Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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

Vol. 143 WASHINGTON, MONDAY, SEPTEMBER 29, 1997 No. 132 House of Representatives The House met at 10:30 a.m. and was leaders and the minority whip limited I am not saying that there is no need called to order by the Speaker pro tem- to not to exceed 5 minutes. for reform. In fact, I have introduced a pore [Mr. NETHERCUTT]. The Chair recognizes the gentleman bill that would make Members of Con- f from Michigan [Mr. KNOLLENBERG] for 5 gress more accountable to their con- minutes. stituents and less beholden to Washing- DESIGNATION OF THE SPEAKER f ton special interests. But I believe the PRO TEMPORE old saying, ‘‘Do not place the cart in PEOPLE’S BUSINESS DELAYED BY front of the horse.’’ It applies to this The SPEAKER pro tempore laid be- CAMPAIGN FINANCE REFORM fore the House the following commu- situation. The American people have elected us nication from the Speaker: Mr. KNOLLENBERG. Mr. Speaker, last week my colleagues on the other to do their business in a deliberative WASHINGTON, DC, and a thoughtful manner. They under- September 29, 1997. side of the aisle held the House hostage stand the way we finance elections is I hereby designate the Honorable GEORGE in an attempt to score political points. R. NETHERCUTT, Jr. to act as Speaker pro In apparently a panic mode over the flawed, but they are not looking for tempore on this day. endless scandals from the 1996 Presi- knee-jerk solutions or reactions that NEWT GINGRICH, dential election, they repeatedly forced may have the unintended consequence Speaker of the House of Representatives. procedural votes that delayed our work of making the system worse. At this f on the appropriation bills. They justify point, we do not know enough about delaying the people’s business as an at- what went wrong in 1996 to offer a solu- MESSAGE FROM THE SENATE tempt to force consideration of cam- tion. A message from the Senate by Mr. paign finance reform. Just consider, for example, the scan- Lundregan, one of its clerks, an- Mr. Speaker, campaign finance re- dal involving the 1996 Teamsters presi- nounced that the Senate had passed form is an important issue, but it is dential election. On September 18, three political consultants for Team- bills of the following titles, in which also a complex issue. Before acting, we sters president Ron Carey pled guilty the concurrence of the House is re- should first fully understand all that is to criminal conspiracy charges related quested: involved with the current system. to a money laundering scheme that From the beginning of this year, S. 462. An act to reform and consolidate may involve the Democratic National the public and assisted housing programs of scandal after scandal involving the Committee, Clinton campaign aides, the United States, and to redirect primary Clinton White House, the Democratic and senior White House officials. responsibility for these programs from the National Committee, and their liberal Federal Government to States and localities, For background purposes, a 1989 set- political allies have dominated the tlement between the Teamsters and and for other purposes; headlines. S. 1178. An act to amend the Immigration the Justice Department over rack- and Nationality Act to extend the visa waiv- Given this onslaught of negative eteering charges called for the Federal er pilot program, and for other purposes; and press coverage, I understand why my Government to finance and oversee the S. 1227. An act to amend title I of the Em- Democratic colleagues would like to 1996 Teamsters presidential election. ployee Retirement Income Security Act of change the subject and create the ap- Ron Carey won the election by a nar- 1974 to clarify treatment of investment man- pearance that they are good Govern- row margin, but on August 22 a court- agers under such title. ment reformers. But I believe it is appointed Federal overseer threw out f critically important for Congress to the election, the results, and called for act in a deliberative fashion on this a new election because of fundraising MORNING HOUR DEBATES issue. It is not enough to say that the abuses. The SPEAKER pro tempore. Pursu- system stinks. We need to identify the Mr. Speaker, under current law it is ant to the order of the House of Janu- people who make the system stink and illegal for Teamsters funds to be spent ary 21, 1997, the Chair will now recog- hold them accountable for skirting the on a candidate in a union election. The nize Members from lists submitted by law. money laundering scheme that Carey’s the majority and minority leaders for The money laundering schemes in- political aides pled guilty to involved morning hour debates. The Chair will volving illegal foreign contributions using Teamsters funds to make politi- alternate recognition between the par- are serious allegations, and they are al- cal contributions to outside groups ties, with each party limited to not to legations that need to be fully inves- which then sent the money back to the exceed 30 minutes, and each Member tigated before campaign finance legis- Carey campaign, a clear violation of other than the majority and minority lation is considered. the law.

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.

H8057 H8058 CONGRESSIONAL RECORD — HOUSE September 29, 1997 A memo has emerged that indicates When we evaluate the information in are less available, so part of those costs Teamster money may have been con- this report, we do need to recognize are passed along to students and their tributed to State and local Democratic that the overwhelming number of col- families through tuition and fee in- parties in exchange for DNC officials leges, universities, and community col- creases. funneling money into Carey’s cam- leges across the land are keeping their Once again, to use MIT as an exam- paign. Senior Clinton advisers have annual tuition increases within the 2 ple, in 1980 the Federal Government been implicated in this scandal, and to 3 national percent average for infla- provided about 40 percent of financial while we do not know the extent of tion. Even some of our most elite col- aid grants to students based on eco- their involvement at this time, the leges are attempting to keep increases nomic need, with MIT providing about possibility of the President’s men being in tuition within this national bound- 50 percent. In 1996, the Federal Govern- involved in a conspiracy of this mag- ary. ment provided 10 percent of need-based nitude is certainly troubling. After all, Last week the president of the Mas- grants and MIT raised funds for 80 per- the Clinton Justice Department was sachusetts Institute of Technology, Dr. cent of those grants. supposed to ensure that the Teamsters Charles Vest, visited my office and re- If we are going to make a college election was conducted in a fair and lated how MIT has managed to keep its education affordable for every student honest manner. To carry out this re- costs down to 2 percent of inflation. Dr. qualified to attend an institution of sponsibility, Congress provided some Vest said that he had taken a page out higher learning, then we must make $22 million. of the corporate handbook to contain grant funding a far greater priority for As a member of the House Committee operating costs. MIT has closed down national spending. on Education and the Workforce, I am its in-house office supply system and is This year, the combination of in- pleased that the gentleman from now contracting with private supply creases in the Pell grant maximum Michigan [Mr. HOEKSTRA] and the gen- companies. It has outsourced many of award and education tax credits will tleman from Illinois [Mr. FAWELL] have the publications it once handled in provide financial support and relief for scheduled hearings on this troubling house as well. many American families. In spite of matter, and I look forward to working No one would argue that our colleges President Clinton’s commitment to in- with them to get to the bottom of this and universities could not do more to crease the Pell grant maximum to scandal. keep overall costs down so that those $3,000, an amount upheld in the House Mr. Speaker, we must reform our sys- increases are not passed along as tui- Labor-HHS-Education appropriations tem to make political candidates more tion increases. We should recognize, bill, we must still do more. We must do accountable to the people they rep- however, that like all institutions, col- much more. resent and less beholden to the big leges and universities have been having If the Pell grant were to have the money and interests that provide it, to adjust their operations to face a new same value and impact this year as it but we must first examine what is century and a new future. did when it was created, then the Pell wrong with the system before we can The top three factors for tuition and grant maximum would have to be in- offer a workable solution. After all, a fee growth have been: First, the need creased today by $5,000, a level that doctor would not prescribe a patient or to make technological improvements would not only increase the average a treatment for a patient that he has on campus such as the purchase and award amount but would also broaden not examined. use of computers, information tech- the eligibility pool. By allowing the inquiries by the rel- nology, and more sophisticated labora- I know many of my colleagues want evant congressional committees, the tories and libraries, et cetera; second, to support legislation that would Justice Department, and, hopefully, a the need for the institution to provide pledge a Pell grant award to every eli- special counsel to move forward, we a greater share of student financial aid gible child upon graduation. Well, if will gain a better understanding of due in large measure to the decreases they want that grant to be worth the what needs to be done to improve this in Federal and State provided grant paper it is written on, they had better system. aid; and, third, increase in faculty sala- start supporting significantly greater The scandals from the Clinton reelec- ries and benefits with health and re- increases in our appropriations for Pell tion campaign have tainted the process tirement increases similar to those grants each year. by which Americans choose their lead- elsewhere in the Nation which, over We must all do more to make a col- ers, and no matter how hard the Presi- the past decade, have also risen at lege education affordable to all. We dent and his allies try to change the rates greater than the national infla- must all do more to make every college subject, this troubling fact must not be tion rate. accessible to those who qualify for ad- swept under the rug. When we in Congress review the situ- mission to an institution of higher As elected officials, we have an obli- ation, we do need to demand fiscal re- learning. Colleges and universities gation to investigate the matter fully straint and accountability from our must do their part by controlling over- and hold those responsible for this slea- colleges and universities, but we must all operating costs, and we here in Con- zy money chase of 1996 accountable. also recognize that we have not always gress must do more to support our chil- Mr. Speaker, to do anything less would played a helpful role and, indeed, that dren’s future by ensuring that Federal be scandalous in its own right. we might be part of the problem, not support for student financial aid in- f the solution. creases substantially over the next 5 Federal investment in higher edu- years. MAKING COLLEGE AFFORDABLE cation, especially student financial aid, f FOR ALL has shrunk significantly in constant RECESS The SPEAKER pro tempore. Under dollars over the past 15 years. In the the Speaker’s announced policy of Jan- decade between 1986 and 1996, the The SPEAKER pro tempore. There uary 21, 1997, the gentleman from Mas- amount of Federal dollars invested in being no further requests for morning sachusetts [Mr. MCGOVERN] is recog- Pell grants fell by 16 percent. For hour debates, pursuant to clause 12, nized during morning hour debates for work-study programs, Federal aid de- rule I, the Chair declares the House in 5 minutes. ceased 32 percent; for Perkins loans, recess until 12 noon. Mr. MCGOVERN. Mr. Speaker, last funding decreased by 17 percent; and Accordingly (at 10 o’clock and 43 week the College Board came out with for the Federal SEOG program, funding minutes a.m.), the House stood in re- its annual report on tuition costs at fell by 33 percent. cess until 12 noon. our Nation’s institutions of higher Whenever Federal dollars are taken f learning. This year’s average tuition away from student financial aid, those b 1200 increase of 5 percent represents a curb costs must be picked up by the institu- over the past decade of double-digit in- tions themselves. Institutional fund- AFTER RECESS flation in college costs. Nonetheless, it raising that would normally have been The recess having expired, the House is still an increase above the national used to cover the costs of faculty and was called to order by the Speaker pro inflation rate. staff benefits or upgrading technology tempore [Mr. UPTON] at 12 noon. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8059 PRAYER PASS THE MARRIAGE TAX sage to our children. It is time to have ELIMINATION ACT Congress join the rest of America and The Chaplain, Rev. James David (Mr. WELLER asked and was given provide a smoke-free environment, es- Ford, D.D., offered the following pecially for our young visitors. prayer: permission to address the House for 1 We pray this day with the words of minute and to revise and extend his re- f marks.) Psalm 100: IN RECOGNITION OF THE NA- Make a joyful noise to the Lord, all the lands! Mr. WELLER. Mr. Speaker, let me Serve the Lord with gladness! ask a very simple and basic question. TIONAL LEAGUE CENTRAL DIVI- Come into his presence with singing! My colleagues, does the average Amer- SION CHAMPION HOUSTON Know that the Lord is God! ican feel that it is fair, is it fair, that ASTROS It is he that made us, and we are his; our Tax Code imposes a higher tax, a (Mr. BENTSEN asked and was given we are his people and the sheep of his pasture. tax penalty, on marriage? Do Ameri- permission to address the House for 1 Enter into his gates with thanksgiving, cans feel it is fair that the average and into his courts with praise! minute and to revise and extend his re- Give thanks to him, and bless his name! married couple, 21 million average marks.) For the Lord is good; married working couples, pay $1400 Mr. BENTSEN. Mr. Speaker, I rise his steadfast love endures forever, more in taxes than a working couple today to honor the Houston Astros and his faithfulness to all generations. living together outside of marriage? from my district for winning the Na- Amen. That is wrong, that is immoral, my tional League Central Division. Fit- f colleagues. We need to repeal and tingly, the division winning game came eliminate the marriage tax penalty on 11 years to the day after the Astros THE JOURNAL marriage. won their last division title when Let me quote an editorial in the Kan- pitcher Mike Scott threw a no-hitter The SPEAKER pro tempore. The kakee Daily Journal, a daily in my against the San Francisco Giants. Chair has examined the Journal of the own congressional district: In winning the Central Division title, last day’s proceedings and announces The marriage tax is an unfair imposition. the Astros have displayed the grit and to the House his approval thereof. The Code should be rewritten to eliminate it. determination that are the hallmarks Pursuant to clause 1, rule I, the Jour- Laws should encourage rather than discour- of Houston’s brand of baseball. With nal stands approved. age marriage. They should encourage rather all-stars such as first baseman Jeff f than discourage couples from staying to- Bagwell, second baseman Craig Biggio, gether. pitchers Darryl Kile and Billy Wagner, PLEDGE OF ALLEGIANCE It is an issue of fairness, my col- the Astros have played exciting base- The SPEAKER pro tempore. Will the leagues. That is why it is so important ball, displaying their explosive offense gentleman from Texas [Mr. SMITH] we pass the Marriage Tax Elimination and stellar defense throughout the sea- come forward and lead the House in the Act, legislation that is now enjoying son. Pledge of Allegiance. the bipartisan support of almost 190 I would also like to praise the rookie Mr. SMITH of Texas led the Pledge of Members of this House. manager for the Astros, Larry Dierker. Allegiance as follows: Next year when we move forward A former Astros pitcher during the with another balanced budget, in 1998, I pledge allegiance to the Flag of the 1960’s and 1970’s, Larry gave up his United States of America, and to the Repub- let us make the centerpiece of next highly respected job as a color com- lic for which it stands, one nation under God, year’s budget elimination of the most mentator for the Astros radio and tele- indivisible, with liberty and justice for all. unfair and immoral portion of our Tax vision broadcasts to become the new Code, and that is the marriage tax pen- f manager of the team last October. alty. As Houston is known as the city of CONGRESS MUST CHANGE THE f champions, my bet is with the Astros BURDEN OF PROOF IN TAX CASES SENDING A CLEAR MESSAGE TO to bring the World Series title home in (Mr. TRAFICANT asked and was OUR CHILDREN October. given permission to address the House (Mr. BLUMENAUER asked and was f for 1 minute and to revise and extend given permission to address the House APPLAUDING THE ATRA FOR SET- his remarks.) for 1 minute.) TING ASIDE LAST WEEK AS NA- Mr. TRAFICANT. Mr. Speaker, an Mr. BLUMENAUER. Mr. Speaker, TIONAL LAWSUIT ABUSE AWARE- IRS agent testified under oath that one of the joys of serving in the House NESS WEEK taxpayers who fight back are told, and is being able to bring young visitors I quote, ‘‘Sue us; go right ahead, sue us here to the floor, but when I bring chil- (Mrs. NORTHUP asked and was given and prove that we are wrong.’’ dren on the House floor, they are often permission to address the House for 1 Think about it. After our taxpayers surprised to see Members of Congress minute.) are hit with unnecessary tax bills, smoking here in the Chamber. Mrs. NORTHUP. Mr. Speaker, I rise heavy enough to cause a hernia for the My young guests ask if it is against today to thank the American Tort Re- Jolly Green Giant, they are told, ‘‘If the rules to smoke in the House, and I form Association for setting aside last you don’t like it, sue us.’’ tell them there are some areas one can week as the National Lawsuit Abuse This is not hearsay, this is not and some areas one cannot. I have no Awareness Week to remind the Amer- rumor, this is an exact quote of an IRS good answer as to why the rules are not ican public of the problems and the agent who also said, ‘‘Beware, Con- enforced or why smoking is permitted promise of our legal system. gress. The IRS will tell you these are here at all. Last week served as a reminder that isolated incidents. That’s not true. I am concerned about this message Congress and the President have a real This is, in fact, standard policy.’’ we are sending to our children. We tell opportunity to do something about Beam me up. I say it is time for Con- them not to smoke, and they watch those abuses this year by passing and gress to shove these illegal tactics smoking here in the House, the peo- signing the Federal product liability right up the assets of the IRS. The IRS ple’s Chamber. legislation. Reform legislation can go has been created by Congress. Congress A bipartisan group of Members and I far in curbing abuses, spurring eco- caused this problem, Congress must have proposed House Resolution 247 nomic development, and helping con- solve this problem, and Congress must which protects our guests from tobacco sumers, particularly women, who have change the burden of proof in the tax smoke. This prohibition would include been harmed by the current legal sys- case, or else the IRS will keep saying, the House floor, passageways and tem. ‘‘Prove it, sucker, prove it. Prove we’re rooms leading to the floor, and the For example, women are adversely wrong.’’ Rayburn Room. affected by the near shutdown of con- I yield back all the balance of these We need to lift the cloud hanging traceptive research in the United illegal tactics. over the House and send a clear mes- States due to the manufacturers’ fears H8060 CONGRESSIONAL RECORD — HOUSE September 29, 1997 of lawsuit. Those same fears are actu- into the United States of certain reli- The visa program expires at the end ally keeping women out of clinical gious workers, as amended. of the fiscal year, September 30. This studies. The Clerk read as follows: substitute amendment to S. 1198 ex- Furthermore, women own 30 percent S. 1198 tends the program for 3 additional of all small businesses in America. Be it enacted by the Senate and House of Rep- years, until October 2000. That number is predicted to be at 40 resentatives of the United States of America in When the program was created, a percent by the turn of the century. Congress assembled, sunset date was included because of Federal legislation will help remove SECTION 1. 3-YEAR EXTENSION OF SPECIAL IM- congressional concerns about potential unnecessary and unreasonable burdens MIGRANT RELIGIOUS WORKER PRO- fraud. Recently, the Immigration and on these job creators. GRAM. Naturalization Service and the State (a) IN GENERAL.—Section 101(a)(27)(C)(ii)) I applaud the ATRA for its work and Department have strongly indicated of the Immigration and Nationality Act (8 that these earlier concerns about fraud look forward to working with my col- U.S.C. 1101(a)(27)(C)(ii)) is amended by strik- leagues to see product liability reform ing ‘‘1997,’’ each place it appears and insert- have, in fact, proved warranted. legislation enacted into law this year. ing ‘‘2000,’’. The State Department’s assistant secretary of state for consular affairs f (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on wrote to me the Department has, COMMUNICATION FROM MINORITY the date of the enactment of this Act. quote, uncovered a troubling number of STAFF DIRECTOR AND CHIEF SEC. 2. WAIVER OF NONIMMIGRANT VISA FEES scams, both individual and organized, COUNSEL OF THE COMMITTEE FOR CERTAIN CHARITABLE PUR- seeking to exploit this category to ob- POSES. ON COMMERCE tain immigration benefits illegally. (a) IN GENERAL.—Section 281 of the Immi- Most problematic are those cases gration and Nationality Act (8 U.S.C. 1351) is The Speaker pro tempore laid before that involved organized fraud rings in the House the following communica- amended by adding at the end the following new sentence: ‘‘Subject to such criteria as which documents or religious institution from Reid P.F. Stuntz, minority tions in the United States are fab- staff director and chief counsel of the the Secretary of State may prescribe including the duration of stay of the alien and the ricated or when the applicant colludes Committee on Commerce: financial burden upon the charitable organi- with a member of a religious institu- U.S. HOUSE OF REPRESENTATIVES, zation, the Secretary of State shall waive or tion in the United States to misrepre- COMMITTEE ON COMMERCE, reduce the fee for application and issuance of sent either his or her qualifications Washington, DC, September 25, 1997. a nonimmigrant visa for any alien coming to with the position to which the appli- Hon. NEWT GINGRICH, the United States primarily for, or in activi- Speaker, U.S. House of Representatives, cant is destined. ties related to, a charitable purpose involv- The American Embassy in Moscow Washington, DC. ing health or nursing care, the provision of DEAR MR. SPEAKER: This is to formally no- food or housing, job training, or any other discovered a fraud ring in New York tify you, pursuant to Rule L (50) of the Rules similar direct service or assistance to poor which fabricated documentation of sev- of the House of Representatives, that I have or otherwise needy individuals in the United eral religious denominations in New received subpoenas for documents and testi- States.’’. York City on behalf of applicants who mony issued by the U.S. District Courts for (b) EFFECTIVE DATE.—The amendment had no religious training and no inten- the Central District of California and the made by subsection (a) shall take effect on tion of taking up religious occupations District of Columbia, respectively, in the the date of the enactment of this Act. in the United States. Several consular matter of Oxycal Laboratories, Inc., et al. v. SEC. 3. 6-MONTH EXTENSION OF DEADLINE FOR offices have reported suspicions that Patrick, et al., No. SA CV–96–1119 AHS (Eex) DESIGNATION OF EFFECTIVE DATE (D.D. Cal.) (a civil dispute between private FOR PAPERWORK CHANGES IN EM- some churches in the United States parties that apparently arises out of an al- PLOYER SANCTIONS PROGRAM. have created fictitious positions solely leged breach of a settlement agreement). (a) IN GENERAL.—Section 412(e)(1) of the Il- to help an alien procure an immigra- After consultation with the Office of Gen- legal Immigration Reform and Immigrant tion benefit, end quote. eral Counsel, I have determined that the sub- Responsibility Act of 1996 (Public law 104– Extending the program for another 3 poenas appear, at least in part, not to be 208; 110 Stat. 3009–668) is amended by striking years will allow for further investiga- consistent with the rights and privileges of ‘‘12’’ and inserting ‘‘18’’. tion of the misuse of religious worker the House and, to the extent consistent with (b) EFFECTIVE DATE.—The amendment visas. We will have time to accomplish the rights and privileges of the House, should made by subsection (a) shall take effect as if what the State Department considers included in the enactment of the Illegal Im- be resisted. prudent; that is, quote, to follow this Sincerely, migration Reform and Immigrant Respon- REID P.F. STUNTZ, sibility Act of 1996. program closely to see what new fraud Minority Staff Director and The SPEAKER pro tempore. Pursu- patterns emerge and what new tools Chief Counsel. ant to the rule, the gentleman from the Department may need to deter them, end quote. f Texas [Mr. SMITH] and the gentleman It is in everyone’s interest to combat from California [Mr. CONDIT] each will ANNOUNCEMENT BY THE SPEAKER fraud for, as the State Department control 20 minutes. notes, quote, for the first time we will PRO TEMPORE The Chair recognizes the gentleman The SPEAKER pro tempore. Pursu- reach the statutory limit of 5,000 reli- from Texas [Mr. SMITH]. gious worker immigrant visas this fis- ant to the provisions of clause 5, rule I, GENERAL LEAVE cal year. Any future growth in the use the Chair announces that he will post- Mr. SMITH of Texas. Mr. Speaker, I of the program will cause the develop- pone further proceedings today on each ask unanimous consent that all Mem- ment of a waiting list. This will mean motion to suspend the rules on which a bers may have 5 legislative days to re- that each visa fraudulently obtained recorded vote or the yeas and nays are vise and extend their remarks on the will delay the issuance of an immi- ordered or on which the vote is ob- bill under consideration. grant visa to legitimate religious jected to under clause 4 of rule XV. The SPEAKER pro tempore. Is there workers, end quote. Such rollcall votes, if postponed, will objection to the request of the gen- This substitute amendment to S. 1198 be taken after debate has concluded on tleman from Texas? also includes a provision added to the all motions to suspend the rules, but There was no objection. Senate bill by Senator HATCH. The pro- not before 5 p.m. today. Mr. SMITH of Texas. Mr. Speaker, I vision would allow the Secretary of f yield myself such time as I may State to waive or reduce visa process- consume. ing fees for aliens coming to the United PERMANENT ENTRY AUTHORITY Mr. Speaker, I am happy to have States for purposes involving health or FOR CERTAIN RELIGIOUS WORK- played a role in the creation of the Re- nursing care, the providing of food or ERS ligious Worker Immigrant Visa Pro- housing, job training, or any other Mr. SMITH of Texas. Mr. Speaker, I gram in 1990. I support these visas similar direct service or assistance to move to suspend the rules and pass the since they allow American religious de- the poor and needy here in the United Senate bill (S. 1198) to amend the Im- nominations, large and small, to bene- States. migration and Nationality Act to profit by the addition of committed reli- Lastly, S. 1198 extends the time pe- vide permanent authority for entry gious workers from overseas. riod last year’s immigration bill gave September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8061 the INS to reduce the number of docu- AUTHORIZING APPROPRIATIONS Mr. Speaker, I rise in support of the ments acceptable for employment ver- FOR REFUGEE AND ENTRANT bill on behalf of the gentleman from ification purposes. The INS informs us ASSISTANCE, FISCAL YEARS 1998 North Carolina [Mr. WATT], and urge that the agency cannot, within the AND 1999 its passage. This is another bipartisan original deadline of the end of the Mr. SMITH of Texas. Mr. Speaker, I piece of legislation that the gentleman month, issue appropriate regulations move to suspend the rules and pass the from Texas [Mr. SMITH] has managed and properly educate employers. The Senate bill (S. 1161), to amend the Im- and we urge its adoption. bill, therefore, grants the INS a 6- migration and Nationality Act to au- Mr. Speaker, I yield 5 minutes to the month extension of that deadline. thorize appropriations for refugee and gentleman from Ohio [Mr. TRAFICANT]. Mr. Speaker, I urge my colleagues to entrant assistance for fiscal years 1998 Mr. TRAFICANT. Mr. Speaker, I vote in support of the substitute and 1999. want to commend and compliment the amendment to S. 1198. The Clerk read as follows: gentleman from Texas [Mr. SMITH] and I want to compliment the gentleman Mr. Speaker, I reserve the balance of S. 1161 from California [Mr. CONDIT], who has my time. Be it enacted by the Senate and House of Rep- Mr. CONDIT. Mr. Speaker, I rise in resentatives of the United States of America in been an outspoken leader in many support of the bill, as amended. Congress assembled, areas; responsible for the Blue Dogs in (Mr. CONDIT asked and was given SECTION 1. AUTHORIZATION OF APPROPRIA- this Congress, has helped to fashion permission to revise and extend his re- TIONS FOR REFUGEE AND ENTRANT some important policy changes, and I marks.) ASSISTANCE. want to personally thank him on be- (a) AUTHORIZATION OF APPROPRIATIONS.— half of the American people for some of Mr. CONDIT. Mr. Speaker, on behalf Section 414(a) of the Immigration and Na- of the gentleman from North Carolina his efforts. tionality Act (8 U.S.C. 1524(a)) is amended by I rise on a different issue, and I do [Mr. WATT] I rise in support. striking ‘‘fiscal year 1995, fiscal year 1996, and fiscal year 1997’’ and inserting ‘‘each of not want to belabor and take a lot of time, Mr. Speaker. What I have to talk b 1215 fiscal years 1998 and 1999’’. (b) EFFECTIVE DATE.—The amendment about is very important. Albanian There are some difficulties with the made by subsection (a) shall take effect Oc- Prime Minister Nano is in Washington bill. There are some Members on this tober 1, 1997. today. I want to warn my colleagues, I side of the aisle who would have pre- The SPEAKER pro tempore. Pursu- want to warn this committee, I want to ferred for us to have a permanent ex- ant to the rule, the gentleman from warn this Congress and I want to warn tension, and the Senate did pass a per- Texas [Mr. SMITH] and the gentleman this Government about the serious manent extension, but we have worked from California [Mr. CONDIT] each will problems in Albania. together in a bipartisan way. We un- control 20 minutes. There was recently an assassination derstand the White House would prefer The Chair recognizes the gentleman attempt on one of the prominent mem- it to be permanent, but they are in sup- from Texas [Mr. SMITH]. bers of the democratic party in Alba- port of however we can work it out GENERAL LEAVE nia. Nano’s socialist government has over here. So I rise in behalf of the gen- Mr. SMITH of Texas. Mr. Speaker, I denied freedom of speech, freedom of tleman from North Carolina [Mr. ask unanimous consent that all Mem- the press, freedom of assembly. In Mac- WATT] in support of the bill today. bers may have 5 legislative days to re- edonia the rights of ethnic Albanians Mr. Speaker, I reserve the balance of vise and extend their remarks on the are literally being trampled upon. They my time. bill under consideration. are being treated like cattle, treated Mr. SMITH of Texas. Mr. Speaker, I The SPEAKER pro tempore. Is there like dogs. Families are in misery. It is wish to thank the gentleman from objection to the request of the gen- unbelievable. And through all of this, California [Mr. CONDIT] for his com- tleman from Texas? our Government has actually remained ments and his support for this bill. There was no objection. silent. I want to let this Congress know that Ms. LOFGREN. Mr. Speaker, I intend to Mr. SMITH of Texas. Mr. Speaker, I the silence in America is deafening in support S. 1198 as substituted by the gen- yield myself such time as I may Albania and deafening to the free peo- tleman from Texas. consume. ple throughout our world. Unbelievable The availability of visas for religious workers Mr. Speaker, I rise in support of the to me. It is time for the United States to come and do good in our country is impor- Senate bill, S. 1161, as passed by the of America to make it clear to Prime tant. We all agree on that. Senate, and urge my colleagues to support it. Minister Nano that we will not tolerate I would prefer a permanent extension of S. 1161 simply reauthorizes refugee or stand by while Albanians are being these visas, but can vote for Chairman resettlement funds for 2 years. The lan- systematically abused and persecuted. SMITH's 3-year extension before us today. guage ‘‘such sums as are necessary’’ al- The message must be loud, the message I recommend that my colleagues join me in lows the Committee on Appropriations must be consistent, the message must supporting this bill. to adjust the funds available, based be clear: Let there be no mistake. Mr. SMITH of Texas. Mr. Speaker, I upon the number of refugees resettled Nano’s socialist party is the old Com- yield back the balance of my time. in the United States for fiscal years munist Party, and they have destroyed Mr. CONDIT. Mr. Speaker, I yield 1998 and 1999. the rights of Albanian people for years back the balance of my time as well. While I hope that the number of refu- and years. The legacy speaks for itself. The SPEAKER pro tempore [Mr. gees being settled in the United States The United States should offer no UPTON]. The question on the motion of- declines in the upcoming years, I also aid. The United States should offer no fered by the gentleman from Texas hope that those refugees who need to solace to this Nano government who [Mr. SMITH] that the House suspend the be resettled in the United States have has repeatedly demonstrated a lack of rules and pass the Senate bill, S. 1198, programs available to help ease them respect for rights and a willingness to as amended. into the American way of life. abuse the Albanian people. The question was taken. Since the existence of several pro- I will today, on the Subcommittee on Mr. TRAFICANT. Mr. Speaker, I ob- grams hinge on enactment of reauthor- Commerce, Justice, and State, the Ju- ject to the vote on the ground that a ization of the programs, passage of this diciary and Related Agencies appro- quorum is not present and make the bill is necessary. I urge the adoption of priation bill, seek a colloquy and look point of order that a quorum is not the bill. for report language directing policy to present. Mr. Speaker, I reserve the balance of this issue. I thank the gentleman for The SPEAKER pro tempore. Pursu- my time. his leadership that has provided free- ant to clause 5 of rule I and the Chair’s [Mr. CONDIT asked and was given dom for many people throughout the prior announcement, further proceed- permission to revise and extend his re- world, and I ask for the gentleman’s ings on this motion will be postponed. marks.) support in my effort with the gen- The point of no quorum is considered Mr. CONDIT. Mr. Speaker, I yield tleman from Kentucky [Mr. ROGERS], withdrawn. myself such time as I may consume. chairman of the Subcommittee on H8062 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Commerce, Justice, State and Judici- of the au pair program. The date of the The question was taken. ary of the Committee on Appropria- present program’s expiration is ap- Mr. CONDIT. Mr. Speaker, I object to tions. proaching, and so it is imperative to the vote on the ground that a quorum With that, I thank the gentleman for continue the program through this legis not present and make the point of allowing me this time. It is unusual for islation. order that a quorum is not present. me to speak out, but I have become The au pair program gives young peo- The SPEAKER pro tempore. Pursu- aware of this through a very good ple from many different countries a ant to clause 5 of rule I, and the Chair’s friend and former Member, Joseph chance to visit the United States and prior announcement, further proceed- DiGarde. This is a tragedy, this is a to live with an American family for up ings on this motion will be postponed. shame, this is a human rights concern to a year, assisting with child care and The point of no quorum is considered beyond reproach, and Congress must other needs around the home. It is a withdrawn. not allow this deafening silence way for providing for round-trip travel, f throughout the world. tuition fees, and weekly stipend. It is CLINT INDEPENDENT SCHOOL DIS- Mr. CONDIT. Mr. Speaker, I yield of assistance both to our country and TRICT AND FABENS INDEPEND- myself such time as I may consume. to the individual visitor who learns Once again, I urge the House to pass more about the United States. ENT SCHOOL DISTRICT LAND the bill. It is a bipartisan approach. I This is a bipartisan, noncontroversial CONVEYANCE must say that I appreciate the kind measure. It has already passed the Mr. CAMPBELL. Mr. Speaker, I words of the gentleman from Ohio [Mr. other body, and I hope that my col- move to suspend the rules and pass the TRAFICANT]. He says that rarely does leagues in the House will support this bill (H.R. 1116) to provide for the con- he speak out, but he can always be bill in passage and promptly send it to veyance of the reversionary interest of counted on to speak out and do what is the President for signature. the United States in certain lands to right for this country. I think he is a Mr. Speaker, I reserve the balance of the Clint Independent School District great American and I appreciate his ef- my time. and the Fabens Independent School Mr. HAMILTON. Mr. Speaker, I yield forts and all he has done for this House District myself such time as I may consume. and for this country. The Clerk read as follows: I commend the gentleman from New Mr. Speaker, I yield back the balance H.R. 1116 York [Mr. GILMAN] and my friend and of my time. colleague, the gentleman from Califor- Be it enacted by the Senate and House of Rep- Mr. SMITH of Texas. Mr. Speaker, I resentatives of the United States of America in nia [Mr. CAMPBELL], for bringing before yield back the balance of my time. Congress assembled, the House this bill to permanently ex- The SPEAKER pro tempore. The SECTION. 1. CONVEYANCE OF PROPERTY. tend the authority of USIA to run the question is on the motion offered by Subject to section 2, the Secretary of State au pair program. I have had my doubts the gentleman from Texas [Mr. SMITH] shall execute and file in the appropriate of- about whether the program should be that the House suspend the rules and fice such instrument as may be necessary to run by USIA. I understand the program pass the Senate bill, S. 1161. release the reversionary interest of the Unit- brings many positive experiences, both ed States in the 40-acre tract of land referred The question was taken. to in Public Law 85–42. Mr. CONDIT. Mr. Speaker, I object to to the au pairs as well as to the host SEC. 2. TERMS AND CONDITIONS. the vote on the ground that a quorum families. The 1995 lapse in authorization was The release under section 1 shall be made is not present and make the point of very disruptive to the program and its upon condition that the Clint Independent order that a quorum is not present. participants, and to the U.S. host fami- School District and the Fabens Independent The SPEAKER pro tempore. Pursu- lies. Another such interruption will be School District in the State of Texas use any ant to clause 5 of rule I and the Chair’s proceeds received from the disposal of such avoided by passing this bill before au- prior announcement, further proceed- land for public educational purposes. thorization would expire on September ings on this motion will be postponed. The SPEAKER pro tempore. Pursu- 30. Given its long history and the fa- The point of no quorum is considered ant to the rule, the gentleman from vorable October 1996 report to Congress withdrawn. California [Mr. CAMPBELL] and the gen- by USIA, the au pair program should f tleman from Indiana [Mr. HAMILTON] no longer be subject to uncertainty and each will control 20 minutes. PROVIDING PERMANENT AUTHOR- short-term authorizations. The Chair recognizes the gentleman ITY FOR THE ADMINISTRATION I urge the adoption of the measure. I from California [Mr. CAMPBELL]. OF AU PAIR PROGRAMS commend again the chief sponsors of it, including the gentleman from Califor- Mr. CAMPBELL. Mr. Speaker, this Mr. CAMPBELL. Mr. Speaker, I bill is authored by our colleague and move to suspend the rules and pass the nia [Mr. CAMPBELL]. Mr. Speaker, I yield back the balance friend, Mr. REYES, from Texas, and I Senate bill (S. 1211) to provide perma- expect that we will hear from him as nent authority for the administration of my time. Mr. CAMPBELL. Mr. Speaker, I yield soon as the opportunity arises on the of au pair programs. myself such time as I may consume to Democratic side of the aisle, but I wish The Clerk read as follows: simply add that it is always a pleasure to begin by giving him credit for au- S. 1211 to be on the floor with my colleague thorship of the bill. It is my privilege Be it enacted by the Senate and House of Rep- and good friend, the distinguished gen- to bring the bill to the floor. This bill resentatives of the United States of America in will provide for the reversionary inter- Congress assembled, tleman from Indiana [Mr. HAMILTON]. GENERAL LEAVE est to be conveyed from the United SECTION 1. PERMANENT AUTHORITY FOR AU States, in which it presently lies, to PAIR PROGRAMS. Mr. CAMPBELL. Mr. Speaker, I ask Section 1(b) of the Act entitled ‘‘An Act to unanimous consent that all Members the Clint Independent School District extend au pair programs’’, approved Decem- may have 5 legislative days within and the Fabens Independent School ber 23, 1995 (Public Law 104–72; 109 Stat. 776) which to revise and extend their re- District in the State of Texas. is amended by striking ‘‘, through fiscal year marks on S. 1211, the Senate bill now The present reversionary interest is 1997’’. under consideration. exercised by the United States through The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there the Department of State. The Depart- ant to the rule, the gentleman from objection to the request of the gen- ment of State has informed us that it California [Mr. CAMPBELL] and the gentleman from California? no longer has any interest in the prop- tleman from Indiana [Mr. HAMILTON] There was no objection. erty. Through this bill, the State De- each will control 20 minutes. Mr. CAMPBELL. Mr. Speaker, I yield partment relinquishes its reversionary The Chair recognizes the gentleman back the balance of my time. interest and gives it back to local from California [Mr. CAMPBELL]. The SPEAKER pro tempore. The school districts in Texas. Mr. CAMPBELL. Mr. Speaker, I yield question on the motion offered by the It is an utterly noncontroversial, bi- myself such time as I may consume. gentleman from California [Mr. CAMP- partisan measure. The two local school Today we bring to the floor the Sen- BELL] that the House suspend the rules districts will benefit from it. Their ate bill, S. 1211, a permanent extension and pass the Senate bill, S. 1211. educational programs will benefit from September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8063 it. The land will be free and clear for pendent School District, and school of- Mr. Speaker, I yield back the balance whatever further conveyancing or use ficials and teachers must confront of my time. these school districts have. It is a daily the difficulties of getting the stu- Mr. CAMPBELL. Mr. Speaker, I yield straightforward bill, and I urge my col- dents to the farm and back safely. myself such time as I may consume. leagues to adopt H.R. 1116. Students must travel 2 miles each Mr. Speaker, it is an honor to be here Mr. Speaker, I reserve the balance of way on busy streets. This takes time with my colleague, the gentleman from my time. away from learning and places the stu- Texas [Mr. REYES]. I want to give trib- Mr. HAMILTON. Mr. Speaker, I yield dents in danger during the school day. ute to my chairman, the gentleman myself such time as I may consume. Also, in a district like Clint, most stu- from New York [Mr. GILMAN], who al- Let me again express appreciation to dents do not have vehicles, so teachers lowed me to represent him in bringing the gentleman from New York [Mr. and students must work to locate this bill to the floor. GILMAN] for bringing before the House transportation to and from the farm. The logic that our colleague, the gen- the bill by the gentleman from Texas Because of the distance to the farm, tleman from Texas [Mr. REYES], brings [Mr. REYES] to release the Federal Gov- it would make sense for Clint to sell to us in this context also is present in ernment’s reversionary interest in the the land and use the proceeds to pur- a bill that my colleague might be not Clint and Fabens independent school chase land closer to the school. As a yet aware of, offered by the gentleman districts. matter of fact, the school district has from Kansas [Mr. RYUN], regarding re- We on the committee are glad that already located land directly adjacent versionary interests in land where we have been helpful to our friend from to the school on which they could build there had been an easement for rail- Texas on this matter. As I understand an agricultural farm for their students. road use. Land should go back to its it, the school districts in his district in This would allow students simply to original owners when an easement is Texas have had this property since walk next door to the educational no longer needed. I applaud the gen- about 1940. The Federal Government farm, avoiding costly transportation tleman from Texas for his thinking in originally retained a reversionary in- needs, danger, and increasing the this case. I urge that he might want to terest in the property for good over- learning time. look at the other case as an example of sight reasons. As the law is written, however, the a comparable approach. State Department holds a reversionary GENERAL LEAVE b 1230 interest in the land where the farm is Mr. CAMPBELL. Mr. Speaker, I ask According to the Department of currently located. This reversionary unanimous consent that all Members State, it no longer has any interest in interest requires that ownership of the may have 5 legislative days within the property. In order to allow the dis- land revert to the Federal Government which to revise and extend their re- trict’s ability to make best use of the if any attempt is made to dispose of marks on H.R. 1116. property, it is necessary for us to pass the lands. The SPEAKER pro tempore [Mr. H.R. 1116 to release the Secretary of For 40 years Clint and Fabens have UPTON]. Is there objection to the re- State from the reversionary interest. been confined by this law, which request of the gentleman from Califor- Under this bill the release of the inter- quires them to either keep the lands, nia? est shall be conditional upon the prop- regardless of changes in local cir- There was no objection. erty being used for public educational cumstances, or surrender it back to the Mr. CAMPBELL. Mr. Speaker, I have purposes. I urge the adoption of the Federal Government and leave their no further requests for time, and I measure. students with even fewer vocational re- yield back the balance of my time. The SPEAKER pro tempore. The Mr. Speaker, I yield the balance of sources and opportunities than are cur- question is on the motion offered by my time to the gentleman from Texas rently available. the gentleman from California [Mr. [Mr. REYES], the sponsor of the bill. Mr. Speaker, in pursuing this legisla- Mr. REYES. Mr. Speaker, I rise tion, I have worked closely with the CAMPBELL] that the House suspend the today in support of this bill, which is Department of State, which currently rules and pass the bill, H.R. 1116. The question was taken; and (two- highly important to two school dis- holds the reversionary interest in the thirds having voted in favor thereof) tricts in El Paso, the Sixteenth Dis- land. I have a letter here from Barbara the rules were suspended and the bill trict of Texas. This legislation would Larkin, Assistant Secretary of State make only a minor change in the law, was passed. for Legislative Affairs, which states A motion to reconsider was laid on but would provide much-needed relief that the Department no longer has an the table. to the Clint and Fabens Independent interest in this land and does not ob- f School Districts, and provide them the ject to the release of the reversionary power to determine how to use one of interest. EXPRESSING THE SENSE OF CON- their assets much more effectively. I have also worked closely with the GRESS REGARDING THE OCEAN Since 1957 the Clint and Fabens Inde- Committee on International Relations Mr. SAXTON. Mr. Speaker, I move to pendent School Districts in El Paso on this bill, and I want to thank both suspend the rules and agree to the con- have used land conveyed to them by the gentleman from New York [Mr. current resolution, House Concurrent the Federal Government to enhance GILMAN] and the gentleman from Indi- Resolution 131, expressing the sense of their agricultural and vocational cur- ana (Mr. Hamilton) for their coopera- Congress regarding the ocean, as riculum. An agricultural farm used tion in this matter, and for bringing amended. mainly by the Clint School District is my bill to the floor today. The Clerk read as follows: situated on this land. Mr. Speaker, I also want to thank H. CON. RES. 131 Before the farm was built, the Fed- their staffs, Ms. Kristen Gilley and Ms. Whereas the ocean comprises nearly three eral Government had let the land lie Elana Broitman for their assistance in quarters of the surface of the Earth; unused for 23 years. By locating an moving this bill forward. Waiving this Whereas the ocean contains diverse species educational farm on this land, the reversionary interest is a simple and of fish and other living organisms which Clint Independent School District straightforward way to help the young form the largest eco-system on Earth; Whereas these living marine resources pro- made the land useful and an important people in my district in Texas. The lan- vide important food resources to the United dimension to their educational pro- guage of the legislation is narrowly States and the world, and unsustainable use gramming. For decades we have great- tailored to ensure that any proceeds of these resources has unacceptable eco- ly appreciated the Federal Govern- from the sale of lands will go toward nomic, environmental, and cultural con- ment’s transferring this property to improving the education of students. sequences; our school districts. The State Department does not want Whereas the ocean and sea floor contain Over the years, however, transport- or need the reversionary interest, and vast energy and mineral resources which are ing students to the educational farm it would provide much needed author- critical to the economy of the United States and the world; has grown increasingly problematic. ity to my local school districts. I urge Whereas the ocean largely controls global The land is located 2 miles beyond the my colleagues to support this legisla- weather and climate, and is the ultimate outermost boundary of the Clint Inde- tion. source of all water resources; H8064 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Whereas the vast majority of the deep cannot act to address this problem un- fisheries have been decimated. Coastal ocean is unexplored and unknown, and the less the public fully understands that ecosystems are severely stressed by de- ocean is truly the last frontier on Earth for the oceans are important to all Ameri- velopment and by pollution. Yet, we science and civilization; cans, whether or not they make their depend on the oceans more than ever Whereas the ocean is the common means of transportation between coastal nations and living directly from the sea. for food, for transportation, and for carries the majority of the United States for- Mr. Speaker, House Concurrent Reso- recreation. eign trade; lution 131 helps to build this under- We need to take a long, hard look at Whereas any nation’s use or misuse of standing. Also, it is interesting to how we interact with the oceans, and ocean resources has effects far beyond that point out that 1998 will be the Inter- define a new relationship based on sus- nation’s borders; national Year of the Ocean. Scientific tainable use, I repeat that, on sustain- Whereas it has been 30 years since the and educational events designed to in- Commission on Marine Science, Engineering, able use, of our ocean resources. and Resources (popularly known as the crease understanding of the oceans and Mr. Speaker, this resolution is an ex- Stratton Commission) met to examine the ocean resources will be held through- cellent way for the House to launch state of United States ocean and coastal pol- out the year. that effort. I join my colleague, the icy, and issued recommendations which led The international focus on ocean re- gentleman from New Jersey [Mr. to the present Federal structure for oceanog- sources presents a very good oppor- SAXTON] in urging bipartisan support. raphy and marine resource management; and tunity for us to make substantive im- The gentleman from New Jersey is Whereas 1998 has been declared the Inter- provements to the U.S. oceans pro- chair of the subcommittee. He has been national Year of the Ocean, and in order to grams. House Concurrent Resolution observe such celebration, the National Oce- a remarkable leader on this issue. anic and Atmospheric Administration and 131 encourages the administration to It is very interesting that today a other Federal agencies, in cooperation with take advantage of the Year of the Representative from New Jersey and a organizations concerned with ocean science Ocean to review and streamline ocean Representative from California get up and marine resources, have resolved to pro- programs, and take steps to improve to support this, because we are sepa- mote exploration, utilization, conservation, our understanding of the ocean re- rated by land mass, but our two dis- and public awareness of the ocean: Now, sources. tricts are joined by the oceans, the therefore, be it Mr. Speaker, this resolution, will ex- Resolved by the House of Representatives (the long way around, I might add. But the press congressional recognition of the fact is that what affects one affects the Senate concurring), That it is the sense of the importance of the ocean and congres- Congress that— other, so this resolution will help bring (1) the ocean is of paramount importance sional commitment to improving the a sense of Congress that this is an im- to the economic future, environmental qual- ocean programs. Obviously, I hope ev- portant issue, and that we ought to, in ity, and national security of the United eryone will support this bill. this Congress, be spending more atten- States; I would also like to point out the im- tion and more moneys on oceans than (2) the United States has a responsibility portant role that the gentleman from to exercise and promote comprehensive stew- we are on outer space, because the California [Mr. FARR] has played, not oceans are our future, how we are ardship of the ocean and the living marine only in helping to bring this resolution resources it contains; and going to survive on this planet. to the floor, but relative to the subject (3) Federal agencies are encouraged to take Mr. Speaker, I thank the chairman of of ocean environment, generally. His advantage of the United States and inter- the committee for his leadership, and I contribution has been very, very mean- national focus on the oceans in 1998, to— urge my colleagues to support this res- (A) review United States oceanography and ingful, and it has been a pleasure to olution. marine resources management policies and work with him. programs; Mr. Speaker, I urge all Members to Mr. Speaker, I yield back the balance (B) identify opportunities to streamline, support this bill, and I reserve the bal- of my time. better direct, and increase interagency co- ance of my time. Mr. SAXTON. Mr. Speaker, I yield operation in oceanographic research and ma- myself such time as I may consume. rine resource management policies and pro- Mr. FARR of California. Mr. Speaker, I yield myself such time as I may Mr. Speaker, let me just emphasize grams; and just how important I think this subject (C) develop scientific, educational, and re- consume. source management programs which will ad- (Mr. FARR of California asked and is. Obviously, when we pass a resolu- vance the exploration of the ocean and the was given permission to revise and ex- tion suggesting that Congress pay spe- sustainable use of ocean resources. tend his remarks.) cial note to something, or that the The SPEAKER pro tempore. Pursu- Mr. FARR of California. Mr. Speaker, American people pay special note of ant to the rule, the gentleman from I rise in support of House Concurrent something, obviously there is a good New Jersey [Mr. SAXTON] and the gen- Resolution 131. Mr. Speaker, the U.N. reason for us to do it. tleman from California [Mr. FARR] General Assembly has declared 1998 to I think what the gentleman from each will control 20 minutes. be the International Year of the Ocean. California [Mr. FARR] and I bring to The Chair recognizes the gentleman That is probably one U.N. action that the House together in terms of this from New Jersey [Mr. SAXTON]. everyone in this House can support. subject is that we have both had expe- Mr. SAXTON. Mr. Speaker, I yield It has been nearly 30 years, as the riences over the last decade or so that myself such time as I may consume. gentleman from New Jersey [Mr. have shown us that while there are (Mr. SAXTON asked and was given SAXTON] pointed out, since the Com- problems related to the oceans, and permission to revise and extend his re- mission on Marine Science, Engineer- while we continue to need to make marks.) ing, and Resources, commonly known progress along that line, we have also Mr. SAXTON. Today we are consider- as the Stratton Commission, took a made significant progress in the last 10 ing House Concurrent Resolution 131, comprehensive look at the U.S. ocean years. Mr. Speaker, expressing the sense of policy. A large group of Members of One decade ago, in the summer of Congress on the importance of the Congress have recently urged the 1987 on the Atlantic coast, we had a ocean, the gentleman from Hawaii [Mr. President to hold a White House con- horrific summer. We had dolphins ABERCROMBIE] and I, for two purposes. ference on the ocean, and there will be washing up on our shores, we had algae First, it will publicize the importance an international exhibit on the oceans blooms all up and down the East coast, of the oceans to the economy, environ- in Lisbon, Portugal, beginning next and in my home State of New Jersey mental quality, and national security spring. and on Long Island there was medical of the United States. Without a doubt, the world is becom- waste that washed up on our beaches. The ocean is critical to our Nation. ing focused on the oceans and 1998 is It was enough to lead anyone who Ninety-eight percent of the U.S. for- the year. It is time for all the world’s would vacation in the Northeast at the eign trade travels by ship. Half of seafaring nations to reexamine their shore or to eat products derived from Americans live within 50 miles of the ocean policies. The once boundless re- the sea to take their vacations else- coastline. However, many U.S. ocean sources of the oceans have proven to be where, or to buy their food from some programs have received flat or decreas- finite when pitted against our incred- other source. It was an easy conclusion ing funding over the last decade. We ible technology. Many of our great for the public to make. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8065 Since 1987 and 1988, we have cooper- appeared is that they were just over- stewardship of the oceans and their living ma- ated with the States, we have put Fed- fished. It shut down an entire industry, rine resources. eral programs in place to help with the entire community. It was before we I urge my colleagues to support House Con- ocean environment, we have passed the knew about disaster relief. current Resolution 131. Medical Waste Tracking Act, for exam- I think what we are seeing with the Mr. BOEHLERT. Mr. Speaker, I rise in supple, we passed the sludge dumping pro- impact of the pfiesteria infection on port of House Concurrent Resolution 131, ex- hibition that passed in 1988 or 1989, and the Maryland shores is that we have pressing the sense of Congress regarding the generally speaking, the ecological got to have a much better awareness of ocean and recognizing 1998 as the interstate of our oceans has improved what is happening to animals, to fish, national year of the ocean. manyfold since those very difficult and to marine life, because we are real- Congress, this Nation, and countries times in the Northeast. ly dependent on it. We may not be to- throughout the world need to foster a greater Mr. Speaker, as we move forward, we tally dependent on it for food stocks, understanding and appreciation of our oceans. continue to have problems. We con- but we are dependent on it for eco- This resolution is one small but important step tinue to have problems with the regu- nomic survival in our communities, for toward that end. latory process through which we try to recreation, for tourism, for res- Ocean waters cover nearly 75 percent of regulate fish and mammals that live in taurants, and, essentially, if the ocean the Earth's surface. They comprise such a the ocean. I spoke of one the other day is not healthy, then our communities dominant part of our national, social, and cul- with the gentleman from California cannot be healthy. tural environment that it would be foolish to try to even begin listing all the benefits and func- [Mr. FARR]. We have a Federal agency So this attention that the gentle- tions they provide. that regulates the fishing industry. It man’s resolution and other bills that Unfortunately, they are also fragileÐat least is known as the National Marine Fish- he is working on and I am working more fragile in many respects than we would with him on, I think, is going to go a eries Service. like to admit. Pollution, invasive species, en- Perhaps it has some goals that need long way in bringing America to the croaching populations, and other stressors can forefront of being a pioneer, a new pio- to be changed, because really, every take their toll. time I go home and talk to someone neer in the oceans, as we have been in Concerted efforts are needed. The world's who lives by the sea, I hear another the last decade. I thank the gentleman nations, including ours, should work more story about how we need to do a better for his efforts. closely together to respect and conserve our job in making sure that the ocean envi- I encourage all my colleagues to take global marine resources. ronment is conducive to making a good this issue seriously, because it is about I commend Representative SAXTON for his home for fish and mammals and other our future. It is about our weather. It efforts and the Resources Committee in gen- animal life that live there. is about our knowledge of weather, our eral for its role in moving this resolution for- knowledge of oceans, and essentially b 1245 ward. the quality of life on the planet Earth. I should also add that the Transportation This is indeed an important subject. Mr. SAXTON. I thank the gentleman and Infrastructure Committee did not seek a The amount of people who live near the for his comments. referral of House Concurrent Resolution 131 ocean is immense. The amount of the Mr. YOUNG of Alaska. Mr. Speaker, House but has various jurisdictional interests in it and world’s surface that is covered by Concurrent Resolution 131 is a resolution that in other efforts relating to oceans. The Coast oceans is huge, and it is in all of our recognizes the importance of our oceans and Guard and Maritime Transportation Sub- best interests to take these subjects the fact that 1998 has been internationally de- committee, chaired by Representative WAYNE extremely seriously. And so I hope that clared the ``Year of the Ocean.'' GILCHREST, and the Water Resources and En- today will not be just a pro forma vote, As the Congressman for all Alaska, I am vironment Subcommittee, which I chair, are passing another resolution. keenly aware of how vital the oceans are to particularly interested in various environmental The United Nations has recognized my constituents. With the largest coastline in and transportation-related aspects of the how important this is on a global basis the Nation of 6,640 miles, Alaskan waters con- oceans. We look forward to working on addi- and has designated 1998 as the Year of tain some of the richest and most valuable tional initiatives and legislative provisions that the Oceans, internationally. It is in all fishing grounds in the world. Many Alaskan are consistent with the spirit of this resolution of our best interests to support this bill towns are connected to the rest of the State and protect and promote various aspects of and to carry this message out across only by watercraft, and many Alaskan Natives the world's oceans. the country and, in fact, around the depend on fish and marine mammals for their I urge my colleagues to support House Con- world as to just how important these subsistence. current Resolution 131. matters are. I strongly support efforts to focus attention Mr. PORTER. Mr. Speaker, I rise in strong Mr. FARR of California. Mr. Speaker, on these bodies of water, which comprise support of this resolution. Next year is the will the gentleman yield? nearly three-quarters of the Earth's surface. International Year of the Oceans as des- Mr. SAXTON. I yield to the gen- While remarkably we know little about many of ignated by the United Nations. This designa- tleman from California. the ocean's resources, in the future we are tion hopes to draw attention to the need for Mr. FARR of California. Mr. Speaker, likely to grow increasingly dependent on the conservation of the limited resources that our I want to commend the gentleman, be- energy, food, and mineral resources that exist oceans provide. For years, humans have con- cause this is just one of many steps there. sidered ocean resources as inexhaustible. As that he is going to take in his commit- During the past 3 years, the Subcommittee evidenced by the depletion and extinction of tee to try to strengthen the awareness on Fisheries Conservation, Wildlife and many fish species, the destruction of coral and the law as it regards the oceans. Oceans has conducted valuable hearings on reefs and the pollution of waters around the We spend a lot of time on this floor the importance of our fishery resources, the globe, these resources are finite. We cannot debating how we are going to help dis- ocean disposal of radioactive materials, the continue to harvest the ocean without replen- aster stressed communities. We usually impact of offshore mineral production, and the ishing what we take. I am very pleased that look at natural disasters and base clo- need to update nautical charts. In fact, we the U.S. House of Representatives is rec- sures as sort of the two major reasons have been successful in convincing the appro- ognizing the importance of the oceans and the that we need economic relief. priators that accurate charts are essential to need for the world to stop taking what they I happen to represent the city of the maritime community and that adequate provide for granted. The oceans are an inte- Monterrey, CA, which at one time was funding is necessary. gral part of our lives whether we rely on them the largest sardine port in the world, The United States has always been a fish- for food, transport or recreation. If we do not certainly well known by the writings of ing nation, and these resources have provided properly maintain our oceans, they will not John Steinbeck in ‘‘Cannery Row.’’ protein to millions of Americans. It is crucial continue to sustain us. Sardines disappeared. They are coming that our world's fisheries be properly managed Mr. FARR of California. Mr. Speaker, back in small numbers now. But they and that effective conservation measures be I have no further requests for time, and are mostly a bycatch rather than the enforced. By focusing attention on this issue, I yield back the balance of my time. main catch. But that was in the late House Concurrent Resolution 131 serves an GENERAL LEAVE 1940’s and early 1950’s. Everybody has important purpose. I compliment the authors Mr. SAXTON. Mr. Speaker, I ask agreed that the reason they dis- for highlighting the need to promote sound unanimous consent that all Members H8066 CONGRESSIONAL RECORD — HOUSE September 29, 1997 may have 5 legislative days to revise ing or dead specimens, parts, or derivatives, (B) provide for the meritbased peer review and extend their remarks and to in- or any product containing specimens, parts, of the proposal and require standardized doc- clude extraneous material on the con- or derivatives, of any species referred to in umentation of that peer review; current resolution under consideration. paragraph (1). (C) after reviewing any written comments (5) CONSERVATION.—The term ‘‘conserva- and recommendations based on merit review, The SPEAKER pro tempore (Mr. tion’’ means the use of methods and proce- approve or disapprove the proposal; and UPTON). Is there objection to the re- dures necessary to preserve or sustain corals (D) provide written notification of that ap- quest of the gentleman from New Jer- and species associated with coral reefs as di- proval or disapproval to the person who sub- sey? verse, viable, and self-perpetuating coral reef mitted the proposal, and each of those There was no objection. ecosystems, including all activities associ- States, territories, and other government ju- The SPEAKER pro tempore. The ated with resource management, such as risdictions. question is on the motion offered by conservation, protection, restoration, and (d) CRITERIA FOR APPROVAL.—The Sec- the gentleman from New Jersey [Mr. management of habitat; habitat monitoring; retary may approve a final project proposal assistance in the development of manage- under this section if the project will enhance SAXTON] that the House suspend the ment strategies for marine protected areas programs for conservation of coral reefs by rules and agree to the concurrent reso- and marine resources consistent with the assisting efforts to— lution, House Concurrent Resolution National Marine Sanctuaries Act (16 U.S.C. (1) implement conservation programs; 131, as amended. 1431 et seq.) and the Magnuson-Stevens Fish- (2) address the conflicts arising from the The question was taken. ery Conservation and Management Act (16 use of environments near coral reefs or from Mr. CONDIT. Mr. Speaker, I object to U.S.C. 1801 et seq.); law enforcement through the use of corals, species associated with the vote on the ground that a quorum community participation; conflict resolution coral reefs, and coral products; is not present and make the point of initiatives; and community outreach and (3) enhance compliance with laws that pro- order that a quorum is not present. education. hibit or regulate the taking of corals, species (6) FUND.—The term ‘‘Fund’’ means the The SPEAKER pro tempore. Pursu- associated with coral reefs, and coral prod- Coral Reef Conservation Fund established ucts or regulate the use and management of ant to clause 5 of rule I and the Chair’s under section 5(a). coral reef ecosystems; prior announcement, further proceed- (7) SECRETARY.—The term ‘‘Secretary’’ (4) develop sound scientific information on ings on this motion will be postponed. means the Secretary of Commerce. the condition of coral reef ecosystems or the The point of no quorum is considered SEC. 4. CORAL REEF CONSERVATION ASSIST- threats to such ecosystems; or withdrawn. ANCE. (5) promote cooperative projects on coral f (a) IN GENERAL.—The Secretary, subject to reef conservation that involve foreign gov- the availability of funds, shall use amounts ernments, affected local communities, non- CORAL REEF CONSERVATION ACT in the Fund to provide grants of financial as- governmental organizations, or others in the OF 1997 sistance for projects for the conservation of private sector. coral reefs for which final project proposals (e) PROJECT SUSTAINABILITY.—In determin- Mr. SAXTON. Mr. Speaker, I move to are approved by the Secretary in accordance ing whether to approve project proposals suspend the rules and pass the bill with this section. under this section, the Secretary shall give (H.R. 2233) to assist in the conservation (b) PROJECT PROPOSAL.—Any relevant nat- priority to projects which promote sustain- of coral reefs, as amended. ural resource management authority of a able development and ensure effective, long- The Clerk read as follows: State or territory of the United States or term conservation of coral reefs. H.R. 2233 other government jurisdiction with coral (f) PROJECT REPORTING.—Each grantee reefs whose activities directly or indirectly Be it enacted by the Senate and House of under this section shall provide periodic re- affect coral reefs, or any nongovernmental Representatives of the United States of America ports, as the Secretary considers necessary, organization or individual with dem- in Congress assembled, to the Secretary. Each report shall include onstrated expertise in the conservation of all information required by the Secretary for SECTION 1. SHORT TITLE. coral reefs, may submit to the Secretary a evaluating the progress and success of the This Act may be cited as the ‘‘Coral Reef project proposal under this section. Each project. Conservation Act of 1997’’. proposal shall include the following: (g) MATCHING FUNDS.—The Secretary may SEC. 2. PURPOSES. (1) The name of the individual responsible not approve a project under this section un- The purposes of this Act are the following: for conducting the project. less the Secretary determines that there are (1) To preserve, sustain, and restore the (2) A succinct statement of the purposes of non-Federal matching funds available to pay health of coral reef ecosystems. the project. at least 50 percent of the total cost of the (2) To assist in the conservation and pro- (3) A description of the qualifications of project. tection of coral reefs by supporting conserva- the individuals who will conduct the project. SEC. 5. CORAL REEF CONSERVATION FUND. tion programs. (4) An estimate of the funds and time re- (a) ESTABLISHMENT.—There is established (3) To provide financial resources for those quired to complete the project. in the general fund of the Treasury a sepa- programs. (5) Evidence of support of the project by rate account, to be known as the ‘‘Coral Reef (4) To establish a formal mechanism for appropriate representatives of States or ter- Conservation Fund’’, which shall consist of collecting and allocating monetary dona- ritories of the United States or other govern- amounts deposited into the Fund by the Sec- tions from the private sector to be used for ment jurisdictions in which the project will retary of the Treasury under subsection (b). coral reef conservation projects. be conducted, if the Secretary determines (b) DEPOSITS INTO THE FUND.—The Sec- SEC. 3. DEFINITIONS. that the support is required for the success retary of the Treasury shall deposit into the In this Act: of the project. Fund— (1) CORAL.—The term ‘‘coral’’ means spe- (6) Information regarding the source and (1) all amounts received by the Secretary cies of the phylum Cnidaria, including— amount of matching funding available to the in the form of monetary donations under (A) all species of the orders Antipatharia applicant. (black corals), Scleractinia (stony corals), (7) Any other information the Secretary subsection (d); and Gorgonacea (horny corals), Stolonifera considers to be necessary for evaluating the (2) other amounts appropriated to the (organpipe corals and others), and eligibility of the project for funding under Fund. SE.— Coenothecalia (blue coral), of the class this Act. (c) U (1) IN GENERAL.—Subject to paragraph (2), Anthozoa; and (c) PROJECT REVIEW AND APPROVAL.— the Secretary may use amounts in the Fund (B) all species of the order Hydrocorallina (1) IN GENERAL.—The Secretary shall re- (fire corals and hydrocorals), of the class view each final project proposal to determine without further appropriation to provide as- Hydrozoa. if it meets the criteria set forth in sub- sistance under section 4. (2) ADMINISTRATION.—Of amounts in the (2) CORAL REEF.—The term ‘‘coral reef’’ section (d). means any reef or shoal composed primarily (2) CONSULTATION: APPROVAL OR DIS- Fund available for each fiscal year, the Sec- of the skeletal material of species of the APPROVAL.—Not later than 6 months after re- retary may use not more than 3 percent to order Scleractinia (class Anthozoa). ceiving a final project proposal, and subject administer the Fund. CCEPTANCE AND SE OF ONETARY O (3) CORAL REEF ECOSYSTEM.—The term to the availability of funds, the Secretary (d) A U M D - ‘‘coral reef ecosystem’’ means the complex of shall— NATIONS.—The Secretary may accept and use species associated with coral reefs and their (A) request written comments on the pro- monetary donations to provide assistance environment that— posal from each State or territory of the under section 4. Amounts received by the (A) functions as an ecological unit in na- United States or other government jurisdic- Secretary in the form of donations shall be ture; and tion, including the relevant regional fishery transferred to the Secretary of the Treasury (B) is necessary for that function to con- management councils established under the for deposit into the Fund. tinue. Magnuson-Stevens Fishery Conservation and SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (4) CORALS AND CORAL PRODUCTS.—The term Management Act (16 U.S.C. 1801 et seq.), There are authorized to be appropriated to ‘‘corals and coral products’’ means any liv- within which the project is to be conducted; the Fund $1,000,000 for each of fiscal years September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8067 1998, 1999, 2000, 2001, and 2002 to carry out this for research and conservation projects Furthermore, coral reefs are particularly im- Act, which may remain available until ex- at coral reef ecosystems. The health of portant in generating tourism, and they contain pended. these ecosystems is in decline globally some of the world's most productive marine The SPEAKER pro tempore. Pursu- due to a wide range of threats, includ- habitats. These reefs make a real contribution ant to the rule, the gentleman from ing nonsource pollution, destructive to the economies where they are located. New Jersey [Mr. SAXTON] and the gen- fishing practices, unwise coastal devel- This bill is a positive effort to protect our Na- tleman from California [Mr. FARR], opment, and global climate change. If tion's coral reefs, and I am confident that the each will control 20 minutes. we do not act decisively and soon, Department of Commerce will effectively man- The Chair recognizes the gentleman there will be no reefs left to save in age the Coral Reef Conservation Fund. from New Jersey [Mr. SAXTON]. just a few years. Mr. SAXTON. Mr. Speaker, I have no (Mr. SAXTON asked and was given Why is it important to save it? The further requests for time, and I yield permission to revise and extend his re- reefs essentially are the rain forests of back the balance of my time. marks.) the ocean. That is where most of the The SPEAKER pro tempore. The Mr. SAXTON. Mr. Speaker, I yield biological life live. If we lose these question is on the motion offered by myself such time as I may consume. reefs, we lose much more than just the gentleman from New Jersey [Mr. Mr. Speaker, we are now considering their picturesque beauty, we lose a SAXTON] that the House suspend the H.R. 2233, the Coral Reef Conservation world class storehouse of marine bio- rules and pass the bill, H.R. 2233, as Act of 1997. The gentleman from Hawaii [Mr. diversity and a renewable economic re- amended. source that is vital to coastal and insu- ABERCROMBIE] and I and the gentleman The question was taken. lar nations. from California [Mr. FARR] introduced Mr. CONDIT. Mr. Speaker, I object to H.R. 2233 is a good first step in ad- this bill to promote conservation of the vote on the ground that a quorum dressing these problems. The amend- coral reef ecosystems. is not present and make the point of The Committee on Resources Sub- ment before the House requires a order that a quorum is not present. committee on Fisheries Conservation, match for every Federal dollar so that The SPEAKER pro tempore. Pursu- Wildlife, and Oceans, which I chair, had research funds can even go further ant to clause 5 of rule I and the Chair’s two coral-reef-related hearings this than originally drafted. I support the prior announcement, further proceed- year, and it is very clear that coral amendment. I urge all my colleagues ings on this motion will be postponed. reefs are an important natural resource on this side of the aisle to do so as The point of no quorum is considered for coastal nations worldwide and well. withdrawn. many U.S. States and territories. Reefs Mr. Speaker, I yield back the balance f generate significant tourism, provide of my time. Mr. SAXTON. Mr. Speaker, I yield GENERAL LEAVE habitat for many commercial fisheries, myself such time as I may consume. and protect coastlines from storm dam- Mr. SAXTON. Mr. Speaker, I ask I would just conclude by saying that age. unanimous consent that all Members Unfortunately, coral reefs worldwide the gentleman from California [Mr. have 5 legislative days to revise and ex- ARR] and I made note of some suc- are also in great danger from both nat- F tend their remarks and include extra- cesses that we have had over the last ural and human-induced causes. In the neous material on H.R. 2233, the bill decade in terms of protecting the ocean U.S. waters near Florida, six new coral just passed. habitat. reef diseases have been identified in The SPEAKER pro tempore. Is there While this is one of the great failures the last 5 years, and they are spreading objection to the request of the gen- of humankind in the way we have rapidly. In the Philippines, an astound- tleman from New Jersey? taken the coral reef systems for granting 70 percent of native reef environ- There was no objection. ed and the practices that we have con- ments have been obliterated by de- f tinued to perpetuate that have caused structive fishing practices such as, be- great damage to the coral reef systems, CANADIAN RIVER RECLAMATION lieve it or not, dynamiting and cyanide which, as Mr. FARR eloquently pointed PROJECT fishing. This bill establishes a coral reef con- out, are immensely important to the Mr. THORNBERRY. Mr. Speaker, I servation fund which is modeled after ocean ecosystems and the interdepend- move to suspend the rules and pass the existing programs such as the very suc- ence of life in the oceans, when we held bill (H.R. 2007) to amend the Act that cessful African elephant conservation our hearings and it was brought to authorized the Canadian River rec- program. This fund will contain both light publicly that two of the ways, lamation project, Texas, to direct the appropriated moneys and donations. two of the techniques of fishing are Secretary of the Interior to allow use Grants from the fund will support con- through the use of dynamite and cya- of the project distribution system to servation projects which benefit coral nide, I looked at those issues with transport water from sources other reefs worldwide. some disbelief. But we should not look that the project, as amended. The bill authorizes $1 million to be at those issues with disbelief because The Clerk read as follows: appropriated into the fund annually for they are, in fact, practices that are H.R. 2007 used which do cause great damage not the next 5 years and requires that all Be it enacted by the Senate and House of Rep- grants be matched by other funds on a only to the coral reef system but, obvi- resentatives of the United States of America in one-to-one basis. ously, to other life in the oceans as Congress assembled, Mr. Speaker, this type of conserva- well. SECTION 1. USE OF DISTRIBUTION SYSTEM OF tion approach has been very successful While we have had some successes CANADIAN RIVER RECLAMATION over the last 10 years, it is pretty obvi- PROJECT, TEXAS, TO TRANSPORT for African elephants and other threat- NONPROJECT WATER. ened species. I believe that this bill can ous that our work is not completed. Passage of this bill is perhaps a good The Act of December 29, 1950 (chapter 1183; make a difference in reducing damage 43 U.S.C. 600b, 600c), authorizing construc- to coral reefs worldwide. I urge my col- first step in addressing the problems tion, operation, and maintenance of the Ca- leagues on both sides of the aisle to that are still to be addressed. nadian River reclamation project, Texas, is support the bill. Mr. YOUNG of Alaska. Mr. Speaker, I rise amended by adding at the end the following Mr. Speaker, I reserve the balance of in support of H.R. 2233, the Coral Reef Con- new section: my time. servation Act, a bill introduced by our col- ‘‘SEC. 4. (a) The Secretary of the Interior (Mr. FARR of California asked and leagues JIM SAXTON and NEIL ABERCROMBIE. shall allow use of the project distribution was given permission to revise and ex- While there may be only a few scattered system (including all pipelines, aqueducts, corals in Alaska, coral reefs represent a new pumping plants, and related facilities) for tend his remarks.) transport of water from the Canadian River Mr. FARR of California. Mr. Speaker, frontier source for medicines and lifesaving Conjunctive Use Groundwater Project to mu- I yield myself such time as I may products. In addition, they provide natural pro- nicipalities that are receiving water from consume. tection for coastlines from high waves, storm the project. Such use shall be subject only to I rise in support of H.R. 2233. This bill surges, coastal erosion, and accompanying such environmental review as is required will help provide much needed funding threats to human life and property. under the Memorandum of Understanding, H8068 CONGRESSIONAL RECORD — HOUSE September 29, 1997 No. 97–AG–60–09340, between the Bureau of ing Lubbock and Amarillo. I urge my As a matter of fact, there have been Reclamation and the Canadian River Munici- colleagues to support this bill. 88 changes to the project over time, pal Water Authority, and a review and ap- Mr. Speaker, I reserve the balance of none of which have caused any sort of proval of the engineering design of the inter- my time. question to arise from the Bureau of connection facilities to assure the continued integrity of the project. Such environmental (Mr. FARR of California asked and Reclamation as for the authority to tie review shall be completed within 90 days was given permission to revise and ex- in privately financed changes into the after the date of enactment of this section. tend his remarks.) existing project. And this project itself ‘‘(b) The Canadian River Municipal Water Mr. FARR of California. Mr. Speaker, has been on the drawing books for at Authority shall bear the responsibility for I yield myself such time as I may least 5 years. The Bureau knew about all costs of construction, operation, and consume, and I rise in opposition to it every step of the way, and yet not maintenance of the Canadian River Conjunc- H.R. 2007. until February of this year did they tive Use Groundwater Project, and for costs Mr. Speaker, this bill amends the au- raise any questions about it. incurred by the Secretary in conducting the I will make part of the RECORD some environmental review of the project. The thorization for the Canadian River Secretary shall not assess any additional project in Texas. I think while the of the letters that the Municipal Water charges in connection with the Canadian project underlying this bill represents Authority has received from the Bu- River Conjunctive Use Groundwater a worthwhile effort to improve water reau questioning whether the Bureau Project.’’. quality for several communities in the has even the authority to allow this The SPEAKER pro tempore. Pursu- High Plains of Texas, the bill itself is project to go forward. ant to the rule, the gentleman from entirely unnecessary. As a matter of fact, I will quote brief- Texas [Mr. THORNBERRY] and the gen- The bill would grant the local water ly from a February 21, 1997, letter tleman from California [Mr. FARR], authority the right to use excess ca- signed by Mrs. Elizabeth Cordova-Har- each will control 20 minutes. pacity of the Bureau of Reclamation rison, area manager, that says: The Chair recognizes the gentleman facilities to manage non-Federal The implementation of the current proposal to convey groundwater via the pipeline from Texas [Mr. THORNBERRY]. ground water through the Canadian (Mr. THORNBERRY asked and was River Authority’s conjunctive use project would require new or amendatory legislative authority. given permission to revise and extend ground-water project. That project Of course, then they study it a little his remarks and to include extraneous would make necessary improvements bit more; and on April 1997 they write material.) to the urban water quality. However, back, I will put the full letter in the Mr. THORNBERRY. Mr. Speaker, I the project is already going forward RECORD, but basically they believe, yield myself such time as I may under existing authorization for the well, maybe we find that we do have consume. Canadian River project. I rise in support of H.R. 2007. This bill The Bureau of Reclamation has en- the authority after all. The point of that is that there is at directs the Secretary of the Interior to tered memorandums of understanding least some question, at least with some allow the use of the Bureau of Rec- with the Canadian River Authority and people in the Bureau, about whether lamation facilities in Texas for the has begun environmental review of the there is the legislative authority to transport of water from the proposed project. The Bureau can incorporate allow this privately financed, inde- Canadian River conjunctive use the ground-water conjunctive use pendently-obtained groundwater sup- ground-water project to municipalities project within the existing project’s ply and mix it with the current sup- receiving water from the existing rec- authority. There is simply no need for plies. lamation project. this bill. It is not only unnecessary but This additional water is needed be- H.R. 2007 has been amended. It re- the big problem is, it would constrain quires an environmental review. That cause the yield of the Reclamation’s the Bureau of Reclamation’s review of Canadian River project is less than environmental review is going to be the ground-water project under the Na- paid for by the water district itself, not originally anticipated and because of tional Environmental Policy Act. ongoing water quality problems associ- by the Federal Government. We have The administration has expressed bent over backward to make sure that ated with the Federal project. continuing concerns regarding the The Canadian River Municipal Water all of the provisions of this measure bill’s potential to override NEPA. Yet are consistent with the intent of this Authority has a proposal to construct the bill proponents have been unwilling this ground-water project in order to Congress, but also that there are not to remove the NEPA language from the unnecessary bureaucratic delays be- supplement project water supplies with bill. better quality ground water. The pro- cause of some confusion as far as the I want to thank the chairman of the legislative authority by the Bureau of posed ground-water project will not re- subcommittee, the gentleman from quire Federal funding. It would be Reclamation. California [Mr. DOOLITTLE], for the That is why this legislation exists. interconnected with the existing Cana- work his staff has put into improving We have worked in a bipartisan way dian River project facilities in order the language of this bill. The bill now with Members on the other side of the for the ground water to be mixed with provides the Bureau of Reclamation to aisle to come up with this language, project water and distributed through- approve the engineering designs in and I believe it makes a lot of sense. out the existing conveyance system. order to avoid potential problems with Mr. Speaker, I reserve the balance of This legislation is needed because the system. It also includes language my time. questions have been raised about the to ensure the local water district that Mr. FARR of California. Mr. Speaker, authority of the Bureau of Reclama- it pay for the expenses associated with I yield myself such time as I may tion to allow the interconnection of the project. However, as long as the consume. the non-Federal ground-water project override of the NEPA policy act is in Mr. Speaker, let me point out to my with the Federal Canadian River the bill, I must oppose the legislation colleagues what the problem is, as ex- project facilities. This bill will also en- as unnecessary and inappropriate. pressed in a letter from the Secretary sure that the environmental review of b 1300 of Interior, the Assistant for Water and the interconnection facilities is com- Science, Patricia Beneke. In that let- pleted in a timely manner. Mr. FARR of California. Mr. Speaker, ter to the chairman of the committee, H.R. 2007 further stipulates that all I reserve the balance of my time. the gentleman from California [Mr. of the costs for construction, oper- Mr. THORNBERRY. Mr. Speaker, I DOOLITTLE], she points out that ation, and maintenance of the ground- yield myself such time as I may The intent of referencing the MOU seems water project are the responsibility of consume. to be to limit the scope of required environ- the Canadian River Municipal Water Mr. Speaker, I think it is helpful for mental review, because the MOU itself is ex- Authority. This bill goes a long way to someone who has been involved in this pressly limited to preparation and finaliza- resolving at no cost to the Federal project from the beginning to give a tion of an environmental assessment. Government the water quality and brief review of some of the difficulties And she goes on to say, water supply issues facing 11 cities in that has made this legislation nec- While the MOU itself does not preclude a the High Plains area of Texas, includ- essary. full environmental impact statement, as September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8069 well as full compliance with other environ- U.S. DEPARTMENT OF THE INTERIOR, The SPEAKER pro tempore. Is there mental laws, its reference in the legislation, BUREAU OF RECLAMATION, GREAT objection to the request of the gen- its incorporation in the legislation, could be PLAINS REGION, OKLAHOMA-TEXAS tleman from Texas [Mr. THORNBERRY]? construed as a limitation on the scope of the AREA OFFICE, There was no objection. environmental review. This part of the bill Oklahoma City, OK, February 21, 1997. f thus arguably legislatively prejudges that Mr. JOHN WILLIAMS, P.E., the project will pose no significant impacts General Manager, Canadian River Municipal MICCOSUKEE SETTLEMENT ACT and that an environmental assessment ful- Water Authority, Sanford, TX. OF 1997 fills our NEPA requirement. Subject: Use of Project Facilities for Con- Similarly, veyance of Non-Project Water, Canadian Mr. THORNBERRY. Mr. Speaker, I in another part of the bill, River Project, Texas. move to suspend the rules and pass the the bill would mandate that any environ- DEAR MR. WILLIAMS: This follow up letter bill (H.R. 1476) to settle certain mental review be completed within 90 days is in reference to our meeting at your office Miccosukee Indian land takings claims after the date of enactment. This too preju- on January 22, 1997, during which we dis- within the State of Florida. dices the project that the project will not re- cussed various matters concerning the Cana- The Clerk read as follows: dian River Project. Among the issues cov- quire a full environmental impact state- H.R. 1476 ered were the transfer of title to project aq- ment. Moreover, a portion of the work is Be it enacted by the Senate and House of Rep- being conducted by the Authority’s contrac- ueduct facilities, project financial concerns, and the augmentation of existing project resentatives of the United States of America in tor, and Reclamation has no control over the Congress assembled, quality or timing of the contractor’s project. water supplies with groundwater from wells SECTION 1. SHORT TITLE. So there are, essentially, two con- located in Hutchinson County, Texas. The need for compliance with provisions of the This Act may be cited as the ‘‘Miccosukee cerns that the administration is rais- National Environmental Policy Act (NEPA) Settlement Act of 1997’’. ing about this bill which I bring to the and other applicable statutes for title trans- SEC. 2. CONGRESSIONAL FINDINGS. House, which seems to me could be ad- fer and modification of a Federal project was Congress finds and declares that— dressed by appropriate amendments. also addressed. (1) there is pending before the United Those amendments have not come We have reviewed existing laws relating to States District Court for the Southern Dis- forth, and so at this point we object to the use of Reclamation projects for storing trict of Florida a lawsuit by the Miccosukee Tribe which involves the taking of certain the legislation. or conveying non-project water (water from outside the originally authorized project). tribal lands in connection with the construc- Mr. Speaker, I reserve the balance of tion of highway interstate 75 by the Florida my time. Based on this preliminary evaluation, it appears that the authority for allowing such Department of Transportation; Mr. THORNBERRY. Mr. Speaker, I (2) the pendency of this lawsuit clouds title have no further requests for time at use of project facilities is limited solely to water for irrigation purposes. Presently, we of certain lands used in the maintenance and this point, and I continue to reserve are without adequate authority to allow the operation of the highway and hinders proper the balance of my time until the time use of Canadian River Project facilities for planning for future maintenance and oper- on the other side is yielded back. the storage or conveyance of non-project ations; (3) the Florida Department of Transpor- Mr. FARR of California. Mr. Speaker, water for municipal and industrial purposes. tation, with the concurrence of the board of I yield back the balance of my time. Accordingly, the implementation of the cur- trustees of the Internal Improvements Trust rent proposal to convey groundwater via the Mr. THORNBERRY. Mr. Speaker, I Fund of the State of Florida, and the project pipeline would require new or amend- include the following two letters for Miccosukee Tribe have executed an agree- atory legislative authority. the RECORD: ment for the purpose of resolving the dispute If you have any questions, or need any ad- U.S. DEPARTMENT OF THE INTERIOR, and settling the lawsuit, which agreement ditional information, please contact me or BUREAU OF RECLAMATION, GREAT requires consent of the Congress in connec- Mike Martin at (512) 916–5641. PLAINS REGION, AUSTIN RECLAMA- tion with contemplated land transfers; Sincerely, TION OFFICE, (4) the settlement agreement is in the in- ELIZABETH CORDOVA-HARRISON, Austin, TX, April 10, 1997. terests of the Miccosukee Tribe in that the Area Manager. Mr. JOHN WILLIAMS, P.E. tribe will receive certain monetary pay- General Manager, Canadian River Municipal Mr. Speaker, the final comment I ments, new reservation land to be held in Water Authority, Sanford, TX. would make is that there has been no trust by the United States, and other bene- Subject: Use of Project Conveyance Facili- suggestion by any party, anyone asso- fits; ties—Canadian River Project, Texas. ciated, that there is any environmental (5) land received by the United States pursuant to the settlement agreement is in con- DEAR MR. WILLIAMS: This is in reference to problem or potential problem associ- our letter dated February 21, 1997, concern- sideration of Miccosukee Indian Reservation ing the augmentation of existing Canadian ated here; and that is one of the rea- land lost by the Miccosukee Tribe by virtue River Project (Project) water supplies with sons that I think the negotiations are of transfer to the Florida Department of groundwater from wells located east of the currently going at a rapid pace. Transportation under the settlement agree- Project. As explained in the letter, our pre- Mr. Speaker, I yield back the balance ment, and such United States land therefore liminary evaluation indicated the lack of of my time. shall be held in trust by the United States general authority to allow the use of rec- The SPEAKER pro tempore. The for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation land lamation project facilities for storing or con- question is on the motion offered by veying non-project water, and that such use in compensation for the consideration given of project facilities would require new or the gentleman from Texas [Mr. by the tribe in the settlement agreement; amendatory legislation. THORNBERRY] that the House suspend and A more comprehensive review of Reclama- the rules and pass the bill, H.R. 2007, as (6) Congress shares with the parties to the tion laws has revealed existing statutes amended. settlement agreement a desire to resolve the which provide sufficient authority to allow The question was taken. dispute and settle the lawsuit. the incorporation of the proposed ground Mr. CONDIT. Mr. Speaker, I object to SEC. 3. DEFINITIONS. water project’s facilities and water into the the vote on the ground that a quorum For the purposes of this Act— Canadian River Project. This can be accom- (1) the terms ‘‘Miccosukee Tribe’’ and plished administratively without further legis not present and make the point of ‘‘tribe’’ mean the Miccosukee Tribe of Indi- islative action, but would require review, ap- order that a quorum is not present. ans of Florida, a tribe of American Indians proval and compliance under existing proc- The SPEAKER pro tempore. Pursu- recognized by the United States and orga- esses and regulatory laws, including the Na- ant to clause 5 of rule I, and the Chair’s nized under section 16 of the Act of June 18, tional Environmental Policy Act. prior announcement, further proceed- 1934 (48 Stat. 987; 25 U.S.C. 476), and recog- If you would like to pursue the option out- ings on this motion will be postponed. nized by the State of Florida pursuant to lined above, we recommend that a meeting chapter 285, Florida Statutes; be scheduled to discuss the administrative The point of no quorum is considered (2) the term ‘‘Miccosukee land’’ means land process required for incorporating the withdrawn. held in trust by the United States for the use ground water project into existing facilities. GENERAL LEAVE and benefit of the Miccosukee Tribe as If you have any questions, or need any ad- Mr. THORNBERRY. Mr. Speaker, I Miccosukee Indian Reservation land which is ditional information, please contact me or ask unanimous consent that all Mem- identified pursuant to the settlement agree- Mike Martin of this office at telephone No. ment for transfer to the Florida Department (512) 916–5641. bers have 5 legislative days to revise of Transportation; Sincerely, and extend their remarks and include (3) the term ‘‘Florida Department of Trans- ELIZABETH CORDOVA-HARRISON, extraneous material on H.R. 2007, the portation’’ means the executive branch de- Area Manager. bill just considered. partment and agency of the State of Florida H8070 CONGRESSIONAL RECORD — HOUSE September 29, 1997 responsible for, among other matters, the ceive and accept in trust for the use and ben- [Mr. DIAZ-BALART]. I also note that the construction and maintenance of surface ve- efit of the Miccosukee Tribe ownership of all Committee on Resources held a hear- hicle roads, existing pursuant to section land identified in the settlement agreement ing, and just prior to full committee 20.23, Florida Statutes, with authority to for transfer to the United States, constitut- markup the Department sent over sev- execute the settlement agreement pursuant ing thereby Indian Reservation lands of the eral technical changes that have not to section 334.044, Florida Statutes; Miccosukee Tribe. (4) the term ‘‘board of trustees of the Inter- yet been incorporated into the bill. The SPEAKER pro tempore. Pursu- These are not critical changes, but it is nal Improvements Trust Fund’’ means the ant to the rule, the gentleman from agency of the State of Florida holding legal my hope that the Senate will give title to and responsible for trust administra- Texas [Mr. THORNBERRY] and the gen- them fair consideration as it takes up tion of certain lands of the State of Florida, tleman from California [Mr. FARR] the bill. consisting of the Florida Governor, Attorney each will control 20 minutes. Mr. DIAZ±BALART. Mr. Speaker, H.R. General, Commissioner of Agriculture, Com- The Chair recognizes the gentleman 1476, The Miccosukee Settlement Act of missioner of Education, Controller, Sec- from Texas [Mr. THORNBERRY]. 1997, approves and implements a settlement retary of State, and Treasurer sitting as (Mr. THORNBERRY asked and was between the State of Florida and the trustees; given permission to revise and extend Miccosukee Tribe of Indians of Florida regard- (5) the term ‘‘State of Florida’’ means all his remarks.) agencies or departments of the State of Flor- ing right-of-way usage and dredging during the ida, including the Florida Department of Mr. THORNBERRY. Mr. Speaker, I construction of Interstate Highway I±75Ð``Alli- Transportation and the board of trustees of yield myself such time as I may gator Alley''Ðacross tribal lands in the Florida the Internal Improvements Trust Fund, as consume. Everglades. This settlement authorizes the well as the State itself as a governmental en- Mr. Speaker, I rise in support of H.R. Secretary of the Interior to transfer title to cer- tity; 1476, the proposed Miccosukee Settle- tain strips of land used to dredge fill material (6) the term ‘‘Secretary’’ means the United ment Act of 1977, which provides that for the construction of I±75 to the Florida De- States Secretary of the Interior; Congress consents to a settlement partment of Transportation from its trust sta- (7) the term ‘‘land transfers’’ means those agreement reached between the State tus, and in return directs the Secretary to take lands identified in the settlement agreement into trust for the Miccosukee Tribe as fro transfer from the United States to the of Florida, the Miccosukee Tribe, and Florida Department of Transportation and the U.S. Department of the Interior in- Miccosukee Indian Reservation several par- those lands identified in the settlement volving the transfer of rights-of-way cels of land as compensation. agreement for transfer from the State of from the tribe to the State. This land transfer is fully endorsed by the Florida to the United States; Included in the settlement agreement Florida Governor and Cabinet, who sit jointly (8) the term ‘‘lawsuit’’ means the action in are provisions relating to airboat ac- as the trustees for Florida land and who voted the United States District Court for the cess to certain lands, the relocation of unanimously in favor of this settlement. The Southern District of Florida, entitled a microwave tower, interchange light- Tribe also receives approximately $2 million, Miccosukee Tribe of Indians of Florida v. ing at the Snake Road interchange, better access to its existing reservation State of Florida and Florida Department of through new access ramps on I±75, and air- Transportation, et al., docket number 91– and the conveyance of 22.87 acres of 6285–Civ–Paine; and land to the United States by the State boat launch sites. (9) the terms ‘‘settlement agreement’’ and of Florida. I am pleased that the State and the tribe ‘‘agreement’’ mean those documents entitled Also included in the settlement have worked out a fair solution and I rec- ‘‘settlement agreement’’ (with incorporated agreement are provisions whereby the ommend passage of the bill. Mr. THORNBERRY. Mr. Speaker, I exhibits), which identifies the lawsuit in the tribe agrees to dismiss certain litiga- have no further requests for time. first paragraph, which was signed on page 15 tion pending against the State and to therein on August 28, 1996, by Ben G. Watts Mr. KILDEE. Mr. Speaker, I yield (Secretary of the Florida Department of release and forever discharge any and back the balance of my time. Transportation) and Billy Cypress (Chairman all claims the tribe may have against Mr. THORNBERRY. Mr. Speaker, I of the Miccosukee Tribe), and thereafter con- the Florida Department of Transpor- yield back the balance of my time. curred in by the board of trustees of the In- tation and State of Florida in any way The SPEAKER pro tempore. The ternal Improvements Trust Fund of the related to Interstate Highway 75. question is on the motion offered by State of Florida. Mr. Speaker, I believe this measure the gentleman from Texas [Mr. SEC. 4. AUTHORITY OF SECRETARY. deserves the support of the House. THORNBERRY] that the House suspend As trustee for the Miccosukee Tribe, the Mr. Speaker, I reserve the balance of the rules and pass the bill, H.R. 1476. Secretary shall: my time. The question was taken. (1) Aid and assist in the fulfillment of the Mr. FARR of California. Mr. Speaker, Mr. CONDIT. Mr. Speaker, I object to settlement agreement at all times and in all reasonable manner, and cooperate with and I yield as much time as he may the vote on the ground that a quorum assist the Miccosukee Tribe for this purpose. consume to the gentleman from Michi- is not present and make the point or (2) Upon finding that the settlement agree- gan [Mr. KILDEE], a long and experi- order that a quorum is not present. ment is legally sufficient and that the State enced Member on these issues, distin- The SPEAKER pro tempore. Pursu- of Florida and its agencies have the nec- guished Member of this House. ant to clause 5, rule I, and the Chair’s essary authority to fulfill the agreement, Mr. KILDEE. Mr. Speaker, I thank prior announcement, further proceed- sign the settlement agreement on behalf of the gentleman for yielding me time. ings on this motion will be postponed. the United States, and have a representative We also support passage of this act. The point of no quorum is considered of the Bureau of Indian Affairs sign the set- withdrawn. tlement agreement as well. This bill ratifies a 1996 settlement of a f (3) Upon finding that all necessary condi- lawsuit between the Miccosukee Tribe tions precedent to the transfer of in Florida over lands taken by the GENERAL LEAVE Miccosukee land to the Florida Department State for construction of Alligator Mr. THORNBERRY. Mr. Speaker, I of Transportation as provided in the settle- Alley across the Everglades. ask unanimous consent that all Mem- ment agreement have been or will be met so Under the terms of this agreement, bers may have 5 legislative days within that the agreement has been or will be ful- the tribe gets $2.1 million, 22 acres of which to revise and extend their re- filled but for the execution of this land land, and two rights-of-way, while the transfer and related land transfers, transfer marks and include extraneous material ownership of the Miccosukee land to the State gets several rights-of-way from on H.R. 1476, the bill just debated. Florida Department of Transportation as the tribe for highway maintenance and The SPEAKER pro tempore. Is there provided in the settlement agreement, in- release from the lawsuit. Congress is objection to the request of the gen- cluding in such transfer solely and exclu- involved because the agreement calls tleman from Texas? sively that Miccosukee land identified in the for the Department of the Interior to There was no objection. settlement agreement for such transfer and approve the rights-of-way given to the f no other land. State and to place the tribe’s newly ac- (4) Upon finding that all necessary condi- quired lands into trust. SMALL BUSINESS PROGRAMS RE- tions precedent to the transfer of Florida I am pleased that the tribe and State AUTHORIZATION AND AMEND- land to the United States have been or will MENTS ACT OF 1997 be met so that the agreement has been or have reached this amicable agreement. will be fulfilled but for the execution of this I also applaud the diligence and hard Mr. TALENT. Mr. Speaker, I move to land transfer and related land transfers, re- work of the gentleman from Florida suspend the rules and pass the bill September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8071 (H.R. 2261) to reauthorize and amend TITLE VI—SERVICE DISABLED section 7(a)(21) except by transfer from an- the programs of the Small Business VETERANS other Federal department or agency to the Act and the Small Business Investment Sec. 601. Purposes. Administration, unless the program level au- Act, and for other purposes, as amend- Sec. 602. Definitions. thorized for general business loans under ed. Sec. 603. Report by Small Business Adminis- subsection (l)(2)(A) is fully funded; and ‘‘(B) the Administration may not approve The Clerk read as follows: tration. Sec. 604. Information collection. loans on behalf of the Administration or on H.R. 2261 Sec. 605. State of small business report. behalf of any other department or agency, by Be it enacted by the Senate and House of Rep- Sec. 606. Loans to veterans. contract or otherwise, under terms and con- resentatives of the United States of America in Sec. 607. Entrepreneurial training, counsel- ditions other than those specifically author- Congress assembled, ing, and management assist- ized under this Act or the Small Business In- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance. vestment Act of 1958, except that it may ap- (a) SHORT TITLE.—This Act may be cited as Sec. 608. Grants for eligible veterans out- prove loans under section 7(a)(21) of this Act the ‘‘Small Business Programs Reauthoriza- reach programs. in gross amounts of not more than $1,250,000. Sec. 609. Outreach for eligible veterans. tion and Amendments Acts of 1997’’. ‘‘(n) The following program levels are au- ABLE OF ONTENTS TITLE VII—SMALL BUSINESS (b) T C .— thorized for fiscal year 1999: TECHNOLOGY TRANSFER PROGRAM Sec. 1. Short title; table of contents. ‘‘(1) For the programs authorized by this TITLE I—AUTHORIZATIONS Sec. 701. Amendments. Act, the Administration is authorized to Sec. 101. Authorizations. TITLE I—AUTHORIZATIONS make— ‘‘(A) $60,000,000 in technical assistance TITLE II—FINANCIAL PROGRAMS SEC. 101. AUTHORIZATIONS. grants as provided in section 7(m); and Subtitle A—General Business Loans Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by striking sub- ‘‘(B) $60,000,000 in loans, as provided in sec- Sec. 201. Securitization regulations. sections (l) through (q) and inserting the fol- tion 7(m). Sec. 202. Background check of loan appli- lowing: ‘‘(2) For the programs authorized by this cants. ‘‘(l) The following program levels are au- Act, the Administration is authorized to Sec. 203. Report on increased lender ap- thorized for fiscal year 1998: make $16,540,000,000 in deferred participation proval, servicing, foreclosure, ‘‘(1) For the programs authorized by this loans and other financings. Of such sum, the liquidation, and litigation of Act, the Administration is authorized to Administration is authorized to make— 7(a) loans. make— ‘‘(A) $12,000,000,000 in general business Sec. 204. Completion of planning for loan ‘‘(A) $40,000,000 in technical assistance loans as provided in section 7(a); monitoring system. grants, as provided in section 7(m); and ‘‘(B) $3,500,000,000 in financings as provided Subtitle B—Certified Development Company ‘‘(B) $60,000,000 in loans, as provided in sec- in section 7(a)(13) of this Act and section 504 Program tion 7(m). of the Small Business Investment Act of Sec. 221. Reauthorization of fees. ‘‘(2) For the programs authorized by this 1958; Sec. 222. PCLP participation Act, the Administration is authorized to ‘‘(C) $1,000,000,000 in loans as provided in Sec. 223. PCLP eligibility. make $15,040,000,000 in deferred participation section 7(a)(21); and Sec. 224. Loss reserves. loans and other financings. Of such sum, the ‘‘(D) $40,000,000 in loans as provided in sec- Sec. 225. Goals. Administration is authorized to make— tion 7(m). Sec. 226. Technical amendments. ‘‘(A) $11,000,000,000 in general business ‘‘(3) For the programs authorized by title Sec. 227. Promulgation of regulations. loans as provided in section 7(a); III of the Small Business Investment Act of Sec. 228. Technical amendment. ‘‘(B) $3,000,000,000 in financings as provided 1958, the Administration is authorized to Sec. 229. Repeal. in section 7(a)(13) of this Act and section 504 make— Sec. 230. Loan servicing and liquidation. of the Small Business Investment Act of ‘‘(A) $700,000,000 in purchases of participat- Sec. 231. Use of proceeds. 1958; ing securities; and Sec. 232. Lease of property. ‘‘(C) $1,000,000,000 in loans as provided in ‘‘(B) $650,000,000 in guarantees of deben- Sec. 233. Seller financing. section 7(a)(21); and tures. Sec. 234. Preexisting conditions. ‘‘(D) $40,000,000 in loans as provided in sec- ‘‘(4) For the programs authorized by part B Subtitle C—Small Business Investment tion 7(m). of title IV of the Small Business Investment Company Program ‘‘(3) For the programs authorized by title Act of 1958, the Administration is authorized Sec. 241. 5-year commitments. III of the Small Business Investment Act of to enter into guarantees not to exceed Sec. 242. Program reform. 1958, the Administration is authorized to $2,000,000,000, of which not more than Sec. 243. Fees. make— $650,000,000 may be in bonds approved pursu- Sec. 244. Examination fees. ‘‘(A) $600,000,000 in purchases of participat- ant to section 411(a)(3) of that Act. ing securities; and ‘‘(5) The Administration is authorized to Subtitle D—Microloan Program ‘‘(B) $500,000,000 in guarantees of deben- make grants or enter cooperative agree- Sec. 251. Microloan program extension. tures. ments— Sec. 252. Supplemental microloan grants ‘‘(4) For the programs authorized by part B ‘‘(A) for the Service Corps of Retired Ex- TITLE III—WOMEN’S BUSINESS of title IV of the Small Business Investment ecutives program authorized by section ENTERPRISES Act of 1958, the Administration is authorized 8(b)(1), $4,500,000; and Sec. 301. Reports. to enter into guarantees not to exceed ‘‘(B) for activities of small business devel- Sec. 302. Council duties. $2,000,000,000, of which not more than opment centers pursuant to section Sec. 303. Council membership. $650,000,000 may be in bonds approved pursu- 21(c)(3)(G), not to exceed $15,000,000, to re- Sec. 304. Authorization of appropriations. ant to section 411(a)(3) of that Act. main available until expended. ‘‘(5) The Administration is authorized to Sec. 305. Women’s business centers. ‘‘(o)(1) There are authorized to be appro- Sec. 306. Office of Women’s Business Owner- make grants or enter into cooperative agree- priated to the Administration for fiscal year ship. ments— 1999 such sums as may be necessary to carry TITLE IV—COMPETITIVENESS PROGRAM ‘‘(A) for the Service Corps of Retired Ex- ecutives program authorized by section out this Act, including administrative ex- Sec. 401. Program term. 8(b)(1), $4,000,000; and penses and necessary loan capital for disas- Sec. 402. Monitoring agency performance. ‘‘(B) for activities of small business devel- ter loans pursuant to section 7(b), and to Sec. 403. Reports to Congress. opment centers pursuant to section carry out the Small Business Investment Act Sec. 404. Small business participation in 21(c)(3)(G), $15,000,000, to remain available dredging. of 1958, including salaries and expenses of the until expended. Administration. Sec. 405. Technical amendment. ‘‘(m)(1) There are authorized to be appro- TITLE V—MISCELLANEOUS PROVISIONS priated to the Administration for fiscal year ‘‘(2) Notwithstanding paragraph (1), for fis- Sec. 501. Small business development cen- 1998 such sums as may be necessary to carry cal year 1999— ters. out this Act, including administrative ex- ‘‘(A) no funds are authorized to be provided Sec. 502. Small business export promotion. penses and necessary loan capital for disas- to carry out the loan program authorized by Sec. 503. Pilot preferred surety bond guaran- ter loans pursuant to section 7(b), and to section 7(a)(21) except by transfer from antee program extension. carry out the Small Business Investment Act other Federal department or agency to the Sec. 504. Very small business concerns. of 1958, including salaries and expenses of the Administration, unless the program level au- Sec. 505. Extension of cosponsorship author- Administration. thorized for general business loans under ity. ‘‘(2) Notwithstanding paragraph (1), for fis- subsection (n)(2)(A) is fully funded; and Sec. 506. Trade assistance program for small cal year 1998— ‘‘(B) the Administration may not approve business concerns harmed by ‘‘(A) no funds are authorized to be provided loans on behalf of the Administration or on NAFTA. to carry out the loan program authorized by behalf of any other department or agency, by H8072 CONGRESSIONAL RECORD — HOUSE September 29, 1997 contract or otherwise, under terms and con- TITLE II—FINANCIAL PROGRAMS (2) identifying all data inputs and outputs ditions other than those specifically author- Subtitle A—General Business Loans necessary for timely report generation; (3) benchmark loan monitoring business ized under this Act or the Small Business In- SEC. 201. SECURITIZATION REGULATIONS. processes and systems against comparable vestment Act of 1958, except that it may ap- The Administrator shall promulgate final industry processes and, if appropriate, sim- prove loans under section 7(a)(21) of this Act regulations permitting bank and non-bank plify or redefine work processes based on in gross amounts of not more than $1,250,000. lenders to sell or securitize the non-guaran- these benchmarks; teed portion of loans made under section 7(a) ‘‘(p) The following program levels are au- (4) determine data quality standards and thorized for fiscal year 2000: of the Small Business Act (15 U.S.C. 636(a)). control systems for ensuring information ac- ‘‘(1) For the programs authorized by this Such regulations shall be issued within 90 curacy; Act, the Administration is authorized to days of the date of enactment of this Act, (5) identify an acquisition strategy and make— and shall allow securitizations to proceed as work increments to completion; ‘‘(A) $75,000,000 in technical assistance regularly as is possible within the bounds of (6) analyze the benefits and costs of alter- grants as provided in section 7(m); and prudent and sound financial management natives and use to demonstrate the advan- ‘‘(B) $60,000,000 in direct loans, as provided practice. tage of the final project; in section 7(m). SEC. 202. BACKGROUND CHECK OF LOAN APPLI- (7) ensure that the proposed information ‘‘(2) For the programs authorized by this CANTS. system is consistent with the agency’s infor- Act, the Administration is authorized to Section 7(a)(1) of the Small Business Act mation architecture; and make $19,040,000,000 in deferred participation (15 U.S.C. 636(a)(1)) is amended by striking (8) estimate the cost to system completion, loans and other financings. Of such sum, the ‘‘(1)’’ and inserting the following: identifying the essential cost element. Administration is authorized to make— ‘‘(1)(A) CREDIT ELSEWHERE.—’’, and by add- (b) Six months from the date of enactment ‘‘(A) $13,500,000,000 in general business ing the following new paragraph at the end: of this Act, the Administrator shall report to loans as provided in section 7(a); ‘‘(B) BACKGROUND CHECKS.—Prior to the ap- the House and Senate Committees on Small ‘‘(B) $4,500,000,000 in financings as provided proval of any loan made pursuant to this Business pursuant to the requirements of in section 7(a)(13) of this Act and section 504 subsection, or section 503 of the Small Busi- subsection (a), and shall also submit a copy ness Investment Act, the Administrator of the Small Business Investment Act of of the report to the General Accounting Of- shall verify the applicant’s criminal back- fice, which shall evaluate the report for com- 1958; ground, or lack thereof, through the best pliance with subsection (a) and shall submit ‘‘(C) $1,000,000,000 in loans as provided in available means, including, if possible, use of such evaluation to both Committees no later section 7(a)(21); and the National Crime Information Center com- than 28 days after receipt of the report from ‘‘(D) $40,000,000 in loans as provided in sec- puter system at the Federal Bureau of Inves- the Small Business Administration. None of tion 7(m). tigation.’’. the funds provided for the purchase of the ‘‘(3) For the programs authorized by title loan monitoring system may be expended III of the Small Business Investment Act of SEC. 203. REPORT ON INCREASED LENDER AP- PROVAL, SERVICING, FORE- until the requirements of this section have 1958, the Administration is authorized to CLOSURE, LIQUIDATION, AND LITI- been satisfied. make— GATION OF 7(a) LOANS. Subtitle B—Certified Development Company ‘‘(A) $850,000,000 in purchases of participat- (a) Within six months of the date of enact- Program ing securities; and ment of this act the Administrator shall re- ‘‘(B) $700,000,000 in guarantees of deben- SEC. 221. REAUTHORIZATION OF FEES. port on action taken and planned for future Section 503 of the Small Business Invest- tures. reliance on private sector lender resources to ment Act of 1958 (15 U.S.C. 697) is amended— ‘‘(4) For the programs authorized by part B originate, approve, close, service, liquidate, (1) by striking subsection (b)(7)(A) and in- of title IV of the Small Business Investment foreclose, and litigate loans made under Sec- serting the following: Act of 1958, the Administration is authorized tion 7(a) of the Small Business Act. The re- ‘‘(A) assesses and collects a fee, which shall to enter into guarantees not to exceed port should address administrative and other be payable by the borrower, in an amount $2,000,000,000, of which not more than steps necessary to achieve these results, in- equal to 0.9375 percent per year of the out- $650,000,000 may be in bonds approved pursu- cluding— standing balance of the loan; and’’; ant to the provisions of section 411(a)(3) of (1) streamlining the process for approving (2) by striking from subsection (d)(2) that Act. lenders and standardizing requirements; ‘‘equal to 50 basis points’’ and inserting ‘‘(5) The Administration is authorized to (2) establishing uniform reporting require- ‘‘equal to not more than 50 basis points,’’; make grants or enter cooperative agreements using on-line automated capabilities (3) by adding the following at the end of ments— to the maximum extent feasible; subsection (d)(2): ‘‘The amount of the fee au- ‘‘(A) for the Service Corps of Retired Ex- (3) reducing paperwork through automa- thorized herein shall be established annually ecutives program authorized by section tion, simplified forms or incorporation of by the Administration in the minimal 8(b)(1), $5,000,000; and lender’s forms; amount necessary to reduce the cost (as that ‘‘(B) for activities of small business devel- (4) providing uniform standards for ap- term is defined in section 502 of the Federal opment centers pursuant to section proval, closing, servicing, foreclosure, and Credit Reform Act of 1990) to the Adminis- 21(c)(3)(G), not to exceed $15,000,000, to re- liquidation; tration of purchasing and guaranteeing de- main available until expended. (5) promulgating new regulations or bentures under this Act to zero.’’; and amending existing ones; ‘‘(q)(1) There are authorized to be appro- (4) by striking from subsection (f) ‘‘1997’’ (6) establishing a timetable for implement- and inserting ‘‘2000’’. priated to the Administration for fiscal year ing the plan for reliance on private sector SEC. 222. PCLP PARTICIPATION. 2000 such sums as may be necessary to carry lenders; Section 508(a) of the Small Business In- out this Act, including administrative ex- (7) implementing organizational changes vestment Act of 1958 (15 U.S.C. 697e(a)) is penses and necessary loan capital for disas- at SBA; and amended by striking ‘‘not more than 15’’. ter loans pursuant to section 7(b), and to (8) estimating the annual savings that SEC. 223. PCLP ELIGIBILITY. carry out the provisions of the Small Busi- would occur as a result of implementation. Section 508(b)(2) of the Small Business In- ness Investment Act of 1958, including sala- (b) In preparing the report the Adminis- vestment Act of 1958 (15 U.S.C. 697e(b)(2)) is ries and expenses of the Administration. trator shall seek the views and consult with, amended by striking paragraphs (A) and (B) among others, 7(a) borrowers and lenders, and inserting: ‘‘(2) Notwithstanding paragraph (1), for fis- small businesses who are potential program ‘‘(A) is an active certified development cal year 2000— participants, financial institutions who are company in good standing and has been an ‘‘(A) no funds are authorized to be provided potential program lenders, and representa- active participant in the accredited lenders to carry out the loan program authorized by tive industry associations, such as the U. S. program during the entire 12-month period section 7(a)(21) except by transfer from an- Chamber of Commerce, the American Bank- preceding the date on which the company other Federal department or agency to the ers Association, the National Association of submits an application under paragraph (1), Administration, unless the program level au- Government Guaranteed Lenders and the except that the Administration may waive thorized for general business loans under Independent Bankers Association of Amer- this requirement if the company is qualified subsection (p)(2)(A) is fully funded; and ica. to participate in the accredited lenders pro- ‘‘(B) the Administration may not approve SEC. 204. COMPLETION OF PLANNING FOR LOAN gram; loans on behalf of the Administration or on MONITORING SYSTEM. ‘‘(B) has a history (i) of submitting to the behalf of any other department or agency, by (a) The Administrator shall perform and Administration adequately analyzed deben- contract or otherwise, under terms and con- complete the planning needed to serve as the ture guarantee application packages and (ii) ditions other than those specifically author- basis for funding the development and imple- of properly closing section 504 loans and ized under this Act or the Small Business In- mentation of computerized loan monitoring servicing its loan portfolio; and’’. vestment Act of 1958, except that it may ap- system, including— SEC. 224. LOSS RESERVES. prove loans under section 7(a)(21) of this Act (1) fully defining the system requirement Section 508(c) of the Small Business Invest- in gross amounts of not more than using on-line, automated capabilities to the ment Act of 1958 (15 U.S.C. 697e(c)) is amend- $1,250,000.’’. extent feasible; ed to read as follows: September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8073

‘‘(c) LOSS RESERVE.— SEC. 228. TECHNICAL AMENDMENT. Subtitle C—Small Business Investment ‘‘(1) ESTABLISHMENT.—A company des- Section 508(j) of the Small Business Invest- Company Program ignated as a premier certified lender shall es- ment Act of 1958 (15 U.S.C. 697e(j)), as redes- SEC. 241. 5-YEAR COMMITMENTS. tablish a loss reserve for financing approved ignated herein, is amended by striking Section 20(a)(2) of the Small Business Act pursuant to this section. ‘‘other lenders’’ and inserting ‘‘other lenders, (15 U.S.C. 631 note) is amended in the last ‘‘(2) AMOUNT.—The amount of the loss re- specifically comparing default rates and re- sentence by striking ‘‘the following fiscal serve shall be equal to 10 percent of the covery rates on liquidations’’. year’’ and inserting ‘‘any one or more of the amount of the company’s exposure as deter- 4 subsequent fiscal years’’. mined under subsection (b)(2)(C). SEC. 229. REPEAL. SEC. 242. PROGRAM REFORM. ‘‘(3) ASSETS.—The loss reserve shall be Section 217(b) of Public Law 103–403 (108 (a) TAX DISTRIBUTIONS.—Section 303(g)(8) of comprised of any combination of the follow- Stat. 4185) is repealed. the Small Business Investment Act of 1958 ing types of assets: SEC. 230. LOAN SERVICING AND LIQUIDATION. (15 U.S.C. 683(g)(8)) is amended in the first ‘‘(A) segregated funds on deposit in an ac- Section 508(d)(1) of the Small Business In- count or accounts with a federally insured sentence— vestment Act of 1958 (15 U.S.C. 697e(d)) is (1) by inserting ‘‘, for each calendar quar- depository institution or institutions se- amended by striking ‘‘to approve loans’’ and lected by the company, subject to a collat- ter or once annually, as the company may inserting ‘‘to approve, authorize, close, serv- elect,’’ after ‘‘the company may’’; and eral assignment in favor of, and in a format ice, foreclose, litigate, and liquidate loans’’. acceptable to, the Administration; or (2) by inserting ‘‘for the preceding quarter ‘‘(B) irrevocable letter or letters of credit, SEC. 231. USE OF PROCEEDS. or year’’ before the period. (b) LEVERAGE FEE.—Section 303(i) of the with a collateral assignment in favor of, and Section 502(1) of the Small Business Invest- Small Business Investment Act of 1958 (15 a commercially reasonable format accept- ment Act of 1958 (15 U.S.C. 696(1)) is amended U.S.C. 683(i)) is amended by striking ‘‘, payable to, the Administration. to read as follows: able upon’’ and all that follows before the pe- ‘‘(4) CONTRIBUTIONS.—The company shall ‘‘(1) The proceeds of any such loan shall be riod and inserting the following: ‘‘in the fol- make contributions to the loss reserve, ei- used solely by such borrower or borrowers to lowing manner: 1 percent upon the date on ther cash or letters of credit as provided assist an identifiable small-business or busi- which the Administration enters into any above, in the following amounts and at the nesses and for a sound business purpose ap- commitment for such leverage with the li- following intervals: proved by the Administration.’’. censee, and the balance of 2 percent (or 3 per- ‘‘(A) 50 percent when a debenture is closed; SEC. 232. LEASE OF PROPERTY. cent in which case in which no commitment ‘‘(B) 25 percent additional not later than 1 Section 502 of the Small Business Invest- has been entered into by the Administration) year after a debenture is closed; and ment Act of 1958 (15 U.S.C. 696) is amended by on the date on which the leverage is drawn ‘‘(C) 25 percent additional not later than 2 adding the following new subsection: by the licensee’’. years after a debenture is closed. ‘‘(5) Not to exceed 25 percent of any project (c) PERIODIC ISSUANCE OF GUARANTEES AND ‘‘(5) REPLENISHMENT.—If a loss has been may be permanently leased by the assisted TRUST CERTIFICATES.—Section 320 of the sustained by the Administration, any por- small business: Provided, That the assisted Small Business Investment Act of 1958 (15 tion of the loss reserve, and other funds pro- small business shall be required to occupy U.S.C. 687m) is amended by striking ‘‘three vided by the premier company as necessary, and use not less than 55 percent of the space months’’ and inserting ‘‘6 months’’. may be used to reimburse the Administra- in the project after the execution of any (d) INDEXING FOR LEVERAGE.—Section 303 of tion for the company’s 10 percent share of leases authorized in this section.’’. the Small Business Investment Act of 1958 the loss as provided in subsection (b)(2)(C). If SEC. 233. SELLER FINANCING AND (15 U.S.C. 683) is amended— the company utilizes the reserve, within 30 (1) in subsection (b)— days it shall replace an equivalent amount of COLLATERALIZATION. Section 502(3) of the Small Business Invest- (A) in paragraph (2), by adding at the end funds. the following: ISBURSEMENTS.—The Administration ment Act of 1958 (15 U.S.C. 696(3)) is amended ‘‘(6) D ‘‘(D)(i) The dollar amounts in subpara- shall allow the certified development com- by inserting the following new subparagraphs (A), (B), and (C) shall be adjusted an- pany to withdraw from the loss reserve graphs: nually to reflect increases in the Consumer amounts attributable to any debenture ‘‘(D) SELLER FINANCING.—Seller provided fi- Price Index established by the Bureau of which has been repaid.’’. nancing may be used to meet the requirements of— Labor Statistics of the Department of Labor. SEC. 225. GOALS. ‘‘(ii) The initial adjustments made under Section 508 of the Small Business Invest- ‘‘(i) paragraph (B), if the seller subordi- nates his interest in the property to the de- this subparagraph after the date of enactment Act of 1958 (15 U.S.C. 697e) is amended ment of the Small Business Reauthorization by inserting the following after subsection benture guaranteed by the Administration; Act of 1997 shall reflect only increases from (d) and by redesignating subsections (e) to (i) and March 31, 1993.’’; and as (f) to (j): ‘‘(ii) not to exceed 50 percent of the (B) by striking paragraph (4) and inserting ‘‘(e) PROGRAM GOALS.—Certified develop- amounts required by paragraph (C). the following: ment companies participating in this pro- ‘‘(E) COLLATERALIZATION.—The collateral AXIMUM AGGREGATE AMOUNT OF LE- gram shall establish a goal of processing 50 provided by the small business concern gen- ‘‘(4) M VERAGE.— percent of their loan applications for section erally shall include a subordinate lien posi- ‘‘(A) IN GENERAL.—Except as provided in 504 assistance pursuant to the premier cer- tion on the property being financed under subparagraph (B), the aggregate amount of tified lender program authorized in this sec- this title, and is only one of the factors to be outstanding leverage issued to any company tion.’’. evaluated in the credit determination. Addi- or companies that are commonly controlled SEC. 226. TECHNICAL AMENDMENTS. tional collateral shall be required only if the (as determined by the Administrator) may Section 508(g) of the Small Business In- Administration determines, on a case by not exceed $90,000,000, as adjusted annually vestment Act of 1958 (15 U.S.C. 697(g)) is case basis, that additional security is nec- for increases in the Consumer Price Index. amended— essary to protect the interest of the Govern- ‘‘(B) EXCEPTIONS.—The Administrator may, (1) in subsection (g), as redesignated here- ment.’’. in, is amended by striking ‘‘State or local’’ on a case-by-case basis— SEC. 234. PREEXISTING CONDITIONS. and inserting ‘‘certified’’; ‘‘(i) approve an amount of leverage that ex- (2) in subsection (h), as redesignated here- Section 502 of the Small Business Invest- ceeds the amount described in subparagraph in— ment Act of 1958 (15 U.S.C. 696) is amended by (A) for companies under common control; (A) by striking ‘‘EFFECT OF SUSPEN- adding the following new paragraph: and SION OR DESIGNATION’’ and inserting ‘‘(6) Any loan authorized under this section ‘‘(ii) impose such additional terms and con- ‘‘EFFECT OF SUSPENSION OR REVOCA- shall not be denied or delayed for approval ditions as the Administrator determines to TION’’; and by the Administration due to concerns over be appropriate to minimize the risk of loss to (B) by striking ‘‘under subsection (f)’’ and preexisting environmental conditions: Pro- the Administration in the event of default. inserting ‘‘under subsection (g)’’. vided, That the development company pro- ‘‘(C) APPLICABILITY OF OTHER PROVISIONS.— SEC. 227. PROMULGATION OF REGULATIONS. vides the Administration a letter issued by Any leverage that is issued to a company or Section 508(i) of the Small Business Invest- the appropriate State or Federal environ- companies commonly controlled in an ment Act of 1958 (15 U.S.C. 697e(i)), as redes- mental protection agency specifically stat- amount that exceeds $90,000,000, whether as a ignated herein, is amended to read as fol- ing that the environmental agency will not result of an increase in the Consumer Price lows: institute any legal proceedings against the Index or a decision of the Administrator, is ‘‘(i) REGULATIONS.—Not later than 90 days borrower or, in the event of a default, the de- subject to subsection (d).’’; and after the date of enactment of this section, velopment company or the Administration (2) by striking subsection (d) and inserting the Administration shall promulgate regula- based on the preexisting environmental con- the following: tions to carry out this section. Not later ditions: Provided further, That the borrower ‘‘(d) REQUIRED CERTIFICATIONS.— than 120 days after the date of enactment, shall agree to provide environmental agen- ‘‘(1) IN GENERAL.—The Administrator shall the Administration shall issue program cies access to the property for any reason- require each licensee, as a condition of ap- guidelines and implement the changes made able and necessary remediation efforts or in- proval of an application for leverage, to cer- herein.’’. spections.’’. tify in writing— H8074 CONGRESSIONAL RECORD — HOUSE September 29, 1997 ‘‘(A) for licensees with leverage less than SEC. 252. SUPPLEMENTAL MICROLOAN GRANTS. as the Council considers appropriate to pro- or equal to $90,000,000, that not less than 20 Section 7(m)(4) of the Small Business Act mote the development of small business con- percent of the licensee’s aggregate dollar (15 USC 636 (m)(4)) is amended by adding the cerns owned and controlled by women. amount of financings will be provided to following: ‘‘(e) SUBMISSION OF REPORTS.—The annual smaller enterprises; and ‘‘(F)(i) The Administration may accept and report required by subsection (d) shall be ‘‘(B) for licensees with leverage in excess of disburse funds received from another Federal submitted not later than 90 days after the $90,000,000, that, in addition to satisfying the department or agency to provide additional end of each fiscal year.’’. assistance to individuals who are receiving requirements of subparagraph (A), 100 per- SEC. 303. COUNCIL MEMBERSHIP. assistance under the State program funded cent of the licensee’s aggregate dollar Section 407 of the Women’s Business Own- under part A of title IV of the Social Secu- amount of financings made in whole or in ership Act of 1988 (15 U.S.C. 631 note) is rity Act (42 USC 601 et seq.), or under any part with leverage in excess of $90,000,000 will amended— be provided to smaller enterprises as defined comparable State-funded means-tested program of assistance for low-income individ- (1) in subsection (a), by striking ‘‘and in section 103(12). Amendments Act of 1994’’ and inserting ‘‘Act ‘‘(2) MULTIPLE LICENSEES.—Multiple licens- uals. ‘‘(ii) Grant proceeds are in addition to of 1997’’; ees under common control (as determined by (2) in subsection (b)— the Administrator) shall be considered to be other grants provided by this subsection and shall not require the contribution of match- (A) by striking ‘‘and Amendments Act of a single licensee for purposes of determining 1994’’ and inserting ‘‘Act of 1997’’; both the applicability of and compliance ing amounts to be eligible. The grants may be used to pay or reimburse a portion of (B) by inserting after ‘‘the Administrator with the investment percentage require- shall’’ the following: ‘‘, after receiving the ments of this subsection.’’. child care and transportation costs of individuals described in clause (i) and for mar- recommendations of the Chair and the Rank- SEC. 243. FEES. keting, management and technical assisting Member of the Minority of the Commit- Section 301 of the Small Business Invest- ance. tees on Small Business of the House of Rep- ment Act of 1958 (15 U.S.C. 681) is amended by ‘‘(iii) Prior to accepting and distributing resentatives and the Senate,’’; adding the following: any such grants, the Administration shall (C) by striking ‘‘9’’ and inserting ‘‘14’’; ‘‘(d) FEES.— enter a Memorandum of Understanding with (D) in paragraph (1), by striking ‘‘2’’ and ‘‘(1) IN GENERAL.—The Administration may the department or agency specifying the inserting ‘‘4’’; prescribe fees to be paid by each applicant terms and conditions of the grants and pro- (E) in paragraph (2)— for a license to operate as a small business viding appropriate monitoring of expendi- (i) by striking ‘‘2’’ and inserting ‘‘4’’; and investment company under this Act. tures by the intermediary and ultimate (ii) by striking ‘‘and’’ at the end; ‘‘(2) USE OF AMOUNTS.—Amounts collected grant recipient to insure compliance with (F) in paragraph (3)— pursuant to this subsection shall be— the purpose of the grant. (i) by striking ‘‘5’’ and inserting ‘‘6’’; and ‘‘(A) deposited in the account for salaries ‘‘(iv) On January 31, 1999, and annually (ii) by striking ‘‘national’’. and expenses of the Administration; and thereafter, the Administration shall submit SEC. 304. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) available without further appropria- to the Committees on Small Business of the Section 409 of the Women’s Business Own- tion solely to cover contracting and other House of Representatives and the Senate a ership Act of 1988 (15 U.S.C. 631 note) is administrative costs related to licensing.’’. report on any monies distributed pursuant to amended— SEC. 244. EXAMINATION FEES. the provisions of this paragraph. (1) by striking ‘‘1995 through 1997’’ and in- Section 310(b) of the Small Business In- ‘‘(v) No funds are authorized to be provided serting ‘‘1998 through 2000’’; and vestment Act of 1958 (15 U.S.C. 687b(b)) is to carry out the grant program authorized (2) by striking ‘‘$350,000’’ and inserting amended by inserting after the first sentence by this paragraph (F) except by transfer ‘‘$600,000, of which $200,000 shall be for grants the following: ‘‘Fees collected under this from another Federal department or agency for research of women’s procurement or fi- subsection shall be deposited in the account to the Administration.’’. nance issues.’’. for salaries and expenses of the Administra- TITLE III—WOMEN’S BUSINESS SEC. 305. WOMEN’S BUSINESS CENTERS. ENTERPRISES tion, and are authorized to be appropriated (a) IN GENERAL.—Section 29 of the Small solely to cover the costs of examinations and SEC. 301. REPORTS. Business Act (15 U.S.C. 656) is amended to other program oversight activities.’’. Section 404 of the Women’s Business Own- read as follows: ership Act of 1988 (15 U.S.C. 631 note) is Subtitle D—Microloan Program ‘‘SEC. 29. WOMEN’S BUSINESS CENTERS. amended— SEC. 251. MICROLOAN PROGRAM EXTENSION. (1) by inserting ‘‘, through the Small Busi- ‘‘(a) DEFINITION.—For the purposes of this (a) LOAN LIMITS.—Section 7(m)(3)(C) of the ness Administration,’’ after ‘‘transmit’’; section the term ‘small business concern Small Business Act (15 U.S.C. 636(m)(3)(C)) is (2) by striking paragraph (1) and redesig- owned and controlled by women’, either amended by striking ‘‘$2,500,000’’ and insert- nating paragraphs (2) through (4) as para- startup or existing, includes any small busi- ing ‘‘$3,500,000’’. graphs (1) through (3), respectively; and ness concern— (b) LOAN LOSS RESERVE FUND.—Section (3) in paragraph (1), as redesignated, by in- ‘‘(1) that is not less than 51 percent owned 7(m)(3)(D) of the Small Business Act (15 serting before the semicolon the following: ‘‘, by one or more women; and U.S.C. 636(m)(3)(D)) is amended by striking including a status report on the progress of ‘‘(2) the management and daily business clauses (i) and (ii), and inserting the follow- the Interagency Committee in meeting its operations of which are controlled by one or ing: responsibilities and duties under section more women. ‘‘(i) during the initial 5 years of the 402(a)’’. ‘‘(b) AUTHORITY.—The Administration may intermediary’s participation in the program SEC. 302. COUNCIL DUTIES. provide financial assistance to private orga- under this subsection, at a level equal to not Section 406 of the Women’s Business Own- nizations to conduct 5-year projects for the more than 15 percent of the outstanding bal- ership Act of 1988 (15 U.S.C. 631 note) is benefit of small business concerns owned and ance of the notes receivable owed to the amended— controlled by women. The projects shall pro- intermediary; and (1) in subsection (c), by inserting after vide— ‘‘(ii) in each year of participation there- ‘‘Administrator’’ the following: ‘‘(through ‘‘(1) financial assistance, including train- after, at a level equal to not more than the the Assistant Administrator for the Office of ing and counseling in how to apply for and greater of— Women’s Business Ownership)’’; and secure business credit and investment cap- ‘‘(I) 2 times an amount reflecting the total (2) in subsection (d)— ital, preparing and presenting financial losses of the intermediary as a result of par- (A) in paragraph (4), by striking ‘‘and’’ at statements, and managing cash flow and ticipation in the program under this sub- the end; other financial operations of a business con- section, as determined by the Administrator (B) in paragraph (5), by striking the period cern; on a case-by-case basis; or at the end and inserting ‘‘; and’’; and ‘‘(2) management assistance, including ‘‘(II) 10 percent of the outstanding balance (C) by adding at the end the following: training and counseling in how to plan, orga- of the notes receivable owed to the ‘‘(6) submit to the President and to the nize, staff, direct, and control each major ac- intermediary.’’. Committee on Small Business of the Senate tivity and function of a small business con- (c) AUTHORIZATION OF APPROPRIATIONS.— and the Committee on Small Business of the cern; and Section 7(m) of the Small Business Act (15 House of Representatives, an annual report ‘‘(3) marketing assistance, including train- U.S.C. 636(m)) is amended— containing— ing and counseling in identifying and seg- (1) in the subsection heading, by striking ‘‘(A) a detailed description of the activities menting domestic and international market ‘‘DEMONSTRATION’’; of the council, including a status report on opportunities, preparing and executing mar- (2) by striking ‘‘Demonstration’’ each place the Council’s progress toward meeting its keting plans, developing pricing strategies, that term appears; duties outlined in subsections (a) and (d) of locating contract opportunities, negotiating (3) by striking ‘‘demonstration’’ each place section 406; contracts, and utilizing varying public rela- that term appears; and ‘‘(B) the findings, conclusions, and rections and advertising techniques. (4) in paragraph (12), by striking ‘‘during ommendations of the Council; and ‘‘(c) CONDITIONS OF PARTICIPATION.— fiscal years 1995 through 1997’’ and inserting ‘‘(C) the Council’s recommendations for ‘‘(1) NON-FEDERAL CONTRIBUTIONS.—As a ‘‘during fiscal years 1998 through 2000’’. such legislation and administrative actions condition of receiving financial assistance September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8075

authorized by this section, the recipient or- Ownership, which shall be responsible for the ‘‘(B) DUTIES.—Duties of the position of the ganization shall agree to obtain, after its ap- administration of the Administration’s pro- Assistant Administrator shall include— plication has been approved and notice of grams for the development of women’s busi- ‘‘(i) administering and managing the Wom- award has been issued, cash contributions ness enterprises (as that term is defined in en’s Business Centers program; from non-Federal sources as follows: section 408 of the Women’s Business Owner- ‘‘(ii) recommending the annual administra- ‘‘(A) In the first and second years, 1 non- ship Act of 1988). The Office of Women’s Busi- tive and program budgets for the Office of Federal dollar for each 2 Federal dollars. ness Ownership shall be administered by an Women’s Business Ownership (including the ‘‘(B) In the third year, 1 non-Federal dollar Assistant Administrator, who shall be ap- budget for the Women’s Business Centers); for each Federal dollar. pointed by the Administrator. ‘‘(iii) establishing appropriate funding lev- ‘‘(C) In the fourth and fifth years, 2 non- ‘‘(h) REPORT.—The Administrator shall els therefore; Federal dollars for each Federal dollar. prepare and submit an annual report to the ‘‘(iv) reviewing the annual budgets submit- ‘‘(2) FORM OF NON-FEDERAL CONTRIBU- Committees on Small Business of the House ted by each applicant for the Women’s Busi- of Representatives and the Senate on the ef- TIONS.—Not more than one-half of the non- ness Center program; Federal sector matching assistance may be fectiveness of all projects conducted under ‘‘(v) selecting applicants to participate in in the form of in-kind contributions which the authority of this section. Such report this program; shall provide information concerning— are budget line items only, including but not ‘‘(vi) implementing this section; ‘‘(1) the number of individuals receiving as- limited to office equipment and office space. ‘‘(vii) maintaining a clearinghouse to pro- sistance; ‘‘(3) FORM OF FEDERAL CONTRIBUTIONS.—The vide for the dissemination and exchange of ‘‘(2) the number of startup business con- financial assistance authorized pursuant to information between Women’s Business Cen- cerns formed; this section may be made by grant, contract, ters; ‘‘(3) the gross receipts of assisted concerns; or cooperative agreement and may contain ‘‘(viii) serving as the vice chairperson of ‘‘(4) increases or decreases in profits of as- such provision, as necessary, to provide for the Interagency Committee on Women’s sisted concerns; and payments in lump sum or installments, and Business Enterprise; ‘‘(5) the employment increases or decreases in advance or by way of reimbursement. The ‘‘(ix) serving as liaison for the National of assisted concerns. Administration may disburse up to 25 per- Women’s Business Council; and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— cent of each year’s Federal share awarded to There are authorized to be appropriated ‘‘(x) advising the Administrator on ap- a recipient organization after notice of the $8,000,000 per year to carry out the projects pointments to the Women’s Business Coun- award has been issued and before the non- authorized by this section of which for fiscal cil. Federal sector matching funds are obtained. year 1998 not more than 10 percent may be ‘‘(3) CONSULTATION REQUIREMENTS.—In car- ‘‘(4) FAILURE TO OBTAIN PRIVATE FUNDING.— used for administrative expenses related to rying out the responsibilities and duties de- If any recipient of assistance fails to obtain the program. Amounts appropriated pursu- scribed in this subsection, the Assistant Ad- the required non-Federal contribution during ant to this subsection for fiscal year 1999 and ministrator shall confer with and seek the any project, it shall not be eligible there- later are to be used exclusively for grant advice of the Administration officials in after for advance disbursements pursuant to awards and not for costs incurred by the Ad- areas served by the Women’s Business Cen- paragraph (3) during the remainder of that ministration for the management and ad- ters. project, or for any other project for which it ministration of the program. Notwithstand- ‘‘(k) PROGRAM EXAMINATION.— is or may be funded by the Administration, ing any other provision of law, the Adminis- ‘‘(1) IN GENERAL.—Not later than 180 days and prior to approving assistance to such or- tration may use such expedited acquisition after the date of enactment of this sub- ganization for any other projects, the Ad- methods as it deems appropriate, through section, the Administration shall develop ministration shall specifically determine the Assistant Administrator of the Office of and implement an annual programmatic and whether the Administration believes that Women’s Business Ownership, to achieve the financial examination of each Women’s Busi- the recipient will be able to obtain the req- purposes of this section, except that the Ad- ness Center established pursuant to this sec- uisite non-Federal funding and enter a writ- ministration shall ensure that all small busi- tion. ten finding setting forth the reasons for ness sources are provided a reasonable oppor- ‘‘(2) EXTENSION OF CONTRACTS.—In extend- making such determination. tunity to submit proposals.’’. ing or renewing a contract with a Women’s ‘‘(d) CONTRACT AUTHORITY.—A women’s (b) APPLICABILITY.—Any organization con- Business Center, the Administration shall business center may enter into a contract ducting a 3-year project under section 29 of consider the results of the examination con- with a Federal department or agency to pro- the Small Business Act (15 U.S.C. 656) on the ducted pursuant to paragraph (1). vide specific assistance to women and other day before the date of enactment of this Act, ‘‘(l) CONTRACT AUTHORITY.—The authority underserved small business concerns. Per- may extend the term of that project to a of the Administration to enter into conformance of such contract should not hinder total term of 5 years and receive financial tracts shall be in effect for each fiscal year the women’s business centers in carrying out assistance in accordance with section 29(c) of only to the extent and in the amounts as are the terms of the grant received by the wom- the Small Business Act (as amended by this provided in advance in appropriations Acts. en’s business centers from the Administra- title) subject to procedures established by After the Administration has entered a con- tion. the Administrator in coordination with the tract, either as a grant or a cooperative ‘‘(e) SUBMISSION OF 5-YEAR PLAN.—Each ap- Office of Women’s Business Ownership estab- agreement, with any applicant under this plicant organization initially shall submit a lished under section 29 of the Small Business section, it shall not suspend, terminate, or 5-year plan to the Administration on pro- Act (15 U.S.C. 656) (as amended by this title). fail to renew or extend any such contract un- posed fundraising and training activities, SEC. 306. OFFICE OF WOMEN’S BUSINESS OWNER- less the Administration provides the appli- and a recipient organization may receive fi- SHIP. cant with written notification setting forth nancial assistance under this program for a Section 29 of the Small Business Act (15 the reasons therefore and affording the appli- maximum of 5 years per women’s business U.S.C. 656) is amended by adding at the end cant an opportunity for a hearing, appeal, or the following: center. other administrative proceeding under chap- ‘‘(j) ASSISTANT ADMINISTRATOR FOR THE OF- ‘‘(f) CRITERIA.—The Administration shall ter 5 of title 5, United States Code.’’. evaluate and rank applicants in accordance FICE OF WOMEN’S BUSINESS OWNERSHIP.— with predetermined selection criteria that ‘‘(1) ESTABLISHMENT.—There is established TITLE IV—COMPETITIVENESS PROGRAM shall be stated in terms of relative impor- the position of Assistant Administrator for SEC. 401. PROGRAM TERM. tance. Such criteria and their relative im- the Office of Women’s Business Ownership Section 711(c) of the Small Business Com- portance shall be made publicly available (hereafter in this section referred to as the petitiveness Demonstration Program Act of and stated in each solicitation for applica- ‘Assistant Administrator’) who shall serve 1988 (15 U.S.C. 644 note) is amended by strik- tions made by the Administration. The cri- without regard to the provisions of title 5, ing ‘‘, and terminate on September 30, 1997’’. teria shall include— United States Code, governing appointments SEC. 402. MONITORING AGENCY PERFORMANCE. ‘‘(1) the experience of the applicant in con- in the competitive service. Section 712(d)(1) of the Small Business ducting programs or ongoing efforts designed ‘‘(2) RESPONSIBILITIES AND DUTIES.— Competitiveness Demonstration Program to impart or upgrade the business skills of ‘‘(A) RESPONSIBILITIES.—The responsibil- Act of 1988 (15 U.S.C. 644 note) is amended to women business owners or potential owners; ities of the Assistant Administrator shall be read as follows: ‘‘(2) the present ability of the applicant to to administer the programs and services of ‘‘(1) Participating agencies shall monitor commence a project within a minimum the Office of Women’s Business Ownership the attainment of their small business paramount of time; established to assist women entrepreneurs in ticipation goals on an annual basis. An an- ‘‘(3) the ability of the applicant to provide the areas of— nual review by each participating agency training and services to a representative ‘‘(i) starting and operating a small busi- shall be completed not later than January 31 number of women who are both socially and ness; of each year, based on the data for the pre- economically disadvantaged; and ‘‘(ii) development of management and ceding fiscal year, from October 1 through ‘‘(4) the location for the women’s business technical skills; September 30.’’. center site proposed by the applicant. ‘‘(iii) seeking Federal procurement oppor- SEC. 403. SMALL BUSINESS PARTICIPATION IN ‘‘(g) OFFICE OF WOMEN’S BUSINESS OWNER- tunities; and DREDGING. SHIP.—There is established within the Ad- ‘‘(iv) increasing the opportunity for access Section 722(a) of the Small Business Com- ministration an Office of Women’s Business to capital. petitiveness Demonstration Program Act of H8076 CONGRESSIONAL RECORD — HOUSE September 29, 1997 1988 (15 U.S.C. 644 note) is amended by strik- ‘‘(C) with outreach, development, and en- SEC. 503. PILOT PREFERRED SURETY BOND ing ‘‘and terminating on September 30, 1997’’. hancement of minority-owned small business GUARANTEE PROGRAM EXTENSION. SEC. 404. TECHNICAL AMENDMENT. startups or expansions, veteran-owned small Section 207 of the Small Business Adminis- Section 717 of the Small Business Competi- business startups or expansions, and women- tration Reauthorization and Amendment Act tiveness Demonstration Program Act of 1988 owned small business startups or expansions, of 1988 (15 U.S.C. 694b note) is amended by (15 U.S.C. 644 note) is amended— in communities impacted by base closings or striking ‘‘September 30, 1997’’ and inserting (1) by striking ‘‘standard industrial classi- military or corporate downsizing, or in rural ‘‘September 30, 2000’’. fication code’’ each time it appears and in- or underserved communities;’’. SEC. 504. VERY SMALL BUSINESS CONCERNS. serting in lieu thereof ‘‘North American In- (b) SBDC SERVICES.—Section 21(c) of the Section 304(i) of Public Law 103–403 (15 dustrial Classification Code’’; and Small Business Act (15 U.S.C. 648(c)) is U.S.C. 644 note) is amended by striking (2) by striking ‘‘standard industrial classi- amended— ‘‘1998’’ and inserting ‘‘2000’’. fication codes’’ each time it appears and in- (1) in paragraph (3)— SEC. 505. EXTENSION OF COSPONSORSHIP AU- serting in lieu thereof ‘‘North American In- (A) in subparagraph (A), by striking ‘‘busi- THORITY. dustrial Classification Codes’’. nesses;’’ and inserting ‘‘businesses, includ- Section 401(a)(2) of the Small Business Ad- TITLE V—MISCELLANEOUS PROVISIONS ing— ministration Reauthorization and Amend- ments Act of 1994 (15 U.S.C. 637 note) is SEC. 501. SMALL BUSINESS DEVELOPMENT CEN- ‘‘(i) working with individuals to increase TERS. awareness of basic credit practices and credit amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2000’’. (a) IN GENERAL.—Section 21(a) of the Small requirements; Business Act (15 U.S.C. 648(a)) is amended— ‘‘(ii) working with the Administration to SEC. 506. TRADE ASSISTANCE PROGRAM FOR (1) in paragraph (1), by inserting ‘‘any develop and provide informational tools for SMALL BUSINESS CONCERNS HARMED BY NAFTA. women’s business center operating pursuant use in working with individuals on pre-busi- The Small Business Administration shall to section 29,’’ after ‘‘credit or finance cor- ness startup planning, existing business ex- coordinate assistance programs currently ad- poration,’’; pansion, business plans, financial packages, ministered by the Administration to counsel (2) in paragraph (3)— credit applications, contract proposals, and small business concerns harmed by the (A) by striking ‘‘, but with’’ and all that export planning; and North American Free Trade Agreement to follows through ‘‘parties.’’ and inserting the ‘‘(iii) working with individuals referred by aid such concerns in reorienting their busi- following: ‘‘for the delivery of programs and the local offices of the Administration and ness purpose. services to the Small Business community. Administration participating lenders;’’; Such programs and services shall be jointly (B) in each of subparagraphs (B), (C), (D), TITLE VI—SERVICE DISABLED VETERANS developed, negotiated, and agreed upon, with (E), (F), (G), (M), (N), (O), (Q), and (R) by SEC. 601. PURPOSES. full participation of both parties, pursuant moving each margin two ems to the left; The purposes of this title are— to an executed cooperative agreement be- (C) in subparagraph (C), by inserting ‘‘and (1) to foster enhanced entrepreneurship tween the Small Business Development Cen- the Administration’’ after ‘‘Center’’; among eligible veterans by providing inter applicant and the Administration.’’; and (D) in subparagraph (Q), by striking ‘‘and’’ creased opportunities; (B) by adding at the end the following: at the end; (2) to vigorously promote the legitimate ‘‘(C) On an annual basis, the Small Busi- (E) in subparagraph (R), by striking the pe- interests of small business concerns owned ness Development Center shall review and riod at the end and inserting ‘‘; and’’; and and controlled by eligible veterans; and coordinate public and private partnerships (2) in paragraph (5)— (3) to ensure that those concerns receive and cosponsorships with the Administration (A) by moving the margin 2 ems to the left; fair consideration in purchases made by the for the purpose of more efficiently (B) by striking ‘‘paragraph (a)(1)’’ and in- Federal Government. leveraging available resources on a National serting ‘‘subsection (a)(1)’’; SEC. 602. DEFINITIONS. and a State basis.’’; (C) by striking ‘‘which ever’’ and inserting For purposes of this title, the following (3) in paragraph (4)(C)— ‘‘whichever’’; and definitions apply: (A) by striking clause (i) and inserting the (D) by striking ‘‘last,,’’ and inserting (1) ADMINISTRATION.—The term ‘‘Adminis- following: ‘‘last,’’; tration’’ means the Small Business Adminis- ‘‘(i) IN GENERAL.— (3) by redesignating paragraphs (4) through tration. ‘‘(I) MAXIMUM AMOUNT.—Except as provided (7) as paragraphs (5) through (8), respec- (2) ADMINISTRATOR.—The term ‘‘Adminis- in clause (ii), and subject to subclause (II) of tively; and trator’’ means the Administrator of the this clause, the amount of a grant received (4) in paragraph (3), in the undesignated Small Business Administration. by a State under this section shall not ex- material following subparagraph (S) (as (3) ELIGIBLE VETERAN.—The term ‘‘eligible ceed greater of— added by this subsection), by striking ‘‘A veteran’’ means a disabled veteran, as de- ‘‘(aa) $500,000; and small’’ and inserting the following: fined in section 4211(3) of title 38, United ‘‘(bb) the State’s pro rata share of a na- ‘‘(4) A small’’. States Code. tional program, based upon the population of (c) COMPETITIVE AWARDS.—Section 21(l) of (4) SMALL BUSINESS CONCERN OWNED AND the State as compared to the total popu- the Small Business Act (15 U.S.C. 648(l)) is CONTROLLED BY ELIGIBLE VETERANS.—The lation of the United States. amended by adding at the end the following: term ‘‘small business concern owned and ‘‘(II) EXCEPTION.—Subject to the availabil- ‘‘If any contract under this section is not re- controlled by eligible veterans’’ means a ity of amounts made available in advance in newed or extended, award of the succeeding small business concern (as defined in section an appropriations Act to carry out this sec- contract shall be made on a competitive 3 of the Small Business Act)— tion for any fiscal year in excess of amounts basis.’’. (A) which is at least 51 percent owned by 1 so provided for fiscal year 1997, the amount (d) PROHIBITION ON CERTAIN FEES.—Section or more eligible veteran, or in the case of a of a grant received by a State under this sec- 21 of the Small Business Act (15 U.S.C. 648) is publicly owned business, at least 51 percent tion shall not exceed the greater of $500,000, amended by adding at the end the following: of the stock of which is owned by 1 or more and the sum of— ‘‘(m) PROHIBITION ON CERTAIN FEES.—A eligible veteran; and ‘‘(aa) the State’s pro rata share of a na- small business development center shall not (B) whose management and daily business tional program, based upon the population of impose or otherwise collect a fee or other operations are controlled by eligible veter- the State as compared to the total popu- compensation in connection with the provi- ans. lation of the United States; and sion of counseling services under this sec- SEC. 603. REPORT BY SMALL BUSINESS ADMINIS- ‘‘(bb) and $300,000 in fiscal year 1998, tion.’’. TRATION. $400,000 in fiscal year 1999, and $500,000 in SEC. 502. SMALL BUSINESS EXPORT PROMOTION. (a) STUDY AND REPORT.—Not later than 6 each fiscal year thereafter.’’; and (a) IN GENERAL.—Section 21(c)(3) of the months after the date of the enactment of (B) in clause (iii), by striking ‘‘(iii)’’ and Small Business Act (15 U.S.C. 648(c)(3)) is this Act, the Administrator shall conduct a all that follows through ‘‘1997.’’ and inserting amended by inserting after subparagraph (R) comprehensive study and issue a final report the following: the following: to the Committees on Small Business of the ‘‘(iii) NATIONAL PROGRAM.—The national ‘‘(S) providing small business owners with House of Representatives and the Senate program under this section shall be— access to a wide variety of export-related in- containing findings and recommendations of ‘‘(I) $85,000,000 for fiscal year 1998; formation by establishing on-line computer the Administrator on— ‘‘(II) $90,000,000 for fiscal year 1999; and linkages between small business develop- (1) the needs of small business concerns ‘‘(III) $95,000,000 for fiscal year 2000 and ment centers and an international trade data owned and controlled by eligible veterans; each fiscal year thereafter.’’; and information network with ties to the Export (2) the availability and utilization of Ad- (4) in paragraph (6)— Assistance Center program.’’. ministration programs by small business (A) in subparagraph (A), by striking ‘‘and’’ (b) AUTHORIZATION OF APPROPRIATIONS.— concerns owned and controlled by eligible at the end; There are authorized to be appropriated to veterans; (B) in subparagraph (B), by striking the carry out section 21(c)(3)(S) of the Small (3) the percentage, and dollar value, of Fed- comma at the end and inserting ‘‘; and’’; and Business Act (15 U.S.C. 648(c)(3)(S)), as added eral contracts awarded to small business (C) inserting after subparagraph (B) the by this section, $1,500,000 for each of fiscal concerns owned and controlled by eligible following: years 1998 and 1999. veterans in the preceding 5 fiscal years; and September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8077 (4) methods to improve Administration and educational institutions, private businesses, The committee regularly authorizes other programs to serve the needs of small veterans’ nonprofit community-based orga- these programs for a 3-year period, business concerns owned and controlled by nizations, and Federal, State, and local de- with the last reauthorization occurring eligible veterans. partments and agencies for the establish- in 1994 during the 103d Congress. Pro- ment and implementation of outreach pro- The report also shall include recommenda- grams include the financial programs tions to Congress concerning the need for grams for disabled veterans, as defined in legislation and recommendations to the Of- section 4211(3) of title 38, United States of the SBA: the 7(a) general business fice of Management and Budget, relevant of- Code.’’. loan guarantee, Section 504 Certified fices within the Administration, and the De- SEC. 609. OUTREACH FOR ELIGIBLE VETERANS. Development Company program, and partment of Veterans Affairs. The Administrator, the Secretary of Veter- other programs. (b) CONDUCT OF STUDY.—In carrying out ans Affairs, and the Assistant Secretary of The programs of the SBA, Mr. Speak- subsection (a), the Administrator— Labor for Veterans’ Employment and Train- (1) may conduct surveys of small business ing shall develop and implement a program er, annually provide assistance to over concerns owned and controlled by eligible of comprehensive outreach to assist eligible 100,000 small businesses all across the veterans and service disabled veterans, in- veterans. Such outreach shall include busi- United States. These financial pro- cluding those who have sought financial as- ness training and management assistance, grams remedy shortfalls in access to sistance or other services from the Adminis- employment and relocation counseling, and credit and capital for small businesses tration; dissemination of information on veterans that are in need because of unfortunate (2) shall consult with the appropriate com- benefits and veterans entitlements. imperfections in the national economy. mittees of Congress, relevant groups and or- TITLE VII—SMALL BUSINESS ganizations in the non-profit sector, and TECHNOLOGY TRANSFER PROGRAM. By assuring financial assistance for amounts as small as $500 to as much as Federal or State government agencies; and SEC. 701. AMENDMENTS. (3) shall have access to any information Section 9 of the Small Business Act (15 $1,250,000, the SBA and its private sec- within other Federal agencies which pertains U.S.C. 638) is amended— tor partners, bank and non-bank lend- to such veterans and their small businesses, (1) in subsection (b)(7), by inserting ‘‘, and ers, surety bond insurers, et cetera, unless such access is specifically prohibited the Committee on Science’’ after ‘‘of the provide a vital impetus to the small by law. Senate’’; business sector. The SBA also provides SEC. 604. INFORMATION COLLECTION. (2) in subsection (e)(4)(A) by striking hundreds of millions of dollars in vital After the date of issuance of the report re- ‘‘(ii)’’; quired by section 603, the Secretary of Veter- disaster assistance to small businesses (3) in subsection (e)(6)(B), by inserting and homeowners every year. ans Affairs shall, in consultation with the ‘‘agency’’ after ‘‘to meet particular’’; Assistant Secretary for Veterans’ Employ- (4) in subsection (n)(1)(C), by striking ‘‘and H.R. 2261 reflects the committee’s ment and Training and the Administrator, 1997’’ and inserting in lieu thereof ‘‘through dedication to and support for these pro- engage in efforts each fiscal year to identify 2000’’; grams and the belief that they are not small business concerns owned and con- (5) in subsection (o)— trolled by eligible veterans in the United only necessary but also constantly in (A) by redesignating paragraphs (8) need of refinement and improvement as States. The Secretary shall inform each through (11) as paragraphs (10) through (13), small business concern identified under this respectively; and the economy shifts and changes. The section that information on Federal procure- (B) by inserting after paragraph (7) the fol- bill includes not only the basic reau- ment is available from the Administrator. lowing new paragraphs: thorization language necessary to con- SEC. 605. STATE OF SMALL BUSINESS REPORT. ‘‘(8) include, as part of its annual perform- tinue regular operations but also Section 303(b) of the Small Business Eco- ance plan as required by section 1115(a) and changes to the underlying program nomic Policy Act of 1980 (15 U.S.C. 631b(b)) is (b) of title 31, United States Code, a section structures. amended by striking ‘‘and female-owned on its STTR program, and shall submit such businesses’’ and inserting ‘‘, female-owned, section to the Committee on Small Business The bill includes significant improve- and veteran-owned businesses’’. of the Senate, and the Committee on Science ments in the Preferred Certified Lend- SEC. 606. LOANS TO VETERANS. and the Committee on Small Business of the er Program of the Section 504 Certified Section 7(a) of the Small Business Act (15 House of Representatives; Development Company Program. These U.S.C. 636(a)) is amended by inserting after ‘‘(9) collect such data from awardees as is changes serve to help implement the paragraph (7) the following: necessary to assess STTR program outputs committee’s goals of increased reliance ‘‘(8) The Administration is empowered to and outcomes;’’; and on private sector lending partners. The make loans under this subsection to small (6) by adding at the end the following new committee seeks to both enable the business concerns owned and controlled by subsections: disabled veterans. For purposes of this para- ‘‘(s) OUTREACH PROGRAM.—Within 90 days CDC’s to take additional responsibility graph, the term ‘disabled veteran’ shall have after the date of the enactment of this sub- for servicing, liquidation and litigation the meaning such term has in section 4211(3) section, the Administrator shall develop and of defaulted loans, and to improve the of title 38, United States Code.’’. begin implementation of an outreach pro- recoveries for this program. SEC. 607. ENTREPRENEURIAL TRAINING, COUN- gram to encourage increased participation in H.R. 2261 also continues the commit- SELING, AND MANAGEMENT ASSIST- the STTR program of small business con- ANCE. cerns, universities, and other research insti- tee’s work on improving the Small The Administrator shall take such actions tutions located in States in which the total Business Investment Company Pro- as may be necessary to ensure that small number of STTR awards for the previous 2 gram. Last year this program under- business concerns owned and controlled by fiscal years is less than 20. went significant changes, and this year eligible veterans have access to programs es- ‘‘(t) INCLUSION IN STRATEGIC PLANS.—Pro- the committee seeks to build on those tablished under the Small Business Act gram information relating to the SBIR and improvements by providing SBIC’s which provide entrepreneurial training, busi- STTR programs shall be included by Federal with increased flexibility and some re- ness development assistance, counseling, and agencies in any updates and revisions responsiveness in order to better allow management assistance to small business quired under section 306(b) of title 5, United concerns. Such programs include the Small States Code.’’. the SBIC’s to interact in the marketplace and thereby reduce risks of loss. Business Development Center, Small Busi- The SPEAKER pro tempore. Pursu- ness Institute, Service Corps of Retired Ex- ant to the rule, the gentleman from The measure before us has two addi- ecutives (SCORE), and Active Corps of Ex- Missouri [Mr. TALENT] and the gen- tional components that were added to ecutives (ACE) programs. this legislation since our committee SEC. 608. GRANTS FOR ELIGIBLE VETERANS OUT- tleman from New York [Mr. LAFALCE] REACH PROGRAMS. each will control 20 minutes. reported it. These additional elements Section 8(b) of the Small Business Act (15 The Chair recognizes the gentleman have been added as a result of biparti- U.S.C. 637(b)) is amended— from Missouri [Mr. TALENT]. san efforts and, in fact, have involved (1) by striking ‘‘and’’ at the end of para- Mr. TALENT. Mr. Speaker, I yield the collective work of multiple com- graph (15); myself such time as I may consume. mittees. Title VI of H.R. 2261, as (2) by striking the period at the end of the The primary purpose of H.R. 2261 is amended, contains a number of provi- first paragraph (16) and inserting ‘‘; and’’; to reauthorize the Small Business Ad- sions which are designed to assist the (3) by striking the second paragraph (16); ministration and the programs which Federal Government in better serving and (4) by adding at the end the following new that agency manages by authority service disabled veterans and small paragraph: granted under the Small Business Act businesses owned by service disabled ‘‘(17) to make grants to, and enter into and the Small Business Investment Act veterans. These measures are the prod- contracts and cooperative agreements with, through fiscal year 2000. uct of bipartisan efforts by myself and H8078 CONGRESSIONAL RECORD — HOUSE September 29, 1997 the gentleman from New York [Mr. LA- By providing financial assistance for cerning any hazardous conditions and other- FALCE], the committee’s ranking mem- amounts as small as $500 to as much as wise cooperates in remediation efforts. ber, working together with the chair- $1,250,000, the SBA and its private sector Title II also makes several minor changes man of the Committee on Rules and partnersÐbank and non-bank lenders, surety and reforms to the SBIC program. The bill the chairman of the Committee on Vet- bond insurers, certified development compa- would provide SBICs with greater flexibility erans’ Affairs. nies, microlenders, and small business invest- and better access to financial markets and Title VII of this legislation is also ment companiesÐplay a vital role for small would improve the operations of SBA's invest- the product of a bipartisan and multi- businesses in this economy. The SBA is par- ment division. committee effort between the Commit- ticularly successful because it relies mostly on Finally, title II permanently authorizes the tee on Small Business and the Commit- private capital to provide financing to small Microloan Program, changing it from a dem- tee on Science. Title VII contains H.R. businesses. In addition, the SBA has become onstration program, and extends the guaran- 2429, as reported by the Committee on more responsive to the needs of small busi- teed Microloan Program by 3 years. This pro- Science, which is a 3-year reauthoriza- nesses by creating loan programs geared to gram provides loans of amounts below tion of the Pilot Small Business Tech- their special needs, including the LowDoc Pro- $25,000 and is designed to provide technical nology Transfer Program. Building gram with reduced paperwork for smaller bor- assistance, business counseling grants, and fi- upon the established model of the rowers, the Export Working Capital Program nancial assistance to very small businesses, in Small Business Innovation Research for small business exporters, and the particular startups and home-based busi- Program, the STTR program provides Microloan Program. Also, the SBA also pro- nesses. The Microloan Program has made the statutory basis for structured col- vides millions of dollars in vital disaster assist- over 5,000 loans totaling over $60 million to laborations between small technology ance to small businesses and homeowners small businesses since 1991. In addition, the bill authorizes the SBA and entrepreneurs and nonprofit research every year. institutions, such as universities or In addition, the SBA also provides counsel- its microlending partners to provide supple- federally funded Research and Develop- ing to small business owners. In fiscal year mental technical assistance in the form of transportation and child care assistance, to be ment Centers, to foster commercializa- 1997, the agency has provided counseling and paid from funds made available by other agen- tion of the results of federally spon- training to over 1 million of its small business cies. The House report on this bill reflected a sored research. clients through resource partners such as the concern expressed by two Democratic mem- Mr. Speaker, I urge my colleagues to Service Corps of Retired Executives [SCORE] bers, Messrs. BALDACCI and FLAKE, regarding support small business, the engine of and Small Business Development Centers the availability of transportation in economi- our economy, by voting for this needed [SBDC's]. cally depressed areas and the obstacles it legislation. These billions of dollars in assistance are poses to people looking for work. The commit- Mr. Speaker I reserve the balance of provided at a total cost of $850 million for pro- tee encourages funding of for-profit and coop- my time. grams and salaries and expenses. erative transportation businesses to provide Mr. LAFALCE. Mr. Speaker, I yield The bill reauthorizes the Small Business Ad- myself such time as I may consume. ministration's programs for 3 years, fiscal year links between these communities and job opportunities. (Mr. LAFALCE asked and was given 1998 through fiscal year 2000, and also Title III of the bill expands on SBA's pro- permission to revise and extend his re- makes significant improvements to them. The grams for Women's Business Enterprises, in- marks.) programs include the section 7(a) general cluding Women Business Centers, the SBA's Mr. LAFALCE. Mr. Speaker, I rise in business loan guarantee, the section 504 Cer- Office of Women's Business Ownership, and strong support of H.R. 2261. I concur tified Development Company [CDC], the the Women's Business Council, an effective fully in the remarks of the gentleman Microloan, the Small Business Investment advocacy organization. I am especially from Missouri [Mr. TALENT], the distin- Company [SBIC], SBDC, and SCORE Pro- pleased that this bill continues strong support guished chairman of the Committee on grams. I would like to describe some of the for women's business efforts, including ex- Small Business. bill's more important provisions. panding the women's business center pro- Mr. Speaker, I do not think it is nec- Title I of the bill sets forth the authorization gram, which provides seed funding for busi- essary to reiterate the contents of this levels for the various SBA programs. For ex- ness training centers across the country and is bill. Suffice it to say it is an important ample, in fiscal year 1998, funding is provided one of the most successful programs which bill. The bill is a product of tremen- to allow for $10 billion in guaranteed loans, SBA operates. The bill establishes a funding dous cooperation between the gen- with an increase to $11 billion in fiscal year formula for grantees receiving funds under this tleman from Missouri [Mr. TALENT] 1999, and $13 billion in fiscal year 2000. Like- program, increasing the time to 5 years, but and myself, between his staff and my wise the section 504 [CDC] program is author- requiring an increasing number of non-Federal staff, and amongst the various commit- ized at $3 billion in fiscal year 1998, an in- dollars for each Federal dollar, 2 non-Federal tees that were involved, too, the Com- crease of 340 million over current year levels, dollars for each Federal dollar in funding dur- mittee on Rules, the Subcommittee on $3.5 billion in fiscal year 1991, and $4.5 billion ing years four and five, for example. Technology, et cetera. in the year 2000. The bill authorizes increases Title V contains miscellaneous provisions. The gentleman from Missouri [Mr. in the Micro-loan Program, from increased For example, section 502 encourages SBA to TALENT] has shown excellence as chair- technical assistance to more funds for guaran- develop and expand an international trade man of the Committee on Small Busi- teed and direct loans. data network. This title also extends the Pre- ness. He will do nothing but grow in Title II improves various financial assistance ferred Surety Bond Program through fiscal that position and become even more programs to make them more sound, by in- year 2000. And, section 506 directs SBA to excellent, but I hope he will yield that creasing funding from the private sector and coordinate its programs and offer specific as- position unwillingly at the end of 1998. effectively liquidating those loans which do fail. sistance to small businesses that may have Mr. Speaker, I rise in strong support of H.R. In particular, title II makes significant im- been adversely affected by NAFTA. 2261. The bill, which was marked up by the provements in the section 504 [CDC] program. Chairman TALENT has included in the bill a Small Business Committee in late July, re- It expands the program to qualify more Cer- manager's amendment, which includes, first, a ceived broad bipartisan support and was tified Development Companies [CDC's]; estab- technical amendment; second, provisions to unanimously adopted by the Small Business lishes loan loss reserves to preferred lender require SBA to conduct a study on the small Committee. It reauthorizes and makes im- participants; authorizes participating CDC's to business needs of disabled veterans and to provements to a number of excellent SBA pro- foreclose on, liquidate, and litigate on de- expand SBA outreach to such veterans; and grams that have always had, and today do faulted loans, which should free up SBA re- third, a reauthorization for the Small Business have broad bipartisan support in this House. sources and substantially improve recovery Technology Transfer [STTR] Program. After The small business community has long rates for those loans which do fail; allows sell- negotiations with the Science Committee, been a key source of economic activity and a ers of property to provide financing of up to 50 Chairman TALENT and I agreed to a simple bill spur to job creation. But access to capital has percent, as long as the seller is subordinate to which reauthorizes the STTR program for 3 been a recurrent problem. The programs of the SBA's interest in the property; and pre- years. The bill, reported out by the Science the SBA annually provide over $13 billion of fi- vents SBA from delaying loan approval due to Committee, does not in any way change the nancial assistance to over 100,000 small busi- environmental concerns, if a prospective bor- STTR program. nesses, remedying shortfalls in access to rower obtains a letter of nonliability from the In summary, the bill will allow continuation credit and capital for small business. EPA or a State environmental agency con- of these current SBA programs, some of the September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8079 most effective business programs operated by which the gentleman serves, most of Mr. TALENT. I would be happy to the U.S. Government, and makes changes to which have some kind of set-aside pro- discuss this with the gentleman. This improve their effectiveness for small busi- grams. We are debating right now the is the securitization the gentleman has nesses, while protecting the government's in- Commerce, State, and Justice appro- been talking about? terest. I strongly urge an affirmative vote for priations bill which funds the Small Mr. BENTSEN. The gentleman is cor- H.R. 2261 today, so that we could go to con- Business Administration, including the rect. ference before the financial assistance and 8(a) program which is a set-aside pro- Mr. TALENT. Mr. Speaker, I appre- other SBA programs expire on September 30. gram, and that might be a good oppor- ciate the gentleman’s good work on Finally, I want to thank Chairman TALENT and tunity, if the gentleman wants to raise this. his staff for their cooperation in the process of the point, to raise that whole issue. We The agency has had this issue, as the coming up with this excellent bill. have not done it here. gentleman knows, since the bill we Mr. Speaker, I reserve the balance of This is a bill which reauthorizes a passed last year. I am hopeful that the my time. number of important programs, includ- agency can come up with a set of regu- Mr. TALENT. Mr. Speaker, I thank ing the disaster relief program. Mem- lations that do advance the ability of the gentleman for his kind comments, bers need to understand that if we do both bank and nonbank lenders to and I yield 2 minutes to the gentleman not pass this bill, that program will securitize these on the secondary mar- from Florida [Mr. MILLER]. run out at the end of the fiscal year un- ket as much as is consistent, of course, Mr. MILLER of Florida. Mr. Speaker, less it is extended by a CR. with sound lending practices, and I rec- as a former small businessman before We are moving toward privatization ognize the gentleman’s background on entering Congress, I certainly recog- of a number of these lending programs that, and I am very pleased that he is nize the importance of small business. and greater efficiency in these pro- working to midwife some acceptable My community in Florida, in Sarasota, grams. The gentleman knows that the compromise in that area. is totally dependent on small business. appropriations for the SBA is going Mr. BENTSEN. Also, reclaiming my And certainly the Small Business Ad- down, and I would expect that it would time, I have been in some meetings ministration does a lot of very fine continue to go down under this author- with the SBA about this. I agree that things and should continue. ization, and that is certainly my inten- we need to ensure that there are pru- tion. dent lending standards that ensure the b 1315 As for bringing up on suspension, we safety and soundness as it relates to I have some concerns, this being are getting near the end of the year. the tax back guarantee of the 7(a) brought up under suspension, for a The bill came out unanimously from loans and how that relates to the rather significant increase in money, committee. It does an awful lot of good unsecuritized portion. and maybe I need to have explained to things, and up until the last few days I do have some concerns with what me a little bit more, because the total nobody had raised any issues. I would SBA has been proposing that may, in amount of money authorized is a sig- maintain that the issue regarding set- fact, go overboard and, in fact, may nificant increase over what is cur- asides is extraneous to this bill, al- have additional motives beyond safety rently being appropriated, and I recog- though, of course, Members are enti- and soundness, which is what I think nize this still has to go through the ap- tled to conclude what they want. primarily the concern of the commit- So I hope the Members will support propriation process, and as a member tee and House ought to be. this, and I understand the issue regard- of the Committee on Appropriations, Mr. LAFALCE. Mr. Speaker, will the ing set-asides is a very important one. though not the subcommittee for small gentleman yield? business, I will be able to follow this. I feel strongly about it myself, but it is Mr. BENTSEN. I yield to my col- truly extraneous to this bill, and I But under the 1997 bill, appropriation league from New York, who is also would suggest that Members look for bill, we have an authorization or out- aware of this. other vehicles if they do want to raise lays of $820 million, and it is going to Mr. LAFALCE. Mr. Speaker, this is increase next year to $1.3 billion. So it the issue. an issue that both the chairman and I Mr. LAFALCE. Mr. Speaker, I yield 5 is a rather significant increase that have discussed at considerable length, minutes to the gentleman from Texas concerns me, that we are doing this we have discussed with representatives [Mr. BENTSEN]. under suspension, where we have no op- (Mr. BENTSEN asked and was given from the Small Business Administra- portunity to offer amendments and permission to revise and extend his re- tion, and I am concerned that we do question it. While there are many good marks.) not have some more definitive position programs, there have been concerns Mr. BENTSEN. Mr. Speaker, I thank coming from the SBA. about set-aside issues also under the the gentleman for yielding this time to We had hoped in the last Congress Small Business Administration. me, and there is an issue within this that they would have promulgated de- So, I, or I think the gentleman from bill that I wanted to discuss, if I could, finitive regulations by this time. But California [Mr. CONDIT], may be asking with both the chairman and the rank- in consultation with them, I became for a recorded vote because of concerns ing member as it relates to the concerned that they might be confus- of bringing this under this particular unsecuritized portion of 7(a) loans. ing their purposes, that they instead of suspension. I am a former, I served on this com- focusing exclusively on securitization Mr. TALENT. Mr. Speaker, I yield mittee in the last Congress, I do not issues, on creditworthy issues and safe- myself such time as I may consume, serve on the committee in this Con- ty and soundness issues, et cetera, they and I appreciate the gentleman’s com- gress, and in the last Congress when we might be focusing additionally on the ments. were working on this bill, the issue of issue of concentration of lending. And I Let me just say that if we take the certain SBA rules as it related to the think it is appropriate for them to reauthorization levels over the next 3 unsecuritized portion of 7(a) loans focus on concentration of lending and years, the authorization is not going came up. do something about it, if it is nec- up, it is going down. The bill does not I have a great deal of concern with essary, but not within the context of mention or refer to any of the set-aside the SBA and the direction that they securitization rules. They are totally programs in the Small Business Ad- are headed on this. I appreciate the separate and distinct. They should deal ministration, and that was done delib- fact that the bill, as I understand it, ei- with securitization issues and promul- erately as a result of agreement be- ther asked or requires the SBA to ad- gating securitization rules. They tween the gentleman and myself. In dress this issue within 90 days of enact- should deal with concentration issues fact, this is one of the few major bills ment, and, if I could, during my time I by promulgating concentration rules if dealing with any of the agencies which would like to discuss this with both the need be. does not mention any of the set-aside chairman and the ranking member. Further, there is clearly a distinction programs. Mr. TALENT. Mr. Speaker, will the between insured depository institu- For example, we have voted on appro- gentleman yield? tions and nonbank lenders, and while priations bills that have come out of Mr. BENTSEN. I yield to the gen- we want rough parity, that does not the Committee on Appropriations, in tleman from Missouri. mean that we must have identity of H8080 CONGRESSIONAL RECORD — HOUSE September 29, 1997 treatment; at least that is my judg- and all his staff have shown in working with benefit all small businesses. This bill reauthor- ment, and of course it is up to the SBA the Science Committee to reauthorize STTR. izes the Small Business Administration and its to make their own independent judg- STTR was started as a pilot program in programs which provide access to capital and ment exclusively based upon their per- 1994. STTR was enacted to provide high tech- services that might not otherwise be available ception of the public interest. nology, small businesses across the country to small business owners. Mr. BENTSEN. Mr. Speaker, I thank an opportunity to receive Federal R&D funding To highlight the SBA's importance, I would the gentleman for his comment, and, for ideas that were originated in, and devel- like too showcase what the SBA is doing in reclaiming my time, I will just close by oped in cooperation with, nonprofit research my district, in Rhode Island. Over the past 4 saying that we need and the SBA needs institutions such as universities. It is financed years there have been significant increases in to understand that we are dealing with by a 0.15 percent set-aside from the extra- the number of Small Business Administration sophisticated markets here which are mural R&D budgets of five agencies: the De- loans awarded. In fact the number of loans fairly transparent and that I would partment of Defense, the Department of En- has more than doubled. In 1993, there were hope that we would continue to have as ergy, the National Institutes of Health, the Na- 115 approved loans totaling $32.6 million, in much efficiency as the chairman spoke tional Aeronautics and Space Administration, 1996, there were 292 loans totaling $53.3 mil- about while maintaining and preserv- and the National Science Foundation. lion. ing safety and soundness. These ideas are developed under STTR in Importantly, in my district alone there have And I also would like to say for Mem- three phases. Phase I is a 1-year grant of up been dramatic improvements in access to cap- bers of the House that I congratulate to $100,000. It is primarily used to research ital for women, minorities, and veterans. In the chairman on this bill, I think, the viability of a technology. After phase I, a 1993, there were 8 loans to minorities, 17 to being his first major bill, his first time company may apply for phase II funding. women, and 14 to veterans. In 1996, we had as chairman, and of course the ranking Phase II is a 2-year award, of up to $500,000. 16 loans to minorities, 40 to women, and 46 member, and I am in strong support of Phase II award winners will further develop to veterans. That is, nearly 35 percent of all the legislation, and I appreciate the the technologyÐwith the goal of achieving approved SBA loans are going to these three fact that it does address this issue. phase III. Phase III is defined as commer- groups. By reauthorizing these programs we Mr. LAFALCE. Mr. Speaker, I have cialization of the technology, including use of will continue to provide the access to capital no further requests for time, and there- the technology by the Government. STTR that those groups need allowing us to expand fore I yield back the balance of my funds are not used for phase III. opportunities to women, minorities, and veter- time. H.R. 2429 will reauthorize STTR at its cur- ans. I cannot overstate the impact of small busi- Mr. TALENT. Mr. Speaker, I yield rent set-aside of 0.15 percent through fiscal ness on Rhode Island's economy. Approxi- myself such time as I may consume. year 2000. The measure also makes some mately 97 percent of all businesses in Rhode Mr. Speaker, I just want to say be- significant improvements to the program. Island are classified as small businesses. cause I want to make sure I did not H.R. 2429 requires the STTR participating These companies employ thousands of Rhode misspeak before, when we authorize agencies to include STTR in their annual per- Islanders and provide the economic foundation these lending programs in this commit- formance plans, as required by the Results of my State and our country. Small businesses tee, the authorization level goes to the Act. This plan will result in each agency defin- play a vital role in job creation and provide total amount of loans that are author- ing program goals and setting out metrics to ized; in other words, the total loan vol- endless opportunities for our citizens. measure these goals. I believe that the plan Along with the financial programs, the SBA ume. will give Congress a clearer picture of the ef- provides services to assist business owners in We do expect that as a result of the fectiveness of the STTR Program. In addition becoming or remaining successful. Once a kinds of changes that are being insti- to the performance plan, H.R. 2429 requires business has a loan we must make sure that tuted in the last few years and over at each agency to include programs under 15 the business stays healthy and profitable the agency the amount of loan volume U.S.C. 638 in their strategic plan updates, enough to repay that loan. Services provided that we will be able to support with again a requirement under the Results Act. by programs such as Small Business Develop- current or less appropriations levels is The STTR program has been criticized in ment Centers, Service Corps of Retired Entre- going to go up. In other words, I antici- some circles for the disparity of awards among preneurs, Business Information Centers, Mi- pate that we will continue to reduce States. To address this concern, H.R. 2429 nority Enterprise Development program, and appropriations for the lending pro- mandates the Small Business Administration Women's Business Enterprise program supply grams for this agency. to develop an outreach program for small information and counseling services to busi- At the same time, I do expect that businesses and universities from States that ness owners. These services are invaluable to the loan volume is going to go up, so I have not received 20 or more STTR or Small the smallest businesses who do not have the think we are going to see appropria- Business Innovation Research [SBIR] awards budgets to hire high-priced consultants. tions going down; it is going down this in the previous 2 fiscal years. I do not favor Small businesses are the backbone of our year. This agency is more than going mandating a set-aside for these States, but I economy. They account for 53 percent of the to do its part in terms of meeting a do believe that through this program we will Nation's private workforce. Small businesses balanced budget, but I would expect see an increase in the number of award appli- generate more than 50 percent of the gross the overall loan volumes, I hope that cations, which should serve to strengthen domestic product and are the primary source we can support with those appropria- STTR. growth across the country. We, as leaders, tions, to go up. Finally, H.R. 2429 assures that the Commit- must do all we can to foster and encourage Mr. SENSENBRENNER. Mr. Speaker, last tee on Science will be added to the list of the development and growth of small busi- week in a bipartisan effort, the Committee on committee's receiving the Small Business Ad- nesses and this bill moves us in that direction. Science favorably reported H.R. 2429, as ministration's annual report on the STTR and This bill will allow us to continue to support ex- amended, a bill to reauthorize the Small Busi- SBIR Programs. isting small businesses and encourage the de- ness Technology Transfer Program [STTR] I am pleased that H.R. 2429 will be incor- velopment of new ones, both in Rhode Island through fiscal year 2000. This week, the Com- porated in its totality into H.R. 2261. It is also and across the country. I urge my colleagues mittee on Science and the Committee on my understanding that the Committee on to support it. Small Business, again working in a bipartisan Science will have an equal number of con- Mr. TALENT. Mr. Speaker, the primary pur- fashion, have agreed to incorporate H.R. 2429 ferees as the Small Business Committee on pose of H.R. 2261 is to reauthorize the Small into H.R. 2261, the Small Business Programs the STTR provision, when and if conference Business Administration [SBA] and the pro- Reauthorization and Amendments Acts of occurs with the Senate. I look forward to work- grams which that agency manages by author- 1997. ing with the Small Business Committee in rep- ity granted under the Small Business Act and I would like to thank the ranking member of resenting the House position on the STTR the Small Business Investment Act through fis- the Science committee, Mr. BROWN, the Sub- Program. cal year 2000. The committee regularly au- committee on Technology chairwoman, Mrs. Mr. WEYGAND. Mr. Speaker, I rise in sup- thorizes these programs for a 3-year period, MORELLA, and the ranking member of that port of H.R. 2261, the Small Business Pro- with the last reauthorization occurring in 1994 subcommittee, Mr. GORDON, for their efforts to grams Reauthorization and Amendments Act during the 103d Congress. The programs in- reauthorize STTR. I would also like to thank of 1997. First, I would like to thank Chairman clude the financial programs of the SBA: the the chairman of the Committee on Small Busi- TALENT and Mr. LAFALCE for their leadership 7(a) general business loan guarantee pro- ness, Mr. TALENT, for the great cooperation he and for producing a bill that will undoubtedly gram, the Section 504 Certified Development September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8081

Company program, the Microloan program ficacy of this program and changed it from Chairman SENSENBRENNER; ranking member, and the Small Business Investment Company demonstration to permanent program status. Mr. BROWN; the ranking member of the Sub- [SBIC] program. In addition to financial assistance, the SBA committee on Technology, Mr. GORDON; Mr. In addition, the bill will reauthorize the tech- also provides technical and managerial advice BARTLETT, as well as the other members from nical assistance and procurement programs of and assistance to hundreds of thousands of the Committee on Small Business who have the SBAÐthe Service Core of Retired Execu- small businesses every year through the small cosponsored H.R. 2429. tives [SCORES], the Women's Business Cen- business development centers, the women's The STTR program expires on September ter program, the Small Business Development business centers, and the Service Corps of 30th of this year. H.R. 2429 will reauthorize Center [SBDC] program, the Competitiveness Retired Executives. The committee reauthor- STTR at its current set-aside level through fis- Demonstration program, and other. izes these programs in H.R. 2261 and makes cal year 2000. This will put STTR on the same This legislation also changes and improves some valuable improvements to both the timeline as its parent program, the Small Busi- various programs, specifically modifying the Women's Business Center and Small Busi- ness Innovation Research Program. Section 504 Preferred Certified Lender Pro- ness Development Center programs. STTR fosters collaboration between small gram [PCLP], the SBIC program, the Women's The measure before us has two additional businesses and research institutions to de- Business Center program, and the SBDC pro- components that were added to this legislation velop high-technology projects that can one gram. since our committee reported it. These addi- day reach the marketplace or be used by the The programs of the Small Business Admin- tional elements have been added as a result Federal Government. Since its inception, istration annually provide over $14 billion of fi- of bipartisan efforts; and, in fact, have involved STTR has made nearly 800 awards totaling nancial assistance to over 100,000 small busi- the collective work of multiple committees. over $115 million. Of those totals, 42 awards nesses all across the United States. These fi- Title VI of H.R. 2261, as amended, contains a for $4.8 million have gone to Maryland small nancial programs remedy shortfalls in access number of provisions which are designed to businesses. to credit and capital for small businesses that assist the Federal Government in better serv- As Chairman SENSENBRENNER has stated, are in need because of unfortunate imperfec- ing service disabled veterans and small busi- H.R. 2429 addresses some important con- tions in our national economy. By assuring fi- nesses owned by service disabled veterans. cerns regarding the STTR Program, including nancial assistance for amounts as small as These measures are the product of bipartisan establishing goals for the program, and estab- $500 to as much as $1,250,000, the SBA and efforts by myself and our committee's ranking lishing an outreach program to increase the its private sector partnersÐbank and nonmember, working together with the chairman participation of those states that have been bank lenders, surety bond insurers, certified of the Rules Committee and the chairman of under-represented in the STTR Program. development companies, microlenders, and the Committee on Veterans' Affairs. STTR began in 1994. Very few ideas have small business investment companiesÐpro- Title VII of this legislation is also the product even reached the phase II level. Because of vide a vital impetus to the small business sec- of a bipartisan and multicommittee effort be- its infancy, it was difficult to determine whether tor of the economy. The SBA also provides tween the Small Business Committee and the STTR was a success or not. I hope thatÐwith hundreds of millions of dollars in vital disaster Science Committee. Title VII contains H.R. the changes made by H.R. 2429Ðalong with assistance to small businesses and home- 2429, as reported by the Committee on 3 more years of data, Congress will have a owners every year. Science, which is a 3-year reauthorization of better idea of the effectiveness and success of H.R. 2261 reflects the committee's dedica- the Pilot Small Business Technology Transfer the program when its reauthorization expires tion to and support for these programs and the [STTR] program. Building upon the estab- in the year 2000. belief that they are not only necessary but lished model of the Small Business Innovation Mr. TALENT. I have no further also constantly in need of refinement and im- Research [SBIR] program, the STTR Program speakers on this side, Mr. Speaker, and provement as the economy shifts and provides the statutory basis for structured col- so I yield back the balance of my time. changes. The bill includes not only the basic laborations between small technology entre- The SPEAKER pro tempore. The reauthorization language necessary to con- preneurs and nonprofit research institutions, question is on the motion offered by tinue regular operations but also changes to such as universities or Federal-funded re- the gentleman from Missouri [Mr. TAL- the underlying program structures. search and development centers [FFRDC's], ENT] that the House suspend the rules The bill includes significant improvements in to foster commercialization of the results of and pass the bill, H.R. 2261, as amend- the Preferred Certified Lender Program of the federally sponsored research. ed. Section 504 Certified Development Company Mr. Speaker, H.R. 2261 is the product of bi- The question was taken. Program. These changes serve to help imple- partisan efforts in our committee to reauthorize Mr. MILLER of Florida. Mr. Speaker, ment the committee's goals of increased reli- the Small Business Administration through fis- I object to the vote on the ground that ance on private sector lending partners. The cal year 2000. It also reflects the efforts of a quorum is not present and make the committee seeks to both enable the certified other individuals and committees and their point of order that a quorum is not development companies to take additional re- staffs. I would like to thank Mr. SENSEN- present. sponsibility for servicing, liquidation, and litiga- BRENNER, the chairman of the Committee on The SPEAKER pro tempore. Pursu- tion of defaulted loans, and to improve the re- Science, and Mr. BROWN, his ranking member, ant to clause 5, rule I, and the Chair’s coveries for this program. for their work on H.R. 2429, which has be- prior announcement, further proceed- Committee hearings revealed that recover- come title VII of this legislation. I would also ings on this motion will be postponed. ies are, in fact, the largest single factor in the like to express my appreciation to their staff The point of no quorum is considered increased subsidy cost of the 504 program. who worked on this. I would also like to thank withdrawn. The committee continues to be concerned Mr. STUMP, the chairman of the Veterans' Af- f over the subsidy estimates for the 7(a) and fairs Committee, and Mr. SOLOMON, the chair- 504 programs and makes these changes in man of the Rules Committee, along with their GENERAL LEAVE the 504 program in order to encourage private staffs, for their help in working on title VI of Mr. TALENT. Mr. Speaker, I ask sector participation in the liquidation process. this legislation. I would also like to thank our unanimous consent that all Members H.R. 2261 also continues the committee's committee's ranking member, Mr. LAFALCE, for may have 5 legislative days within work on improving the Small Business Invest- all of his help in helping to craft this legislation which to revise and extend their re- ment Company program. Last year this pro- and assisting in bringing it to this floor. Finally, marks on H.R. 2261, the bill just consid- gram underwent significant changes, and this I would like to acknowledge the Small Busi- ered year the committee seeks to build on those ness Committee staff who worked on this leg- The SPEAKER pro tempore. Is there improvements by providing SBIC's with in- islation: Emily Murphy, Mary McKenzie, objection to the request of the gen- creased flexibility and some responsiveness in Charles ``Tee'' Rowe, and Harry Katrichis for tleman from Missouri? order to better allow the SBIC's to interact in the majority, and Jeanne Roslanowick, Steve There was no objection. the marketplace and thereby reduce risks of McSpadden, and Tom Powers for the minority. f loss. I urge my colleagues to vote for this impor- The bill also reauthorizes and improves the tant legislation. CHILD SUPPORT INCENTIVE ACT Microloan program. Begun in 1991, this pro- Mrs. MORELLA. Mr. Speaker, I am de- OF 1997 gram has served the smallest and often least lighted that the bipartisan bill H.R. 2429 will be Mr. SHAW. Mr. Speaker, I move to noticed segment of the small business com- included as an amendment to the small busi- suspend the rules and pass the bill munity. The committee has recognized the ef- ness reauthorization bill. I would like to thank (H.R. 2487) to improve the effectiveness H8082 CONGRESSIONAL RECORD — HOUSE September 29, 1997 and efficiency of the child support en- tablishment performance level for a State for a ‘‘If the support order performance The applica- forcement program and thereby in- fiscal year is, at the option of the State, the IV- level is: ble percent- D paternity establishment percentage deter- crease the financial stability of single At least: But less than: age is: parent families, including those at- mined under section 452(g)(2)(A) or the statewide paternity establishment percentage deter- 61% ...... 62% ...... 71 tempting to leave welfare, as amended. mined under section 452(g)(2)(B). 60% ...... 61% ...... 70 The Clerk read as follows: ‘‘(ii) DETERMINATION OF APPLICABLE PERCENT- 59% ...... 60% ...... 69 H.R. 2487 AGE.—The applicable percentage with respect to 58% ...... 59% ...... 68 a State’s paternity establishment performance 57% ...... 58% ...... 67 Be it enacted by the Senate and House of Rep- 56% ...... 57% ...... 66 resentatives of the United States of America in level is as follows: 55% ...... 56% ...... 65 Congress assembled, 54% ...... 55% ...... 64 ‘‘If the paternity establishment per- 53% ...... 54% ...... 63 SECTION 1. SHORT TITLE. formance level is: The applica- This Act may be cited as the ‘‘Child Support ble percent- 52% ...... 53% ...... 62 At least: But less than: age is: 51% ...... 52% ...... 61 Incentive Act of 1997’’. 50% ...... 51% ...... 60 SEC. 2. INCENTIVE PAYMENTS TO STATES. 80% ...... 100 0% ...... 50% ...... 0. (a) IN GENERAL.—Part D of title IV of the So- 79% ...... 80% ...... 98 cial Security Act (42 U.S.C. 651–669) is amended 78% ...... 79% ...... 96 Notwithstanding the preceding sentence, if the by inserting after section 458 the following: 77% ...... 78% ...... 94 76% ...... 77% ...... 92 support order performance level of a State for a ‘‘SEC. 458A. INCENTIVE PAYMENTS TO STATES. 75% ...... 76% ...... 90 fiscal year is less than 50 percent but exceeds by ‘‘(a) IN GENERAL.—In addition to any other 74% ...... 75% ...... 88 at least 5 percentage points the support order payment under this part, the Secretary shall, 73% ...... 74% ...... 86 performance level of the State for the imme- subject to subsection (f), make an incentive pay- 72% ...... 73% ...... 84 diately preceding fiscal year, then the applica- ment to each State for each fiscal year in an 71% ...... 72% ...... 82 ble percentage with respect to the State’s sup- amount determined under subsection (b). 70% ...... 71% ...... 80 port order performance level is 50 percent. 69% ...... 70% ...... 79 ‘‘(b) AMOUNT OF INCENTIVE PAYMENT.— 68% ...... 69% ...... 78 ‘‘(C) COLLECTIONS ON CURRENT CHILD SUPPORT ‘‘(1) IN GENERAL.—The incentive payment for 67% ...... 68% ...... 77 DUE.— a State for a fiscal year is equal to the sum of 66% ...... 67% ...... 76 ‘‘(i) DETERMINATION OF CURRENT PAYMENT the applicable percentages (determined in ac- 65% ...... 66% ...... 75 PERFORMANCE LEVEL.—The current payment cordance with paragraph (3)) of the maximum 64% ...... 65% ...... 74 performance level for a State for a fiscal year is incentive amount for the State for the fiscal 63% ...... 64% ...... 73 equal to the total amount of current support col- year, with respect to each of the following meas- 62% ...... 63% ...... 72 lected during the fiscal year under the State ures of State performance for the fiscal year: 61% ...... 62% ...... 71 60% ...... 61% ...... 70 ‘‘(A) The paternity establishment performance plan approved under this part divided by the 59% ...... 60% ...... 69 total amount of current support owed during level. 58% ...... 59% ...... 68 ‘‘(B) The support order performance level. the fiscal year in all cases under the State plan, 57% ...... 58% ...... 67 expressed as a percentage. ‘‘(C) The current payment performance level. 56% ...... 57% ...... 66 ‘‘(D) The arrearage payment performance 55% ...... 56% ...... 65 ‘‘(ii) DETERMINATION OF APPLICABLE PERCENT- level. 54% ...... 55% ...... 64 AGE.—The applicable percentage with respect to ‘‘(E) The cost-effectiveness performance level. 53% ...... 54% ...... 63 a State’s current payment performance level is 52% ...... 53% ...... 62 ‘‘(2) MAXIMUM INCENTIVE AMOUNT.— as follows: 51% ...... 52% ...... 61 ‘‘(A) IN GENERAL.—For purposes of paragraph 50% ...... 51% ...... 60 (1), the maximum incentive amount for a State 0% ...... 50% ...... 0. ‘‘If the current payment performance for a fiscal year is— level is: The applica- ‘‘(i) with respect to the performance measures ble percent- Notwithstanding the preceding sentence, if the age is: described in subparagraphs (A), (B), and (C) of paternity establishment performance level of a At least: But less than: paragraph (1), 0.49 percent of the State collec- State for a fiscal year is less than 50 percent but tions base for the fiscal year; and 80% ...... 100 exceeds by at least 10 percentage points the pa- 79% ...... 80% ...... 98 ‘‘(ii) with respect to the performance measures ternity establishment performance level of the 78% ...... 79% ...... 96 described in subparagraphs (D) and (E) of para- State for the immediately preceding fiscal year, 77% ...... 78% ...... 94 graph (1), 0.37 percent of the State collections then the applicable percentage with respect to 76% ...... 77% ...... 92 base for the fiscal year. the State’s paternity establishment performance 75% ...... 76% ...... 90 74% ...... 75% ...... 88 ‘‘(B) DATA USED TO CALCULATE RATIOS RE- level is 50 percent. QUIRED TO BE COMPLETE AND RELIABLE.—Not- 73% ...... 74% ...... 86 ‘‘(B) ESTABLISHMENT OF CHILD SUPPORT OR- withstanding subparagraph (A), the maximum 72% ...... 73% ...... 84 DERS.— 71% ...... 72% ...... 82 incentive amount for a State for a fiscal year ‘‘(i) DETERMINATION OF SUPPORT ORDER PER- 70% ...... 71% ...... 80 with respect to a performance measure described FORMANCE LEVEL.—The support order perform- 69% ...... 70% ...... 79 in paragraph (1) is zero, unless the Secretary ance level for a State for a fiscal year is the per- 68% ...... 69% ...... 78 determines, on the basis of an audit performed centage of the total number of cases under the 67% ...... 68% ...... 77 under section 452(a)(4)(C)(i), that the data 66% ...... 67% ...... 76 State plan approved under this part in which 65% ...... 66% ...... 75 which the State submitted pursuant to section there is a support order during the fiscal year. 454(15)(B) for the fiscal year and which is used 64% ...... 65% ...... 74 ‘‘(ii) DETERMINATION OF APPLICABLE PERCENT- 63% ...... 64% ...... 73 to determine the performance level involved is AGE.—The applicable percentage with respect to 62% ...... 63% ...... 72 complete and reliable. a State’s support order performance level is as 61% ...... 62% ...... 71 ‘‘(C) STATE COLLECTIONS BASE.—For purposes follows: 60% ...... 61% ...... 70 of subparagraph (A), the State collections base 59% ...... 60% ...... 69 for a fiscal year is equal to the sum of— 58% ...... 59% ...... 68 ‘‘(i) 2 times the sum of— 57% ...... 58% ...... 67 ‘‘If the support order performance The applica- ‘‘(I) the total amount of support collected dur- level is: 56% ...... 57% ...... 66 ble percent- 55% ...... 56% ...... 65 ing the fiscal year under the State plan ap- age is: At least: But less than: 54% ...... 55% ...... 64 proved under this part in cases in which the 53% ...... 54% ...... 63 support obligation involved is required to be as- 80% ...... 100 52% ...... 53% ...... 62 signed to the State pursuant to part A or E of 79% ...... 80% ...... 98 51% ...... 52% ...... 61 this title or title XIX; and 78% ...... 79% ...... 96 50% ...... 51% ...... 60 ‘‘(II) the total amount of support collected 77% ...... 78% ...... 94 49% ...... 50% ...... 59 during the fiscal year under the State plan ap- 76% ...... 77% ...... 92 48% ...... 49% ...... 58 75% ...... 76% ...... 90 proved under this part in cases in which the 47% ...... 48% ...... 57 74% ...... 75% ...... 88 46% ...... 47% ...... 56 support obligation involved was so assigned but, 73% ...... 74% ...... 86 45% ...... 46% ...... 55 at the time of collection, is not required to be so 72% ...... 73% ...... 84 44% ...... 45% ...... 54 assigned; and 71% ...... 72% ...... 82 43% ...... 44% ...... 53 ‘‘(ii) the total amount of support collected 70% ...... 71% ...... 80 42% ...... 43% ...... 52 during the fiscal year under the State plan ap- 69% ...... 70% ...... 79 41% ...... 42% ...... 51 proved under this part in all other cases. 68% ...... 69% ...... 78 40% ...... 41% ...... 50 67% ...... 68% ...... 77 0% ...... 40% ...... 0. ‘‘(3) DETERMINATION OF APPLICABLE PERCENT- 66% ...... 67% ...... 76 AGES BASED ON PERFORMANCE LEVELS.— 65% ...... 66% ...... 75 ‘‘(A) PATERNITY ESTABLISHMENT.— 64% ...... 65% ...... 74 Notwithstanding the preceding sentence, if the ‘‘(i) DETERMINATION OF PATERNITY ESTABLISH- 63% ...... 64% ...... 73 current payment performance level of a State for MENT PERFORMANCE LEVEL.—The paternity es- 62% ...... 63% ...... 72 a fiscal year is less than 40 percent but exceeds September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8083 by at least 5 percentage points the current pay- ‘‘(ii) DETERMINATION OF APPLICABLE PERCENT- plementation of the incentive payment system ment performance level of the State for the im- AGE.—The applicable percentage with respect to established by section 458A of the Social Secu- mediately preceding fiscal year, then the appli- a State’s cost-effectiveness performance level is rity Act, in order to identify the problems and cable percentage with respect to the State’s cur- as follows: successes of the system. rent payment performance level is 50 percent. (B) REPORTS TO THE CONGRESS.— ‘‘(D) COLLECTIONS ON CHILD SUPPORT ARREAR- (i) REPORT ON VARIATIONS IN STATE PERFORM- AGES.— ‘‘If the cost effectiveness performance ANCE ATTRIBUTABLE TO DEMOGRAPHIC VARI- level is: The applica- ‘‘(i) DETERMINATION OF ARREARAGE PAYMENT ble percent- ABLES.—Not later than October 1, 2000, the Sec- PERFORMANCE LEVEL.—The arrearage payment At least: But less than: age is: retary shall submit to the Congress a report that performance level for a State for a fiscal year is identifies any demographic or economic vari- equal to the total number of cases under the 5.00 ...... 100 ables that account for differences in the per- State plan approved under this part in which 4.50 ...... 4.99 ...... 90 4.00 ...... 4.50 ...... 80 formance levels achieved by the States with re- payments of past-due child support were re- 3.50 ...... 4.00 ...... 70 spect to the performance measures used in the ceived during the fiscal year and part or all of 3.00 ...... 3.50 ...... 60 system, and contains the recommendations of the payments were distributed to the family to 2.50 ...... 3.00 ...... 50 the Secretary for such adjustments to the system whom the past-due child support was owed (or, 2.00 ...... 2.50 ...... 40 as may be necessary to ensure that the relative if all past-due child support owed to the family 0.00 ...... 2.00 ...... 0. performance of States is measured from a base- was, at the time of receipt, subject to an assign- line that takes account of any such variables. ‘‘(c) TREATMENT OF INTERSTATE COLLEC- ment to the State, part or all of the payments (ii) INTERIM REPORT.—Not later than March 1, TIONS.—In computing incentive payments under were retained by the State) divided by the total 2001, the Secretary shall submit to the Congress this section, support which is collected by a number of cases under the State plan in which an interim report that contains the findings of State at the request of another State shall be there is past-due child support, expressed as a the study required by subparagraph (A). treated as having been collected in full by both percentage. (iii) FINAL REPORT.—Not later than October 1, States, and any amounts expended by a State in ‘‘(ii) DETERMINATION OF APPLICABLE PERCENT- 2003, the Secretary shall submit to the Congress carrying out a special project assisted under sec- AGE.—The applicable percentage with respect to a final report that contains the final findings of tion 455(e) shall be excluded. a State’s arrearage payment performance level is the study required by subparagraph (A). The re- ‘‘(d) ADMINISTRATIVE PROVISIONS.—The as follows: port shall include any recommendations for amounts of the incentive payments to be made changes in the system that the Secretary deter- to the States under this section for a fiscal year mines would improve the operation of the child ‘‘If the arrearage payment perform- shall be estimated by the Secretary at or before The applica- support enforcement program. ance level is: the beginning of the fiscal year on the basis of ble percent- (2) DEVELOPMENT OF MEDICAL SUPPORT INCEN- age is: the best information available. The Secretary At least: But less than: TIVE.— shall make the payments for the fiscal year, on (A) IN GENERAL.—The Secretary of Health and 80% ...... 100 a quarterly basis (with each quarterly payment Human Services, in consultation with State di- 79% ...... 80% ...... 98 being made no later than the beginning of the rectors of programs operated under part D of 78% ...... 79% ...... 96 quarter involved), in the amounts so estimated, 77% ...... 78% ...... 94 title IV of the Social Security Act and represent- reduced or increased to the extent of any over- 76% ...... 77% ...... 92 atives of children potentially eligible for medical payments or underpayments which the Sec- 75% ...... 76% ...... 90 support, shall develop a performance measure 74% ...... 75% ...... 88 retary determines were made under this section based on the effectiveness of States in establish- 73% ...... 74% ...... 86 to the States involved for prior periods and with ing and enforcing medical support obligations, 72% ...... 73% ...... 84 respect to which adjustment has not already and shall make recommendations for the incor- 71% ...... 72% ...... 82 been made under this subsection. Upon the mak- 70% ...... 71% ...... 80 poration of the measure, in a revenue neutral ing of any estimate by the Secretary under the 69% ...... 70% ...... 79 manner, into the incentive payment system es- preceding sentence, any appropriations avail- 68% ...... 69% ...... 78 tablished by section 458A of the Social Security 67% ...... 68% ...... 77 able for payments under this section are deemed Act. 66% ...... 67% ...... 76 obligated. (B) REPORT.—Not later than October 1, 1999, 65% ...... 66% ...... 75 ‘‘(e) REGULATIONS.—The Secretary shall pre- the Secretary shall submit to the Congress a re- 64% ...... 65% ...... 74 scribe such regulations as may be necessary gov- 63% ...... 64% ...... 73 port that describes the performance measure and erning the calculation of incentive payments 62% ...... 63% ...... 72 contains the recommendations required by sub- under this section, including directions for ex- 61% ...... 62% ...... 71 paragraph (A). 60% ...... 61% ...... 70 cluding from the calculations certain closed (e) TECHNICAL AMENDMENTS.— 59% ...... 60% ...... 69 cases and cases over which the States do not (1) IN GENERAL.—Section 341 of the Personal 58% ...... 59% ...... 68 have jurisdiction. Responsibility and Work Opportunity Reconcili- 57% ...... 58% ...... 67 ‘‘(f) REINVESTMENT.—A State to which a pay- 56% ...... 57% ...... 66 ment is made under this section shall expend the ation Act of 1996 (42 U.S.C. 658 note) is amend- 55% ...... 56% ...... 65 full amount of the payment— ed— 54% ...... 55% ...... 64 (A) by striking subsection (a) and redesignat- 53% ...... 54% ...... 63 ‘‘(1) to carry out the State plan approved under this part; or ing subsections (b), (c), and (d) as subsections 52% ...... 53% ...... 62 (a), (b), and (c), respectively; and 51% ...... 52% ...... 61 ‘‘(2) for any activity (including cost-effective 50% ...... 51% ...... 60 contracts with local agencies) approved by the (B) in subsection (c) (as so redesignated)— 49% ...... 50% ...... 59 Secretary, whether or not the expenditures for (i) by striking paragraph (1) and inserting the 48% ...... 49% ...... 58 which are eligible for reimbursement under this following: 47% ...... 48% ...... 57 part, which may contribute to improving the ef- ‘‘(1) CONFORMING AMENDMENTS TO PRESENT 46% ...... 47% ...... 56 SYSTEM.—The amendments made by subsection 45% ...... 46% ...... 55 fectiveness or efficiency of the State program operated under this part.’’. (a) of this section shall become effective with re- 44% ...... 45% ...... 54 spect to a State as of the date the amendments 43% ...... 44% ...... 53 (b) TRANSITION RULE.—Notwithstanding any 42% ...... 43% ...... 52 other provision of law— made by section 103(a) (without regard to sec- 41% ...... 42% ...... 51 (1) for fiscal year 2000, the Secretary shall re- tion 116(a)(2)) first apply to the State.’’; and 40% ...... 41% ...... 50 duce by 1⁄3 the amount otherwise payable to a (ii) in paragraph (2), by striking ‘‘(c)’’ and in- 0% ...... 40% ...... 0. State under section 458, and shall reduce by 2⁄3 serting ‘‘(b)’’. the amount otherwise payable to a State under (2) EFFECTIVE DATE.—The amendments made Notwithstanding the preceding sentence, if the section 458A; and by this section shall take effect as if included in arrearage payment performance level of a State (2) for fiscal year 2001, the Secretary shall re- the enactment of section 341 of the Personal Re- for a fiscal year is less than 40 percent but ex- duce by 2⁄3 the amount otherwise payable to a sponsibility and Work Opportunity Reconcili- ceeds by at least 5 percentage points the arrear- State under section 458, and shall reduce by 1⁄3 ation Act of 1996. age payment performance level of the State for the amount otherwise payable to a State under (f) ELIMINATION OF PREDECESSOR INCENTIVE the immediately preceding fiscal year, then the section 458A. PAYMENT SYSTEM.— applicable percentage with respect to the State’s (c) REGULATIONS.—Within 9 months after the (1) REPEAL.—Section 458 of the Social Security arrearage payment performance level is 50 per- date of the enactment of this section, the Sec- Act (42 U.S.C. 658) is repealed. cent. retary of Health and Human Services shall pre- (2) CONFORMING AMENDMENTS.— ‘‘(E) COST-EFFECTIVENESS.— scribe regulations governing the implementation (A) Section 458A of the Social Security Act (42 ‘‘(i) DETERMINATION OF COST-EFFECTIVENESS of section 458A of the Social Security Act when U.S.C. 658a) is redesignated as section 458. PERFORMANCE LEVEL.—The cost-effectiveness such section takes effect and the implementation (B) Subsection (d)(1) of this section is amend- performance level for a State for a fiscal year is of subsection (b) of this section. ed by striking ‘‘458A’’ and inserting ‘‘458’’. equal to the total amount collected during the (d) STUDIES.— (3) EFFECTIVE DATE.—The amendments made fiscal year under the State plan approved under (1) GENERAL REVIEW OF NEW INCENTIVE PAY- by this subsection shall take effect on October 1, this part divided by the total amount expended MENT SYSTEM.— 2001. during the fiscal year under the State plan, ex- (A) IN GENERAL.—The Secretary of Health and (g) GENERAL EFFECTIVE DATE.—Except as oth- pressed as a ratio. Human Services shall conduct a study of the im- erwise provided in this section, the amendments H8084 CONGRESSIONAL RECORD — HOUSE September 29, 1997 made by this section shall take effect on October children can start getting the financial tablishment of child support orders; 1, 1999. support they need and deserve. collection on current child support The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of owed; collection on previously or past ant to the rule, the gentleman from my time. due child support owed; and cost-effec- Florida [Mr. SHAW] and the gentleman b 1330 tiveness. These measures will more ac- from Michigan [Mr. LEVIN] each will curately reflect the true performance control 20 minutes. Mr. LEVIN. Mr. Speaker, I yield my- of the States and their success in help- The Chair recognizes the gentleman self such time as I may consume. ing families achieve self-sufficiency. from Florida [Mr. SHAW]. I want to thank the gentleman from To be sure, a wholesale change of this HAW GENERAL LEAVE Florida [Mr. S ], and I wish to ex- magnitude may be a bit daunting to Mr. SHAW. Mr. Speaker, I ask unani- press my appreciation for the biparti- States because of the uncertainty of mous consent that all Members have 5 san spirit with which this important the size of incentive payments coupled legislative days in which to revise and piece of legislation has been developed. with the dramatic changes our entire extend their remarks and include ex- I would also like to congratulate the welfare system is undergoing. But be- traneous material on H.R. 2487. administration, HHS, Secretary fore we conclude that some States may The SPEAKER pro tempore. Is there Shalala and all of her staff, and I would lose Federal funds under this new sys- objection to the request of the gen- like to congratulate the staffs of our tem, let us remember that it will be tleman from Florida? committee, Dr. Haskins, who is here, several years before the new incentives There was no objection. Deborah Colton, who is on the floor are fully implemented, and the goal is Mr. SHAW. Mr. Speaker, the Federal with us, my own staff, as well as oth- for all States to continue working and Government now spends nearly half a ers, because today we are poised to to qualify for the new incentives. billion dollars per year providing the take an important next step in our In the past decade, we have made States with incentive payments for continuing efforts to assure that every progress, but as said, much more re- good performance in collecting child kid in this country is supported by mains to be done, and as the gentleman support, but the current system has se- both parents. A job that pays a living from Florida [Mr. SHAW], has said so rious deficiencies. wage is one component of self-suffi- well throughout these proceedings, this The Federal Government provides ciency for families, and for single par- bill can help. more than half the incentive money ents, a child support order and a non- Our legislation redesigns the financ- virtually without regard to perform- custodial parent who supports the fam- ing of the child support program to re- ance. Even worse, although many ily every month can be equally impor- ward those States that perform best. States have poor child support pro- tant. We fine-tune the incentive payments grams, current laws allow States to use Last year we devoted considerable we make to the States so that those the incentive payment as a kind of time and attention to one aspect of as- States that operate a balanced and effi- kitty for the State treasury. Thus, suring the financial security of Ameri- cient program are rewarded, and we money that should be used to improve ca’s children: making work a central phase in the new system, and that child support programs is used by some element of our Nation’s welfare laws. should be emphasized, to minimize any States to build roads and bridges. After all, a job paying a living wage is disruptions at the State level. The new system we are considering probably the most important compo- This bill is a bipartisan product. It is today, based on work by the adminis- nent of self-sufficiency for families on truly a consensus proposal, and I am tration, directors of State and child welfare. sure that the gentleman from Florida Another essential part of welfare re- support programs, and a bipartisan co- [Mr. SHAW] and all of the Members of alition headed by the gentleman from form is child support. It sends a mes- our committee, and I think the House Michigan [Mr. LEVIN] and me, solves sage of responsibility to both parents today, will join in expressing this hope, both of these problems and more. and it is a vital part of moving families that we will not only pass this bill in Under this bill, which was approved toward work and self-sufficiency. this House but the Senate will act on it unanimously by the Committee on We have seen some progress since the before it adjourns for the year. Ways and Means, every penny of the in- 1970’s when Congress began to insist Mr. Speaker, I reserve the balance of centive money will be based on per- that States give priority to child sup- my time. formance and States can use the port enforcement. Collections have Mr. SHAW. Mr. Speaker, I do not money only on child support activities. risen from $1 billion a year to more have any further requests for time, and The new incentive system created by than $11 billion in 1995; and in that I yield back the balance of my time. this legislation is simply one more tool same year, more than 5 million parents Mr. LEVIN. Mr. Speaker, I yield back that Congress has enacted to improve were located and paternity was estab- the balance of my time. the performance of the Federal-State lished for over 600,000 children. The SPEAKER pro tempore. The child support program. Many other But that is not good enough. Of the question is on the motion offered by 9.9 million female-headed families in tools are just now being put in place by the gentleman from Florida [Mr. SHAW] State governments as required under 1991 eligible for child support, only 56 that the House suspend the rules and last year’s welfare reform law. percent had child support orders. That pass the bill, H.R. 2487, as amended. Once all of last year’s reforms are in means that 4.5 million families did not The question was taken; and (two- place and once the new incentive pro- even have an order to enforce. Those thirds having voted in favor thereof) gram begins to reward high-perform- with child support orders were not al- the rules were suspended and the bill, ance States, I believe we will see a ways much better off. Only about half as amended, was passed. steady improvement in the child sup- of those due money from a noncusto- A motion to reconsider was laid on port program as more and more single- dial parent actually received 100 per- the table. parent families and children receive cent of their court-ordered child sup- sorely needed cash and medical support payments. f port. Perhaps of the greatest impor- Well, in the mid-1980’s when we de- tance, many hundreds of thousands of signed the current incentive system, those helped will be single parents we did the best we could with limited SECURITIES AND EXCHANGE COM- struggling to leave welfare and to stay information available to us. But now, MISSION AUTHORIZATION, FIS- off of welfare. after nearly a decade of experience, we CAL YEARS 1998 AND 1999 This bill enjoys bipartisan support are in a position to create a more so- Mr. OXLEY. Mr. Speaker, I move to and was developed in close cooperation phisticated system that truly rewards suspend the rules and pass the bill with the administration. The reforms performance. (H.R. 1262) to authorize appropriations made by this bill will greatly improve The new system will reward States for the Securities and Exchange Com- the child support program. Let us bring with incentive funds based on the mission for fiscal years 1998 and 1999, this bill out of the House with a re- State’s performance in 5 essential and for other purposes. sounding voice so that the Nation’s areas: establishment of paternity; es- The Clerk read as follows: September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8085

H.R. 1262 As our markets are expanding, they Massachusetts [Mr. MARKEY], as co- Be it enacted by the Senate and House of Rep- are also developing. The astonishing sponsors. This legislation is as nec- resentatives of the United States of America in advancements in technology in recent essary for the economy as it is for in- Congress assembled, years are creating new mechanisms for vestors, and I urge all of my colleagues SECTION 1. SHORT TITLE. investors to access our markets and to to join us with their support. This Act may be cited as the ‘‘Securities Mr. Speaker, I reserve the balance of and Exchange Commission Authorization obtain better, faster information about Act of 1997’’. market activity. my time. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Against this backdrop, this legisla- Mr. MANTON. Mr. Speaker, I yield Section 35 of the Securities Exchange Act tion takes on increased significance. myself such time as I may consume. of 1934 (15 U.S.C. 78kk) is amended to read as The Securities and Exchange Commis- Mr. Speaker, I am pleased to join my follows: sion is, indeed, the investor’s advocate. colleague, the gentleman from Ohio ‘‘SEC. 35. AUTHORIZATION OF APPROPRIATIONS. The growth and success of our great [Mr. OXLEY], in support of this legisla- ‘‘(a) IN GENERAL.—In addition to any other capital markets is dependent upon tion. Over the years, the SEC has prov- funds authorized to be appropriated to the their fundamental fairness. The Securi- en to be an efficient and effective regu- Commission, there are authorized to be ap- ties and Exchange Commission has lator of our securities markets, despite propriated to carry out the functions, pow- having both limited resources and per- ers, and duties of the Commission— demonstrated its commitment to en- ‘‘(1) $320,000,000 for fiscal year 1998; and sure that the fairness of our markets is sonnel. The funding authorized by this ‘‘(2) $342,700,000 for fiscal year 1999. not compromised. Investors around the legislation will enable the SEC to con- ‘‘(b) MISCELLANEOUS EXPENSES.—Funds ap- world come to the U.S. markets in no tinue to fulfill its dual objectives of propriated pursuant to this section are au- small part because of the confidence both protecting investors and assuring thorized to be expended— they have in that basic fairness. fair and orderly markets. ‘‘(1) not to exceed $3,000 per fiscal year, for As a representative from the great official reception and representation ex- Our capital markets rely upon not penses; only investor confidence, but also the State of New York, home to the largest ‘‘(2) not to exceed $10,000 per fiscal year, extraordinary ingenuity that has financial markets in the world, I am for funding a permanent secretariat for the spurred the markets’ development. It is particularly appreciative of the indis- International Organization of Securities essential that in regulating these mar- pensable role the Commission performs Commissions; and kets, we do not stifle them. Chairman in maintaining the strength and integ- ‘‘(3) not to exceed $100,000 per fiscal year, Arthur Levitt and the Commission are rity of our markets. The importance of for expenses for consultations and meetings hosted by the Commission with foreign gov- to be commended for initiating regu- this industry to the city and State can- ernmental and other regulatory officials, latory changes to facilitate the ability not be overestimated. The exchanges members of their delegations, appropriate of companies to raise capital. They and financial institutions provide enor- representatives, and staff to exchange views have eliminated unnecessary regula- mous tax revenue and also jobs for concerning developments relating to securi- tions, liberalized exemptions for all thousands of New Yorkers. In fact, last ties matters, for development and implemen- business, streamlined filing require- year alone record profits on Wall tation of cooperation agreements concerning ments, and promoted the use of some- Street resulted in more than $450 mil- securities matters and provision of technical thing we are often in dire need of here lion in unanticipated tax revenue for assistance for the development of foreign securities markets, such expenses to include on Capitol Hill: good old plain English. the city. necessary logistic and administrative ex- Reduction of regulatory burdens has Over the last several years, millions penses and the expenses of Commission staff aided the tremendous growth of our of Americans have flooded the securi- and foreign invitees in attendance at such markets, and I intend to ensure that ties market, resulting in record-break- consultations and meetings, including— regulation continues to become less in- ing highs on major indices. The SEC ‘‘(A) such incidental expenses as meals trusive, less expensive, more flexible serves as police and protector for aver- taken in the course of such attendance; age investors by guarding against fraud ‘‘(B) any travel or transportation to or and more sensible. from such meetings; and H.R. 1262, the Securities and Ex- and manipulation. This is especially ‘‘(C) any other related lodging or subsist- change Commission Authorization Act necessary at present when so many ence.’’. of 1997, authorizes $320 million for fis- people rely on stability and fairness of The SPEAKER pro tempore. Pursu- cal year 1998 and $342 million for fiscal our markets. ant to the rule, the gentleman from year 1999. The authorization for fiscal The SEC also faces new challenges Ohio [Mr. OXLEY] and the gentleman year 1998 is essentially flat from the due to technological developments that from New York [Mr. MANTON] each will current year. The increase of approxi- offer instant and inexpensive commu- control 20 minutes. mately $22 million for the 1999 appro- nication between markets and partici- The Chair recognizes the gentleman priation will provide the Commission pants. While this new technology offers from Ohio [Mr. OXLEY]. with necessary resources to manage great opportunity for investors, it also (Mr. OXLEY asked and was given the growth and development of our potentially exposes them to significant permission to revise and extend his re- capital markets. risk. marks and include extraneous mate- Importantly, this legislation is con- I commend Chairman Levitt and the rial.) sistent with the provisions of the fee Commissioners for doing a wonderful Mr. OXLEY. Mr. Speaker I yield my- reduction agreement among the gen- job keeping pace in this rapidly-chang- self such time as I may consume. tleman from Virginia [Mr. BLILEY] of ing environment and for working to en- Mr. Speaker, I am pleased to be a the Committee on Commerce, the gen- sure that, above all, individual inves- sponsor of the legislation before us tleman from Texas [Mr. ARCHER] of the tors be protected and supplied with today which will authorize the Securi- Committee on Ways and Means, and clear and trustworthy information. ties and Exchange Commission for ap- the gentleman from Kentucky [Mr. Mr. Speaker, in keeping with tradi- propriations for fiscal years 1998 and ROGERS] of the Committee on Appro- tion, the Committee on Commerce re- 1999. priations, as enacted in the National ported out a clean SEC reauthorization The capital markets of this Nation Securities Markets Improvement Act bill. I hope all of my colleagues will are expanding at an unprecedented of 1996. Through this agreement, the support this legislation. rate. The broad spectrum of investors fees that the Commission receives will Mr. BLILEY. Mr. Speaker, I am pleased to that these markets attract, individual gradually be reduced, while the funding be a sponsor of the legislation before us Americans saving through mutual fund for the Commission will be increas- today. H.R. 1262, the Securities and Ex- investments, institutional investors ingly provided through an appropria- change Commission Authorization Act of like pension funds, venture capitalists tion. 1997, authorizes appropriations for the Securi- and more, are fueling the growth of our I am pleased to have sponsored H.R. ties and Exchange Commission for fiscal economy. Last year, $50 billion was 1262 and to be joined by my friends, the years 1998 and 1999. These appropriations raised for new businesses through our gentleman from Virginia [Mr. BLILEY], are necessary to ensure that the Commission capital markets. Today, mutual fund the gentleman from Michigan [Mr. DIN- is provided with the resources it needs to con- assets, at a record $3.7 trillion, surpass GELL], the gentleman from New York, tinue its important work as regulator of our se- bank deposits by more than $1 trillion. [Mr. MANTON], and the gentleman from curities markets. H8086 CONGRESSIONAL RECORD — HOUSE September 29, 1997 This legislation continues the process we nation. I urge all my colleagues to join me in national Energy Agreement without put into place in the 104th Congress with the supporting H.R. 1262. violating antitrust laws. enactment of the National Securities Markets Mr. OXLEY. Mr. Speaker, I have no I believe that a 1-year-only reauthor- Improvement Act of 1996. That act established further requests for time, and I yield ization of these provisions remains the a mechanism to bring greater certainty to the back the balance of my time. appropriate course of action as long as Commission's funding and to reduce the fees Mr. MANTON. Mr. Speaker, I yield the Committee on Appropriations con- that the participants in our capital markets pay back the balance of my time. tinues to look at these oil reserves as a the Commission. The SPEAKER pro tempore. The source of revenue. For the past 3 years, That mechanism, reached through an question is on the motion offered by the members of the Committee on agreement with my friends BILL ARCHER of the the gentleman from Ohio [Mr. OXLEY] Commerce have opposed the sale of oil Ways and Means Committee and HAROLD that the House suspend the rules and from the reserves to meet budgetary ROGERS of the Appropriations Committee, im- pass the bill, H.R. 1262. goals. However, in less than 3 years plements a new funding structure that increas- The question was taken. three sales have been authorized, and ingly funds the Commission through an appro- Mr. DOGGETT. Mr. Speaker, on that the fourth sale is currently being con- priation and reduces SEC fees. Those fees, I demand the yeas and nays. sidered. which in recent years have amounted to more The yeas and nays were ordered. The Strategic Petroleum Reserve and than double the Commission's budget, are a The SPEAKER pro tempore. Pursu- the International Energy Agreement tax on capital. The legislation we enacted last ant to clause 5 of rule I and the Chair’s are critical elements of America’s en- year will eventually bring the fees down to a prior announcement, further proceed- ergy security plan. Therefore, it is im- level that equals what it costs to run the agen- ings on this motion will be postponed. portant that they be reauthorized. cy. f However, until we stop using the re- I am pleased that the funding authorization serve in a manner for which it is not GENERAL LEAVE in H.R. 1262 and the Commission's budget re- intended, I believe we should subject quest for fiscal 1998 and 1999 are consistent Mr. OXLEY. Mr. Speaker, I ask unan- these programs to an annual reauthor- with the agreement underlying the Commis- imous consent that all Members may ization. have 5 legislative days within which to sion's new funding structure. b 1345 This legislation is especially important in this revise and extend their remarks and in- era of unprecedented growth in our capital clude extraneous material in the Mr. Speaker, I urge my colleagues to markets. Last October 14, the markets were RECORD on the bill (H.R. 1262). support this bill, and I reserve the bal- abuzz with the remarkable news that the Dow The SPEAKER pro tempore. Is there ance of my time. had finally crossed the 6,000 mark. Incredibly, objection to the request of the gen- Mr. HALL of Texas. Mr. Speaker, I today, less than a year later, the Dow is hov- tleman from Ohio? yield myself such time as I may ering around 8,000. The record pace at which There was no objection. consume. investors are pouring their money into our f Mr. Speaker, I of course am pleased capital markets is a testament to the con- to support H.R. 2472, which reauthor- EXTENDING CERTAIN PROGRAMS fidence those markets inspire. The Securities izes a key section of the Energy Policy UNDER THE ENERGY POLICY and Exchange Commission serves a vital role and Conservation Act for 1 year. AND CONSERVATION ACT in preserving and promoting the fairness that This bill has been handled in a bipar- is the backbone of our markets. Mr. CRAPO. Mr. Speaker, I move to tisan manner and was reported from Equally important, the Commission is suspend the rules and pass the bill the Committee on Commerce on a charged with the obligation to tailor its regula- (H.R. 2472) to extend certain programs voice vote. I know of no objection to it tion of our markets to promote efficiency, com- under the Energy Policy and Conserva- from this side of the aisle. I support petition, and the continued fostering of capital tion Act. the reauthorization of EPCA because it formation. Our markets may be the most suc- The Clerk read as follows: will ensure that the United States and cessful in the world today, but that doesn't H.R. 2472 industry are able to fulfill their respec- mean there is no competition out there. In Be it enacted by the Senate and House of Rep- tive duties in any or all oil-related order to remain ahead and provide our coun- resentatives of the United States of America in emergencies. We are not unaware of try's investors and businesses with the great- Congress assembled. those emergencies. Recent events in est opportunity we must ensure that the regu- SECTION 1. ENERGY POLICY AND CONSERVATION the Middle East have underscored once lation of our markets does not trap us in obso- ACT AMENDMENTS. again how quickly circumstances can lescence. It is essential that the Commission The Energy Policy and Conservation Act is change, and the need for the United amended— States to be self-sufficient during peri- weigh the costs and benefits of regulations be- (1) in section 166 (42 U.S.C. 6246) by striking fore their implementation to ensure that our ‘‘1997’’ and inserting in lieu thereof ‘‘1998’’; ods of instability. markets are not weighed down by needless (2) in section 181 (42 U.S.C. 6251) by striking I want to thank the gentleman from cost, or stifled by obstacles to growth and in- ‘‘1997’’ both places it appears and inserting in Virginia, Chairman BLILEY, and the novation. The Commission has worked to lieu thereof ‘‘1998’’; and gentleman from Colorado, Mr. DAN streamline regulation and reduce the burden (3) in section 281 (42 U.S.C. 6285) by striking SCHAEFER, and the gentleman from on businesses seeking access to our capital ‘‘1997’’ both places it appears and inserting in Idaho, Mr. CRAPO, for bringing this markets. I commend the Commission for this lieu thereof ‘‘1998’’. very important bill to the House floor. work and look forward to continued progress. The SPEAKER pro tempore. Pursu- The Democrats on the Committee on The appropriation for fiscal year 1998 in ant to the rule, the gentleman from Commerce strongly support the efforts H.R. 1262 is essentially flat from the current Idaho [Mr. CRAPO] and the gentleman to ensure that the Strategic Petroleum year. The increased funding authorization that from Texas [Mr. HALL] each will con- Reserve is used for the intended pur- the legislation would provide the Commission trol 20 minutes. poses, and not, as some have at- for fiscal year 1999 will permit the Commission The Chair recognizes the gentleman tempted, sold off for deficit reduction. to request additional funds from the appropri- from Idaho [Mr. CRAPO]. EPCA is very important to our coun- ators to permit the Commission to meet the Mr. CRAPO. Mr. Speaker, I yield my- try’s economic and energy security, regulatory demands and obligations accom- self such time as I may consume. and I am pleased to support this legis- panying the remarkable growth in our markets. Mr. Speaker, I rise in support of this lation. I commend Subcommittee Chairman OXLEY bill which reauthorizes certain provi- Mr. DAN SCHAEFER of Colorado. Mr. for introducing this important legislation. I also sions contained in the Energy Policy Speaker, the bill reauthorizes provisions of the commend my good friend and ranking mem- and Conservation Act for 1 fiscal year. Energy Policy and Conservation Act relating to ber of the committee, JOHN DINGELL, ranking This is an important bill because it the Strategic Petroleum Reserve and U.S. par- member of the Finance Subcommittee TOM assures the President’s authority to ticipation in the International Energy Agree- MANTON, and ED MARKEY for their cosponsor- draw dawn the Strategic Petroleum ment for one fiscal year. These provisions, ship of this legislation. This legislation is im- Reserve in an energy emergency and which will expire September 30 absent this re- portant to every American investor, and every preserves the ability of the U.S. oil authorization, assure that, if there is an energy participant in the great capital markets of our companies to participate in the Inter- emergency, the President's authority to September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8087 drawdown the Strategic Petroleum Reserve 13 of the Federal Power Act (16 U.S.C. 806) cense, and once they have been granted and the ability of U.S. oil companies to partici- that would otherwise apply to the Federal a license the construction deadline be- pate in the International Energy Agreement Energy Regulatory Commission project gins to run. However, the onset of in- numbered 3862, the Commission is author- tense competition in the electric indus- without violating antitrust laws is preserved for ized, at the request of the licensee for the another year. project, and after reasonable notice, in ac- try is driving utilities to lower their As I stated at the markup, because of their cordance with the good faith, due diligence, costs and avoid making long-term com- importance to U.S. national energy security I and public interest requirements of that sec- mitments. believe these programs should not go unau- tion and the Commission’s procedures under Without a power purchase agreement thorized. At the same time, I believe requiring that section, to extend the time required for a project generally cannot be financed. them to be reauthorized annually is appro- commencement of construction of the According to sponsors of the LeClaire priate as long as oil from the Reserve contin- project for not more than 3 consecutive 2- project, construction has not com- ues to be sold for budgetary purposes. It is my year periods. menced because of the lack of a power (b) EFFECTIVE DATE.—This section shall hope that when D-O-E completes its review of take effect on the date of the expiration of purchase agreement needed to obtain S-P-R polices we can work with the adminis- the extension of the period required for com- the financing. I should also note that tration and the appropriators to develop a co- mencement of construction that the Com- the bill incorporates the views of the herent and consistent policy regarding the fu- mission issued, prior to the date of enact- Federal Energy Regulatory Commis- ture of the Reserve. ment of this Act, under section 13 of the Fed- sion. The Subcommittee on Energy and Finally, there are several conservation relat- eral Power Act (16 U.S.C. 806) for the project Power solicited the views of FERC, and ed programs contained in EPCA and which described in subsection (a). the agency does not oppose H.R. 2165. were discussed at the subcommittee hearing (c) REINSTATEMENT OF EXPIRED LICENSE.— I urge my colleagues to support H.R. If the license for the project referred to in that are not included in the bill we are consid- subsection (a) has expired prior to the date 2165, and I reserve the balance of my ering today. I intend to work with interested of enactment of this Act, the Commission time, Mr. Speaker. parties to reauthorize these programs in the shall reinstate the license effective as of the Mr. HALL of Texas. Mr. Speaker, I neat future. date of its expiration and extend the time re- yield myself such time as I may Mr. HALL of Texas. Mr. Speaker, I quired for commencement of construction of consume. yield back the balance of my time. the project as provided in subsection (a) for Mr. Speaker, I am pleased to support Mr. CRAPO. Mr. Speaker, I have no not more than 3 consecutive 2-year periods, H.R. 2165, which extends the license for further requests for time, and I yield the first of which shall commence on the a very important hydroelectric project. back the balance of my time. date of such expiration. I commend the gentleman from Iowa The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- [Mr. LEACH] for bringing the bill to the UPTON). The question is on the motion ant to the rule, the gentleman from committee. This continues a bipartisan offered by the gentleman from Idaho Idaho [Mr. CRAPO] and the gentleman tradition of the Committee on Com- [Mr. CRAPO] that the House suspend the from Texas [Mr. HALL] each will con- merce under which noncontroversial rules and pass the bill, H.R. 2472. trol 20 minutes. pending hydro projects can receive an The question was taken. The Chair recognizes the gentleman extension of time to permit their com- Mr. CRAPO. Mr. Speaker, I object to from Idaho [Mr. CRAPO]. pletion. the vote on the ground that a quorum Mr. CRAPO. Mr. Speaker, I yield my- I think these projects are important is not present and make the point of self such time as I may consume. to Members on both sides of the aisle, order that a quorum is not present. (Mr. CRAPO asked and was given per- and I commend the gentleman from The SPEAKER pro tempore (Mr. mission to revise and extend his re- Virginia, Chairman BLILEY, and the UPTON). Pursuant to clause 5 of rule I marks.) gentleman from Colorado, Mr. DAN and the Chair’s prior announcement, Mr. CRAPO. Mr. Speaker, under sec- SCHAEFER, and the gentleman from further proceedings on this motion will tion 13 of the Federal Power Act, Idaho, Mr. CRAPO, for their leadership be postponed. project construction must begin within in moving these bills forward in a The point of no quorum is considered 4 years of issuance of a license. If con- prompt and fair manner. withdrawn. struction has not begun by that time, Mr. Speaker, I reserve the balance of f the Federal Energy Regulatory Com- my time. GENERAL LEAVE mission cannot extend the deadline and Mr. CRAPO. Mr. Speaker, I yield must terminate the license. H.R. 2165 such time as he may consume to the Mr. CRAPO. Mr. Speaker, I ask unan- provides for extension of the construc- gentleman from Iowa [Mr. LEACH]. imous consent that all Members may tion deadline of the LeClaire project, a Mr. LEACH. Mr. Speaker, I would like to have 5 legislative days within which to 27-megawatt hydroelectric project in thank Mr. CRAPO for managing the bill today revise and extend their remarks on Iowa, if the sponsor pursues the com- and Chairman DAN SCHAEFER and Ranking H.R. 2472, the bill just considered. mencement of construction in good Member RALPH HALL of the Subcommittee on The SPEAKER pro tempore. Is there faith and with due diligence. Energy and Power, as well as Chairman TOM objection to the request of the gen- These types of bills have not been BLILEY and Ranking Member JOHN DINGELL of tleman from Idaho? controversial in the past, and this bill There was no objection. the Committee on Commerce for bringing this does not change the license require- legislation to the floor so expeditiously. I would f ments in any way, and does not change also like to express my appreciation to the EXTENSION OF DEADLINE FOR environmental standards. It merely ex- staff of the Commerce Committee, and par- CONSTRUCTION OF FERC tends the construction deadline. There ticularly Joe Kelliher, for their work on the bill. PROJECT IN THE STATE OF is a need to act, since the construction H.R. 2165 authorizes the Federal Energy IOWA deadline for the project expires in Feb- Regulatory Commission [FERC] to extend the Mr. CRAPO. Mr. Speaker, I move to ruary 1998. If Congress does not act, time required for commencement of construc- suspend the rules and pass the bill FERC will terminate the license, the tion of a hydroelectric project in my district for (H.R. 2165) to extend the deadline under project sponsors will lose their invest- a maximum of three consecutive 2-year peri- the Federal Power Act applicable to ment in the project, and the commu- ods. the construction of FERC Project No. nity will lose the prospect of signifi- The project this legislation affects, FERC 3862 in the State of Iowa, and for other cant job creation and added revenues. Project No. 3862, calls for the construction of purposes. H.R. 2165 would extend the deadline a 27-megawatt hydropower facility on lock and The Clerk read as follows: for up to 6 years and reinstate the li- dam 19 located on the Mississippi River adja- H.R. 2165 cense if it expires before the enactment cent to LeClaire, IA. Plans for deregulation of of the bill. Lack of a power purchase Be it enacted by the Senate and House of Rep- the power industry have temporarily halted the resentatives of the United States of America in agreement is the main reason construc- willingness of utilities to enter into long-term Congress assembled, tion of projects may not commence in power purchase agreements. As a result, SECTION 1. EXTENSION OF DEADLINE. a timely manner. It is very difficult for project coordinators do not anticipate being (a) PROJECT NUMBERED 3862.—Notwith- a hydroelectric project sponsor to se- able to finalize power sales negotiations in standing the time period specified in section cure financing until they have a li- time to meet the present February 28, 1998, H8088 CONGRESSIONAL RECORD — HOUSE September 29, 1997 deadline for beginning construction on the reefs, and relocation of that discharge to (b)(1)(B) in the event the requested modifica- project. unstressed ocean waters could benefit the tion is approved. My understanding is that granting FERC the marine environment. ‘‘(C) A commitment by the applicant to (2) The Federal Water Pollution Control contribute not less than $400,000 to the Ma- authority to extend the deadline for such Act should, consistent with the environ- yaguez Watershed Initiative in accordance projects has become a routine matter, and mental goals of the Act, be administered with such schedules as may be specified in that FERC has indicated that it has no objec- with sufficient flexibility to take into con- the consent decree. tion to the extension called for by H.R. 2165. sideration the unique characteristics of Ma- ‘‘(3) INITIAL DETERMINATION.—On or before Granting the extension authorized by this yaguez, Puerto Rico. the 270th day after the date of submittal of legislation would help ensure a responsible re- (3) Some deep ocean areas off the coastline an application under paragraph (2) that has view of the project's economic viability. It of Mayaguez, Puerto Rico, might be able to been deemed complete by the Administrator, the Administrator shall issue to the appli- would also enable the environmental impact of receive a less-than-secondary sewage discharge while still maintaining healthy and cant a tentative determination regarding the the project to remain under review in order to diverse marine life. requested modification. help ensure that the project's impact on the (4) A properly designed and operated deep ‘‘(4) FINAL DETERMINATION.—On or before ecology of the Mississippi River is benign. ocean outfall off the coast of Mayaguez, the 270th day after the date of issuance of Again, I would like to thank the members of Puerto Rico, coupled with other pollution re- the tentative determination under paragraph the Commerce Committee and its staff for duction activities in the Mayaguez Water- (3), the Administrator shall issue a final de- their support of H.R. 2165 and urge its support shed could facilitate compliance with the re- termination regarding the modification. ‘‘(5) ADDITIONAL CONDITION.—The Adminis- by my colleagues in the House. quirements and purposes of the Federal Water Pollution Control Act without the trator may not grant a modification pursu- Mr. HALL of Texas. Mr. Speaker, I ant to an application submitted under this have no further requests for time, and need for more costly treatment. (5) The owner or operator of the Mayaguez subsection unless the Administrator deter- I yield back the balance of my time. publicly owned treatment works should be mines that the new deep water ocean outfall Mr. CRAPO. Mr. Speaker, I have no afforded an opportunity to make the nec- will use a well-designed and operated diffuser further requests for time, and I yield essary scientific studies and submit an appli- that discharges into unstressed ocean waters back the balance of my time. cation proposing use of a deep ocean outfall and is situated so as to avoid discharge (or The SPEAKER pro tempore. The for review by the Administrator of the Envi- transport of discharged pollutants) to coral reefs, other sensitive marine resources or question is on the motion offered by ronmental Protection Agency under section 301(h) of the Federal Water Pollution Control recreational areas, and shorelines. the gentleman from Idaho [Mr. CRAPO] ‘‘(6) EFFECTIVENESS.—If a modification is Act. that the House suspend the rules and granted pursuant to an application submit- (b) APPLICATION FOR SECONDARY TREAT- pass the bill, H.R. 2165. ted under this subsection, such modification MENT WAIVER FOR MAYAGUEZ, PUERTO RICO, shall be effective only if the new deepwater The question was taken. DEEP OCEAN OUTFALL.—Section 301 of the Mr. CONDIT. Mr. Speaker, I object to ocean outfall is operational on or before the Federal Water Pollution Control Act (33 1 the vote on the ground that a quorum date that is 4 ⁄2 years after the date of the U.S.C. 1311) is amended by adding at the end Administrator’s initial tentative determina- is not present and make the point of the following: tion on the application.’’. ‘‘(q) APPLICATION FOR WAIVER.— order that a quorum is not present. SEC. 3. NATIONAL ESTUARY PROGRAM. ‘‘(1) STUDY.—In order to be eligible to The SPEAKER pro tempore. Pursu- (a) GRANTS FOR COMPREHENSIVE CONSERVA- apply for a waiver under this section, the ant to clause 5, rule I, and the Chair’s TION AND MANAGEMENT PLANS.—Section prior announcement, further proceed- owner or operator of the Mayaguez, Puerto 320(g)(2) of the Federal Water Pollution Con- Rico, publicly owned treatment works shall ings on this motion will be postponed. trol Act (33 U.S.C. 1330(g)(2)) is amended by transmit to the Administrator a report on inserting ‘‘and implementation’’ after ‘‘de- The point of no quorum is considered the results of a study of the marine environ- withdrawn. velopment’’. ment of coastal areas in the Mayaguez area (b) AUTHORIZATION OF APPROPRIATIONS.— f to determine the feasibility of constructing Section 320(i) of such Act (33 U.S.C. 1330(i)) is a deep ocean outfall for the Mayaguez treat- amended by striking ‘‘1987’’ and all that fol- GENERAL LEAVE ment works. In conducting the study, the lows through ‘‘1991’’ and inserting the follow- Mr. CRAPO. Mr. Speaker, I ask unan- owner or operator shall consider variations ing: ‘‘1987 through 1991, such sums as may be in the currents, tidal movement, and other imous consent that all Members may necessary for fiscal years 1992 through 1997, hydrological and geological characteristics and $20,000,000 for fiscal year 1998’’. have 5 legislative days within which to at any proposed outfall location. Such study revise and extend their remarks on may recommend one or more technically fea- The SPEAKER pro tempore. Pursu- H.R. 2165, the bill just considered. sible and environmentally acceptable loca- ant to the rule, the gentleman from The SPEAKER pro tempore. Is there tions for a deep ocean outfall intended to New York [Mr. BOEHLERT] and the gen- objection to the request of the gen- meet the requirements of subsection (h). tleman from Pennsylvania [Mr. BOR- tleman from Idaho? Such study may be initiated, expanded, or SKI] each will control 20 minutes. There was no objection. continued not later than 3 months after the The Chair recognizes the gentleman date of the enactment of this subsection. from New York [Mr. BOEHLERT]. f ‘‘(2) SECTION 301(h) APPLICATION FOR MAYA- Mr. BOEHLERT. Mr. Speaker, I yield GUEZ, PUERTO RICO.—Notwithstanding sub- COASTAL POLLUTION REDUCTION myself such time as I may consume. section (j)(1)(A), not later than 18 months Mr. Speaker, the bill would amend ACT OF 1997 after the date of the enactment of this sub- the Clean Water Act to allow a commu- Mr. BOEHLERT. Mr. Speaker, I move section, an application may be submitted for a modification pursuant to subsection (h) of nity in Puerto Rico to apply to EPA to suspend the rules and pass the bill for an alternative to secondary treat- (H.R. 2207) to amend the Federal Water the requirements of subsection (b)(1)(B) by the owner or operator of the Mayaguez, ment requirements. Any alternative Pollution Control Act concerning a Puerto Rico, publicly owned treatment approved by EPA would be, and this is proposal to construct a deep ocean works at a location recommended in a study important, would be subject to require- outfall off the coast of Mayaguez, Puer- conducted pursuant to paragraph (1). Such ments and conditions necessary to as- to Rico, as amended. application shall not be subject to the appli- sure the adequate protection of coastal cation revision procedures of section 125.59(d) The Clerk read as follows: resources. Mr. Speaker, this bill could H.R. 2207 of title 40, Code of Federal Regulations. No such application may be filed unless and help save the community up to $65 mil- Be it enacted by the Senate and House of Rep- until the applicant has entered into a bind- lion by avoiding the construction of resentatives of the United States of America in ing consent decree with the United States more costly facilities while including Congress assembled, that includes, at a minimum, the following: appropriate environmental safeguards. SECTION 1. SHORT TITLE. ‘‘(A) A schedule and milestones to ensure Another provision in the bill, added This Act may be cited as the ‘‘Coastal Pol- expeditious compliance with the require- in committee, modifies the Clean lution Reduction Act of 1997’’. ments of subsection (b)(1)(B) in the event the Water Act’s national estuary program. SEC. 2. MAYAGUEZ, PUERTO RICO. requested modification is denied, including The bill allows the use of Federal funds interim effluent limits and design activities (a) FINDINGS.—Congress makes the follow- for implementation, as opposed to just ing findings: to be undertaken while the application is (1) The existing discharge from the Maya- pending. development, of comprehensive con- guez publicly owned treatment works is to ‘‘(B) A schedule and interim milestones to servation and management plans. This the stressed waters of Mayaguez Bay, an ensure expeditious compliance with the re- is a widely supported approach to pro- area containing severely degraded coral quirements of any modification of subsection tecting America’s estuaries. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8089 Allowing Federal funds to be used for some of my concerns about this type of undivided attention at the appropriate implementing the national estuary legislation. time. It looks like the appropriate program is an initiative strongly sup- The protection of ocean water qual- time will be early in the next session of ported by State, local, and regional in- ity has long been a responsibility and the House. terests, including the environmental priority of our subcommittee through Mr. BORSKI. Mr. Speaker, I yield community. Many States have com- its jurisdiction over the Clean Water myself such time as I may consume. pleted their comprehensive conserva- Act, the Ocean Dumping Act, and the Mr. Speaker, I want to compliment tion and management plans required Oil Pollution Act. For far too long our the hard work and dedication of our under the national estuary program, oceans were viewed as a convenient colleague, the gentleman from Puerto and it is time to help put their plans to dumping ground for the wastes associ- Rico [Mr. ROMERO-BARCELO´ ]. He is work. ated with human development. working hard to improve the quality of Committee on Transportation and In- As we have learned, those earlier the coastal environment and precious frastructure members should be con- practices were a mistake which we find near shore reefs. This bill is the first gratulated for their efforts in develop- ourselves continuing to correct to this step in protecting the coastal environ- ing the Coastal Pollution Reduction day. With the Ocean Dumping Ban Act, ment. Act. I would particularly like to recog- the dumping of sewage sludge came to Mr. SHUSTER. Mr. Speaker, I rise in sup- nize the efforts of the gentleman from an end. Yet, our inadequate control of port of H.R. 2207, the Coastal Pollution Re- Pennsylvania [Mr. SHUSTER], the chair- pollution associated with point and duction Act of 1997. man, the gentleman from Minnesota nonpoint sources, now largely con- This bipartisan legislation, introduced by [Mr. OBERSTAR], the ranking Democrat trolled through the Clean Water Act, Representative ROMERO-BARCELO, amends the of the committee, and my colleague left us a legacy of contaminated sedi- Clean Water Act to allow a community in and good friend, the gentleman from ments in our harbors, estuaries, and Puerto Rico to apply to EPA for an alternative Pennsylvania [Mr. BORSKI], the rank- lakes. to secondary treatment requirements, subject ing Democrat of the Subcommittee on Whether it is nonpoint source pollu- to other requirements and conditions. Water Resources and Environment. tion, uncollected runoff from urban and This bill could help save Mayaguez, PR up In addition, I would be remiss if I did rural areas, or collected runoff through to $65 million by avoiding the construction of not thank the gentleman from Puerto storm sewers, we continue to allow more costly facilities while including appro- Rico [Mr. ROMERO-BARCELO´ ] the pri- sediments to enter our waterways and priate environmental safeguards. The flexibility mary sponsor of the bill. His efforts to carry their pollution with them. to pursue reasonable alternatives makes eco- address this matter and promote great- Too often when we discuss coastal nomic and environmental sense. Another provision, added in committee, er flexibility in the Clean Water Act and ocean issues we talk about treat- modifies the Clean Water Act's National Estu- have been thoughtful and persistent. ing the symptoms, but not the cause of I would also like to thank the gen- the problems. Unless and until there ary Program. The amendment would allow the use of Federal funds for implementation, as tleman from Alaska, Mr. DON YOUNG, are aggressive steps taken to address our colleague, the chairman of the the pollution sources in our coastal opposed to just development of comprehen- Committee on Resources, for his role in areas, urban runoff, storm sewers, mu- sive conservation and management plans supporting the bill and helping to clar- nicipal sewage treatment plants, and [CCMP's]. This is a widely supported ap- ify that the intent of the national estu- agriculture, our coastal areas will con- proach to protecting America's estuaries. I want to assure my colleagues that nothing aries program amendment is not to tinue to be under great stress. in this amendment in any way provides new provide any new or expanded authority Mr. Speaker, I must say, I feel authority or expands existing authority for land to regulate land use. strongly that, despite the necessity of Finally, I want to thank representa- this legislation I rise in support of use regulation. The existing NEP has been tives of the Environmental Protection today, our subcommittee’s efforts are successful to date, in part, because it avoids Agency and the environmental commu- better directed toward advancing the a Federal regulatory approach. This amend- nity, particularly in Puerto Rico, for cleanup of our Nation’s waters. I am ment simply allows the use of Federal funds their input. The final text of the bill confident that the distinguished gen- and technical assistance under section 320 of the Clean Water Act so that State, local and and the detailed committee report tleman from New York [Mr. BOEH- regional interests can take CCMP's to the next largely reflect their comments and LERT], the subcommittee chairman, concerns. shares my view, and that we will do so step: implementation. I appreciate the assist- Throughout the development of this in this Congress by addressing the ance and cooperation of my friend and col- bill, our intent has been to fashion a major sources of pollution in coastal league, Representative DON YOUNG, who is responsible approach to meet a site- areas. also chairman of the House Resources Com- specific need for flexibility under the However, while I sincerely hope the mittee, for bringing to my attention the need to Clean Water Act and to strengthen the next time we are on the floor discuss- clarify this point. I also want to commend the gentleman from national estuaries program. I think we ing the Clean Water Act it is with the Minnesota [Mr. OBERSTAR], the ranking Demo- have succeeded. intent of strengthening it, rather than I urge my colleagues to support H.R. to create waiver opportunities, I be- crat of the Transportation and Infrastructure 2207, and I reserve the balance of my lieve that the unique conditions at Committee; the gentleman from New York [Mr. time, Mr. Speaker. Maya` guez make H.R. 2207 an accept- BOEHLERT], the chairman of the Water Re- Mr. BORSKI. Mr. Speaker, I yield able tradeoff. If the opportunity to sources and Environment Subcommittee; and myself such time as I may consume. apply for a permit under the deep the gentleman from Pennsylvania [Mr. BOR- (Mr. BORSKI asked and was given ocean outfalls provision is needed to SKI], the ranking Democrat of the Water Re- permission to revise and extend his re- protect coral reef in Maya` guez, then sources and Environment Subcommittee. They marks.) that competing environmental concern have been instrumental in moving this impor- Mr. BORSKI. Mr. Speaker, I rise is significant enough to warrant such tant legislation. Finally, I would be remiss if I did not thank today in support of H.R. 2207, the action today. Representative ROMERO-BARCELO who is re- Coastal Pollution Reduction Act of Mr. Speaker, I reserve the balance of sponsible for promoting this bill to address the 1997. This bill, which would amend the my time. Clean Water Act, provides an oppor- Mr. BOEHLERT. Mr. Speaker, I yield needs of a particular community by increasing tunity for Maya` guez, Puerto Rico, to myself such time as I may consume. the flexibility of the Clean Water Act. Mr. Speaker, I urge my colleagues to sup- apply for a waiver of secondary treat- Mr. Speaker, I wish to assure my col- port H.R. 2207. ment requirements in an effort to pro- league, the gentleman from Pennsylva- tect its coral reef. While I urge my col- nia, that I share his enthusiasm for b 1400 leagues to support this bill for the en- moving with dispatch on reauthoriza- Mr. BOEHLERT. Mr. Speaker, I have vironmental protection it should pro- tion of the Clean Water Act. It is very no further requests for time, and I vide, as the ranking Democrat of the important not just to our committee or yield back the balance of my time. Subcommittee on Water Resources and to this Congress but to the Nation, and Mr. BORSKI. Mr. Speaker, I yield Environment, I feel compelled to raise that is something that will have my back the balance of my time. H8090 CONGRESSIONAL RECORD — HOUSE September 29, 1997 The SPEAKER pro tempore (Mr. andria, VA. He served as the special as- to the United States Bankruptcy Court in 1959 UPTON). The question is on the motion sistant to the city attorney and associ- and presently serves as a United States Bank- offered by the gentleman from New ate judge of the municipal court. ruptcy Judge for the Eastern District of Vir- York [Mr. BOEHLERT] that the House In 1960, Judge Bostetter was ap- ginia. In 1985, he was appointed Chief Judge suspend the rules and pass the bill, pointed to the U.S. Bankruptcy Court and now ranks among the longest sitting full- H.R. 2207, as amended. and continues to serve as a judge for time bankruptcy judges in the United States. The question was taken. the U.S. Bankruptcy Court for the In 1959, Judge Bostetter established the Mr. CONDIT. Mr. Speaker, I object to Eastern District of Virginia. He was First Bankruptcy Court in Alexandria, in the the vote on the ground that a quorum appointed chief judge in February 1, former Federal District CourthouseÐ38 years is not present and make the point of 1985, and ranks among the longest sit- later he resides in the same building as the order that a quorum is not present. ting full-time bankruptcy judges in the Chief Judge of the Bankruptcy Court for the The SPEAKER pro tempore. Pursu- United States. Eastern District of Virginia. He has taken a ant to clause 5 of rule I and the Chair’s This is a fitting tribute to such a dis- special interest and great pride in the ongoing prior announcement, further proceed- tinguished jurist. I support this act and renovation of this historic building. ings on this motion will be postponed. urge my colleagues to join in this sup- During his service on the bench, Chief The point of no quorum is considered port. Judge Bostetter has seen the Bankruptcy withdrawn. Mr. Speaker, I reserve the balance of Court for the Eastern District of Virginia grow to three divisions with five full-time judges and f my time. Mr. TRAFICANT. Mr. Speaker, I staff, 90 employees in its Clerk's Office and an GENERAL LEAVE yield myself such time as I may average of more than 2,600 bankruptcy filings Mr. BOEHLERT. Mr. Speaker, I ask consume. per month. The Alexandria Division has two unanimous consent that all Members Mr. Speaker, I want to join the gen- full-time judges, 22 employees and averages approximately 790 bankruptcy filings per may have 5 legislative days in which to tleman from California [Mr. KIM] in supporting S. 819, a bill to designate month. revise and extend their remarks and in- When Judge Bostetter began his career on the courthouse on South Washington clude extraneous material on H.R. 2207, the bench with approximately nine bankruptcy Street in Alexandria, VA, in honor of the bill just considered. filings per month and one employee. He re- Judge Martin Bostetter, Jr. He cer- The SPEAKER pro tempore. Is there mained the only full time bankruptcy judge in tainly deserves it. objection to the request of the gen- Alexandria from July 1959 until December I would also like to state that the tleman from New York? 1994. During the 1980's and early 1990's his gentleman from Virginia [Mr. MORAN], There was no objection. case load swelled to about two times the vol- f one of my Democratic colleagues, has ume expected for a single judge to preside also introduced companion legislation, over. MARTIN V. B. BOSTETTER, JR. H.R. 1851, also a bill naming this court- UNITED STATES COURTHOUSE Chief Judge Bostetter has been a dedicated house in honor of Judge Martin and loyal public servant, serving the people of Mr. KIM. Mr. Speaker, I move to sus- Bostetter, Jr. I will include his written Virginia faithfully with honor, integrity and dis- pend the rules and pass the Senate bill statement immediately after my re- tinction during his tenure as a bankruptcy (S. 819) to designate the United States marks. judge. He has fulfilled his duties with a strong courthouse at 200 South Washington Judge Bostetter served the people of sense of fairness and pragmatism, while ad- Street in Alexandria, Virginia, as the Virginia for over 40 years. He ranks hering to the constraints imposed by the Bank- ‘‘Martin V. B. Bostetter, Jr. United among the longest sitting full-time ruptcy Code and related case law. Moreover, States Courthouse.’’ bankruptcy judges in these United he has set very high standards for the lawyers The Clerk read as follows: States. He has long been associated who practice before him, thereby making S. 819 with and active in many civic and com- those lawyers better prepared and more effec- Be it enacted by the Senate and House of Rep- munity organizations, including the tive advocates for their respective client's in- resentatives of the United States of America in Chamber of Commerce in Alexandria, terest. Congress assembled, the Alexandria Hospital, and the Alex- Mr. Speaker, I want to take this opportunity SECTION 1. DESIGNATION OF MARTIN V. B. andria Boys Club, to show the diversity to thank Transportation and Infrastructure BOSTETTER, JR. UNITED STATES of his involvement and his caring of Committee Chairman SHUSTER, Subcommittee COURTHOUSE. the people whom he has served for so Chairman JAY KIM and ranking members JIM The United States courthouse at 200 South many years. OBERSTAR and JIM TRAFICANT, along with the Washington Street in Alexandria, Virginia, I am proud to join the gentleman committee and subcommittee staff for their ef- shall be known and designated as the ‘‘Mar- tin V. B. Bostetter, Jr. United States Court- from Virginia, [Mr. MORAN], Senator forts to bring this legislation to the floor. I truly house’’. WARNER, and the gentleman from Cali- appreciate their cooperation. Mr. TRAFICANT. Mr. Speaker, I SEC. 2. REFERENCES. fornia, [Mr. KIM] in this legislation. I yield back the balance of my time. Any reference in a law, map, regulation, want to commend the gentleman from document, paper, or other record of the Unit- California [Mr. KIM] for the fine, expe- Mr. KIM. Mr. Speaker, I yield back ed States to the United States courthouse ditious job to bring this and other leg- the balance of my time. referred to in section 1 shall be deemed to be islation forward. The SPEAKER pro tempore (Mr. MIL- a reference to the ‘‘Martin V. B. Bostetter, Mr. MORAN of Virginia. Mr. Speaker, it is LER of Florida). The question is on the Jr. United States Courthouse’’. with great pleasure that I rise today in support motion offered by the gentleman from The SPEAKER pro tempore. Pursu- of S. 819. This legislation is identical to the bill California [Mr. KIM] that the House ant to the rule, the gentleman from I introduced June 10, 1997, naming the United suspend the rules and pass the Senate bill, S. 819. California [Mr. KIM] and the gentleman States Court House on South Washington The question was taken. from Ohio [Mr. TRAFICANT] each will Street in Alexandria, Virginia the Chief Bank- Mr. KIM. Mr. Speaker, I object to the control 20 minutes. ruptcy Judge Martin V. B. Bostetter, Jr. Court vote on the ground that a quorum is The Chair recognizes the gentleman House. The Bostetter Court House will be a not present and make the point of from California [Mr. KIM]. lasting reminder of the distinguished career of order that a quorum is not present. Mr. KIM. Mr. Speaker, I yield myself Judge Bostetter and commemorates his nu- The SPEAKER pro tempore. Pursu- such time as I may consume. merous contributions to bankruptcy law in ant to clause 5 of rule I and the Chair’s Mr. Speaker, S. 819 designates the Northern Virginia. prior announcement, further proceed- U.S. courthouse in Alexandria, VA, as Judge Bostetter's distinguished legal career ings on this motion will be postponed. the ‘‘Martin V.B. Bostetter, Jr. United began in 1952 and took place entirely within The point of no quorum is considered States Courthouse.’’ an eight block radius of Old Town, Alexandria. withdrawn. Chief Judge Bostetter has served and He served as Special Assistant to the City At- f continues to serve his country in many torney of Alexandria in 1953 in the capacity of ways. Since 1952, Judge Bostetter’s en- City Prosecutor. In 1957, he became an Asso- GENERAL LEAVE tire career has taken place within a ra- ciate Judge of Alexandria's Municipal court Mr. KIM. Mr. Speaker, I ask unani- dius of eight blocks in Old Town, Alex- system. Judge Bostetter was then appointed mous consent that all Members may September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8091 have 5 legislative days in which to re- nations. He retired at the end of the is not present and make the point of vise and extend their remarks on S. 103d Congress. order that a quorum is not present. 819, the Senate bill just considered. This is a fitting tribute to a dedi- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there cated public servant. I urge my col- ant to clause 5 of rule I and the Chair’s objection to the request of the gen- leagues to support this act. prior announcement, further proceed- tleman from California? Mr. Speaker, I reserve the balance of ings on this motion will be postponed. There was no objection. my time. The point of no quorum is considered f Mr. TRAFICANT. Mr. Speaker, I withdrawn. yield myself such time as I may f HOWARD M. METZENBAUM UNITED consume. STATES COURTHOUSE I, too, want to join the two Senators GENERAL LEAVE Mr. KIM. Mr. Speaker, I move to sus- from Ohio, Senators GLENN and Mr. KIM. Mr. Speaker, I ask unani- pend the rules and pass the Senate bill DEWINE, as well as Senator LAUTEN- mous consent that all Members may (S. 833) to designate the Federal build- BERG, in supporting this bill to name have 5 legislative days within which to ing courthouse at Public Square and the Federal courthouse in Cleveland in revise and extend their remarks and in- Superior Avenue in Cleveland, Ohio, as honor of former Senator Howard clude extraneous material on S. 833, the ‘‘Howard M. Metzenbaum United Metzenbaum. the Senate bill just considered. States Courthouse.’’ My involvement is a little different. I The SPEAKER pro tempore. Is there The Clerk read as follows: worked many times to help elect How- objection to the request of the gen- S. 833 ard Metzenbaum to the U.S. Senate, tleman from California? Be it enacted by the Senate and House of Rep- and I am very proud to have announced There was no objection. that here and to have worked with him resentatives of the United States of America in f Congress assembled, and to help him carry our State of SECTION 1. DESIGNATION OF HOWARD M. Ohio. TED WEISS UNITED STATES METZENBAUM UNITED STATES His service to the U.S. Senate has COURTHOUSE COURTHOUSE. now spanned 18 years. It was marked Mr. KIM. Mr. Speaker, I move to sus- The Federal building courthouse at Public by devotion to diligence, dedication, Square and Superior Avenue in Cleveland, pend the rules and pass the bill (H.R. Ohio, shall be known and designated as the fairness, and equality for all Ameri- 548) to designate the United States ‘‘Howard M. Metzenbaum United States cans. Senator Metzenbaum was an ab- courthouse located at 500 Pearl Street Courthouse’’. solute zealot on behalf of the rights of in New York City, New York, as the SEC. 2. REFERENCES. the American people. Right now he is ‘‘Ted Weiss United States Courthouse.’’ Any reference in a law, map, regulation, probably so upset over the revelation The Clerk read as follows: document, paper, or other record of the Unit- of the Internal Revenue Service, I ed States to the Federal building courthouse know full well he is urging the Con- H.R. 248 referred to in section 1 shall be deemed to be gress to pass my bill, H.R. 367, to Be it enacted by the Senate and House of Rep- a reference to the ‘‘Howard M. Metzenbaum change the burden of proof in a civil resentatives of the United States of America in Congress assembled, United States Courthouse’’. tax case and to stop these crazy sei- SECTION 1. DESIGNATION. The SPEAKER pro tempore. Pursu- zures without judicial control. Senator ant to the rule, the gentleman from The Federal building located at 500 Pearl Metzenbaum would be banging away, Street in New York City, New York, shall be California [Mr. KIM] and the gentleman as I am, on that issue. known and designated as the ‘‘Ted Weiss from Ohio [Mr. TRAFICANT], each will As Members know, he was very con- United States Courthouse’’. control 20 minutes. cerned about the flippant use of guns in SEC. 2. REFERENCES. The Chair recognizes the gentleman our society, and he led the charge in Any reference in a law, map, regulation, from California [Mr. KIM]. trying to, in fact, place greater pen- document, paper, or other record of the Unit- Mr. KIM. Mr. Speaker, I yield myself alties on those who violate the law ed States to the United States courthouse such time as I may consume. using a handgun. For that, he has referred to in section 1 shall be deemed to be S. 833 designates the U.S. courthouse brought to the consciousness of the a reference to the ‘‘Ted Weiss United States located at Public Square in Cleveland, American people that great issue and is Courthouse’’. OH, as the Howard Metzenbaum United largely responsible for a moderating The SPEAKER pro tempore. Pursu- States Courthouse. approach to that whole phenomenon. ant to the rule, the gentleman from Senator Metzenbaum was born in He has championed this Nation’s un- California [Mr. KIM] and the gentleman Cleveland, OH, in 1917. He began his po- derprivileged, and he has championed from Ohio [Mr. TRAFICANT], each will litical career in 1942 by his successful the cause of so many poor and defense- control 20 minutes. bid to the Ohio House of Representa- less people in our society. It is abso- The Chair recognizes the gentleman tives, becoming the youngest person lutely fitting that we name this court- from California [Mr. KIM]. elected to the State legislature at that house in his name and honor. Mr. KIM. Mr. Speaker, I yield myself time. I am proud to join forces with the such time as I may consume. In 1950, Senator Metzenbaum retired gentleman from California [Mr. KIM] Mr. Speaker, H.R. 548 designates the from public office to return to his pri- and thank him once again for his fair new U.S. courthouse in New York City vate practice and business interests, effort in bringing forward some of as the Ted Weiss U.S. Courthouse. most notably his parking lot network. these naming bills that reflect both Ted Weiss was born in Gava, Hun- After several years pursuing his busi- sides of the aisle. Senator Metzenbaum gary, in September 1927. He and his ness interests, Senator Metzenbaum re- has earned it. He deserves it. It will be family fled eastern Europe to escape turned to political office in 1973 by an a pleasure to walk into that court- Nazi persecution on the last passenger appointment to the U.S. Senate to fill house bearing the name of Senator ship to leave Hamburg, Germany, ar- the unexpired term of William Saxbe, Howard Metzenbaum. riving in the United States in 1938. In who had been appointed Attorney Gen- Mr. Speaker, I yield back the balance 1961, he was elected to the New York eral. After the general election in 1974, of my time. City Council, where he was influential he was elected to a full term in 1976. Mr. KIM. Mr. Speaker, I yield back in writing the city’s gun control laws Senator Metzenbaum served on the the balance of my time. and environmental measures. After 15 Energy and Natural Resources, the Ju- The SPEAKER pro tempore. The years of service as a councilman, he diciary Committee, and the Select question is on the motion offered by was elected to the U.S. House of Rep- Committee on Indian Affairs, and later the gentleman from California [Mr. resentatives in 1976, where he served on the Labor and Human Resources KIM] that the House suspend the rules until his untimely death in September Committee and the Committee on the and pass the Senate bill, S. 833. 1992. Budget. He was a tireless advocate on The question was taken. Congressman Weiss is remembered as causes for the American worker and Mr. CRAPO. Mr. Speaker, I object to a thoughtful advocate true to his was active in numerous judicial nomi- the vote on the ground that a quorum causes. The naming of this courthouse H8092 CONGRESSIONAL RECORD — HOUSE September 29, 1997 is a fitting tribute to a respected col- human rights throughout the world and right following: ‘‘If such an agreement is league. I urge my colleagues to support here at home. He received the Vietnam Veter- countersigned by the President, the agree- this bill. ans of America's highest award 2 years in a ment shall constitute, for purposes of section Mr. Speaker, I reserve the balance of 44302(b), a determination that continuation row for his work on behalf of America's veter- of the aircraft operations to which the agree- my time. ans. Ted was not afraid to stand up for his ment applies is necessary to carry out the Mr. TRAFICANT. Mr. Speaker, I convictions and make sure we understood foreign policy of the United States.’’. yield myself such time as I may why he held them so dear to his heart. SEC. 4. ARBITRATION AUTHORITY. consume. We will be honoring Ted by naming this (a) AUTHORIZATION OF BINDING ARBITRA- I am honored to join with the gen- court house after him. I believe this suits the TION.—Section 44308(b)(1) of title 49, United tleman from New York [Mr. NADLER], man who fought so hard to create a more just States Code, is amended by inserting after sponsor of this legislation, in support- world. Being the sponsor of this legislation I the second sentence the following: ‘‘Any ing this bill to designate the new hope to, in some small way, say thank you to such policy may authorize the binding arbi- courthouse on Pearl Street in lower my friend and colleague for bringing prestige tration of claims made thereunder in such Manhattan as the Ted Weiss U.S. manner as may be agreed to by the Sec- and honor to the congressional seat that was retary and any commercial insurer that may Courthouse. known as the 17th District, now the Eighth be responsible for any part of a loss to which Ted was a friend of mine, a colleague. District, in New York City. such policy relates.’’. He was fair. He is well known for his Mr. TRAFICANT. Mr. Speaker, I (b) AUTHORITY TO PAY ARBITRATION work in advocating for the funding of yield back the balance of my time. AWARD.—Section 44308(b)(2) of such title is AIDS research, well known for his ef- Mr. KIM. Mr. Speaker, I yield back amended— forts in promoting the human rights the balance of my time. (1) by striking ‘‘and’’ at the end of subpara- movement, and well known for his ef- The SPEAKER pro tempore. The graph (A); question is on the motion offered by (2) by redesignating subparagraph (B) as forts in establishing dignity and equal- subparagraph (C); and ity for Vietnam veterans who came gentleman from California [Mr. KIM] (3) by inserting after subparagraph (A) the back and were scorned after having put that the House suspend the rules and following: their lives on the line. These were just pass the bill, H.R. 548. ‘‘(B) pay the amount of a binding arbitra- a few of the causes for which our good The question was taken. tion award made under paragraph (1); and’’. friend, Ted Weiss, was a tireless advo- Mr. CRAPO. Mr. Speaker, I object to SEC. 5. EXTENSION OF PROGRAM. cate and worker. the vote on the ground that a quorum Section 44310 of title 49, United States is not present and make the point of Code, is amended by striking ‘‘September 30, As a young refugee from the Holo- 1997’’ and inserting ‘‘December 31, 1998’’. caust, Ted Weiss became a staunch sup- order that a quorum is not present. SEC. 6. PUBLIC AIRCRAFT DEFINED. porter of civil liberties in this country The SPEAKER pro tempore. Pursu- ant to clause 5 of rule I and the Chair’s Section 40102(a)(37)(A) of title 49, United second to none. His legislative record States Code, is amended— was built around his service on the prior announcement, further proceed- (1) by striking ‘‘or’’ at the end of clause (i); Government Operations Committee, ings on this motion will be postponed. (2) by redesignating clause (ii) as clause where he chaired the Subcommittee on The point of no quorum is considered (iii); and (3) by inserting after clause (i) the follow- Human Resources and Intergovern- withdrawn. f ing: mental Relations, and everyone knows ‘‘(ii) owned by the Armed Forces of the of his fairness and his willingness to in- GENERAL LEAVE United States and operated by any person for clude all thoughts and ideas. It is abso- Mr. KIM. Mr. Speaker, I ask unani- purposes related to crew training, equipment lutely fitting and proper that we honor mous consent that all Members may development, or demonstration; or’’. Ted Weiss by this designation. have 5 legislative days in which to re- The SPEAKER pro tempore (Mr. I want to commend my colleague, the vise and extend their remarks and in- UPTON). Pursuant to the rule, the gen- gentleman from New York [Mr. clude extraneous material on H.R. 548, tleman from California [Mr. KIM] and NADLER], for his tireless efforts to en- the bill just considered. the gentleman from Minnesota [Mr. sure that the Congress of the United The SPEAKER pro tempore. Is there OBERSTAR] each will control 20 min- States will not overlook the great con- objection to the request of the gen- utes. tribution of Ted Weiss. tleman from California? The Chair recognizes the gentleman Mr. NADLER. Mr. Speaker, as the sponsor There was no objection. from California [Mr. KIM]. of this bill, I would like to thank Chairman KIM f Mr. KIM. Mr. Speaker, I yield myself and Ranking Member TRAFICANT as well as such time as I may consume. Chairman SHUSTER and Ranking Member b 1415 Mr. Speaker, this bill reauthorizes OBERSTAR for their support of this legislation. AVIATION INSURANCE the War Risk Insurance Program for As one of Ted Weiss's friends, I knew the REAUTHORIZATION ACT OF 1997 another year. The War Risk Insurance compassionate, dedicated, hard working and Program was first reauthorized in 1951 Mr. KIM. Mr. Speaker, I move to sus- loving man that many people never get to see and has been reauthorized periodically pend the rules and pass the bill (H.R. in their elected officials. The unique personal- since then. Its current authorization 2036) to amend chapter 443 of title 49, ity that made Ted Weiss was crafted by a life expires tomorrow. This program was United States Code, to extend the au- that began in eastern Hungary on September used extensively during operations in thorization of the aviation insurance 17, 1927. He later would arrive in the United Desert Shield and Desert Storm to in- program, and for other purposes, as States on March 12, 1938, on the last pas- sure aircraft ferrying troops and sup- amended. plies to the Middle East. Without this senger ship out of Hamburg, Germany, before The Clerk read as follows: program, the military would have had the end of World War II. H.R. 2036 Ted went on to earn his undergraduate and to buy more aircraft for this purpose, 1 Be it enacted by the Senate and House of Rep- law degree in 4 ¤2 years from Syracuse Uni- resentatives of the United States of America in which would have cost taxpayers bil- versity. He then worked as an assistant district Congress assembled, lions of dollars. Instead, commercial attorney in Manhattan for 4 years. At that time, SECTION 1. SHORT TITLE. aircraft, with the protection of war Ted was elected to the New York City Council This Act may be cited as the ‘‘Aviation In- risk insurance, were willing to take on and so began a lifetime of public service that surance Reauthorization Act of 1997’’. these dangerous missions. was marked by compassion and principle. SEC. 2. VALUATION OF AIRCRAFT. The bill being considered today reau- As one of Ted Weiss's constituents for the Sections 44302(a)(2) and 44306(c) of title 49, thorizes this program and makes sev- 16 years he served in Congress, I knew first United States Code, are each amended by eral relatively minor changes that hand how tirelessly he worked to bring issues striking ‘‘as determined by the Secretary’’ were suggested by the administration, important to the people whom he served to and inserting ‘‘as determined by the Sec- the GAO, and the airlines, at the Sub- retary in accordance with reasonable busi- the forefront. Ted Weiss was one of the first ness practices in the commercial aviation in- committee on Aviation hearing last elected officials in the Nation to focus attention surance industry’’. May. The bill differs slightly from the on the need to increase funding for AIDS re- SEC. 3. EFFECT OF INDEMNITY AGREEMENTS. bill that was approved by the Commit- search, before the epidemic dominated discus- Section 44305(b) of title 49, United States tee on Transportation and Infrastruc- sions worldwide. He was a strong supporter of Code, is amended by adding at the end of the ture last July. The main difference is September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8093 that the provision on borrowing au- objectives of the United States in a I take this opportunity to urge the thority was dropped and the reauthor- highly contested arena. The program is DOT, as the lead agency here, and ization period was shortened. divided into two parts, both premium State and Defense and all the other en- The borrowing authority provision and nonpremium insurance. Under the tities in the administration that have a was designed to ensure that insurance premium policy, insurance is provided say in this issue, to get together, re- claims could be paid in a timely man- to U.S. or foreign carriers for commer- solve the issue so that we can provide ner without having to wait for an ap- cial scheduled and charter service. It the longer term authorization that is propriation. Unfortunately, the admin- can be used only for international our customary practice in the war risk istration opposed this. They did agree, flights. It is a very important distinc- insurance issue. however, to develop an alternative. tion. Premium insurance was provided I want to congratulate the gentleman This bill gives them 1 year to develop during the Vietnam war and on 37 occa- from Tennessee [Mr. DUNCAN], our sub- that alternative. sions after Iraq invaded Kuwait. committee chair, and the gentleman Also, this bill includes a small Nonpremium insurance is used to en- from Illinois [Mr. LIPINSKI], our rank- change to the definition of ‘‘public air- sure that airlines operating under con- ing minority member, for the splendid craft.’’ That change will allow military tract to the U.S. Government, either work they have done, and our staff on aircraft manufacturers to lease back State or Defense Department, and it both sides of the aisle for paying such their planes from the military for air can cover domestic or international careful and detailed attention to this shows or other demonstration pur- flights. In the course of the Sub- very important issue that might other- poses. This is a good bill, and I urge my committee on Aviation hearings con- wise not be so fully appreciated. colleagues to support this. ducted by the gentleman from Ten- Mr. Speaker, I yield such time as she Mr. Speaker, I reserve the balance of nessee [Mr. DUNCAN], our very distin- may consume to the gentlewoman from my time. guished chairman, GAO raised two is- Florida (Ms. Brown]. Mr. OBERSTAR. Mr. Speaker, I yield sues that should be addressed legisla- Ms. BROWN of Florida. Mr. Speaker, myself such time as I may consume. tively. I rise in support of H.R. 2036, the Avia- Mr. Speaker, I, of course, support First, air carriers that are purchas- tion Insurance Reauthorization Act of H.R. 2036, the War Risk Insurance Re- ing premium insurance, in GAO’s opin- 1997. authorization Act of 1997. This is one of ion, needed to have a better guarantee First of all, I wish to congratulate several times we have come to the floor that if they suffered a claim in excess the gentleman from Tennessee [Mr. to reauthorize this legislation, and this of the amount in the revolving fund, DUNCAN], subcommittee chairperson; particular reauthorization extends the they would be assured of complete and and the gentleman from Illinois [Mr. program until December 31, 1998. immediate reimbursement. LIPINSKI], the ranking member; as well This is very important legislation. It Second, there was a need to clarify as the gentleman from Pennsylvania may not seem large in the great whether flights conducted on behalf of [Mr. SHUSTER], the chairman; and the scheme of things that we do in the Defense and State covered by nonpre- gentleman from Minnesota [Mr. OBER- House or even on our Committee on mium insurance had to be determined STAR], the ranking member, for their Transportation, but this particular leg- by the President to be in the best for- work on this legislation. It is a good islation is vitally important to our na- eign policy interests of the United bill and deserves the support of all. tional security effort. This bill in- States. Both of those concerns are ad- Mr. Speaker, H.R. 2036 reauthorizes cludes provisions to ensure that the dressed in this legislation. the important War Risk Insurance Pro- program will run more smoothly the Since then, the administration has gram until December 31, 1998. It also next time we have to call upon the air- expressed again its concerns about a contains provisions intended to ensure lines to engage in national security provision in the bill that provided bor- that the program runs more smoothly support initiatives. rowing authority to the FAA in the the next time it is utilized. It is impor- The War Risk Insurance Program event a claim would be made in excess tant that carrier concerns are ad- was most recently put into operation of the amount in the revolving fund. dressed to the greatest extent possible during Desert Shield and Desert Storm. The administration wanted time to in order to encourage continued carrier U.S. air carriers flew thousands of U.S. work out an agreement between the participation in the Civil Reserve Air troops and tons of equipment from the FAA and DOT to meet the concerns ex- Fleet. The need for a vibrant CRAF United States and from Europe into pressed by GAO. We have agreed to Program was evidenced in 1990, during the Middle East theater of operations. drop that provision but have shortened the Desert Shield and Desert Storm op- During that period of time, the FAA is- the length of time for this authoriza- erations. sued nonpremium war risk insurance tion from 5 years to 15 months. Since the program was last author- for some 5,000 commercial flights that Normally, we would have a much ized, the Department of Defense, work- operated air lift services as part of the longer authorization period. I felt that ing with the Federal Aviation Adminis- Civil Reserve Air Fleet. this shorter timeframe needed to be ex- tration and the carriers, entered into In fact, in an assessment after Desert plained, because it is not the commit- an agreement whereby losses incurred Storm, President Bush complimented tee’s intention to proceed without by a carrier operating on behalf of the the Civil Reserve Air Fleet, the domes- some understanding on this very im- Departments of State or Defense, cov- tic airline carriers and both the sched- portant matter of extending the bor- ered by nonpremium insurance, could uled carriers and the charter operators rowing authority for those cases in be reimbursed in a more timely man- and our cargo fleet on the superb job which claims are made in excess of the ner. they did, saying that without those revolving fund. When our committee held a hearing 5,000 fleets, we could not have met the I know that is the concern of the gen- on these programs earlier this year, challenge with the readiness that the tleman from Tennessee [Mr. DUNCAN]. I GAO testified that there were only two U.S. forces demonstrated at the outset know that is a concern of the gen- outstanding issues that should be ad- of both Desert Shield and Desert tleman from Illinois [Mr. LIPINSKI], our dressed legislatively. Storm. remarking member on the Subcommit- Mr. Speaker, this is a noncontrover- Not only is insurance vital to airline tee on Aviation, and I know that the sial bill developed on a bipartisan operations, it is essential in operations gentleman from Pennsylvania [Mr. basis, and I urge my colleagues to sup- such as this type in high-risk combat SHUSTER] shares that concern. port its passage. zones. The FAA and the DOT requires We do want to ensure that there will Mr. OBERSTAR. Mr. Speaker, I yield insurance for airline operations under be continuity for this program. We 1 minute to the gentleman from Ohio any circumstance. But in these cir- want to ensure that it will not be sub- [Mr. TRAFICANT]. cumstances, there is a higher risk and ject to stop and start by fits. We prefer Mr. TRAFICANT. Mr. Speaker, I a higher need. And that is why this is a much longer period of authorization. thank the ranking member, Mr. OBER- a matter of national policy to provide But until this issue is revolved, I do STAR, for yielding me the time, and I war risk insurance. not think it is responsible for the Con- support the amendment. The very simple fact is that such op- gress to proceed until this matter is re- But I took to the floor to note that erations are carrying out foreign policy solved. the gentleman from Minnesota [Mr. H8094 CONGRESSIONAL RECORD — HOUSE September 29, 1997 OBERSTAR], our ranking member, had market value is not the appropriate basis for finding that the flight is necessary to carry out been in Minnesota a couple weeks ago determining the amount of insurance. the foreign policy of the United States. because his 86-year-old mother, The bill also states that the President's sig- Permits a war risk insurance policy to pro- Mariette, had a heart attack. I am glad nature of the indemnification agreement be- vide for binding arbitration of a dispute be- to see that he is back energetically tween the DOT Secretary and the head of an- tween FAA and the commercial insurer over handling our committee’s business. He other U.S. Government agency will constitute what part of a loss each is responsible for. was made to do so. the required finding under current law that the Extends the program for 1 year. I am proud to announce that his flight is necessary to carry out the foreign pol- There are 3 changes from the bill that was mom is doing fine. And everybody here icy of the United States. reported by our Committee (Report 105±244) would like to just state, for the Section 4 of the bill permits a war risk insur- they areÐ RECORD, that we support this bill and ance policy to provide for binding arbitration of Elimination of the provision on borrowing we are glad to see our ranking member a dispute between the FAA and the commer- authority; back and his mom doing fine up there cial insurer over what part of a loss each is re- Shortening of the authorization period; and in Minnesota. sponsible. A very limited provision on public aircraft. Mr. KIM. Mr. Speaker, I yield back The provision on borrowing authority that The elimination of the borrowing authority the balance of my time. was in the reported bill has been dropped be- and the shortening of the reauthorization pe- Mr. OBERSTAR. Mr. Speaker, I cause the administration objected to it. riod are closely related. thank the gentleman from Ohio [Mr. However, they did agree to develop in the We have dropped the borrowing authority at TRAFICANT] for his very heartfelt com- coming months an alternative to the borrowing the request of the administration. However, ments, and if my mother were watch- authority that would ensure that air carrier in- FAA officials have committed to us that in re- ing, she would be very happy to have surance claims could be paid in a timely man- turn for eliminating this provision, they would heard those kind words, as well. It is ner. We look forward to working with them on work with us to develop an alternative to en- very reassuring that she has been able that. sure that airline insurance claims can be paid to rebound from a very serious illness And finally, the bill also now includes a very in a timely fashion. The reauthorization period has been short- and assume her normal course of ac- simple provision designed to fix a problem ex- ened to ensure that FAA addresses this mat- tivities, cooking, baking, the things perienced by defense contractors who lease ter in the next year. We look forward to work- that she loves best. back their planes from the military in order to ing with the FAA, DoD and the airlines on this. The woman, who in her lifetime has fly them in air shows or other similar dem- The new provision on public aircraft is a re- cooked probably three tons of bread, is onstrations. sponse to a problem recently experienced by not going to be stopped by a heart at- Although this practice has been going on for Boeing, McDonnell-Douglas and other defense tack. I thank the gentleman from Ohio many years, some in the FAA have interpreted contractors. The problem arises because [Mr. TRAFICANT] for his kind words and the law in a way that would prevent this from these companies will sometimes lease back all those who have been so supportive. occurring. This bill would allow these flight Mr. DUNCAN. Mr. Speaker, Chairman SHU- from the military aircraft that they had pre- demonstrations, which are important to prod- STER, myself, the ranking member of the full viously sold them. They do this in order to fly uct development and company sales, to take committee, Mr. OBERSTAR, and the ranking them in air shows, flight demonstrations, replace. search, development, test, evaluation, or air- member of the Aviation Subcommittee, Mr. LI- I strongly use the House to support this leg- crew qualification. When they do this, FAA PINSKI, introduced H.R. 2036, the Aviation In- islation so that we can reauthorize this very now believes that they lose their status as surance Reauthorization Act of 1997 on June essential program. 25th. Mr. SHUSTER. Mr. Speaker, the war risk in- public aircraft and become subject to FAA reg- This war risk insurance program was first surance program has been a relatively non- ulations. However, as military aircraft, they authorized in 1951, and, over the years, has controversial program. cannot comply with civil regulations. been improved upon during the reauthorization In order to allow aircraft manufacturers to It was first authorized in 1951 and last reau- process. once again fly their aircraft in air shows and thorized in 1992. On May 1, 1997, the Aviation Subcommittee demonstrate them for customers, this bill will Since 1975, it has been used to insure more held a hearing to review the War Risk Insur- make clear that these aircraft retain their sta- than 5000 flights to trouble spots such as the ance Program, which expires tomorrow. tus as public aircraft when leased back to the Middle East, Haiti, and Bosnia. It was used to Of course, we rarely hear about this pro- manufacturer for these limited purposes. This insure airlines ferrying troops and supplies to gram until a conflict arises, like Vietnam, the provision will certainly not allow anyone to the Middle East during Operation Desert gulf war, or Bosnia. This insurance program lease a plane from the military and use it to Storm. was an integral part of our Nation's military re- carry passengers or for similar commercial sponse in those cases. The program is scheduled to expire at the end of this fiscal year. purposes. The reauthorization of this program is also I urge support for this legislation. very essential for a viable Civil Reserve Air The reauthorization of this program is rel- MR. OBERSTAR. Mr. Speaker, I Fleet Program which meets the Nation's secu- atively straightforward. yield back the balance of my time. rity needs. Several technical changes suggested by The SPEAKER pro tempore. The The Department of Defense depends on the GAO, the administration, or the affected air- question is on the motion offered by CRAF Program for over 90 percent of its pas- lines have been included in the bill. These the gentleman from California [Mr. sengers, 40 percent of its cargo, and nearly changes would do the followingÐ KIM] that the House suspend the rules 100 percent of its air medical evacuation ca- Authorize the Secretary to be guided by the and pass the bill, H.R. 2036, as amend- pability in wartime. These flights could not be reasonable business practices of the commer- ed. operated without the insurance provided by cial aviation insurance industry when deter- The question was taken. this bill. mining the amount for which an aircraft should Mr. CONDIT. Mr. Speaker, I object to So it is very important that we reauthorize be insured. the vote on the ground that a quorum this program in a timely manner. This change is intended to recognize that is not present and make the point of This bill was approved unanimously by the there may be instances in which an aircraft's order that a quorum is not present. Aviation Subcommittee on July 10 and by the market value is not the appropriate basis for The SPEAKER pro tempore. Pursu- full Transportation & Infrastructure Committee determining the amount of insurance. For ex- ant to clause 5, rule I, and the Chair’s on July 23. The bill incorporated many of the ample, this occurs in the case of leased or prior announcement, further proceed- suggestions we heard from expert witnesses mortgaged aircraft when the lessor or mortga- ings on this motion will be postponed. at our May hearing. gor require a specified amount of insurance in The point of no quorum is considered Mr. Speaker, this legislation authorizes the the lease or mortgage agreement. As the mar- withdrawn. Secretary of Transportation to be guided by ket values of aircraft fluctuate, the specified f reasonable business practices of the commer- amount may sometimes be different than the cial aviation insurance industry when deter- market value of the aircraft. GENERAL LEAVE mining the amount for which an aircraft should States that the President's signature of the Mr. KIM. Mr. Speaker, I ask unani- be insured. indemnification agreement between the DOT mous consent that all Members may This change is intended to recognize that Secretary and the head of another U.S. Gov- have 5 legislative days in which to re- there may be instances in which an aircraft's ernment agency will constitute the required vise and extend remarks and include September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8095 extraneous material on H.R. 2036, the Mr. Speaker, I rise in support of H.R. ably served the U.S. District Court for the Mid- bill just considered. 595, and I want to commend my col- dle District of Georgia for a number of years. The SPEAKER pro tempore. Is there league, the gentleman from Georgia Upon his appointment by President Eisen- objection to the request of the gen- [Mr. CHAMBLISS], for sponsoring this hower, Judge Bootle served as district judge tleman from California? legislation to designate the U.S. court- from 1954 to 1961 before serving as chief There was no objection. house in Macon, GA, as the ‘‘William judge from 1961 to 1972. Moreover, he served f Augustus Bootle Federal Building and the Middle District as assistant U.S. attorney WILLIAM AUGUSTUS BOOTLE FED- United States Courthouse.’’ and as U.S. attorney from 1928 to 1933. ERAL BUILDING AND UNITED b 1430 Judge Bootle also served the Macon commu- STATES COURTHOUSE nity as dean of Mercer University's School of Judge Bootle began his judicial ca- Law from 1933 to 1937. His distinguished Mr. KIM. Mr. Speaker, I move to sus- reer in 1925 when he was admitted to service is admired, appreciated, and recog- pend the rules and pass the bill (H.R. the Georgia bar. He has served the peo- nized throughout the State of Georgia. 595) to designate the Federal building ple of Georgia since 1928, when he was Upon Judge Bootle's appointment to the and U.S. courthouse located at 475 Mul- first appointed assistant U.S. attorney bench as the judge for the Middle District of berry Street in Macon, GA, as the for the Middle District of Georgia. In Georgia in 1954, the chief judge was ill and ‘‘William Augustus Bootle Federal 1954, he was appointed U.S. district remained so for an extended period of time, Building and United States Court- judge and served as the chief judge and until 1962 when another judge was ap- house’’. from 1961 through 1972, where at that pointed, Judge Bootle handled all six divisions The Clerk read as follows: time he had taken senior status. of the middle district of Georgia which in- H.R. 595 Mr. Speaker, it is absolutely fitting cluded the Athens, Macon, Columbus, Ameri- Be it enacted by the Senate and House of Rep- and proper to join forces with the gen- cus, Albany, and Valdosta Divisions. Those six resentatives of the United States of America in tleman from Georgia [Mr. CHAMBLISS] courthouses covered 71 counties in Georgia. Congress assembled, in recognizing the outstanding service Judge Bootle was also responsible for the SECTION 1. DESIGNATION. of Judge Bootle. I am proud to support admittance of the first black students into the The Federal building and United States this bill. I want to thank the gen- courthouse located at 475 Mulberry Street in University of Georgia. I would like to take this tleman from California [Mr. KIM] again Macon, Georgia, shall be known and des- opportunity to quote from a book written by for the effort he has put forward for ignated as the ‘‘William Augustus Bootle Frederick Allen entitled ``Atlanta Rising.'' This both sides of the aisle on this legisla- Federal Building and United States Court- book deals with a lot of history which took tion here, and I want to thank the house’’. place in the Atlanta area during the years of staff, Mr. Barnett and Ms. Brita, for SEC. 2. REFERENCES. the civil rights era. Any references in a law, map, regulation, their efforts in helping bring it along. The two black applicants who were denied document, paper, or other record of the Unit- Mr. Speaker, I rise in support of H.R. 595, admittance into the University of Georgia were ed States to the Federal building and United a bill to designate the U.S. Courthouse in Charlayne Hunter and Hamilton Holmes. They States courthouse referred to in section 1 Macon, GA, as the ``William Augustus Bootle shall be deemed to be a reference to the filed suit in the middle district of Georgia, and Federal Building and United States Court- ‘‘William Augustus Bootle Federal Building quoting from this book, I read as follows: and United States Courthouse’’. house''. Judge Bootle began his judicial career in Two black applicants, Charlayne Hunter The SPEAKER pro tempore. Pursu- and Hamilton Holmes, went to the court at- ant to the rule, the gentleman from 1925 when he was admitted to the Georgia tacking the welter of excuses University of bar. He has served the people of Georgia California [Mr. KIM] and the gentleman Georgia officials had concocted to keep them since 1928 when he was appointed assistant from Ohio [Mr. TRAFICANT] each will out. The two made a convincing case that control 20 minutes. U.S. attorney for the Middle District of Geor- the only reason they had been denied admis- The Chair recognizes the gentleman gia. sion was segregation, pure and simple. In a In 1954 he was appointed U.S. district judge ruling issued late on the afternoon of Friday, from California [Mr. KIM] . January 6, 1961, Judge William A. Bootle or- Mr. KIM. Mr. Speaker, I yield myself and served as the chief judge from 1961 through 1972, when he took senior status. dered Hunter and Holmes admitted to the such time as I may consume. school, not in 6 months or a year, but bright Mr. Speaker, H.R. 595 simply des- It is fitting and proper to honor his long, pro- and early the next Monday morning. ignates the U.S. courthouse in Macon, ductive career by this designation. Judge Bootle has dedicated himself to years GA, as the ‘‘William Augustus Bootle Mr. CHAMBLISS. Mr. Speaker, I would like of service as a humble steward of justice, his Federal Building and United States to take this opportunity to express my strong community, the State of Georgia, and the Unit- Courthouse.’’ support for H.R. 595, the William Augustus ed States. Due to this level of commitment, all Judge Bootle was appointed to the Bootle Federal Building and U.S. Courthouse. of these societies are better places. Naming U.S. District Court by President This is an issue of great importance to me, as the courthouse the ``William Augustus Bootle Dwight D. Eisenhower on May 20, 1954. well as the citizens of Macon, GA. Federal Building and United States Court- He presided as district judge and acted On February 5, 1997, I introduced this legis- house'' is an appropriate way to ensure the as chief judge handling all six divisions lation in the House of Representatives. H.R. judge's efforts will always be remembered. of the court in six different court- 595 is similar to a bill I introduced in the 104th houses, in 71 counties of Georgia. Congress, H.R. 4119. H.R. 4119 passed in the Again, I would like to urge my colleagues to Throughout his career, Judge Bootle House by voice vote, but unfortunately was vote in favor of naming the Federal Building was highly regarded by lawyers vetoed in the U.S. Senate along with many and United States Courthouse in Macon after throughout the district for his keen in- other naming bills. this honorable, deserving individual. tellect and warm sense of humor. He is, H.R. 595 passed in the Senate on June 12, Mr. TRAFICANT. Mr. Speaker, with perhaps, most widely recognized for his 1997, and I urge my colleagues to pass this that, I reserve the balance of my time. decision in 1961 ordering the admit- legislation in the House and send this bill to Mr. KIM. Mr. Speaker, I do not have tance of two African-American stu- the President for his signature. any other speakers, and I yield back dents to the University of Georgia. This courthouse is vital to judicial proceed- the balance of my time. This decision led to the desegregation ings in the State of Georgia. It serves as the Mr. TRAFICANT. I, too, Mr. Speak- of Georgia’s public school system. U.S. District Court for the Middle District of er, yield back the balance of my time. The naming of this courthouse in Georgia which covers much of the territory of The SPEAKER pro tempore. The Judge Bootle’s honor is certainly a fit- Georgia's 8th Congressional District which I question is on the motion offered by ting tribute to a distinguished jurist. I represent. Mr. Speaker, there is not a more the gentleman from California [Mr. support this bill and urge my col- deserving individual to name this building and KIM] that the House suspend the rules leagues to support the bill. courthouse for than Judge Bootle and the cur- and pass the bill, H.R. 595. Mr. Speaker, I reserve the balance of rent judges of the court wholeheartedly agree. The question was taken. my time. Judge Bootle received his undergraduate Mr. CONDIT. Mr. Speaker, I object to Mr. TRAFICANT. Mr. Speaker, I and juris doctor from Mercer University located the vote on the ground that a quorum yield myself such time as I may in Macon. He was admitted to the bar of the is not present and make the point of consume. State of Georgia in 1925. Judge Bootle honor- order that a quorum is not present. H8096 CONGRESSIONAL RECORD — HOUSE September 29, 1997 The SPEAKER pro tempore. Pursu- of order against the conference report Dellums Klug Redmond Diaz-Balart Knollenberg Regula ant to clause 5, rule I, and the Chair’s and against its consideration be Dickey Kolbe Reyes prior announcement, further proceed- waived; and that the conference report Dicks Kucinich Riggs ings on this motion will be postponed. be considered as read when called up. Dingell LaHood Riley The point of no quorum is considered The SPEAKER pro tempore. Is there Dixon Lampson Rivers Dooley Lantos Roemer withdrawn. objection to the request of the gen- Doolittle Largent Rogan f tleman from Louisiana? Doyle Latham Rogers There was no objection. Dreier LaTourette Rohrabacher GENERAL LEAVE Duncan Lazio Ros-Lehtinen f Dunn Leach Rothman Mr. KIM. Mr. Speaker, I ask unani- Edwards Levin Roukema mous consent that all Members may Ehlers Lewis (CA) Roybal-Allard MOTION TO ADJOURN Emerson Lewis (KY) Royce have 5 legislative days in which to re- Engel Linder Rush vise and extend their remarks and in- Mr. MILLER of California. Mr. English Lipinski Ryun clude extraneous material on H.R. 595. Speaker, I have a preferential motion Etheridge Livingston Sabo The SPEAKER pro tempore. Is there at the desk. Everett LoBiondo Salmon The SPEAKER pro tempore. The Ewing Lofgren Sandlin objection to the request of the gen- Fawell Lucas Sanford tleman from California? Clerk will report the motion. Foley Luther Sawyer There was no objection. The Clerk read as follows: Forbes Maloney (CT) Saxton Fowler Maloney (NY) Scarborough Mr. MILLER of California moves that the f Fox Manton Schaefer, Dan House do now adjourn. Franks (NJ) Manzullo Schaffer, Bob RECESS The SPEAKER pro tempore. The Frelinghuysen Mascara Schumer question is on the motion to adjourn Frost Matsui Scott The SPEAKER pro tempore. Pursu- Furse McCarthy (MO) Sensenbrenner ant to clause 12 of rule I, the Chair de- offered by the gentleman from Califor- Gallegly McCarthy (NY) Serrano clares the House in recess until 5 p.m. nia [Mr. MILLER]. Ganske McCollum Sessions Accordingly (at 2 o’clock and 32 min- The question was taken; and the Gibbons McCrery Shaw Gilchrest McDade Shays utes p.m.), the House stood in recess Speaker pro tempore announced that Gillmor McGovern Sherman until 5 p.m. the noes appeared to have it. Gilman McHale Shimkus f Mr. MILLER of California. Mr. Goode McHugh Shuster Speaker, I object to the vote on the Goodlatte McInnis Sisisky Goodling McIntyre Skaggs AFTER RECESS ground that a quorum is not present Gordon McKeon Skeen The recess having expired, the House and make the point of order that a Goss McKinney Skelton quorum is not present. Graham Meek Smith (MI) was called to order by the Speaker pro Granger Menendez Smith (NJ) tempore [Mr. EWING] at 5 o’clock and 1 The SPEAKER pro tempore. Evi- Green Metcalf Smith (OR) minute p.m. dently a quorum is not present. Greenwood Mica Smith (TX) Gutknecht Millender- Smith, Adam f The Sergeant at Arms will notify absent Members. Hall (OH) McDonald Smith, Linda Hall (TX) Miller (FL) Snowbarger PERMISSION TO FILE CON- The vote was taken by electronic de- Hamilton Minge Snyder FERENCE REPORT ON H.R. 2378, vice, and there were—yeas 55, nays 339, Hansen Moakley Solomon TREASURY, POSTAL SERVICE, not voting 39, as follows: Hastert Mollohan Spence Hastings (WA) Moran (KS) Spratt AND GENERAL GOVERNMENT AP- [Roll No. 460] Hayworth Moran (VA) Stabenow PROPRIATIONS ACT, 1998 YEAS—55 Hefley Morella Stark Hilliard Murtha Stearns Abercrombie Frank (MA) Mink Mr. LIVINGSTON. Mr. Speaker, I ask Hinojosa Myrick Strickland Allen Gejdenson Obey unanimous consent that the managers Hobson Nadler Stump Andrews Gutierrez Olver Hoekstra Nethercutt Sununu on the part of the House may have Barrett (WI) Hastings (FL) Pastor Holden Neumann Talent until midnight tonight, September 29, Becerra Hilleary Pelosi Hooley Ney Tanner Berry Jackson-Lee Rodriguez 1997, to file a conference report on the Horn Northup Tauzin Coburn (TX) Sanchez bill (H.R. 2378) making appropriations Hostettler Norwood Taylor (MS) Coyne Jefferson Shadegg Houghton Nussle Taylor (NC) for the Treasury Department, the U.S. Davis (FL) Kaptur Slaughter Hoyer Oberstar Thomas DeFazio Kind (WI) Stupak Postal Service, the Executive Office of Hulshof Ortiz Thompson Delahunt LaFalce Tauscher the President, and certain Independent Hunter Oxley Thornberry DeLauro Lewis (GA) Thurman Hutchinson Packard Thune Agencies, for the fiscal year ending Deutsch Lowey Tierney Hyde Pappas Tiahrt 1998, and for other purposes. Doggett Markey Torres Inglis Parker Traficant Eshoo Martinez Velazquez The SPEAKER pro tempore. Is there Istook Pascrell Turner Evans McDermott Vento objection to the request of the gen- Jackson (IL) Paul Upton Farr McNulty Visclosky John Paxon Walsh tleman from Louisiana? Filner Meehan Woolsey Johnson (CT) Payne Wamp Ford Miller (CA) There was no objection. Johnson (WI) Pease Waters f NAYS—339 Johnson, E. B. Peterson (MN) Watt (NC) Johnson, Sam Peterson (PA) Watts (OK) MAKING IN ORDER ON TUESDAY, Ackerman Boehlert Castle Jones Petri Waxman Aderholt Boehner Chabot SEPTEMBER 30, 1997, OR ANY Kanjorski Pickering Weldon (FL) Archer Bonilla Chambliss Kasich Pickett Weldon (PA) DAY THEREAFTER, CONSIDER- Armey Bonior Christensen Kelly Pitts Weller ATION OF CONFERENCE REPORT Bachus Borski Clay Kennedy (MA) Pombo Weygand ON H.R. 2378, TREASURY, POSTAL Baesler Boswell Clayton Kennedy (RI) Pomeroy White Baker Boucher Clement Kennelly Porter Whitfield SERVICE, AND GENERAL GOV- Baldacci Boyd Clyburn Kildee Portman Wicker ERNMENT APPROPRIATIONS ACT, Ballenger Brady Coble Kilpatrick Poshard Wise 1998 Barr Brown (CA) Collins Kim Price (NC) Wolf Barrett (NE) Brown (FL) Combest King (NY) Pryce (OH) Wynn Mr. LIVINGSTON. Mr. Speaker, I ask Bartlett Bryant Condit Kingston Radanovich Yates unanimous consent that it be in order Barton Bunning Cook Kleczka Rahall Bass Burr Costello Klink Ramstad on Tuesday, or on any day thereafter, Bateman Burton Cramer to consider the conference report to ac- Bentsen Buyer Crapo NOT VOTING—39 company the bill (H.R. 2378) making Bereuter Callahan Cubin Barcia Ehrlich Gonzalez Berman Calvert Cummings Bono Ensign Harman appropriations for the Treasury De- Bilbray Camp Cunningham partment, the U.S. Postal Service, the Brown (OH) Fattah Hefner Bilirakis Campbell Danner Chenoweth Fazio Herger Executive Office of the President, and Bishop Canady Davis (IL) Conyers Flake Hill certain Independent Agencies, for the Blagojevich Cannon Davis (VA) Cooksey Foglietta Hinchey Bliley Capps Deal fiscal year ending September 30, 1998, Cox Gekas Jenkins Blumenauer Cardin DeGette Crane Gephardt McIntosh and for other purposes; that all points Blunt Carson DeLay September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8097 Neal Sanders Towns Law 91–672 and section 15(a) of the State De- tion, fund, or authority provided in the ap- Owens Schiff Watkins partment Basic Authorities Act of 1956; plicable appropriations Act for the fiscal Pallone Souder Wexler The Department of the Interior and Relat- year 1998 and under the authority and condi- Quinn Stenholm Young (AK) tions provided in the applicable appropria- Rangel Stokes Young (FL) ed Agencies Appropriations Act, 1998; The Departments of Labor, Health and tions Act for the fiscal year 1997. b 1725 Human Services, and Education, and Related (c) Whenever an Act listed in this section Agencies Appropriations Act, 1998; has been passed by only the House or only Mr. SHIMKUS, Mr. HOYER, Ms. RIV- the Senate as of October 1, 1997, the perti- ERS, Mrs. MYRICK, and Mr. The Legislative Branch Appropriations Act, 1998; nent project or activity shall be continued CUNNINGHAM changed their vote The Military Construction Appropriations under the appropriation, fund, or authority from ‘‘yea’’ to ‘‘nay.’’ Act, 1998; granted by the one House at a rate for oper- So the motion to adjourn was re- The Department of Transportation Appro- ations not exceeding the current rate under jected. priations Act, 1998; the authority and conditions provided in the The result of the vote was announced The Treasury, Postal Service, and General applicable appropriations Act for the fiscal as above recorded. Government Appropriations Act, 1998; and year 1997: Provided, That whenever the amount of the budget request is less than the f The Departments of Veterans Affairs and Housing and Urban Development, and Inde- amount for current operations and the CONTINUING APPROPRIATIONS, pendent Agencies Appropriations Act, 1998: amounts which would be made available or FISCAL YEAR 1998 the authority which would be granted in the Provided, That, whenever the amount which appropriations Act as passed by the one Mr. LIVINGSTON. Mr. Speaker, pur- would be made available for the authority House as of October 1, 1997, is less than the suant to the order of the House of Sep- which would be granted in these Acts as amount for current operations, then the per- passed by the House and Senate as of Octo- tember 26, 1997, I call up the resolution tinent project or activity shall be continued ber 1, 1997, is different than that which would at a rate for operations not exceeding the (H.J. Res. 94) making continuing appro- be available or granted under current oper- priations for the fiscal year 1998, and greater of the rates that would be provided ations, the pertinent project or activity shall by the amount of the budget request or the for other purposes, and ask for its im- be continued at a rate for operations not ex- amount which would be made available or mediate consideration in the House. ceeding the current rate: Provided further, the authority which would be granted in the The Clerk read the title of the joint That whenever the amount of the budget re- applicable appropriations Act as passed by resolution. quest is less than the amount for current op- the one House under the appropriation, fund, The text of House Joint Resolution 94 erations and the amount which would be or authority provided in the applicable ap- made available or the authority which would is as follows: propriations Act for the fiscal year 1998 and be granted in these appropriations Acts as under the authority and conditions provided H.J. RES. 94 passed by the House and Senate as of Octo- in the applicable appropriations Act for the Resolved by the Senate and House of Rep- ber 1, 1997, is less than the amount for cur- fiscal year 1997: Provided further, That when- resentatives of the United States of America in rent operations, then the pertinent project ever there is no amount made available Congress assembled, or activity shall be continued at a rate for under any of these appropriations Acts as That the following sums are hereby appro- operations not exceeding the greater of the passed by the House or the Senate as of Octo- priated, out of any money in the Treasury rates that would be provided by the amount ber 1, 1997, for a continuing project or activ- not otherwise appropriated, and out of appli- of the budget request or the amount which ity which was conducted in fiscal year 1997 cable corporate or other revenues, receipts, would be made available or the authority and for which there is fiscal year 1998 fund- and funds, for the several departments, agen- which would be granted in these appropria- ing included in the budget request, the perti- cies, corporations, and other organizational tions Acts: Provided further, That whenever nent project or activity shall be continued at units of Government for the fiscal year 1998, there is no amount made available under any a rate for operations not exceeding the lesser and for other purposes, namely: of these appropriations Acts as passed by the of the rates that would be provided by the SEC. 101. (a) Such amounts as may be nec- House and Senate as of October 1, 1997, for a amount of the budget request or the rate for essary under the authority and conditions continuing project or activity which was current operations under the authority and provided in the applicable appropriations conducted in fiscal year 1997 and for which conditions provided in the applicable appro- Act for the fiscal year 1997 for continuing there is fiscal year 1998 funding included in priations Act for the fiscal year 1997. projects or activities including the costs of the budget request, the pertinent project or SEC. 102. No appropriation or funds made direct loans and loan guarantees (not other- activity shall be continued at a rate for oper- available or authority granted pursuant to wise specifically provided for in this joint ations not exceeding the lesser of the rates section 101 for the Department of Defense resolution) which were conducted in the fis- that would be provided by the amount of the shall be used for new production of items not cal year 1997 and for which appropriations, budget request or the rate for current oper- funded for production in fiscal year 1997 or funds, or other authority would be available ations under the authority and conditions prior years, for the increase in production in the following appropriations Acts: provided in the applicable appropriations rates above those sustained with fiscal year The Agriculture, Rural Development, Food Act for the fiscal year 1997. 1997 funds, or to initiate, resume, or continue and Drug Administration, and Related Agen- (b) Whenever the amount which would be any project, activity, operation, or organiza- cies Appropriations Act, 1998; made available or the authority which would tion which are defined as any project, sub- The Departments of Commerce, Justice, be granted under an Act listed in this section project, activity, budget activity, program and State, the Judiciary, and Related Agen- as passed by the House as of October 1, 1997, element, and subprogram within a program cies Appropriations Act, 1998, notwithstand- is different from that which would be avail- element and for investment items are fur- ing section 15 of the State Department Basic able or granted under such Act as passed by ther defined as a P–1 line item in a budget Authorities Act of 1956, section 701 of the the Senate as of October 1, 1997, the perti- activity within an appropriation account and United States Information and Educational nent project or activity shall be continued at an R–1 line item which includes a program Exchange Act of 1948, section 313 of the For- a rate for operations not exceeding the cur- element and subprogram element within an eign Relations Authorization Act, Fiscal rent rate under the appropriation, fund, or appropriation account, for which appropria- Years 1994 and 1995 (Public Law 103–236), and authority granted by the applicable appro- tions, funds, or other authority were not section 53 of the Arms Control and Disar- priations Act for the fiscal year 1998 and available during the fiscal year 1997: Pro- mament Act; under the authority and conditions provided vided, That no appropriation or funds made The Department of Defense Appropriations in the applicable appropriations Act for the available or authority granted pursuant to Act, 1998, notwithstanding section 504(a)(1) of fiscal year 1997: Provided, That whenever the section 101 for the Department of Defense the National Security Act of 1947; amount of the budget request is less than the shall be used to initiate multi-year procure- The District of Columbia Appropriations amount for current operations and the ments utilizing advance procurement fund- Act, 1998, the House and Senate reported ver- amounts which would be made available or ing for economic order quantity procurement sions of which shall be deemed to have the authority which would be granted in unless specifically appropriated later. passed the House and the Senate respectively these appropriations Acts as passed by the SEC. 103. Appropriations made by section as of October 1, 1997, for the purposes of this House and the Senate as of October 1, 1997, 101 shall be available to the extent and in the joint resolution, unless a reported version is are both less than the amount for current op- manner which would be provided by the per- passed as of October 1, 1997, in which case the erations, then the pertinent project or activ- tinent appropriations Act. passed version shall be used in place of the ity shall be continued at a rate for oper- SEC. 104. No appropriation or funds made reported version for the purposes of this ations not exceeding the greater of the rates available or authority granted pursuant to joint resolution; that would be provided by the amount of the section 101 shall be used to initiate or re- The Energy and Water Development Ap- budget request or the amount which would sume any project or activity for which appropriations Act, 1998; be made available or the authority which propriations, funds, or other authority were The Foreign Operations, Export Financing, would be granted in the applicable appro- not available during the fiscal year 1997. and Related Programs Appropriations Act, priations Act as passed by the House or as SEC. 105. No provision which is included in 1998, notwithstanding section 10 of Public passed by the Senate under the appropria- an appropriations Act enumerated in section H8098 CONGRESSIONAL RECORD — HOUSE September 29, 1997 101 but which was not included in the appli- sions of section 101 multiplied by the ratio of The SPEAKER pro tempore. Pursu- cable appropriations Act for fiscal year 1997 the number of days covered by this resolu- ant to the order of the House of Friday, and which by its terms is applicable to more tion to 365. September 26, 1997, the gentleman from than one appropriation, fund, or authority SEC. 115. Notwithstanding any other provi- Louisiana [Mr. LIVINGSTON] and the shall be applicable to any appropriation, sion of this joint resolution, except section fund, or authority provided in this joint res- 106, the amounts made available for the fol- gentleman from Wisconsin [Mr. OBEY] olution. lowing new programs authorized by the Na- each will control 30 minutes. SEC. 106. Unless otherwise provided for in tional Capital Revitalization and Self-Gov- The Chair recognizes the gentleman this joint resolution or in the applicable ap- ernment Act of 1997, Public Law 105–33, shall from Louisiana [Mr. LIVINGSTON]. propriations Act, appropriations and funds be the higher of the amounts in the budget request or the House or Senate District of GENERAL LEAVE made available and authority granted pursu- Mr. LIVINGSTON. Mr. Speaker, I ask ant to this joint resolution shall be available Columbia Appropriations Act, 1998, passed as until (a) enactment into law of an appropria- of October 1, 1997, multiplied by the ratio of unanimous consent that all Members tion for any project or activity provided for the number of days covered by this joint res- may have 5 legislative days in which to in this joint resolution, or (b) the enactment olution to 365: Federal Contribution to the revise and extend their remarks on into law of the applicable appropriations Act Operations of the Nation’s Capital; Federal House Joint Resolution 94 and that I by both Houses without any provision for Payment to the District of Columbia Correc- might include tabular and extraneous such project or activity, or (c) October 23, tions Trustee Operations; Payment to the District of Columbia Corrections Trustee for material. 1997, whichever first occurs. Correctional Facilities, Construction and The SPEAKER pro tempore. Is there SEC. 107. Appropriations made and authority granted pursuant to this joint resolution Repair, and Federal Payment to the District objection to the request of the gen- shall cover all obligations or expenditures of Columbia Criminal Justice System: Pro- tleman from Louisiana? vided, That the amounts made available for incurred for any program, project, or activ- There was no objection. the last item shall be made available to the ity during the period for which funds or au- Mr. LIVINGSTON. Mr. Speaker, as a Joint Committee on Judicial Administration thority for such project or activity are avail- in the District of Columbia; the District of matter of a point of order, I would like able under this joint resolution. Columbia Truth in Sentencing Commission; to make sure I understood properly. SEC. 108. Expenditures made pursuant to the Pretrial Services, Defense Services, Pa- this joint resolution shall be charged to the b 1730 role, Adult Probation, and Offender Super- applicable appropriation, fund, or authoriza- vision Trustee; and the United States Parole Mr. Speaker, did the Chair say that tion whenever a bill in which such applicable Commission as appropriate. each side would be provided with 30 appropriation, fund, or authorization is con- SEC. 116. Notwithstanding any other provi- minutes to debate this issue? tained is enacted into law. sion of this joint resolution, except section The SPEAKER pro tempore (Mr. SEC. 109. No provision in the appropriations 106, the authorities provided under sub- EWING). The gentleman is correct. The Act for the fiscal year 1998 referred to in sec- section (a) of section 140 of the Foreign Rela- tion 101 of this Act that makes the availabil- tions Authorization Act, Fiscal Years 1994 gentleman from Louisiana [Mr. LIVING- ity of any appropriation provided therein de- and 1995 (Public Law 103–236) shall remain in STON] will control 30 minutes and the pendent upon the enactment of additional effect during the period of this Act, notwith- gentleman from Wisconsin [Mr. OBEY] authorizing or other legislation shall be ef- standing paragraphs (3) and (5) of said sub- will control 30 minutes. fective before the date set forth in section section. Mr. LIVINGSTON. Mr. Speaker, I 106(c) of this joint resolution. SEC. 117. Notwithstanding any other provi- certainly do not anticipate using that SEC. 110. Appropriations and funds made sion of this joint resolution, except section available by or authority granted pursuant 106, the authorities provided under 217 of the time, but I ask unanimous consent to this joint resolution may be used without Immigration and Nationality Act (8 U.S.C. that we each cede 5 minutes to the gen- regard to the time limitations for submis- 1187) shall remain in effect during the period tleman from California [Mr. sion and approval of apportionments set of this joint resolution, notwithstanding sub- ROHRABACHER], who has a concern forth in section 1513 of title 31, United States section (f) of said section. about a provision in the bill. Code, but nothing herein shall be construed SEC. 118. The National Flood Insurance Act The SPEAKER pro tempore. Is there of 1968 (42 U.S.C. 4026) is amended in section to waive any other provision of law govern- objection to the request of the gen- ing the apportionment of funds. 1319 by striking ‘‘September 30, 1997’’ and in- SEC. 111. This joint resolution shall be im- serting ‘‘October 23, 1997’’ and in section 1336 tleman from Louisiana? plemented so that only the most limited by striking ‘‘September 30, 1996’’ and insert- There was no objection. funding action of that permitted in the joint ing ‘‘October 23, 1997’’. The SPEAKER pro tempore. The gen- resolution shall be taken in order to provide SEC. 119. Notwithstanding section 204 of tleman from California [Mr. for continuation of projects and activities. the Financial Responsibility and Manage- ROHRABACHER] will control 10 minutes. SEC. 112. Notwithstanding any other provi- ment Assistance Act of 1995 related to the (Mr. LIVINGSTON asked and was latest maturity date for the short-term sion of this joint resolution, except section given permission to revise and extend 106, for those programs that had high initial Treasury advances, the District of Columbia rates of operation or complete distribution government may delay repayment of the 1997 his remarks.) of fiscal year 1997 appropriations at the be- Treasury advances beyond October 1, 1997 Mr. LIVINGSTON. Mr. Speaker, I ginning of that fiscal year because of dis- until it receives the full year Federal con- yield myself such time as I may tributions of funding to States, foreign coun- tribution, as authorized by section 11601 of consume. tries, grantees or others, similar distribu- the National Capital Revitalization and Self- Mr. Speaker, fiscal year 1998 begins tions of funds for fiscal year 1998 shall not be Government Improvement Act of 1997, Public tomorrow. The Congress has not pre- made and no grants shall be awarded for Law 105–33. Any interest or penalties that would generally apply to such late payments sented all 13 regular appropriations such programs funded by this resolution that bills to the President. Because these would impinge on final funding prerogatives. are hereby waived under this provision SEC. 120. In addition to the amounts made bills will not be enacted by tomorrow SEC. 113. Notwithstanding any other provi- available for the Veterans Health Adminis- sion of this joint resolution, except section night, it is necessary now to proceed tration, Medical Care account pursuant to 106, the amount made available to the Secu- with a short term continuing resolu- section 101 of this joint resolution, this ac- rities and Exchange Commission, under the tion, and I emphasize that, short-term count is also available for necessary admin- heading Salaries and Expenses, shall include, istrative and legal expenses of the Depart- continuing resolution so that the Gov- in addition to direct appropriations, the ment for collecting and removing amounts ernment can continue to operate while amount it collects under the fee rate and off- owed the Department as authorized under 38 we finish our work. setting collection authority contained in U.S.C. chapter 17, and the Federal Medical Currently we have concluded a con- Public Law 104–208, which fee rate and offset- Care Recovery Act, 42 U.S.C. 2651 et seq. ting collection authority shall reman in ef- ference on five bills and six more are in SEC. 121. Notwithstanding section 235(a)(3) conference and we are making good fect during the period of this joint resolu- of the Foreign Assistance Act of 1961 (22 tion. U.S.C. 2195(a)(3)), the authority of section progress, but we need a little bit more SEC. 114. Notwithstanding any other provi- 235(a)(1) and (2), of the same Act, shall re- time. sion of this joint resolution, except section main in effect during the period of this joint While I wish I were here today speak- 106, the rate for operations for projects and resolution. ing on the last of the 13 conference re- activities that would be funded under the SEC. 122. Section 7 of the Export-Import ports that we will need to approve, un- heading ‘‘International Organizations and Bank Act of 1945 (12 U.S.C. 635f) is amended fortunately, I am not. But I am also Conferences, Contributions to International by striking ‘‘1997’’ and inserting ‘‘October 23, not here to despair that the process is Organizations’’ in the Departments of Com- 1997’’. merce, Justice, and State, the Judiciary, and SEC. 123. Section 506(c) of Public Law 103– broken and that we are facing a stale- Related Agencies Appropriations Act, 1998, 317 is amended by striking ‘‘September 30, mate or Government shutdown. Even shall be the amount provided by the provi- 1997’’ and inserting ‘‘October 23, 1997’’. though we are here with a continuing September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8099 resolution, this resolution will be For this reason, we have included it in 30, 1997. Ultimately, the conferees signed and we will get our appropria- this continuing resolution. dropped my amendment, which, of tions work completed in the near fu- Mr. Speaker, while I am disappointed course, was the only one that was ever ture. that we have to be here at all with a voted on in this House, arguing that Why are we not finished? Well, last continuing resolution, this is the right the other provisions of the Illegal Im- year we passed our first bill on May 30, kind of a short-term CR that we should migration Reform Act were being and this year we passed our first bill on be doing. It will be signed, and we can phased in and that 245(i) would expire July 8. This year, we withheld action complete our work, so I urge adoption anyway. I was stunned to learn that on our appropriations bills pending the of the resolution. the continuing resolution, this con- disposition of the budget agreement. It Mr. Speaker, I reserve the balance of tinuing resolution, provides for an ex- took awhile, but it finally came. And my time. tension of 245(i). though we started late, it was worth it Mr. OBEY. Mr. Speaker, I yield 2 Mr. Speaker, there are several rea- because the agreement gave us the con- minutes to the gentleman from Mary- sons why 245(i) are bad for this coun- fidence to develop bills within an over- land [Mr. HOYER]. try, and our Members should know all funding agreement. This is also the Mr. HOYER. Mr. Speaker, I thank about this. Number one, it contradicts reason that I believe we will be able to my friend, the gentleman from Wiscon- the Illegal Immigration Reform Act get our work completed in the near fu- sin [Mr. OBEY], the distinguished rank- passed last year by inviting people who ture. ing member of the Committee on Ap- are illegally in this country to partici- This continuing resolution is slightly propriations, and I rise to congratulate pate in a system that will encourage different than those of the past. The the gentleman from Louisiana [Mr. even more people to come illegally into basic rate is the current rate of 1997 LIVINGSTON], the chairman of the Com- this country. bills. Previous ones used were slightly mittee on Appropriations, and the Mr. Speaker, 245(i) rewards individ- more restrictive rates. However, this ranking member. uals who either snuck across our bor- Clearly, for those of us who represent should not jeopardize final funding ders or who overstayed their visas by large numbers of Federal employees, rates because the continuing resolution allowing them to pay $1,000 to the INS September 30 is always a traumatic is a short-term one, and we take pre- and have their status changed from il- day for them to face. In fact I think cautions to lower or restrict those cur- legal to legal. This is blatantly unfair both sides of the aisle have agreed that rent rates that might be too high or to the millions of people around the we are not going to put them at risk as higher than finally agreed to. Also, the world who abide by our laws, go we move through the appropriations traditional restrictions such as no new through the proper screening process, process trying to get our work done on starts and 1997 terms and conditions and they are doing this in their own time, and I just wanted to come to the are included. The expiration date is Oc- countries, they are waiting in line floor to say that I, for one, and I know tober 23, 1997, and that should give us there, and wait their turn to become all of the other Members on both sides time to complete our work. American residents. Earlier this year there was extensive appreciate the fact that we are moving Mr. Speaker, 245(i) is a slap in the debate about enacting an automatic on when nobody intends to shut down face to these people who are obeying continuing resolution so that we would the Federal Government, to do our our laws and trying to come here le- not have to be here now on this bill. business, to resolve our differences in gally. It makes a joke out of our legal The argument went something like: If an orderly and productive fashion. I immigration system and sends the there is an automatic continuing reso- thank the chairman and I thank the clear message that if one is abiding by lution, then there will never be a con- ranking member for this time. our laws and waiting one’s turn in troversial rider attached to a short- Mr. ROHRABACHER. Mr. Speaker, I their own country to come here, that term continuing resolution that will yield myself such time as I may person is a fool. Why wait one’s turn in cause a Government shutdown. My an- consume. one’s own country when one can break swer to that is if we do not want a Gov- Included in this continuing resolu- the laws of the United States, come ernment shutdown, then develop non- tion is a 3-week extension of a tem- here and pay $1,000 and basically be controversial continuing resolutions. porary provision of the Immigration moved to the front of the line. Besides, if any of the proposed auto- and Nationality Act known as section matic continuing resolutions, or CR’s, 245(i). This provision was snuck into Extending 245(i) also raises serious had been enacted, we would still be the law 3 years ago. If we do not permit national security questions. Unlike here today because we would have it to expire, it will destroy the integ- those who enter the United States le- needed some additional provisions be- rity of the legal immigration process gally, 245(i) applicants are not required cause of funding anomalies. into the United States and nullify the to go through the same criminal his- Every CR that has ever been devel- Illegal Immigration Reform Act that tory checks as they do go through in oped has had anomalies; it is just the we just passed last year. their home countries when they are nature of the beast. Account structures Three years ago the Democrat leader- awaiting their turn to come here le- change, new initiatives need to be ship engaged in an undemocratic tactic gally. started, restrictions need to be im- to get this provision into law. At that Consular officers located in the appli- posed. Every CR needs to be fine-tuned time I begged the Committee on Rules cant’s home country, along with for- for each circumstance. Automatic pi- not to waive points of order against eign national employees working for lots will not work. Good-faith negotia- putting into our immigration law sec- the State Department, are in the best tions will work, and Government shut- tion 245(i), or what I called the Ken- position to determine if an applicant downs do not need to occur in those nedy loophole. This provision, estab- has a criminal background or is some situations. lishing a 3-year period in which illegal kind of a national security risk. Con- I should point out that there is a pro- aliens could become legal while staying sulates abroad are more knowledge- vision in this CR that extends section in the United States, was not consid- able. They speak the local language; 245(i) of the Immigration and National- ered separately by either House of the they know the different criminal jus- ity Act for 23 days. There is some con- Congress, but instead was inserted dur- tice systems in those countries. They troversy about extending this provi- ing conference negotiations on the are the ones who should be screening sion, as will be noted by the gentleman Commerce, Justice, and State, the Ju- people before they come to the United from California [Mr. ROHRABACHER]. diciary, and related agencies appro- States, so that we do not have crimi- This CR would only provide a very lim- priations bill. nals and terrorists coming to the Unit- ited extension, though, to that provi- To date, there has only been one time ed States, not being screened, and end sion that would otherwise expire to- in which either Chamber has voted on up paying $1,000 to be put in the front morrow night. This should give the this provision. That was when the of the line. Congress time to address this matter in House adopted my amendment last This is absurd that we are doing this, a more direct way, given the fact that year to repeal 245(i) a year before it and again, the only time we voted on we are extending it only for 3 weeks. was scheduled to expire on September this, we voted it down. H8100 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Those who support the extension of b 1745 all the time is legislation that slips in 245(i) maintain that allowing it to ex- Mr. Speaker, I ask my colleagues to in the dark of night, when no one is pire will force undue hardship on these consider voting ‘‘no’’ on the concurrent around, by unanimous consent. That is illegal aliens by breaking up their fam- resolution. how this was put into this bill. ilies. Well, we are also breaking up the Mr. Speaker, I yield 1 minute to my That is wrong, Mr. Speaker. This pro- families of the people who are standing friend, the gentleman from San Diego, vision to allow illegals to remain in this country, the only thing they in line and have families here in the CA [Mr. HORN]. United States, who are waiting their Mr. HORN. Mr. Speaker, I would like should have is a ticket out of here, turn and going through the legal proc- to congratulate the gentleman from illegals out of the United States of esses. There are just as many families California [Mr. ROHRABACHER] for the America, period. If we take a look at being broken up; we are just saying the eloquence with which he has ap- how over the period of time that immi- people who come here illegally, we are proached this subject. He is absolutely gration has rewarded the United going to care about them, but not the correct on every single point. It is States, that is good. I just returned from the Philippines. ones standing in line who want to come shameful to have this provision in, and join their families in the United The State Department is overwhelmed where people illegally here, by paying by visas from people trying to come States. Some of those people have been $1,000 or whatever, can now get into into this country legally. We need to waiting years to come here legally. this country. support that, Mr. Speaker, and take The gentleman is also correct, when Proponents of 245(i) also maintain out this provision. We do not have the that the provision only applies to those we go around the world and see many votes to beat this, but we should have who are already eligible for permanent of our friends in the Philippines, for ex- an up-or-down vote on this provision. resident status. The same millions of ample, long, long lines. They have pur- Mr. OBEY. Mr. Speaker, I yield my- people around the world, by the way, sued immigration here legally. This self 1 minute. we are talking about, they are eligible undercuts, of course, what we did in Mr. Speaker, I would simply say, this for permanent residency status. These Simpson-Mazzoli, long before I got is not a piece of legislation to extend people have been waiting in line and here. As everybody in this Chamber the Immigration Service. This is a waiting in line. All we are doing, again, knows, it was a great law, but the im- piece of legislation to keep the Govern- is we are picking the people who have plementation was gutted. ment open so we do not shut down the broken the law to move to the head of The result of that is that people Government, either on purpose or by the line and giving them benefits that come here illegally, and gain us more accident. we are not giving to people who are congressional districts in California, I I would point out that the fiscal year obeying the law and waiting their turn will say to my friends east of the Sier- starts in 2 days, and there are only 9 in line. ras. If they do not want to help us on legislative days left between now and It is time to be honest about this pro- this, just plan on losing a few more the expiration of the concurrent reso- vision. The reason 245(i) still exists is seats out of New York, Pennsylvania, lution, which we now have before us. because it raises money for the INS. Kentucky. Last time I think we took So I think we need to find the fastest Those are the people who get that two from Pennsylvania, one from Ken- possible way to resolve differences and $1,000; and it lightens the caseload of tucky, and so on. So we need the Mem- finish these bills. Mr. Speaker, I yield back the balance our consulates abroad. Funding for the bers’ help. It is wrong. Let us straight- of my time. INS, and lightening the State Depart- en it out today. Mr. ROHRABACHER. Mr. Speaker, I Mr. LIVINGSTON. Mr. Speaker, I ment’s workload, these are separate is- yield myself 30 seconds. sues. Sneaking provisions into the law yield 30 seconds to the gentleman from California [Mr. BILBRAY]. Mr. Speaker, I simply would add that to encourage illegal immigration is not the gentleman from Wisconsin [Mr. the way that we should raise money for Mr. BILBRAY. Mr. Speaker, this is an issue of fairness and of common OBEY] is absolutely correct. This is a the INS or lighten the workload for the bill which extends the opportunity for State Department. sense. I know those words may seem extreme to some people in this House. Government to keep from shutting Mr. Speaker, we are a nation of im- Fairness is the issue. There are people down because those appropriations migrants and the citizens of this coun- who are playing by the rules waiting to bills which have not yet been signed try are a fair people and we welcome enter this country legally. They do not into law can and will be within the 3 newcomers with open arms. This is not get an option to buy their way into a weeks allotted by this bill. about legal immigration; this is about The fact that the immigration issue fast track. is involved only extends what has been government-sponsored illegal activity Common sense says we do not reward lawful for the last several years for 3 so that the INS can make a buck. people for breaking the law, and do not specific weeks. In that 3 weeks, I hope Last year we promised our constitu- give them vehicles for people breaking that the opponents of these provisions ents that we would no longer take the law that are not available to those can meet their demands and satisfy their money to pay for an immigration who play by the rules. I want every system that is unfair, randomly ap- their concerns. Member here who voted for the immi- In any event, Mr. Speaker, I urge the plied and contradictory. We told our gration reform bill last year to remem- constituents that we would no longer adoption of this continuing resolution. ber this provision is a veto of the most Mr. QUINN. Mr. Speaker, I would like to ex- support a system which rewards those commonsense part of that bill that who break our law. That was the es- press my support for House Joint Resolution says we will stop rewarding people for 94, making continuing appropriations for the sence of what we were trying to do. We breaking our laws and coming here il- promised them that this country’s im- fiscal year ending September 30, 1997. legally. This resolution provides temporary funding, migration system would embody the Mr. ROHRABACHER. Mr. Speaker, I beginning October 1, 1997, and lasting until principles that have drawn would-be yield 1 minute to the gentleman from either October 23 or when the relevant bill is Americans to our country for cen- San Diego, [Mr. DUKE CUNNINGHAM]. singed into law, whichever comes first. The turies, meaning fairness and equity. Perhaps if he has some other things to continuing resolution funds ongoing projects at Are we going to extend this provision say some other Members might yield current rates, except for those for which both which makes a mockery of fairness and him another minute or two. the President and Congress have proposed equity? Are we going to break the Mr. CUNNINGHAM. Mr. Speaker, reduced funding. promise that we made to the American first of all, we need to differentiate be- The joint resolution also allows payment for people and provide this incredible loop- tween legal and illegal. The United the administrative costs of the user fee pro- hole, in which hundreds of thousands if States of America has more legal en- gram of the Veterans Administrative Medicare not over 1 million people who are in trants than all the other countries put Care Program. this country legally will be able to stay together. That is good. However, where This short-term measure would allow the in this country at the expense of other we must draw the line is illegal immi- Congress to continue its important work of people who have been waiting in line, gration. It is beyond me. The thing passing appropriations bills while not dan- waiting their legal turn? that both sides of the aisle fight over gerously bringing the Government to a halt. I September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8101 strongly opposed the Government shutdowns Ganske Lucas Rogers Salmon Schaffer, Bob Stump Gejdenson Luther Ros-Lehtinen Sanford Sensenbrenner Taylor (MS) of 1995 and 1996, as it had a direct effect on Gekas Maloney (CT) Rothman Scarborough Shadegg Traficant many of my constituents in western New York. Gibbons Maloney (NY) Roybal-Allard Schaefer, Dan Stearns Wamp Gilchrest Manton Rush Last year, many Federal workers in my dis- NOT VOTING—21 trict were forced to stay home from work and Gilman Markey Ryun Goodlatte Martinez Sabo Barcia Gephardt Pallone did not receive a paycheck for months. This Goodling Mascara Sanchez Conyers Gonzalez Quinn resolution will see to it that this type of situa- Gordon Matsui Sanders Cooksey Harman Rangel tion is averted. Many of my constituents also Goss McCarthy (MO) Sandlin Ensign Hefner Schiff were unable to obtain passports, iron out Granger McCarthy (NY) Sawyer Fattah Hinchey Stenholm Green McCollum Saxton Flake Jenkins Watkins problems with their deserved benefits, or enjoy Greenwood McCrery Schumer Foglietta Neal Young (FL) visiting our national parks while on vacation. Gutierrez McDade Scott b The SPEAKER pro tempore (Mr. Gutknecht McDermott Serrano 1809 Hall (OH) McGovern Sessions EWING). All time for debate has ex- Hamilton McHale Shaw Mr. MCINNIS, Mr. MANZULLO, Mrs. pired. Hansen McHugh Shays CHENOWETH, and Mr. CAMPBELL The joint resolution is considered as Hastert McIntosh Sherman changed their vote from ‘‘yea’’ to Hastings (FL) McIntyre Shimkus having been read for amendment. Hastings (WA) McKinney Shuster ‘‘nay.’’ Pursuant to the order of the House of Hill McNulty Sisisky Mr. HASTINGS of Florida and Mr. Friday, September 26, 1997, the pre- Hilliard Meehan Skaggs SANDLIN changed their vote from vious question is ordered. Hinojosa Meek Skeen ‘‘nay’’ to ‘‘yea.’’ Hobson Menendez Skelton The question is on the engrossment Hoekstra Mica Slaughter So the joint resolution was passed. and third reading of the joint resolu- Holden Millender- Smith (MI) The result of the vote was announced tion. Hooley McDonald Smith (NJ) as above recorded. Hostettler Miller (CA) Smith (OR) The joint resolution was ordered to Houghton Miller (FL) Smith (TX) A motion to reconsider was laid on be engrossed and read a third time, and Hoyer Minge Smith, Adam the table. was read the third time. Hulshof Mink Smith, Linda f The SPEAKER pro tempore. The Hutchinson Moakley Snowbarger Hyde Mollohan Snyder PERSONAL EXPLANATION question is on the passage of the joint Inglis Moran (KS) Solomon resolution. Istook Moran (VA) Souder Mr. JENKINS. Mr. Speaker, due to The question was taken; and the Jackson (IL) Morella Spence airline cancellations, I was unable to Jackson-Lee Murtha Spratt Speaker pro tempore announced that (TX) Myrick Stabenow make rollcall vote No. 461. Had I been the ayes appeared to have it. Jefferson Nadler Stark present I would have voted ‘‘Yea.’’ I Mr. ROHRABACHER. Mr. Speaker, John Nethercutt Stokes would have voted ‘‘No’’ on vote No. 460. Johnson (CT) Ney Strickland on that I demand a recorded vote. Johnson (WI) Northup Stupak f A recorded vote was refused. Johnson, E. B. Nussle Sununu Mr. ROHRABACHER. Mr. Speaker, I Johnson, Sam Oberstar Talent ANNOUNCEMENT BY THE SPEAKER object to the vote on the ground that a Kanjorski Obey Tanner The SPEAKER. Pursuant to the pro- Kaptur Olver Tauscher quorum is not present and make the Kasich Ortiz Tauzin visions of clause 5, rule I, the Chair point of order that a quorum is not Kelly Owens Taylor (NC) will now put the question on the fol- present. Kennedy (MA) Oxley Thomas lowing motions to suspend the rules on Kennedy (RI) Packard Thompson The SPEAKER pro tempore. Evi- Kennelly Pappas Thornberry which further proceedings were post- dently a quorum is not present. Kildee Parker Thune poned earlier today in the order in The Sergeant at Arms will notify ab- Kilpatrick Pascrell Thurman which that motion was entertained. sent Members. Kim Pastor Tiahrt Votes will be taken in the following Kind (WI) Paxon Tierney The vote was taken by electronic de- King (NY) Payne Torres order: vice, and there were—yeas 355, nays 57, Kingston Pease Towns S. 1211, de novo; not voting 21, as follows: Kleczka Pelosi Turner H.R. 2261, de novo; Klink Peterson (MN) Upton [Roll No. 461] Klug Peterson (PA) Velazquez H.R. 2472, de novo. YEAS—355 Knollenberg Petri Vento Further proceedings on the remain- Kolbe Pickering Visclosky Abercrombie Brown (OH) Delahunt ing motions to suspend the rules will Kucinich Pitts Walsh be postponed until a subsequent legis- Ackerman Bryant DeLauro LaFalce Pombo Waters Aderholt Bunning Dellums LaHood Pomeroy Watt (NC) lative day. Allen Burr Deutsch Lampson Porter Watts (OK) The Chair will reduce to 5 minutes Andrews Burton Diaz-Balart Lantos Portman Waxman the time for any electronic vote after Archer Buyer Dickey Latham Poshard Weldon (FL) Armey Callahan Dicks LaTourette Price (NC) Weldon (PA) the first such vote in this series. Bachus Calvert Dingell Lazio Pryce (OH) Weller f Baesler Camp Dixon Leach Radanovich Wexler Baldacci Canady Doggett Levin Rahall Weygand Ballenger Cannon Dooley PROVIDING PERMANENT AUTHOR- Lewis (CA) Ramstad White ITY FOR THE ADMINISTRATION Barrett (NE) Capps Doyle Lewis (GA) Redmond Whitfield Barrett (WI) Cardin Dreier Lewis (KY) Regula Wicker OF AU PAIR PROGRAMS Bass Carson Dunn Linder Reyes Wise The SPEAKER. The pending business Bateman Castle Edwards Lipinski Riggs Wolf Becerra Chabot Ehlers Livingston Rivers Woolsey is the question of suspending the rules Bentsen Christensen Ehrlich LoBiondo Rodriguez Wynn and passing the Senate bill, S. 1211. Bereuter Clay Emerson Lofgren Roemer Yates The Clerk read the title of the Senate Berman Clayton Engel Lowey Rogan Young (AK) Berry Clement English bill. Bilirakis Clyburn Eshoo NAYS—57 The SPEAKER. The question is on Bishop Condit Etheridge Blagojevich Cook Evans Baker DeLay Hunter the motion offered by the gentleman Bliley Costello Farr Barr Doolittle Jones from California [Mr. CAMPBELL] that Blumenauer Cox Fawell Bartlett Duncan Largent the House suspend the rules and pass Blunt Coyne Fazio Barton Everett Manzullo the Senate bill, S. 1211. Boehlert Cramer Filner Bilbray Ewing McInnis Boehner Crane Foley Bono Gallegly McKeon The question was taken. Bonilla Crapo Forbes Campbell Gillmor Metcalf RECORDED VOTE Bonior Cummings Ford Chambliss Goode Neumann Borski Cunningham Fowler Chenoweth Graham Norwood Mr. DOGGETT. Mr. Speaker, I de- Boswell Danner Fox Coble Hall (TX) Paul mand a recorded vote. Boucher Davis (FL) Frank (MA) Coburn Hayworth Pickett A recorded vote was ordered. Boyd Davis (IL) Franks (NJ) Collins Hefley Riley The vote was taken by electronic de- Brady Davis (VA) Frelinghuysen Combest Herger Rohrabacher Brown (CA) DeFazio Frost Cubin Hilleary Roukema vice, and there were—ayes 377, noes 33, Brown (FL) DeGette Furse Deal Horn Royce not voting 23, as follows: H8102 CONGRESSIONAL RECORD — HOUSE September 29, 1997 [Roll No. 462] Reyes Skaggs Thune [Roll No. 463] Riley Skeen Thurman AYES—397 AYES—377 Rivers Skelton Tiahrt Rodriguez Slaughter Tierney Abercrombie Doggett King (NY) Abercrombie Dunn Lampson Roemer Smith (MI) Torres Ackerman Dooley Kingston Ackerman Edwards Lantos Rogan Smith (NJ) Towns Aderholt Doolittle Kleczka Aderholt Ehlers Largent Rogers Smith (OR) Traficant Allen Doyle Klink Allen Ehrlich Latham Rohrabacher Smith (TX) Turner Andrews Duncan Klug Andrews Emerson LaTourette Ros-Lehtinen Smith, Adam Upton Archer Dunn Knollenberg Archer Engel Lazio Rothman Smith, Linda Velazquez Armey Edwards Kolbe Armey English Leach Roukema Snowbarger Visclosky Bachus Ehlers Kucinich Baesler Ensign Levin Roybal-Allard Snyder Walsh Baesler Ehrlich LaFalce Baker Eshoo Lewis (CA) Rush Solomon Watt (NC) Baker Emerson LaHood Baldacci Etheridge Lewis (GA) Ryun Souder Watts (OK) Baldacci Engel Lampson Ballenger Evans Lewis (KY) Sabo Spence Waxman Ballenger English Lantos Barrett (NE) Everett Linder Sanchez Spratt Weldon (FL) Barcia Ensign Largent Barrett (WI) Ewing Lipinski Sanders Stabenow Weldon (PA) Barrett (NE) Eshoo Latham Bartlett Farr Livingston Sandlin Stark Weller Barrett (WI) Etheridge LaTourette Bass Fawell LoBiondo Sawyer Stokes Wexler Bartlett Evans Lazio Bateman Fazio Lofgren Saxton Strickland Weygand Barton Everett Leach Becerra Filner Lowey Schaefer, Dan Stupak White Bass Ewing Levin Bentsen Forbes Lucas Schumer Sununu Whitfield Bateman Farr Lewis (CA) Berman Ford Luther Scott Talent Wicker Becerra Fawell Lewis (GA) Berry Fowler Maloney (CT) Serrano Tanner Wise Bentsen Fazio Lewis (KY) Bilbray Fox Maloney (NY) Shadegg Tauscher Wolf Bereuter Filner Linder Bilirakis Franks (NJ) Manton Shaw Tauzin Woolsey Berman Forbes Lipinski Bishop Frelinghuysen Markey Shays Taylor (MS) Wynn Berry Ford Livingston Blagojevich Frost Martinez Sherman Taylor (NC) Yates Bilbray Fowler LoBiondo Bliley Furse Mascara Shimkus Thomas Young (AK) Bilirakis Fox Lofgren Blumenauer Gallegly Matsui Shuster Thompson Bishop Franks (NJ) Lowey Boehlert Gejdenson McCarthy (MO) Sisisky Thornberry Blagojevich Frelinghuysen Lucas Boehner Gekas McCarthy (NY) Bliley Frost Luther Bonilla Gibbons McCollum NOES—33 Blumenauer Furse Maloney (CT) Bonior Gilchrest McCrery Barr Hilleary Royce Blunt Gallegly Maloney (NY) Bono Gillmor McDade Barton Hilliard Salmon Boehlert Ganske Manton Borski Gilman McDermott Bereuter Hulshof Sanford Boehner Gejdenson Manzullo Boswell Goode McGovern Blunt Hunter Scarborough Bonilla Gekas Markey Boucher Goodlatte McHale Chenoweth LaHood Schaffer, Bob Bonior Gibbons Martinez Boyd Goodling McHugh Clyburn Moran (KS) Sensenbrenner Bono Gilchrest Mascara Brady Gordon McInnis Coble Neumann Sessions Borski Gillmor Matsui Brown (CA) Goss McIntosh Duncan Paul Stearns Boswell Gilman McCarthy (MO) Brown (FL) Graham McIntyre Ganske Petri Stump Boucher Goode McCarthy (NY) Brown (OH) Granger McKeon Hefley Pombo Wamp Boyd Goodlatte McCollum Bryant Green McKinney Herger Riggs Waters Brady Goodling McCrery Bunning Greenwood McNulty Brown (CA) Gordon McDade Burr Gutierrez Meehan NOT VOTING—23 Brown (FL) Goss McDermott Burton Gutknecht Meek Bachus Frank (MA) Quinn Brown (OH) Graham McGovern Buyer Hall (OH) Menendez Barcia Gephardt Rangel Bryant Granger McHale Callahan Hall (TX) Metcalf Conyers Gonzalez Schiff Bunning Green McHugh Calvert Hamilton Mica Cooksey Harman Stenholm Burr Greenwood McInnis Camp Hansen Millender- Fattah Hefner Vento Burton Gutierrez McIntyre Campbell Hastert McDonald Flake Hinchey Watkins Buyer Gutknecht McKeon Canady Hastings (FL) Miller (CA) Foglietta Manzullo Young (FL) Callahan Hall (OH) McKinney Cannon Hastings (WA) Miller (FL) Foley Neal Calvert Hall (TX) McNulty Capps Hayworth Minge Camp Hamilton Meehan Cardin Hill Mink b 1828 Cannon Hansen Meek Carson Hinojosa Moakley Capps Hastert Menendez Castle Hobson Mollohan So (two-thirds having voted in favor Cardin Hastings (FL) Metcalf Chabot Hoekstra Moran (VA) thereof) the rules were suspended and Carson Hayworth Mica Chambliss Holden Morella Castle Hefley Millender- Christensen Hooley Murtha the Senate bill was passed. Chabot Herger McDonald Clay Horn Myrick The result of the vote was announced Chambliss Hill Miller (CA) Clayton Hostettler Nadler as above recorded. Chenoweth Hilleary Minge Clement Houghton Nethercutt A motion to reconsider was laid on Christensen Hilliard Mink Coburn Hoyer Ney Clay Hinojosa Moakley Collins Hutchinson Northup the table. Clayton Hobson Mollohan Combest Hyde Norwood f Clement Hoekstra Moran (KS) Condit Inglis Nussle Clyburn Holden Moran (VA) Cook Istook Oberstar SMALL BUSINESS PROGRAMS RE- Coble Hooley Morella Costello Jackson (IL) Obey Coburn Horn Murtha Cox Jackson-Lee Olver AUTHORIZATION AND AMEND- Collins Houghton Myrick Coyne (TX) Ortiz MENTS ACT OF 1997 Combest Hoyer Nadler Cramer Jefferson Owens Condit Hulshof Nethercutt Crane Jenkins Oxley The SPEAKER pro tempore. The Cook Hunter Ney Crapo John Packard pending business is the question de Costello Hutchinson Northup Cubin Johnson (CT) Pallone novo of suspending the rules and pass- Coyne Hyde Norwood Cummings Johnson (WI) Pappas Cramer Inglis Nussle Cunningham Johnson, E.B. Parker ing the bill, H.R. 2261, as amended. Crane Istook Oberstar Danner Johnson, Sam Pascrell The Clerk read the title of the bill. Crapo Jackson (IL) Obey Davis (FL) Jones Pastor The SPEAKER pro tempore. The Cubin Jackson-Lee Olver Davis (IL) Kanjorski Paxon question is on the motion offered by Cummings (TX) Ortiz Davis (VA) Kaptur Payne Cunningham Jefferson Owens Deal Kasich Pease the gentleman from Missouri [Mr. TAL- Danner Jenkins Oxley DeFazio Kelly Pelosi ENT] that the House suspend the rules Davis (FL) John Packard DeGette Kennedy (MA) Peterson (MN) and pass the bill, H.R. 2261, as amend- Davis (IL) Johnson (CT) Pallone Delahunt Kennedy (RI) Peterson (PA) Davis (VA) Johnson (WI) Pappas DeLauro Kennelly Pickering ed. Deal Johnson, E. B. Parker DeLay Kildee Pickett The question was taken. DeFazio Johnson, Sam Pascrell Dellums Kilpatrick Pitts RECORDED VOTE DeGette Kanjorski Pastor Deutsch Kim Pomeroy Delahunt Kaptur Paxon Diaz-Balart Kind (WI) Porter Ms. JACKSON-LEE of Texas. Mr. DeLauro Kasich Payne Dickey King (NY) Portman Speaker, I demand a recorded vote. DeLay Kelly Pease Dicks Kingston Poshard A recorded vote was ordered. Dellums Kennedy (MA) Pelosi Dingell Kleczka Price (NC) Deutsch Kennedy (RI) Peterson (MN) Dixon Klink Pryce (OH) The SPEAKER pro tempore. This Diaz-Balart Kennelly Peterson (PA) Doggett Klug Radanovich will be a 5-minute vote. Dickey Kildee Petri Dooley Knollenberg Rahall The vote was taken by electronic de- Dicks Kilpatrick Pickering Doolittle Kolbe Ramstad vice, and there were—ayes 397, noes 17, Dingell Kim Pickett Doyle Kucinich Redmond Dixon Kind (WI) Pitts Dreier LaFalce Regula not voting 19, as follows: September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8103 Pombo Sensenbrenner Taylor (MS) TITLE I—AUTHORIZATIONS SEC. 2. EFFECTIVE DATE. Pomeroy Serrano Taylor (NC) Sec. 101. Authorizations. This Act and the amendments made by Porter Sessions Thomas this Act shall take effect on October 1, 1997. Portman Shadegg Thompson TITLE II—FINANCIAL ASSISTANCE TITLE I—AUTHORIZATIONS Poshard Shaw Thornberry Subtitle A—Microloan Program Price (NC) Shays Thune SEC. 101. AUTHORIZATIONS. Pryce (OH) Sherman Thurman Sec. 201. Microloan program. Section 20 of the Small Business Act (15 Radanovich Shimkus Tiahrt Sec. 202. Welfare-to-work microloan pilot U.S.C. 631 note) is amended by striking sub- Rahall Shuster Tierney program. sections (c) through (q) and inserting the fol- Ramstad Sisisky Torres Subtitle B—Small Business Investment lowing: Redmond Skaggs Towns ‘‘(c) FISCAL YEAR 1998.— Regula Skeen Traficant Company Program Reyes Skelton Turner Sec. 211. 5-year commitments for SBICs at ‘‘(1) PROGRAM LEVELS.—The following pro- Riggs Slaughter Upton option of Administrator. gram levels are authorized for fiscal year Riley Smith (MI) Velazquez Sec. 212. Fees. 1998: Rivers Smith (NJ) Vento Sec. 213. Small business investment com- ‘‘(A) For the programs authorized by this Rodriguez Smith (OR) Visclosky Act, the Administration is authorized to Roemer Smith (TX) Walsh pany program reform. Sec. 214. Examination fees. make— Rogan Smith, Adam Wamp ‘‘(i) $28,000,000 in technical assistance Rogers Smith, Linda Waters Subtitle C—Certified Development Company grants, as provided in section 7(m); and Ros-Lehtinen Snowbarger Watt (NC) Program Rothman Snyder Watts (OK) ‘‘(ii) $60,000,000 in loans, as provided in sec- Roybal-Allard Solomon Waxman Sec. 221. Loans for plant acquisition, con- tion 7(m). Rush Souder Weldon (FL) struction, conversion, and ex- ‘‘(B) For the programs authorized by this Ryun Spence Weldon (PA) pansion. Act, the Administration is authorized to Sabo Spratt Weller Sec. 222. Development company debentures. make $17,040,000,000 in deferred participation Salmon Stabenow Wexler Sec. 223. Premier certified lenders program. loans and other financings. Of such sum, the Sanchez Stark Weygand TITLE III—WOMEN’S BUSINESS Administration is authorized to make— Sanders Stearns White ‘‘(i) $13,000,000,000 in general business loans Sandlin Stokes Whitfield ENTERPRISES as provided in section 7(a); Sawyer Strickland Wicker Sec. 301. Interagency committee participa- ‘‘(ii) $3,000,000,000 in financings as provided Saxton Stupak Wise tion. in section 7(a)(13) of this Act and section 504 Scarborough Sununu Wolf Sec. 302. Reports. Schaefer, Dan Talent Woolsey of the Small Business Investment Act of Sec. 303. Council duties. Schaffer, Bob Tanner Wynn 1958; Sec. 304. Council membership. Schumer Tauscher Yates ‘‘(iii) $1,000,000,000 in loans as provided in Sec. 305. Authorization of appropriations. Scott Tauzin Young (AK) section 7(a)(21); and Sec. 306. Women’s business centers. ‘‘(iv) $40,000,000 in loans as provided in sec- NOES—17 Sec. 307. Office of women’s business owner- tion 7(m). Barr Hostettler Rohrabacher ship. ‘‘(C) For the programs authorized by title Campbell Jones Roukema Sec. 308. National Women’s Business Council III of the Small Business Investment Act of Canady McIntosh Royce procurement project. Cox Miller (FL) Sanford 1958, the Administration is authorized to Dreier Neumann Stump TITLE IV—COMPETITIVENESS PROGRAM make— Hastings (WA) Paul AND PROCUREMENT OPPORTUNITIES ‘‘(i) $600,000,000 in purchases of participat- NOT VOTING—19 Subtitle A—Small Business Competitiveness ing securities; and Program ‘‘(ii) $500,000,000 in guarantees of deben- Conyers Gephardt Rangel Sec. 401. Program term. tures. Cooksey Gonzalez Schiff ‘‘(D) For the programs authorized by part Fattah Harman Stenholm Sec. 402. Monitoring agency performance. Flake Hefner Watkins Sec. 403. Reports to Congress. B of title IV of the Small Business Invest- Foglietta Hinchey Young (FL) Sec. 404. Small business participation in ment Act of 1958, the Administration is au- Foley Neal dredging. thorized to enter into guarantees not to ex- Frank (MA) Quinn ceed $2,000,000,000, of which not more than Subtitle B—Small Business Procurement b $650,000,000 may be in bonds approved pursu- 1840 Opportunities Program ant to section 411(a)(3) of that Act. So (two-thirds having voted in favor Sec. 411. Contract bundling. ‘‘(E) The Administration is authorized to thereof) the rules were suspended and Sec. 412. Definition of contract bundling. make grants or enter into cooperative agree- the bill, as amended, was passed. Sec. 413. Assessing proposed contract bun- ments— dling. The result of the vote was announced ‘‘(i) for the Service Corps of Retired Execu- Sec. 414. Reporting of bundled contract op- tives program authorized by section 8(b)(1), as above recorded. portunities. $4,000,000; and A motion to reconsider was laid upon Sec. 415. Evaluating subcontract participa- ‘‘(ii) for activities of small business devel- the table. tion in awarding contracts. opment centers pursuant to section Mr. TALENT. Mr. Speaker, I ask Sec. 416. Improved notice of subcontracting 21(c)(3)(G), $15,000,000, to remain available unanimous consent to take from the opportunities. until expended. Speaker’s table the Senate bill (S. 1139) Sec. 417. Deadlines for issuance of regula- ‘‘(2) ADDITIONAL AUTHORIZATIONS.— tions. to reauthorize the programs of the ‘‘(A) There are authorized to be appropriated to the Administration for fiscal year Small Business Administration, and for TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Small business technology transfer 1998 such sums as may be necessary to carry other purposes, and ask for its imme- out this Act, including administrative ex- diate consideration in the House. program. Sec. 502. Small business development cen- penses and necessary loan capital for disaster loans pursuant to section 7(b), and to The Clerk read the title of the Senate ters. carry out the Small Business Investment Act bill. Sec. 503. Pilot preferred surety bond guaran- of 1958, including salaries and expenses of the The SPEAKER pro tempore. Is there tee program extension. Administration. objection to the request of the gen- Sec. 504. Extension of cosponsorship author- ‘‘(B) Notwithstanding subparagraph (A), ity. tleman from Missouri? for fiscal year 1998— Sec. 505. Asset sales. There was no objection. ‘‘(i) no funds are authorized to be provided Sec. 506. Small business export promotion. The Clerk read the Senate bill as fol- to carry out the loan program authorized by Sec. 507. Defense Loan and Technical Assist- lows: section 7(a)(21) except by transfer from an- ance program. S. 1139 other Federal department or agency to the TITLE VI—HUBZONE PROGRAM Administration, unless the program level au- Be it enacted by the Senate and House of Rep- Sec. 601. Short title. thorized for general business loans under resentatives of the United States of America in Sec. 602. Historically underutilized business subsection (l)(2)(A) is fully funded; and Congress assembled, zones. ‘‘(ii) the Administration may not approve SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 603. Technical and conforming amend- loans on behalf of the Administration or on (a) SHORT TITLE.—This Act may be cited as ments to the Small Business behalf of any other department or agency, by the ‘‘Small Business Reauthorization Act of Act. contract or otherwise, under terms and con- 1997’’. Sec. 604. Other technical and conforming ditions other than those specifically author- (b) TABLE OF CONTENTS.—The table of con- amendments. ized under this Act or the Small Business In- tents for this Act is as follows: Sec. 605. Regulations. vestment Act of 1958, except that it may ap- Sec. 1. Short title; table of contents. Sec. 606. Report. prove loans under section 7(a)(21) of this Act Sec. 2. Effective date. Sec. 607. Authorization of appropriations. in gross amounts of not more than $1,250,000. H8104 CONGRESSIONAL RECORD — HOUSE September 29, 1997

‘‘(d) FISCAL YEAR 1999.— ‘‘(ii) $60,000,000 in direct loans, as provided ance of the notes receivable owed to the ‘‘(1) PROGRAM LEVELS.—The following pro- in section 7(m). intermediary; and gram levels are authorized for fiscal year ‘‘(B) For the programs authorized by this ‘‘(ii) in each year of participation there- 1999: Act, the Administration is authorized to after, at a level equal to not more than the ‘‘(A) For the programs authorized by this make $21,040,000,000 in deferred participation greater of— Act, the Administration is authorized to loans and other financings. Of such sum, the ‘‘(I) 2 times an amount reflecting the total make— Administration is authorized to make— losses of the intermediary as a result of par- ‘‘(i) $28,000,000 in technical assistance ‘‘(i) $15,500,000,000 in general business loans ticipation in the program under this sub- grants as provided in section 7(m); and as provided in section 7(a); section, as determined by the Administrator ‘‘(ii) $60,000,000 in loans, as provided in sec- ‘‘(ii) $4,500,000,000 in financings as provided on a case-by-case basis; or tion 7(m). in section 7(a)(13) of this Act and section 504 ‘‘(II) 10 percent of the outstanding balance ‘‘(B) For the programs authorized by this of the Small Business Investment Act of of the notes receivable owed to the Act, the Administration is authorized to 1958; intermediary.’’. make $18,540,000,000 in deferred participation ‘‘(iii) $1,000,000,000 in loans as provided in (c) AUTHORIZATION OF APPROPRIATIONS.— loans and other financings. Of such sum, the section 7(a)(21); and Section 7(m) of the Small Business Act (15 Administration is authorized to make— ‘‘(iv) $40,000,000 in loans as provided in sec- U.S.C. 636(m)) is amended— ‘‘(i) $14,000,000,000 in general business loans tion 7(m). (1) in the subsection heading, by striking as provided in section 7(a); ‘‘(C) For the programs authorized by title ‘‘DEMONSTRATION’’; ‘‘(ii) $3,500,000,000 in financings as provided III of the Small Business Investment Act of (2) by striking ‘‘Demonstration’’ each place in section 7(a)(13) of this Act and section 504 1958, the Administration is authorized to that term appears; of the Small Business Investment Act of make— (3) by striking ‘‘demonstration’’ each place 1958; ‘‘(i) $850,000,000 in purchases of participat- that term appears; and ‘‘(iii) $1,000,000,000 in loans as provided in ing securities; and (4) in paragraph (12), by striking ‘‘during section 7(a)(21); and ‘‘(ii) $700,000,000 in guarantees of deben- fiscal years 1995 through 1997’’ and inserting ‘‘(iv) $40,000,000 in loans as provided in sec- tures. ‘‘during fiscal years 1998 through 2000’’. tion 7(m). ‘‘(D) For the programs authorized by part (d) TECHNICAL ASSISTANCE GRANTS.—Sec- ‘‘(C) For the programs authorized by title B of title IV of the Small Business Invest- tion 7(m)(4)(E) of the Small Business Act (15 III of the Small Business Investment Act of ment Act of 1958, the Administration is au- U.S.C. 636(m)(4)(E)) is amended— 1958, the Administration is authorized to thorized to enter into guarantees not to ex- (1) by inserting ‘‘(i)’’ before ‘‘Each make— ceed $2,000,000,000, of which not more than intermediary’’; ‘‘(i) $700,000,000 in purchases of participat- $650,000,000 may be in bonds approved pursu- (2) by striking ‘‘15’’ and inserting ‘‘25’’; ing securities; and ant to section 411(a)(3) of that Act. (3) by adding at the end of the paragraph ‘‘(ii) $650,000,000 in guarantees of deben- ‘‘(E) The Administration is authorized to ‘‘(ii) The intermediary may expend up to 25 tures. make grants or enter cooperative agree- percent of the funds received under para- ‘‘(D) For the programs authorized by part ments— graph (1)(B)(ii) to enter into third party con- B of title IV of the Small Business Invest- ‘‘(i) for the Service Corps of Retired Execu- tracts for the provision of technical assist- ment Act of 1958, the Administration is au- tives program authorized by section 8(b)(1), ance’’. thorized to enter into guarantees not to ex- $5,000,000; and ceed $2,000,000,000, of which not more than SEC. 202. WELFARE-TO-WORK MICROLOAN PILOT ‘‘(ii) for activities of small business devel- $650,000,000 may be in bonds approved pursu- PROGRAM. opment centers pursuant to section ant to section 411(a)(3) of that Act. (a) PROGRAM ESTABLISHMENT.—Section 21(c)(3)(G), not to exceed $15,000,000, to re- ‘‘(E) The Administration is authorized to 7(m) of the Small Business Act (15 U.S.C. main available until expended. make grants or enter cooperative agree- 636(m)) is amended— ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ments— (1) in paragraph (1)(A)— ‘‘(A) There are authorized to be appro- ‘‘(i) for the Service Corps of Retired Execu- (A) in clause (ii), by striking ‘‘and’’ at the priated to the Administration for fiscal year tives program authorized by section 8(b)(1), end; $4,500,000; and 2000 such sums as may be necessary to carry (B) in clause (iii), by striking the period at ‘‘(ii) for activities of small business devel- out this Act, including administrative ex- the end and inserting ‘‘; and’’; and opment centers pursuant to section penses and necessary loan capital for disas- (C) by adding at the end the following: 21(c)(3)(G), not to exceed $15,000,000, to re- ter loans pursuant to section 7(b), and to ‘‘(iv) to establish a welfare-to-work main available until expended. carry out the Small Business Investment Act microloan pilot program, which shall be ad- ‘‘(2) ADDITIONAL AUTHORIZATIONS.— of 1958, including salaries and expenses of the ministered by the Administration, in order ‘‘(A) There are authorized to be appro- Administration. to— priated to the Administration for fiscal year ‘‘(B) Notwithstanding subparagraph (A), ‘‘(I) test the feasibility of supplementing 1999 such sums as may be necessary to carry for fiscal year 2000— the technical assistance grants provided out this Act, including administrative ex- ‘‘(i) no funds are authorized to be provided under clauses (ii) and (iii) of subparagraph penses and necessary loan capital for disas- to carry out the loan program authorized by (B) to individuals who are receiving assist- ter loans pursuant to section 7(b), and to section 7(a)(21) except by transfer from an- ance under the State program funded under carry out the Small Business Investment Act other Federal department or agency to the part A of title IV of the Social Security Act of 1958, including salaries and expenses of the Administration, unless the program level au- (42 U.S.C. 601 et seq.), or under any com- Administration. thorized for general business loans under parable State-funded means-tested program ‘‘(B) Notwithstanding subparagraph (A), subsection (p)(2)(A) is fully funded; and of assistance for low-income individuals, in for fiscal year 1999— ‘‘(ii) the Administration may not approve order to adequately assist those individuals ‘‘(i) no funds are authorized to be provided loans on behalf of the Administration or on in— to carry out the loan program authorized by behalf of any other department or agency, by ‘‘(aa) establishing small businesses; and section 7(a)(21) except by transfer from an- contract or otherwise, under terms and con- ‘‘(bb) eliminating their dependence on that other Federal department or agency to the ditions other than those specifically author- assistance; Administration, unless the program level au- ized under this Act or the Small Business In- ‘‘(II) permit the grants described in sub- thorized for general business loans under vestment Act of 1958, except that it may ap- clause (I) to be used to provide intensive subsection (n)(2)(A) is fully funded; and prove loans under section 7(a)(21) of this Act management, marketing and technical as- ‘‘(ii) the Administration may not approve in gross amounts of not more than sistance as well as to pay or reimburse a por- loans on behalf of the Administration or on $1,250,000.’’. tion of child care and transportation costs of behalf of any other department or agency, by TITLE II—FINANCIAL ASSISTANCE individuals described in subclause (I) who be- contract or otherwise, under terms and con- Subtitle A—Microloan Program come microborrowers; ditions other than those specifically author- SEC. 201. MICROLOAN PROGRAM. ‘‘(III) eliminate barriers to microborrowers ized under this Act or the Small Business In- (a) LOAN LIMITS.—Section 7(m)(3)(C) of the in establishing child care businesses; and vestment Act of 1958, except that it may ap- Small Business Act (15 U.S.C. 636(m)(3)(C)) is ‘‘(IV) evaluate the effectiveness of assist- prove loans under section 7(a)(21) of this Act amended by striking ‘‘$2,500,000’’ and insert- ance provided under this clause in helping in gross amounts of not more than $1,250,000. ing ‘‘$3,500,000’’. individuals described in subclause (I) to ‘‘(e) FISCAL YEAR 2000.— (b) LOAN LOSS RESERVE FUND.—Section eliminate their dependence on assistance de- ‘‘(1) PROGRAM LEVELS.—The following pro- 7(m)(3)(D) of the Small Business Act (15 scribed in that subclause and become em- gram levels are authorized for fiscal year U.S.C. 636(m)(3)(D)) is amended by striking ployed in their own business;’’; 2000: clauses (i) and (ii), and inserting the follow- (2) in paragraph (4), by adding at the end ‘‘(A) For the programs authorized by this ing: the following: Act, the Administration is authorized to ‘‘(i) during the initial 5 years of the ‘‘(F) SUPPLEMENTAL GRANTS.— make— intermediary’s participation in the program ‘‘(i) IN GENERAL.—In addition to grants ‘‘(i) $28,000,000 in technical assistance under this subsection, at a level equal to not under subparagraphs (A) and (C) and para- grants as provided in section 7(m); and more than 15 percent of the outstanding bal- graph (5), the Administration may select September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8105 from participating intermediaries and recipi- ‘‘(F) the number of individuals receiving or companies that are commonly controlled ents of grants under paragraph (5), not more training under the program who, after re- (as determined by the Administrator) may than 20 entities in fiscal year 1998, 25 entities ceiving assistance under the program— not exceed $90,000,000, as adjusted annually in fiscal year 1999, and 30 entities in fiscal ‘‘(i) are employed in their own businesses; for increases in the Consumer Price Index. year 2000, each of whom may receive annu- and ‘‘(B) EXCEPTIONS.—The Administrator may, ally a supplemental grant in an amount not ‘‘(ii) are not receiving public assistance for on a case-by-case basis— to exceed $200,000 for the purpose of provid- themselves or their children; ‘‘(i) approve an amount of leverage that ex- ing additional technical assistance and relat- ‘‘(G) whether and to what extent each ceeds the amount described in subparagraph ed services to borrowers who are receiving grant was used to defray the transportation (A) for companies under common control; assistance described in paragraph and child care costs of borrowers; and and (1)(A)(iv)(I) at the time they initially apply ‘‘(H) any recommendations for legislative ‘‘(ii) impose such additional terms and con- for assistance under the program. changes to improve program operations.’’. ditions as the Administrator determines to ‘‘(ii) INAPPLICABILITY OF CONTRIBUTION RE- (c) AUTHORIZATION OF APPROPRIATIONS.— be appropriate to minimize the risk of loss to QUIREMENTS.—The contribution requirements There are authorized to be appropriated to the Administration in the event of default. of subparagraphs (B) and (C)(i)(II) do not carry out the welfare-to-work microloan ‘‘(C) APPLICABILITY OF OTHER PROVISIONS.— apply to any grant made under this subpara- pilot program under section 7(m)(1)(A)(iv) of Any leverage that is issued to a company or graph. the Small Business Act (as added by this sec- companies commonly controlled in an ‘‘(iii) CHILD CARE AND TRANSPORTATION tion)— amount that exceeds $90,000,000, whether as a COSTS.—Any grant made under this subpara- (1) $3,000,000 for fiscal year 1998; result of an increase in the Consumer Price graph may be used to pay or reimburse a por- (2) $4,000,000 for fiscal year 1999; and Index or a decision of the Administrator, is tion of the costs of child care and transpor- (3) $5,000,000 for fiscal year 2000. subject to subsection (d).’’; and tation incurred by a borrower under the wel- Subtitle B—Small Business Investment (2) by striking subsection (d) and inserting fare-to-work microloan pilot program under Company Program the following: paragraph (1)(A)(iv).’’; SEC. 211. 5-YEAR COMMITMENTS FOR SBICs AT ‘‘(d) REQUIRED CERTIFICATIONS.— (3) in paragraph (6), by adding at the end ‘‘(1) IN GENERAL.—The Administrator shall the following: OPTION OF ADMINISTRATOR. Section 20(a)(2) of the Small Business Act require each licensee, as a condition of ap- ‘‘(E) ESTABLISHMENT OF CHILD CARE ESTAB- (15 U.S.C. 631 note) is amended in the last proval of an application for leverage, to cer- LISHMENTS.—In addition to other eligible sentence by striking ‘‘the following fiscal tify in writing— small business concerns, borrowers under ‘‘(A) for licensees with leverage less than any program under this subsection may in- year’’ and inserting ‘‘any 1 or more of the 4 subsequent fiscal years’’. or equal to $90,000,000, that not less than 20 clude individuals who will use the loan pro- percent of the licensee’s aggregate dollar ceeds to establish for-profit or nonprofit SEC. 212. FEES. Section 301 of the Small Business Invest- amount of financings will be provided to child care establishments.’’; smaller enterprises; and (4) in paragraph (9)— ment Act of 1958 (15 U.S.C. 681) is amended by adding the following: ‘‘(B) for licensees with leverage in excess of (A) by striking the paragraph designation $90,000,000, that, in addition to satisfying the and paragraph heading and inserting the fol- ‘‘(e) FEES.— requirements of subparagraph (A), 100 per- lowing: ‘‘(1) IN GENERAL.—The Administration may cent of the licensee’s aggregate dollar ‘‘(9) GRANTS FOR MANAGEMENT, MARKET- prescribe fees to be paid by each applicant amount of financings made in whole or in ING, TECHNICAL ASSISTANCE, AND RELATED for a license to operate as a small business part with leverage in excess of $90,000,000 will SERVICES.—’’; and investment company under this Act. be provided to smaller enterprises as defined (B) by adding at the end the following: ‘‘(2) USE OF AMOUNTS.—Amounts collected in section 103(12). ‘‘(C) WELFARE-TO-WORK MICROLOAN PILOT pursuant to this subsection shall be— ‘‘(2) MULTIPLE LICENSEES.—Multiple licens- PROGRAM.—Of amounts made available to ‘‘(A) deposited in the account for salaries ees under common control (as determined by carry out the welfare-to-work microloan and expenses of the Administration; and the Administrator) shall be considered to be pilot program under paragraph (1)(A)(iv) in ‘‘(B) available without further appropria- any fiscal year, the Administration may use tion solely to cover contracting and other a single licensee for purposes of determining not more than 5 percent to provide technical administrative costs related to licensing.’’. both the applicability of and compliance with the investment percentage require- assistance, either directly or through con- SEC. 213. SMALL BUSINESS INVESTMENT COM- tractors, to welfare-to-work microloan pilot PANY PROGRAM REFORM. ments of this subsection.’’. program grantees, to ensure that, as grant- (a) BANK INVESTMENTS.—Section 302(b) of (c) TAX DISTRIBUTIONS.—Section 303(g)(8) of ees, they have the knowledge, skills, and un- the Small Business Investment Act of 1958 the Small Business Investment Act of 1958 derstanding of microlending and welfare-to- (15 U.S.C. 682(b)) is amended by striking (15 U.S.C. 683(g)(8)) is amended by adding at work transition, and other related issues, to ‘‘1956,’’ and all that follows before the period the end the following: ‘‘A company may also operate a successful welfare-to-work and inserting the following: ‘‘1956, any na- elect to make a distribution under this para- microloan pilot program.’’; and tional bank, or any member bank of the Fed- graph at the end of any calendar quarter (5) by adding at the end the following: eral Reserve System or nonmember insured based on a quarterly estimate of the maxi- ‘‘(13) EVALUATION OF WELFARE-TO-WORK bank to the extent permitted under applica- mum tax liability. If a company makes 1 or MICROLOAN PILOT PROGRAM.—On January 31, ble State law, may invest in any 1 or more more quarterly distributions for a calendar 1999, and annually thereafter, the Adminis- small business investment companies, or in year, and the aggregate amount of those dis- tration shall submit to the Committees on any entity established to invest solely in tributions exceeds the maximum amount Small Business of the House of Representa- small business investment companies, except that the company could have distributed tives and the Senate a report on the welfare- that in no event shall the total amount of based on a single annual computation, any to-work microloan pilot program authorized such investments of any such bank exceed 5 subsequent distribution by the company under paragraph (1)(A)(iv), which report percent of the capital and surplus of the under this paragraph shall be reduced by an shall include, with respect to the preceding bank’’. amount equal to the excess amount distrib- fiscal year, an analysis of the progress and (b) INDEXING FOR LEVERAGE.—Section 303 of uted.’’. effectiveness of the program during that fis- the Small Business Investment Act of 1958 (d) LEVERAGE FEE.—Section 303(i) of the cal year, and data relating to— (15 U.S.C. 683) is amended— Small Business Investment Act of 1958 (15 ‘‘(A) the number and location of each (1) in subsection (b)— U.S.C. 683(i)) is amended by striking ‘‘, pay- grantee under the program; (A) in paragraph (2), by adding at the end able upon’’ and all that follows before the pe- ‘‘(B) the amount of each grant; the following: riod and inserting the following: ‘‘in the fol- ‘‘(C) the number of individuals who re- ‘‘(D)(i) The dollar amounts in subpara- lowing manner: 1 percent upon the date on ceived assistance under each grant, including graphs (A), (B), and (C) shall be adjusted an- which the Administration enters into any separate data relating to— nually to reflect increases in the Consumer commitment for such leverage with the li- ‘‘(i) the number of individuals who received Price Index established by the Bureau of censee, and the balance of 2 percent (or 3 per- training; Labor Statistics of the Department of Labor. cent if no commitment has been entered into ‘‘(ii) the number of individuals who re- ‘‘(ii) The initial adjustments made under by the Administration) on the date on which ceived transportation assistance; and this subparagraph after the date of enact- the leverage is drawn by the licensee’’. ‘‘(iii) the number of individuals who re- ment of the Small Business Reauthorization (e) PERIODIC ISSUANCE OF GUARANTEES AND ceived child care assistance (including the Act of 1997 shall reflect only increases from TRUST CERTIFICATES.—Section 320 of the number of children assisted); March 31, 1993.’’; and Small Business Investment Act of 1958 (15 ‘‘(D) the type and amount of loan and (B) by striking paragraph (4) and inserting U.S.C. 687m) is amended by striking ‘‘three grant assistance received by borrowers under the following: months’’ and inserting ‘‘6 months’’. the program; ‘‘(4) MAXIMUM AGGREGATE AMOUNT OF LE- SEC. 214. EXAMINATION FEES. ‘‘(E) the number of businesses that were VERAGE.— Section 310(b) of the Small Business In- started with assistance provided under the ‘‘(A) IN GENERAL.—Except as provided in vestment Act of 1958 (15 U.S.C. 687b(b)) is program that are operational and the num- subparagraph (B), the aggregate amount of amended by inserting after the first sentence ber of jobs created by each business; outstanding leverage issued to any company the following: ‘‘Fees collected under this H8106 CONGRESSIONAL RECORD — HOUSE September 29, 1997 subsection shall be deposited in the account except that the Administration may waive (2) not later than 150 days after the date of for salaries and expenses of the Administra- this requirement if the company is qualified enactment of this Act, issue program guide- tion, and shall be available without further to participate in the accredited lenders pro- lines and fully implement the amendments appropriation solely to cover the costs of ex- gram; made by subsection (a). aminations and other program oversight ac- ‘‘(B) has a history of— (c) PROGRAM EXTENSION.—Section 217(b) of tivities.’’. ‘‘(i) submitting to the Administration ade- the Small Business Reauthorization and Subtitle C—Certified Development Company quately analyzed debenture guarantee appli- Amendments Act of 1994 (15 U.S.C. 697e note) Program cation packages; and is amended by striking ‘‘October 1, 1997’’ and ‘‘(ii) of properly closing section 504 loans inserting ‘‘October 1, 2000’’. SEC. 221. LOANS FOR PLANT ACQUISITION, CON- STRUCTION, CONVERSION, AND EX- and servicing its loan portfolio; and’’; TITLE III—WOMEN’S BUSINESS PANSION. (3) by striking subsection (c) and inserting ENTERPRISES Section 502 of the Small Business Invest- the following: SEC. 301. INTERAGENCY COMMITTEE PARTICIPA- ment Act of 1958 (15 U.S.C. 696) is amended— ‘‘(c) LOSS RESERVE.— TION. (1) by striking paragraph (1) and inserting ‘‘(1) ESTABLISHMENT.—A company des- Section 403 of the Women’s Business Own- the following: ignated as a premier certified lender shall es- ership Act of 1988 (15 U.S.C. 631 note) is ‘‘(1) The proceeds of any such loan shall be tablish a loss reserve for financing approved amended— used solely by the borrower to assist 1 or pursuant to this section. (1) in subsection (a)(1), by adding at the more identifiable small business concerns ‘‘(2) AMOUNT.—The amount of the loss re- end the following: and for a sound business purpose approved by serve shall be based upon the greater of— ‘‘(K) The Department of Education. the Administration.’’; ‘‘(A) the historic loss rate on debentures is- ‘‘(L) The Environmental Protection Agen- (2) in paragraph (3), by adding at the end sued by such company; or cy. the following: ‘‘(B) 10 percent of the amount of the com- ‘‘(M) The Department of Energy. ‘‘(D) SELLER FINANCING.—Seller-provided pany’s exposure as determined under sub- ‘‘(N) The Administrator of the Office of financing may be used to meet the require- section (b)(2)(C). Procurement Policy. ments of subparagraph (B), if the seller sub- ‘‘(3) ASSETS.—The loss reserve shall be ‘‘(O) The National Aeronautics and Space ordinates the interest of the seller in the comprised of any combination of the follow- Administration.’’; property to the debenture guaranteed by the ing types of assets: (2) in subsection (a)(2)(A)— Administration. ‘‘(A) segregated funds on deposit in an ac- (A) by striking ‘‘and Amendments Act of ‘‘(E) COLLATERAL REQUIREMENTS.—Ade- count or accounts with a federally insured 1994’’ and inserting ‘‘Act of 1997’’; and quacy of collateral provided by the small depository institution or institutions se- (B) by inserting before the final period ‘‘, business shall be one factor evaluated in the lected by the company, subject to a collat- and who shall report directly to the head of credit determination. Collateral provided by eral assignment in favor of, and in a format the agency on the status of the activities of the small business concern generally will in- acceptable to, the Administration; or the Interagency Committee’’; clude a subordinate lien position on the ‘‘(B) irrevocable letter or letters of credit, (3) in subsection (a)(2)(B), by inserting be- property being financed, and additional col- with a collateral assignment in favor of, and fore the final period the following: ‘‘and shall lateral may be required in a case-by-case a commercially reasonable format accept- report directly to the Administrator on the basis, as determined by the Administra- able to, the Administration. status of the activities on the Interagency tion.’’; and ‘‘(4) CONTRIBUTIONS.—The company shall Committee and shall serve as the Inter- (3) by adding at the end the following: make contributions to the loss reserve, ei- agency Committee Liaison to the National ‘‘(5) Except as provided in paragraph (4), ther cash or letters of credit as provided Women’s Business Council established under not to exceed 25 percent of the project may above, in the following amounts and at the section 405’’; and be leased by the assisted small business, if— following intervals: (4) in subsection (b), by striking ‘‘and ‘‘(A) the assisted small business is required ‘‘(A) 50 percent when a debenture is closed; Amendments Act of 1994’’ and inserting ‘‘Act to occupy permanently and use not less than ‘‘(B) 25 percent additional not later than 1 of 1997’’. 75 percent of the space in the project after year after a debenture is closed; and SEC. 302. REPORTS. the execution of any leases authorized in ‘‘(C) 25 percent additional not later than 2 Section 404 of the Women’s Business Own- this paragraph; and years after a debenture is closed. ership Act of 1988 (15 U.S.C. 631 note) is ‘‘(B) each tenant is engaged a business that ‘‘(5) REPLENISHMENT.—If a loss has been amended— enhances the operations of the assisted small sustained by the Administration, any por- (1) by inserting ‘‘, through the Small Busi- business.’’. tion of the loss reserve, and other funds pro- ness Administration,’’ after ‘‘transmit’’; SEC. 222. DEVELOPMENT COMPANY DEBEN- vided by the premier company as necessary, (2) by striking paragraph (1) and redesig- TURES. may be used to reimburse the Administra- nating paragraphs (2) through (4) as para- Section 503 of the Small Business Invest- tion for the company’s 10 percent share of graphs (1) through (3), respectively; and ment Act of 1958 (15 U.S.C. 697) is amended— the loss as provided in subsection (b)(2)(C). If (3) in paragraph (1), as redesignated, by in- (1) in subsection (b)(7), by striking sub- the company utilizes the reserve, within 30 serting before the semicolon the following: ‘‘, paragraph (A) and inserting the following: days it shall replace an equivalent amount of including a status report on the progress of ‘‘(A) assesses and collects a fee, which shall funds. the Interagency Committee in meeting its be payable by the borrower, in an amount es- ‘‘(6) DISBURSEMENTS.—The Administration responsibilities and duties under section tablished annually by the Administration, shall allow the certified development com- 402(a)’’. which amount shall not exceed the lesser pany to withdraw from the loss reserve SEC. 303. COUNCIL DUTIES. of— amounts attributable to any debenture Section 406 of the Women’s Business Own- ‘‘(i) 0.9375 percent per year of the outstand- which has been repaid.’’; ership Act of 1988 (15 U.S.C. 631 note) is ing balance of the loan; and (4) in subsection (f), by striking ‘‘State or amended— ‘‘(ii) the minimum amount necessary to re- local’’ and inserting ‘‘certified’’; (1) in subsection (c), by inserting after duce the cost (as that term is defined in sec- (5) in subsection (g), by striking the sub- ‘‘Administrator’’ the following: ‘‘(through tion 502 of the Federal Credit Reform Act of section heading and inserting the following: the Assistant Administrator for the Office of 1990) to the Administration of purchasing ‘‘(g) EFFECT OF SUSPENSION OR REVOCA- Women’s Business Ownership)’’; and and guaranteeing debentures under this Act TION.—’’; (2) in subsection (d)— to zero; and’’; and (6) by striking subsection (h) and inserting (A) in paragraph (4), by striking ‘‘and’’ at (2) in subsection (f), by striking ‘‘1997’’ and the following: the end; inserting ‘‘2000’’. ‘‘(h) PROGRAM GOALS.—Each certified de- (B) in paragraph (5), by striking the period SEC. 223. PREMIER CERTIFIED LENDERS PRO- velopment company participating in the pro- at the end and inserting a semicolon; and GRAM. gram under this section shall establish a (C) by adding at the end the following: (a) IN GENERAL.—Section 508 of the Small goal of processing a minimum of not less ‘‘(6) submit to the President and to the Business Investment Act of 1958 (15 U.S.C. than 50 percent of the loan applications for Committee on Small Business of the Senate 697e) is amended— assistance under section 504 pursuant to the and the Committee on Small Business of the (1) in subsection (a), by striking ‘‘not more program authorized under this section.’’; and House of Representatives, an annual report than 15’’; (7) in subsection (i), by striking ‘‘other containing— (2) in subsection (b)(2), by striking sub- lenders’’ and inserting ‘‘other lenders, spe- ‘‘(A) a detailed description of the activities paragraphs (A) and (B) and inserting the fol- cifically comparing default rates and recov- of the council, including a status report on lowing: ery rates on liquidations’’. the Council’s progress toward meeting its ‘‘(A) is an active certified development (b) REGULATIONS.—The Administrator of duties outlined in subsections (a) and (d) of company in good standing and has been an the Small Business Administration shall— section 406; active participant in the accredited lenders (1) not later than 120 days after the date of ‘‘(B) the findings, conclusions, and rec- program during the entire 12-month period enactment of this Act, promulgate regula- ommendations of the Council; and preceding the date on which the company tions to carry out the amendments made by ‘‘(C) the Council’s recommendations for submits an application under paragraph (1), subsection (a); and such legislation and administrative actions September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8107 as the Council considers appropriate to pro- ‘‘(1) financial assistance, including train- with predetermined selection criteria that mote the development of small business con- ing and counseling in how to apply for and shall be stated in terms of relative impor- cerns owned and controlled by women. secure business credit and investment cap- tance. Such criteria and their relative im- ‘‘(e) SUBMISSION OF REPORTS.—The annual ital, preparing and presenting financial portance shall be made publicly available report required by subsection (d) shall be statements, and managing cash flow and and stated in each solicitation for applica- submitted not later than 90 days after the other financial operations of a business con- tions made by the Administration. The cri- end of each fiscal year.’’. cern; teria shall include— SEC. 304. COUNCIL MEMBERSHIP. ‘‘(2) management assistance, including ‘‘(1) the experience of the applicant in con- Section 407 of the Women’s Business Own- training and counseling in how to plan, orga- ducting programs or ongoing efforts designed ership Act of 1988 (15 U.S.C. 631 note) is nize, staff, direct, and control each major ac- to impart or upgrade the business skills of amended— tivity and function of a small business con- women business owners or potential owners; (1) in subsection (a), by striking ‘‘and cern; and ‘‘(2) the present ability of the applicant to Amendments Act of 1994’’ and inserting ‘‘Act ‘‘(3) marketing assistance, including train- commence a project within a minimum of 1997’’; ing and counseling in identifying and seg- amount of time; (2) in subsection (b)— menting domestic and international market ‘‘(3) the ability of the applicant to provide (A) by striking ‘‘and Amendments Act of opportunities, preparing and executing mar- training and services to a representative 1994’’ and inserting ‘‘Act of 1997’’; keting plans, developing pricing strategies, number of women who are both socially and (B) by inserting after ‘‘the Administrator locating contract opportunities, negotiating economically disadvantaged; and shall’’ the following: ‘‘, after receiving the contracts, and utilizing varying public rela- ‘‘(4) the location for the women’s business recommendations of the Chair and the Rank- tions and advertising techniques. center site proposed by the applicant. ing Member of the Minority of the Commit- ‘‘(c) CONDITIONS OF PARTICIPATION.— ‘‘(g) OFFICE OF WOMEN’S BUSINESS OWNER- tees on Small Business of the House of Rep- ‘‘(1) NON-FEDERAL CONTRIBUTIONS.—As a SHIP.—There is established within the Ad- resentatives and the Senate, ’’; condition of receiving financial assistance ministration an Office of Women’s Business (C) by striking ‘‘9’’ and inserting ‘‘14’’; authorized by this section, the recipient or- Ownership, which shall be responsible for the (D) in paragraph (1), by striking ‘‘2’’ and ganization shall agree to obtain, after its ap- administration of the Administration’s pro- inserting ‘‘3’’; plication has been approved and notice of grams for the development of women’s busi- (E) in paragraph (2)— award has been issued, cash contributions ness enterprises (as that term is defined in (i) by striking ‘‘2’’ and inserting ‘‘3’’; and from non-Federal sources as follows: section 408 of the Women’s Business Owner- (ii) by striking ‘‘and’’ at the end; ‘‘(A) in the first, second, and third years, 1 ship Act of 1988). The Office of Women’s Busi- (F) in paragraph (3)— non-Federal dollar for each 2 Federal dollars; ness Ownership shall be administered by an (i) by striking ‘‘5’’ and inserting ‘‘6’’; ‘‘(B) in the fourth year, 1 non-Federal dol- Assistant Administrator, who shall be ap- (ii) by striking ‘‘national’’; and lar for each Federal dollar; and pointed by the Administrator. (iii) by striking the period at the end and ‘‘(C) in the fifth year, 2 non-Federal dollars ‘‘(h) REPORT.—The Administrator shall inserting the following: ‘‘, including rep- for each Federal dollar. prepare and submit an annual report to the resentatives of Women’s Business Center ‘‘(2) FORM OF NON-FEDERAL CONTRIBU- Committees on Small Business of the House sites; and’’; and TIONS.—Not more than one-half of the non- of Representatives and the Senate on the ef- (G) by adding at the end the following: Federal sector matching assistance may be fectiveness of all projects conducted under ‘‘(4) 2 shall be representatives of businesses in the form of in-kind contributions which the authority of this section. Such report or educational institutions having an inter- are budget line items only, including but not shall provide information concerning— est in women’s entrepreneurship.’’; and limited to office equipment and office space. ‘‘(1) the number of individuals receiving as- (3) in subsection (c), by inserting ‘‘(includ- ‘‘(3) FORM OF FEDERAL CONTRIBUTIONS.—The sistance; ing both urban and rural areas)’’ after ‘‘geo- financial assistance authorized pursuant to ‘‘(2) the number of startup business con- graphic’’. this section may be made by grant, contract, cerns formed; ‘‘(3) the gross receipts of assisted concerns; SEC. 305. AUTHORIZATION OF APPROPRIATIONS. or cooperative agreement and may contain ‘‘(4) increases or decreases in profits of as- Section 409 of the Women’s Business Own- such provision, as necessary, to provide for sisted concerns; and ership Act of 1988 (15 U.S.C. 631 note) is payments in lump sum or installments, and ‘‘(5) the employment increases or decreases amended— in advance or by way of reimbursement. The of assisted concerns. (1) by striking ‘‘1995 through 1997’’ and in- Administration may disburse up to 25 per- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— serting ‘‘1998 through 2000’’; and cent of each year’s Federal share awarded to a recipient organization after notice of the There are authorized to be appropriated (2) by striking ‘‘$350,000’’ and inserting $8,000,000 per year to carry out the projects ‘‘$400,000’’. award has been issued and before the non- Federal sector matching funds are obtained. authorized by this section. Amounts appro- SEC. 306. WOMEN’S BUSINESS CENTERS. priated pursuant to this subsection are to be (a) IN GENERAL.—Section 29 of the Small ‘‘(4) FAILURE TO OBTAIN PRIVATE FUNDING.— If any recipient of assistance fails to obtain used exclusively for grant awards and not for Business Act (15 U.S.C. 656) is amended to costs incurred by the Administration for the read as follows: the required non-Federal contribution during any project, it shall not be eligible there- management and administration of the pro- ‘‘SEC. 29. WOMEN’S BUSINESS CENTERS. after for advance disbursements pursuant to gram. Notwithstanding any other provision ‘‘(a) DEFINITIONS.—In this section— paragraph (3) during the remainder of that of law, the Administration may use such ex- ‘‘(1) the term ‘small business concern pedited acquisition methods as it deems ap- owned and controlled by women’, either project, or for any other project for which it is or may be funded by the Administration, propriate, through the Assistant Adminis- startup or existing, includes any small busi- trator of the Office of Women’s Business ness concern— and prior to approving assistance to such organization for any other projects, the Ad- Ownership, to achieve the purposes of this ‘‘(A) that is not less than 51 percent owned section, except that the Administration shall by 1 or more women; and ministration shall specifically determine whether the Administration believes that ensure that all eligible sources are provided ‘‘(B) the management and daily business a reasonable opportunity to submit propos- operations of which are controlled by 1 or the recipient will be able to obtain the req- uisite non-Federal funding and enter a writ- als.’’. more women; and (b) APPLICABILITY.—Any organization con- ten finding setting forth the reasons for ‘‘(2) the term ‘women’s business center ducting a 3-year project under section 29 of making such determination. site’ means the location of— the Small Business Act (15 U.S.C. 656) on the ‘‘(d) CONTRACT AUTHORITY.—A women’s ‘‘(A) a women’s business center; or business center may enter into a contract day before the date of enactment of this Act, ‘‘(B) 1 or more women’s business centers, with a Federal department or agency to pro- may extend the term of that project to a established in conjunction with another vide specific assistance to women and other total term of 5 years and receive financial women’s business center in another location underserved small business concerns. Per- assistance in accordance with section 29(c) of within a State or region— formance of such contract should not hinder the Small Business Act (as amended by this ‘‘(i) that reach a distinct population that the women’s business centers in carrying out title) subject to procedures established by would otherwise not be served; the terms of the grant received by the wom- the Administrator in coordination with the ‘‘(ii) whose services are targeted to women; en’s business centers from the Administra- Office of Women’s Business Ownership estab- and tion. lished under section 29 of the Small Business ‘‘(iii) whose scope, function, and activities ‘‘(e) SUBMISSION OF 5-YEAR PLAN.—Each ap- Act (15 U.S.C. 656) (as amended by this title). are similar to those of the primary women’s plicant organization initially shall submit a SEC. 307. OFFICE OF WOMEN’S BUSINESS OWNER- business center or centers in conjunction 5-year plan to the Administration on pro- SHIP. with which it was established. posed fundraising and training activities, Section 29 of the Small Business Act (15 ‘‘(b) AUTHORITY.—The Administration may and a recipient organization may receive fi- U.S.C. 656) is amended by adding at the end provide financial assistance to private orga- nancial assistance under this program for a the following: nizations to conduct 5-year projects for the maximum of 5 years per women’s business ‘‘(i) ASSISTANT ADMINISTRATOR FOR THE OF- benefit of small business concerns owned and center site. FICE OF WOMEN’S BUSINESS OWNERSHIP.— controlled by women. The projects shall pro- ‘‘(f) CRITERIA.—The Administration shall ‘‘(1) QUALIFICATION.—The Assistant Admin- vide— evaluate and rank applicants in accordance istrator for the Office of Women’s Business H8108 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Ownership (hereafter in this section referred the reasons therefore and affording the appli- shall be completed not later than January 31 to as the ‘Assistant Administrator’) shall cant an opportunity for a hearing, appeal, or of each year, based on the data for the preserve without regard to the provisions of other administrative proceeding under chap- ceding fiscal year, from October 1 through title 5, United States Code, governing ap- ter 5 of title 5, United States Code.’’. September 30.’’. pointments in the competitive service, and SEC. 308. NATIONAL WOMEN’S BUSINESS COUN- SEC. 403. REPORTS TO CONGRESS. without regard to chapter 51 and subchapter CIL PROCUREMENT PROJECT. Section 716(a) of the Small Business Com- III of chapter 53 of title 5, United States (a) IN GENERAL.—The Women’s Business petitiveness Demonstration Program Act of Code, relating to classification and General Ownership Act of 1988 (15 U.S.C. 631 note) is 1988 (15 U.S.C. 644 note) is amended— Schedule pay rates, but at a rate of pay not amended by adding at the end the following: (1) by striking ‘‘1996’’ and inserting ‘‘2000’’; to exceed the maximum of pay payable for a ‘‘SEC. 410. NATIONAL WOMEN’S BUSINESS COUN- (2) by striking ‘‘for Federal Procurement position at GS–17 of the General Schedule. CIL PROCUREMENT PROJECT. Policy’’ and inserting ‘‘of the Small Business ‘‘(2) RESPONSIBILITIES AND DUTIES.— ‘‘(a) PROCUREMENT PROJECT.— Administration’’; and ‘‘(A) RESPONSIBILITIES.—The responsibil- ‘‘(1) FEDERAL PROCUREMENT STUDY.— (3) by striking ‘‘Government Operations’’ ities of the Assistant Administrator shall be ‘‘(A) IN GENERAL.—The Council shall con- and inserting ‘‘Government Reform and to administer the programs and services of duct a study on the award of Federal prime Oversight’’. the Office of Women’s Business Ownership contracts and subcontracts to women-owned SEC. 404. SMALL BUSINESS PARTICIPATION IN established to assist women entrepreneurs in businesses, which study shall include— DREDGING. the areas of— ‘‘(i) an analysis of data collected by Fed- Section 722(a) of the Small Business Com- ‘‘(i) starting and operating a small busi- eral agencies on contract awards to women- petitiveness Demonstration Program Act of ness; owned businesses; 1988 (15 U.S.C. 644 note) is amended by strik- ‘‘(ii) development of management and ‘‘(ii) a determination of the degree to ing ‘‘1996’’ and inserting ‘‘2000’’. technical skills; which individual Federal agencies are in Subtitle B—Small Business Procurement ‘‘(iii) seeking Federal procurement oppor- compliance with the 5 percent women-owned Opportunities Program tunities; and business procurement goal established by ‘‘(iv) increasing the opportunity for access SEC. 411. CONTRACT BUNDLING. section 15(g)(1) of the Small Business Act (15 to capital. Section 2 of the Small Business Act (15 U.S.C. 644(g)(1)); ‘‘(B) DUTIES.—Duties of the position of the U.S.C. 631) is amended by adding at the end ‘‘(iii) a determination of the types and Assistant Administrator shall include— the following: amounts of Federal contracts characteris- ‘‘(i) administering and managing the Wom- ‘‘(j) In complying with the statement of tically awarded to women-owned businesses; en’s Business Centers program; congressional policy expressed in subsection and ‘‘(ii) recommending the annual administra- (a), relating to fostering the participation of ‘‘(iv) other relevant information relating tive and program budgets for the Office of small business concerns in the contracting to participation of women-owned businesses Women’s Business Ownership (including the opportunities of the Government, each Fed- in Federal procurement. budget for the Women’s Business Centers); eral agency, to the maximum extent prac- ‘‘(B) SUBMISSION OF RESULTS.—Not later ‘‘(iii) establishing appropriate funding lev- ticable, shall— than October 1, 1999, the Council shall sub- els therefore; ‘‘(1) comply with congressional intent to mit to the Committees on Small Business of ‘‘(iv) reviewing the annual budgets submit- foster the participation of small business the House of Representatives and the Senate, ted by each applicant for the Women’s Busi- concerns as prime contractors, subcontrac- and to the President, the results of the study ness Center program; tors, and suppliers; conducted under subparagraph (A). ‘‘(v) selecting applicants to participate in ‘‘(2) structure its contracting requirements ‘‘(2) BEST PRACTICES REPORT.—Not later this program; to facilitate competition by and among than March 1, 2000, the Council shall submit ‘‘(vi) implementing this section; small business concerns, taking all reason- to the Committees on Small Business of the ‘‘(vii) maintaining a clearinghouse to pro- able steps to eliminate obstacles to their House of Representatives and the Senate, vide for the dissemination and exchange of participation; and and to the President, a report, which shall information between Women’s Business Cen- ‘‘(3) avoid unnecessary and unjustified bun- include— ters; dling of contract requirements that pre- ‘‘(A) an analysis of the most successful ‘‘(viii) conducting program examinations cludes small business participation in pro- practices in attracting women-owned busi- of recipients of grants under this section; curements as prime contractors.’’. nesses as prime contractors and subcontrac- ‘‘(ix) serving as the vice chairperson of the SEC. 412. DEFINITION OF CONTRACT BUNDLING. tors by— Interagency Committee on Women’s Busi- Section 3 of the Small Business Act (15 ‘‘(i) Federal agencies (as supported by find- ness Enterprise; U.S.C. 632) is amended by adding at the end ings from the study required under sub- ‘‘(x) serving as liaison for the National the following: section (a)(1)) in Federal procurement ‘‘(o) DEFINITIONS OF BUNDLING OF CONTRACT Women’s Business Council; and awards; and REQUIREMENTS AND RELATED TERMS.—In this ‘‘(xi) advising the Administrator on ap- ‘‘(ii) the private sector; and Act— pointments to the Women’s Business Coun- ‘‘(B) recommendations for policy changes ‘‘(1) The term ‘bundling of contract re- cil. in Federal procurement practices, including quirements’ means consolidating two or ‘‘(3) CONSULTATION REQUIREMENTS.—In car- an increase in the Federal procurement goal rying out the responsibilities and duties de- more procurement requirements for goods or for women-owned businesses, in order to scribed in this subsection, the Assistant Ad- services previously provided or performed maximize the number of women-owned busi- ministrator shall confer with and seek the under separate smaller contracts into a so- nesses performing Federal contracts. advice of the Administration officials in licitation of offers for a single contract that ‘‘(b) CONTRACTING AUTHORITY.—In carrying areas served by the Women’s Business Cen- is likely to be unsuitable for award to a out this section, the Council may contract ters. small-business concern due to— with 1 or more public or private entities. ‘‘(j) PROGRAM EXAMINATION.— ‘‘(A) the diversity, size, or specialized na- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Not later than 180 days ture of the elements of the performance There is authorized to be appropriated to after the date of enactment of this sub- specified; carry out this section, not to exceed $200,000, section, the Administration shall develop ‘‘(B) the aggregate dollar value of the an- to remain available until expended through and implement an annual programmatic and ticipated award; fiscal year 2000.’’. financial examination of each Women’s Busi- ‘‘(C) the geographical dispersion of the ness Center established pursuant to this sec- TITLE IV—COMPETITIVENESS PROGRAM contract performance sites; or tion. AND PROCUREMENT OPPORTUNITIES ‘‘(D) any combination of the factors described in subparagraphs (A), (B), and (C). ‘‘(2) EXTENSION OF CONTRACTS.—In extend- Subtitle A—Small Business Competitiveness ing or renewing a contract with a Women’s Program ‘‘(2) The term ‘separate smaller contract’, with respect to a bundling of contract re- Business Center, the Administration shall SEC. 401. PROGRAM TERM. consider the results of the examination con- quirements, means a contract that has been Section 711(c) of the Small Business Com- performed by one or more small business ducted pursuant to paragraph (1). petitiveness Demonstration Program Act of ‘‘(k) CONTRACT AUTHORITY.—The authority concerns or was suitable for award to one or 1988 (15 U.S.C. 644 note) is amended by strik- of the Administration to enter into con- more small business concerns. ing ‘‘1997’’ and inserting ‘‘2000’’. tracts shall be in effect for each fiscal year ‘‘(3) The term ‘bundled contract’ means a only to the extent and in the amounts as are SEC. 402. MONITORING AGENCY PERFORMANCE. contract that is entered into to meet re- provided in advance in appropriations Acts. Section 712(d)(1) of the Small Business quirements that are consolidated in a bun- After the Administration has entered a con- Competitiveness Demonstration Program dling of contract requirements.’’. tract, either as a grant or a cooperative Act of 1988 (15 U.S.C. 644 note) is amended to SEC. 413. ASSESSING PROPOSED CONTRACT BUN- agreement, with any applicant under this read as follows: DLING. section, it shall not suspend, terminate, or ‘‘(1) Participating agencies shall monitor (a) IN GENERAL.—Section 15 of the Small fail to renew or extend any such contract un- the attainment of their small business par- Business Act (15 U.S.C. 644) is amended by in- less the Administration provides the appli- ticipation goals on an annual basis. An an- serting after subsection (d) the following new cant with written notification setting forth nual review by each participating agency subsection (e): September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8109

‘‘(e) PROCUREMENT STRATEGIES; CONTRACT (3) by inserting before the period at the end specified in paragraphs (1), (2), (3), and (4) of BUNDLING.— the following: ‘‘, or (5) why the agency has subsection (f); and ‘‘(1) IN GENERAL.—To the maximum extent determined that the bundled contract (as de- ‘‘(B) the due date for receipt of offers.’’. practicable, procurement strategies used by fined in section 3(o)) is necessary and justi- (b) REGULATIONS REQUIRED.—The Federal the various agencies having contracting au- fied’’. Acquisition Regulation shall be amended to thority shall facilitate the maximum par- (c) RESPONSIBILITIES OF AGENCY SMALL provide uniform implementation of the ticipation of small business concerns as BUSINESS ADVOCATES.—Subsection (k) of amendments made by this section. prime contractors, subcontractors, and sup- such section is amended— (c) CONFORMING AMENDMENT.—Section pliers. (1) by redesignating paragraphs (5) through 8(e)(1)(C) of the Small Business Act (15 U.S.C. ‘‘(2) MARKET RESEARCH.— (9) as paragraphs (6) through (10), respec- 637(e)(1)(C)) is amended by striking ‘‘$25,000’’ ‘‘(A) IN GENERAL.—Before proceeding with tively; and each place that term appears and inserting an acquisition strategy that could lead to a (2) by inserting after paragraph (4) the fol- ‘‘$100,000’’. contract containing consolidated procure- lowing: ment requirements, the head of an agency ‘‘(5) identify proposed solicitations that in- SEC. 417. DEADLINES FOR ISSUANCE OF REGULA- shall conduct market research to determine volve significant bundling of contract re- TIONS. whether consolidation of the requirements is quirements, and work with the agency acqui- (a) PROPOSED REGULATIONS.—Proposed necessary and justified. sition officials and the Administration to re- amendments to the Federal Acquisition Reg- ‘‘(B) FACTORS.—For purposes of subpara- vise the procurement strategies for such pro- ulation or proposed Small Business Adminis- graph (A), consolidation of the requirements posed solicitations where appropriate to in- tration regulations under this subtitle and may be determined as being necessary and crease the probability of participation by the amendments made by this subtitle shall justified if, as compared to the benefits that small businesses as prime contractors, or to be published not later than 120 days after the would be derived from contracting to meet facilitate small business participation as date of enactment of this Act for the purpose those requirements if not consolidated, the subcontractors and suppliers, if a solicita- of obtaining public comment pursuant to Federal Government would derive from the tion for a bundled contract is to be issued;’’. section 22 of the Office of Federal Procure- consolidation measurably substantial bene- SEC. 414. REPORTING OF BUNDLED CONTRACT ment Policy Act (41 U.S.C. 418b), or chapter fits, including any combination of benefits OPPORTUNITIES. 5 of title 5, United States Code, as appro- that, in combination, are measurably sub- (a) DATA COLLECTION REQUIRED.—The Fed- priate. The public shall be afforded not less stantial. Benefits described in the preceding eral Procurement Data System described in than 60 days to submit comments. sentence may include the following: section 6(d)(4)(A) of the Office of Federal (b) FINAL REGULATIONS.—Final regulations ‘‘(i) Cost savings. Procurement Policy Act (41 U.S.C. shall be published not later than 270 days ‘‘(ii) Quality improvements. 405(d)(4)(A)) shall be modified to collect data after the date of enactment of this Act. The ‘‘(iii) Reduction in acquisition cycle times. regarding bundling of contract requirements effective date for such final regulations shall ‘‘(iv) Better terms and conditions. when the contracting officer anticipates that be not less than 30 days after the date of pub- ‘‘(v) Any other benefits. the resulting contract price, including all lication. ‘‘(C) REDUCTION OF COSTS NOT DETERMINA- options, is expected to exceed $5,000,000. The TITLE V—MISCELLANEOUS PROVISIONS TIVE.—The reduction of administrative or data shall reflect a determination made by personnel costs alone shall not be a justifica- the contracting officer regarding whether a SEC. 501. SMALL BUSINESS TECHNOLOGY TRANS- tion for bundling of contract requirements particular solicitation constitutes a contract FER PROGRAM. unless the cost savings are expected to be bundling. (a) REQUIRED EXPENDITURES.—Section 9(n) substantial in relation to the dollar value of (b) DEFINITIONS.—In this section, the term of the Small Business Act (15 U.S.C. 638(n)) is the procurement requirements to be consoli- ‘‘bundling of contract requirements’’ has the amended by striking paragraph (1) and in- dated. meaning given that term in section 3(o) of serting the following: ‘‘(3) STRATEGY SPECIFICATIONS.—If the head the Small Business Act (15 U.S.C. 632(o)) (as ‘‘(1) REQUIRED EXPENDITURE AMOUNTS.— of a contracting agency determines that a added by section 412 of this title). With respect to fiscal years 1998, 1999, 2000, proposed procurement strategy for a pro- SEC. 415. EVALUATING SUBCONTRACT PARTICI- 2001, 2002, or 2003, each Federal agency that curement involves a substantial bundling of PATION IN AWARDING CONTRACTS. has an extramural budget for research, or re- contract requirements, the proposed procure- Section 8(d)(4) of the Small Business Act search and development, in excess of ment strategy shall— (15 U.S.C. 637(d)(4)) is amended by adding at $1,000,000,000 for that fiscal year, is author- ‘‘(A) identify specifically the benefits an- the end the following: ized to expend with small business concerns ticipated to be derived from the bundling of ‘‘(G) The following factors shall be des- not less than 0.15 percent of that extramural contract requirements; ignated by the Federal agency as significant budget specifically in connection with STTR ‘‘(B) set forth an assessment of the specific factors for purposes of evaluating offers for a programs that meet the requirements of this impediments to participation by small busi- bundled contract where the head of the agen- section and any policy directives and regula- ness concerns as prime contractors that re- cy determines that the contract offers a sig- tions issued under this section.’’. sult from the bundling of contract require- nificant opportunity for subcontracting: (b) PILOT PROGRAM.— ments and specify actions designed to maxi- ‘‘(i) A factor that is based on the rate pro- (1) IN GENERAL.—Section 9 of the Small mize small business participation as sub- vided under the subcontracting plan for Business Act (15 U.S.C. 638) is amended by contractors (including suppliers) at various small business participation in the perform- adding at the end the following: tiers under the contract or contracts that ance of the contract. ‘‘(s) PILOT PROGRAM.— are awarded to meet the requirements; and ‘‘(ii) For the evaluation of past perform- ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this ‘‘(C) include a specific determination that ance of an offeror, a factor that is based on subsection, the term ‘eligible State’ means a the anticipated benefits of the proposed bun- the extent to which the offeror attained ap- State— dled contract justify its use. plicable goals for small business participa- ‘‘(A) if the total value of contracts awarded ‘‘(4) CONTRACT TEAMING.—In the case of a tion in the performance of contracts.’’. to the State during fiscal year 1995 under solicitation of offers for a bundled contract SEC. 416. IMPROVED NOTICE OF SUBCONTRACT- this section was less than $5,000,000; and that is issued by the head of an agency, a ING OPPORTUNITIES. ‘‘(B) that certifies to the Federal agency small-business concern may submit an offer (a) USE OF THE COMMERCE BUSINESS DAILY described in paragraph (2) that the State that provides for use of a particular team of AUTHORIZED.—Section 8 of the Small Busi- will, upon receipt of assistance under this subcontractors for the performance of the ness Act (15 U.S.C. 637) is amended by adding subsection, provide matching funds from contract. The head of the agency shall evalu- at the end the following: non-Federal sources in an amount that is not ate the offer in the same manner as other of- ‘‘(k) NOTICES OF SUBCONTRACTING OPPORTU- less than 50 percent of the amount provided fers, with due consideration to the capabili- NITIES.— under this subsection. ties of all of the proposed subcontractors. ‘‘(1) IN GENERAL.—Notices of subcontract- ‘‘(2) PROGRAM AUTHORITY.—Of amounts When a small business concern teams under ing opportunities may be submitted for pub- made available to carry out this section for this paragraph, it shall not affect its status lication in the Commerce Business Daily fiscal year 1998, 1999, or 2000, the Adminis- as a small business concern for any other by— trator may expend with eligible States not purpose.’’. ‘‘(A) a business concern awarded a contract more than $2,000,000 in each such fiscal year (b) ADMINISTRATION REVIEW.—The third by an executive agency subject to subsection in order to increase the participation of sentence of subsection (a) of such section is (e)(1)(C); and small business concerns located in those amended— ‘‘(B) a business concern which is a sub- States in the programs under this section. (1) by inserting after ‘‘discrete construc- contractor or supplier (at any tier) to such ‘‘(3) AMOUNT OF ASSISTANCE.—The amount tion projects,’’ the following: ‘‘or the solici- contractor having a subcontracting oppor- of assistance provided to an eligible State tation involves an unnecessary or unjustified tunity in excess of $10,000. under this subsection in any fiscal year— bundling of contract requirements, as deter- ‘‘(2) CONTENT OF NOTICE.—The notice of a ‘‘(A) shall be equal to twice the total mined by the Administration,’’; subcontracting opportunity shall include— amount of matching funds from non-Federal (2) by striking out ‘‘or (4)’’ and inserting in ‘‘(A) a description of the business oppor- sources provided by the State; and lieu thereof ‘‘(4)’’; and tunity that is comparable to the description ‘‘(B) shall not exceed $100,000. H8110 CONGRESSIONAL RECORD — HOUSE September 29, 1997

‘‘(4) USE OF ASSISTANCE.—Assistance pro- ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— (D) by striking ‘‘last,,’’ and inserting vided to an eligible State under this sub- There are authorized to be appropriated to ‘‘last,’’; section shall be used by the State, in con- carry out the national program under this (3) by redesignating paragraphs (4) through sultation with State and local departments section— (7) as paragraphs (5) through (8), respec- and agencies, for programs and activities to ‘‘(I) $85,000,000 for fiscal year 1998; tively; and increase the participation of small business ‘‘(II) $90,000,000 for fiscal year 1999; and (4) in paragraph (3), in the undesignated concerns located in the State in the pro- ‘‘(III) $95,000,000 for fiscal year 2000 and material following subparagraph (S) (as grams under this section, including— each fiscal year thereafter.’’; and added by this subsection), by striking ‘‘A ‘‘(A) the establishment of quantifiable per- (4) in paragraph (6)— small’’ and inserting the following: formance goals, including goals relating to— (A) in subparagraph (A), by striking ‘‘and’’ ‘‘(4) A small’’. ‘‘(i) the number of program awards under at the end; (c) COMPETITIVE AWARDS.—Section 21(l) of this section made to small business concerns (B) in subparagraph (B), by striking the the Small Business Act (15 U.S.C. 648(l)) is in the State; and comma at the end and inserting ‘‘; and’’; and amended by adding at the end the following: ‘‘(ii) the total amount of Federal research (C) inserting after subparagraph (B) the ‘‘If any contract under this section with an and development contracts awarded to small following: entity that is in compliance with this sec- business concerns in the State; ‘‘(C) with outreach, development, and en- tion is not renewed or extended, any award ‘‘(B) the provision of competition outreach hancement of minority-owned small business of a contract under this section to another support to small business concerns in the startups or expansions, veteran-owned small entity shall be made on a competitive State that are involved in research and de- business startups or expansions, and women- basis.’’. velopment; and owned small business startups or expansions, (d) PROHIBITION ON CERTAIN FEES.—Section ‘‘(C) the development and dissemination of in communities impacted by base closings or 21 of the Small Business Act (15 U.S.C. 648) is educational and promotional information re- military or corporate downsizing, or in rural amended by adding at the end the following: lating to the programs under this section to or underserved communities;’’. ‘‘(m) PROHIBITION ON CERTAIN FEES.—A small business concerns in the State.’’. (b) SBDC SERVICES.—Section 21(c) of the small business development center shall not (2) REPEAL.—Effective October 1, 2000, sec- Small Business Act (15 U.S.C. 648(c)) is impose or otherwise collect a fee or other tion 9(s) of the Small Business Act (as added amended— compensation in connection with the provi- by paragraph (1) of this subsection) is re- (1) in paragraph (3)— sion of counseling services under this sec- pealed. (A) in subparagraph (A), by striking ‘‘busi- tion.’’. SEC. 502. SMALL BUSINESS DEVELOPMENT CEN- nesses;’’ and inserting ‘‘businesses, includ- SEC. 503. PILOT PREFERRED SURETY BOND TERS. ing— GUARANTEE PROGRAM EXTENSION. (a) IN GENERAL.—Section 21(a) of the Small ‘‘(i) working with individuals to increase Section 207 of the Small Business Adminis- Business Act (15 U.S.C. 648(a)) is amended— awareness of basic credit practices and credit tration Reauthorization and Amendment Act (1) in paragraph (1)— requirements; of 1988 (15 U.S.C. 694b note) is amended by (A) by inserting ‘‘any women’s business ‘‘(ii) working with individuals to develop- striking ‘‘September 30, 1997’’ and inserting center operating pursuant to section 29,’’ ment business plans, financial packages, ‘‘September 30, 2000’’. after ‘‘credit or finance corporation,’’; credit applications, and contract proposals; SEC. 504. EXTENSION OF COSPONSORSHIP AU- (B) by inserting ‘‘or a women’s business ‘‘(iii) working with the Administration to THORITY. center operating pursuant to section 29’’ develop and provide informational tools for Section 401(a)(2) of the Small Business Ad- after ‘‘other than an institution of higher use in working with individuals on pre-busi- ministration Reauthorization and Amend- education’’; and ness startup planning, existing business ex- ments Act of 1994 (15 U.S.C. 637 note) is (C) by inserting ‘‘and women’s business pansion, and export planning; and amended by striking ‘‘September 30, 1997’’ centers operating pursuant to section 29’’ ‘‘(iv) working with individuals referred by and inserting ‘‘September 30, 2000’’. after ‘‘utilize institutions of higher edu- the local offices of the Administration and SEC. 505. ASSET SALES. cation’’; Administration participating lenders;’’; In connection with the Administration’s (2) in paragraph (3)— (B) in each of subparagraphs (B), (C), (D), implementation of a program to sell to the (A) by striking ‘‘, but with’’ and all that (E), (F), (G), (M), (N), (O), (Q), and (R) by private sector loans and other assets held by follows through ‘‘parties.’’ and inserting the moving each margin two ems to the right; the Administration, the Administration following: ‘‘for the delivery of programs and (C) in subparagraph (C), by inserting ‘‘and shall provide to the Committees on Small services to the Small Business community. the Administration’’ after ‘‘Center’’; Business in the Senate and House of Rep- Such programs and services shall be jointly (D) by striking subparagraph (H), and in- resentatives a copy of the draft and final developed, negotiated, and agreed upon, with serting the following: plans describing the sale and the anticipated full participation of both parties, pursuant ‘‘(H) working with the technical and envi- benefits resulting from such sale. to an executed cooperative agreement be- ronmental compliance assistance programs SEC. 506. SMALL BUSINESS EXPORT PROMOTION. tween the Small Business Development Cen- established in each State under section 507 of (a) IN GENERAL.—Section 21(c)(3) of the ter applicant and the Administration.’’; and the Clean Air Act Amendments of 1970, or Small Business Act (15 U.S.C. 648(c)(3)) is (B) by adding at the end the following: State pollution prevention programs to no- amended— ‘‘(C) On an annual basis, the Small Busi- tify small businesses through outreach pro- (1) in subparagraph (Q), by striking ‘‘and’’ ness Development Center shall review and grams of regulations that affect small busi- at the end; coordinate public and private partnerships nesses and making counseling, conferences, (2) in subparagraph (B), by striking the pe- and cosponsorships with the Administration and materials available on methods of com- riod at the end and inserting ‘‘; and’’; and for the purpose of more efficiently pliance;’’; (3) by inserting after subparagraph (R) the leveraging available resources on a National (E) in subparagraph (Q), by striking ‘‘and’’ following: and a State basis.’’; at the end; ‘‘(S) providing small business owners with (3) in paragraph (4)(C)— (F) in subparagraph (R), by striking the pe- access to a wide variety of export-related in- (A) by striking clause (i) and inserting the riod at the end and inserting ‘‘; and’’; and formation by establishing on-line computer following: (G) by inserting after subparagraph (R) the linkages between small business develop- ‘‘(i) IN GENERAL.— following: ment centers and an international trade data ‘‘(I) GRANT AMOUNT.—Subject to subclause ‘‘(S) providing counseling and technology information network with ties to the Export (II), the amount of a grant received by a development when necessary to help small Assistance Center program.’’. State under this section shall be equal to the businesses find solutions for complying with (b) AUTHORIZATION OF APPROPRIATIONS.— greater of $500,000, or the sum of— environmental, energy, health, safety, and There are authorized to be appropriated to ‘‘(aa) the State’s pro rata share of the na- other Federal, State, and local regulation in- carry out section 21(c)(3)(S) of the Small tional program, based upon the population of cluding cooperating with the technical and Business Act (15 U.S.C. 648(c)(3)(S)), as added the State as compared to the total popu- environmental compliance assistance pro- by this section, $1,500,000 for each fiscal lation of the United States; and grams established in each State under sec- years 1998 and 1999. ‘‘(bb) $300,000 in fiscal year 1998, $400,000 in tion 507 of the Clean Air Act Amendments of SEC. 507. DEFENSE LOAN AND TECHNICAL AS- fiscal year 1999, and $500,000 in each fiscal 1970 or State pollution prevention programs SISTANCE PROGRAM. year thereafter. in the provision of counseling and tech- (a) DELTA PROGRAM AUTHORIZED.— ‘‘(II) PRO RATA REDUCTIONS.—If the amount nology development to help small businesses (1) IN GENERAL.—The Administrator of the made available to carry out this section for find solutions for complying with environ- Small Business Administration may admin- any fiscal year is insufficient to carry out mental regulations.’’; ister the Defense Loan and Technical Assist- subclause (I), the Administration shall make (2) in paragraph (5)— ance program in accordance with the author- pro rata reductions in the amounts other- (A) by moving the margin 2 ems to the ity and requirements of this section. wise payable to States under this clause.’’; right; (2) EXPIRATION OF AUTHORITY.—The author- and (B) by striking ‘‘paragraph (a)(1)’’ and in- ity of the Administrator to carry out the (B) in clause (iii), by striking ‘‘(iii)’’ and serting ‘‘subsection (a)(1)’’; DELTA program under paragraph (1) shall all that follows through ‘‘1997.’’ and inserting (C) by striking ‘‘which ever’’ and inserting terminate when the funds referred to in sub- the following: ‘‘whichever’’; and section (g)(1) have been expended. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8111

(3) DELTA PROGRAM DEFINED.—In this sec- (B) subcontracts in support of defense-re- ployment rate for the State in which the tion, the terms ‘‘Defense Loan and Technical lated prime contracts. county is located. Assistance program’’ and ‘‘DELTA program’’ (e) MAXIMUM AMOUNT OF LOAN PRINCIPAL.— ‘‘(5) QUALIFIED HUBZONE SMALL BUSINESS mean the Defense Loan and Technical As- The maximum amount of loan principal for CONCERN.— sistance program that has been established which the Administrator may provide a ‘‘(A) IN GENERAL.—A HUBZone small busi- by a memorandum of understanding entered guarantee under this section during a fiscal ness concern is ‘qualified’, if— into by the Administrator and the Secretary year may not exceed $1,250,000. ‘‘(i) the small business concern has cer- of Defense on June 26, 1995. (f) LOAN GUARANTY RATE.—The maximum tified in writing to the Administrator (or the (b) ASSISTANCE.— allowable guarantee percentage for loans Administrator otherwise determines, based (1) AUTHORITY.—Under the DELTA pro- guaranteed under this section may not ex- on information submitted to the Adminis- gram, the Administrator may assist small ceed 80 percent. trator by the small business concern, or business concerns that are economically de- (g) FUNDING.— based on certification procedures, which pendent on defense expenditures to acquire (1) IN GENERAL.—The funds that have been shall be established by the Administration dual-use capabilities. made available for loan guarantees under the by regulation) that— (2) FORMS OF ASSISTANCE.—Forms of assist- DELTA program and have been transferred ‘‘(I) it is a HUBZone small business con- ance authorized under paragraph (1) are as from the Department of Defense to the Small cern; follows: Business Administration before the date of ‘‘(II) not less than 35 percent of the em- (A) LOAN GUARANTEES.—Loan guarantees the enactment of this Act shall be used for ployees of the small business concern reside under the terms and conditions specified carrying out the DELTA program under this in a HUBZone, and the small business con- under this section and other applicable law. section. cern will attempt to maintain this employ- (B) NONFINANCIAL ASSISTANCE.—Other (2) CONTINUED AVAILABILITY OF EXISTING ment percentage during the performance of forms of assistance that are not financial. FUNDS.—The funds made available under the any contract awarded to the small business E concern on the basis of a preference provided (c) ADMINISTRATION OF PROGRAM.—In the second proviso under the heading ‘‘R - under section 31(b); and administration of the DELTA program under SEARCH, DEVELOPMENT, TEST AND EVALUA- ‘‘(III) with respect to any subcontract en- this section, the Administrator shall— TION, DEFENSE-WIDE’’ in Public Law 103–335 tered into by the small business concern pur- (1) process applications for DELTA pro- (108 Stat. 2613) shall be available until ex- suant to a contract awarded to the small gram loan guarantees; pended— business concern under section 31, the small (2) guarantee repayment of the resulting (A) to cover the costs (as defined in section business concern will ensure that— loans in accordance with this section; and 502(5) of the Federal Credit Reform Act of ‘‘(aa) in the case of a contract for services (3) take such other actions as are nec- 1990 (2 U.S.C. 661a(5))) of loan guarantees is- (except construction), not less than 50 per- essary to administer the program. sued under this section; and (B) to cover the reasonable costs of the ad- cent of the cost of contract performance in- (d) SELECTION AND ELIGIBILITY REQUIRE- ministration of the loan guarantees. curred for personnel will be expended for its MENTS FOR DELTA LOAN GUARANTEES.— employees or for employees of other TITLE VI—HUBZONE PROGRAM (1) IN GENERAL.—The selection criteria and HUBZone small business concerns; and eligibility requirements set forth in this sub- SEC. 601. SHORT TITLE. ‘‘(bb) in the case of a contract for procure- section shall be applied in the selection of This title may be cited as the ‘‘HUBZone ment of supplies (other than procurement small business concerns to receive loan guar- Act of 1997’’. from a regular dealer in such supplies), not antees under the DELTA program. SEC. 602. HISTORICALLY UNDERUTILIZED BUSI- less than 50 percent of the cost of manufac- (2) SELECTION CRITERIA.—The criteria used NESS ZONES. turing the supplies (not including the cost of for the selection of a small business concern (a) DEFINITIONS.—Section 3 of the Small materials) will be incurred in connection to receive a loan guarantee under this sec- Business Act (15 U.S.C. 632) (as amended by with the performance of the contract in a tion are as follows: section 412 of this Act) is amended by adding HUBZone by 1 or more HUBZone small busi- (A) The selection criteria established at the end the following: ness concerns; and under the memorandum of understanding re- ‘‘(p) DEFINITIONS RELATING TO ‘‘(ii) no certification made or information ferred to in subsection (a)(3). HUBZONES.—In this Act: provided by the small business concern under (B) The extent to which the loans to be ‘‘(1) HISTORICALLY UNDERUTILIZED BUSINESS clause (i) has been, in accordance with the guaranteed would support the retention of ZONE.—The term ‘historically underutilized procedures established under section defense workers whose employment would business zone’ means any area located within 31(c)(1)— otherwise be permanently or temporarily 1 or more— ‘‘(I) successfully challenged by an inter- terminated as a result of reductions in ex- ‘‘(A) qualified census tracts; ested party; or penditures by the United States for defense, ‘‘(B) qualified nonmetropolitan counties; ‘‘(II) otherwise determined by the Adminis- the termination or cancellation of a defense or trator to be materially false. contract, the failure to proceed with an ap- ‘‘(C) lands within the external boundaries ‘‘(B) CHANGE IN PERCENTAGES.—The Admin- proved major weapon system, the merger or of an Indian reservation. istrator may utilize a percentage other than consolidation of the operations of a defense ‘‘(2) HUBZONE.—The term ‘HUBZone’ the percentage specified in under subclause contractor, or the closure or realignment of means a historically underutilized business (IV) or (V) of subparagraph (A)(i), if the Ad- a military installation. zone. ministrator determines that such action is (C) The extent to which the loans to be ‘‘(3) HUBZONE SMALL BUSINESS CONCERN.— necessary to reflect conventional industry guaranteed would stimulate job creation and The term ‘HUBZone small business concern’ practices among small business concerns new economic activities in communities means a small business concern— that are below the numerical size standard most adversely affected by reductions in ex- ‘‘(A) that is owned and controlled by 1 or for businesses in that industry category. penditures by the United States for defense, more persons, each of whom is a United ‘‘(C) CONSTRUCTION AND OTHER CON- the termination or cancellation of a defense States citizen; and TRACTS.—The Administrator shall promul- contract, the failure to proceed with an ap- ‘‘(B) the principal office of which is located gate final regulations imposing requirements proved major weapon system, the merger or in a HUBZone; or that are similar to those specified in sub- consolidation of the operations of a defense ‘‘(4) QUALIFIED AREAS.— clauses (IV) and (V) of subparagraph (A)(i) on contractor, or the closure or realignment of ‘‘(A) QUALIFIED CENSUS TRACT.—The term contracts for general and specialty construc- a military installation. ‘qualified census tract’ has the meaning tion, and on contracts for any other industry (D) The extent to which the loans to be given that term in section 42(d)(5)(C)(i)(I) of category that would not otherwise be subject guaranteed would be used to acquire (or per- the Internal Revenue Code of 1986. to those requirements. The percentage appli- mit the use of other funds to acquire) capital ‘‘(B) QUALIFIED NONMETROPOLITAN COUN- cable to any such requirement shall be deter- equipment to modernize or expand the facili- TY.—The term ‘qualified nonmetropolitan mined in accordance with subparagraph (B). ties of the borrower to enable the borrower county’ means any county— ‘‘(D) LIST OF QUALIFIED SMALL BUSINESS to remain in the national technology and in- ‘‘(i) that, based on the most recent data CONCERNS.—The Administrator shall estab- dustrial base available to the Department of available from the Bureau of the Census of lish and maintain a list of qualified Defense. the Department of Commerce— HUBZone small business concerns, which list (3) ELIGIBILITY REQUIREMENTS.—To be eligi- ‘‘(I) is not located in a metropolitan statis- shall, to the extent practicable— ble for a loan guarantee under the DELTA tical area (as that term is defined in section ‘‘(i) include the name, address, and type of program, a borrower must demonstrate to 143(k)(2)(B) of the Internal Revenue Code of business with respect to each such small the satisfaction of the Administrator that, 1986); and business concern; during any 1 of the 5 preceding operating ‘‘(II) in which the median household in- ‘‘(ii) be updated by the Administrator not years of the borrower, not less than 25 per- come is less than 80 percent of the nonmetro- less than annually; and cent of the value of the borrower’s sales were politan State median household income; or ‘‘(iii) be provided upon request to any Fed- derived from— ‘‘(ii) that, based on the most recent data eral agency or other entity.’’. (A) contracts with the Department of De- available from the Secretary of Labor, has (b) FEDERAL CONTRACTING.— fense or the defense-related activities of the an unemployment rate that is not less than (1) IN GENERAL.—The Small Business Act Department of Energy; or 140 percent of the statewide average unem- (15 U.S.C. 631 et seq.) is amended— H8112 CONGRESSIONAL RECORD — HOUSE September 29, 1997

(A) by redesignating section 31 as section ‘‘(1) VERIFICATION OF ELIGIBILITY.—In car- ‘‘(F) In this contract, the term ‘qualified 32; and rying out this section, the Administrator HUBZone small business concern’ has the (B) by inserting after section 30 the follow- shall establish procedures relating to— meaning given that term in section 3(p) of ing: ‘‘(A) the filing, investigation, and disposi- the Small Business Act.’’; tion by the Administration of any challenge (3) in paragraph (4)(E), by striking ‘‘small ‘‘SEC. 31. HUBZONE PROGRAM. to the eligibility of a small business concern business concerns and’’ and inserting ‘‘small ‘‘(a) IN GENERAL.—There is established to receive assistance under this section (in- business concerns, qualified HUBZone small within the Administration a program to be cluding a challenge, filed by an interested business concerns, and’’; carried out by the Administrator to provide party, relating to the veracity of a certifi- (4) in paragraph (6), by inserting ‘‘qualified for Federal contracting assistance to quali- cation made or information provided to the HUBZone small business concerns,’’ after fied HUBZone small business concerns in ac- Administration by a small business concern ‘‘small business concerns,’’ each place that cordance with this section. under section 3(p)(5)); and term appears; and ‘‘(b) ELIGIBLE CONTRACTS.— ‘‘(B) verification by the Administrator of (5) in paragraph (10), by inserting ‘‘quali- ‘‘(1) DEFINITIONS.—In this subsection— the accuracy of any certification made or in- fied HUBZone small business concerns,’’ ‘‘(A) the term ‘contracting officer’ has the formation provided to the Administration by after ‘‘small business concerns,’’. meaning given that term in section 27(f)(5) of a small business concern under section (b) AWARDS OF CONTRACTS.—Section 15 of the Office of Federal Procurement Policy 3(p)(5). the Small Business Act (15 U.S.C. 644) is Act (41 U.S.C. 423(f)(5)); and ‘‘(2) EXAMINATIONS.—The procedures estab- amended— ‘‘(B) the terms ‘executive agency’ and ‘full lished under paragraph (1) may provide for (1) in subsection (g)(1)— and open competition’ have the meanings program examinations (including random (A) by inserting ‘‘qualified HUBZone small given such terms in section 4 of the Office of program examinations) by the Administrator business concerns,’’ after ‘‘small business Federal Procurement Policy Act (41 U.S.C. of any small business concern making a cer- concerns,’’ each place that term appears; 403). tification or providing information to the (B) in the second sentence, by striking ‘‘20 percent’’ and inserting ‘‘23 percent’’; and ‘‘(2) REQUIREMENTS.—Subject to paragraph Administrator under section 3(p)(5). (C) by inserting after the second sentence (3), a contract opportunity offered for award ‘‘(3) PROVISION OF DATA.—Upon the request pursuant to this section shall be awarded on of the Administrator, the Secretary of the following: ‘‘The Governmentwide goal for the basis of competition restricted to quali- Labor, the Secretary of Housing and Urban participation by qualified HUBZone small business concerns shall be established at not fied HUBZone small business concerns, if Development, and the Secretary of the Inte- less than 1 percent of the total value of all there is a reasonable expectation that not rior (or the Assistant Secretary for Indian prime contract awards for fiscal year 1999, less than 2 qualified HUBZone small business Affairs), shall promptly provide to the Ad- not less than 1.5 percent of the total value of concerns will submit offers and that award ministrator such information as the Admin- all prime contract awards for fiscal year can be made at a fair market price. istrator determines to be necessary to carry 2000, not less than 2 percent of the total ‘‘(3) ALTERNATE AUTHORITY.—Notwith- out this subsection. value of all prime contract awards for fiscal standing any other provision of law, a con- ‘‘(4) PENALTIES.—In addition to the pen- year 2001, not less than 2.5 percent of the tracting officer may award sole source con- alties described in section 16(d), any small total value of all prime contract awards for tracts under this section to any qualified business concern that is determined by the fiscal year 2002, and not less than 3 percent HUBZone small business concern, if— Administrator to have misrepresented the of the total value of all prime contract ‘‘(A) the qualified HUBZone small business status of that concern as a ‘HUBZone small awards for fiscal year 2003 and each fiscal concern is determined to be a responsible business concern’ for purposes of this sec- year thereafter.’’; contractor with respect to performance of tion, shall be subject to— (2) in subsection (g)(2)— such contract opportunity; ‘‘(A) section 1001 of title 18, United States (A) in the first sentence, by striking ‘‘,, by ‘‘(B) the anticipated award price of the Code; and small business concerns owned and con- contract (including options) will not ex- ‘‘(B) sections 3729 through 3733 of title 31, trolled by socially and economically dis- ceed— United States Code.’’. advantaged individuals’’ and inserting ‘‘, by ‘‘(i) $5,000,000, in the case of a contract op- (2) INITIAL LIMITED APPLICABILITY.—During qualified HUBZone small business concerns, portunity assigned a standard industrial the period beginning on the date of enact- by small business concerns owned and con- classification code for manufacturing; or ment of this Act and ending on September trolled by socially and economically dis- ‘‘(ii) $3,000,000, in the case of all other con- 30, 2000, section 31 of the Small Business Act advantaged individuals’’; tract opportunities; and (as added by paragraph (1) of this subsection) (B) in the second sentence, by inserting ‘‘(C) in the estimation of the contracting shall apply only to procurements by— ‘‘qualified HUBZone small business con- officer, the contract award can be made at a (A) the Department of Defense; cerns,’’ after ‘‘small business concerns,’’; and fair and reasonable price. (B) the Department of Agriculture; (C) in the fourth sentence, by striking ‘‘by ‘‘(4) PRICE EVALUATION PREFERENCE IN FULL (C) the Department of Health and Human small business concerns owned and con- AND OPEN COMPETITIONS.—In any case in Services; trolled by socially and economically dis- which a contract is to be awarded on the (D) the Department of Transportation; advantaged individuals and participation by basis of full and open competition, the price (E) the Department of Energy; small business concerns owned and con- offered by a small business concern shall be (F) the Department of Housing and Urban trolled by women’’ and inserting ‘‘by quali- deemed as being lower than the price offered Development; fied HUBZone small business concerns, by by another offeror (other than another small (G) the Environmental Protection Agency; small business concerns owned and con- business concern), if the price offered by the (H) the National Aeronautics and Space trolled by socially and economically dis- qualified HUBZone small business concern is Administration; advantaged individuals, and by small busi- not more than 10 percent higher than the (I) the General Services Administration; ness concerns owned and controlled by price offered by the otherwise lowest, respon- and women’’; and sive, and responsible offeror. (J) the Department of Veterans Affairs. (3) in subsection (h), by inserting ‘‘quali- ‘‘(5) RELATIONSHIP TO OTHER CONTRACTING SEC. 603. TECHNICAL AND CONFORMING AMEND- fied HUBZone small business concerns,’’ PREFERENCES.— MENTS TO THE SMALL BUSINESS after ‘‘small business concerns,’’ each place ‘‘(A) SUBORDINATE RELATIONSHIP.—A pro- ACT. that term appears. curement may not be made from a source on (a) PERFORMANCE OF CONTRACTS.—Section (c) OFFENSES AND PENALTIES.—Section 16 the basis of a preference provided in para- 8(d) of the Small Business Act (15 U.S.C. of the Small Business Act (15 U.S.C. 645) is graph (2), (3), or (4), if the procurement 637(d)) is amended— amended— would otherwise be made from a different (1) in paragraph (1)— (1) in subsection (d)(1)— source under section 4124 or 4125 of title 18, (A) in the first sentence, by striking ‘‘,, (A) by inserting ‘‘, a ‘qualified HUBZone United States Code, or the Javits-Wagner- small business concerns owned and con- small business concern’,’’ after ‘‘ ‘small busi- O’Day Act. trolled by socially and economically dis- ness concern’,’’; and ‘‘(B) PARITY RELATIONSHIP.—The provisions advantaged individuals’’ and inserting ‘‘, (B) in subparagraph (A), by striking ‘‘sec- of paragraphs (2), (3), and (4) shall not limit qualified HUBZone small business concerns, tion 9 or 15’’ and inserting ‘‘section 9, 15, or the discretion of a contracting officer to let small business concerns owned and con- 31’’; and any procurement contract to the Adminis- trolled by socially and economically dis- (2) in subsection (e), by inserting ‘‘, a tration under section 8(a). Notwithstanding advantaged individuals’’; and ‘HUBZone small business concern’,’’ after section 8(a), the Administration may not ap- (B) in the second sentence, by inserting ‘‘ ‘small business concern’,’’. peal an adverse decision of any contracting ‘‘qualified HUBZone small business con- SEC. 604. OTHER TECHNICAL AND CONFORMING officer declining to let a procurement concerns,’’ after ‘‘small business concerns,’’; AMENDMENTS. tract to the Administration, if the procure- (2) in paragraph (3)— (a) TITLE 10, UNITED STATES CODE.—Sec- ment is made to a qualified HUBZone small (A) by inserting ‘‘qualified HUBZone small tion 2323 of title 10, United States Code, is business concern on the basis of a preference business concerns,’’ after ‘‘small business amended— under paragraph (2), (3), or (4). concerns,’’ each place that term appears; and (1) in subsection (a)(1)(A), by inserting be- ‘‘(c) ENFORCEMENT; PENALTIES.— (B) by adding at the end the following: fore the semicolon the following: ‘‘, and September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8113

qualified HUBZone small business concerns (1) ENUMERATION OF INCLUDED FUNCTIONS.— (b) FEDERAL ACQUISITION REGULATION.—Not (as that term is defined in section 3(p) of the Section 6(d) of the Office of Federal Procure- later than 180 days after the date on which Small Business Act)’’; and ment Policy Act (41 U.S.C. 405(d)) is amend- final regulations are published under sub- (2) in subsection (f)(1), by inserting ‘‘or as ed— section (a), the Federal Acquisition Regu- a qualified HUBZone small business concern (A) in paragraph (11), by inserting ‘‘quali- latory Council shall amend the Federal Ac- (as that term is defined in section 3(p) of the fied HUBZone small business concerns (as quisition Regulation in order to ensure con- Small Business Act)’’ after ‘‘(as described in that term is defined in section 3(p) of the sistency between the Federal Acquisition subsection (a))’’. Small Business Act),’’ after ‘‘small busi- Regulation, this title and the amendments (b) FEDERAL HOME LOAN BANK ACT.—Sec- nesses,’’; and made by this title, and the final regulations tion 21A(b)(13) of the Federal Home Loan (B) in paragraph (12), by inserting ‘‘quali- published under subsection (a). Bank Act (12 U.S.C. 1441a(b)(13)) is amend- fied HUBZone small business concerns (as SEC. 606. REPORT. ed— that term is defined in section 3(p) of the Not later than March 1, 2000, the Adminis- (1) by striking ‘‘concerns and small’’ and Small Business Act (15 U.S.C. 632(o)),’’ after trator of the Small Business Administration inserting ‘‘concerns, small’’; and ‘‘small businesses,’’. shall submit to the Committees on Small (2) by inserting ‘‘, and qualified HUBZone (2) PROCUREMENT DATA.—Section 502 of the Business of the House of Representatives and small business concerns (as that term is de- Women’s Business Ownership Act of 1988 (41 the Senate a report on the implementation fined in section 3(p) of the Small Business U.S.C. 417a) is amended— of the HUBZone program established under Act)’’ after ‘‘disadvantaged individuals’’. (A) in subsection (a)— section 31 of the Small Business Act (as (c) SMALL BUSINESS ECONOMIC POLICY ACT (i) in the first sentence, by inserting ‘‘the amended by this title) and the degree to OF 1980.—Section 303(e) of the Small Business number of qualified HUBZone small business which the HUBZone program has resulted in Economic Policy Act of 1980 (15 U.S.C. concerns,’’ after ‘‘Procurement Policy’’; and increased employment opportunities and an 631b(e)) is amended— (ii) by inserting a comma after ‘‘women’’; increased level of investment in HUBZones (1) in paragraph (1), by striking ‘‘and’’ at and (as that term is defined in section 3(p) of the the end; (B) in subsection (b), by inserting after Small Business Act, as added by this title). (2) in paragraph (2), by striking the period ‘‘section 204 of this Act’’ the following: ‘‘, SEC. 607. AUTHORIZATION OF APPROPRIATIONS. at the end and inserting ‘‘; and’’; and and the term ‘qualified HUBZone small busi- (3) by adding at the end the following: Section 20 of the Small Business Act (15 ness concern’ has the meaning given that U.S.C. 631 note) (as amended by section 101 of ‘‘(3) qualified HUBZone small business con- term in section 3(p) of the Small Business cern (as that term is defined in section 3(p) this Act) is amended— Act (15 U.S.C. 632(o)).’’. (1) in subsection (c), by adding at the end of the Small Business Act).’’. (g) ENERGY POLICY ACT OF 1992.—Section (d) SMALL BUSINESS INVESTMENT ACT OF the following: 3021 of the Energy Policy Act of 1992 (42 1958.—Section 411(c)(3)(B) of the Small Busi- ‘‘(3) HUBZONE PROGRAM.—There are au- U.S.C. 13556) is amended— ness Investment Act of 1958 (15 U.S.C. thorized to be appropriated to the Adminis- (1) in subsection (a)— 694b(c)(3)(B)) is amended by inserting before tration to carry out the program under sec- (A) in paragraph (2), by striking ‘‘or’’; the semicolon the following: ‘‘, or to a quali- tion 31, $5,000,000 for fiscal year 1998.’’; (B) in paragraph (3), by striking the period fied HUBZone small business concern, as (2) in subsection (d), by adding at the end and inserting ‘‘; or’’; and that term is defined in section 3(p) of the the following: (C) by adding at the end the following: Small Business Act’’. ‘‘(3) HUBZONE PROGRAM.—There are au- (e) TITLE 31, UNITED STATES CODE.— ‘‘(4) qualified HUBZone small business con- thorized to be appropriated to the Adminis- (1) CONTRACTS FOR COLLECTION SERVICES.— cerns.’’; and tration to carry out the program under sec- Section 3718(b) of title 31, United States (2) in subsection (b), by adding at the end tion 31, $5,000,000 for fiscal year 1999.’’; and Code, is amended— the following: (3) in subsection (e), by adding at the end (A) in paragraph (1)(B), by inserting ‘‘and ‘‘(3) The term ‘qualified HUBZone small the following: law firms that are qualified HUBZone small business concern’ has the meaning given ‘‘(3) HUBZONE PROGRAM.—There are au- business concerns (as that term is defined in that term in section 3(p) of the Small Busi- thorized to be appropriated to the Adminis- section 3(p) of the Small Business Act)’’ after ness Act (15 U.S.C. 632(o)).’’. tration to carry out the program under sec- ‘‘disadvantaged individuals’’; and (h) TITLE 49, UNITED STATES CODE.— tion 31, $5,000,000 for fiscal year 2000.’’. (1) PROJECT GRANT APPLICATION APPROVAL (B) in paragraph (3)— MOTION OFFERED BY MR. TALENT CONDITIONED ON ASSURANCES ABOUT AIRPORT (i) in the first sentence, by inserting before Mr. TALENT. Mr. Speaker, I offer a the period ‘‘and law firms that are qualified OPERATION.—Section 47107(e) of title 49, Unit- ed States Code, is amended— motion. HUBZone small business concerns’’; The Clerk read as follows: (ii) in subparagraph (A), by striking ‘‘and’’ (A) in paragraph (1), by inserting before at the end; the period ‘‘or qualified HUBZone small busi- Mr. TALENT moves to strike out all after (iii) in subparagraph (B), by striking the ness concerns (as that term is defined in sec- the enacting clause of Senate 1139 and insert period at the end and inserting ‘‘; and’’; and tion 3(p) of the Small Business Act)’’; in lieu thereof the provisions of H.R. 2261, as (iv) by adding at the end the following: (B) in paragraph (4)(B), by inserting before passed by the House. ‘‘(C) the term ‘qualified HUBZone small the period ‘‘or as a qualified HUBZone small The motion was agreed to. business concern’ has the meaning given business concern (as that term is defined in The Senate bill was ordered to be that term in section 3(p) of the Small Busi- section 3(p) of the Small Business Act)’’; and read a third time, was read the third ness Act.’’. (C) in paragraph (6), by inserting ‘‘or a time, and passed. qualified HUBZone small business concern (2) PAYMENTS TO LOCAL GOVERNMENTS.— The title of the Senate bill was Section 6701(f) of title 31, United States (as that term is defined in section 3(p) of the Small Business Act)’’ after ‘‘disadvantaged amended so as to read: ‘‘a bill to reau- Code, is amended— thorize and amend the programs of the (A) in paragraph (1)— individual’’. (i) in subparagraph (A), by striking ‘‘and’’ (2) MINORITY AND DISADVANTAGED BUSINESS Small Business Act and the Small at the end; PARTICIPATION.—Section 47113 of title 49, Business Investment Act, and for other (ii) in subparagraph (B), by striking the pe- United States Code, is amended— purposes’’. riod at the end and inserting ‘‘; and’’; and (A) in subsection (a)— A motion to reconsider was laid on (iii) by adding at the end the following: (i) in paragraph (1), by striking the period the table. ‘‘(C) qualified HUBZone small business at the end and inserting a semicolon; A similar House bill (H.R. 2261) was (ii) in paragraph (2), by striking the period concerns.’’; and laid on the table. (B) in paragraph (3)— at the end and inserting ‘‘; and’’; and f (i) in subparagraph (A), by striking ‘‘and’’ (iii) by adding at the end the following: at the end; ‘‘(3) the term ‘qualified HUBZone small EXTENDING CERTAIN PROGRAMS (ii) in subparagraph (B), by striking the pe- business concern’ has the meaning given that term in section 3(p) of the Small Busi- UNDER THE ENERGY POLICY riod at the end and inserting ‘‘; and’’; and AND CONSERVATION ACT (iii) by adding at the end the following: ness Act (15 U.S.C. 632(o)).’’; and ‘‘(C) the term ‘qualified HUBZone small (B) in subsection (b), by inserting before The SPEAKER pro tempore. The business concern’ has the meaning given the period ‘‘or qualified HUBZone small busi- pending business is the question de that term in section 3(p) of the Small Busi- ness concerns’’. novo of suspending the rules and pass- ness Act (15 U.S.C. 632(o)).’’. SEC. 605. REGULATIONS. ing the bill, H.R. 2472. (3) REGULATIONS.—Section 7505(c) of title (a) IN GENERAL.—Not later than 180 days The Clerk read the title of the bill. 31, United States Code, is amended by strik- after the date of enactment of this Act, the The SPEAKER pro tempore. The Administrator of the Small Business Admin- ing ‘‘small business concerns and’’ and in- question is on the motion offered by serting ‘‘small business concerns, qualified istration shall publish in the Federal Reg- HUBZone small business concerns, and’’. ister such final regulations as may be nec- the gentleman from Idaho [Mr. CRAPO] (f) OFFICE OF FEDERAL PROCUREMENT POL- essary to carry out this title and the amend- that the House suspend the rules and ICY ACT.— ments made by this title. pass the bill, H.R. 2472. H8114 CONGRESSIONAL RECORD — HOUSE September 29, 1997 The question was taken. Meehan Radanovich Snyder mittee on Standards of Official Conduct: Mr. Meek Rahall Solomon Smith of Texas; Mr. Hefley of Colorado; Mr. RECORDED VOTE Menendez Ramstad Souder Goodlatte of Virginia; and Mr. Knollenberg Metcalf Redmond Spence Mr. DOGGETT. Mr. Speaker, I de- of Michigan. mand a recorded vote. Mica Regula Spratt Millender- Reyes Stabenow The SPEAKER pro tempore. Is there A recorded vote was ordered. McDonald Riggs Stark objection to the request of the gen- The SPEAKER pro tempore. This Miller (CA) Riley Stearns tleman from Texas? will be a 5-minute vote. Miller (FL) Rivers Stokes Minge Rodriguez Strickland There was no objection. The vote was taken by electronic de- Mink Roemer Stump The resolution was agreed to. vice, and there were—ayes 405, noes 8, Moakley Rogan Stupak A motion to reconsider was laid on not voting 20, as follows: Mollohan Rogers Talent Moran (KS) Ros-Lehtinen Tanner the table. [Roll No. 464] Moran (VA) Rothman Tauscher f AYES—405 Morella Roukema Tauzin Murtha Roybal-Allard Taylor (MS) ELECTION OF MEMBERS TO COM- Abercrombie Davis (FL) Horn Myrick Rush Taylor (NC) MITTEE ON STANDARDS OF OF- Ackerman Davis (IL) Houghton Nadler Ryun Thomas FICIAL CONDUCT Aderholt Davis (VA) Hoyer Nethercutt Sabo Thompson Allen Deal Hulshof Ney Salmon Thornberry Mr. FAZIO of California. Mr. Speak- Andrews DeFazio Hunter Northup Sanchez Thune er, I offer a resolution (H. Res. 250), and Archer DeGette Hutchinson Norwood Sanders Thurman Armey Delahunt Hyde Nussle Sandlin Tierney I ask unanimous consent for its imme- Bachus DeLauro Inglis Oberstar Sanford Torres diate consideration. Baesler DeLay Istook Obey Sawyer Towns The Clerk read the resolution, as fol- Baker Dellums Jackson (IL) Olver Saxton Traficant Baldacci Deutsch Jackson-Lee Ortiz Scarborough Turner lows: Ballenger Diaz-Balart (TX) Owens Schaefer, Dan Upton H. RES. 250 Barcia Dickey Jefferson Oxley Schaffer, Bob Velazquez Barr Dicks Jenkins Resolved, That the following named Mem- Packard Schumer Vento bers be, and that they are hereby, elected to Barrett (NE) Dingell John Pallone Scott Visclosky Barrett (WI) Dixon Johnson (CT) Pappas Sensenbrenner Walsh the following standing committee of the Bartlett Doggett Johnson (WI) Parker Serrano Wamp House of Representatives: Barton Dooley Johnson, E.B. Pascrell Sessions Waters Committee on Standards of Official Con- Bass Doyle Johnson, Sam Pastor Shadegg Watt (NC) duct: Mr. Sabo of Minnesota; Mr. Pastor of Bateman Dreier Jones Paxon Shaw Watts (OK) New Mexico; Mr. Fattah of Pennsylvania; Becerra Duncan Kanjorski Payne Shays Waxman and Ms. Lofgren of California. Bentsen Dunn Kaptur Pease Sherman Weldon (FL) Bereuter Edwards Kasich Pelosi Shimkus Weldon (PA) The SPEAKER pro tempore. Is there Berman Ehlers Kelly Peterson (MN) Shuster Weller objection to the request of the gen- Berry Ehrlich Kennedy (MA) Peterson (PA) Sisisky Wexler tleman from California? Bilbray Emerson Kennedy (RI) Petri Skaggs Weygand There was no objection. Bilirakis Engel Kennelly Pickering Skeen White Bishop English Kildee Pickett Skelton Whitfield The resolution was agreed to. Blagojevich Ensign Kilpatrick Pitts Slaughter Wicker A motion to reconsider was laid on Bliley Eshoo Kim Pombo Smith (MI) Wise the table. Blumenauer Etheridge Kind (WI) Pomeroy Smith (NJ) Wolf f Blunt Evans King (NY) Porter Smith (OR) Woolsey Boehlert Everett Kingston Portman Smith (TX) Wynn ANNOUNCEMENT OF INTENTION TO Boehner Ewing Kleczka Poshard Smith, Adam Yates Bonilla Farr Klink Price (NC) Smith, Linda Young (AK) OFFER MOTION TO INSTRUCT Bonior Fawell Klug Pryce (OH) Snowbarger CONFEREES ON H.R. 1757, FOR- Bono Fazio Knollenberg Borski Filner Kolbe NOES—8 EIGN RELATIONS AUTHORIZA- TION ACT, FISCAL YEARS 1998 Boswell Forbes Kucinich Doolittle Paul Sununu Boucher Ford LaFalce Hostettler Rohrabacher Tiahrt AND 1999, AND EUROPEAN SECU- Boyd Fowler LaHood Neumann Royce RITY ACT OF 1997 Brady Fox Lampson Brown (CA) Franks (NJ) Lantos NOT VOTING—20 Mr. DOGGETT. Mr. Speaker, pursu- Brown (FL) Frelinghuysen Largent Chenoweth Frank (MA) Quinn ant to clause 1(c) of rule XXVIII, I Brown (OH) Frost Latham Conyers Gephardt Rangel Bryant Furse LaTourette hereby give notice of my intention to Cooksey Gonzalez Schiff Bunning Gallegly Lazio offer a motion to instruct conferees on Fattah Harman Stenholm Burr Ganske Leach Flake Hefner Watkins the bill (H.R. 1757) to consolidate inter- Burton Gejdenson Levin Foglietta Hinchey Young (FL) national affairs agencies, to authorize Buyer Gekas Lewis (CA) Foley Neal Callahan Gibbons Lewis (GA) appropriations for the Department of Calvert Gilchrest Lewis (KY) b 1850 State and related agencies for fiscal Camp Gillmor Linder years 1998 and 1999, and to ensure that Campbell Gilman Lipinski Mr. RAMSTAD changed his vote Canady Goode Livingston the enlargement of the North Atlantic Cannon Goodlatte LoBiondo from ‘‘no’’ to ‘‘aye.’’ Treaty Organization [NATO] proceeds Capps Goodling Lofgren So (two-thirds having voted in favor in a manner consistent with United Cardin Gordon Lowey thereof) the rules were suspended and States interests, to strengthen rela- Carson Goss Lucas the bill was passed. Castle Graham Luther tions between the United States and Chabot Granger Maloney (CT) The result of the vote was announced Russia, to preserve the prerogatives of Chambliss Green Maloney (NY) as above recorded. the Congress with respect to certain Christensen Greenwood Manton A motion to reconsider was laid on Clay Gutierrez Manzullo arms control agreements, and for other Clayton Gutknecht Markey the table. purposes, and the form of the motion is Clement Hall (OH) Martinez f as follows: Clyburn Hall (TX) Mascara Mr. DOGGETT moves that the managers on Coble Hamilton Matsui ELECTION OF MEMBERS TO COM- Coburn Hansen McCarthy (MO) the part of the House at the conference on Collins Hastert McCarthy (NY) MITTEE ON STANDARDS OF OF- the disagreeing votes of the two Houses on Combest Hastings (FL) McCollum FICIAL CONDUCT the bill, H.R. 1757, be instructed to reject Condit Hastings (WA) McCrery section 1601 of the Senate amendment which Cook Hayworth McDade Mr. ARMEY. Mr. Speaker, I offer a resolution (H. Res. 249) and I ask unan- provides for payment of all private claims Costello Hefley McDermott against the Iraqi Government before those of Cox Herger McGovern imous consent for its immediate con- U.S. veterans and the U.S. Government (i.e., Coyne Hill McHale sideration. Cramer Hilleary McHugh U.S. taxpayers). Crane Hilliard McInnis The Clerk read the resolution, as fol- f Crapo Hinojosa McIntosh lows: Cubin Hobson McIntyre H. RES. 249 PERSONAL EXPLANATION Cummings Hoekstra McKeon Cunningham Holden McKinney Resolved, That the following named Mem- Mr. PALLONE. Mr. Speaker, on roll- Danner Hooley McNulty bers be, and are hereby, elected to the Com- call No. 460, the motion to adjourn, and September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8115 rollcall No. 461, the continuing resolu- b 1900 winner in 1969, the same year he tion, I was unable to be present be- pitched a club record of 20 complete SPECIAL ORDERS cause of the birth, and I am very games. Larry Dierker was named to happy, the birth of my daughter, Ce- The SPEAKER pro tempore. Under the National League All-Star team for leste Teresa. Had I been present, I the Speaker’s announced policy of Jan- the 1969 game that was played here at would have voted ‘‘yes’’ on both of uary 7, 1997, and under a previous order RFK Stadium in Washington, and also these rollcall votes. of the House, the following Members the 1971 contest in Tiger Stadium in The SPEAKER pro tempore. Con- will be recognized for 5 minutes each. Detroit. He still ranks among the gratulations to our new father. f club’s all-time leaders in virtually The SPEAKER pro tempore (Mr. every pitching category. f EWING). Under a previous order of the With a manager like Larry Dierker, House, the gentleman from North Caro- the Astros truly have a leader who not COMMUNICATION FROM THE HON- lina [Mr. JONES] is recognized for 5 only knows Houston, but also knows ORABLE JOHN D. DINGELL, MEM- minutes. the ins and outs of baseball. BER OF CONGRESS Mr. Speaker, we also have two major [Mr. JONES addressed the House. His The SPEAKER pro tempore laid be- stars on our team also affectionately remarks will appear hereafter in the called the Killer Bs. Jeff Bagwell, the fore the House the following commu- Extension of Remarks.] nication from the Honorable JOHN D. home run king for the Astros, hit a f DINGELL, Member of Congress: total of 43 home runs this season. Not CONGRESS OF THE UNITED STATES, CONGRATULATIONS TO THE only did he set a new club record, he HOUSE OF REPRESENTATIVES, HOUSTON ASTROS finished second in homers in the Na- Washington, DC, September 26, 1997. tional League. Bagwell also established Hon. NEWT GINGRICH, The SPEAKER pro tempore. Under a club records this year with 135 RBIs, Speaker, House of Representatives, previous order of the House, the gen- 335 total bases, and 84 extra base hits. Washington, DC. tleman from Texas [Mr. GREEN] is rec- Setting a new Astros single season club DEAR MR. SPEAKER: This is to formally no- ognized for 5 minutes. record for homers, Bagwell ranked sec- tify you, pursuant to Rule l (50) of the Rules Mr. GREEN. Mr. Speaker, normally of the House of Representatives, that the ond in the National League for the we stand up here and talk about a lot number of RBIs. ‘‘Office of Congressman John D. Dingell’’ has of the great issues we debate, and every received a subpoena for documents and testi- Then there is the other Killer B, mony issued by the U.S. District Court for once in a while we get to talk about Craig Biggio. He is the first player in the Central District of California and the something in our hometown. This the history of major league baseball to District of Columbia, respectively, in the evening I would like to talk about my play in 162 games without grounding matter of Oxycal Laboratories, Inc., et al. v. own district of Houston, Texas, where into a double play for the season. Patrick, et al., No. SA CV–96–1119 AHS (Eex) we are celebrating tonight and hope- Biggio broke a 1935 record held by (C.D. Cal.) (a civil dispute between private fully celebrating the rest of the week. Augie Galan from the Chicago Cubs parties that apparently arises out of an al- I see my colleague from Georgia over who went 154 games without grounding leged breach of a settlement agreement). there. I would like to congratulate the After consultation with the Office of Gen- into a double play. eral Counsel, I have determined that the sub- Houston Astros on their division title, Currently, Biggio crossed the plate poena appears, at least in part, not to be and more than that, wish them luck in 146 times this season, the most runs by consistent with the rights and privileges of their game tomorrow against the At- a national leaguer since Chuck Klein the House and, to the extent not consistent lanta Braves. stored 152 runs in 1932. Not only that, with the rights and privileges of the House, The Houston Astros captured their he has been hit by a pitch 34 times this should be resisted. first ever National League Central title season, establishing a new Astros Sincerely, last Thursday, thanks to a 9-to-1 win record, which is not a record, I have to JOHN D. DINGELL. over the Chicago Cubs, and it was their say, we are proud of, to have one of our f first division title since 1986. players hit 34 times. Overall, 100 Astros Since their All Star break, the were hit by pitches this year, the high- COMMUNICATION FROM THE HON- Astros were 39–32 and 42–35 over the est total by a team this century. The ORABLE JOHN D. DINGELL, MEM- last 77 games. The Astros have been in rest of the team will not back down BER OF CONGRESS first place in their division since July from any of the pitchers either. 18 of this year. In fact, the great pitching staff we The SPEAKER pro tempore laid be- Attendance at these games this year have is congratulations to Darryl Kile fore the House the following commu- topped the 2 million mark for only the and other outstanding pitchers. Kile is nication from the Honorable JOHN D. fourth time in our club history. currently up for the top pitching DINGELL, Member of Congress: Congratulations to both the owner, award, the Cy Young Award. He has CONGRESS OF THE UNITED STATES, Drayton McLane, and our manager, pitched 255–2/3 innings this season with HOUSE OF REPRESENTATIVES, Larry Dierker, Tal Smith, and all of a ranking of second in the National Washington, DC, September 26, 1997. the players and staff of the Houston Hon. NEWT GINGRICH, League. In addition, he has thrown 4 Speaker, House of Representatives, Astros administration. shutouts, tying for second in the Na- Washington, DC. Astros manager Larry Dierker joins tional League. DEAR MR. SPEAKER: This is to formally no- a short list of rookie skippers this year These key players, as well as the tify you, pursuant to Rule 1(50) of the Rules who have won a division title in their team, all contributed to their National of the House of Representatives, that I have first year. In fact, the last time a first- League Central division title last received a subpoena for documents issued by year manager was to achieve this feat Thursday, and being a Houston Astros the U.S. District Court for the Central Dis- was Hal Lanier, who led the Houston fan, along with thousands and thou- trict of California in the matter of Oxycal Astros to the 1986 division champion- Laboratories, Inc., et al., v. Patrick, et al., No sands of people in Houston, I want to SA CV–96–1119 AHS (Eex) (C.D. Cal.) (a civil ship. congratulate the Astros and wish them dispute between private parties that appar- No stranger to major league baseball, the best of luck in their playoff game ently arises out of an alleged breach of a set- Larry Dierker’s name has been associ- versus the Atlanta Braves tomorrow tlement agreement). ated with baseball in Houston almost and also the series over the next few After consultation with the Office of Gen- since the inception of the club in the days. eral Counsel, I have determined that the sub- early 1960s. He made his baseball major Mr. CHAMBLISS. Mr. Speaker, will poena appears, at least in part, not to be league debut in Colt Stadium on his the gentleman yield? consistent with the rights and privileges of 18th birthday and on that day he the House and, to the extent not consistent Mr. GREEN. I yield to the gentleman with the rights and privileges of the House, struck out both Willie Mays and Jim from Georgia, who is also a pretty good should be resisted. Hart in the first inning. basketball player in his own right. Sincerely, His 14-year pitching career saw him Mr. CHAMBLISS. Mr. Speaker, I JOHN D. DINGELL. become become Houston’s first 20-game thank the gentleman from Texas [Mr. H8116 CONGRESSIONAL RECORD — HOUSE September 29, 1997

GREEN], my partner on the basketball was ill and remained so for an extended Chapel became a station on the Under- court, and I would congratulate your period of time, and until 1962 when an- ground Railroad. Moreover, for 150 Houston Astros also. They have had a other judge was appointed, Judge years, during race riots, depressions, great year this year. We look forward Bootle handled all six divisions of the the great Chicago Fire of 1871, and a to them coming to Atlanta. I hope they Middle District of Georgia, which in- myriad of other natural disasters and are unhappy when they leave Atlanta, cluded 71 of Georgia’s 159 counties. human crises, African-Americans came but we sure look forward to a great se- Judge Bootle served this country to Quinn Chapel for protection, infor- ries. I think five of them have been well during the very emotional and mation, support, and inspiration, in one-run games, two of them have been precarious time of desegregation in the part because African-Americans were extra inning games. It is going to be a South. Judge Bootle was responsible denied attention from other private in- great series. We look forward to it. for the admittance of the first black stitutions. f students in the University of Georgia. Quinn Chapel was the birthplace of I would like to take this opportunity Provident Hospital of Chicago, orga- THE WILLIAM AUGUSTUS BOOTLE to quote from a book written by Fred- nized by Dr. Daniel Hale Williams in FEDERAL BUILDING AND UNITED erick Allen, which is entitled, ‘‘Atlanta 1891. Dr. Williams was the first surgeon STATES COURTHOUSE Rising.’’ This book deals with a lot of to successfully operate on a human The SPEAKER pro tempore. Under a history which took place in the At- heart, and Provident was the first U.S. previous order of the House, the gen- lanta area during the years of the civil hospital where black nurses could be tleman from Georgia [Mr. CHAMBLISS] rights movement. Two black applicants trained and employed. In addition, is recognized for 5 minutes. who were denied admittance to the black physicians could treat patients Mr. CHAMBLISS. Mr. Speaker, I University of Georgia filed suit in the and black patients could receive qual- would like to take this opportunity to Middle District of Georgia, and quoting ity care, where before black patients’ encourage my colleagues to support from this book, I read as follows: only option for surgery was the doctor’s office or their own home. In addi- H.R. 595, the William Augustus Bootle Two black applicants, Charlayne Hunter Federal Building and United States and Hamilton Holmes, went to the court at- tion, it was Quinn Chapel who initiated Courthouse naming bill. This is an tacking the welter of excuses University of in 1898 the first retirement home for issue of great importance to me as well Georgia officials had concocted to keep them African-Americans. as all the citizens of Georgia and in out. The two made a convincing case that The sons and daughters of Quinn particular, Macon, GA. the only reason they had been denied admis- Chapel have filled important leadership On February 5, 1997, I introduced this sion was segregation, pure and simple. In a roles in the AME church, including Ar- ruling issued late on the afternoon of Friday, legislation in the House of Representa- chibald Carey, Sr., B.A. Taylor, Archi- January 6, 1961, Judge William A. Bootle or- bald Carey, Jr., John M. Crawford, Jr., tives. H.R. 595 is similar to a bill intro- dered Hunter and Holmes admitted to the duced in the 104th Congress which was Mrs. Portia Bailey Beal, Rev. Charles school, not in six months or a year, but Spivey, Jr., and Mrs. Eloise King. Addi- titled H.R. 4119. H.R. 4119 passed in this bright and early the next Monday morning. tionally, the sons and daughters of House by voice vote, but unfortunately In the 1960’s in Georgia, folks, that Quinn Chapel have also made historic was submarined in the U.S. Senate, took great judicial integrity. contributions to public service, includ- along with a number of other naming Judge Bootle has dedicated himself ing State Senators Adelbert G. Rob- bills. to years of service as a humble steward erts, William A. Roberts, and State H.R. 595 passed in the Senate on June of justice, his community, the State of Representatives Cornell A. Davis, Sha- 12, 1997, and earlier today, this bill was Georgia, and the United States. Due to drach B. Turner, George Kersey, and debated in this body. I look forward to this level of commitment, all of these James Y. Carter, and Aldermen Robert its passage tomorrow so it can be sent societies are better places. Naming the R. Jackson, Rev. A.J. Carey, Jr., and to the White House for the President’s courthouse the William Augustus Pastor A. Leon Bailey. Also, the first signature. Bootle Federal Building and United executive director of the Illinois Com- The courthouse houses the U.S. Dis- States Courthouse is an appropriate mission on Human Relations. trict Court for the Middle District of way to ensure the judge’s efforts will More than 65 sons and daughters of Georgia, which covers much of the ter- always be remembered. Quinn Chapel have been specifically ritory of Georgia’s Eighth Congres- f singled out for their pioneering work in sional District, which I represent. education in Chicago, across the Na- Mr. Speaker, there is not a more de- TRIBUTE TO QUINN CHAPEL AME CHURCH tion, and around the world. Others serving individual to name this build- have excelled in self-help, and toward ing and courthouse for than Judge The SPEAKER pro tempore (Ms. that end have founded numerous busi- Bootle, and the current judges of the GRANGER). Under a previous order of nesses, including Mr. Kit Baldwin, the court wholeheartedly agree. Judge the House, the gentleman from Illinois founder of Baldwin Ice Cream Com., Bootle received his undergraduate and [Mr. DAVIS] is recognized for 5 minutes. and a cofounder of the Cosmopolitan juris doctorate degree from Mercer Mr. DAVIS of Illinois. Madam Speak- Chamber of Commerce. Many outstand- University in Macon, GA. He was ad- er, I rise today to commend and con- ing artists have performed at Quinn mitted to the bar of the State of Geor- gratulate the Quinn Chapel African Chapel or for Quinn Chapel, including gia in 1925. Methodist Episcopal Church on the oc- Duke Ellington, Patti LaBelle, and Judge Bootle honorably served the casion of their 150th year anniversary. Wynton Marsalis. U.S. District Court for the Middle Dis- One hundred fifty years ago, in 1847, Quinn Chapel has always dem- trict of Georgia for almost 25 years. the community and fellowship known onstrated a high level of involvement Upon his appointment by President Ei- as Quinn Chapel African Methodist with national affairs, from the aboli- senhower, Judge Bootle served as dis- Episcopal Church formally took its tion of slavery to every war, beginning trict judge from 1954 to 1961 began serv- name under the leadership of Rev. with the Civil War, Spanish-American ing as chief judge from 1961 to 1972. George Johnson, a missionary of the War, World War I, World War II, the Moreover, he served the middle district New York conference. Korean war, Vietnam conflicts, and as assistant U.S. attorney and as U.S. This group of churchgoers decided to continuing today. attorney from 1928 to 1933. Judge name their church in honor of, and Quinn Chapel has hosted many his- Bootle also served Georgia’s legal com- after the renowned Bishop William torical figures such as Presidents Wil- munity as dean of Mercer University Paul Quinn. Bishop Quinn was one of liam McKinley and Howard Taft, Dr. School of Law from 1933 to 1937. His the most prolific circuit-riding preach- Booker T. Washington, Ms. Jane distinguished service is admired, appre- ers in the 1800’s who personally orga- Adams, Paul Lawrence Dunbar, Rev. ciated, and recognized throughout the nized 97 AME churches, prayer bands, Dr. Martin Luther King, Jr., Congress- State of Georgia. and temperance societies. It is inter- man Adam Clayton Powell, Rev. Jesse Upon Judge Bootle’s appointment to esting to note that Quinn Chapel’s first Jackson, Sr., Prof. Michael E. Dyson, the bench as judge for the Middle Dis- community project focused on the abo- Frederick Douglass, Dr. George Wash- trict of Georgia in 1954, the chief judge lition of slavery, and ironically, Quinn ington Carver, Richard B. Garrison, September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8117 Susan B. Anthony, Branch Rickey, er $1 billion donation be legal under nance reform, and we are going to hear Studs Terkel, Irving ‘‘Kup’’ Kupcient, the Speaker’s definition of meaningful from at least one this evening on this Lionel Hampton, Senators Paul Doug- campaign finance reform? That is what issue. So I do not understand the moti- las, Charles Perry, and Adalai Ste- he said this weekend, and that is the vation, trying to block meaningful venson, Oprah Winfrey, Scottie Pippen, position that he is advocating. That is campaign finance reform from coming Patti LaBelle, Oscar Brown, Jr., Ossie contrary to the position of the Amer- to the floor of the House. Davis, Ruby Dee, Mayor Willie Brown, ican people. Mr. MILLER of California. Madam Jr., and of course Chicago’s magnifi- Madam Speaker, this weekend I was Speaker, will the gentleman yield? cent mayor, Harold Washington. in Arkansas and the President was Mr. SNYDER. I am glad to yield to there. He has had a good week. It has the gentleman from California. b 1915 been a great week for Arkansas, talk- Mr. MILLER of California. I thank Quinn Chapel has been pastored by a ing about the Rock 9. But the Presi- the gentleman for yielding to me. succession of extraordinarily devoted, dent has confirmed his support for I think the picture reminds me that talented, dedicated, and unique indi- campaign finance reform. It was inter- most of us in politics are well aware viduals who have left their imprint on esting to me that in Arkansas in 1990 that the basic currency of politics is the church and the community. Those when the legislature thwarted the ef- your word. You give your word to your dynamic pastors have come all the way fort to have some meaningful cam- constituents. You give your word to from Archibald Carey to Thomas M. paign finance reform, President, then your colleague. You give your word to Higginbotham, who is currently there. Governor Clinton, called a special ses- the voters. These individuals have contributed sig- sion. When that was unsuccessful he The Speaker here and the President nificantly to the development of Afri- led the effort to get an initiated act gave their word that they would pursue can-American life. with signatures on the ballot that is campaign finance reform. Yet, the I salute and commend them on the now the current law of Arkansas. Speaker refuses to test a date for cam- occasion of their 150th year celebra- The President is committed, the paign finance reform, to make it part tion, and I urge that we all take note American people are committed. It is of the agenda for the House of Rep- of their mammoth contributions to the the Republican leadership in this resentatives, and we are getting very development of African-American life. House that needs to let this body bring close to the end of this session. The f the issue of campaign finance reform, word, the promise that he made over 2 years ago, should be kept with the The SPEAKER pro tempore (Ms. meaningful campaign finance reform, to the American people. American people. It should be kept GRANGER). Under a previous order of Mr. TIERNEY. Madam Speaker, will with the Members of this House. the House, the gentleman from Georgia the gentleman yield? That is what our efforts have been (Mr. KINGSTON) is recognized for 5 min- Mr. SNYDER. I am glad to yield to trying to do, is to make sure that in utes. the gentleman from Massachusetts. fact campaign finance reform, and I ap- [Mr. KINGSTON. addressed the Mr. TIERNEY. Madam Speaker, just preciate the gentleman’s involvement House. His remarks will appear herein line with what the gentleman is say- in helping us, becomes a fact; that we after in the Extensions of Remarks.] ing, I note that what the Speaker is get a chance to debate it in a full and f talking about in terms of unlimited open and fair manner, and to live up to campaign contributions is, in essence, TIME FOR MEANINGFUL the promise that the gentleman re- as one editorial says, trying to paste CAMPAIGN FINANCE REFORM minds us the Speaker made over 2 on the label of reform without the con- years ago. The SPEAKER pro tempore. Under a tent. I thank the gentleman for taking the previous order of the House, the gen- I think that finally the majority well on behalf of campaign finance re- tleman from Arkansas (Mr. SNYDER) is party and the Speaker in particular are form. recognized for 5 minutes. starting to hear the voices of America Mr. SNYDER. Madam Speaker, I Mr. SNYDER. Madam Speaker, once coming forward and saying they will thank the gentleman very much. again, I want to thank the staff for not tolerate inaction on campaign fi- I now yield to the other gentleman being here this evening to let us talk nance reform, and clearly, that major- from California, who has been a leader about the issues of campaign finance ity party, led by its Speaker, do not on campaign finance reform for several reform. want to have any real meaningful cam- years. Madam Speaker, we call these special paign finance reform, so they are doing Mr. FARR of California. Madam orders. The reason we have to talk just that, trying to paste on the label Speaker, I thank the gentleman very about these during this time of special of reform without the content by say- much for yielding. orders is because the Republican leading that they want to reform it by lift- I would like to point out that that ership will not let the matter of cam- ing all the rules, and have people have handshake is reflective of something paign finance reform be brought to the unlimited individual contributions, that Congress has been able to do. We floor of the House for a meaningful dis- and then in the next step, they go on to have been able to pass campaign re- cussion. It is something that I do not ban so-called soft money. form. In 1976 was the first effort to try understand and want to talk about Madam Speaker, soft money was to set the limits that are now in law, more, but I appreciate the staff being there just to beat the limits. So if we much of the law in this country. here. remove the limits on contributions, we f Madam Speaker, on June 11, 1995, do not need the soft money. In effect, this was the famous photo between the we just open it right up and you can URGING CONSERVATIVE COL- President and the Speaker of the buy any vote you want. It is just un- LEAGUES TO SUPPORT MEAN- House, I believe it was in New Hamp- limited money coming in and basically, INGFUL CAMPAIGN FINANCE RE- shire, in which they shook hands and again, trying to disarm one party, leav- FORM committed themselves to working on ing a party that traditionally gets The SPEAKER pro tempore. Under a campaign finance reform. This week- enormous amounts of money from very previous order of the House, the gen- end I was shocked to hear the Speaker wealthy interests to have their day. tleman from Arkansas [Mr. HUTCHIN- once again reiterate what he thinks Editorials have already started to see SON] is recognized for 5 minutes. campaign finance reform is, which is through this ploy. I think the Amer- Mr. HUTCHINSON. Madam Speaker, unlimited donations, that is right, ab- ican people have seen through it long I rise to urge support of my colleagues solutely no cap whatsoever on the abil- before. for campaign finance reform. I want to ity of an individual to give money to a Mr. SNYDER. If I might reclaim my recognize the remarks made by my campaign. time for a moment, what is discourag- friend, the gentleman from Arkansas Would $1,000 be good? Yes. Would ing about the Speaker’s position is [Mr. SNYDER], who is a cosponsor of the $10,000 be good? Yes. Would $20,000 be a that there are Republicans who are ad- Freshman Bipartisan Campaign Integ- legal donation? Yes. Would a Ted Turn- vocating for meaningful campaign fi- rity Act, which we are trying to move H8118 CONGRESSIONAL RECORD — HOUSE September 29, 1997 forward in this body. I want to particu- reform now, the call for public funding and I will say secondly that I agree larly make reference to it for a few mo- of our campaigns will grow and grow. with comments that many of our Re- ments today to urge my colleagues, We do not need the Government in- publican colleagues have made on this and particularly my conservative col- volved. We need to stop the abuse with floor recently concerning the need to leagues, to consider campaign finance campaign finance reform now. enforce existing campaign finance reform. Finally, a strong defense, if we can laws. I do not believe that campaign fi- stop the foreign influence, and it will I read with alarm the reports in the nance reform particularly is of any ide- be reduced if we can eliminate the New York Times and otherwise about ological persuasion, but I think the loophole of soft money. three campaign aides to the Teamster conservatives have been more reluc- For all of these reasons, the bill, the chief making guilty pleas about illegal tant, for various reasons, to join the ef- Bipartisan Campaign Integrity Act, is money and reelection of the Teamsters fort to reform our campaign finance solid. It is based upon conservative tied to a scheme including Democrats. system. I think they can join the ef- principles. It will stop the abuses, and There are already three people that fort. when I talk across this country, people have pled guilty. I want to see that First of all, I am a conservative. I am of all ideological persuasions under- fully and thoroughly investigated, very much in support of, as a former stand the need for honest, legitimate fully and thoroughly prosecuted, along State party chairman, reforming our reform. with any other violation by anyone on campaign system. If we look at the That is why I urge my colleagues to either side of the political aisle, the po- campaign finance reform ideas out on support this. Whether they call them- litical philosophy, of our existing laws. the table, we first have to acknowledge selves a liberal, whether they call that there are some bad ideas out themselves a conservative, or whether The problem that brings us here to- there. There are some ideas that I they call themselves a moderate, this night, because we are not an enforce- would not support, but then there are is reform that the American public de- ment body of existing laws, is not some other ideas for reform that are mands across the aisle. Our bill is con- those existing laws and such violations consistent with conservative prin- sistent with conservative principles. I as may or may not have occurred. To ciples. urge my colleagues to support it. me the problem is that what is legal is I would not support, for instance, f not right. public funding of primaries. I would What is legal under existing cam- not support mandatory spending lim- CAMPAIGN FINANCE REFORM paign finance laws is the ability of spe- its. But I do support reforms that stop The SPEAKER pro tempore. Under a cial interests to pour in millions and the abuses of soft money, and I think previous order of the House, the gen- millions of dollars that influences what that is what we need to address. tleman from Texas [Mr. DOGGETT] is happens in this Congress every day and I have sponsored, along with the gen- recognized for 5 minutes. every evening. What is legal is not tleman from Maine, Mr. TOM ALLEN, Mr. DOGGETT. Madam Speaker, let right, by the view of the American peo- across the aisle, the Bipartisan Cam- me begin by commending our col- ple, who watch their Congress coming paign Integrity Act of 1997. It is a good league, the gentleman from Arkansas increasingly under the control of spe- bill that bans soft money, that in- [Mr. HUTCHINSON], for the remarks that cial interests who can afford to dump creases disclosure to the American he just made. I think that he made more and more money, soft money, to public of what is being spent. In addi- some very good points about the need soften up the political process. tion, it helps the parties in reference to for us to address this whole issue of What I find indeed amazing were the raising hard money, the honest money. soft money, and I fully support the ini- comments this weekend of colleagues, tiative that he and our colleague, the It empowers individuals and slows both Speaker GINGRICH here in the down the influence of special interest gentleman from Maine, Mr. TOM House and various Members of the groups. So it is a good bill and it is ALLEN, and other freshmen Members, other body, saying that they had a so- based upon conservative principles. against considerable resistance, have lution to the problem of campaign fi- In addition to the gentleman from maintained in offering the Bipartisan nance reform. What is their solution? Campaign Integrity Act. Maine, Mr. TOM ALLEN, and myself They do not think we have enough Madam Speaker, indeed, I was the sponsoring this, we have numerous money in the system. They think that Member who stood here on the floor other Members. In fact, we have one of all of the existing reforms in terms of last Friday and asked Speaker GING- the leading bills for cosponsorship from campaign finance limitation, they RICH personally when he was in the both sides of the aisle. That is why it is want to have campaign finance reform of a bipartisan nature. When I look at Chair to grant us consent to take up and consider that bill last week. It by repealing the existing laws and by conservative principles I think of the allowing anyone to pay whatever it free market system, I think of individ- seemed to me appropriate that we should be considering campaign fi- costs to buy whatever it is they need in ual liberty, I think of smaller govern- the political process. ment, and I think of a strong defense. nance reform on the same day that our This bill really helps us to move in all colleagues across the hall in the United I do not believe that people who have of those things. States Senate were considering that studied our system, the ordinary per- When we look at a free market, we issue last Friday, but instead, we were son who is out there working, trying to have a free market system because we denied that opportunity. make ends meet, that they begin to be- are able to control monopolies, and say It seems to me that the kind of bipar- lieve the nonsense of those who per- monopolies cannot work because they tisanship that the gentleman from Ar- haps have spent too much time focused infringe upon the free market system. kansas has just demonstrated in work- on how to raise the money for the next Yet, we look at the free market system ing, both Democrats and Republicans campaign instead of how to make ends of ideas and they are being infringed together, to address this issue is the meet out in the real world; that anyone upon by the international corporations very kind of bipartisanship that has ex- out there with good sense, looking at that have such an undue influence on isted in the Senate, with the leadership this system, thinks that we can make our political system. of Senator MCCAIN joining with Sen- it better if we allow the big boys to So this bill levels the playing field, ator FEINGOLD to propose realistic pour in even more money than they are creates really a free market out there, ways in which we can address this funneling into the system already; empowers individuals. It encourages in- problem of the money chase that af- money that distorts the legislative pri- dividual liberty by empowering indi- fects people of all political philosophies orities, that results in a tobacco com- viduals. It emphasizes those people who in both parties, devoting in many cases pany being able to come in here and work at the grass roots rather than more time to finding the funds to give more soft money to the Repub- those people who simply try to gen- maintain themselves in office or to lican Party than any other special in- erate gross profits. That empowers in- achieve office than to attend to the terest in the first 6 months of this dividuals. public’s business. year, and then come along in month 7 Why does it encourage smaller gov- So I would say, first, I come tonight and they get a $50 billion tax break ernment? Because if we do not act for to agree with my Republican colleague, tucked into page 300-and something of September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8119 the balanced budget bill; to have an- er, in California, in fact in Los Angeles never ruled on the right of illegal alien other contributor who was an individ- County alone, there are over 250,000 cit- children to get automatic citizenship. ual family contributor who contributed izen children of illegal aliens who qual- I think it is the obligation of Con- about $1 million in the spring of this ify for such benefits as Medicare, gress, under the fifth section of the year, and then come along in month 7, AFDC, WIC, SSI. And, de facto, their 14th amendment, to raise this issue, and they got a pretty good tax break parents get that money rewarded to bring it forth, and let the chips fall buried in that balanced budget bill, them for breaking the law and having a where they might. Why are people so also. child here. We are talking about two- scared of fairness? Why are they so thirds of the births in the largest popu- scared of taking care of this? b 1930 lated county in the United States, Los Madam Speaker, I close with the fact That is the way this system has Angeles County, and those public hos- that we have 51 bipartisan cosponsors. worked, and that is what is wrong with pitals, are children of illegal aliens. We A hearing was held on June 25. We are the system. Too much time is focused are talking about a cost in California looking forward to the gentleman from on fund-raising and not enough time on alone to the State of California of over Texas [Mr. SMITH] chairman of the good public policy. We can change that $500 million annually in providing Subcommittee on Immigration and by bringing campaign finance system health care services to the children of Claims, setting a date in October. I en- reform to this floor for full and open illegal aliens. courage everyone to join with us, call debate. Now, some people may say that 40 your Congressman, let us address this f percent of all births paid by Medicare issue fairly and up front. The SPEAKER pro tempore (Ms. in California going to illegal aliens is f not that big a deal because it is Cali- GRANGER). Under a previous order of DEMOCRAT RECORD ON CAMPAIGN fornia. But, Madam Speaker, all of the the House, the gentleman from Georgia FINANCE REFORM [Mr. NORWOOD] is recognized for 5 min- United States pays for this and all the utes. people of the United States bear the re- The SPEAKER pro tempore. Under a [Mr. NORWOOD addressed the House. sponsibility of sending the wrong mes- previous order of the House, the gen- His remarks will appear hereafter in sage, and that is, we will reward people tleman from California [Mr. FARR] is the Extensions of Remarks.] for breaking our laws and punish those recognized for 5 minutes. Mr. FARR of California. Madam f who wait patiently. This loophole needs to be closed. It is Speaker, I rise to continue the discus- The SPEAKER pro tempore. Under a not the responsibility of an illegal sion on campaign finance reform. As previous order of the House, the gen- alien to close this loophole. It is not you have heard earlier, there is a big tleman from New Jersey [Mr. PALLONE] their fault that Washington has invited effort here in the House to come up is recognized for 5 minutes. people in to get paid for breaking the with a meaningful package. [Mr. PALLONE addressed the House. law. The fact is, this loophole falls on I would like to remind everyone that His remarks will appear hereafter in our shoulders. It is not the mother of this is not the first time that we have the Extensions of Remarks.] illegal aliens that should be blamed. It debated this issue. In fact, in the last f is Washington and our lack of commit- Congress, in the 104th, which is the Congress that was elected in 1994, a bill CITIZENSHIP REFORM ACT OF 1997 ment to fairness and common sense. In Texas alone, there were fraudulent came to the floor, a bill that I authored The SPEAKER pro tempore. Under a birth certificates sold to foreigners just so I am very familiar with it, that was previous order of the House, the gen- so they can gain access to these public a repetition of the bills that had been tleman from California [Mr. BILBRAY] benefits. In fact, in one county in here before that had been passed out of is recognized for 5 minutes. Texas, over 3,800 phony birth certifi- this House when Democrats were in Mr. BILBRAY. Madam Speaker, let cates were sold to the mothers so their control. And I think that the approach me first say, as one of the original co- children could get this automatic citi- that we need to be reminded of, in this sponsors of the bipartisan campaign fi- zenship. Eighty-nine people today are era when everybody wants some cam- nance legislation, I would ask those of being indicted, and over $400,000 worth paign reform, they will take the cream us on both sides of the aisle who truly of welfare fraud has been identified. off the top and try to do something im- want to see this body finally address Now, granting automatic citizenship mediately, trying to do an easy fix. We that issue to go to our colleagues and to the illegal aliens in this country is do not even seem to be able to do the ask them to quit the dilatory proce- one of those terrible bait and switches easy fix. dures in asking for adjournment after that we say, come on in, break our We were shown the now historical adjournment so we can get through the laws, and we will reward you. We are handshake where the President and the budgetary process, not have to have a talking fairness here, because there are Speaker of this House agreed that it CR, not have to be threatened with the thousands of would-be immigrants who would be campaign finance reform done close-down of the Government. And are waiting patiently to immigrate in the last session. It has not been then we can address the issue that we into this country who do not get these done. It was supposed to be done in this all want to take a look at, especially benefits because their children were session. We have not even had a com- those of us who cosponsored the bipar- born while they were waiting. mittee hearing or a scheduled vote. tisan campaign finance reform. The other issue is, what is really the I want to remind people that the bill That set aside, I am here to specifi- difference between an illegal immi- that has always gotten the most votes cally address an issue of fairness and grant who comes in with a child who is in this House, and that in the 103d and an issue of common sense. It is the bill 1 year old in their arms? Do they not the 102d and the 101st sessions of Con- that is called H.R. 7. It is the Citizen- have as much need for service as some- gress got off of the floor of this House ship Reform Act of 1997. It amends the body who came across and gave birth only to be filibustered by Republicans Naturalization Act to stop giving auto- right after getting on U.S. soil? It is in the Senate or vetoed by President matic citizenship to the children of il- totally absurd, and we have got to talk Bush, was a campaign finance reform legal aliens and tourists. It is basically about the fairness. bill that was comprehensive that did there because those of us who have Madam Speaker, there are those who set campaign spending limits. worked in local government and had to will say that it is unconstitutional not My colleagues, we are not going to address this issue in local communities to give everyone on U.S. soil automatic have a meaningful campaign reform realize that it is a much bigger issue U.S. citizenship. I remind you, the chil- bill until we can limit how much can- than what most people say. dren of diplomats do not get automatic didates can do. We know from case law I served as a county supervisor in a citizenship and the children of certain and the Supreme Court decision that county in California. We came to the tribes did not get automatic citizen- we cannot, as a Congress, limit free conclusion that Washington has to quit ship until 1924. The 14th amendment speech, but we also know that we can giving incentives to people to break has never been clarified by the Su- set up a process where one can volun- our immigration laws. Madam Speak- preme Court. The Supreme Court has teer to set the limits for themselves in H8120 CONGRESSIONAL RECORD — HOUSE September 29, 1997 a campaign, and, with that volunteer- taken, the fact that there is no effort Second, the Civil Service System ing, you trigger in such things as in this legislative body, the only body that we have now really does nothing spending limits, as new PAC limits, as that can change the law. We are having for good, dedicated employees but it new individual contribution limits, as hearings here where people want to serves as a protection for lazy, incom- public benefits that have never been hear and smear or just listen and say, petent, rude, or abusive employees. given before for those who voluntarily we will finish with that and come up There is really very little that can be limit their campaign spending. with something. This House has been done to a Federal employee no matter It eliminates things like bundling doing campaign finance reform when what he or she does or does not do, and, provisions, it eliminates the soft the Democrats were in control year unfortunately, far too many take ad- money provisions, and it requires for after year after year. Why can we not vantage of this. Federal employees independent expenditures for those or- do it now? cannot be held accountable for their ganizations outside of this system, out- Mr. MILLER of California. Because misdeeds or wrongdoing, and thus side of a candidate’s campaign, who are the Speaker is determined that it will nothing is done for huge mistakes that going to come in and comment on the not be on the schedule, that it will not would cause quick termination in the campaign, who are going to run lit- be on the agenda of this House. That is private sector. About the only real vio- erature that says this candidate is a what we are trying to change with lations that are acted on in the Federal good or bad candidate, it requires them many of these procedural votes, to call bureaucracy today are violations of po- to disclose who they are and where the attention to the public that we are litical correctness. their sources of funding are coming being gagged in the House of Rep- Thus, the IRS makes a megabillion- from. This is comprehensive campaign resentatives from talking about this dollar foulup on its computer system, reform. problem. but what happens? We give it a $548 What you have heard so far are bits Mr. FARR of California. Continue the million raise and no heads roll, as they and pieces of that. The bipartisan effort. should. Also, we sit around and see the freshman bill, it is a good bill. It is a f IRS used as never before to get back at step in the right direction that deals enemies, so 12 conservative think THE IRS with independent expenditure; other tanks are being audited while no lib- bills that deal with elimination of soft The SPEAKER pro tempore. Under a eral ones are and Paula Jones gets au- money; other bills that deal with pub- previous order of the House, the gen- dited and the IRS goes merrily on its lic benefits. But none of the bills are tleman from Tennessee [Mr. DUNCAN] is way. Third, the Tax Code is far too com- comprehensive, that go all the way recognized for 5 minutes. plicated and confusing. Many of the an- throughout the spectrum from cam- Mr. DUNCAN. Madam Speaker, the swers the IRS itself gives out are paign spending limits to overhaul of Nation has been outraged by the disclo- wrong. Honest people make honest mis- the benefits that candidates should get. sures of IRS abuses of power expressed takes on their returns and then are Mr. MILLER of California. Madam in last week’s hearings in the other pursued like criminals by the IRS and Speaker, will the gentleman yield? body. Yet very few people have really zealous prosecutors trying to make Mr. FARR of California. I yield to been shocked because almost everyone names for themselves. the gentleman from California. either has been mistreated by the IRS We need to drastically simplify our Mr. MILLER of California. Madam or has a close friend or relative who Tax Code. We need a very simple flat Speaker, I thank the gentleman for has been. tax or a national sales tax. Much about making this point. Leaders of both parties have prom- the flat tax appeals to me, but a na- Many have tried to say that somehow ised some type of legislation, possibly tional sales tax has one big advantage those of us who are asking that the even before we break this year. But in that it would enable us to do away House debate and pass campaign fi- IRS browbeating of citizens is so bad with almost all of the IRS. I voted for nance reform are somehow doing it to that we need more than some quick fix, the most recent tax cut, the first since change the subject because the Presi- cosmetic type change. We need to 1981. Yet one major disappointment for change the entire system. dent and the administration have their me was that it made our Tax Code even The IRS’ ability to mistreat people own problems with how the money was more complicated. raised and given to them in the last comes primarily from three sources: election. First, a Tax Code so complicated and b 1945 As the gentleman points out, when confusing that no one understands it I hope people all over this Nation will the Democrats were in control of this and not even the IRS itself; second, a call or write Members of Congress and House, in three successive efforts they Civil Service system that protects Fed- demand that we drastically simplify made to pass and did, in fact, pass cam- eral employees so much that they can our Tax Code. I hope they will also tell paign finance reform, it was vetoed by get away with almost anything; and, their Members of the House and Senate the President, it was filibustered in the third, the fact that the Congress keeps to stop giving the IRS huge increases Senate. giving the IRS huge increases in fund- in funding. I hope they will tell their The fact of the matter is, knowing ing. Representatives that we need to make even then that this was a system that Let me speak briefly to those points major reforms of our civil service sys- was headed into a meltdown, we tried in reverse order. First, it is almost un- tem so that IRS and other Federal em- to take some efforts to get comprehen- believable, because almost everyone ployees cannot get away with rude, ar- sive finance reforms and they were knows how bad the IRS is, how abusive rogant, abusive behavior any longer. thwarted by the other party. But now it is, yet we are rewarding them with a And I hope we will finally start cut- it is even worse. $548 million increase in funding. This is ting Federal spending. We have had We just heard Members from the in the Treasury-Postal appropriations much false publicity about cuts, but other side say that they want to make bill, and the conference report on that Federal spending is still going way up this effort, and we had a press con- bill is scheduled later this week. every year. This is why Federal, State, ference, a bipartisan press conference, I voted against this bill the first and local taxes combined, plus regu- supporting bipartisan legislation. We time, primarily because of the IRS in- latory costs, now take half of the aver- cannot even debate that legislation on crease and because it also contained a age person’s income. the floor of the House, the so-called congressional pay raise. I hope we will Big government breeds the types of people’s House, because the Republican vote the bill down this week, if we can abuses we are now hearing about by the leadership will not let us. Yet we have get enough Members to request a vote. IRS and many other Federal depart- numerous Members from the other side This IRS increase is almost three times ments and agencies. The only long- of the aisle who have worked many the rate of inflation and is totally un- lasting solution is to bring our govern- years on this problem. They cannot justified, especially for an agency that ment back home, closer to the people, even be heard. just squandered billions, billions on a and let the private sector and local Mr. FARR of California. Madam computer system that it admits will governments solve most of our prob- Speaker, I think the point is so well not work in the real world. lems once again. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8121 In short, Madam Speaker, we need a that has to be made, legislatively cumstances by creating a system with government of, by and for the people speaking, right here in the House and an unfair burden of proof with a run- instead of one that is of, by and for the as well in the Senate. away agency because of the culture bureaucrats. Beyond making the burden-of-proof that was created years ago. f change, we should see a change, I be- Those fundamental changes must be lieve, in the culture of how the inves- made. We can downsize and we can COMMUNICATION FROM THE tigations are conducted. We have heard make sure that we are delivering to the CHAIRMAN OF THE COMMITTEE case upon case last week in the Senate people the kind of government they ON COMMERCE Committee on Finance and I, in my want and the kind of protection they The SPEAKER pro tempore laid be- district in Montgomery County, Penn- want. And so I thank my colleagues for fore the House the following commu- sylvania, have seen where regular busi- their support in this new legislation. nication from the Hon. TOM BLILEY, ness people, individuals and families The SPEAKER pro tempore. Under a Chairman of the Committee on Com- have been terribly hurt by investiga- previous order of the House, the gen- merce: tions without probable cause, where we tleman from Washington [Mr. HOUSE OF REPRESENTATIVES, have bank accounts seized, businesses METCALF] is recognized for 5 minutes. COMMITTEE ON COMMERCE, closed, individuals’ lives turned upside [Mr. METCALF addressed the House. Washington, DC, September 26, 1997. down because there may have been a His remarks will appear hereafter in Hon. NEWT GINGRICH, belief, without evidence, that some- the Extension of Remarks.] Speaker, House of Representatives, thing was wrong. f The Capitol, Washington, DC. The fact is in many cases the IRS has DEAR MR. SPEAKER: This is to formally no- IRS, MEDICARE, AND SOCIAL tify you, pursuant to Rule L (50) of the Rules overstepped its bounds. There have of the House of Representatives, that the been quotas for having cases brought, SECURITY Committee on Commerce has received sub- for convictions being made, and when The SPEAKER pro tempore. Under poenas for documents and testimony issued in fact this has been turned over. We the Speaker’s announced policy of Jan- by the U.S. District Courts for the Central need to make sure the IRS is changed uary 7, 1997, the gentleman from Wis- District of California and the District of Co- so that when there is an investigation consin [Mr. NEUMANN] is recognized for lumbia, respectively, in the matter of Oxycal conducted it is with probable cause, 60 minutes as the designee of the ma- Laboratories, Inc., et al. v. Patrick, et al., No SA CV–96–1119 AHS (EEx) (C.D. Cal.) and we will not have bank accounts jority leader. (civil dispute between private parties that seized, we will not have businesses Mr. NEUMANN. Madam Speaker, I apparently arises out of an alleged breach of closed and we will not have lives have been sitting in the Chamber lis- a settlement agreement). turned upside down. tening to the 5-minute speeches that After consultation with the Office of Gen- We need to make sure we provide have been going on, so I want to start eral Counsel, I have determined that the sub- those kinds of safeguards that already tonight by proposing some new legisla- poenas appear, at least in part, not to be exist in the private sector. If someone tion as it relates to campaign finance consistent with the rights and privileges of wants to bring an action in a civil reform. the House and, to the extent not consistent court, they have to have probable with the rights and privileges of the House, And here is what our legislation will should be resisted. cause. And if a person brings injury do. We will make it illegal to make Sincerely, against someone else, they have to pay fund-raising phone calls from offices TOM BLILEY, just compensation. The United States that are paid for by the taxpayers of Chairman. should have the same burden so that this great Nation, so in the future it f the taxpayers are protected. will be illegal to make phone calls That is why I am sponsoring and co- from offices that are paid for with tax ELIMINATE THE IRS AS IT IS NOW sponsoring legislation in this Congress dollars. KNOWN to make the changes on the burden of We will make it so that the Lincoln The SPEAKER pro tempore. Under a proof, on changing the IRS, and on bedroom, a very important part of our previous order of the House, the gen- having a date certain by which we do heritage in this great Nation, is no tleman from Pennsylvania [Mr. FOX] is that. By the year 2000 we will have a longer for sale for purposes of raising recognized for 5 minutes. replacement agency which will oversee, money for any political sort, whether Mr. FOX of Pennsylvania. Madam hopefully, a new IRS and as well a new it be Republican, Democrat or other- Speaker, I rise tonight to speak on a code. wise. very important topic, and that is to The current code, with all the words And the third thing our campaign fi- eliminate the IRS as we know it, and I and all the exclusions and all the ex- nance reform bill will do is it will have to thank my friend, the gen- emptions seem to favor only a few make it illegal for foreigners to con- tleman from Tennessee [Mr. DUNCAN], while taking money from the many. We tribute to, that is, buy, election influ- who has outlined well the case for why want to see the possibility of flat tax, ence in the United States of America. we in Congress, the House and the Sen- one that would have exemptions, of Those are the three points of our ate, working together with the execu- course, for mortgage deduction, for campaign finance reform bill that I tive branch, must make these fun- State and local taxes that are col- would hope to introduce. damental changes. lected, as well for charitable deduc- The gentleman from Pennsylvania is We have a Tax Code that is over 5 tions. nodding his head, and I would yield to million words, an agency that has Those kinds of reasonable changes him for a comment. 113,000 agents, and there are really two will be the kinds of changes that the Mr. FOX of Pennsylvania. Well, issues here. The two issues are these: American people can embrace. And Madam Speaker, I thank the gen- First, we need to have IRS change, and Congress has to lead the way in re- tleman and would just tell him that then we need to make sure that in fact sponse to the abuses that have been this is a takeoff of legislation I started the code itself changes and we have a outlined not only in the Senate Com- about 8 months ago on the Lincoln bed- new system. mittee on Finance, Madam Speaker, room. But I think the gentleman’s leg- The IRS has to change because we but as well in the Committee on Ways islation is a little more comprehensive, have the abuses caused by the kind of and Means with the oversight hearings and I, frankly, would like to cosponsor burden of proof that is required. Right that are being conducted. the gentleman’s bill and make sure we now in the United States the Commis- I am hoping colleagues on both sides carry the message forward. sioner of the IRS is presumed to be cor- of the aisle will join together to make I think when the public and our col- rect and the taxpayers are presumed to those changes, because I know there leagues hear about this particular be guilty. In no other part of Anglo- are people in every State that have had abuse or that abuse, I think a com- American law is anyone presumed these abuses. They must end. And prehensive bill that would embrace all guilty before evidence is presented. It while most of the IRS are doing a good of the changes would get the attention, seems to me that that is a very fun- job and care about what they have as a I believe, not only of the public but as damental, logical, reasonable change career, we have set up the cir- well the Speaker and the leadership. So H8122 CONGRESSIONAL RECORD — HOUSE September 29, 1997 I would like to work with the gen- now as a preventive measure that in invested in their work, from the time tleman on that legislation so we can the long term will help our seniors live they were working for Medicare. We have both sides of the aisle embrace it a healthier and better life. And I think won on that. and have it pass in this session. it is a big move forward as we look at And there was also to be an increase Mr. NEUMANN. I would tell the gen- Medicare. in the co-pay, the Part B for home tleman from Pennsylvania that two- It is also important to point out that health care. We fought that back. So thirds of this is already illegal in the as Medicare was restored, it was done we were able to make sure not only United States of America. Unfortu- without raising taxes on the American were the prevention programs the gen- nately, we have these laws on the people. It was done by providing our tleman worked on, to make sure they books already and they are not being seniors something they never had be- were a part of the Medicare package, enforced. fore. Before the legislation that has but also we were able to maintain the So I thought maybe after all we had just passed, the Federal Government kind of program as it is, without the been hearing about this campaign fi- decided what health insurance was nec- means test, without the increased co- nance reform here tonight, that we essary for our senior citizens and then pay and without raising the age of peo- should go back and redo the laws al- they designed one-system-fits-all and ple who are on Medicare. ready on books, just write them over said, senior citizens, like it or not, here Mr. NEUMANN. I sincerely hope that again exactly the way they are, and is your health care. our colleagues and our colleagues’ par- start enforcing some of the laws al- The outcome of that, the outcome of ents all across America will look to our ready on the books to clean up some of Washington developing a one-size-fits- parents and thank them for their con- the mess out here before we try to add all health care policy, was that senior tribution as Medicare has been re- more laws. citizens like my parents were paying stored. Mr. FOX of Pennsylvania. Perhaps $43 a month, $43.50 a month to buy part I thought, continuing this theme of we should make sure the Attorney B Medicare insurance. And on top of dedicating a portion of this to my fa- General is aware these are the laws so that they were going out and buying ther, in honor of his birthday, I that she can make that a priority supplemental insurance to go with it to thought we would also talk about the while she moves forward in making help pay for the things that Washing- Social Security System, because I know how important that is to my par- sure the Justice Department is effec- ton did not deem it appropriate to pay ents in their lives and what it means to tive and efficient. for. Mr. NEUMANN. So perhaps we Under this new plan our senior citi- them to receive a Social Security should re-pass them in that case. zens will have the choice of staying on check, and what that means to other I want to move forward now in a Medicare as they know it today, or senior citizens all across America. Today, Washington, the government, much more direct manner here. I would they may take those same dollars and is collecting dollars out of the pay- like to dedicate the rest of this hour to buy a different private sector policy. checks of people, working families, so a very important person, and I want to I was talking to Mom and Dad about that they have money in here in this pay special tribute to him this evening. this particular aspect of the Medicare fund called the Social Security fund so My father had his birthday last week thing recently, just before we passed they can give Social Security checks and I want to just pause tonight to rec- the bill, and they said to me, ‘‘Well, I back out to our senior citizens. Today ognize how important he and other think I am staying on Medicare.’’ I they collect more money than what people like him are in the lives of peo- said, ‘‘Well, Mom and Dad, is there any they pay back out to our senior citi- ple like myself. other program out there that you have zens in benefits. Without dad, and dad’s influence in seen that you like, that you might Now, with that extra money, it is my life and his understanding and lead- even give small consideration to supposed to be set aside in a savings ing me through many tough situations switching to?’’ They came up and account. And the savings account is in our life, and being an active help in talked about one they thought might supposed to grow and grow and grow, our campaigns, both when we won and be okay, but it was still in the devel- to protect our seniors, to protect the when we lost, I for one would not have opmental process. Social Security System as we know it been elected to this Chamber and we That is what this legislation is all today. Well, it should come as no great would not have brought about some of about. I know and respect my parents surprise to anyone out here that before the changes that are happening. and I know that the senior citizens in we got here in 1995, since about 1983 I thought I might just dedicate a this Nation are capable of making good that extra money that has been coming small portion of this to some of the decisions for themselves. I know that in has been spent on other government changes that are being made specifi- like my mom and dad, if Medicare is programs instead of being set aside to cally for senior citizens, and specifi- the best thing for them, they will make preserve and protect Social Security. cally after discussions with my own the decision to stay on Medicare. But So we have introduced legislation out parents and an understanding of how there are certainly very talented, capa- of our office called the Social Security influential they have been in my life, ble people that are ready to look at Preservation Act. The Social Security and, dad, I should pause long enough to other programs out there and they are Preservation Act, it is not like Ein- say thank you this evening to dads all certainly capable of making the choice stein kind of stuff. It simply says the across America, my colleagues’ dads, to do something different, and that money coming in for Social Security that have been so influential in chang- should be their freedom and their pre- must be put in the Social Security ing America. rogative, and I am happy to say that is Trust Fund. For senior citizens I do think it is a significant change. The idea of collecting this extra important to know that Medicare, that Mr. FOX of Pennsylvania. If the gen- money out of the paychecks of working was on the verge of bankruptcy in 1993, tleman will yield, I wanted to add that families is that when the baby boom has been restored and Medicare is now I appreciate the gentleman’s leadership generation moves towards retirement, solvent, so our senior citizens can rely on these issues, especially dealing with and there is not enough money in the on Medicare. There are some changes seniors and making sure that Medicare Social Security Trust Fund to make in Medicare, though, that came about is approved. good on the Social Security checks, in- after having these discussions with our One of the other items I want to stead of going to senior citizens like senior citizens. thank the gentleman for working with my parents saying, ‘‘We can not give First, the attention is being turned me on is making sure we fought back you Social Security any more,’’ the to preventive care as well as care only the Senate changes that were proposed idea was that there would be enough after the disease or problem has devel- to raise the eligibility age for Medicare money sitting there in the savings ac- oped. Things such as screening for from 65 to 67. We fought that back and count, so when there was a shortfall breast cancer, screening for prostate won. they could go to the savings account, cancer, blood sugar monitoring for dia- There also was the Senate proposal get the money, and make good on the betics, screening for colorectal cancer, to have a means test, and we fought Social Security promises to the senior these are things that have been added that back, for people that had already citizens. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8123 The legislation that we have intro- Reagan was elected to office. That is nice thought is what would happen if duced, called the Social Security Pres- what all the Democrats say. They say, we paid this debt off so that this $580 a ervation Act, very simply would re- therefore, it is the Republicans’ fault. month could stay in the homes of those quire that the money coming in for So- And all the Republicans say, well, families instead of being sent out here cial Security would be put in the So- now wait a second. You ought to really to Washington, DC. What a change to cial Security Trust Fund and would understand what is going on here. All America this would really be. stay there. spending originates in the House of Mr. DUNCAN. Mr. Speaker, will the Mr. FOX of Pennsylvania. If the gen- Representatives. That is the Constitu- gentleman yield? tleman will yield, I think the gentle- tion. And, therefore, since the House Mr. NEUMANN. I yield to the gen- man’s bill certainly is an idea whose was controlled by Democrats, it is ab- tleman from Tennessee. time has arrived. I cosponsored the bill solutely the Democrats’ fault that we Mr. DUNCAN. First of all, I would as soon as it was introduced. are this far in debt. like to commend the gentleman from I know, having been a senior citizen The reality of this situation is that Wisconsin [Mr. NEUMANN] for his com- advocate myself, making sure my par- when we look at this debt chart, we are ments. I did not know he was going to ents had the benefits of Medicare and currently up here. And it is now an get into the campaign financing. But I Social Security, I know that in prior American problem; and whether you think all of the people of this country Congresses, before we arrived, they had are Republican or Democrat, it is our would prefer to have an administration in fact helped to balance the budget on responsibility as American citizens to in power that gives more influence to the backs of senior citizens by borrow- do something about this mess before it American citizens than it does to rep- ing money from the trust fund, I think brings this Nation to its knees. That, resentatives of foreign campaign con- to the tune of about $380 billion. basically, is what has been going on tributors. And I certainly agree with out here since 1995. the comments of the gentleman on b 2000 I want to put this in perspective be- that. So, hopefully, with the line-item cause I know this is the part that con- But I rise tonight especially to com- veto, with the downsizing of certain cerns my parents a lot and I know it mend him for his concern about this Government programs, hopefully with concerns a lot of senior citizens. The horrendous national debt that we have. legislation that I have to sunset agen- debt today currently stands at about I went recently in Knoxville to the cies and departments that are duplicat- $5.3 trillion. If you have not seen that Cedar Springs Presbyterian Church. ing the State government work, that number before, it has got about 12 ze- The minister, John Wood, prayed what we will be able to make sure over a pe- roes after it, or 11 zeroes after the 3. It I thought was a very interesting pray- riod of time with my colleague’s bill, is a huge number. Remember, this is er. He prayed for those who had come which we cosponsored, be able to pay the amount of money that this Govern- there that day hurting in some way due back to the trust fund the kinds of ment has seen fit to spend over and to a family problem or a business prob- moneys that we want to have in there above what it collects in taxes. lem or a health problem. But he then To put it another way, and this is the so that when they say now the funds said he was praying most especially of old math teacher in me, I used to teach are secured until 2029, but this will all for those who had come in a com- math before I was a home builder, if take it well beyond 2029, so that future placent mood and did not think they you divide the debt by the people in the generations of senior citizens will also needed any help and thus needed it per- United States of America, the Federal have the benefit of the Social Security haps most of all. Government has borrowed $20,000 on system. I think in some ways that describes a behalf of every man, woman, and child Mr. NEUMANN. Reclaiming my time, little bit the condition of the country that is great and that is where we in the United States of America. I would encourage my colleagues to today, because some people think that should be going with the future of this go to a city in their district on a very because the stock market is tempo- country. busy day and look at the crowds of peo- rarily high that things are better than Another thing I know my parents and 1 ple and just start looking about what they really are. But this $5 ⁄2 trillion they have talked to me a lot about and it means for this Government to have national debt puts us on very thin ice most senior citizens in this country, spent $20,000 on behalf of every man, economically, as the gentleman from they want to give a Nation to their woman, and child in the United States Wisconsin [Mr. NEUMANN] has pointed children that is better than the Nation of America more than what it collected out. they received. They want to fulfill in taxes. For a family of five, like Then, on top of that, we have these their responsibility to this country, mine, of course that means they have looming Federal pension obligations, just as generations before them have spent $100,000 more than what they col- Social Security as my colleague men- done. lected in taxes. tioned, the Federal pensions, the mili- One of the problems that has devel- Here is the real problem with this tary pensions, horrendous obligations oped over the last 15, 20 years is the growing debt. Today a family of five in that in other countries, the only way growing debt facing America. And they America pays an average of $580 a that governments have been able to are very concerned about this, and month, every month, to do absolutely meet those obligations is by either they are very concerned that this is nothing but pay the interest on this drastically decreasing benefits or dras- the legacy that will be passed on to the Federal debt. That money is actually tically inflating the money. next generation. So I thought I would borrowed. It is borrowed by when peo- Sometimes when I speak in high take a few minutes and talk about how ple buy T bills and people invest in T schools I tell some of the young people, we got to where we are, how deeply in bills across America. This money is ac- ‘‘I know when we say we have a $51⁄2 debt we as a Nation are and what we tually borrowed and there is interest trillion national debt that maybe your need to do to fix the problem and how being paid on it. The average cost of in- eyes glaze over and you think it does things have changed in the last few terest for a family of five is $580 a not have any effect on you. But it real- years. month. ly does.’’ Every leading economist says This chart I brought with me shows A lot of people say, ‘‘Well, I do not it is like a chain hanging around the how the debt was growing starting in pay $580 a month in taxes, so I do not neck of our economy, holding us back. 1960 to 1980. You can see how it is a rel- have to worry about it.’’ But the facts Times are good now for some people, atively flat line, but from 1980 forward, are, if you do something as simple as but they could and should be good for this thing has gone off the wall. Let me buy a loaf of bread in the store, the everybody. People making $5 and $6 an put this in perspective, because there store owner makes a profit on that loaf hour can be making $10 or $12 an hour has been a lot of partisan stuff going of bread and part of that profit comes if we did not have this horrible debt. on here on this floor this evening. out here to Washington, DC to do noth- We are getting ready, shortly after When I look at 1980 and I say, look, ing but pay interest on the Federal the turn of the century, to face some of that is when this thing started really debt. the biggest problems that this country climbing here, 1978, 1979, a lot of people It is staggering the impact that this has ever faced. And if we do not start go, well, that was the year Ronald has on our economy today. And the doing things like the gentleman from H8124 CONGRESSIONAL RECORD — HOUSE September 29, 1997

Wisconsin [Mr. NEUMANN] is talking the American people, before 1994 what ance the Federal budget. I have that on about, starting to pay this national was going on was Washington was the chart here. Here is our promised debt back and getting Federal spending promising that they were going to bal- deficit stream when the Republican under control, as I pointed out in my 5- ance the budget. They were recognizing plan passed in 1995. But it is very dif- minute special order a few minutes how serious a problem this national ferent than the outcome. We are not ago, Federal spending, in spite of all debt was. only on track but ahead of schedule. the publicity about cuts, is still going This blue line shows what they prom- My colleagues will notice the red line way up every year. ised to do with the deficit line hitting is in the opposite spot from where it So I salute my colleague for the work zero, or a balanced budget, in 1993. The was up here. We are not only hitting he is doing in this regard. It is very, red line shows what they actually did. our targets, but we are far ahead of our very important for the country, espe- And I think it is important to under- targets, and we are going to provide cially now while we still have a chance stand that in the past they had the American people the first balanced to do something about it. Gramm-Rudman-Hollings, the first budget since 1969 next year, 4 years Mr. NEUMANN. Reclaiming my time, one, and then Gramm-Rudman-Hol- ahead of schedule, not broken prom- the statement of the gentleman from lings again. And then another promise ises, no excuses as to why it cannot be Tennessee [Mr. DUNCAN] about complain 1990, and 1993 came and went and of done. It is done, and it is done 3 or 4 cency and the pastor’s words reminds course there was no balanced budget. years ahead of the original promised me of a saying that has been ringing In fact, in 1993 they looked at this schedule. very much in my ears as we con- and they said, well, we cannot control That is a phenomenal change in what template the next election cycle. And Washington spending. So there is only is happening in Washington from this that is not about us but rather about one other alternative if we are serious picture and raising taxes, to this pic- the people in America. It goes some- about doing something about this, and ture, balancing the budget, on track, thing like this: ‘‘In order for evil to they did it. They reached into the ahead of schedule, and at the same succeed, good people need only sit idly pockets of the American people and time saying to the American people ‘‘it by.’’ they collected more taxes out. is time you had a tax cut.’’ That is, effectively, what has hap- I have been starting some of our For the first time in 16 years, a tax pened over the last 15 or 20 years in group meetings to show how different cut is going to be delivered in this this Nation. We are going to talk a lit- things are today than they were before year. It is actually signed and into law. tle bit about how we got here and how by announcing a very important piece The ink is dry. The tax cut is there. If different it is in the last 3 or 4 years, of legislation. Here is what it does: It we get time later on in this special because there is some reason for opti- raises the top income tax bracket from order, I would like to go through some mism. Some things have changed. We 31 to 36 percent and tacks on a 10-per- of the things in the tax cut. But for still have got that huge problem that cent surcharge. It makes the tax in- now I would like to move a little bit they passed to us. But there are things crease retroactive to January 1 of this farther forward and show how it is pos- changing out here, and it is important year. It raises Social Security taxes on sible that we get to a situation where that people know about that. our senior citizens, and it raises the we can both balance the budget 4 years Mr. FOX of Pennsylvania. If the gen- gasoline tax. Just in case we missed ahead of schedule and at the same time tleman would continue to yield, I have anybody with the first group, it raises lower taxes for the American people. to agree with the gentleman from Ten- the gasoline tax by 4.3 cents a gallon What this chart shows, the blue line nessee [Mr. DUNCAN] when it comes to and does not even use the new money shows the growth in revenue. And we saluting the leadership of the gen- that it has taken in for roads; it directs see that the growth in revenue from tleman from Wisconsin [Mr. NEUMANN], the money to social welfare programs. 1989 to 1995 was going up at about the really being a trailblazer when it I start talking about this legislation same speed that spending was going up. comes to the deficit question, and also because it gradually dawns on people What that meant was that all the new his work on the budget committee. that that was the 1993 tax increase bill. money coming into Washington was Particularly, when we look to the That was what they did out here when immediately being spent on new Wash- balanced budget, I know from Alan they looked at this picture in 1993. In ington programs. Greenspan and people like the gen- 1994, the American people were fed up But in 1995, the revenue kept going tleman from Wisconsin [Mr. NEUMANN] with this and they said ‘‘no more.’’ up at a pretty good pace, but the red and the gentleman from Ohio [Mr. KA- I would add that that tax increase, line started going up at a slower pace. SICH], chairman of the committee, by the solution to this problem of taking Well, when spending goes up at a rate having a balanced budget finally by the more money out of the pockets of peo- slower than revenue growth, the lines year 2002, we are in fact going to re- ple, that solution passed by one vote in crossed quickly. So the reason we are duce interest costs for cars, interest the House of Representatives and it in a position today where we can both costs for college, and interest costs for passed by a single vote in the Senate. I have a balanced budget 4 years ahead home mortgage. might add, and I do not want to turn of schedule and provide tax relief to But would my colleague explain to this into partisanship but I have tried the American people is because the me, under his Debt Repayment Act, not to, there was not a single Repub- revenues have continued to go up what is the effect going to be for the lican vote for that tax increase back in strong, but instead of letting spending homeowner, for the family, and how 1993 because Republicans had a dif- go up with them, spending has been long will it take us to succeed, over ferent idea. curtailed. how many years will it take for the We thought that the right way to I have got another chart here to put Debt Repayment Act to take full ef- balance the budget was by controlling this in perspective. Because one thing fect? the growth of Washington spending, a that I hear when I am out in public at Mr. NEUMANN. Reclaiming my time, very different picture. Well, Repub- town hall meetings, as a matter of fact I think if I could take just a couple licans did take control of the House of I heard it in a meeting this morning minutes first and show how we got into Representatives in 1995, for the first before I got on a plane to come out this mess and how much things have time in a long time, and the Senate. here, the general concept is, ‘‘Well, the changed, and then let us go forward to And I think what happened in 1995 economy is doing so well; and because the future. I think it is important for should be looked at very carefully by the economy is doing well, you politi- any group of people to understand how the American people, because the cians are trying to take credit for how they got to where they are, if in fact American people have had these prom- good the economy is.’’ things are changing, and where we ises in the past and they have always Again, the facts are significantly dif- might be headed to in the future. been broken. ferent than that. I would first point out I brought with me a chart today to When the change occurred in 1995, we that between 1969, the last time we had show how we did get to where we are laid a plan into place that was very a balanced budget, and today, we have and what was going on in the past. Be- much like this blue line. We said that had a lot of good economies. But in the fore 1994, and this credit should go to by the year 2002 we were going to bal- past when there was a good economy, September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8125 Washington simply expanded the also increase, because companies are You know, while some people look at spending to a point where the deficit doing better, more job opportunities. one bill at a time, you are looking at it remained. That is why we have had a So we are lowering the unemployment from a 4- or 5-year projection. As you deficit every year since 1969. rate, and by doing that, there are more are looking for your children and even- This Congress is different. The reve- people employed, and those who are tually your grandchildren, you are giv- nues did come in faster than expected, employed have a better chance of rising a real vision to this Congressman. and the revenues are coming in good ing up within their own business, and The question I have, MARK, is, how do because the economy is strong. But we also stabilize the tax base, because we know that we can assure this for with the revenues coming in, the you have more people paying into the the years to come? We know we have growth rate of Washington spending tax system, and hopefully at lower done for the 104th Congress and 105th has been slowed by 40 percent in 2 rates because of our new programs. the Congress. What kind of budget dis- years. This chart is extremely signifi- Mr. NEUMANN. Exactly. cipline and what kind of legislation cant in understanding how we can both Would the gentleman, reclaiming my can be achieved so that the same kind balance the budget and reduce taxes at time? of graph that you have been showing, the same time. Mr. FOX of Pennsylvania. Certainly. where there is going to be more oppor- Before we got here, spending was Mr. NEUMANN. The wonderful thing tunity, your children will fulfill their growing at an annual rate of 5.2 per- to think about here is, it is more than dreams and have a job and give less cent. It is now growing at a rate of 3.2 about these numbers and charts; it is money to the government and more percent. So, in the face of strong econ- about my two kids are in college and money back in their pocket for their omy, extra revenues coming in, instead my other one, who is a freshman in children to fulfill their dreams, what of doing what past Congresses have high school, it is about these kids and kind of legislation do we need in order done, and that is find new ways of whether or not there are going to be to make sure that the dreams of your spending it here in Washington, at the job opportunities right here in America children will be fulfilled? same time the economy is very strong, or whether we are going to find our- Mr. NEUMANN. Well, I think the log- spending growth has been curtailed in selves in a position where, in order for ical next step in this whole thing is the this city. And that is what got us to my children to have hopes and dreams answer to that question. That is, after this position where we are going to and the opportunity to live the Amer- we balance the budget, we still have have our first balanced budget since ican dream that we have had in this that $5.3 trillion debt that our genera- 1969 and our first tax cut in 16 years. great Nation, it is about whether they tion is going to give to the next as a are going to be able to do that at home legacy if we do not do something about b 2015 in Wisconsin or whether they are going it. This whole system works because we to have to go over to a Pacific rim So while things have changed a lot have curtailed the growth of Washing- country, or China, or wherever, in since 1993 and the broken promises and ton spending. And let us go a step fur- order to have the hopes and dreams and tax increases of the past to a point ther. When we curtail the growth of the opportunities that we have had where we are on track balancing the Washington spending, that means during our generation. That is what budget and providing tax relief to the Washington borrows less money out of this is about. It is about whether or not people, restored Medicare, good things, the private sector. Well, when Wash- our kids are going to have an oppor- but we have to ask, where are we going ington borrows less money out of the tunity to live the American dream. next? private sector, that means there is I thought I would show one more And the answer to that is, we need to more money available in the private chart, because another thing that start making payments on the $5.3 tril- sector. More money available, law of comes up a lot of times when I am out lion debt, and the easiest way to de- supply and demand; again, this is not at public meetings is, they say, well, scribe what we are suggesting that we complicated. The law of supply and de- who is supposed to get all the credit for do in our legislation, I know we have mand says: When there is more money this thing, and are not you afraid cosponsored this bill together, and peo- available in the private sector, the in- somebody is going to get the credit, ple in Pennsylvania are very fortunate terest rates will stay down; and, again, and Clinton is going to get credit for to have a person like yourself here to this is not unexpected. what you guys have done, and how are help with this kind of legislation; what We had hoped that the result of those we going to stop that from happening? we are doing is proposing, very much lower interest rates would be a strong And this is how the discussion goes. like on a home mortgage, just like all economy, where people bought more And I brought a chart to kind of show the folks out there that have a home, houses and cars because they could af- what would have happened had we not and they borrow money to buy the ford them easier with the low interest been here. home, they make payments on their rates, and in fact that is exactly what In 1995 when we took office, in 1995 home mortgage, we are effectively sug- is happening, and that is spurring on when we took office, if we had played gesting that we do exactly the same our economy today better than any- golf and tennis and basketball instead thing in that $5.3 trillion debt. thing else we could have done. of doing our job, this is where the defi- We have introduced a bill called the So when government spends less, cit was going. This is where the deficit National Debt Repayment Act, and they borrow less out of the private sec- was going when we got here and what what the National Debt Repayment tor, it leaves more money available in we inherited when my colleagues and I Act does is, it caps the growth of Wash- the private sector. With more money took office in 1995. ington spending, it controls the grow- available in the private sector, the in- This yellow line shows what hap- ing Washington spending, at a rate 1 terest rates stay down, and when the pened after 12 months, and some people percent lower than the rate of revenue interest rates are down, people buy remember our first 100 days, the bat- growth, and it has to be at least 1 per- more houses and cars, and the logical tles that went on. If we had quit after cent lower. That creates a surplus. next step when people buy more houses the first 12 months, the deficit would With the surplus created, we take and cars, somebody has to go to work have followed this yellow line. The one-third of the surplus and dedicate it building those houses and cars, and of green line shows what we had hoped to to additional tax cuts, and two-thirds course that is what leads us to more do, and the blue line shows what is ac- of it goes to start making those mort- job opportunities for our people. tually happening. And, again, the em- gage payments on the Federal debt, Mr. FOX of Pennsylvania. Mr. Speak- phasis here is how far we have come and it is real important, when the er, if the gentleman would yield, I from 1995 to 1997 and what a phenome- mortgage payments are being made on think that is one of the best items you nal change there is in this great Nation the Federal debt, we are also putting just pointed out. we live in. the money back into the Social Secu- When you talk about getting the I would be happy to yield. rity Trust Fund that has been taken budget in balance, two major facts: Mr. FOX of Pennsylvania. I think, out over the last 15 years. First, we have lower interest rates for you know, you deserve a great deal of So our National Debt Repayment Act cars, college, and for the home; and we credit for being a visionary on this. would pay off the entire debt by the H8126 CONGRESSIONAL RECORD — HOUSE September 29, 1997 year 2026 so our children could inherit kick out, because in all fairness, if we And there is one thing I know for this Nation debt free, but it would also are in a war, I do not think we want sure. If they know their taxes are being restore the Social Security Trust this sort of thing restricting us, and if increased, politicians are going to be Fund. we went into some sort of a major re- much less likely to increase them. In And I said earlier this hour that I am cession, there may be a reason for the 1993, the way they got away with it is, dedicating this special order to my fa- Government to actually spend more they demagogued it, saying it was only ther, who had his birthday last week. money. tax increases on the rich. Well, the re- Senior citizens should be in droves be- Today, that is not the case. Today, ality was, you were rich if you owned hind this kind of legislation because by our economy is booming. There are job an automobile and filled it up with gas- putting the money back into the Social opportunities for people. We are seeing oline, because when they were done, Security Trust Fund, Social Security the welfare rolls decline with the wel- taxes went up by 4.3 cents a gallon as once again will be safe and secure, and fare reform that went through a year well as a 2.5 cent extension in the gaso- for the people in the work force this ago. We are seeing a lot of good things line tax. will provide additional tax relief each happening in our country, but we do So that is part of it, but maybe we and every year. not want to tie our hands with this should talk about the Tax Code and I brought a chart with me to kind of sort of legislation that we could not how it has changed. And, again, I think show how this would work and show adjust in the event of an emergency. we need to look back to 1993 when what actually happens in picture kind Mr. FOX of Pennsylvania. Well, if the taxes were going up and see that this is of form. The red line, again, is the gentleman will yield, the National good even though it is a little com- spending growth, and you can see Debt Repayment Act is certainly a bill plicated. Should we start maybe with spending still going up. So for those that both sides of the aisle should be the one that is going to hit the most that are concerned that Medicare, Med- supporting, and, frankly, I would like families? I do not know how many fam- icaid, or whatever will not be there, to see the Senate support it once it ilies it hits in Pennsylvania. I know in spending is still going up. And I might gets there after we pass it. Wisconsin, 550,000 families are eligible just add a personal note here. But with regard to tax legislation, to keep $400 per child more of their own where we have seen great reform in If this was me, spending would not be money in their own house instead of this session which you and I supported shown going up this fast, and if I was in sending it out here to Washington, DC. control of Congress where the conserv- along with our colleagues, we have re- Mr. FOX of Pennsylvania. If the gen- atives were actually the majority in duced, we have a $500 per child credit, tleman would yield, my own county, this body, this spending line would be reduced capital gains tax, increased the Montgomery County in Pennsylvania, much slower, it might even be flat- inheritance tax exemption, and one of in my district, 108,000 families will the most important items, tax credits lined, so we would even shrink Wash- have the benefit of the $400, eventually on education. ington spending much more. But even $500, per child tax credit. That will go Do you think we could be going to a with spending going up at a small rate, time, maybe next year, the second ses- a long way to help pay other bills. if you keep it going up at a rate 1 per- Mr. NEUMANN. You have got 108,000 sion of the 105th Congress, where we cent lower than the rate of revenue just in your county in Pennsylvania, can further reduce capital gains, which and we have only got 550,000 in all of growth, the blue line shows the rate of will increase savings, new jobs, and the State of Wisconsin. Our people had revenue growth, the red line, the growth? spending growth; if the red line is Mr. NEUMANN. Well, that is what better start having more kids in Wis- going up slower than the blue line, that this bill is all about really, is it does consin so we catch up. creates the surplus in between here, provide one-third of this surplus for ad- Seriously, it is important for my col- and one can see how the surplus devel- ditional tax cuts as we move forward. leagues to understand that next year, ops, giving us the revenues necessary The gentleman mentioned that this starting in January, for each one of to pay back the Social Security trust needs to happen in the Senate as well. those children under the age of 17, on fund, to pay off our debt so we can give I would just point out that in the Sen- January 1 they can go into their place this to our children debt free and we ate of the United States there is not a of employment and adjust their with- can dedicate some of those surpluses to single Member over there as of yet that holding taxes so they start keeping $33 additional tax cuts for the American is interested in introducing the Social per month per child more in their own people. Security Preservation Act which we paycheck instead of sending it out I would be happy to yield to the gen- talked about earlier. That is the bill here. The $33 a month is the $400 total tleman. that forces Social Security money to divided up over the 12 months. Mr. FOX of Pennsylvania. People will actually stay in the Social Security So if you have got a family of five, say to us, well, this sounds good, but trust fund. Not a single Senator yet three kids under the age of 17, what what happens in times of emergency, has moved forward. And on this Na- they should do in January of next year and what happens in a time of war? tional Debt Repayment Act, what is go in and increase their take-home Mr. NEUMANN. The bill kicks out seems to me to be the logical next step, pay by $100 a month. That is what this actually during the time of emergency not a single Senator as of yet has spon- tax cuts means to the 550,000 families and during the time of war, and re- sored the bill. And I am optimistic that in Wisconsin and the 108,000 in your member, the bill says we have to keep we will see movement in that direction county in Pennsylvania. at least a 1 percent difference in this because it does, after all, take passage The other thing is, I think the em- growth rate. in both Houses in order to get this job phasis on education in this tax bill was There are going to be other times done. real important. I always talk to our where it is more than a 1 percent gap; On the tax cuts, maybe we should go groups, and I ask if anybody has got a that is, spending is going to be going into the tax cuts that have already freshman or a sophomore in college, up much slower than the rate of reve- passed, and remember, the bill is cur- and inevitably we see a bunch of hands nue growth. We happen to be in one of rently on the table to sunset the entire go up. For a freshman and sophomore those times right now. As a matter of IRS Code and replace it with some- in college, in the vast majority of the fact, revenues to the Federal Govern- thing that is simpler and fairer, easier cases, the parents will be able to keep ment today are growing by 7.3 percent, for our people to understand, by the $1,500 more of their own money instead and spending is only going up by 3.2 year 2001. of sending it out here to Washington. percent. There is a 4-point spread in So I anticipate we are going to begin And I want to be as clear as I can be there right now. This chart shows how an immediate debate over an entirely on this. This is not a deduction. This is it works with only a 1-point differen- new tax system, something people ac- as in you figure out your taxes, and tial. tually can understand, and they will at when you are all done figuring out how So during the good times like those that point be able to figure out their much you would have owed, if you are that we are in right now, I think we own taxes and understand, if there is a a freshman or sophomore, spent $2,000 find a wider than 1 percent spread, and tax increase, they are going to know on their college tuition, room, board, during those bad times the bill would about it. and tuition, you subtract $1,500 off the September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8127 bottom line. You figure your taxes out, families to start saving for their chil- 401(k) at work, under the new tax plan, and you subtract $1,500 off the bottom dren’s future education, where the in- it is called the Roth IRA. People can line for a freshman or sophomore in terest accumulates tax-free in the ac- now put $2,000 per person per year into college. For a junior or senior in col- count. It is called the educational sav- a savings account. Now, they are put- lege, it is 20 percent of the first $5,000 ings account and works sort of like an ting in after-tax dollars as opposed to of costs, or in many cases $1,000 for a IRA used to work. before-tax dollars. They are putting in junior or a senior. Mr. FOX of Pennsylvania. Madam after-tax dollars, but the interest accu- And, again, it is important that our Speaker, if the gentleman would yield, mulates tax-free, so if they put the constituents understand that this we also have the Coverdell and Ging- money in this year, whatever they earn means that in January of next year, if rich bill, a plus account, which will be on that money between now and retire- you have got a freshman in college, an additional $2,000 towards college ment, when they get to retirement and you simply go in and take 1,500 divided education. take the money out of this account, by 12, or $125 a month more in your So I think whatever we can do to the money that they take out is abso- take-home pay. There is nothing else give the students the opportunity to lutely tax-free. So they put $2,000 per you have to do; you just take home an attend the college of their choice, the person per year into the account, they extra $125 a month. institute of their choice, whatever it pay tax on that money this year, but For a family of five in Wisconsin, we may be, then I think the Congress, when they take it out in retirement, it have got some church friends, one in moving educationally, we are doing the comes out to them absolutely tax-free. college, freshman in college, two still right thing for all of our people. There is no tax on the increased value at home. This family is eligible for Mr. NEUMANN. Madam Speaker, re- of that $2,000 they put in. $2,300 next year, and I know in this par- claiming my time, does the gentleman The nice thing, I have a lot of young ticular family that they are working think these education accounts that we people that say, ‘‘Well, MARK, I am not several jobs in order to make ends have just talked about point out how sure I am ready to think about retire- meet. different things are in Washington? ment yet.’’ This account also works for Just think what this tax cut package Five years ago, if this would have young families who are trying to save means to a family of five, where the been the discussion, it would have gone up to buy their first home. They can mother and father have been working like this: Well, we are going to raise put $2,000 per year per person into this not only their regular jobs but an extra taxes on the people, get more money account, and a lot of especially couples job or two in order to get ready for out here in Washington, and then we without children or single working Christmas. Next year, this family is el- here in Washington are going to decide families, they put this money into this igible to keep $2,300 more of their own which families out there in America account and then later they can take money instead of sending it to Wash- have a right to get some of this money up to $10,000 out of the account without ington. back. penalties to buy their first home. Mr. FOX of Pennsylvania. If the gen- That is not what this is about. This So for the young families it is an op- tleman will yield, I think one of the says people that have worked hard to portunity to save to buy their first most important parts of the tax pack- earn a living, and whoever they are, if home. For the folks that are in their age is the education tax credits, be- they have children under the age of 17, 40’s and 50’s, maybe the kids are gone, cause there are so many young people keep $400 more of their own money. it is an opportunity to save more for who want to go into higher education, They have to earn it first; it is their themselves for retirement and have it whether it is junior college, commu- money, they have to earn it, but after be a tax-free retirement. nity college, regular college, whatever they have earned it, they keep it in Mr. FOX of Pennsylvania. Madam kind of higher education, leading to a their own home instead of sending it to Speaker, will the gentleman yield? satisfying job. They want to know that Washington. It is not Washington de- Mr. NEUMANN. I yield to the gen- they have got the chance, that their ciding which people are going to be eli- tleman from Pennsylvania. parents will get the kind of credit off gible and collecting more tax dollars Mr. FOX of Pennsylvania. Madam their taxes to encourage them to get like they did in 1993, but rather, it is a Speaker, under the Roth IRA, it is that extra education. They can make tax cut. It simply says if they earn the $2,000 per person for how many years sure they get a better job, and their money, the kids are under the age of hence? families will certainly have full oppor- 17, keep it in their own home; we know Mr. NEUMANN. As many years as tunity. they know how to spend it better than one so desires. the people here in Washington. It is Mr. FOX of Pennsylvania. OK. So b 2030 really great to look at these kinds of there is no sunset on that provision? Mr. FOX of Pennsylvania. So I will tax cuts as opposed to what might have Mr. NEUMANN. No. One can keep continue working with the gentleman gone on before. putting $2,000 per year into this ac- in Congress to make sure we expand Why do we not jump out of edu- count each year from now through the educational opportunity so each person cation. I hear a lot of times when I am year they retire, unless, unless we go can be all they can be educationally, out at our town hall meetings, well, back to the ways of 1993; and if we go vocationally, and within the society. MARK, I do not have any kids, and since back to the ways of 1993, broken prom- Mr. NEUMANN. Madam Speaker, the I do not have any kids, I am not eligi- ises and higher taxes, certainly this other one that relates to education, in ble for any of those tax cuts. Well, might be one of the accounts they look the same area, is the $500 per child edu- there is a few other things in here, and at; but it is up to the American people cation savings account. I have a lot of I talked to a union worker in particu- to make sure they keep elected Rep- grandparents that say what should we lar. He said, ‘‘My kids have gone and I resentatives who are going to be more give our grandchildren for this particu- am not really thinking about selling interested in controlling Washington lar birthday or this particular birth- my house and I am not really eligible spending, because when we control day. This account has been set up so for anything.’’ I said to him, ‘‘Are you Washington spending, that means the that the grandparent could conceivably thinking of saving to help take care of people can keep more of their own put $500 per child into a savings ac- yourself and retirement?’’ He said, ‘‘I money instead of sending it to Wash- count that would then stay in the sav- know you are going to talk about ington. The folks have to make sure ings account until the child reaches IRA’s, but I already have a 401(k) at that they understand that is what is college age. The child then, the inter- work.’’ I said, ‘‘Would you consider necessary in order for this Tax Code to est accumulates tax-free and the child saving more for your retirement, if you continue with tax cuts as opposed could then take it out when it is time could, tax-free?’’ He said, ‘‘Yes, I would going back to the way of 1993, but that to pay for their college education. be interested in doing that, but I am is up to the American people. Of course, it is not only grandparents not going to be eligible because I have Mr. FOX of Pennsylvania. The Na- that could do this, parents could do a 401(K) already.’’ tional Debt Repayment Act, which the this if they have the financial where- The new tax cut package has changed gentleman authored and I have cospon- withal, but it is an account that allows that. Even if people are eligible for a sored, has this gone to the Committee H8128 CONGRESSIONAL RECORD — HOUSE September 29, 1997 on the Budget for review, or Ways and Well, the fact is, if a person is earn- have said that 3 times because I was on Means? Where has it gone? ing less than $41,000 a year, their cap- a radio talk show in one of our commu- Mr. NEUMANN. It will be reviewed in ital gains tax rate goes down to 10 per- nities and I had a caller call in and ask a series of ways. I am optimistic that cent. This person told me about a num- me whether or not I was sure that we will have an inner-term vote, but at ber of senior citizens who, in addition there was no Federal taxes due. least it says no new Washington spend- to Social Security, are drawing small And I said, ‘‘No, there is no Federal ing with the extra revenues coming in. amounts out of whatever they have taxes due.’’ She had bought a home, I And it will put us on track that the used to save money in the past, and of think it was for $20,000, and was selling only thing we can do with the sur- course then there is capital gains on it for about $80,000 and she wanted to pluses is either reduce taxes or pay whatever it is that they are drawing make sure of this. And she said, ‘‘I pay down debt, and that will certainly put this money from, and this will reduce income tax on it instead of capital us in the right direction. their tax rate from the current 15 down gains.’’ And I said, ‘‘No, there is no Mr. FOX of Pennsylvania. Madam to 10 as well for the lower income folks. Federal tax due to the sale of your Speaker, will the gentleman yield? Mr. FOX of Pennsylvania. Madam home,’’ and she said, ‘‘Well, then I Mr. NEUMANN. I yield to the gen- Speaker, if the gentleman will yield, a pay,’’ and she gave me some other kind tleman from Pennsylvania. part of what we have to do is make of tax. I said, ‘‘No, it is not that the Mr. FOX of Pennsylvania. Madam sure we get the word out about these tax has been shifted to some place else; Speaker, one of the related bills that I new tax reductions so that all of our there is no tax due on the sale of that have, and I hope that would also see senior citizens and others will continue home’’ that had appreciated in value legislative action, and that would be to take advantage of them. from $20,000 to $80,000 in this particular what I call the sunset review of Federal Mr. NEUMANN. Madam Speaker, re- caller’s case. So this is also a phenome- agencies. It is something we did in claiming my time, another one that nal change. Pennsylvania where we evaluated all of not many know about, and this really I know Pennsylvania has some agri- the State agencies and said, over a 7- impacts: 74 percent of all senior citi- culture, as does Wisconsin. I think an- year period or 5 years or whatever we zens in Wisconsin still own their own other point here that we would be fail- want to pick, each agency had to jus- home, and there is a new tax provision ing if we did not bring up is the farm tify its own existence. To the extent it that is very directly aimed at senior tax change. could, it would remain. To the extent citizens, but it is going to affect all of Mr. FOX of Pennsylvania. Madam it did not, it would be consolidated, society, and that is if they have lived Speaker, if the gentleman would yield, privatized, downsized, or eliminated. in their home for 2 years and they sell that is certainly going to help us. We This is a process that seems so logical the home, they no longer pay any Fed- have small businesses in Pennsylvania, it should have been adopted previously, eral taxes on it in the vast majority of of course, and in Wisconsin, and we but it is something that I believe is re- the cases. Now, what has happened in also have a lot of family farms. What we are able to do under this new inher- lated to the gentleman’s legislation the past is we had this rule that said if itance tax law is $1.3 million, I think when it comes to debt repayment and a person was 55, they could have a one- that is the right figure, will be the ex- balanced budgets. time exclusion when they sell their Mr. NEUMANN. I have a sneaking emption from the inheritance tax. home. So instead of having to sell the fam- suspicion there is a whole heap of agen- So what has happened is a lot of our ily farm to pay the estate taxes of the cies that could not justify their exist- senior citizens have sold their home at deceased, we are going to be able to ence today. age 55, took the one-time exclusion, have the family farm or the family- We started through this in my first and then they went out and bought a owned small business that had been year here, and it was unbelievable the smaller home, because of course at 55 worked on for years now carried for- number of agencies that when we went their kids were gone so they did not ward to the sons and daughters, so they to them, there is just no way that they need the big house any more. So they can carry on the family business with- could justify. But it is too vast a list to bought a new home at age 56, and they out having all of the money that the go at them each one at a time. We get are now 67 or 68 and would like to sell farm is worth, or the business, going up as many as we can. The way to do this their home again. in taxes. is to look at the overall numbers and Under the old Tax Code, since they Mr. NEUMANN. Madam Speaker, keep squeezing them down, but I cer- had taken their one-time exclusion at they say under this new Tax Code, re- tainly support that type of legislation, age 55, they would pay capital gains on claiming my time, that 90 percent of sunseting every agency every 7 years the appreciation of that home from the all farms may now be passed from one unless it can justify its existence. It age of 56 to 66. Under the new Tax generation to the next generation sounds like a great idea to me. Code, there is no Federal taxes due on without the tax being due, the death A couple of the tax cuts that we have the sale of a personal residence as long tax being due to the extent where passed, and again, this bill has been as they have lived in the residence for many of those farms are being sold. signed, this is happening, the ink is 2 years in the vast majority of the The other thing that affects and di- dry, this is law: The capital gains tax cases. rectly impacts the agriculture industry rate has gone from 28 percent to 20, and This is a phenomenally large change. of course is that many farms are now then it is going down to 18 after that. Being a homebuilder, I dealt with this corporations, which means there is I have some people say, ‘‘Well, Mark, an awful lot where we would have cli- stock in the corporation and as the you made it more complicated because ents come in and the clients would say stock is transferred, the capital gains it is 15 months or 18 months or 12 to me, ‘‘Well, I have moved from wher- rate directly impacts what taxes are months, and how long do we have to ever to Wisconsin where it was a little due, and of course the reduced capital hold it?’’ more affordable housing,’’ and they gains tax helps our farmers immensely. But when it is over and done, I think would come in and say, ‘‘We have huge I see the gentleman from Indiana has people can take the time to find out capital gains, and I took this job trans- joined us. whether they have held their asset for fer, and I was happy to take the job Mr. SOUDER. Madam Speaker, will 12 months or 18 months in order to pay promotion and have the opportunity to the gentleman yield? 8 percent less and then 10 percent less. live a better life for myself and my Mr. NEUMANN. I yield to the gen- For the folks on the lower income family. When I got here the house tleman from Indiana. tax bracket, this is something I learned prices were low and that is good, but Mr. SOUDER. Madam Speaker, I in Brodhead, WI at a town hall meet- now I owe the Government all of this wanted to briefly join in here, because ing. I had someone come up and say, ‘‘I money.’’ the gentleman called my attention ear- volunteer my time helping senior citi- Well, that is all gone, that is history. lier this evening to an article that ran zens fill out their tax forms. And all The law has changed. If a person lives in the Wall Street Journal today, and that capital gains stuff you are talking in a home for 2 years and it is their Congressman SHADEGG from Arizona about, they do not earn enough money personal residence and they sell it, cited it in particular, and then I actu- to be affected by the 28 down to 20.’’ there is no Federal taxes due on it. I ally read it. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8129 The gentleman has been a leader in the National Math Board, he serves as votes. I am sure there are Senators our class and in Congress in doing a consultant to the Connecticut De- who may hear and read about this and budget numbers, tax numbers, appro- partment of Education, sits on the will actually want to be the gentle- priation bill numbers, and has been board of the $10 million National man’s Senate sponsor. I will pursue somebody we all look to, and now I re- Science Foundation math program, and that with the gentleman further after alize that the gentleman is completely advises the standard-setting project this special order. politically incorrect. The article in the funded by the Pew and MacArthur From my point of view, Mr. Speaker, Wall Street Journal today from Lynn Foundations. I think my constituents who have Cheney about the National Commission It is not just this kind of one-man heard about the National Debt Repay- for Education Testing was talking kind of weirdo sitting there, he is on a ment Act and the quest to get the bal- about math, and the gentleman from whole bunch of boards, driving this anced budget think that Washington is Wisconsin [Mr. NEUMANN] asked me whole dumbing-down sense of America. finally listening to what they have earlier this evening, ‘‘Did you see this And then people want to know how, been saying back home. This is not a absurd statement in the Wall Street well, we cannot quite understand your Washington idea, this is an at-home Journal?’’ Steven Leinwand, this is chart. This is too complicated. They idea. The people back home want to quoting from the Wall Street Journal want to feel things through. If we do make sure we spend less, we regulate today, Lynn Cheney’s article, who sits not have a basic understanding of less, we tax less, and we let them keep on the committee overseeing President math, we are basically going to get more of the money, power, and influ- Clinton’s proposed National Mathe- ripped off. ence that should be kept in our neigh- matics Exam, has written an essay ex- Mr. NEUMANN. Madam Speaker, re- borhoods and our communities. plaining why it is downright dangerous claiming my time, this is the problem Mr. NEUMANN. I think that is a to teach students things like 6 times 7 with the liberal philosophy. The liberal good lead-in to wrapping this hour up is 42, put down 2 and carry the 4. Such philosophy would tell us that we do not this evening. We have dedicated the instructions sorts people out, Mr. need to understand math because hour to my dad and others, people like Leinwand writes, anointing the few Washington can take care of you, trust him across America that are so respon- who master these procedures and cast- us. The Government will take care of sible for giving us the opportunity to ing out the many. That is a quote. As you. That is the wrong philosophy. be here and change this great Nation. Mr. Leinwand tells it, there might have Folks need to understand basic math, When we look back to before 1995 and once been an excuse for such undemo- reading, and science so they can look see the broken promises of moving to a cratic goings-on, but we can now, beat a situation and evaluate the situa- balanced budget, and the promises that cause of technology, throw off the ‘‘dis- tion, and make a decision for them- they were going to get there, and as criminatory shackles of computational selves on how to best take care of the deficit escalated, they raised taxes algorithms.’’ themselves and their families in this back in 1993. Mr. NEUMANN. Reclaiming my time, world we live in. If we look at how far we have come in can we just point out again who this Mr. SOUDER. Madam Speaker, if the the last 2 or 3 years, we are to a bal- person is that they are quoting? This is gentleman will continue to yield, I will anced budget, not as promised, but 3 or the person that sits on the board that be talking later, and I know the gen- 4 years ahead of schedule; we are going is going to design the national tests to tleman from Arizona [Mr. SHADEGG] to balance the budget for the first time test our children. All of those things wants to talk about this, too, but the in fiscal year 1998 since 1969, when I the gentleman from Pennsylvania said. gentleman has been kind of a national was a sophomore in high school, the He is the person that is going to be de- math teacher to this country, going last time the budget was balanced. signing these tests, and this person through the budgets, going through the Taxes are coming down for the first thinks it is inappropriate to teach kids appropriations bills, going through the time in 16 years. that 7 times 6 is 42, and when they are tax bills. I appreciate the gentleman What a phenomenal contrast from doing multiplication of more than one calling my attention to this article and 1993 to 1997, the tax increases versus number times another, how to actually the fallacy of these national tests, be- the tax cuts of 1997. Medicare has been go through it. I am an old math teach- cause if we do not have a country that restored to our senior citizens, to my er and if my colleague sees my face can defend themselves, they are going dad and to my parents, to the senior turning red at this point, it is only be- to get run over by the Washington bu- citizens out there. Medicare has been cause I find it so frustrating that we reaucracy. I thank the gentleman for restored, and we are now moving rap- would think in this society that we his leadership. idly forward. have moved to this point. Mr. NEUMANN. That is the nicest We look at the future. We have our I do not want a national math test. I thing I have been called since I came to first balanced budget in our hands and want the parents and the local commu- Washington, so I thank the gentleman. our first tax cut. The ink is dry, it is nity folks and the school board, I want I yield to the gentleman from Penn- passed. As we look to the future, we re- them to develop a test to test their sylvania [Mr. FOX]. alize that even after the budget is bal- kids and their community for what Mr. FOX of Pennsylvania. Madam anced, we still have a $5.3 trillion debt. they think their kids should know. Speaker, I appreciate the gentleman The next move is to pass the Na- from Indiana sharing with us his com- tional Debt Repayment Act, which will b 2045 ments, because he has also been a lead- pay off the Federal debt much like we Mr. SOUDER. If the gentleman will er working with the gentleman and I, pay off a home mortgage over the next continue to yield, Madam Speaker, as when it comes to making sure the tax- 30 years. That means that we can give both a former math teacher, which the payers are getting their money’s this Nation to our children debt-free. It gentleman from Wisconsin [Mr. NEU- worth. means that the money that has been MANN] is, and as a former homebuilder That is what this is all about, we confiscated out of the Social Security whose whole business depends on being want to have a Federal Government trust fund will be returned so Social able to, if not directly, at least under- that performs the kinds of services Security is safe and solvent once again stand the computation of 6 times 7 that have to be there that are not for our seniors. In that bill, one-third equals 42, otherwise you are likely to taken care of by the State government, of the surpluses are dedicated to addi- be having ridiculous prices on the and that individuals and families can- tional tax cuts as we move forward. homes that you are trying to build, not take care of by themselves. But So as we look at the past, the how do we expect the American people there is no reason we should be over- present, and the future and where we in the future to be able to read charts charged for that. are going with this great Nation, like the gentleman has in front of him, Frankly, I think the National Debt things have changed since 1995. It is or be able to understand how to cal- Repayment Act we need to go very truly a pleasure to be able to bring to culate capital gains taxes if this man, strongly on. I am hoping we will not the American people how different this and to reiterate one other point that need a sponsor, because it is going to great Nation is today than it was 3 the gentleman said, he is not only on pass the House and it just needs Senate short years ago, and how those changes H8130 CONGRESSIONAL RECORD — HOUSE September 29, 1997 can lead to a better future for our chil- REPORT ON RESOLUTION WAIVING sion, maybe we could have the first day dren and our grandchildren, because POINTS OF ORDER AGAINST CON- with his friends who are in jail; the sec- that is what it is all about, giving FERENCE REPORT ON H.R. 2203, ond day with his friends who have al- those kids hope for opportunities to ENERGY AND WATER DEVELOP- ready been released from jail; maybe live the American dream in this great MENT APPROPRIATIONS ACT, the third day would be his friends who Nation. 1998 have been indicted and are headed to jail. Then we could have a couple of Mr. MCINNIS (during the special f days for his friends who have pleaded order of Mr. SOUDER), from the Com- immunity, 1 day for those who pleaded mittee on Rules, submitted a privi- partial immunity, 1 day for those who ANNOUNCEMENT BY THE SPEAKER leged report (Rept. No. 105–281) on the pleaded full immunity. Then we could PRO TEMPORE resolution (H. Res. 254) waiving points have a couple days for his friends who of order against the conference report The SPEAKER pro tempore [Ms. pleaded the fifth amendment. There to accompany the bill (H.R. 2203) mak- GRANGER]. The Chair will remind all are I think 56 of those right now. Then ing appropriations for energy and Members to refrain from urging Senate we could have 3 days for his friends water development for the fiscal year action or inaction. who have fled the country, possibly 1 ending September 30, 1998, and for day for each continent. f other purposes, which was referred to Madam Speaker, it is ridiculous. the House Calendar and ordered to be They are not following the current law. printed. REPORT ON RESOLUTION PROVID- Why does he want us to come in and ING FOR THE CONSIDERATION f pass a bunch of new laws if we cannot OF HOUSE RESOLUTION 244, SUB- get people to follow the current law? A RIDICULOUS THREAT FROM THE We have the Vice President of the POENA ENFORCEMENT IN THE PRESIDENT TO CONGRESS RE- CASE OF DORNAN V. SANCHEZ United States, and we will get into this GARDING CAMPAIGN FINANCE more later, but who said that he was Mr. MCINNIS (during the special REFORM not following the existing law because order of Mr. SOUDER), from the Com- The SPEAKER pro tempore. Under he was not clear on the controlling mittee on Rules, submitted a privi- the Speaker’s announced policy of Jan- legal authority. Madam Speaker, that leged report (Rept. No. 105–280) on the uary 7, 1997, the gentleman from Indi- is quite the explanation, that he was resolution (H. Res. 253) providing for ana [Mr. SOUDER] is recognized for 60 not sure of the controlling legal au- consideration of the resolution (H. Res. minutes. thority. 244) demanding that the Office of the Mr. SOUDER. Madam Speaker, I The sale of access by this administra- United States Attorney for the Central have found few things as ridiculous tion is unprecedented. To be fair, the District of California file criminal since I have been elected to Congress in President does not discriminate where charges against Hermandad Mexicana 1994 as the headline that I saw last they are going to take the money from. Nacional for failure to comply with a week in the Washington Times, re- If the money is green, they will take it. valid subpoena under the Federal Con- peated in various publications around They have taken it from drug dealers, tested Elections Act, which was re- the country in different ways. That international fugitives, from arms ferred to the House Calendar and or- headline says ‘‘Clinton Threatens to dealers. Hey, it is an equal opportunity dered to be printed. Recall Lawmakers to Hill. Campaign administration. Finance Vote Demanded During Ses- There are some things that you can f sion.’’ buy, for example, if you tune into the Madam Speaker, I was trying to sort Clinton Shopping Network. For $100,000 REPORT ON RESOLUTION PROVID- this through. My basic understanding you can become a managing trustee of ING FOR CONSIDERATION OF of this was that the President of the the Democratic Party, which entitles H.R. 1127, NATIONAL MONUMENT United States, Mr. Campaign Finance you to two meals with the President, two with the Vice President, issue re- FAIRNESS ACT himself, is threatening to call us into session for campaign finance reform; treats, private impromptu meetings Mr. MCINNIS (during the special this, the President who has made more with administration officials, and your order of Mr. SOUDER), from the Com- very own DNC staffer to assist with from Air Force One, the plane, than mittee on Rules, submitted a privi- your personal requests. Harrison Ford made from the movie? leged report (Rept. No. 105–283) on the For $300,000, you can bypass the na- resolution (H. Res. 256) providing for He wants us to have a session on cam- tional security aides and get directly consideration of the bill (H.R. 1127) to paign finance reform? to the President, even if you are an amend the Antiquities Act to require Tonight, Madam Speaker, we are international fugitive like Roger an Act of Congress and the concurrence going to talk a little bit about this Tamraz. In his case, it was $250,000 or of the Governor and State legislature President and some of his friends. Ad- $300,000 to be able to talk to the Presi- for the establishment by the President ditional Members will be joining me as dent about a pipeline, and he did not of national monuments in excess of we go through this. But I have been so- even get it. I do not know what it 5,000 acres, which was referred to the liciting some information about dif- would have cost if he was going to get House Calendar and ordered to be ferent people’s opinion on this, and the pipeline. printed. what their reaction was to this head- We cannot even make up a cast of line. characters like the contributors who f Madam Speaker, I have a couple of wound up at the White House coffees, comments that I want to share with overnight in the Lincoln bedroom, or the Members. We will be going through REPORT ON RESOLUTION PROVID- posing for photographs with the Presi- a number of these tonight. dent. It is something like out of the ING FOR CONSIDERATION OF I think that principle No. 1, and if I bar scene from ‘‘Star Wars.’’ It is such H.R. 1370, REAUTHORIZATION OF can, I am going to move down to the an odd conglomeration of different THE EXPORT-IMPORT BANK other microphone here so I can use types of people. Mr. MCINNIS (during the special these posters, rule No. 1, before we pass The key, driving thing was, how can order of Mr. SOUDER), from the Com- a bunch of new laws, is, how about we we raise more money so we can put mittee on Rules, submitted a privi- start in this campaign finance reform more ads up. Do not worry about the leged report (Rept. No. 105–282) provid- with follow the current law. Because it details. Drop the background checks, ing for consideration of the bill (H.R. does not do a lot of good if in this in spite of the advice they were getting 1370) to reauthorize the Export-Import country we pass a bunch of laws but from different people regarding individ- Bank of the United States, which was then we ignore those laws. uals that were coming. The key thing referred to the House Calendar and or- As I suggested the other day, if the was, can they bring in money, will they dered to be printed. President wants to have a special ses- give the party money. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8131 One other thing in looking at this somebody else. That is law violation suading witnesses to return from safe cast of characters, it is not clear be- No. 1. havens in Beijing and other places cause we have not at least found a Law violation No. 2 is if that person committed to MFN, religious freedom, memo regarding this yet, whether or then gets refunded their money from and human rights. not all these people who have been somebody who is not an American citi- No. 6, to learn at long last who hired bringing the funds in, whether we have zen, from an overseas thing. And it is Craig Livingstone and who is paying seen the exhaustive list. clear that that is what happened to the fees of his attorneys. I sit on the For example, what exactly does it this administration, because it had to Government Reform and Oversight cost if you want to see the President give the money back. Committee. I got to actually ask ques- and somebody from the Department of For example, we have seen the con- tions of Craig Livingstone and ask him the Interior? Does that cost more certed efforts by foreign contributors who hired him. It was quite the experi- money? What if you want to see the and governments to generously support ence. He did not come in for a tour at President and somebody from the De- Clinton-Gore. We have watched them the White House. He did not even come partment of Treasury? What if you use executive branch officials and fact- in to work at the receptioninst desk. want to see two cabinet officials? What finding to raise money overseas. It is He came in to be charge of security at if you have a case pending in front? against the law, and it was supported the White House. Yet he doesn’t know What if you are from a foreign country with taxpayer dollars. President Clin- who hired him. that maybe has minerals that you want ton and the Democratic Party received He said under oath that it was the an international exclusive on, and more than $75 million in Federal funds goal of his life to some day work at the maybe you would like a wilderness during the 1996 campaign, and the infu- White House, that he worked in many area? It is not clear how these things sion of Federal matching funds pro- low level campaigns, got what a lot of interrelate, and a lot of documents are vided additional fuel for their fundrais- people would consider to be dirty jobs missing or have yet to come clear. ing obsession. We have never seen this in those campaigns in order to some Hopefully we will have some people level of use and abuse of the system. day have a chance at working his way with the courage that we had under the A friend of mine who is a historian, a up and maybe working at the White Nixon administration, when clearly former history professor, made a list House. So he finally gets to the White they were attempting to cover up. for me of 10 reasons for a special con- House and he does not know who hired Democrats and Republicans joined to- gressional session on campaign finance him. gether to try to find the truth. It was reform to determine whether the Clin- I asked him, because he had been say- not a partisan event. Sure, the Demo- ton administration has set a record for ing all day he did not know what all of crats were very partisan against Nixon. the largest number of officials under us know, who our early supporters We would expect them to be partisan investigation in American history. were, especially if it was your dream to Runners-up, Grant, Harding, and against Nixon. Members might expect get to the White House, I said, who did Nixon. Harding just appeared not to me and other Republicans to be par- you say thank you to. Are you so un- know what was going on. He never tisan against the President. grateful that you never told thank you claimed to be a detail-type person. But where are the Democrats speak- to anybody who hired you? And he General Grant had good days and bad ing out against President Clinton, like hung his head down. And I want to say days, depending on other things in his the Republicans did against Nixon? that I believe he felt badly. I do not personal lifestyle. So while they were Where are the staffers whose con- know what intimidation was on him. I accountable for what went on under science goes to the country as opposed do not know why he would not give up them, they did not claim to be micro- to their boss? Are they so intimidated? the information. He just said, I do not managing, like our current President Are they so dulled to the sense of de- know who hired me. and Vice President, who said they were My next question was relatively sim- cency that they are not coming forth? going to reinvent government and were ple as well. The American people are Or have people learned so much from going to be hands-on President and watching and they know, as visitors in Watergate that maybe they did not Vice President. Of course, Nixon we all the gallery know, that if you go to the leave as many messages as they did in know about. And maybe Nixon was as White House and want to take a tour, the old days? Quite probably they did bad as Clinton, but he does not have or they do checks on you. If we, as Mem- not tape the conversations at the did not have quite that number of peo- bers of Congress, want to go over, they White House like they did under Nixon. ple under investigation. But we need to have ways to find out, No. 2, of the 10 reasons for a special do checks on us, if we take somebody because it certainly is clear that the congressional session on campaign fi- through, they run background checks administration did everything they nance reform, to find out if the Amer- on us. He was coming in to be head of could to get as much money as they ican timber industry is large enough to White House security and he did not could. They backed off of the clear- handle the paper needs of the special know who hired him. I said, who let ances of the people that were coming prosecutors, grand juries, and congres- you in the door. He gave me the name in. They clearly had coffees, for which sional committees looking into the of the receptionist. I mean this is a joke. This is abso- they had a going price. deeds and misdeeds of the Clinton offi- They took the Lincoln bedroom from lutely ridiculous. We kept the ques- cials. After all, as an environmentalist, the days of just a few people going tioning up. And later one of the former he needs to be concerned about all the there, friends, other dignitaries. I counsels at the White House ventured paper we are using and all the trees think, if I recall right off the top of my that maybe Vince Foster hired him. Do that are being chopped down for all head, President Bush had maybe 8 to 10 you know what? Every time we came these investigators. major contributors there. And they to a tough point in the travelgate hear- took it to a system, a production line b 2100 ing, every time we came to a tough of people who could give the money to Maybe he could call a special session point in whatever investigation we the President of the United States, and to enable Paula Jones to address us on were going through, the FBI files, who get to stay in the Lincoln bedroom. sexual harassment at the workplace. hired Craig Livingstone, whenever the They took all these things to a new That would make about as much sense pressure got toughest, they blamed it high effort. as the President calling us into session on the dead guy. Either Vince Foster In the foreign contributors, there is a on campaign finance reform. was carrying tremendous baggage or lot of debate about what the lines are No. 4, to commission Arthur Schles- some people are really abusing Vince in foreign contributions. Can you do inger, Jr. to conduct a government Foster, who is no longer with us to de- this? Can you do that? But there are funded survey in which noted histo- fend himself. So maybe we could learn some lines that are crystal clear. For- rians assess ‘‘distinguishing character- in a special session who hired Craig eign governments cannot put money istics’’ of the 42 men who have been Livingstone. into campaigns. Furthermore, you defi- President. No. 7, to charge the civil Rights Com- nitely cannot have somebody who is No. 5, to ascertain why the adminis- mission with investigating whether not wealthy give money on behalf of tration has had such difficulties in per- Gennifer Flowers was actually retained H8132 CONGRESSIONAL RECORD — HOUSE September 29, 1997 as an Arkansas State employee at the around trying to get the contract for Subandi Tanuwidjaja, in Indonesia, expense of a more qualified minority the travel office. What he really wants gave $80,000 to the DNC for a dinner applicant. is the contract for travel for his agency with Clinton, which may have come No. 8, to permit Roger Tamraz to fuel for all the different branches of the from wire transfers from his father-in- all the automobiles retained by Mem- Federal Government which, rather law, Ted Sioeng, who lives in China. bers of Congress and their staffs in re- than just the small travel office budg- Arief and Soraya Wiriadinata, Indo- turn for attending all the receptions et, is now millions and millions of dol- nesian couple who gave the DNC held in the Rayburn building for a year lars. And we see this unfold first in the $450,000 after the receipt of a $500,000 with an overnight stay in Statuary Travelgate. Because we are looking at wire from Soraya’s father, a co-founder Hall. the Travelgate, we find out about the of the Lippo Group. No. 9, to commission the printing of files. And we are looking at the files It knows no country. John H. K. Lee, the motto ‘‘no controlling legal au- and we find out about Craig Living- South Korean businessman, president thority’’ on all letterhead charged to stone. of Cheong Am America, Inc., DNC re- the House Ethics Committee, the Sen- It is just like what is now starting to turned $250,000 to Cheong Am. ate Judiciary Committee, and the De- happen, when we start to unravel the Antonio Pan, ex-Lippo executive and partment of Justice. money, part of the reason this is so friend of Charlie Trie and John Huang No. 10, present the Congressional confusing to the American people is who delivered cash to individuals for Medal of Honor to Mary Heslin, lately you start, you go, wow, there is money conduit payments. of the National Security Council, for from China here and some arms dealer And then there is Ted Sieong, father daring to attempt to preserve the and such-and-such, and the next thing of Jessica Elnitiarta, who donated honor and integrity of the presidency you are over in Indonesia and next $100,000 to the DNC. He is reportedly from the corrosive clutches of its thing it is happening from Thailand. connected to the Chinese intelligence present occupant and to ban all Oh, Taiwan, too. And pretty soon you community. Georgetown bar bouncers from obtain- have people confused because it is com- Then there are the witnesses who ing access to her FBI file. ing from about every major country in have pled the fifth amendment to the It is really scary, when we go the world that has any business. You House or Senate committees. John through. In the Nixon administration, have all these different people pouring Huang, former DNC fundraiser, Com- Chuck Colson went to prison because money in left and right. It is no wonder merce Department official and Lippo he had one FBI file. When we went the American people are confused as to Group employee who solicited more through the FBI files in our committee the particulars. than $1 million in questionable con- and we started asking, I remember one I have a couple of other charts here. tributions. of the early questioners asking one of This is a list of witnesses who have fled Jane Huang, wife of John Huang, her the former attorneys at the White the country. Charlie Trie was last seen name appears on DNC documents as a House if he knew Craig Livingstone in Beijing, China. He is a former res- solicitor of some DNC donations while and he looked around and said, I met taurateur and old friend of President Huang was at Commerce. him once. He reported to me but I did Clinton who tried to give $640,000 in Mark Middleton, former White House not really know him. Then they asked suspicious contributions to the Presi- Deputy Chief of Staff, who became an him if he knew Anthony Marceca. He dent’s legal expense trust. Part of the international businessman, worked reason it is hard for our committees to looked down the thing, no, never met with the Riadys and Trie. Maria Hsia, lay this out is it is not like China is co- him, never saw him. He later, to an- Taiwan-born consultant who helped operating and it is not like the banks other question, said, yes, the FBI files Huang organize the temple fundraiser. in China are cooperating, and it is not were under my office. The FBI files Manlin Foung, sister of Charlie Trie, like Charlie Trie is cooperating. So it were never looked at by anybody. No- was given thousands of dollars to do- is a little hard to get all this informa- body looks at these, these were under nate to the DNC in her name by Trie. tion. Livingstone and Marceca’s control. So Joseph Landon, Manlin Foung’s I think you will see, as the House in- former Congressman Bill Martini asked friend, was given thousands of dollars vestigations start this fall and go the question, Mr. Nussbaum, under through next year, that we will hope- to donate to the DNC in his name by oath, you earlier said that you had met fully get more of this. Pauline Trie. Craig Livingstone one time. You never David Wang, made $5,000 contribution Kanchanalak, in Thailand, had $235,000 met Anthony Marceca; you did not in DNC contributions returned because to the DNC at Trie’s request. Nora and Gene Lum, fundraising cou- know him. Yet you also said under she could not verify that she was the ple who pled guilty to violations of oath that all these files were never vio- source. In other words, we are already lated, nobody looked at them and does seeing this money being sent back. It is Federal election laws. These are people to pled the fifth, re- not that seem to be a contradiction? not like it is a dispute whether the membering that rule No. 1, before we And Mr. Nussbaum said, the reason I funds were legal. He is telling us he can say that is I know nobody in our wants campaign finance reform when do campaign finance reform, is follow administration would stoop so slow as rule No. 1 is this, follow the current the current law. Do you know what? to look at any of those files. law. Generally speaking, I am not an attor- It is like, come on, guys. If you have The current law seems to be, in the ney. I know some of my friends here to- hundreds and hundreds of files scat- eyes of this administration, if the Sen- night are attorneys. It does not mean tered through various staffers, they ate investigators or the House inves- you are guilty because you plead the had interns having these files with tigators turn up the funds, send it back fifth. But it means you are not being background information that they had fast. That seems to be what is happen- very cooperative in trying to find out checked on Republicans, people they ing. We are seeing very little money the truth, and it does not look particu- had no business even investigating in sent back until we uncover it in one of larly good. the first place yet alone looking at the committees. Then they send it The next name on here, Webster Hub- their file. They do not know who hired back. That is not the law. The law bell, already is coming out of jail, the national security advisor who most says, do not take the illegal money and former Associate Attorney General, of his qualifications were that he had send the illegal money back, not until not the kind of person you want to see been a dirty tricks person in large part Congress discovers it. go to jail or that kind of ups your con- in different campaigns. They have in Third, Ming Chen, a businessman in fidence in the President that he would Travelgate, when we got into that, you Beijing, China, runs Ng Lap Seng’s res- put in an Associate Attorney General look at that and see that what the taurant business in that city and is the who goes to jail, received hundreds of whole deal there was is first you have husband of Yue Chu. thousands of dollars from Lippo after a girlfriend of a staffer getting a deal. Agus Setiawan, Indonesian employee leaving the Justice Department. Hsiu Then you realize that a friend from Ar- of Lippo who signed many of the Luan Tseng, a Buddhist nun at a Ha- kansas is trying to get, without White checks to the DNC drawn on Lippo af- waiian temple who contributed to the House security clearance, is wondering filiates. DNC at the Hsi Lai temple event. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8133 Judy Hsu, Buddhist nun who contrib- parts of the world to let them think cess to a government building or to uted at the temple event. they have to give money to the Presi- government services in return for cam- Yumei Yang, Buddhist nun who con- dent’s campaign committee and the paign contributions. tributed at the temple event. President’s party in order to do busi- There were, I think, 103 White House Seow Fong Ooi, Buddhist nun who ness with the United States. They coffees held with the President, telling contributed at the temple event. should be up front and say, we do busi- them they could come to the White By the way, either nuns make a lot ness fairly here. We do not have things House and have coffee with the Presi- more money than I thought they did, for sale in this country. We have a dif- dent for $500,000. It seems to me we or we have a serious problem here. Jen ferent standard than the rest of the turned this place into Starbucks on Chin Hsueh, gave $2,000 to DNC, listed world. And instead, we abuse people Pennsylvania Avenue. address as home owned by the temple who may not have known, who had al- Let us talk about another one. 18 but does not live there. Jie Su Hsiao, ways looked to America as a country United States Code section 607 specifi- Buddhist nun who contributed at the different in the world, a country that cally says it is a Federal crime to so- temple event. was not corruptible. And they went and licit campaign contributions in a Fed- Gin F. J. Chen, DNC donor at a fund- used these people, even in their own eral building. On that one we have AL raiser at Washington’s Hay Adams Buddhist temple. They used these peo- GORE on at least 86 different solicita- hotel who may have been reimbursed ple to get their money and to then use tion calls from the White House. by Hsi Lai. it for campaign purposes to stay in We also have a fascinating note, that Hsin Chen Shih, DNC donor at a fund- power. It is very difficult, I feel bad if maybe the gentleman has put it up or maybe he has not put it up, where a raiser at Washington’s Hay Adams I mispronounce these names but there White House staffer makes a note that hotel who may have been reimbursed is a whole bunch more from there. BC made 15 to 20 calls and raised by Hsi Lai. b Bin Yueh Jeng, Taiwanese national 2115 $500,000. Now, BC, I suppose we could be who, at John Huang’s urging, gave I could go on, but I see I have been talking about the cartoon character BC $5,000 to the DNC. joined by a few of my friends here. I who I used to read about. We could be Hsiu Chu Lin, employee of Hsi Lai, will yield to the distinguished gen- talking about Bill Cosby. who gave the DNC $1,500. tleman from Arizona [Mr. SHADEGG]. Mr. SOUDER. Or Boston College. We Chi Rung Wang, a California man Mr. SHADEGG. I would be happy to should not be so judgmental. Mr. SHADEGG. Boston College. who gave DNC $5,000 at the temple join in this discussion if the gentleman There could be that other remote possi- fundraiser. would yield. bility, that when it says on a staff note Noland Hill, business partner of the One of the posters the gentleman put written in the White House, written by late Secretary Ron Brown. up is one that strikes me a great deal David Strauss, ‘‘BC made 15 to 20 calls Yogesh Ghandi, while receiving in this debate, and if he will put it and raised $500,000,’’ there is at least a $500,000 in wire transfers from a Japa- back up, it says, first rule, follow the slim chance, I would suppose, and nese bank, contributed $325,000 to the current law. maybe I could ask my colleague if he DNC. I notice we are now debating on the These are people who pled the fifth set-aside the whole issue of campaign wants to comment on this, that BC did amendment. They do not want to talk finance reform, and there is this hue not refer to Bill Cosby or Boston Col- to us about it. Jane Dewi Tahir, college and cry that we really ought to be re- lege but Bill Clinton. Mr. SOUDER. Especially when we student related by marriage to the vising our campaign laws because, look at the—it is hard to read the Riadys who received $200,000 in wires clearly, this episode demonstrates that small print, but it is talking about the from the Lippo bank and gave $30,000 to we need to rewrite the law. And yet, as $5 million needed by year’s end, refers the DNC. the gentleman shows there, rule No. 1, to other specific individuals, and then Duangnet Kronenberg, sister-in-law follow the current law, it kind of it said BC made 15 to 20 calls, raised 500 of Pauline Kanchanalak, attended a makes me wonder what is the point of K. Hard to believe that would not be coffee at Vice President GORE’s resi- rewriting the law so that we have a Bill Clinton. new law if they did not follow the old dence. Mr. SHADEGG. We are trying to Maria Mapili, employed by Trie, fa- law. Why do we think they will follow bring some light to this discussion and miliar with wires he received from Ng the new law? It is kind of amazing. maybe some humor here, maybe we Lap Seng. I know the gentleman talked about should do a national call-in, where we Jou Sheng, gave DNC $8,000 listing a legal authorities. I am an attorney, put up a 1–800 number and ask the Maywood, CA, Buddhist temple as his and I was proud to make my living in American people how many people address but does not live there. that field before coming here, but in think BC in that note refers to Bill I want to make it clear that these that regard, and just to touch on follow Cosby or Boston College or the cartoon people at the Buddhist temple, they the law, let us talk about AL GORE’s fa- character BC or somebody other than may or may not have known what the vorite phrase: The controlling legal au- Bill Clinton; and how many think American laws are. That is the respon- thority. And guess what? There is some maybe BC in that White House note re- sibility of the people soliciting the in this area. As a matter of fact, there fers to 15 to 20 calls raising $500,000 by money. It is the responsibility of the are a number of statutes that touch on BC, referring to Bill Clinton. Democratic National Committee, the these practices quite directly. Mr. SOUDER. Kind of a credibility Vice President of the United States, For example, 18 United States Code test. the President of the United States to section 201 outlaws bribery in this Mr. SHADEGG. We could do that and know the law. country. Now, whether or not we quite let the American people call in and tell And I personally want to make it have the facts to establish bribery, us what they really think. clear that it would be very easy to whether they will come out before the To continue the theme of mentioning make this seem like somebody is anti- Thompson hearings end, whether they a few controlling authorities that the Asian or anti these countries. That is will come out in the course of the Bur- Vice President did not happen to no- not the case here. The question is what ton hearings may not be clear, but tice. were the leaders of this country doing there is a law here that says bribery is Mr. SOUDER. Did the gentleman when they know the law, as every one wrong. mention the HRC? of us know the law, soliciting money But let us talk about some others Mr. SHADEGG. The gentleman can and taking advantage of people who where we do have some pretty clear talk about the HRC. think that that is how the U.S. Govern- evidence. Mr. SOUDER. Well, there is one here ment works? How about 18 United States Code sec- that says HRC was making calls, too, It is an insult to our Nation and a tion 600, which prohibits the use of gov- which I assume is the human resources shame on our Government that they ernment offices for political purposes. counsel. I would not want to jump to would use these other countries, use How about that same section of law the conclusion it was Hillary Rodham how they may have to deal in other that says it is a crime to promise ac- Clinton. H8134 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Mr. SHADEGG. Hillary Rodham Clin- watching understands this is a little neously public so that they could be ton? Oh, no, I am certain that is a coin- tongue in cheek. old news by the time the hearings were cidence. I doubt if it would be Hillary We did discover a rather tongue-in- held, and we brought them out and Rodham Clinton. cheek memo from the White House, ac- brought them to light and pointed out, Mr. SOUDER. It is against the law. tually probably not crafted in the oh, by the way this sentence in the They would not do that. White House because I doubt they deposition demonstrates a crime. Mr. SHADEGG. No, that is right. would let this memo out, but it says Mr. SOUDER. Then the President That is in the same note where it said ‘‘Clinton White House Lessons Learned says it is old news. ‘‘They already BC made 15 to 20 calls and HRC is mak- in the Campaign of 1996.’’ proved I did this immorally and ille- ing calls. I doubt if that is Hillary I thought the gentleman mentioned gally.’’ What is news about this? Rodham Clinton. I am certain it is just some humorous things his friend had Mr. SHADEGG. If it was leaked last someone else who happens to have sent him, and so I thought I would week or a month ago, it is old news, similar initials. mention a couple of these things that I even if it is just now revealed to show Mr. SOUDER. We will probably dis- thought were rather pointed in the a crime. cover it after the statute of limitations vein of Clinton White House lessons I thank the gentleman and give back runs. learned in the campaign of 1996. my time. Mr. SHADEGG. No doubt shortly First, lesson No. 1, ‘‘Blame it all on Mr. SOUDER. I yield to the gen- after the statute of limitations. the DNC chairmen.’’ tleman from Michigan, who has been a Just, again, reclaiming the time the Lesson NO. 2, ‘‘Don’t give back ille- leader in a lot of these issues in trying gentleman has yielded to me gra- gal money until it’s discovered in a to root out corruption in government. ciously, AL GORE, in his perusal of the Senate hearing.’’ Mr. HOEKSTRA. I thank the gen- statutes, could not find a controlling Lesson No. 3, ‘‘Make sure all donors tleman for yielding, and I appreciate legal authority. My staff found yet an- know their 5th Amendment rights’’ some of this tongue-in-cheek tonight, other one they thought was interest- against self-incrimination. but I think we also recognize that this ing. Lesson No. 4, ‘‘The press won’t cover is very serious business, and recently 18 United States Code, section 641, the truth until after the campaign.’’ we have encountered another whole as- which talks about converting Federal Lesson No. 5, ‘‘Spin illegal inter- pect of what may be corruption in the property to a private use. That, of national contributions as ‘foreign in- administration. We know that there is course, brought to my staff’s mind the vestment,’ helping the trade deficit, corruption. idea that there was a notation, I be- pro-labor.’’ What I am talking about is an action lieve, since we are talking about nota- Mr. SOUDER. That is a good point, I that the House took here last week, on tions on House documents, that said never thought it as helping to balance Friday, and we also took a similar ac- quote, ready to start overnights right the trade. Get some of our money back. tion the week before, and it deals with away, and was signed President Clin- Mr. SHADEGG. We are trying to help the Teamsters Union, where in 1996 the ton. out the economy. Helps the trade defi- Teamsters had another election for a President Clinton. Now, those ini- cit and the labor movement. Teamsters president. tials BC, Bill Clinton? That would be Lesson No. 6, ‘‘Sprint has the best The election cost somewhere in the the same one? rate for international calls.’’ neighborhood of $20 million. And it is Mr. SOUDER. Maybe it was supposed Mr. SOUDER. That is good to know, kind of like, well, I really hope that to have a P in front of this one. if I ever make one. when the Teamsters run an election Mr. SHADEGG. PBC? Mr. SHADEGG. If we are going to and they spend $20 million, that the Mr. SOUDER. Well, maybe it was Bill call overseas to get a contribution, use Teamster members are entitled to a Cosby. Sprint, it is cheap. fair and honest election, and there are Mr. SHADEGG. There was one last Mr. SOUDER. They have done our Federal laws in place to make sure one. The gentleman was just talking field work for us. that that happens. about the use of the Buddhist temple Mr. SHADEGG. Lesson No. 7, ‘‘Never But there is one slight difference and the innocence of the people there. put it in writing.’’ with the Teamsters election in 1996, in We found one more controlling author- This one AL GORE should have that the Teamsters did not pay for the ity that our friend Mr. GORE might learned. Obviously, he does not have election in 1996. They did not pay for want to take a look at. friends. their own election. They did not pay It was 18 United States Code, section Lesson No. 8, ‘‘Friends don’t let for the printing of the ballots, they did 371, and 26 United States Code, section friends call from work.’’ not pay for the counting of the ballots, 7201, which similarly make it a crime And one that touched on the point they did not pay for the facilities that to misuse a tax exempt organization the gentleman went into at length were rented, they did not pay for the such as, for example, a Buddhist tem- about what happened in this Buddhist campaigns; none of these things. The ple which has tax exempt status. temple, and the fact that people there sad thing was, in 1996, and over a period Mr. SOUDER. If the gentleman will were extremely generous, as a matter of about 21⁄2, 3 years, the American tax- yield for a second, I need to make a of fact. This is an important Clinton payers spent about $20 million, the brief point before yielding to the gen- White House lesson learned in the American taxpayers spent $20 million tleman from Colorado. course of the campaign of 1996: ‘‘Monks to pay for a Teamsters election. Earlier the gentleman mentioned the may not be as poor as you think.’’ The Teamsters election was com- White House coffees and the $50,000 for Another one, ‘‘Don’t settle for less.’’ pleted in December 1996, the ballots the coffees and mentioned Starbucks. Yet another, ‘‘Never sell the Presi- were completed, counted early in 1997, Starbucks is $1.27 for me. I did not dency for less than $50,000,’’ unless of and on August 22 the election officer want people to think coffee at course you can get $50. who oversaw the election process over- Starbucks was the same as coffee at Another one, ‘‘Felons deserve a sec- threw the election. She looked at the the White House. ond chance: Donor mentoring.’’ election, looked at the charges that Mr. SHADEGG. Good point. So coffee ‘‘The CIA can’t keep a secret.’’ were made, and said this was a fraudu- at Starbucks is $1.27, coffee at the Mr. SOUDER. That is something we lent election and we are going to throw White House is $50,000. just recently learned in these hearings. it out; meaning we have to do it over Mr. SOUDER. Madam Speaker, I Mr. SHADEGG. The last one, and I again. yield to the gentleman from Arizona will conclude: ‘‘Leak it as soon as you Mr. SOUDER. Reclaiming my time, I once again. know it, so that before the hearing you want to make sure that I and those lis- Mr. SHADEGG. If I could, briefly, can call it old news.’’ tening understand this. Was it Con- while we are on this point, and then I That one we watched play out last gress’ intent to pay for that election? will be happy to yield back. We are try- week, where it was very important in Mr. HOEKSTRA. No, we do not think ing to bring some light and make this the Committee on House Oversight so. It was a consent decree in 1989, a little humorous, so I hope everyone that we make all depositions instanta- where the Justice Department reached September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8135 an agreement on a series of steps and here in this House and drive the agenda This House stood up and said, no activities to root out corruption out of here in Washington, who all of a sud- more. We will supervise the election. It the Teamsters and required a demo- den started getting extraordinarily is our job to make sure that the Fed- cratic election for the president of the large amounts of dollars from the eral laws are enforced. That is our re- Teamsters in 1991 and another election Teamsters. sponsibility. That is the people’s rein 1996, and it was optional for the Jus- This is now the union money, funds sponsibility. But it is not the people’s tice Department or the executive coming to the union headquarters in responsibility to pay for the printing branch to decide who was going to pay Washington and being sent somewhere and counting of ballots and to run the for the election in 1996. with the understanding that if we send internal operations of the union. you some money, oh, look, they gave b 2130 This is an interesting situation. We me some money. are going to be taking, I think both of In 1991, the Teamsters did exactly the Mr. SOUDER. Reclaiming my time, our committees are going to be taking right thing, they said this is an inter- is that because the union dues could an additional look at this because of nal operation. We would like Govern- not be used directly for Mr. Carey’s the involvement of taxpayers’ dollars, ment Oversight to make sure that Fed- election? the overthrowing of the election, and eral laws are adhered to and those Mr. HOEKSTRA. That is because the how it may have gone into other par- types of things. The Teamsters paid for union dues could not be used directly ties of the campaign process in 1996. their own election in 1997. It was a for the election of Mr. Carey. So they Mr. SOUDER. Reclaiming my time, I good, fair, clean election. The people were laundered through campaign or- want to yield, if the gentleman will, for that we have interviewed and told us ganizations with a quid pro quo, you do a couple more questions just to reit- about that said it was a good election, this for me and I will do this for you. erate, because it is confusing to a lot of The end result is what do we have? 1996. people how this occurred. Somewhere around 1993, 1994, we do We have $20 million of taxpayer money As I understand what the gentleman not know exactly who or where, but that is right down the drain. We know said, is that somewhere along the line, that when the Teamsters ran their own somebody said do not worry about that around 1994 or thereabouts, the Justice election, they ran a clean election. $20 million, Teamsters. The Federal Department decided that the taxpayers When the Federal Government and this Government is going to pick up that should pay for the election, which had administration got involved in the tab. We will pay for it, and who knows the Teamsters pay for it out of their process, we spent $20 million of tax- what you are going to do with that own dues, would not have left as many payers’ money and all we got was an il- other $20 million, but the Federal Gov- dollars for the then President to go out legal election. ernment will pay for the election. We and cut sweetheart deals with contrac- run the election, and 9 months later we So we know that the Teamsters election was full of illegalities. That is why tors and with the Democratic Party in throw it out. return for them giving money to his Mr. SOUDER. Reclaiming my time, it was overthrown. We know that there were lots of dollars that were funneled campaign. as my colleague has pointed out re- In other words, if the dues had been peatedly in other issues, there really is out into congressional campaigns, meaning that I believe that there were used for a fair election, perhaps A, the not a Federal Government. That is president of the union might not have your people in the district of Michigan many congressional campaigns that we can accurately describe as being taint- won, unless he wasted all his dollars in and mine in Indiana that paid for that ed elections because the dollars got the campaign, and B, there are Mem- election. You are telling us that the into those elections in an illegal way. bers of Congress whose elections may Justice Department decided that we So we have got tainted Teamsters elec- have been different. were going to pay for the Teamsters tions. We have got tainted congres- Is that what you are, in effect, say- election. sional elections. And we have $20 mil- ing? Mr. HOEKSTRA. That is correct. lion of taxpayers’ money right down Mr. HOEKSTRA. We are saying that, Mr. SOUDER. And then after, in ef- the shooter. as a result of the American taxpayer fect, deciding for us that without a I just want to add one thing, what we picking up the tab for the 1996 election, vote that we were going to pay for the did last week, in a very surprising vote, the American taxpayer spent $20 mil- election, they were overseeing the elec- is Congress finally stood up twice in lion that the Teamsters organization tion that they now say is corrupt? the last 10 days and said, we are not did not have to spend itself. I do not Mr. HOEKSTRA. That is absolutely going to pay for the rerunning of the know what they did with that money, correct. What has happened, and I Teamsters election. We are going to where that money went. But I think it thank the gentleman from Indiana [Mr. follow the current law. We can run a is a question that is worth asking. SOUDER] for clarifying this. I was right, Teamsters election fairly. We know Just as a side note to this, not only the Federal Government paid for it. that we did that in 1991. We do not need did the American taxpayer pay for the You were more correct because, you any change of the law to have Team- Teamsters election in the U.S., now know, when we in Washington spend sters get a fair election. All we need to think about this, the American tax- $20 million, it is not our money, it is do is follow the existing law. payer paid for the printing of ballots, taxpayer dollars. It was about $50 a In the last 10 days, this Congress and paid for the counting of ballots in Can- vote for every vote cast is what the the other body on one occasion have ada. We paid to run the private inter- American taxpayers paid for the Team- said, we are not going to pay for any nal organization of the Teamsters not sters election. more internal operations of the Team- only in the U.S., but also in Canada. Now, the interesting thing is how did sters. But increasingly, in both cases, Unbelievable. the election officer determine to make we had almost 190 Members of this Mr. SOUDER. Reclaiming my time, I this serious, you know, change in pol- House say, oh, yeah, we will let the guess it kind of counters the point that icy that said, I have reviewed the elec- taxpayers pay for the rerun of this the gentleman from Arizona [Mr. tion, and there is such corruption in election. We have the Justice Depart- SHADEGG] was making earlier about the this election I am going to throw it ment and Labor Department right now balance of trade. We were getting out. And what she found in this process figuring out ways to get some money, money in illegal contributions, but we was that there was money laundering. the money we did not spend in 1996. were taking taxpayer dollars to pay for There was money laundering to ven- We are collecting some fines and pen- elections overseas. dors who would bill the Teamsters for alties. Why are we collecting fines and My colleague would know this more certain activity, never complete the penalties? These are not wild allega- than I, but my understanding was that activities, but get paid for it and fun- tions. There are three people that have the losing candidate actually carried nel money back into the campaign of already pled guilty and have been fined the Midwestern States, where we are Mr. Carey. and the Justice Department saying, from, and lost the Canadian vote which There were political action commit- wow, here is some more money coming we funded. tees, organizations, whose primary in- in, these people who will pay for the re- Mr. HOEKSTRA. If the gentleman tent and focus is to drive the agenda running of the election. would continue to yield, I believe that H8136 CONGRESSIONAL RECORD — HOUSE September 29, 1997 if the Teamsters election had only been test will cause people to teach to the standard and national agenda that the an U.S. election, the result would have test, does that not simply say that people in Arizona do not really like. been different. But because the Amer- when the President picked objective b 2145 ican taxpayer picked up the tab for the areas, such as math, and not more sub- Canadian election, the result was dif- jective areas, such as social studies, Mr. HOEKSTRA. The problem gets to ferent, and that is what pushed Mr. that that really should solve the prob- be, and we have had hearings around Carey over the top. lem about national testing, we will test the country in my subcommittee. I And just a quick correction, before English and we will test math and chair an oversight subcommittee, and we get inundated with faxes, a correc- there are black and white, right and we have been taking a look at edu- tion, Canada is not overseas. wrong answers and we will see how cation. Mr. SOUDER. It depends on how you kids are performing and we will not get Mr. SHADEGG. Did a hearing in my define the Great Lakes. As a police into the subjective areas like history? district in Arizona. Midwesterner, those are big lakes to And I point out to them that, while Mr. HOEKSTRA. We have been in Ar- us. that sounds good, reasonable, rationale izona, and we also went to Delaware, Mr. SHADEGG. Mr. Speaker, if the people ought to be deadly opposed to and the reason I bring up Delaware is, gentleman would yield, at the risk of National testing. And this article Delaware is the size of one of our con- changing topics, and I think that is a makes it clear why: Because there are gressional districts, all right? So, you vitally important issue about which we not black-and-white areas in today’s know, Delaware said, we want a State are all concerned and it fits with the Washington, D.C. Education Depart- test, and what Delaware did is, they theme of this hour, I notice we are run- ment under Bill Clinton. spent 3 years starting at the grassroots ning out of time, and I wanted to take And here is the point: The article by level to develop a State test. Remem- a moment, both of my colleagues are Lynne Cheney in today’s Wall Street ber, one congressional district; Michi- on the Committee on Education, to Journal, and I hope my colleagues all gan has 16. It took them 3 years to de- raise a separate issue that was raised have read it and I hope America will velop a test, because they wanted to at the end of the last hour, and ask read it, talks about a gentleman by the get parental by, and they wanted to get each of them to comment on it, be- name of Steven Leinwand. He sits on teacher by, and they want to get school cause I think it is an issue that the the committee overseeing President administrator, business community. American people need to know about. Clinton’s proposed national mathe- They wanted the State to accept the My questions tonight arise out of a matics exams. He has written an essay, test. Bill Clinton wanted to take 10 Wall Street Journal column that ap- and this gentleman is mainstream, new months and, top down, drive a test and peared today that I hope each of my education, Washington, D.C. expert. In impose it on all of America, on every colleagues have seen. It is a column by the essay he explains why it is ‘‘down- school, on every child, and have them Lynne Cheney, and it carries the cap- right dangerous’’ to teach students test, the exact wrong. It is the ‘‘Wash- tion ‘‘A Failing Grade for Clinton’s Na- things like 6 times 7 equals 42. He says ington knows best’’ mentality rather tional Standards.’’ If I could, I just it is downright dangerous to teach stu- than doing a grass, which is going on in would like to talk about this article for dents the multiplication facts. the States right now; States are devel- a moment because it is so compelling Now why does he say that is dan- oping tests, and it is a grassroots, bot- to me. gerous? Because such instruction, tom-up type of move, not good enough I have a 15-year-old and an 11-year- teaching kids their multiplication for our President. Bill Clinton wants to old at home. As a matter of fact, just facts, ‘‘sorts people out,’’ Mr. Leinwand be the expert, says, I am going to de- before coming over here to the floor, I writes, ‘‘annointing the few who mas- velop a test, I am going to impose it on was on the phone with my 15-year-old ter these procedures and casting out everybody. and asking her some questions, and she the many.’’ His basic principle is, we Mr. SHADEGG. Reclaiming my time, was working on her homework and cannot teach math to kids because top down is just dead wrong. doing a small project for me. Nothing some kids will learn the answer, 6 I want to rebut one other argument is more important to me than their times 7 is 42, and some kids will not in support of national testing, and that education. And I am deeply interested learn it; and the kids who do not learn is, the proponents of this idea said, that they get a good education and get it will feel bad. Now, if that is the kind well, States can opt out, and Lynne ahead in this life. of mindset that is going to dictate Bill Cheney, in writing this article which I And that takes us to a debate that is Clinton’s national testing and the commend to all of my colleagues here at the fore of this Nation right now and teachers in America will be compelled in the Congress and to all of America, on which conferees between the House to teach to that, I think it is disas- points out that even if States choose to and Senate will be meeting very soon, trous. opt out, a Federal test will strongly in- and that is the question of national Let me conclude by pointing out, he fluence the textbooks because they are testing. The point I want to make here writes another test for an organization only a handful of textbook companies, is that I have reasonable friends at called the National Council of Teachers and they are going to write those text- home, very bright people at home, who of Mathematics; and they propose, books to such a national task. come to me and say, ‘‘Congressman, I through this committee, a national And it seems to me the whole notion do not understand. Why are you math exam that will avoid directly as- of, well, one or two States, Arizona, against national testing? Should we sessing certain knowledge and skills, can opt out; heck, Arizona opted out of not, as a Nation, want to know how our such as whole-number computation. He daylight savings time, one of, I think, students are doing and want to com- does not want kids to be able to do ad- only two States in the Nation which pare our kids in Arizona,’’ my home dition, subtraction, multiplication, or did. But in this field, where Arizona State, ‘‘with the children in other division because of this sense that just said, we do not want that national States across the country,’’ such as some of them will fail and some of test, the textbooks we would have to yours, Indiana. And I walk them them will feel bad. go purchase would be driven by that through this explanation. But this arti- And the organization says, in case top down Bill Clinton dictated, but I do cle really brings the issue home. this exam which they have written not care if it was Ronald Reagan dic- I point out to them that the sad re- might indirectly assess whether 8th tated top down, one-size-fits-all stand- ality is that teachers will teach to the graders can add, subtract, multiply and ard, and I think it is a mistake. test. And maybe that is not so sad. divide, the committee recommends Mr. SOUDER. Reclaiming my time, They want their students to do well. So that, even for those basic skills, stu- because I would like to kind of tie a if they know the content of the test, dents should have a calculator couple things together here, and one of they are going to say, ‘‘I better make throughout the entire time period. the things we are seeing is that what sure my students learn the content of This is just amazing to me. But that is has gone on in this country, it is hard the test.’’ why I think national testing, while it for us, many of us do not get up here So people say to me, okay, Congress- sounds good and sounds reasonable, is every day and talk, but it does not pass man, if you are worried that a national in fact an attempt to impose a national the laugh test. I mean a national test September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8137 where the person on the math board investigating this and in campaigning Control shall be funded at no less than does not want to do 7 times 6 equal 42, against this, and I enjoy working with $4,500,000: Provided further, That chapter 9 of because it might intimidate some peo- both of you on the different commit- the fiscal year 1997 Supplemental Appropria- tions Act for Recovery from Natural Disasters, ple that they feel left out or behind. tees. and for Overseas Peacekeeping Efforts, includ- The idea that the taxpayers are going I do not know if any of you have a ing those in Bosnia, Public Law 105–18 (111 to pay for a Teamsters election so the concluding comment here, too, but I Stat. 195–96) is amended by inserting after the Teamsters can use their money, the wanted to get that last comment in. No ‘‘County of Denver’’ in each instance ‘‘the leadership, to try to finance their own matter what area we look at right now, County of Arapahoe’’: Provided further, That race against what appears to have been whether it is Census sampling, national $200,000 are provided to conduct a comprehen- the majority of the Teamsters mem- tests, Teamsters election, campaign fi- sive study of gambling’s effects on bankruptcies bers of the United States, and we pay nance reform, it is hard for me to be- in the United States: Provided further, That for necessary expenses of the Office of Enforcement, for Canadian ballots, and then that lieve the American people are taking including, but not limited to, making transfers money goes and elects other Members this seriously. of funds to Treasury bureaus and offices for of Congress who claim they want cam- Mr. HOEKSTRA. If the gentleman programs, projects or initiatives directed as the paign finance reform. would yield, I think it is pretty excit- investigation or prosecution of violent crime, How about those members paying for ing we have made some progress on the $1,600,000, to remain available until expended, the Teamsters election who got and education issue again, but it is inter- to be derived from balances available in the Vio- benefited from the money of the Team- esting to watch the debate. In the Sen- lent Crime Reduction Trust Fund. sters’ members and the taxpayers of ate a couple of weeks ago, they passed OFFICE OF PROFESSIONAL RESPONSIBILITY the United States, and it flowed into a motion that said, they passed an SALARIES AND EXPENSES their campaign. How about following amendment that said we are moving For necessary expenses of the Office of Profes- the current law? sional Responsibility, including purchase and decisionmaking back. hire of passenger motor vehicles, $1,250,000: Pro- Another debate that we are currently f vided, That the Under Secretary of Treasury for having that I simply cannot fathom is CONFERENCE REPORT ON H.R. 2378 Enforcement shall task the Office of Profes- on the Census, because it is fine to use sional Responsibility to conduct a comprehen- sampling to try to set up and under- Mr. KOLBE submitted the following sive review of integrity issues and other matters stand where we are headed, but it is conference report and statement on the related to the potential vulnerability of the U.S. not fine to do the actual count man- bill (H.R. 2378) making appropriations Customs Service to corruption, to include exam- dated by the Constitution by guessing. for the Treasury Department, the Unit- ination of charges of professional misconduct That would be like going to the Clinton ed States Postal Service, the Executive and corruption as well as analysis of the effi- cacy of departmental and bureau internal af- administration political appointees Office of the President, and certain fairs systems. and saying, we are going to throw one Independent Agencies, for the fiscal AUTOMATION ENHANCEMENT out of every five of you in jail because year ending September 30, 1998, and for (INCLUDING TRANSFER OF FUNDS) we know at the end of this time, and other purposes: For the development and acquisition of auto- when we get through, done with every- CONFERENCE REPORT H. REPT. 105–284 matic data processing equipment, software, and thing, one out of five is going to jail. The committee of conference on the dis- services for the Department of the Treasury, They may have the wrong person, just agreeing votes of the two Houses on the $25,889,000, of which $11,000,000 shall be avail- like in the sampling that they have amendment of the Senate to the bill (H.R. able to the United States Customs Service for the had around the country, they may have 2378) ‘‘making appropriations for the Treas- Automated Commercial Environment project, of which $6,100,000 shall be available to Depart- ury Department, the United States Postal the people in the wrong State. That is mental Offices for the International Trade Data Service, the Executive Office of the Presi- real sad, but at least they got the System, and of which $8,789,000 shall be avail- dent, and certain Independent Agencies, for rough number calculated. able to Departmental Offices to modernize its in- the fiscal year ending September 30, 1998, and It does not pass a laugh test. Na- formation technology infrastructure and for for other purposes,’’ having met, after full tional tests do not pass the laugh test. business solution software: Provided, That these and free conference, have agreed to rec- funds shall remain available until September 30, The funding of the Teamsters election, ommend and do recommend to their respec- 1999: Provided further, That these funds shall which the gentleman from Michigan tive Houses as follows: be transferred to accounts and in amounts as has twice now had this House go on That the House recede from its disagree- necessary to satisfy the requirements of the De- ment to the amendment of the Senate, and record where, against the Census sam- partment’s offices, bureaus, and other organiza- agree to the same with an amendment, as pling, it does not pass the laugh test, tions: Provided further, That this transfer au- follows: and, quite frankly, the President of the thority shall be in addition to any other transfer In lieu of the matter stricken and inserted United States threatened to recall law- authority provided in this Act: Provided further, by said amendment, insert: That none of the funds appropriated shall be makers to the Hill so that we would That the following sums are appropriated, out used to support or supplement Internal Revenue have a special session on campaign fi- of any money in the Treasury not otherwise ap- Service appropriations for Information Systems: nance and the people here in the House propriated, for the fiscal year ending September Provided further, That of the $27,000,000 pro- who keep saying this, it is a joke, it is 30, 1998, and for other purposes, namely: vided under this heading in Public Law 104–208, an insult to the intelligence of the TITLE I—DEPARTMENT OF THE TREASURY $12,000,000 shall remain available until Septem- American people in a book, now dis- DEPARTMENTAL OFFICES ber 30, 1999: Provided further, That none of the counted because it did not sell that SALARIES AND EXPENSES funds appropriated for the International Trade great, called ‘‘Putting People First’’ by For necessary expenses of the Departmental Data System may be obligated until the Depart- Governor Bill Clinton and Senator AL Offices including operation and maintenance of ment has submitted a report on its system devel- GORE. the Treasury Building and Annex; hire of pas- opment plan to the Committees on Appropria- In campaign finance reform, to show senger motor vehicles; maintenance, repairs, tions: Provided further, That the funds appropriated for the Automated Commercial Environ- you how humorous this is, it says and improvements of, and purchase of commercial insurance policies for, real properties leased ment project may not be obligated until the American politics is being held hostage Commissioner of Customs has submitted a sys- by big money interests. Members of or owned overseas, when necessary for the performance of official business; not to exceed tems architecture plan and a milestone schedule Congress now collect more than $2.5 $2,900,000 for official travel expenses; not to ex- for the development and implementation of all projects included in the systems architecture million in campaign funds every week, ceed $150,000 for official reception and represen- plan, and the plan and schedule have been re- like he did, while political action com- tation expenses; not to exceed $258,000 for un- viewed by the General Accounting Office and mittees, industry lobbies, and cliques foreseen emergencies of a confidential nature, to approved by the Committees on Appropriations. of $100,000 donors buy access to the be allocated and expended under the direction White House. This is what Bill Clinton of the Secretary of the Treasury and to be ac- OFFICE OF INSPECTOR GENERAL ran against, and he turned it into an counted for solely on his certificate; $114,771,000: SALARIES AND EXPENSES art form. Provided, That section 113(2) of the Fiscal Year (INCLUDING TRANSFER OF FUNDS) This simply does not pass the laugh 1997 Department of Commerce, Justice, and For necessary expenses of the Office of In- State, the Judiciary, and Related Agencies Ap- spector General in carrying out the provisions of test, and it is so frustrating to me, and propriations Act, Public Law 104–208 (110 Stat. the Inspector General Act of 1978, as amended, I know that, and I thank the two gen- 3009–22) is amended by striking ‘‘12 months’’ not to exceed $2,000,000 for official travel ex- tlemen who are here tonight on this and inserting in lieu thereof ‘‘2 years’’: Pro- penses; including hire of passenger motor vehi- special order who have been leaders in vided further, That the Office of Foreign Assets cles; and not to exceed $100,000 for unforeseen H8138 CONGRESSIONAL RECORD — HOUSE September 29, 1997 emergencies of a confidential nature, to be allo- agreements, or contracts to local governments INTERAGENCY LAW ENFORCEMENT cated and expended under the direction of the for Gang Resistance Education and Training: INTERAGENCY CRIME AND DRUG ENFORCEMENT Inspector General of the Treasury; $29,719,000, Provided, That notwithstanding sections 32401 For expenses necessary for the detection and of which $26,034 shall be transferred to the ‘‘De- and 310001, such funds shall be allocated to investigation of individuals involved in orga- partmental Offices’’ appropriation for the reim- State and local law enforcement and prevention nized crime drug trafficking, including coopera- bursement of Secret Service personnel in accord- organizations; tive efforts with State and local law enforce- ance with section 115 of this Act. (c) As authorized by section 180103, $1,000,000 ment, $73,794,000, of which $7,827,000 shall re- TREASURY BUILDING AND ANNEX REPAIR AND to the Federal Law Enforcement Training Cen- main available until expended. RESTORATION ter for specialized training for rural law enforcement officers. FINANCIAL MANAGEMENT SERVICE For the repair, alteration, and improvement of FEDERAL LAW ENFORCEMENT TRAINING CENTER SALARIES AND EXPENSES the Treasury Building and Annex, $10,484,000, For necessary expenses of the Financial Man- SALARIES AND EXPENSES to remain available until September 30, 1999. agement Service, $202,490,000, of which not to For necessary expenses of the Federal Law FINANCIAL CRIMES ENFORCEMENT NETWORK exceed $13,235,000 shall remain available until Enforcement Training Center, as a bureau of September 30, 2000 for information systems mod- SALARIES AND EXPENSES the Department of the Treasury, including ma- ernization initiatives: Provided, That beginning For necessary expenses of the Financial terials and support costs of Federal law enforce- in fiscal year 1998 and thereafter, there are ap- Crimes Enforcement Network, including hire of ment basic training; purchase (not to exceed 52 propriated such sums as may be necessary to re- passenger motor vehicles; travel expenses of for police-type use, without regard to the gen- imburse Federal Reserve Banks in their capacity non-Federal law enforcement personnel to at- eral purchase price limitation) and hire of pas- as depositaries and fiscal agents for the United tend meetings concerned with financial intel- senger motor vehicles; for expenses for student States for all services required or directed by the ligence activities, law enforcement, and finan- athletic and related activities; uniforms without Secretary of the Treasury to be performed by cial regulation; not to exceed $14,000 for official regard to the general purchase price limitation such banks on behalf of the Treasury or other reception and representation expenses; and for for the current fiscal year; the conducting of Federal agencies. assistance to Federal law enforcement agencies, and participating in firearms matches and pres- with or without reimbursement; $22,835,000: Pro- entation of awards; for public awareness and BUREAU OF ALCOHOL, TOBACCO AND FIREARMS vided, That funds appropriated in this account enhancing community support of law enforce- SALARIES AND EXPENSES may be used to procure personal services con- ment training; not to exceed $9,500 for official For necessary expenses of the Bureau of Alco- tracts. reception and representation expenses; room hol, Tobacco and Firearms, including purchase VIOLENT CRIME REDUCTION PROGRAMS and board for student interns; and services as of not to exceed 650 vehicles for police-type use (INCLUDING TRANSFER OF FUNDS) authorized by 5 U.S.C. 3109; $64,663,000, of for replacement only and hire of passenger For activities authorized by Public Law 103– which up to $13,034,000 for materials and sup- motor vehicles; hire of aircraft; services of expert 322, to remain available until expended, which port costs of Federal law enforcement basic witnesses at such rates as may be determined by shall be derived from the Violent Crime Reduc- training shall remain available until September the Director; for payment of per diem and/or tion Trust Fund, as follows: 30, 2000: Provided, That the Center is authorized subsistence allowances to employees where an (a) As authorized by section 190001(e), to accept and use gifts of property, both real assignment to the National Response Team dur- $131,000,000; of which $19,421,000 shall be avail- and personal, and to accept services, for author- ing the investigation of a bombing or arson inci- able to the Bureau of Alcohol, Tobacco and ized purposes, including funding of a gift of in- dent requires an employee to work 16 hours or Firearms, including $3,000,000 for administering trinsic value which shall be awarded annually more per day or to remain overnight at his or the Gang Resistance Education and Training by the Director of the Center to the outstanding her post of duty; not to exceed $12,500 for offi- program, $3,974,000 for the canine explosives de- student who graduated from a basic training cial reception and representation expenses; for tection program, $5,200,000 for CEASEFIRE/ program at the Center during the previous fiscal training of State and local law enforcement IBIS, $5,639,000 for vehicles and communications year, which shall be funded only by gifts re- agencies with or without reimbursement, includ- systems, and $1,608,000 for collection of informa- ceived through the Center’s gift authority: Pro- ing training in connection with the training and tion on arson and explosives; of which $1,000,000 vided further, That notwithstanding any other acquisition of canines for explosives and fire shall be available to the Financial Crimes En- provision of law, students attending training at accelerants detection; and provision of labora- forcement Network for the Secure Outreach/ any Federal Law Enforcement Training Center tory assistance to State and local agencies, with Encrypted Transmission Program; of which site shall reside in on-Center or Center-provided or without reimbursement; $478,934,000, of which $15,731,000 shall be available to the United housing, insofar as available and in accordance $1,250,000 may be used for the Youth Crime Gun States Secret Service, including $6,700,000 for ve- with Center policy: Provided further, That Interdiction Initiative; of which not to exceed hicle replacement, $1,460,000 to provide technical funds appropriated in this account shall be $1,000,000 shall be available for the payment of assistance and to assess the effectiveness of new available, at the discretion of the Director, for: attorneys’ fees as provided by 18 U.S.C. technology intended to combat identity-based training United States Postal Service law en- 924(d)(2); and of which $1,000,000 shall be avail- crimes, $5,000,000 for investigations of counter- forcement personnel and Postal police officers; able for the equipping of any vessel, vehicle, feiting, and $2,571,000 for forensic and related State and local government law enforcement equipment, or aircraft available for official use support of investigations of missing and ex- training on a space-available basis; training of by a State or local law enforcement agency if ploited children, of which $571,000 shall be foreign law enforcement officials on a space- the conveyance will be used in drug-related available as a grant for activities related to the available basis with reimbursement of actual joint law enforcement operations with the Bu- investigations of exploited children and shall re- costs to this appropriation, except that reim- reau of Alcohol, Tobacco and Firearms and for main available until expended; of which bursement may be waived by the Secretary for the payment of overtime salaries, travel, fuel, $60,648,000 shall be available for the United law enforcement training activities in foreign training, equipment, and other similar costs of States Customs Service, including $15,000,000 for countries undertaken pursuant to section 801 of State and local law enforcement officers that high energy container x-ray systems and auto- the Antiterrorism and Effective Death Penalty are incurred in joint operations with the Bureau mated targeting systems, $5,735,000 for labora- Act of 1996, Public Law 104–32; training of pri- of Alcohol, Tobacco and Firearms: Provided, tory modernization, $7,400,000 for vehicle re- vate sector security officials on a space-avail- That no funds made available by this or any placement, $8,413,000 for anti-smuggling inspec- able basis with reimbursement of actual costs to other Act may be used to transfer the functions, tors, $9,500,000 for the passenger processing ini- this appropriation; and travel expenses of non- missions, or activities of the Bureau of Alcohol, tiative, $4,000,000 for redeploying agents and in- Federal personnel to attend course development Tobacco and Firearms to other agencies or De- spectors to high threat drug zones, $4,500,000 for meetings and training at the Center: Provided partments in the fiscal year ending on Septem- Forward-Looking Infrared capabilities, further, That the Center is authorized to obli- ber 30, 1998: Provided further, That no funds $1,100,000 for construction of canopies for in- gate funds in anticipation of reimbursements appropriated herein shall be available for sala- spection of outbound vehicles along the South- from agencies receiving training at the Federal ries or administrative expenses in connection west border, and $5,000,000 to acquire vehicle Law Enforcement Training Center, except that with consolidating or centralizing, within the and container inspection systems; of which total obligations at the end of the fiscal year Department of the Treasury, the records, or any $20,200,000 shall be available to the Office of Na- shall not exceed total budgetary resources avail- portion thereof, of acquisition and disposition of tional Drug Control Policy, including able at the end of the fiscal year: Provided fur- firearms maintained by Federal firearms licens- $13,000,000 to the Counterdrug Technology As- ther, That the Federal Law Enforcement Train- ees: Provided further, That no funds appro- sessment Center for a program to transfer tech- ing Center is authorized to provide short term priated herein shall be used to pay administra- nology to State and local law enforcement agen- medical services for students undergoing train- tive expenses or the compensation of any officer cies, $6,000,000 for a Federal Drug Free Prison ing at the Center. or employee of the United States to implement Zone demonstration project, and $1,200,000 for ACQUISITION, CONSTRUCTION, IMPROVEMENTS, an amendment or amendments to 27 CFR 178.118 Model State Drug Law Conferences; and of AND RELATED EXPENSES or to change the definition of ‘‘Curios or relics’’ which $3,000,000 is provided to Federal Drug For expansion of the Federal Law Enforce- in 27 CFR 178.11 or remove any item from ATF Control Programs for the Rocky Mountain ment Training Center, for acquisition of nec- Publication 5300.11 as it existed on January 1, HIDTA; essary additional real property and facilities, 1994: Provided further, That none of the funds (b) As authorized by section 32401, $10,000,000 and for ongoing maintenance, facility improve- appropriated herein shall be available to inves- to the Bureau of Alcohol, Tobacco and Firearms ments, and related expenses, $32,548,000, to re- tigate or act upon applications for relief from for disbursement through grants, cooperative main available until expended. Federal firearms disabilities under 18 U.S.C. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8139 925(c): Provided further, That such funds shall manitarian efforts; $92,758,000, which shall re- liabilities; tax and enforcement litigation; tech- be available to investigate and act upon appli- main available until expended: Provided, That nical rulings; examining employee plans and ex- cations filed by corporations for relief from Fed- no aircraft or other related equipment, with the empt organizations; investigation and enforce- eral firearms disabilities under 18 U.S.C. 925(c): exception of aircraft which is one of a kind and ment activities; securing unfiled tax returns; Provided further, That no funds in this Act may has been identified as excess to Customs require- collecting unpaid accounts; statistics of income be used to provide ballistics imaging equipment ments and aircraft which has been damaged be- and compliance research; the purchase (for po- to any State or local authority who has ob- yond repair, shall be transferred to any other lice-type use, not to exceed 850), and hire of pas- tained similar equipment through a Federal Federal agency, Department, or office outside of senger motor vehicles (31 U.S.C. 1343(b)); and grant or subsidy unless the State or local au- the Department of the Treasury, during fiscal services as authorized by 5 U.S.C. 3109, at such thority agrees to return that equipment or to year 1998 without the prior approval of the rates as may be determined by the Commis- repay that grant or subsidy to the Federal Gov- Committees on Appropriations. sioner, $3,142,822,000: Provided, That of the ernment: Provided further, That no funds under CUSTOMS SERVICES AT SMALL AIRPORTS funds appropriated under this heading in Public this Act may be used to electronically retrieve (TO BE DERIVED FROM FEES COLLECTED) Law 104–208, $26,000,000 is rescinded and in information gathered pursuant to 18 U.S.C. Beginning in fiscal year 1998 and thereafter, Public Law 104–52, $6,000,000 is rescinded. 923(g)(4) by name or any personal identification such sums as may be necessary for expenses for EARNED INCOME TAX CREDIT COMPLIANCE code. the provision of Customs services at certain INITIATIVE LABORATORY FACILITIES small airports or other facilities when author- For funding essential earned income tax credit For necessary expenses for construction of a ized by law and designated by the Secretary of compliance and error reduction initiatives pur- new facility or facilities to house the Bureau of the Treasury, including expenditures for the suant to section 5702 of the Balanced Budget Alcohol, Tobacco and Firearms National Lab- salary and expenses of individuals employed to Act of 1997 (Public Law 105–33), $138,000,000, of oratory Center and the Fire Investigation Re- provide such services, to be derived from fees which not to exceed $10,000,000 may be used to search and Development Center, not to exceed collected by the Secretary pursuant to section reimburse the Social Security Administration for 185,000 occupiable square feet, $55,022,000 to re- 236 of Public Law 98–573 for each of these air- the costs of implementing section 1090 of the main available until expended: Provided, That ports or other facilities when authorized by law Taxpayer Relief Act of 1997. these funds shall not be available until a pro- and designated by the Secretary, and to remain INFORMATION SYSTEMS spectus for the Laboratory Facilities is reviewed available until expended. For necessary expenses for data processing and resolutions of authorization are approved HARBOR MAINTENANCE FEE COLLECTION and telecommunications support for Internal by the House Committee on Transportation and For administrative expenses related to the col- Revenue Service activities, including devel- Infrastructure and the Senate Committee on En- lection of the Harbor Maintenance Fee, pursu- opmental information systems and operational vironment and Public Works. ant to Public Law 103–182, $3,000,000, to be de- information systems; the hire of passenger motor UNITED STATES CUSTOMS SERVICE rived from the Harbor Maintenance Trust Fund vehicles (31 U.S.C. 1343(b)); and services as au- SALARIES AND EXPENSES and to be transferred to and merged with the thorized by 5 U.S.C. 3109, at such rates as may For necessary expenses of the United States Customs ‘‘Salaries and Expenses’’ account for be determined by the Commissioner, Customs Service, including purchase and lease such purposes. $1,272,487,000, which shall be available until of up to 1,050 motor vehicles of which 985 are for BUREAU OF THE PUBLIC DEBT September 30, 1999: Provided, That under the replacement only and of which 1,030 are for po- heading ‘‘Information Systems’’ in Public Law ADMINISTERING THE PUBLIC DEBT lice-type use and commercial operations; hire of 104–208 (110 Stat. 3009), the following is deleted: For necessary expenses connected with any motor vehicles; contracting with individuals for ‘‘of which no less than $130,075,000 shall be public-debt issues of the United States, personal services abroad; not to exceed $30,000 available for Tax Systems Modernization (TSM) $173,826,000, of which not to exceed $2,500 shall for official reception and representation ex- development and deployment’’: Provided fur- be available for official reception and represen- penses; and awards of compensation to inform- ther, That the IRS shall submit a reprogram- tation expenses, and of which $2,000,000 shall ers, as authorized by any Act enforced by the ming request, of which no less than $87,000,000 remain available until September 30, 2000 for in- United States Customs Service; $1,522,165,000, of shall be available for Year 2000 conversion: Pro- formation systems modernization initiatives: which such sums as become available in the vided further, That none of the funds under this Provided, That the sum appropriated herein Customs User Fee Account, except sums subject heading, or funds made available under this from the General Fund for fiscal year 1998 shall to section 13031(f)(3) of the Consolidated Omni- heading in any previous Acts, may be obligated be reduced by not more than $4,400,000 as defini- bus Reconciliation Act of 1985, as amended (19 to award or otherwise initiate a Prime contract tive security issue fees and Treasury Direct In- U.S.C. 58c(f)(3)), shall be derived from that Ac- to implement the Internal Revenue Service’s vestor Account Maintenance fees are collected, count; of the total, not to exceed $150,000 shall Modernization blueprint submitted to Congress so as to result in a final fiscal year 1998 appro- be available for payment for rental space in con- on May 15, 1997, although funds may be used to priation from the General Fund estimated at nection with preclearance operations, and not develop a Request for Proposals for the Prime $169,426,000, and in addition, $20,000, to be de- to exceed $4,000,000 shall be available until ex- contract. rived from the Oil Spill Liability Trust Fund to pended for research, not to exceed $5,000,000 INFORMATION TECHNOLOGY INVESTMENTS reimburse the Bureau for administrative and shall be available until expended for conducting For necessary expenses for the capital asset personnel expenses for financial management of special operations pursuant to 19 U.S.C. 2081, acquisition of information technology systems, the Fund, as authorized by section 102 of Public and up to $6,000,000 shall be available until ex- including management and related contractual Law 101–380: Provided further, That notwith- pended for the procurement of automation in- costs of said acquisition, including contractual standing any other provisions of law, effective frastructure items, including hardware, soft- costs associated with operations as authorized upon enactment, the Bureau of the Public Debt ware, and installation: Provided, That uniforms by 5 U.S.C. 3109, $325,000,000, which shall re- shall be fully and directly reimbursed by the may be purchased without regard to the general main available until September 30, 2000: Pro- funds described in Public Law 101–136, title I, purchase price limitation for the current fiscal vided, That none of these funds is available for section 104, 103 Stat. 789 for costs and services year: Provided further, That $1,250,000 shall be obligation until September 1, 1998: Provided fur- performed by the Bureau in the administration available to fund the Global Trade and Re- ther, That none of these funds shall be obligated of such funds. search Program at the Montana World Trade until the Internal Revenue Service and the De- Center: Provided further, That notwithstanding INTERNAL REVENUE SERVICE partment of the Treasury submits to Congress any other provision of law, the fiscal year ag- PROCESSING, ASSISTANCE, AND MANAGEMENT for approval, a plan for expenditure that: (1) gregate overtime limitation prescribed in sub- For necessary expenses of the Internal Reve- implements the Internal Revenue Service’s Mod- section 5(c)(1) of the Act of February 13, 1911 (19 nue Service, not otherwise provided for; includ- ernization Blueprint submitted to Congress on U.S.C. 261 and 267) shall be $30,000. ing processing tax returns; revenue accounting; May 15, 1997; (2) meets the information systems OPERATIONS, MAINTENANCE AND PROCUREMENT, providing tax law and account assistance to investment guidelines established by the Office AIR AND MARINE INTERDICTION PROGRAMS taxpayers by telephone and correspondence; of Management and Budget in the fiscal year For expenses, not otherwise provided for, nec- matching information returns and tax returns; 1998 budget; (3) has been reviewed and approved essary for the operation and maintenance of management services; rent and utilities; and in- by the Internal Revenue Service’s Investment marine vessels, aircraft, and other related equip- spection; including purchase (not to exceed 150 Review Board, the Office of Management and ment of the Air and Marine Programs, including for replacement only for police-type use) and Budget, and the Department of the Treasury’s operational training and mission-related travel, hire of passenger motor vehicles (31 U.S.C. Modernization Management Board, and has and rental payments for facilities occupied by 1343(b)); and services as authorized by 5 U.S.C. been reviewed by the General Accounting Office; the air or marine interdiction and demand re- 3109, at such rates as may be determined by the (4) meets the requirements of the May 15, 1997 duction programs, the operations of which in- Commissioner; $2,925,874,000, of which up to Internal Revenue Service’s Systems Life Cycle clude: the interdiction of narcotics and other $3,700,000 shall be for the Tax Counseling for program; and (5) is in compliance with acquisi- goods; the provision of support to Customs and the Elderly Program, and of which not to exceed tion rules, requirements, guidelines, and systems other Federal, State, and local agencies in the $25,000 shall be for official reception and rep- acquisition management practices of the Federal enforcement or administration of laws enforced resentation expenses. Government. by the Customs Service; and, at the discretion of TAX LAW ENFORCEMENT ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE the Commissioner of Customs, the provision of (INCLUDING RESCISSION) SERVICE assistance to Federal, State, and local agencies For necessary expenses of the Internal Reve- SECTION 101. Not to exceed 5 percent of any in other law enforcement and emergency hu- nue Service for determining and establishing tax appropriation made available in this Act to the H8140 CONGRESSIONAL RECORD — HOUSE September 29, 1997 Internal Revenue Service may be transferred to for making grants to conduct behavioral re- is filed later than 120 days after the date of en- any other Internal Revenue Service appropria- search in support of protective research and op- actment of this Act: Provided further, That pay- tion upon the advance approval of the House erations; not to exceed $20,000 for official recep- ment under this provision, when accepted, shall and Senate Committees on Appropriations. tion and representation expenses; for sponsor- be in full satisfaction of all claims of, or on be- SEC. 102. The Internal Revenue Service shall ship of a conference for the Women in Federal half of, the individual Secret Service agents who maintain a training program to ensure that In- Law Enforcement, to be held during fiscal year were the subjects of said investigation. ternal Revenue Service employees are trained in 1998; not to exceed $50,000 to provide technical SEC. 116. (a)(1) Effective beginning on the taxpayers’ rights, in dealing courteously with assistance and equipment to foreign law en- date determined under paragraph (2), the com- the taxpayers, and in cross-cultural relations. forcement organizations in counterfeit inves- pensation and other emoluments attached to the SEC. 103. The funds provided in this Act for tigations; for payment in advance for commer- Office of Secretary of the Treasury shall be the Internal Revenue Service shall be used to cial accommodations as may be necessary to per- those that would then apply if Public Law 103– provide, as a minimum, the fiscal year 1995 level form protective functions; and for uniforms 2 (107 Stat. 4; 31 U.S.C. 301 note) had never been of service, staffing, and funding for Taxpayer without regard to the general purchase price enacted. Services. limitation for the current fiscal year; (2) Paragraph (1) shall become effective on the SEC. 104. None of the funds appropriated by $564,348,000. later of— this title shall be used in connection with the ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND (A) the day after the date on which the indi- collection of any underpayment of any tax im- RELATED EXPENSES vidual holding the Office of Secretary of the posed by the Internal Revenue Code of 1986 un- For necessary expenses of construction, re- Treasury on January 1, 1997, ceases to hold that less the conduct of officers and employees of the pair, alteration, and improvement of facilities, office; or Internal Revenue Service in connection with $8,799,000, to remain available until expended. (B) the date of the enactment of this Act. such collection, including any private sector em- (3) Nothing in this subsection shall be consid- GENERAL PROVISIONS—DEPARTMENT OF THE ployees under contract to the Internal Revenue ered to affect the compensation or emoluments TREASURY Service, complies with subsection (a) of section due to any individual in connection with any 805 (relating to communications in connection SEC. 110. Any obligation or expenditure by the period preceding the date determined under with debt collection), and section 806 (relating Secretary in connection with law enforcement paragraph (2). to harassment or abuse), of the Fair Debt Col- activities of a Federal agency or a Department (b) Subsection (b) of the first section of the lection Practices Act (15 U.S.C. 1692). of the Treasury law enforcement organization in public law referred to in subsection (a)(1) of this SEC. 105. The Internal Revenue Service shall accordance with 31 U.S.C. 9703(g)(4)(B) from section shall not apply in the case of any ap- institute and enforce policies and procedures unobligated balances remaining in the Fund on pointment the consent of the Senate to which which will safeguard the confidentiality of tax- September 30, 1998, shall be made in compliance occurs on or after the date of the enactment of payer information. with reprogramming guidelines. this Act. EC SEC. 106. Funds made available by this or any S . 111. Appropriations to the Treasury De- (c) This section shall not be limited (for pur- other Act to the Internal Revenue Service shall partment in this Act shall be available for uni- poses of determining whether a provision of this be available for improved facilities and informs or allowances therefor, as authorized by section applies or continues to apply) to fiscal creased manpower to provide sufficient and ef- law (5 U.S.C. 5901), including maintenance, re- year 1998. fective 1–800 help line for taxpayers. The Com- pairs, and cleaning; purchase of insurance for SEC. 117. (a) REQUIREMENT OF ADVANCE SUB- missioner shall continue to make the improve- official motor vehicles operated in foreign coun- MISSION OF TREASURY TESTIMONY.—During the ment of the IRS 1–800 help line service a priority tries; purchase of motor vehicles without regard fiscal year covered by this Act, any officer or and allocate resources necessary to increase to the general purchase price limitations for ve- employee of the Department of the Treasury phone lines and staff to improve the IRS 1–800 hicles purchased and used overseas for the cur- who is scheduled to testify before the Committee help line service. rent fiscal year; entering into contracts with the on Appropriations of the House of Representa- SEC. 107. Hereafter, no field support reorga- Department of State for the furnishing of health tives or the Senate, or any of its subcommittees, nization of the Internal Revenue Service shall and medical services to employees and their de- shall, not less than 7 calendar days (excluding be undertaken in Aberdeen, South Dakota until pendents serving in foreign countries; and serv- Saturdays, Sundays, and Federal legal public the Internal Revenue Service toll-free help ices authorized by 5 U.S.C. 3109. holidays) preceding the scheduled date of the phone line assistance program reaches at least SEC. 112. The funds provided to the Bureau of testimony, submit to the committee or sub- an 80 percent service level. The Commissioner Alcohol, Tobacco and Firearms for fiscal year committee— shall submit to Congress a report and the GAO 1998 in this Act for the enforcement of the Fed- (1) a written statement of the testimony to be shall certify to Congress that the 80 percent eral Alcohol Administration Act shall be ex- presented, regardless of whether such statement service level has been met. pended in a manner so as not to diminish en- is to be submitted for inclusion in the record of SEC. 108. Notwithstanding any other provision forcement efforts with respect to section 105 of the hearing; and of law, no reorganization of the field office the Federal Alcohol Administration Act. (2) any other written information to be sub- structure of the Internal Revenue Service Crimi- SEC. 113. Not to exceed 2 percent of any appro- mitted for inclusion in the record of the hearing. nal Investigation division will result in a reduc- priations in this Act made available to the Fed- (b) LIMITATION ON TREASURY CLEARANCE tion of criminal investigators in Wisconsin and eral Law Enforcement Training Center, Finan- PROCESS.—None of the funds made available in South Dakota from the 1996 level. cial Crimes Enforcement Network, Bureau of Al- this Act may be used for any clearance process cohol, Tobacco and Firearms, U.S. Customs within the Department of the Treasury that UNITED STATES SECRET SERVICE Service, and U.S. Secret Service may be trans- could cause a submission beyond the specified SALARIES AND EXPENSES ferred between such appropriations upon the time, as officially transmitted by the committee, For necessary expenses of the United States advance approval of the House and Senate Com- of— Secret Service, including purchase not to exceed mittees on Appropriations. No transfer may in- (1) any corrections to the transcript copy of 705 vehicles for police-type use, of which 675 crease or decrease any such appropriation by testimony given before the Committee on Appro- shall be for replacement only, and hire of pas- more than 2 percent. priations of the House of Representatives or the senger motor vehicles; hire of aircraft; training SEC. 114. Not to exceed 2 percent of any appro- Senate, or any of its subcommittees; or and assistance requested by State and local gov- priations in this Act made available to the De- (2) any information to be provided in writing ernments, which may be provided without reim- partmental Offices, Office of Inspector General, in response to an oral or written request by such bursement; services of expert witnesses at such Financial Management Service, and Bureau of committee or subcommittee for specific informa- rates as may be determined by the Director; the Public Debt, may be transferred between tion for inclusion in the record of the hearing. rental of buildings in the District of Columbia, such appropriations upon the advance approval (b) EXCEPTION.—The time periods established and fencing, lighting, guard booths, and other of the House and Senate Committees on Appro- in subsections (a) and (b) shall not apply to any facilities on private or other property not in priations. No transfer may increase or decrease specific testimony, or corrections, if the Sec- Government ownership or control, as may be any such appropriation by more than 2 percent. retary of the Treasury— necessary to perform protective functions; for SEC. 115. The Secretary of the Treasury shall (1) determines that special circumstances pre- payment of per diem and/or subsistence allow- pay from amounts transferred to the ‘‘Depart- vent compliance; and ances to employees where a protective assign- mental Offices’’ appropriation, up to $26,034 to (2) submits to the committee or subcommittee ment during the actual day or days of the visit reimburse Secret Service personnel for any attor- involved a written notification of such deter- of a protectee require an employee to work 16 ney fees and costs they incurred with respect to mination, including the Secretary’s estimate of hours per day or to remain overnight at his or investigation by the Department of the Treasury the time periods required for specific testimony, her post of duty; the conducting of and partici- Inspector General concerning testimony pro- information, or corrections. pating in firearms matches; presentation of vided to Congress: Provided, That the Secretary SEC. 118. (a) NEW RATES OF BASIC PAY.—Sec- awards; for travel of Secret Service employees on of the Treasury shall pay an individual in full tion 501 of the District of Columbia Police and protective missions without regard to the limita- upon submission by the individual of docu- Firemen’s Salary Act of 1958, (District of Colum- tions on such expenditures in this or any other mentation verifying the attorney fees and costs: bia Code, section 4–416), is amended— Act if approval is obtained in advance from the Provided further, That the liability of the Unit- (1) in subsection (b)(1), by striking ‘‘Interior’’ House and Senate Committees on Appropria- ed States shall not be inferred from enactment of and all that follows through ‘‘Treasury,’’ and tions; for repairs, alterations, and minor con- or payment under this provision: Provided fur- inserting ‘‘Interior’’; struction at the James J. Rowley Secret Service ther, That the Secretary of the Treasury shall (2) by redesignating subsection (c) as sub- Training Center; for research and development; not pay any claim filed under this section that section (b)(3); September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8141 (3) in subsection (b)(3) (as redesignated)— (4) by adding after subsection (b) the follow- classes corresponding or similar to those in the (A) by striking ‘‘or to officers and members of ing new subsection: salary schedule in section 101 (District of Co- the United States Secret Service Uniformed Divi- ‘‘(c)(1) The annual rates of basic compensa- lumbia Code, section 4–406), shall be fixed in ac- sion’’; and cordance with the following schedule of rates: (B) by striking ‘‘subsection (b) of this section’’ tion of officers and members of the United States and inserting ‘‘this subsection’’; and Secret Service Uniformed Division, serving in

‘‘SALARY SCHEDULE

Salary class and Service steps title 1 2 3 4 5 6 7 8 9

Class 1: Private 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052 Class 4: Sergeant 39,769 41,747 43,728 45,718 47,715 49,713 Class 5: Lieutenant 45,148 47,411 49,663 51,924 54,180 Class 7: Captain 52,523 55,155 57,788 60,388 Class 8: Inspector 60,886 63,918 66,977 70,029 Class 9: Deputy 71,433 76,260 81,113 85,950 Chief Class 10: Assistant 84,694 90,324 95,967 Chief Class 11: Chief of 98,383 104,923 the United States Secret Service Uniformed Divi- sion

‘‘(2) Effective at the beginning of the first ap- ‘‘(iii) Chapter 59 (other than section 5928). (2) Except in the cases of the Assistant Chief plicable pay period commencing on or after the ‘‘(7)(A) Any amount which is not paid to an and the Chief of the United States Secret Service first day of the month in which an adjustment officer or member of the United States Secret Uniformed Division, the conversion of positions takes effect under section 5303 of title 5, United Service Uniformed Division in a calendar year and individuals to appropriate classes of the States Code (or any subsequent similar provision because of the limitation under paragraph (6) salary schedule under section 501(c) of the Dis- of law), in the rates of pay under the General shall be paid to such officer or member in a trict of Columbia Police and Firemen’s Salary Schedule (or any pay system that may supersede lump sum at the beginning of the following cal- Act of 1958 (District of Columbia Code, section such schedule), the annual rates of basic com- endar year. 4–416(c)) as amended by this section, and the pensation of officers and members of the United ‘‘(B) Any amount paid under this paragraph initial adjustments of rates of basic pay of those States Secret Service Uniformed Division shall in a calendar year shall be taken into account positions and individuals, in accordance with be adjusted by the Secretary of the Treasury by for purposes of applying the limitations under paragraph (1) of this subsection, shall not be an amount equal to the percentage of such an- paragraph (6) with respect to such calendar considered to be transfers or promotions within nual rate of pay which corresponds to the over- year. the meaning of section 304 of the District of Co- all percentage of the adjustment made in the ‘‘(8) The Office of Personnel Management lumbia Police and Firemen’s Salary Act of 1958 rates of pay under the General Schedule. shall prescribe regulations as may be necessary (District of Columbia Code, section 4–413). ‘‘(3) Locality-based comparability payments (consistent with section 5582 of title 5, United (3) Each member whose position is converted authorized under section 5304 of title 5, United States Code) concerning how a lump-sum pay- to the salary schedule under section 501(c) of States Code, shall be applicable to the basic pay ment under paragraph (7) shall be made with re- the District of Columbia Police and Firemen’s under this section, except locality-based com- spect to any employee who dies before an Salary Act of 1958 (District of Columbia Code, parability payments may not be paid at a rate amount payable to such employee under para- section 4–416(c)) as amended by this section, in which, when added to the rate of basic pay oth- graph (7) is made.’’. accordance with subsection (a) of this section, erwise payable to the officer or member, would (b) CONVERSION TO NEW SALARY SCHEDULE.— shall be granted credit for purposes of such cause the total to exceed the rate of basic pay (1)(A) Effective on the first day of the first member’s first service step adjustment under the payable for level IV of the Executive Schedule. pay period beginning after the date of enact- salary schedule in such section 510(c) for all sat- ‘‘(4) Basic pay, and any locality pay combined ment of this section, the Secretary of the Treas- isfactory service performed by the member since with basic pay may not be paid by reason of ury shall fix the rates of basic pay for members the member’s last increase in basic pay prior to any provision of this subsection (disregarding of the United States Secret Service Uniformed the adjustment under that section. any locality-based comparability payment pay- Division in accordance with this paragraph. (c) LIMITATION ON PAY PERIOD EARNINGS.— able under Federal law) at a rate in excess of (B) Subject to subparagraph (C), each officer The Act of August 15, 1950 (64 Stat. 477), (Dis- the rate of basic pay payable for level V of the and member receiving basic compensation, imme- trict of Columbia Code, section 4–1104), is Executive Schedule contained in subchapter II diately prior to the effective date of this section, amended— of chapter 53 of title 5, United States Code. at one of the scheduled rates in the salary (1) in subsection (h), by striking ‘‘any officer ‘‘(5) Any reference in any law to the salary schedule in section 101 of the District of Colum- or member’’ each place it appears and inserting schedule in section 101 (District of Columbia bia Police and Firemen’s Salary Act of 1958, as ‘‘an officer or member of the Metropolitan Police Code, section 4–406) with respect to officers and adjusted by law and as in effect prior to the ef- force, of the Fire Department of the District of members of the United States Secret Service Uni- fective date of this section, shall be placed in Columbia, or of the United States Park Police’’; formed Division shall be considered to be a ref- (2) by redesignating subsection (h)(3) as sub- and receive basic compensation at the cor- erence to the salary schedule in paragraph (1) section (i); and responding scheduled service step of the salary of this subsection as adjusted in accordance (3) by inserting after paragraph (2) the follow- schedule under subsection (a)(4). with this subsection. ing new paragraph: ‘‘(6)(A) Except as otherwise permitted by or (C)(i) The Assistant Chief and the Chief of the ‘‘(3)(A) no premium pay provided by this sec- under law, no allowance, differential, bonus, United States Secret Service Uniformed Division tion shall be paid to, and no compensatory time award, or other similar cash payment under this shall be placed in and receive basic compensa- is authorized for, any officer or member of the title or under title 5, United States Code, may be tion in salary class 10 and salary class 11, re- United States Secret Service Uniformed Division paid to an officer or member of the United spectively, in the appropriate service step in the whose rate of basic pay, combined with any ap- States Secret Service Uniformed Division in a new salary class in accordance with section 304 plicable locality-based comparability payment, calendar year if, or to the extent that, when of the District of Columbia Police and Firemen’s equals or exceeds the lesser of— added to the total basic pay paid or payable to Salary Act 1958 (District of Columbia Code, sec- ‘‘(i) 150 percent of the minimum rate payable such officer or member for service performed in tion 4–413). for grade GS–15 of the General Schedule (includ- such calendar year as an officer or member, (ii) Each member whose position is to be con- ing any applicable locality-based comparability such payment would cause the total to exceed verted to the salary schedule under section payment under section 5304 of title 5, United the annual rate of basic pay payable for level I 501(c) of the District of Columbia Police and States Code or any similar provision of law, and of the Executive Schedule, as of the end of such Firemen’s Salary Act of 1958 (District of Colum- any applicable special rate of pay under section calendar year. bia Code, section 4–416(c)) as amended by this 5305 of title 5, United States Code or any similar ‘‘(B) This paragraph shall not apply to any section, in accordance with subsection (a) of provision of law); or payment under the following provisions of title this section, and who, prior to the effective date ‘‘(ii) the rate payable for level V of the Execu- 5, United States Code: of this section has earned, but has not been tive Schedule contained in subchapter II of ‘‘(i) Subchapter III or VII of chapter 55, or credited with, an increase in his or her rate of chapter 53 of title 5, United States Code. section 5596. pay shall be afforded that increase before such ‘‘(B) In the case of any officer or member of ‘‘(ii) Chapter 57 (other than section 5753, 5754, member is placed in the corresponding service the United States Secret Service Uniformed Divi- or 5755). step in the salary schedule under section 501(c). sion whose rate of basic pay, combined with any H8142 CONGRESSIONAL RECORD — HOUSE September 29, 1997 applicable locality-based comparability payable for purposes identified under 31 U.S.C. Sec- the Executive Office of the President; ment, is less than the lesser of— tion 9703(g)(4)(B). $51,199,000: Provided, That $9,800,000 of the ‘‘(i) 150 percent of the minimum rate payable (b) Paragraph (3)(C) of section 9703(g) of title funds appropriated shall be available for reim- for grade GS–15 of the General Schedule (includ- 31, United States Code, is amended by adding bursements to the White House Communications ing any applicable locality-based comparability after the last sentence of that paragraph as Agency. payment under section 5304 of title 5, United amended by Public Law 104–208, the following EXECUTIVE RESIDENCE AT THE WHITE HOUSE States Code or any similar provision of law, and sentence: ‘‘Unobligated balances remaining pur- any applicable special rate of pay under section suant to section 4(B) of 9703(g) shall also be car- OPERATING EXPENSES 5305 of title 5, United States Code or any similar ried forward.’’. For the care, maintenance, repair and alter- provision of law); or (c) Paragraph (4)(B) of section 9703(g) of title ation, refurnishing, improvement, heating and ‘‘(ii) the rate payable for level V of the Execu- 31, United States Code, is amended by striking lighting, including electric power and fixtures, tive Schedule contained in subchapter II of ‘‘, subject to subparagraph (C),’’ from the first of the Executive Residence at the White House chapter 53 of title 5, United States Code, and only sentence of that paragraph. and official entertainment expenses of the Presi- SEC. 123. Notwithstanding any other provision such premium pay may be paid only to the ex- dent, $8,045,000, to be expended and accounted of law, the Secretary of the Treasury shall es- tent that such payment would not cause such for as provided by 3 U.S.C. 105, 109–110, 112–114. officer or member’s aggregate rate of compensa- tablish the port of Kodiak, Alaska as a port of tion to exceed such lesser amount with respect entry and United States Customs Service person- REIMBURSABLE EXPENSES to any pay period.’’. nel in Anchorage, Alaska shall serve such port For the reimbursable expenses of the Execu- of entry. There are authorized to be appro- (d) SAVINGS PROVISION.—On the effective date tive Residence at the White House, such sums as of this section, any existing special salary rates priated such sums as necessary to cover the may be necessary: Provided, That all reimburs- authorized for members of the United States Se- costs associated with the performance of cus- able operating expenses of the Executive Resi- cret Service Uniformed Division under section toms functions using such United States Cus- dence shall be made in accordance with the pro- 5305 of title 5, United States Code (or any pre- toms Service personnel. visions of this paragraph: Provided further, SEC. 124. None of the funds made available by vious similar provision of law) and any special That, notwithstanding any other provision of this Act may be used by the Inspector General to rates of pay or special pay adjustments under law, such amount for reimbursable operating ex- contract for advisory and assistance services section 403, 404, or 405 of the Federal Law En- penses shall be the exclusive authority of the that has the meaning given such term in section forcement Pay Reform Act of 1990 applicable to Executive Residence to incur obligations and to 1105(g) of title 31, United States Code. members of the United States Secret Service Uni- receive offsetting collections, for such expenses: This title may be cited as the ‘‘Treasury De- formed Division shall be rendered inapplicable. Provided further, That the Executive Residence partment Appropriations Act, 1998’’. (e) CONFORMING AMENDMENT.—The Federal shall require each person sponsoring a reimburs- Law Enforcement Pay Reform Act of 1990 (104 TITLE II—POSTAL SERVICE able political event to pay in advance an Stat. 1466) is amended by striking subsections PAYMENTS TO THE POSTAL SERVICE FUND amount equal to the estimated cost of the event, (b)(1) and (c)(1) of section 405. PAYMENT TO THE POSTAL SERVICE FUND and all such advance payments shall be credited (f) EFFECTIVE DATE.—The provisions of this For payment to the Postal Service Fund for to this account and remain available until ex- section shall become effective on the first day of revenue forgone on free and reduced rate mail, pended: Provided further, That the Executive the first pay period beginning after the date of pursuant to subsections (c) and (d) of section Residence shall require the national committee enactment of this Act. 2401 of title 39, United States Code, $86,274,000: of the political party of the President to main- SEC. 119. Section 117 of the Treasury, Postal Provided, That mail for overseas voting and tain on deposit $25,000, to be separately ac- Service, and General Government Appropria- mail for the blind shall continue to be free: Pro- counted for and available for expenses relating tions Act, 1997 (as contained in section 101(f) of vided further, That 6-day delivery and rural de- to reimbursable political events sponsored by division A of Public Law 104–208) is hereby re- livery of mail shall continue at not less than the such committee during such fiscal year: Pro- pealed. 1983 level: Provided further, That none of the vided further, That the Executive Residence SEC. 120. Based on results of industry refunds made available to the Postal Service by shall ensure that a written notice of any sponse to the Request for Proposals, in tax-year this Act shall be used to implement any rule, amount owed for a reimbursable operating ex- 1998, the Internal Revenue Service (IRS) shall regulation, or policy of charging any officer or pense under this paragraph is submitted to the initiate a pilot project which would pay quali- employee of any State or local child support en- person owing such amount within 60 days after fied returns preparers, electronic return origina- forcement agency, or any individual participat- such expense is incurred, and that such amount tors, or transmitters who electronically forward ing in a State or local program of child support is collected within 30 days after the submission and file tax returns (form 1040 and related infor- enforcement, a fee for information requested or of such notice: Provided further, That the Exec- mation returns) properly formatted and accept- provided concerning an address of a postal cus- utive Residence shall charge interest and assess ed by the Internal Revenue Service, up to $3.00 tomer: Provided further, That none of the funds penalties and other charges on any such per return so filed if such payments are deter- provided in this Act shall be used to consolidate amount that is not reimbursed within such 30 mined by the Commissioner of the IRS to be in or close small rural and other small post offices days, in accordance with the interest and pen- the best interest of the government: Provided, in the fiscal year ending on September 30, 1998. alty provisions applicable to an outstanding That the payment may not be made unless the This title may be cited as the ‘‘Postal Service debt on a United States Government claim under electronic filing service is provided without Appropriations Act, 1998’’. section 3717 of title 31, United States Code: Pro- charge to the taxpayer whose return is so filed: TITLE III—EXECUTIVE OFFICE OF THE vided further, That each such amount that is Provided further, That the IRS shall use stand- PRESIDENT AND FUNDS APPROPRIATED reimbursed, and any accompanying interest and ard procurement processes to establish this pilot TO THE PRESIDENT charges, shall be deposited in the Treasury as project and through these processes, IRS shall miscellaneous receipts: Provided further, That COMPENSATION OF THE PRESIDENT AND THE assure the security of all electronic trans- the Executive Residence shall prepare and sub- WHITE HOUSE OFFICE missions and the full protection of the privacy mit to the Committees on Appropriations, by not of taxpayer data. COMPENSATION OF THE PRESIDENT later than 90 days after the end of the fiscal SEC. 121. Subsection (a) of section 5378, title 5 For compensation of the President, including year covered by this Act, a report setting forth U.S.C., is amended to read as follows: an expense allowance at the rate of $50,000 per the reimbursable operating expenses of the Exec- ‘‘(a) The Secretary of the Department of the annum as authorized by 3 U.S.C. 102; $250,000: utive Residence during the preceding fiscal year, Treasury, or his designee, in his sole discretion Provided, That none of the funds made avail- including the total amount of such expenses, the shall fix the rates of basic pay for positions able for official expenses shall be expended for amount of such total that consists of reimburs- within the police forces of the United States any other purpose and any unused amount able official and ceremonial events, the amount Mint and the Bureau of Engraving and Printing shall revert to the Treasury pursuant to section of such total that consists of reimbursable politi- without regard to the pay provisions of title 5, 1552 of title 31, United States Code: Provided cal events, and the portion of each such amount United States Code, except that no entry-level further, That none of the funds made available that has been reimbursed as of the date of the police officer shall receive basic pay for a cal- for official expenses shall be considered as tax- report: Provided further, That the Executive endar year that is less than the basic rate of able to the President. Residence shall (1) implement a system for the pay for General Schedule GS–7 and no executive SALARIES AND EXPENSES tracking of expenses related to reimbursable security official shall receive basic compensation For necessary expenses for the White House as events within the Executive Residence that infor a calendar year that exceeds the basic rate authorized by law, including not to exceed cludes a standard for the classification of any of pay for General Schedule GS–15.’’. $3,850,000 for services as authorized by 5 U.S.C. such expense as political or nonpolitical; and (2) SEC. 122. (a) The Secretary of the Treasury is 3109 and 3 U.S.C. 105; including subsistence ex- prepare and submit to the Committees on Appro- authorized to receive all unavailable collections penses as authorized by 3 U.S.C. 105, which priations, by not later than December 1, 1997, a transferred from the Special Forfeiture Fund es- shall be expended and accounted for as provided report setting forth a detailed description of tablished by section 26073 of the Anti-drug in that section; hire of passenger motor vehicles, such system and a schedule for its implementa- Abuse Act of 1988 (21 U.S.C. Section 1509) by the newspapers, periodicals, teletype news service, tion: Provided further, That no provision of this Director of the Office of Drug Control Policy as and travel (not to exceed $100,000 to be expended paragraph may be construed to exempt the Ex- a deposit into the Treasury Forfeiture Fund (31 and accounted for as provided by 3 U.S.C. 103); ecutive Residence from any other applicable re- U.S.C. Section 9703(a)), to become available for not to exceed $19,000 for official entertainment quirement of subchapter I or II of chapter 37 of obligation on October 1, 1998, as revenue avail- expenses, to be available for allocation within title 31, United States Code. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8143

WHITE HOUSE REPAIR AND RESTORATION Provided further, That this proviso shall not Provided further, That none of the funds pro- For the repair, alteration, and improvement of apply to printed hearings released by the House vided for the support of a national media cam- the Executive Residence at the White House, and Senate Committees on Appropriations or the paign may be obligated until the Director, Office $200,000, to remain available until expended for House and Senate Committees on Veterans’ Af- of National Drug Control Policy, submits a renovation and relocation of the White House fairs. strategy for approval to the Committees on Ap- laundry, to be expended and accounted for as OFFICE OF NATIONAL DRUG CONTROL POLICY propriations and the Senate Judiciary Commit- provided by 3 U.S.C. 105, 109–110, 112–114. tee that includes: (1) guidelines to ensure and SALARIES AND EXPENSES certify that funds will supplement and not sup- SPECIAL ASSISTANCE TO THE PRESIDENT AND THE (INCLUDING TRANSFER OF FUNDS) plant current anti-drug community based coali- OFFICIAL RESIDENCE OF THE VICE PRESIDENT For necessary expenses of the Office of Na- tions; (2) guidelines to ensure and certify that SALARIES AND EXPENSES tional Drug Control Policy; for research activi- funds will supplement and not supplant current For necessary expenses to enable the Vice ties pursuant to title I of Public Law 100–690; pro-bono public service time donated by na- President to provide assistance to the President not to exceed $8,000 for official reception and tional and local broadcasting networks; (3) in connection with specially assigned functions, representation expenses; and for participation guidelines to ensure and certify that none of the services as authorized by 5 U.S.C. 3109 and 3 in joint projects or in the provision of services funds will be used for partisan political pur- U.S.C. 106, including subsistence expenses as on matters of mutual interest with nonprofit, re- poses; (4) guidelines to ensure and certify that authorized by 3 U.S.C. 106, which shall be ex- search, or public organizations or agencies, with no media campaigns to be funded pursuant to pended and accounted for as provided in that or without reimbursement; $35,016,000, of which this campaign shall feature any elected officials, section; and hire of passenger motor vehicles; $17,000,000 shall remain available until ex- persons seeking elected office, cabinet-level offi- $3,378,000. pended, consisting of $1,000,000 for policy re- cials, or other Federal officials employed pursu- OPERATING EXPENSES search and evaluation and $16,000,000 for the ant to Schedule C of title 5, Code of Federal For the care, operation, refurnishing, im- Counterdrug Technology Assessment Center for Regulations, section 213, absent advance notice provement, heating and lighting, including elec- counternarcotics research and development to the Committees on Appropriations and the tric power and fixtures, of the official residence projects: Provided, That the $16,000,000 for the Senate Judiciary Committee; (5) a detailed im- of the Vice President, the hire of passenger Counterdrug Technology Assessment Center plementation plan to be submitted to the Com- motor vehicles, and not to exceed $90,000 for of- shall be available for transfer to other Federal mittees on Appropriations and the Senate Judi- ciary Committee for securing private sector con- ficial entertainment expenses of the Vice Presi- departments or agencies: Provided further, That tributions including but not limited to in-kind dent, to be accounted for solely on his certifi- the Office is authorized to accept, hold, admin- contributions; (6) a detailed implementation cate; $334,000: Provided, That advances or re- ister, and utilize gifts, both real and personal, plan to be submitted to the Committees on Ap- payments or transfers from this appropriation for the purpose of aiding or facilitating the propriations and the Senate Judiciary Commit- may be made to any department or agency for work of the Office: Provided further, That not tee of the qualifications necessary for any orga- expenses of carrying out such activities. before December 31, 1997, the Director of the Of- fice of National Drug Control Policy shall trans- nization, entity, or individual to receive funding COUNCIL OF ECONOMIC ADVISERS fer all balances in the Special Forfeiture Fund for or otherwise be provided broadcast media SALARIES AND EXPENSES established by section 6073 of the Anti-drug time; and (7) a system to measure outcomes of For necessary expenses of the Council in car- Abuse Act of 1988 (21 U.S.C. section 1509) to the success of the national media campaign: Pro- rying out its functions under the Employment Treasury Forfeiture Fund (31 U.S.C. section vided further, That the Director shall report to Act of 1946 (15 U.S.C. 1021), $3,542,000. 9703(a)). Congress quarterly on the obligation of funds as well as the specific parameters of the national OFFICE OF POLICY DEVELOPMENT FEDERAL DRUG CONTROL PROGRAMS media campaign and report to Congress within SALARIES AND EXPENSES HIGH INTENSITY DRUG TRAFFICKING AREAS two years on the effectiveness of the national For necessary expenses of the Office of Policy PROGRAM media campaign based upon the measurable out- Development, including services as authorized (INCLUDING TRANSFER OF FUNDS) comes provided to Congress previously: Provided by 5 U.S.C. 3109, and 3 U.S.C. 107; $3,983,000. For necessary expenses of the Office of Na- further, That of the funds provided for the sup- NATIONAL SECURITY COUNCIL tional Drug Control Policy’s High Intensity port of a national media campaign, $17,000,000 shall not be obligated prior to September 30, SALARIES AND EXPENSES Drug Trafficking Areas Program, $159,007,000 1998: Provided further, That of the funds pro- For necessary expenses of the National Secu- for drug control activities consistent with the approved strategy for each of the designated vided, $6,000,000 shall be used to continue the rity Council, including services as authorized by drug use reduction program for those involved 5 U.S.C. 3109, $6,648,000. High Intensity Drug Trafficking Areas, of which $3,000,000 shall be used for a newly des- in the criminal justice system: Provided further, OFFICE OF ADMINISTRATION ignated High Intensity Drug Trafficking Area in That of the funds provided, $10,000,000 shall be SALARIES AND EXPENSES Milwaukee, Wisconsin should the Director of to initiate a program of matching grants to For necessary expenses of the Office of Ad- the Office of National Drug Control Policy de- drug-free communities, as authorized in the ministration, including services as authorized by termine the location meets the designated cri- Drug-Free Communities Act of 1997. This title may be cited as the ‘‘Executive Of- 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- teria; of which $7,300,000 shall be used for na- fice Appropriations Act, 1998’’. senger motor vehicles $28,883,000, of which tional efforts related to methamphetamine re- $2,000,000 shall remain available until expended duction; of which $1,500,000 shall be used for TITLE IV—INDEPENDENT AGENCIES for a capital investment plan which provides for methamphetamine reduction efforts within the COMMITTEE FOR PURCHASE FROM PEOPLE WHO the modernization of the information technology Rocky Mountain High Intensity Drug Traffick- ARE BLIND OR SEVERELY DISABLED infrastructure. ing Area; of which $6,000,000 shall be used for a SALARIES AND EXPENSES OFFICE OF MANAGEMENT AND BUDGET newly designated High Intensity Drug Traffick- For necessary expenses of the Committee for Purchase From People Who Are Blind or Se- SALARIES AND EXPENSES ing Area in the three State area of Kentucky, Tennessee, and West Virginia; of which verely Disabled established by the Act of June For necessary expenses of the Office of Man- $1,000,000 shall be used for a newly designated 23, 1971, Public Law 92–28, $1,940,000. agement and Budget, including hire of pas- High Intensity Drug Trafficking Area in central FEDERAL ELECTION COMMISSION senger motor vehicles, services as authorized by Florida; of which no less than $80,000,000 shall 5 U.S.C. 3109, $57,440,000, of which not to exceed SALARIES AND EXPENSES be transferred to State and local entities for $5,000,000 shall be available to carry out the (INCLUDING TRANSFER OF FUNDS) drug control activities, which shall be obligated provisions of 44 U.S.C. chapter 35: Provided, For necessary expenses to carry out the provi- within 120 days of the date of enactment of this That, as provided in 31 U.S.C. 1301(a), appro- sions of the Federal Election Campaign Act of Act and up to $79,007,000 may be transferred to priations shall be applied only to the objects for 1971, as amended, $31,650,000, of which no less Federal agencies and departments at a rate to which appropriations were made except as oth- than $3,800,000 shall be available for internal be determined by the Director: Provided, That erwise provided by law: Provided further, That automated data processing systems, and of funding shall be provided for existing High In- none of the funds appropriated in this Act for which not to exceed $5,000 shall be available for tensity Drug Trafficking Areas at no less than the Office of Management and Budget may be reception and representation expenses: Pro- the fiscal year 1997 level. used for the purpose of reviewing any agricul- vided, That of the amounts appropriated for sal- tural marketing orders or any activities or regu- SPECIAL FORFEITURE FUND aries and expenses, $750,000 shall be transferred lations under the provisions of the Agricultural (INCLUDING TRANSFER OF FUNDS) to the General Accounting Office for the sole Marketing Agreement Act of 1937 (7 U.S.C. 601 For activities to support a national anti-drug purpose of entering into a contract with the pri- et seq.): Provided further, That none of the campaign for youth, and other purposes, au- vate sector for a management review, and tech- funds made available for the Office of Manage- thorized by Public Law 100–690, as amended, nology and performance audit, of the Federal ment and Budget by this Act may be expended $211,000,000, to remain available until expended: Election Commission, and $300,000 may be trans- for the altering of the transcript of actual testi- Provided, That such funds may be transferred ferred to the Government Printing Office. mony of witnesses, except for testimony of offi- to other Federal departments and agencies to FEDERAL LABOR RELATIONS AUTHORITY cials of the Office of Management and Budget, carry out such activities: Provided further, That SALARIES AND EXPENSES before the House and Senate Committees on Ap- of the funds provided, $195,000,000 shall be to For necessary expenses to carry out functions propriations or the House and Senate Commit- support a national media campaign to reduce of the Federal Labor Relations Authority, pur- tees on Veterans’ Affairs or their subcommittees: and prevent drug use among young Americans: suant to Reorganization Plan Numbered 2 of H8144 CONGRESSIONAL RECORD — HOUSE September 29, 1997 1978, and the Civil Service Reform Act of 1978, 2000 and remain in the Federal Building Fund Government, including payment for recovery of including services as authorized by 5 U.S.C. except funds for projects as to which funds for stolen Government property: Provided further, 3109, including hire of experts and consultants, design or other funds have been obligated in That not to exceed $2,500 shall be available for hire of passenger motor vehicles, rental of con- whole or in part prior to such date: Provided awards to employees of other Federal agencies ference rooms in the District of Columbia and further, That the amount provided in this or and private citizens in recognition of efforts and elsewhere; $22,039,000: Provided, That public any prior Act for Basic Repairs and Alterations initiatives resulting in enhanced Office of In- members of the Federal Service Impasses Panel may be used to pay claims against the Govern- spector General effectiveness. may be paid travel expenses and per diem in lieu ment arising from any projects under the head- ALLOWANCES AND OFFICE STAFF FOR FORMER of subsistence as authorized by law (5 U.S.C. ing ‘‘Repairs and Alterations’’ or used to fund PRESIDENTS 5703) for persons employed intermittently in the authorized increases in prospectus projects; (2) For carrying out the provisions of the Act of Government service, and compensation as au- $142,542,000 for installment acquisition pay- August 25, 1958, as amended (3 U.S.C. 102 note), thorized by 5 U.S.C. 3109: Provided further, ments including payments on purchase con- and Public Law 95–138, $2,208,000: Provided, That notwithstanding 31 U.S.C. 3302, funds re- tracts which shall remain available until ex- That the Administrator of General Services shall ceived from fees charged to non-Federal partici- pended; (3) $2,275,340,000 for rental of space transfer to the Secretary of the Treasury such pants at labor-management relations con- which shall remain available until expended; (4) sums as may be necessary to carry out the provi- ferences shall be credited to and merged with $1,331,789,000 for building operations which sions of such Acts. this account, to be available without further ap- shall remain available until expended; and (5) GENERAL PROVISIONS—GENERAL SERVICES propriation for the costs of carrying out these $680,543,000 which shall remain available until ADMINISTRATION conferences. expended for projects and activities previously SEC. 401. The appropriate appropriation or GENERAL SERVICES ADMINISTRATION requested and approved under this heading in fund available to the General Services Adminis- prior fiscal years: Provided further, That for the FEDERAL BUILDINGS FUND tration shall be credited with the cost of oper- purposes of this authorization, and hereafter, LIMITATIONS ON AVAILABILITY OF REVENUE ation, protection, maintenance, upkeep, repair, buildings constructed pursuant to the purchase To carry out the purpose of the Fund estab- and improvement, included as part of rentals re- contract authority of the Public Buildings lished pursuant to section 210(f) of the Federal ceived from Government corporations pursuant Amendments of 1972 (40 U.S.C. 602a), buildings Property and Administrative Services Act of to law (40 U.S.C. 129). occupied pursuant to installment purchase con- 1949, as amended (40 U.S.C. 490(f)), the revenues SEC. 402. Funds available to the General Serv- tracts, and buildings under the control of an- and collections deposited into the Fund shall be ices Administration shall be available for the other department or agency where alterations of available for necessary expenses of real property hire of passenger motor vehicles. such buildings are required in connection with management and related activities not otherwise SEC. 403. Funds in the Federal Buildings the moving of such other department or agency provided for, including operation, maintenance, Fund made available for fiscal year 1998 for from buildings then, or thereafter to be, under and protection of federally owned and leased Federal Buildings Fund activities may be trans- the control of the General Services Administra- buildings; rental of buildings in the District of ferred between such activities only to the extent tion shall be considered to be federally owned Columbia; restoration of leased premises; moving necessary to meet program requirements: Pro- buildings: Provided further, That funds avail- governmental agencies (including space adjust- vided, That any proposed transfers shall be ap- able in the Federal Buildings Fund may be ex- ments and telecommunications relocation ex- proved in advance by the Committees on Appro- pended for emergency repairs when advance ap- penses) in connection with the assignment, allo- priations of the House and Senate. proval is obtained from the Committees on Ap- cation and transfer of space; contractual serv- SEC. 404. No funds made available by this Act ices incident to cleaning or servicing buildings, propriations of the House and Senate: Provided shall be used to transmit a fiscal year 1999 re- and moving; repair and alteration of federally further, That amounts necessary to provide request for United States Courthouse construction owned buildings including grounds, approaches imbursable special services to other agencies that (1) does not meet the design guide stand- and appurtenances; care and safeguarding of under section 210(f)(6) of the Federal Property ards for construction as established and ap- sites; maintenance, preservation, demolition, and Administrative Services Act of 1949, as proved by the General Services Administration, and equipment; acquisition of buildings and amended (40 U.S.C. 490(f)(6)) and amounts to the Judicial Conference of the United States, sites by purchase, condemnation, or as other- provide such reimbursable fencing, lighting, and the Office of Management and Budget; and wise authorized by law; acquisition of options to guard booths, and other facilities on private or (2) does not reflect the priorities of the Judicial purchase buildings and sites; conversion and ex- other property not in Government ownership or Conference of the United States as set out in its tension of federally owned buildings; prelimi- control as may be appropriate to enable the approved 5-year construction plan: Provided, nary planning and design of projects by con- United States Secret Service to perform its pro- That the fiscal year 1999 request must be accom- tract or otherwise; construction of new buildings tective functions pursuant to 18 U.S.C. 3056, as panied by a standardized courtroom utilization (including equipment for such buildings); and amended, shall be available from such revenues study of each facility to be constructed, repayment of principal, interest, and any other and collections: Provided further, That revenues placed, or expanded. obligations for public buildings acquired by in- and collections and any other sums accruing to SEC. 405. None of the funds provided in this stallment purchase and purchase contract, in this Fund during fiscal year 1998, excluding re- Act may be used to increase the amount of occu- the aggregate amount of $4,835,934,000, of which imbursements under section 210(f)(6) of the Fed- piable square feet, provide cleaning services, se- (1) $300,000,000 shall remain available until ex- eral Property and Administrative Services Act of curity enhancements, or any other service usu- pended, for repairs and alterations which in- 1949 (40 U.S.C. 490(f)(6)) in excess of ally provided through the Federal Buildings cludes associated design and construction serv- $4,835,934,000 shall remain in the Fund and Fund, to any agency which does not pay the ices: Provided, That additional projects for shall not be available for expenditure except as rate per square foot assessment for space and which prospectuses have been fully approved authorized in appropriations Acts. services as determined by the General Services may be funded under this category only if ad- POLICY AND OPERATIONS Administration in compliance with the Public vance approval is obtained from the Committees For expenses authorized by law, not otherwise Buildings Amendments Act of 1972 (Public Law on Appropriations of the House and Senate: provided for, for Government-wide policy and 92–313). Provided further, That the amounts provided in oversight activities associated with asset man- SEC. 406. Section 10 of the General Services this or any prior Act for Repairs and Alterations agement activities; utilization and donation of Administration General Provisions, Public Law may be used to fund costs associated with imple- surplus personal property; transportation; pro- 100–440, is hereby repealed. menting security improvements to buildings nec- curement and supply; Government-wide and in- SEC. 407. Funds provided to other Government essary to meet the minimum standards for secu- ternal responsibilities relating to automated agencies by the Information Technology Fund, rity in accordance with current law and in com- data management, telecommunications, informa- GSA, under 40 U.S.C. 757 and sections 5124(b) pliance with the reprogramming guidelines of tion resources management, and related tech- and 5128 of Public Law 104–106, Information the appropriate Committees of the House and nology activities; utilization survey, deed com- Technology Management Reform Act of 1996, for Senate: Provided further, That funds made pliance inspection, appraisal, environmental performance of pilot information technology available in this Act or any previous Act for Re- and cultural analysis, and land use planning projects which have potential for Government- pairs and Alterations shall, for prospectus functions pertaining to excess and surplus real wide benefits and savings, may be repaid to this projects, be limited to the amount originally property; agency-wide policy direction; Board of Fund from any savings actually incurred by made available, except each project may be in- Contract Appeals; accounting, records manage- these projects or other funding, to the extent creased by an amount not to exceed 10 percent ment, and other support services incident to ad- feasible. when advance approval is obtained from the judication of Indian Tribal Claims by the Unit- SEC. 408. The Administrator of the General Committees on Appropriations of the House and ed States Court of Federal Claims; services as Services is directed to ensure that the materials Senate of a greater amount: Provided further, authorized by 5 U.S.C. 3109; and not to exceed used for the facade on the United States Court- That the difference between the funds appro- $5,000 for official reception and representation house Annex, Savannah, Georgia project are priated and expended on any projects in this or expenses; $107,487,000. compatible with the existing Savannah Federal any prior Act, under the heading ‘‘Repairs and OFFICE OF INSPECTOR GENERAL Building-U.S. Courthouse facade, in order to Alterations’’, may be transferred to Basic Re- For necessary expenses of the Office of In- ensure compatibility of this new facility with pairs and Alterations or used to fund authorized spector General and services authorized by 5 the Savannah historic district and to ensure increases in prospectus projects: Provided fur- U.S.C. 3109, $33,870,000: Provided, That not to that the Annex will not endanger the National ther, That all funds for repairs and alterations exceed $10,000 shall be available for payment for Landmark status of the Savannah historic dis- prospectus projects shall expire on September 30, information and detection of fraud against the trict. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8145

SEC. 409. (a) The Act approved August 25, Trust Fund, to be available for purposes of Pub- to exceed $2,500 for official reception and rep- 1958, as amended (Public Law 85–745; 3 U.S.C. lic Law 102–259, $1,750,000, to remain available resentation expenses; advances for reimburse- 102 note), is amended by striking section 2. until expended. ments to applicable funds of the Office of Per- (b) Section 3214 of title 39, United States Code, JOHN F. KENNEDY ASSASSINATION RECORDS sonnel Management and the Federal Bureau of is amended— REVIEW BOARD Investigation for expenses incurred under Exec- (1) in subsection (a) by striking ‘‘(a) Subject to utive Order 10422 of January 9, 1953, as amend- For the necessary expenses to carry out the subsection (b), a’’ and inserting ‘‘A’’; and ed; and payment of per diem and/or subsistence John F. Kennedy Assassination Records Collec- (2) by striking subsection (b). allowances to employees where Voting Rights SEC. 410. There is hereby appropriated to the tion Act of 1992, $1,600,000: Provided, That Act activities require an employee to remain General Services Administration such sums as $100,000 shall be available only for the purposes overnight at his or her post of duty; $85,350,000; may be necessary to repay debts to the United of the prompt and orderly termination of the and in addition $91,236,000 for administrative States Treasury incurred pursuant to section 6 John F. Kennedy Assassination Records Review expenses, to be transferred from the appropriate of the Pennsylvania Avenue Development Cor- Board, to be concluded no later than September trust funds of the Office of Personnel Manage- poration Act of 1972, as amended (Public Law 30, 1998. ment without regard to other statutes, including 92–578, 86 Stat. 1266, 40 U.S.C. 875), and in addi- MERIT SYSTEMS PROTECTION BOARD direct procurement of printed materials, for the tion such amounts as are necessary for payment SALARIES AND EXPENSES retirement and insurance programs: Provided, of interest and premiums, if any, related to such debts. (INCLUDING TRANSFER OF FUNDS) That the provisions of this appropriation shall SEC. 411. From funds made available under For necessary expenses to carry out functions not affect the authority to use applicable trust the heading ‘‘Federal Buildings Fund Limita- of the Merit Systems Protection Board pursuant funds as provided by section 8348(a)(1)(B) of tions on Revenue,’’ claims against the Govern- to Reorganization Plan Numbered 2 of 1978 and title 5, United States Code: Provided further, ment of less than $250,000 arising from direct the Civil Service Reform Act of 1978, including That, except as may be consistent with 5 U.S.C. construction projects and acquisition of build- services as authorized by 5 U.S.C. 3109, rental of 8902a(f)(1) and (i), no payment may be made ings may be liquidated from savings effected in conference rooms in the District of Columbia from the Employees Health Benefits Fund to other construction projects with prior notifica- and elsewhere, hire of passenger motor vehicles, any physician, hospital, or other provider of tion to the Committees on Appropriations of the and direct procurement of survey printing, health care services or supplies who is, at the House and Senate. $25,290,000, together with not to exceed time such services or supplies are provided to an SEC. 412. (a) IN GENERAL.—Notwithstanding $2,430,000 for administrative expenses to adju- individual covered under chapter 89 of title 5, any other provision of law, the Administrator of dicate retirement appeals to be transferred from United States Code, excluded, pursuant to sec- General Services shall sell the property de- the Civil Service Retirement and Disability tion 1128 or 1128A of the Social Security Act (42 scribed in subsection (b) through a process of Fund in amounts determined by the Merit Sys- U.S.C. 1320a-7–1320a-7a), from participation in competitive bidding, in accordance with proce- tems Protection Board. any program under title XVIII of the Social Se- dures and requirements applicable to such a sale curity Act (42 U.S.C. 1395 et seq.): Provided fur- NATIONAL ARCHIVES AND RECORDS under section 203(e) of the Federal Property and ther, That no part of this appropriation shall be ADMINISTRATION Administrative Services Act of 1949 (40 U.S.C. available for salaries and expenses of the Legal 484(e)). OPERATING EXPENSES Examining Unit of the Office of Personnel Man- (b) PROPERTY DESCRIBED.—The property re- For necessary expenses in connection with the agement established pursuant to Executive ferred to in subsection (a) is the property known administration of the National Archives (includ- Order 9358 of July 1, 1943, or any successor unit as the Bakersfield Federal Building, located at ing the Information Security Oversight Office) of like purpose: Provided further, That the 800 Truxton Avenue in Bakersfield, California, and records and related activities, as provided President’s Commission on White House Fel- including the land on which the building is situ- by law, and for expenses necessary for the re- lows, established by Executive Order 11183 of ated and all improvements to such building and view and declassification of documents, and for October 3, 1964, may, during the fiscal year end- land. the hire of passenger motor vehicles, ing September 30, 1998, accept donations of SEC. 413. Section 201(b) of the Federal Prop- $205,166,500: Provided, That the Archivist of the money, property, and personal services in con- erty and Administrative Services Act of 1949 (40 United States is authorized to use any excess nection with the development of a publicity bro- U.S.C. 481) as amended to read as follows: funds available from the amount borrowed for chure to provide information about the White ‘‘(b)(1) The Administrator shall as far as prac- construction of the National Archives facility, House Fellows, except that no such donations ticable provide any of the services specified in for expenses necessary to provide adequate stor- shall be accepted for travel or reimbursement of subsection (a) of this section to any other Fed- age for holdings. travel expenses, or for the salaries of employees eral agency, mixed ownership corporation (as ARCHIVES FACILITIES AND PRESIDENTIAL of such Commission. defined in section 9101 of title 31, United States LIBRARIES REPAIRS AND RESTORATION OFFICE OF INSPECTOR GENERAL Code), or the District of Columbia, upon its re- For the repair, alteration, and improvement of quest. SALARIES AND EXPENSES archives facilities and presidential libraries, and ‘‘(2)(A) Upon the request of a qualified non- (INCLUDING TRANSFER OF TRUST FUNDS) to provide adequate storage for holdings, profit agency for the blind or other severely For necessary expenses of the Office of In- $14,650,000, to remain available until expended. handicapped that is to provide a commodity or spector General in carrying out the provisions of service to the Federal Government under the NATIONAL HISTORICAL PUBLICATIONS AND the Inspector General Act, as amended, includ- Javits-Wagner O’Day Act (41 U.S.C. 46 et seq.), RECORDS COMMISSION ing services as authorized by 5 U.S.C. 3109, hire the Administrator may provide any of the serv- GRANTS PROGRAM of passenger motor vehicles, $960,000; and in ad- ices specified in subsection (a) to such agency to For necessary expenses for allocations and dition, not to exceed $8,645,000 for administra- the extent practicable. grants for historical publications and records as tive expenses to audit the Office of Personnel ‘‘(B) A nonprofit agency receiving services authorized by 44 U.S.C. 2504, as amended. Management’s retirement and insurance pro- under the authority of subparagraph (A) shall $5,500,000, to remain available until expended. grams, to be transferred from the appropriate use the services directly in making or providing OFFICE OF GOVERNMENT ETHICS trust funds of the Office of Personnel Manage- an approved commodity or approved service to ment, as determined by the Inspector General: the Federal Government. SALARIES AND EXPENSES Provided, That the Inspector General is author- ‘‘(C) In this paragraph— For necessary expenses to carry out functions ized to rent conference rooms in the District of ‘‘(i) The term ‘qualified nonprofit agency for of the Office of Government Ethics pursuant to Columbia and elsewhere. the blind or other severely handicapped’ the Ethics in Government Act of 1978, as amend- GOVERNMENT PAYMENT FOR ANNUITANTS, means— ed by Public Law 100–598, and the Ethics Re- EMPLOYEES HEALTH BENEFITS ‘‘(I) a qualified nonprofit agency for the form Act of 1989, Public Law 101–194, including For payment of Government contributions blind, as defined in section 5(3) of the Javits- services as authorized by 5 U.S.C. 3109, rental of with respect to retired employees, as authorized Wagner O’Day Act (41 U.S.C. 48b(3)); and conference rooms in the District of Columbia by chapter 89 of title 5, United States Code, and ‘‘(II) a qualified nonprofit agency for other and elsewhere, hire of passenger motor vehicles, the Retired Federal Employees Health Benefits severely handicapped, as defined in section 5(4) and not to exceed $1,500 for official reception Act (74 Stat. 849), as amended, such sums as of such Act (41 U.S.C. 48b(4)). and representation expenses; $8,265,000. ‘‘(ii) The term ‘approved commodity’ and ‘ap- may be necessary. proved service’ means a commodity and a serv- OFFICE OF PERSONNEL MANAGEMENT GOVERNMENT PAYMENT FOR ANNUITANTS, ice, respectively, that has been determined by SALARIES AND EXPENSES EMPLOYEE LIFE INSURANCE the Committee for Purchase from the Blind and (INCLUDING TRANSFER OF TRUST FUNDS) For payment of Government contributions Other Severely Handicapped under section 2 of For necessary expenses to carry out functions with respect to employees retiring after Decem- the Javits-Wagner O’Day Act (41 U.S.C. 47) to of the Office of Personnel Management pursu- ber 31, 1989, as required by chapter 87 of title 5, be suitable for procurement by the Federal Gov- ant to Reorganization Plan Numbered 2 of 1978 United States Code, such sums as may be nec- ernment.’’. and the Civil Service Reform Act of 1978, includ- essary. FEDERAL PAYMENT TO MORRIS K. UDALL SCHOL- ing services as authorized by 5 U.S.C. 3109; med- PAYMENT TO CIVIL SERVICE RETIREMENT AND ARSHIP AND EXCELLENCE IN NATIONAL ENVI- ical examinations performed for veterans by pri- DISABILITY FUND RONMENTAL POLICY FOUNDATION vate physicians on a fee basis; rental of con- For financing the unfunded liability of new For payment to the Morris K. Udall Scholar- ference rooms in the District of Columbia and and increased annuity benefits becoming effec- ship and Excellence in National Environmental elsewhere; hire of passenger motor vehicles; not tive on or after October 20, 1969, as authorized H8146 CONGRESSIONAL RECORD — HOUSE September 29, 1997 by 5 U.S.C. 8348, and annuities under special ance the entity will comply with sections 2 ed by section 532 of the Treasury, Postal Service Acts to be credited to the Civil Service Retire- through 4 of the Act of March 3, 1933 (41 U.S.C. and General Government Appropriations Act, ment and Disability Fund, such sums as may be 10a–10c, popularly known as the ‘‘Buy Amer- 1995 (Public Law 103–329; 108 Stat. 2413), and by necessary: Provided, That annuities authorized ican Act’’). section 5 under the heading ‘‘General Provi- by the Act of May 29, 1944, as amended, and the SEC. 508. (a) PURCHASE OF AMERICAN-MADE sions—Office of Personnel Management’’ under Act of August 19, 1950, as amended (33 U.S.C. EQUIPMENT AND PRODUCTS.—In the case of any title IV of the Treasury, Postal Service, and 771–75), may hereafter be paid out of the Civil equipment or products that may be authorized General Government Appropriations Act, 1996 Service Retirement and Disability Fund. to be purchased with financial assistance pro- (Public Law 104–52; 109 Stat. 490), is further OFFICE OF SPECIAL COUNSEL vided under this Act, it is the sense of the Con- amended by striking ‘‘1998’’ both places it ap- gress that entities receiving such assistance pears and inserting ‘‘2000’’. SALARIES AND EXPENSES should, in expending the assistance, purchase SEC. 516. (a) Title 5, United States Code, is For necessary expenses to carry out functions only American-made equipment and products. amended— of the Office of Special Counsel pursuant to Re- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In (1) in section 8334 by adding at the end the organization Plan Numbered 2 of 1978, the Civil providing financial assistance under this Act, following new subsection: Service Reform Act of 1978 (Public Law 95–454), the Secretary of the Treasury shall provide to ‘‘(m) A Member who has served in a position the Whistleblower Protection Act of 1989 (Public each recipient of the assistance a notice describ- in the executive branch for which the rate of Law 101–12), Public Law 103–424, and the Uni- ing the statement made in subsection (a) by the basic pay was reduced for the duration of the formed Services Employment and Reemployment Congress. service of the Member to remove the impediment Act of 1994 (Public Law 103–353), including serv- SEC. 509. If it has been finally determined by to the appointment of the Member imposed by ices as authorized by 5 U.S.C. 3109, payment of a court or Federal agency that any person in- article I, section 6, clause 2 of the Constitution, fees and expenses for witnesses, rental of con- tentionally affixed a label bearing a ‘‘Made in or the survivor of such a Member, may deposit ference rooms in the District of Columbia and America’’ inscription, or any inscription with to the credit of the Fund an amount equal to elsewhere, and hire of passenger motor vehicles; the same meaning, to any product sold in or the difference between the amount deducted $8,450,000. shipped to the United States that is not made in from the basic pay of the Member during that UNITED STATES TAX COURT the United States, such person shall be ineligible period of service and the amount that would SALARIES AND EXPENSES to receive any contract or subcontract made have been deducted if the rate of basic pay For necessary expenses, including contract re- with funds provided pursuant to this Act, pur- which would otherwise have been in effect dur- porting and other services as authorized by 5 suant to the debarment, suspension, and ineli- ing that period had been in effect, plus interest U.S.C. 3109, $33,921,000: Provided, That travel gibility procedures described in sections 9.400 computed under subsection (e).’’; expenses of the judges shall be paid upon the through 9.409 of title 48, Code of Federal Regu- (2) in section 8337(a) by striking ‘‘or (q)’’ and written certificate of the judge. lations. inserting ‘‘(q), or (r)’’; This title may be cited as the ‘‘Independent SEC. 510. Except as otherwise specifically pro- (3) in section 8339— Agencies Appropriations Act, 1998’’. vided by law, not to exceed 50 percent of unobli- (A) in subsections (f) and (i)–(m) by striking TITLE V—GENERAL PROVISIONS gated balances remaining available at the end of ‘‘and (q) of this section’’ and ‘‘and (q)’’ each fiscal year 1998 from appropriations made avail- time either appears and inserting ‘‘(q), and (r)’’; THIS ACT able for salaries and expenses for fiscal year (B) in subsection (g) by striking ‘‘or (q) of this SEC. 501. No part of any appropriation con- 1998 in this Act, shall remain available through section’’ each time it appears and inserting ‘‘(q), tained in this Act shall remain available for ob- September 30, 1999, for each such account for or (r)’’; and ligation beyond the current fiscal year unless the purposes authorized: Provided, That a re- (C) by adding at the end the following new expressly so provided herein. quest shall be submitted to the House and Sen- subsection: SEC. 502. The expenditure of any appropria- ate Committees on Appropriations for approval ‘‘(r) The annuity of a Member who has served tion under this Act for any consulting service prior to the expenditure of such funds: Provided in a position in the executive branch for which through procurement contract, pursuant to 5 further, That these requests shall be made in the rate of basic pay was reduced for the dura- U.S.C. 3109, shall be limited to those contracts compliance with reprogramming guidelines. tion of the service of the Member in that posi- where such expenditures are a matter of public SEC. 511. None of the funds made available in tion to remove the impediment to the appoint- record and available for public inspection, ex- this Act may be used by the Executive Office of ment of the Member imposed by article I, section cept where otherwise provided under existing the President to request from the Federal Bu- 6, clause 2 of the Constitution, shall, subject to law, or under existing Executive order issued reau of Investigation any official background a deposit in the Fund as provided under section pursuant to existing law. investigation report on any individual, except 8334(m), be computed as though the rate of basic SEC. 503. None of the funds made available by when it is made known to the Federal official pay which would otherwise have been in effect this Act shall be available for any activity or for having authority to obligate or expend such during that period of service had been in ef- paying the salary of any Government employee funds that— fect.’’; where funding an activity or paying a salary to (1) such individual has given his or her ex- (4) in section 8341(b)(1) and (d) by striking a Government employee would result in a deci- press written consent for such request not more ‘‘and (q) of this title’’ each place it appears and sion, determination, rule, regulation, or policy than 6 months prior to the date of such request inserting ‘‘(q), and (r)’’; that would prohibit the enforcement of section and during the same presidential administra- (5) in section 8334a(c) by striking ‘‘and (q) of 307 of the Tariff Act of 1930. tion; or section 8339 of this title’’ and inserting ‘‘(q), and SEC. 504. None of the funds made available by (2) such request is required due to extraor- (r) of section 8339’’; this Act shall be available in fiscal year 1998, for dinary circumstances involving national secu- (6) in section 8344(a)(A) by striking ‘‘and (q) the purpose of transferring control over the Fed- rity. of this title’’ and inserting ‘‘(q), and (r)’’; eral Law Enforcement Training Center located SEC. 512. (a) PROHIBITING REAPPOINTMENT OF (7) in section 8415 by adding at the end the at Glynco, Georgia, and Artesia, New Mexico, MEMBERS OF FEDERAL ELECTION COMMISSION.— following new subsection: out of the Treasury Department. Section 306(a)(2)(A) of the Federal Election ‘‘(h) The annuity of a Member who has served SEC. 505. The Office of Personnel Management Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is in a position in the executive branch for which may, during the fiscal year ending September 30, amended by striking ‘‘for terms of 6 years’’ and the rate of basic pay was reduced for the dura- 1998, and hereafter, accept donations of sup- inserting ‘‘for a single term of 6 years’’. tion of the service of the Member in that posi- plies, services, land, and equipment for the Fed- (b) APPLICABILITY.—The amendment made by tion to remove the impediment to the appoint- eral Executive Institute and Management Devel- subsection (a) shall apply with respect to indi- ment of the Member imposed by article I, section opment Centers to assist in enhancing the qual- viduals nominated by the President to be mem- 6, clause 2 of the Constitution, shall, subject to ity of Federal management. bers of the Federal Election Commission after a deposit in the Fund as provided under section SEC. 506. No part of any appropriation con- December 31, 1997. 8422(g), be computed as though the rate of basic tained in this Act shall be available to pay the SEC. 513. No funds appropriated by this Act pay which would otherwise have been in effect salary for any person filling a position, other shall be available to pay for an abortion, or the during that period of service had been in ef- than a temporary position, formerly held by an administrative expenses in connection with any fect.’’ employee who has left to enter the Armed Forces health plan under the Federal employees health (8) in section 8422 by adding at the end the of the United States and has satisfactorily com- benefit program which provides any benefits or following new subsection: pleted his period of active military or naval coverage for abortions. ‘‘(g) A Member who has served in a position service and has within 90 days after his release SEC. 514. The provision of section 513 shall not in the executive branch for which the rate of from such service or from hospitalization con- apply where the life of the mother would be en- basic pay was reduced for the duration of the tinuing after discharge for a period of not more dangered if the fetus were carried to term, or the service of the Member to remove the impediment than 1 year made application for restoration to pregnancy is the result of an act of rape or in- to the appointment of the Member imposed by his former position and has been certified by the cest. article I, section 6, clause 2 of the Constitution, Office of Personnel Management as still quali- SEC. 515. Section 1 under the subheading or the survivor of such a Member, may deposit fied to perform the duties of his former position ‘‘General Provision’’ under the heading ‘‘Office to the credit of the Fund an amount equal to and has not been restored thereto. of Personnel Management’’ under title IV of the the difference between the amount deducted SEC. 507. No funds appropriated pursuant to Treasury, Postal Service and General Govern- from the basic pay of the member during that this Act may be expended by an entity unless ment Appropriations Act, 1992 (Public Law 102– period of service and the amount that would the entity agrees that in expending the assist- 141; 105 Stat. 861; 5 U.S.C. 5941 note), as amend- have been deducted if the rate of basic pay September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8147 which would otherwise have been in effect dur- TITLE VI—GENERAL PROVISIONS United States after January 1, 1975, or (6) is a ing that period had been in effect, plus interest DEPARTMENTS, AGENCIES, AND CORPORATIONS national of the People’s Republic of China who computed under section 8334(e).’’; and qualifies for adjustment of status pursuant to SEC. 601. Funds appropriated in this or any the Chinese Student Protection Act of 1992: Pro- (9) in section 8468 by striking ‘‘through (f)’’ other Act may be used to pay travel to the Unit- vided, That for the purpose of this section, an and inserting ‘‘through (g)’’. ed States for the immediate family of employees affidavit signed by any such person shall be (b) The amendments made by subsection (a) serving abroad in cases of death or life threaten- considered prima facie evidence that the re- shall be applicable to any annuity commencing ing illness of said employee. quirements of this section with respect to his or before, on, or after the date of enactment of this SEC. 602. No department, agency, or instru- her status have been complied with: Provided Act, and shall be effective with regard to any mentality of the United States receiving appro- further, That any person making a false affida- payment made after the first month following priated funds under this or any other Act for vit shall be guilty of a felony, and, upon convic- the date of enactment. fiscal year 1998 shall obligate or expend any tion, shall be fined no more than $4,000 or im- SEC. 517. (a) Section 5948 of title 5, United such funds, unless such department, agency, or prisoned for not more than 1 year, or both: Pro- States Code, is amended— instrumentality has in place, and will continue vided further, That the above penal clause shall (1) in subsection (d) by striking the second to administer in good faith, a written policy de- be in addition to, and not in substitution for, sentence and inserting the following: ‘‘No agree- signed to ensure that all of its workplaces are ment shall be entered into under this section any other provisions of existing law: Provided free from the illegal use, possession, or distribu- further, That any payment made to any officer later than September 30, 2000, nor shall any tion of controlled substances (as defined in the or employee contrary to the provisions of this agreement cover a period of service extending Controlled Substances Act) by the officers and section shall be recoverable in action by the beyond September 30, 2002.’’; and employees of such department, agency, or in- Federal Government. This section shall not (2) in subsection (j)(2)(A) by striking ‘‘Septem- strumentality. apply to citizens of Ireland, Israel, or the Re- ber 30, 1997’’ and inserting ‘‘September 30, SEC. 603. Notwithstanding 31 U.S.C. 1345, any public of the Philippines, or to nationals of 2000’’. agency, department, or instrumentality of the those countries allied with the United States in (b) Section 3 of the Federal Physicians Com- United States which provides or proposes to pro- a current defense effort, or to international parability Allowance Act of 1978 (5 U.S.C. 5948 vide child care services for Federal employees broadcasters employed by the United States In- note) is amended by striking ‘‘September 30, may reimburse any Federal employee or any formation Agency, or to temporary employment 1999’’ and inserting ‘‘September 30, 2002’’. person employed to provide such services for of translators, or to temporary employment in (c) The amendments made by this section shall travel, transportation, and subsistence expenses the field service (not to exceed 60 days) as a re- take effect on the date of enactment of this Act. incurred for training classes, conferences, or sult of emergencies. SEC. 518. (a)(1) Section 8341 of title 5, United other meetings in connection with the provision SEC. 607. Appropriations available to any de- States Code, is amended by adding at the end of such services: Provided, That any per diem partment or agency during the current fiscal the following: allowance made pursuant to this section shall year for necessary expenses, including mainte- ‘‘(k)(1) Subsections (b)(3)(B), (d)(ii), and not exceed the rate specified in regulations pre- nance or operating expenses, shall also be avail- (h)(3)(B)(i) (to the extent that they provide for scribed pursuant to section 5707 of title 5, Unit- able for payment to the General Services Admin- termination of a survivor annuity because of a ed States Code. istration for charges for space and services and remarriage before age 55) shall not apply if the SEC. 604. Unless otherwise specifically pro- those expenses of renovation and alteration of widow, widower, or former spouse was married vided, the maximum amount allowable during buildings and facilities which constitute public for at least 30 years to the individual on whose the current fiscal year in accordance with sec- improvements performed in accordance with the service the survivor annuity is based. tion 16 of the Act of August 2, 1946 (60 Stat. Public Buildings Act of 1959 (73 Stat. 749), the ‘‘(2) A remarriage described in paragraph (1) 810), for the purchase of any passenger motor Public Buildings Amendments of 1972 (87 Stat. shall not be taken into account for purposes of vehicle (exclusive of buses, ambulances, law en- 216), or other applicable law. section 8339(j)(5)(B) or (C) or any other provi- forcement, and undercover surveillance vehi- SEC. 608. In addition to funds provided in this sion of this chapter which the Office may by cles), is hereby fixed at $8,100 except station or any other Act, all Federal agencies are au- regulation identify in order to carry out the wagons for which the maximum shall be $9,100: thorized to receive and use funds resulting from purposes of this subsection.’’. Provided, That these limits may be exceeded by the sale of materials, including Federal records (2) Such section 8341 is further amended— not to exceed $3,700 for police-type vehicles, and disposed of pursuant to a records schedule re- by not to exceed $4,000 for special heavy-duty covered through recycling or waste prevention (A) in subsections (b)(3)(B) and (d)(ii) by vehicles: Provided further, That the limits set programs. Such funds shall be available until striking ‘‘remarries’’ and inserting ‘‘except as forth in this section may not be exceeded by expended for the following purposes: provided in subsection (k), remarries’’; and more than 5 percent for electric or hybrid vehi- (1) Acquisition, waste reduction and preven- (B) in subsection (h)(3)(B)(i) by striking ‘‘in’’ cles purchased for demonstration under the pro- tion, and recycling programs as described in Ex- and inserting ‘‘except as provided in subsection visions of the Electric and Hybrid Vehicle Re- ecutive Order 12873 (October 20, 1993), including (k), in’’. search, Development, and Demonstration Act of any such programs adopted prior to the effective (b)(1)(A) Section 8442(d) of title 5, United 1976: Provided further, That the limits set forth date of the Executive Order. States Code, is amended by adding at the end in this section may be exceeded by the incremen- (2) Other Federal agency environmental man- the following: tal cost of clean alternative fuels vehicles ac- agement programs, including, but not limited to, ‘‘(3) Paragraph (1)(B) (relating to termination quired pursuant to Public Law 101–549 over the the development and implementation of hazard- of a survivor annuity because of a remarriage cost of comparable conventionally fueled vehi- ous waste management and pollution prevention before age 55) shall not apply if the widow or cles. programs. (3) Other employee programs as authorized by widower was married for at least 30 years to the SEC. 605. Appropriations of the executive de- law or as deemed appropriate by the head of the individual on whose service the survivor annu- partments and independent establishments for Federal agency. ity is based.’’. the current fiscal year available for expenses of (B) Subsection (d)(1)(B) of such section 8442 is SEC. 609. Funds made available by this or any travel, or for the expenses of the activity con- other Act for administrative expenses in the cur- amended by striking ‘‘remarries’’ and inserting cerned, are hereby made available for quarters ‘‘except as provided in paragraph (3), remar- rent fiscal year of the corporations and agencies allowances and cost-of-living allowances, in ac- subject to chapter 91 of title 31, United States ries’’. cordance with 5 U.S.C. 5922–24. (2)(A) Section 8445 of title 5, United States Code, shall be available, in addition to objects SEC. 606. Unless otherwise specified during the for which such funds are otherwise available, Code, is amended by adding at the end the fol- current fiscal year, no part of any appropria- lowing: for rent in the District of Columbia; services in tion contained in this or any other Act shall be accordance with 5 U.S.C. 3109; and the objects ‘‘(h)(1) Subsection (c)(2) (to the extent that it used to pay the compensation of any officer or specified under this head, all the provisions of provides for termination of a survivor annuity employee of the Government of the United which shall be applicable to the expenditure of because of a remarriage before age 55) shall not States (including any agency the majority of the such funds unless otherwise specified in the Act apply if the former spouse was married for at stock of which is owned by the Government of by which they are made available: Provided, least 30 years to the individual on whose service the United States) whose post of duty is in the That in the event any functions budgeted as ad- the survivor annuity is based. continental United States unless such person (1) ministrative expenses are subsequently trans- ‘‘(2) A remarriage described in paragraph (1) is a citizen of the United States, (2) is a person ferred to or paid from other funds, the limita- shall not be taken into account for purposes of in the service of the United States on the date tions on administrative expenses shall be cor- section 8419(b)(1)(B) or any other provision of of enactment of this Act who, being eligible for respondingly reduced. this chapter which the Office may by regulation citizenship, has filed a declaration of intention SEC. 610. No part of any appropriation for the identify in order to carry out the purposes of to become a citizen of the United States prior to current fiscal year contained in this or any this subsection.’’. such date and is actually residing in the United other Act shall be paid to any person for the (B) CONFORMING AMENDMENT.—Subsection States, (3) is a person who owes allegiance to filling of any position for which he or she has (c)(2) of such section 8445 is amended by striking the United States, (4) is an alien from Cuba, Po- been nominated after the Senate has voted not ‘‘shall’’ and inserting ‘‘except as provided in land, South Vietnam, the countries of the to approve the nomination of said person. subsection (h), shall’’. former Soviet Union, or the Baltic countries SEC. 611. No part of any appropriation con- (c) EFFECTIVE DATE.—The amendments made lawfully admitted to the United States for per- tained in this or any other Act shall be available by this section shall apply with respect to re- manent residence, (5) is a South Vietnamese, for interagency financing of boards (except Fed- marriages occurring on or after January 1, 1995. Cambodian, or Laotian refugee paroled in the eral Executive Boards), commissions, councils, H8148 CONGRESSIONAL RECORD — HOUSE September 29, 1997 committees, or similar groups (whether or not (e) This section shall apply with respect to Bureau of Investigation and the Drug Enforce- they are interagency entities) which do not have pay for service performed after September 30, ment Administration of the Department of Jus- a prior and specific statutory approval to re- 1997. tice, the Department of Transportation, the De- ceive financial support from more than one (f) For the purpose of administering any pro- partment of the Treasury, and the Department agency or instrumentality. vision of law (including section 8431 of title 5, of Energy performing intelligence functions; and SEC. 612. Funds made available by this or any United States Code, and any rule or regulation (7) the Director of Central Intelligence. other Act to the Postal Service Fund (39 U.S.C. that provides premium pay, retirement, life in- SEC. 619. No department, agency, or instru- 2003) shall be available for employment of surance, or any other employee benefit) that re- mentality of the United States receiving appro- guards for all buildings and areas owned or oc- quires any deduction or contribution, or that priated funds under this or any other Act for cupied by the Postal Service and under the imposes any requirement or limitation on the fiscal year 1998 shall obligate or expend any charge and control of the Postal Service, and basis of a rate of salary or basic pay, the rate such funds, unless such department, agency, or such guards shall have, with respect to such of salary or basic pay payable after the applica- instrumentality has in place, and will continue property, the powers of special policemen pro- tion of this section shall be treated as the rate to administer in good faith, a written policy de- vided by the first section of the Act of June 1, of salary or basic pay. signed to ensure that all of its workplaces are 1948, as amended (62 Stat. 281; 40 U.S.C. 318), (g) Nothing in this section shall be considered free from discrimination and sexual harassment and, as to property owned or occupied by the to permit or require the payment to any em- and that all of its workplaces are not in viola- Postal Service, the Postmaster General may take ployee covered by this section at a rate in excess tion of title VII of the Civil Rights Act of 1964, the same actions as the Administrator of Gen- of the rate that would be payable were this sec- as amended, the Age Discrimination in Employ- eral Services may take under the provisions of tion not in effect. ment Act of 1967, and the Rehabilitation Act of sections 2 and 3 of the Act of June 1, 1948, as (h) The Office of Personnel Management may 1973. amended (62 Stat. 281; 40 U.S.C. 318a, 318b), at- provide for exceptions to the limitations imposed SEC. 620. No part of any appropriation con- taching thereto penal consequences under the by this section if the Office determines that such tained in this Act may be used to pay for the ex- authority and within the limits provided in sec- exceptions are necessary to ensure the recruit- penses of travel of employees, including employ- tion 4 of the Act of June 1, 1948, as amended (62 ment or retention of qualified employees. ees of the Executive Office of the President, not Stat. 281; 40 U.S.C. 318c). SEC. 615. During the period in which the head directly responsible for the discharge of official SEC. 613. None of the funds made available of any department or agency, or any other offi- governmental tasks and duties: Provided, That pursuant to the provisions of this Act shall be cer or civilian employee of the Government ap- this restriction shall not apply to the family of used to implement, administer, or enforce any pointed by the President of the United States, the President, Members of Congress or their regulation which has been disapproved pursu- holds office, no funds may be obligated or ex- spouses, Heads of State of a foreign country or ant to a resolution of disapproval duly adopted pended in excess of $5,000 to furnish or redeco- their designees, persons providing assistance to in accordance with the applicable law of the rate the office of such department head, agency the President for official purposes, or other indi- United States. head, officer, or employee, or to purchase fur- viduals so designated by the President. SEC. 614. (a) Notwithstanding any other provi- niture or make improvements for any such of- SEC. 621. Notwithstanding any provision of sion of law, and except as otherwise provided in fice, unless advance notice of such furnishing or law, the President, or his designee, must certify this section, no part of any of the funds appro- redecoration is expressly approved by the Com- to Congress, annually, that no person or per- priated for the fiscal year ending on September mittees on Appropriations of the House and Sen- sons with direct or indirect responsibility for ad- 30, 1998, by this or any other Act, may be used ate. For the purposes of this section, the word ministering the Executive Office of the Presi- to pay any prevailing rate employee described in ‘‘office’’ shall include the entire suite of offices dent’s Drug-Free Workplace Plan are themselves section 5342(a)(2)(A) of title 5, United States assigned to the individual, as well as any other subject to a program of individual random drug Code— space used primarily by the individual or the testing. (1) during the period from the date of expira- use of which is directly controlled by the indi- SEC. 622. (a) None of the funds made available tion of the limitation imposed by section 616 of vidual. in this or any other Act may be obligated or ex- the Treasury, Postal Service and General Gov- SEC. 616. Notwithstanding any other provision pended for any employee training that— ernment Appropriations Act, 1997, until the nor- of law, no executive branch agency shall pur- (1) does not meet identified needs for knowl- mal effective date of the applicable wage survey chase, construct, and/or lease any additional fa- edge, skills, and abilities bearing directly upon adjustment that is to take effect in fiscal year cilities, except within or contiguous to existing the performance of official duties; 1998, in an amount that exceeds the rate pay- locations, to be used for the purpose of conduct- (2) contains elements likely to induce high lev- able for the applicable grade and step of the ap- ing Federal law enforcement training without els of emotional response or psychological stress plicable wage schedule in accordance with such the advance approval of the House and Senate in some participants; section 616; and Committees on Appropriations. (3) does not require prior employee notifica- (2) during the period consisting of the remain- SEC. 617. Notwithstanding section 1346 of title tion of the content and methods to be used in der of fiscal year 1998, in an amount that ex- 31, United States Code, or section 611 of this the training and written end of course evalua- ceeds, as a result of a wage survey adjustment, Act, funds made available for fiscal year 1998 by tion; the rate payable under paragraph (1) by more this or any other Act shall be available for the (4) contains any methods or content associ- than the sum of— interagency funding of national security and ated with religious or quasi-religious belief sys- (A) the percentage adjustment taking effect in emergency preparedness telecommunications ini- tems or ‘‘new age’’ belief systems as defined in fiscal year 1998 under section 5303 of title 5, tiatives which benefit multiple Federal depart- Equal Employment Opportunity Commission No- United States Code, in the rates of pay under ments, agencies, or entities, as provided by Ex- tice N–915.022, dated September 2, 1988; the General Schedule; and ecutive Order Numbered 12472 (April 3, 1984). (5) is offensive to, or designed to change, par- (B) the difference between the overall average SEC. 618. (a) None of the funds appropriated ticipants’ personal values or lifestyle outside the percentage of the locality-based comparability by this or any other Act may be obligated or ex- workplace; or payments taking effect in fiscal year 1998 under pended by any Federal department, agency, or (6) includes content related to human section 5304 of such title (whether by adjustment other instrumentality for the salaries or ex- immunodeficiency virus-acquired immune defi- or otherwise), and the overall average percent- penses of any employee appointed to a position ciency syndrome (HIV/AIDS) other than that age of such payments which was effective in fis- of a confidential or policy-determining char- necessary to make employees more aware of the cal year 1997 under such section. acter excepted from the competitive service pur- medical ramifications of HIV/AIDS and the (b) Notwithstanding any other provision of suant to section 3302 of title 5, United States workplace rights of HIV-positive employees. law, no prevailing rate employee described in Code, without a certification to the Office of (b) Nothing in this section shall prohibit, re- subparagraph (B) or (C) of section 5342(a)(2) of Personnel Management from the head of the strict, or otherwise preclude an agency from title 5, United States Code, and no employee Federal department, agency, or other instru- conducting training bearing directly upon the covered by section 5348 of such title, may be mentality employing the Schedule C appointee performance of official duties. paid during the periods for which subsection (a) that the Schedule C position was not created SEC. 623. No funds appropriated in this or any is in effect at a rate that exceeds the rates that solely or primarily in order to detail the em- other Act for fiscal year 1998 may be used to im- would be payable under subsection (a) were sub- ployee to the White House. plement or enforce the agreements in Standard section (a) applicable to such employee. (b) The provisions of this section shall not Forms 312 and 4355 of the Government or any (c) For the purposes of this section, the rates apply to Federal employees or members of the other nondisclosure policy, form, or agreement if payable to an employee who is covered by this armed services detailed to or from— such policy, form, or agreement does not contain section and who is paid from a schedule not in (1) the Central Intelligence Agency; the following provisions: ‘‘These restrictions are existence on September 30, 1997, shall be deter- (2) the National Security Agency; consistent with and do not supersede, conflict mined under regulations prescribed by the Of- (3) the Defense Intelligence Agency; with, or otherwise alter the employee obliga- fice of Personnel Management. (4) the offices within the Department of De- tions, rights, or liabilities created by Executive (d) Notwithstanding any other provision of fense for the collection of specialized national Order 12356; section 7211 of title 5, United States law, rates of premium pay for employees subject foreign intelligence through reconnaissance pro- Code (governing disclosures to Congress); sec- to this section may not be changed from the grams; tion 1034 of title 10, United States Code, as rates in effect on September 30, 1997, except to (5) the Bureau of Intelligence and Research of amended by the Military Whistleblower Protec- the extent determined by the Office of Personnel the Department of State; tion Act (governing disclosure to Congress by Management to be consistent with the purpose (6) any agency, office, or unit of the Army, members of the military); section 2302(b)(8) of of this section. Navy, Air Force, and Marine Corps, the Federal title 5, United States Code, as amended by the September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8149

Whistleblower Protection Act (governing disclo- SEC. 628. None of the funds made available in Congress each year as part of the President’s sures of illegality, waste, fraud, abuse or public this Act or any other Act may be used to provide annual budget. health or safety threats); the Intelligence Identi- any non-public information such as mailing or SEC. 636. Notwithstanding any other provision ties Protection Act of 1982 (50 U.S.C. 421 et seq.) telephone lists to any person or any organiza- of law, no part of any appropriation contained (governing disclosures that could expose con- tion outside of the Federal Government without in this Act or any other Act for any fiscal year fidential Government agents); and the statutes the approval of the House and Senate Commit- shall be available for paying Sunday premium which protect against disclosure that may com- tees on Appropriations. pay to any employee unless such employee actu- promise the national security, including sections SEC. 629. Notwithstanding section 611, inter- ally performed work during the time correspond- 641, 793, 794, 798, and 952 of title 18, United agency financing is authorized to carry out the ing to such premium pay. States Code, and section 4(b) of the Subversive purposes of the National Bioethics Advisory SEC. 637. Section 302(g)(1) of the Federal Elec- Activities Act of 1950 (50 U.S.C. section 783(b)). Commission. tion Campaign Act of 1971 (2 U.S.C. 432(g)(1)) is The definitions, requirements, obligations, SEC. 630. No part of any appropriation con- amended— rights, sanctions, and liabilities created by said tained in this or any other Act shall be used for (1) by striking ‘‘and’’ after ‘‘Senator,’’; and Executive Order and listed statutes are incor- publicity or propaganda purposes within the (2) by inserting after ‘‘candidate,’’ the follow- porated into this agreement and are control- United States not heretofore authorized by the ing: ‘‘and by the Republican and Democratic ling.’’: Provided, That notwithstanding the pre- Congress. Senatorial Campaign Committees’’. ceding paragraph, a nondisclosure policy form SEC. 631. None of the funds appropriated in SEC. 638. (a) Chapter 31 of title 5, United or agreement that is to be executed by a person this or any other Act shall be used to acquire in- States Code, is amended by inserting after sec- connected with the conduct of an intelligence or formation technologies which do not comply tion 3112 the following: intelligence-related activity, other than an em- with part 39.106 (Year 2000 compliance) of the ‘‘§ 3113. Restriction on reemployment after ployee or officer of the United States Govern- Federal Acquisition Regulation, unless an agen- conviction of certain crimes ment, may contain provisions appropriate to the cy’s Chief Information Officer determines that ‘‘An employee shall be separated from service particular activity for which such document is non-compliance with part 39.106 is necessary to and barred from reemployment in the Federal to be used. Such form or agreement shall, at a the function and operation of the requesting service, if— minimum, require that the person will not dis- agency or the acquisition is required by a signed ‘‘(1) the employee is convicted of a violation of close any classified information received in the contract with the agency in effect before the section 201(b) of title 18; and course of such activity unless specifically au- date of enactment of this Act. Any waiver ‘‘(2) such violation related to conduct prohib- thorized to do so by the United States Govern- granted by the Chief Information Officer shall ited under section 1010(a) of the Controlled Sub- ment. Such nondisclosure forms shall also make be reported to the Office of Management and stances Import and Export Act (21 U.S.C. it clear that they do not bar disclosures to Con- Budget, and copies shall be provided to Con- 960(a)).’’. gress or to an authorized official of an executive gress. (b) The table of sections for chapter 31 of title agency or the Department of Justice that are es- SEC. 632. For fiscal year 1998, the Secretary of 5, United States Code, is amended by inserting sential to reporting a substantial violation of the Treasury is authorized to use funds made after the item relating to section 3112 the follow- law. available to the FSLIC Resolution Fund under ing: EC. 624. No part of any funds appropriated S Public Law 103–327, not to exceed $33,700,000, to ‘‘3113. Restriction on reemployment after convic- in this or any other Act shall be used by an reimburse the Department of Justice for the rea- tion of certain crimes.’’. agency of the executive branch, other than for sonable expenses of litigation that are incurred (c) This section shall apply during fiscal year normal and recognized executive-legislative rela- in the defense of claims against the U.S. arising 1998 and each fiscal year thereafter. tionships, for publicity or propaganda purposes, from FIRREA and its implementation. SEC. 639. (a) COORDINATION OF COUNTERDRUG and for the preparation, distribution or use of SEC. 633. PERSONAL ALLOWANCE PARITY INTELLIGENCE CENTERS AND ACTIVITIES.—(1) Not any kit, pamphlet, booklet, publication, radio, AMONG NAFTA PARTIES. (a) IN GENERAL.—The later than 120 days after the date of enactment television or film presentation designed to sup- United States Trade Representative and the Sec- of this Act, the Director of the Office of Na- port or defeat legislation pending before the retary of the Treasury, in consultation with the tional Drug Control Policy shall submit to the Congress, except in presentation to the Congress Secretary of Commerce, shall initiate discussions appropriate congressional committees, including itself. with officials of the Governments of Mexico and the Committees on Appropriations, a plan to im- SEC. 625. (a) IN GENERAL.—No later than Sep- Canada to achieve parity in the duty-free per- prove coordination, and eliminate unnecessary tember 30, 1998, the Director of the Office of sonal allowance structure of the United States, duplication, among the counterdrug intelligence Management and Budget shall submit to the Mexico, and Canada. centers and counterdrug activities of the Fed- Congress a report that provides— (b) REPORT.—The United States Trade Rep- eral Government, including the centers and ac- (1) estimates of the total annual costs and resentative and the Secretary of the Treasury tivities of the following departments and agen- benefits of Federal regulatory programs, includ- shall report to Congress within 90 days after the cies: ing quantitative and nonquantitative measures date of enactment of this Act on the progress (A) The Department of Defense, including the of regulatory costs and benefits; that is being made to correct any disparity be- (2) estimates of the costs and benefits (includ- Defense Intelligence Agency. tween the United States, Mexico, and Canada ing quantitative and nonquantitative measures) (B) The Department of the Treasury, includ- with respect to duty-free personal allowances. of each rule that is likely to have a gross annual ing the United States Customs Service and the (c) RECOMMENDATIONS.—If parity with respect effect on the economy of $100,000,000 or more in Financial Crimes Enforcement Network to duty-free personal allowances between the increased costs; (FinCEN). United States, Mexico, and Canada is not (3) an assessment of the direct and indirect (C) The Central Intelligence Agency. impacts of Federal rules on the private sector, achieved within 180 days after the date of en- (D) The Coast Guard. State and local government, and the Federal actment of this Act, the United States Trade (E) The Department of Justice, including the Government; and Representative and the Secretary of the Treas- National Drug Intelligence Center (NDIC); the (4) recommendations from the Director and a ury shall submit recommendations to Congress Drug Enforcement Administration, including description of significant public comments to re- for appropriate legislation and action. the El Paso Intelligence Center (EPIC); and the form or eliminate any Federal regulatory pro- SEC. 634. None of the funds made available in Federal Bureau of Investigation. gram or program element that is inefficient, in- this Act for the United States Custom Service (2) The purpose of the plan under paragraph effective, or is not a sound use of the Nation’s may be used to allow the importation into the (1) is to maximize the effectiveness of the centers resources. United States of any good, ware, article, or mer- and activities referred to in that paragraph in (b) NOTICE.—The Director shall provide public chandise mined, produced, or manufactured by achieving the objectives of the national drug notice and an opportunity to comment on the forced or indentured child labor, as determined control strategy. In order to maximize such ef- report under subsection (a) before the report is pursuant to section 307 of the Tariff Act of 1930 fectiveness, the plan shall— issued in final form. (19 U.S.C. 1307). (A) articulate clear and specific mission state- SEC. 626. None of the funds appropriated by SEC. 635. No later than 30 days after the en- ments for each counterdrug intelligence center this Act or any other Act, may be used by an actment of this Act, the Director of the Office of and activity, including the manner in which re- agency to provide a Federal employee’s home Management and Budget shall require all Fed- sponsibility for counterdrug intelligence activi- address to any labor organization except when eral departments and agencies to report total ob- ties will be allocated among the counterdrug in- it is made known to the Federal official having ligations for the expenses of employee reloca- telligence centers; authority to obligate or expend such funds that tion. All obligations incident to employee reloca- (B) specify the relationship between such cen- the employee has authorized such disclosure or tion authorized under either chapter 57 of title ters; that such disclosure has been ordered by a court 5, United States Code, or section 901 of the For- (C) specify the means by which proper over- of competent jurisdiction. eign Service Act of 1980 (22 U.S.C. 4081; Public sight of such centers will be assured; SEC. 627. The Secretary of the Treasury is au- Law 96–465), shall be included. Such informa- (D) specify the means by which counterdrug thorized to establish scientific certification tion for the past, current, and budget years intelligence will be forwarded effectively to all standards for explosives detection canines, and shall be included in the agency budget submis- levels of officials responsible for United States shall provide, on a reimbursable basis, for the sion to the President. The Director of the Office counterdrug policy; and certification of explosives detection canines em- of Management and Budget shall prepare a (E) specify mechanisms to ensure that State ployed by Federal agencies, or other agencies table presenting obligations for the expenses of and local law enforcement agencies are apprised providing explosives detection services at air- employee relocation for all departments and of counterdrug intelligence acquired by Federal ports in the United States. agencies, and such table shall be transmitted to law enforcement agencies in a manner which— H8150 CONGRESSIONAL RECORD — HOUSE September 29, 1997 (i) facilitates effective counterdrug activities (d)(1) Section 210(a)(5)(H)(i) of the Social Se- programming guidelines of the Committees by State and local law enforcement agencies; curity Act (42 U.S.C. 410(a)(5)(H)(i)) is amend- on Appropriations. These guidelines shall be and ed— complied with by all agencies funded by the (ii) provides such State and local law enforce- (A) by striking ‘‘or’’ after ‘‘1986’’ and insert- Treasury, Postal Service and General Gov- ment agencies with the information relating to ing a comma; and ernment Appropriations Act, 1998: the safety of officials involved in their (B) by inserting ‘‘or the Federal Employees’ 1. Except under extraordinary and emer- counterdrug activities. Retirement System Open Enrollment Act of gency situations, the Committees on Appro- (b) APPROPRIATE CONGRESSIONAL COMMITTEES 1997’’ after ‘‘(50 U.S.C. 2157),’’. priations will not consider requests for a re- DEFINED.—In this section, the term ‘‘appro- (2) Section 3121(b)(5)(H)(i) of the Internal programming or a transfer of funds, or use of priate congressional committees’’ means the fol- Revenue Code of 1986 is amended— unobligated balances, which are submitted lowing: (A) by striking ‘‘or’’ after ‘‘1986’’ and insert- after the close of the third quarter of the fis- (1) The Committee on Foreign Relations, the ing a comma; and cal year, June 30; Committee on the Judiciary, and the Select Com- (B) by inserting ‘‘or the Federal Employees’ 2. Clearly stated and detailed documenta- mittee on Intelligence of the Senate. Retirement System Open Enrollment Act of tion presenting justification for the re- (2) The Committee on International Relations, 1997’’ after ‘‘(50 U.S.C. 2157),’’. programming, transfer, or use of unobligated the Committee on the Judiciary, and the Perma- This Act may be cited as the ‘‘Treasury and balances shall accompany each request; nent Select Committee on Intelligence of the General Government Appropriations Act, 1998’’. 3. For agencies, departments, or offices re- And the Senate agree to the same. House of Representatives. ceiving appropriations in excess of For consideration of the House bill, and the SEC. 640. No part of any appropriation con- $20,000,000, a reprogramming shall be submit- Senate amendment, and modifications tained in this or any other Act shall be available ted if the amount to be shifted to or from committed to conference: for the payment of the salary of any officer or any object class, budget activity, program JIM KOLBE, employee of the Federal Government, who— line item, or program activity involved is in FRANK R. WOLF, (1) prohibits or prevents, or attempts or excess of $500,000 or 10 percent, whichever is BOB LIVINGSTON, threatens to prohibit or prevent, any other offi- greater, of the object class, budget activity, STENY H. HOYER, cer or employee of the Federal Government from program line item, or program activity; DAVID OBEY, having any direct oral or written communica- 4. For agencies, departments, or offices re- Managers on the Part of the House. tion or contact with any Member, committee, or ceiving appropriations less than $20,000,000, a BEN NIGHTHORSE subcommittee of the Congress in connection with reprogramming shall be submitted if the CAMPBELL, any matter pertaining to the employment of amount to be shifted to or from any object RICHARD SHELBY, such other officer or employee or pertaining to class, budget activity, program line item, or TED STEVENS, the department or agency of such other officer program activity involved is in excess of HERB KOHL, or employee in any way, irrespective of whether $50,000, or 10 percent, whichever is greater, of BARBARA A. MIKULSKI, such communication or contact is at the initia- the object class, budget activity, program ROBERT C. BYRD, tive of such other officer or employee or in re- line item, or program activity; Managers on the Part of the Senate. sponse to the request or inquiry of such Member, 5. For any action where the cumulative ef- As additional conferees solely for consider- committee, or subcommittee; or fect of below threshold reprogramming ac- ation of Titles I through IV of the House (2) removes, suspends from duty without pay, tions, or past reprogramming and/or transfer bill, and Titles I through IV of the Sen- demotes, reduces in rank, seniority, status, pay, actions added to the request, would exceed ate amendment, and modifications com- or performance of efficiency rating, denies pro- the dollar threshold mentioned above, a re- mitted to conference: motion to, relocates, reassigns, transfers, dis- programming shall be submitted; ERNEST ISTOOK, ciplines, or discriminates in regard to any em- 6. For any action which would result in a ANNE M. NORTHUP, ployment right, entitlement, or benefit, or any major change to the program or item which CARRIE P. MEEK, term or condition of employment of, any other is different than that presented to and ap- Managers on the Part of the House. officer or employee of the Federal Government, proved by either of the Committees, or the or attempts or threatens to commit any of the JOINT EXPLANATORY STATEMENT Congress, a reprogramming shall be submit- foregoing actions with respect to such other offi- The managers on the part of the House and ted; cer or employee, by reason of any communica- the Senate at the conference on the disagree- 7. For any action where funds earmarked tion or contact of such other officer or employee ing votes of the two Houses on the amend- by either of the Committees for a specific ac- with any Member, committee, or subcommittee of ment of the Senate to the bill (H.R. 2378), tivity are proposed to be used for a different the Congress as described in paragraph (1). making appropriations for the Treasury De- activity, a reprogramming shall be submit- SEC. 641. Section 5118(d)(2) of title 31, United partment, the United States Postal Service, ted; and, States Code, is amended by striking ‘‘This para- the Executive Office of the President, and 8. For any action where funds earmarked graph shall’’ and all that follows through the certain Independent Agencies, for the fiscal by either of the Committees for a specific ac- end of the paragraph. year ending September 30, 1998, and for other tivity are in excess to meet the project or ac- SEC. 642. (a) This section may be cited as the purposes, submit the following joint state- tivity requirement, and are proposed to be ‘‘Federal Employees’ Retirement System Open ment to the House and the Senate in expla- used for a different activity, a reprogram- Enrollment Act of 1997’’. nation of the effect of the action agreed upon ming shall be submitted. (b) Any individual who, as of January 1, 1998, by the managers and recommended in the ac- Additionally, each request shall include a is employed by the Federal Government, and on companying conference report. declaration that, as of the date of the re- such date is subject to subchapter III of chapter The conference agreement on the Treas- quest, none of the funds included in the re- 83 of title 5, United States Code, may elect to be- ury, Postal Service, and General Govern- quest have been obligated, and none will be come subject to chapter 84 of such title in ac- ment Appropriations Act, 1998, incorporates obligated, until the Committees on Appro- cordance with regulations promulgated under some of the language and allocations set priations have approved the request. subsection (c). forth in House Report 105–240 and Senate Re- TITLE I—DEPARTMENT OF THE (c) The Office of Personnel Management shall port 105–49. The language in these reports TREASURY promulgate regulations to carry out the provi- should be complied with unless specifically DEPARTMENTAL OFFICES sions of this section. Such regulations shall— addressed in the accompanying statement of SALARIES AND EXPENSES (1)(A) subject to subparagraph (B), provide managers. The conferees agree to provide $114,771,000, Senate Amendment: The Senate deleted for an election under subsection (b) to be made instead of $113,410,000 as proposed by the the entire House bill after the enacting not before July 1, 1998, or after December 31, House and $114,794,000 as proposed by the clause and inserted the Senate bill. The con- 1998; and Senate. Within this amount, $477,000 is for ference agreement includes a revised bill. (B) with respect to a Member of Congress, pro- Domestic Finance, $750,000 is for Inter- Throughout the accompanying explanatory vide for— national Affairs, and $500,000 is for contract statement, the managers refer to the Com- (i) an election under subsection (b) to be made awards to the National Law Center for Inter- mittee and the Committees on Appropria- not before July 1, 1998, or after October 31, 1998; American Free Trade for the explicit purpose tion. Unless otherwise noted, in both in- and of supporting Federal government efforts to stances the managers are referring to the (ii) such an election to take effect not before conduct legal research specific to relevant House Subcommittee on Treasury, Postal January 4, 1999; trade issues. The conferees specifically deny Service, and General Government and the (2) provide notice and information to individ- the $1,000,000 request for the Commodity Senate Subcommittee on Treasury and Gen- uals who may make such an election, including Market Fees Study, including the study of eral Government. information on a comparison of benefits an indi- alternative funding sources and structures vidual would receive from coverage under chap- REPROGRAMMING AND TRANSFER OF FUNDS for the Commodity Futures Trading Com- ter 83 or 84 of title 5, United States Code; and GUIDELINES mission. (3) provide for treatment of such an election Due to continuing issues associated with The conferees agree to include language similar to the applicable provisions of title III of agency requests for reprogramming and which sets aside $200,000 for a comprehensive the Federal Employees’ Retirement System Act transfer of funds and use of unobligated bal- study of the effect of gambling on bank- of 1986 (Public Law 99–335; 100 Stat. 599 et seq.). ances, the conferees have agreed to revise re- ruptcies as proposed by the House. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8151

The conferees agree to include language INTERNATIONAL TRADE DATA SYSTEM Canine Explosives Detection which sets a funding ‘‘floor’’ for the Office of The conferees agree to provide $6,100,000 in- Program ...... 3,974,000 Foreign Assets Control as proposed by the stead of $5,700,000 as proposed by the House Subtotal, ATF ...... 19,421,000 Senate, modified to set the floor at $4,500,000. and $5,600,000 as proposed by the Senate. The The conferees agree to include language conferees direct that $500,000 of this amount making technical corrections to language be provided to support the Global TransPark GREAT Program Grants: ...... 10,000,000 which appeared under this heading in the fis- Network Customs Information Project cal year 1997 Emergency Supplemental Ap- (GTPN/CIP). Secret Service: propriations Act as proposed by the Senate. Vehicle replacement ...... 6,700,000 The conferees agree to include language al- OFFICE OF INSPECTOR GENERAL Identity-based fraud ...... 1,460,000 lowing the Under Secretary for Enforcement SALARIES AND EXPENSES Counterfeit investigations ...... 5,000,000 to transfer up to $1,600,000 of available prior Forensic technologies ...... 2,000,000 year balances of the Violent Crime Reduc- The conferees agree to provide $29,719,000 Support for the NCMEC ...... 571,000 tion Trust Fund. as proposed by the Senate instead of UNDER SECRETARY FOR ENFORCEMENT $29,927,000 as proposed by the House. Subtotal, Secret Service ...... 15,731,000 The conferees direct the Department of the The conferees agree to include language Treasury to submit, with its fiscal year 1999 which transfers $26,034 to the Departmental Customs: budget request, detailed budget justification Offices appropriation for the reimbursement High Energy X-Ray Inspection materials for the Office of the Under Sec- of Secret Service agents who were the appar- Systems ...... 15,000,000 retary for Enforcement. ent targets of an investigation. The reim- Redeployment of agents and in- bursements are subject to Section 115 of this OFFICE OF PROFESSIONAL RESPONSIBILITY spectors ...... 4,000,000 Act. Canopy construction (South- SALARIES AND EXPENSES west border) ...... 1,100,000 The conferees agree to provide $1,250,000 as TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION Land Border Automation Ini- proposed by the Senate instead of $1,500,000 tiative ...... 9,500,000 as proposed by the House. The conferees ex- The conferees agree to provide $10,484,000 Operation Hard-Line III ...... 8,413,000 pect that the Department will use approxi- as proposed by the Senate instead of Vehicle replacement ...... 7,400,000 mately $350,000 in reprogramming authority, $6,484,000 as proposed by the House. Laboratory modernization ...... 5,735,000 the anticipated share of the unobligated bal- TREASURY FORFEITURE FUND Vehicle and container inspec- ance of funds at the end of fiscal year 1997, to tion system ...... 5,000,000 augment this appropriation. The conferees The conferees are aware that the ‘‘super Forward-Looking Infrared ...... 4,500,000 include House language requiring the Under surplus’’ for the Treasury Forfeiture Fund in Secretary for Enforcement to undertake a fiscal year 1997 will be significantly larger Subtotal, Customs ...... 60,648,000 comprehensive review of integrity issues and than in recent years and direct that the De- partment provide the Committees the plan other matters related to the potential vul- Financial Crimes Enforcement for its intended use of these resources in a nerability of the U.S. Customs Service. Network ...... 1,000,000 timely fashion. In support of using these re- AUTOMATION ENHANCEMENT Federal Law Enforcement Train- sources to strengthen critical law enforce- The conferees agree to provide $25,889,000, ing Center ...... 1,000,000 ment capabilities, the conferees direct the instead of $25,989,000 as proposed by the Department to use $26,179,000 as follows: House and $29,389,000 as proposed by the Sen- $11,100,000 to the Secret Service for its finan- Office of National Drug Control ate. This includes: $8,789,000 for the Depart- cial fraud operation ($3,000,000), activities re- Policy: mental Office’s modernization plan; $6,100,000 lated to the Federal Law Enforcement Wire- Counterdrug Technology As- for the International Trade Data System; less Users Group (FLEWUG) ($6,100,000), and sessment Center ...... 13,000,000 and $11,000,000 for Customs’ Automated Com- maintenance requirements of the Rowley Model State Drug Law Con- mercial Environment (ACE). Training Center ($2,000,000); $4,000,000 to Cus- ferences ...... 1,200,000 AUTOMATED COMMERCIAL ENVIRONMENT (ACE) toms to fund inspector rotation, if necessary Drug-Free Prison Pilot Project 6,000,000 The conferees have followed closely Cus- and subject to the findings of the review to Subtotal, ONDCP ...... 20,200,000 toms’ efforts to meet the conditions for re- be undertaken by the Office of Professional High Intensity Drug Trafficking lease of the $3,475,000 that was fenced in fis- Responsibility; $8,979,000 to the Bureau of Al- Areas: ...... 3,000,000 cal year 1997 pending completion of a sys- cohol, Tobacco and Firearms for its firearms tems architecture plan. While the conferees trafficking initiative ($6,000,000), increased SECRET SERVICE agree that Customs has markedly improved arson inspectors ($2,729,000), and a guide for For the Secret Service, the conferees pro- its processes for making systems invest- firearms and ammunition identification vide $15,731,000 instead of $16,837,000 as pro- ments, including the definition of require- ($250,000); and $2,100,000 for the Financial posed by the House and $21,178,000 as pro- ments, the plan is still under review at this Crimes Enforcement Network for inter- posed by the Senate. The conferees provide time. national money laundering programs $15,664,000 for White House Security through In addition, the conferees were dismayed ($2,000,000), and to assist with travel and per the Secret Service’s Salaries and Expenses with the recent decision made by Customs to diem costs of the National Conference of appropriation and $3,000,000 for Financial In- continue to fund ACE projects out of the Sal- Commissioners of Uniform State Laws in stitution Fraud Investigations through the aries and Expenses appropriation when it be- connection with the drafting of a model law Treasury Forfeiture Fund. came clear that the fenced funding would not envisioned by section 407 of the Money Laun- NATIONAL CENTER FOR MISSING AND become available by mid-year. Although the dering Suppression Act of 1994 ($100,000). EXPLOITED CHILDREN funding level itself was below the dollar threshold for a formal reprogramming re- EXPLOSIVES INSPECTORS CHILD EXPLOITATION UNIT quest, the conferees believe that the re- The conferees are strongly supportive of In fiscal year 1997, the Committees pro- allocation was not in accordance with Con- ATF efforts to fully inspect explosives facili- vided start up costs for the operation of the gressional intent. In the future, the con- ties but find the justification for enhanced Exploited Child Unit at the National Center ferees direct that funding for ACE be pro- annual inspections of all facilities nation- for Missing and Exploited Children as well as vided exclusively from resources appro- wide inadequate. The conferees provide sufficient funds for the operation of this unit priated in this account, absent prior con- $2,729,000 for this effort in fiscal year 1998, through fiscal year 1999. The Committees sultation with the Committees on Appropria- half of the funding requested. have had the opportunity to review the work tions. of this Unit and are pleased with the The conferees strongly support moderniza- VIOLENT CRIME REDUCTION PROGRAMS progress being made in the integration of in- tion and automation of Customs business The conferees agree to provide $131,000,000, vestigations of exploited children with inves- functions, and encourage the bureau to con- instead of $97,000,000 proposed by the House tigations being conducted through the Na- tinue apace in its planning efforts; however, and $130,955,000 proposed by the Senate. This tional Center for Missing and Exploited Chil- they remain equally convinced that automa- amount is to be used as follows: dren in recovering missing children. The tion and information technology invest- Bureau of Alcohol, Tobacco and conferees wish to express continued support ments must follow the prudent investment Firearms: for the work of this Center as well as the co- planning processes just now being imple- GREAT administration/train- operation being provided by the Secret Serv- mented. The conferees agree to provide ing ...... $ 3,000,000 ice through the use of forensic technologies. $11,000,000 in fiscal year 1998, but only after The conferees provided an additional $571,000 CEASEFIRE/IBIS Program ...... 5,200,000 the Commissioner submits, and the Commit- for the operation of the Exploited Child Unit tees on Appropriations approve, a systems Vehicle replacement ...... 4,500,000 of the National Center for Missing and Ex- architecture plan and a milestone schedule Arson/Explosives Information ploited Children and encourages the Center for the development and implementation of Collection ...... 1,608,000 to provide the Committees with periodic sta- all projects included in that plan. Landmobile Radio Systems ...... 1,139,000 tus reports of its investigative efforts. H8152 CONGRESSIONAL RECORD — HOUSE September 29, 1997

COUNTERDRUG TECHNOLOGY TRANSFER PILOT and telecommunications; $754,000 for labora- the conferees encourage the Customs Service PROGRAM tory and investigative supplies; $3,615,000 for to provide customs service at Opa-locka air- The conferees provide $13,000,000 to the computer modernization; $1,250,000 for the port from 9 a.m. to 10 p.m. daily. Counterdrug Technology Assessment Center Youth Crime Gun Interdiction Initiative; TEXTILES and $6,333,000 for Permanent Change of Sta- (CTAC) of the Office of National Drug Con- The Customs Service shall report to the tion moves and Within-Grade-Increases. trol Policy (ONDCP) to establish a program Appropriations Committee no later than The conference agreement does not include for transferring technology directly to State March 1, 1998 on what actions it is taking to a provision to require the ATF to seek prior and local law enforcement agencies. Since enforce prohibitions of illegal trans- approval from the House Committee on Gov- its inception, CTAC has worked with many shipments of fraudulently labeled textiles ernment Reform and Oversight and the Sen- law enforcement agencies and prosecutors to and apparels within the U.S. textile quota ate Committee on Governmental Affairs for find technological solutions to critical law system. The Service will also provide the separation incentive plans authorized by enforcement problems, and many valuable Committee with an assessment of the sever- Public Law 104–208. However, the conferees applications have been developed. The con- ity of the transshipment problem and its im- would like to remind all agencies that they ferees direct that this new funding be used to pact on U.S. textile and apparel manufactur- are required to submit to the House and Sen- initiate a pilot program to transfer these ers. technologies directly to State and local law ate, prior to implementation, their strategic SOFTWOOD LUMBER AGREEMENT enforcement agencies who may otherwise be plans outlining the intended use of such in- unable to profit from the developments due centive payments and a proposed organiza- One of the U.S. Customs Service’s most im- to limited budgets or a lack of technological tion chart for the agency once the incentive portant tasks is fully and effectively enforc- expertise. The conferees direct CTAC to ini- payments have been completed. ing U.S. trade agreements. With this in tiate this program under the direction of the The conferees recommend that the Bureau mind, the conferees have provided an addi- Chief Scientist, ONDCP, with the advice of of Alcohol, Tobacco and Firearms work with tional $2,000,000 to the U.S. Customs Service experts from State and local law enforce- the federally licensed firearms dealers to to supply additional resources for monitor- ment, and in cooperation with High Inten- make recommendations for the improvement ing and enforcing the United States/Canada sity Drug Trafficking Area (HIDTA) proof the dealers’ existing security measures. Softwood Lumber Agreement—our largest grams to identify the technologies to be UNITED STATES CUSTOMS SERVICE bilateral sectoral agreement. The Lumber Agreement, established in April 1996, ad- transferred and locations to be served. The SALARIES AND EXPENSES conferees expect that priority will be given dresses the problem of subsidized Canadian The conferees agree to provide to identifying candidates for transfer in the lumber imports which have caused enormous $1,522,165,000, instead of $1,526,078,000 pro- currently designated HIDTAs, and expect injury to U.S. lumber producers. This addi- posed by the House and $1,551,028,000 as pro- that CTAC and HIDTA will also weigh the tional funding will provide Customs ade- posed by the Senate. This includes funding of ability and willingness of potential recipi- quate resources to reconcile U.S. import $5,000,000 for Customshouse renovation; ents to share in the costs of new technology, data with Canadian export data on ship- $1,250,000 for one-time funding of the Global either through in-kind or direct contribu- ments under the Agreement. The resources Trade and Research Program at the Montana tions. The conferees also direct the Chief should ensure that Customs conducts the World Trade Center; and $300,000 to staff a Scientist to submit a report to the Commit- Northern border inspections and analyzes dedicated commuter lane in El Paso, Texas. tees on Appropriations evaluating the per- the trade statistics necessary to ensure full The conference agreement provides language formance of the program not later than 18 and effective enforcement of the Lumber permitting up to $5,000,000 to be used for spe- months from the date of the first transfer, as Agreement. cial operations. The conference agreement well as a strategic plan for countrywide de- In that regard, the conferees expect that also provides that the overtime pay cap for ployment of technology. Additionally, the the U.S. Customs Service will cease enforce- Customs inspectors will be raised to $30,000. Chief Scientist is directed to consult with ment of any interpretative ruling that would the Committees on Appropriations prior to LEASE AND PURCHASE OF CUSTOMS SERVICE have the effect of undermining enforcement the obligation of these funds to ensure that VEHICLES of the Lumber Agreement, including any rul- the money appropriated is going toward pro- The conference agreement provides author- ing that would have the effect of classifying viding State and local law enforcement agen- ity to the U.S. Customs Service to purchase lumber that would otherwise be classified cies access to counterdrug technology and and lease vehicles for police-type use. The under the heading of 4407 of the Harmonized not unreasonable administrative or other- conferees would like to remind Customs to Tariff Schedule in a different classification wise unintended purposes. conduct a cost-benefit analysis of the avail- because it has been drilled or otherwise sub- able acquisition methods, as required by ject to minor processing, until Congress can FEDERAL LAW ENFORCEMENT TRAINING address this issue. CENTER OMB Circular A–109, when they are acquiring vehicles. Based on the results of this analy- OPERATIONS, MAINTENANCE AND PROCUREMENT, FOREIGN LAW ENFORCEMENT TRAINING sis, Customs should proceed with leasing ve- AIR AND MARINE INTERDICTION PROGRAMS The conferees have modified the Federal hicles, for police-type modification, only The conferees agree to provide $92,758,000 Law Enforcement Training Center (FLETC) when it is determined that this acquisition as proposed by the Senate, instead of language to allow the Secretary of the method provides the Federal government $97,258,000 as proposed by the House. The con- Treasury to waive the reimbursement re- long term savings. ferees agree to fund Forward-Looking Infra- quirement for training of foreign law en- CUSTOMS CLEARANCE red systems through the Violent Crime Re- forcement officials for those training activi- duction Trust Fund. ties which take place in foreign countries The conferees are concerned about possible under the provisions of section 801 of the disparities in customs clearance, time in CUSTOMS SERVICES AT SMALL AIRPORTS Antiterrorism and Effective Death Penalty transit, duties, and processing paperwork The conferees agree to make permanent Act of 1996. However, the conferees expect burdens attributable to shipment of goods. the provision that Customs services at small the Secretary to ensure that utilization of In its role of facilitating the movement of airports may be derived from fees collected. such authority will not result in a diminu- merchandise, cargo, and mail, the Customs BUREAU OF THE PUBLIC DEBT Service is directed by the conferees to exam- tion of the funds and personnel available for ADMINISTERING THE PUBLIC DEBT training of domestic law enforcement per- ine whether disparities exist in services used The conferees agree to provide $169,426,000, sonnel. by small and large businesses and individuals with regard to customs clearance, time in the amount proposed by both the House and FEDERAL LAW ENFORCEMENT TRAINING CENTER transit, duties, and processing paperwork the Senate. The conferees agree to include ACQUISITION, CONSTRUCTION, IMPROVEMENTS, burdens. The Customs Service is directed to language providing $2,500 for official recep- AND RELATED EXPENSES report back to the Committees on Appropria- tion and representation expenses as proposed The conferees agree to provide $32,548,000 tions by February 2, 1998. Further, the con- by the Senate. as proposed by the House instead of ferees are aware of the examination of the INTERNAL REVENUE SERVICE $13,930,000 as proposed by the Senate. General Accounting Office on this issue, and PROCESSING, ASSISTANCE, AND MANAGEMENT request that the Customs Service cooperate FINANCIAL MANAGEMENT SERVICE The conferees agree to provide fully with this investigation. SALARIES AND EXPENSES $2,925,874,000, instead of $2,915,100,000 as pro- OPA-LOCKA AIRPORT The conferees agree to provide $202,490,000 posed by the House and $2,943,174,000 as pro- as proposed by the Senate instead of The conferees are aware that Opa-locka posed by the Senate. $199,675,000 as proposed by the House. Airport in Dade County, Florida now has The $17,300,000 reduction from the amount customs service from 9 a.m. to 5 p.m. These proposed by the Senate is from the amount BUREAU OF ALCOHOL, TOBACCO AND FIREARMS limited hours require general aviation air- requested for Earned Income Tax Credit SALARIES AND EXPENSES craft arriving from Latin America and the (EITC) enforcement. The conferees have The conferees agree to provide $478,934,000, Caribbean after 5 p.m. to land at Miami agreed to provide a total of $138,000,000 for instead of $478,649,000 proposed by the House International Airport (MIA). This diversion EITC enforcement in a separate appropria- and $473,490,000 proposed by the Senate. This further congests MIA, which is already the tion account and therefore the $17,300,000 is amount includes $4,961,000 for technology nation’s busiest cargo airport. Accordingly, no longer required under this appropriation. September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8153

BROOKHAVEN SERVICE CENTER ferees recognize that the IRS is in the proc- ance initiative which was established by sec- The conferees are concerned that the IRS ess of developing a contract with private section 5702 of the Balanced Budget Act of 1997 appears to be unwilling to come to a resolu- tor companies which provide electronic fil- (Public Law 105–33). This is $30,895,000 more tion on its proposed renovation plans for the ing services which may offer non-payment than the $107,105,000 requested by the Presi- IRS Center in Brookhaven, New York. Due incentives to increase electronic filing. The dent in a September 17, 1997 budget amend- to this recalcitrant attitude on the part of inclusion of this provision should not be con- ment. IRS, the renovation project is at least three strued as an effort to hinder or alter the IRS The conferees direct that IRS use these years behind schedule. effort. The conferees simply want to ensure funds only for the EITC compliance initia- Despite past assurances from both the IRS that the IRS will carry through on its long- tive. Furthermore, the IRS should establish and the General Services Administration delayed plan to increase electronically-filed a method to track the expenditure of funds (GSA) that this renovation project would returns. The plan should include the most and measure the impact on compliance. The move forward expeditiously, this has not appropriate mix of incentives, which may or IRS shall submit quarterly reports to the happened. The conferees direct the IRS to may not include monetary offers, as deter- Committees on Appropriations which iden- submit a report by January 15, 1998, to the mined by the Commissioner. tify the expenditures and the change in the Appropriations Committees that details its TAX LAW ENFORCEMENT rates of compliance. planned construction schedule to renovate The conferees agree to provide INFORMATION SYSTEMS the IRS Center in Brookhaven. $3,142,822,000, instead of $3,108,300,000 as pro- The conferees agree to provide FIELD OFFICE REORGANIZATION posed by the House and $3,153,722,000 as pro- $1,272,487,000, as proposed by the Senate, in- The Treasury, Postal Service and General posed by the Senate. stead of $1,292,500,000 as proposed by the Government Appropriations Act, 1997, (P.L. The $10,900,000 reduction from the amount House. 104–208) included a provision (Section 105) proposed by the Senate is from the amount Within this amount, the conferees agree to which required the IRS to provide a report to requested for Earned Income Tax Credit provide funds as follows: the Committees on Appropriations on the (EITC) enforcement. The conferees have Operational Systems ...... $936,614,000 impact of the planned field reorganization agreed to provide a total of $138,000,000 for Century Date Change ...... 289,700,000 before it could implement the reorganiza- EITC enforcement in a separate appropria- Quality Assurance ...... 7,112,000 tion. The Committees found the report lack- tion account and therefore the $10,900,000 is Modernization Manage- ing, particularly with regard to the cost/ben- no longer required under this appropriation. ment ...... 8,227,000 efit analysis of how adequate taxpayer serv- RESCISSION OF FUNDS Modernization Support ...... 23,834,000 ice will be provided in the future. The con- The conferees agree to rescind $32,000,000 in Retraining/Relocation of ferees, therefore, direct the IRS to continue previously appropriated funds as proposed by employees ...... 7,000,000 to delay its planned field reduction-in-force the Senate instead of a rescission of until it submits another report to the Com- $14,500,000 in previously appropriated funds Total ...... 1,272,487,000 mittees on Appropriations, no earlier than as proposed by the House. Through the re-application of 1997 and 1996 January 30, 1998, with a detailed plan on how INTERNAL AUDIT REPORTS funds, an additional $87,000,000 is made avail- the IRS will ensure adequate taxpayer serv- The conferees request that the Internal able for Century Date Change requirements ice in the future. In addition, based on con- Revenue Service forward to the Committees as discussed below. cerns expressed by Members of Congress, the on Appropriations copies of internal audit The conferees note that the amount pro- conferees direct the IRS to include in the re- reports. vided for Operational Systems is the amount port a detailed analysis of the impact of the requested in the fiscal year 1998 budget re- field reorganization on the adequacy of tax- TIP REPORTING ALTERNATIVE COMMITMENT quest. Should the IRS require the expendi- payer services in rural areas of the country. PROGRAM ture of funds in a manner different from that PRIVACY ISSUES The conferees agree with the House posi- listed above, a reprogramming action is re- tion that the IRS should work with tax- The conferees have not included a provi- quired. payers to ensure compliance with the Tip sion as proposed by the House which would CENTURY DATE CHANGE REQUIREMENTS Reporting Alternative Commitment Agree- have prohibited the IRS from including So- ment (TRAC). In too many instances, res- The conferees agree to provide a total of cial Security numbers on mailing labels or taurant owners perceive that the IRS may be $376,700,000 for Century Date Change require- other visible mailings because of the concern overzealous in their pursuit of voluntary ments. The conferees understand that, as of over the cost which the IRS would incur to agreement with TRAC by intimating that September 12, 1997, this is the amount re- implement this provision. However, the con- the business will be audited if there is no quested for this program. Of this amount, ferees remain concerned that including So- agreement. The conferees agree that IRS $289,700,000 is provided as an appropriation in cial Security numbers on mailing labels or should ensure compliance with tip reporting the Information Systems account. The con- other visible mailings violates certain tax- by stressing its customer service role while ferees also direct that $77,000,000 be repro- payer privacy protections. The IRS should working with restaurant owners. grammed from fiscal year 1997 funds avail- report to the Committees on Appropriations able from the Tax Systems Modernization REGULATIONS REGARDING CONDUCT OF NON- on how it plans to protect taxpayer privacy (TSM) development and deployment program PROFIT VENTURES in its mailings. and $10,000,000 shall be reprogrammed from ELECTRONIC FILING INITIATIVE The report which accompanied the Treas- the 1996 TSM program. The conferees direct ury, Postal Service and General Government The conferees have included a provision as the IRS to expeditiously submit the nec- Appropriations, 1997 (P.L. 104–208), incor- recommended by the House, with modifica- essary reprogramming actions to the Com- porated by reference language contained in tions, which establishes an Electronic Filing mittees on Appropriations. the Senate’s report 104–330 concerning tax- Initiative. To the extent that the Century Date The provision directs that this initiative exempt organizations and the tour industry. Change requirements exceed the amount pro- be established as a pilot project in fiscal This is a continuing issue in fiscal year 1998 vided, the Committees on Appropriations year 1998. The initiative directs the IRS to because of increased growth in the number of would be willing to consider a reprogram- pay up to $3.00 for each return filed elec- tax exempt organizations that choose to en- ming request which would increase the tronically when the Commissioner of the IRS gage in commercial activities. The ambigu- amount available for the Century Date has determined that it is in the best interest ities in the definition of what is and is not Change program. of the government to make such a payment. taxable, contribute to the ongoing con- The Committees on Appropriations were The conferees stress the ‘‘up to’’ $3.00 sets troversy. provided with an abundance of conflicting The 1997 report directed the Internal Reve- the cap on the payment, but does not set a data from the IRS concerning what con- nue Service to review this situation and take floor on the payment. The amount of the stitutes projects and activities required for steps, if necessary, to develop regulations payment would be at the discretion of the addressing the Year 2000 systems changes. clarifying the ‘‘substantially related’’ test as Commissioner. The conferees are concerned that the Cen- it applies to tax exempt travel and tour ac- Additionally, it is not the intent of the tury Date Change requirements are not yet tivities. The IRS has not yet developed regu- conferees that the IRS should pay for elec- finalized and projects and activities consid- lations to clarify this issue. The conferees tronically-filed tax returns which it would ered as part of the program may frequently believe that this issue must be resolved soon otherwise have received without making any change. Additionally, the conferees are con- and directs the IRS to work with the appro- payment. Therefore, the IRS shall only pay cerned that the IRS has no overall inte- priate Congressional committees to develop for the volume of electronically-filed tax re- grated plan for the assessment of the prob- the necessary regulations before April 15, turns that are in excess of the number which lem, applying solutions to the problem, and 1998. were received in 1996. then adequately testing the solutions before The conferees agree that only if the Com- EARNED INCOME TAX CREDIT COMPLIANCE deployment of the applications to field oper- missioner determines that it is in the best INITIATIVE ations. interest of the government, shall any pay- The conferees agree to provide $138,000,000 Therefore, the conferees direct the IRS to ment be made for the increased volume of in a new appropriation account for the develop a Century Date Change strategy electronically-filed tax returns. The con- Earned Income Tax Credit (EITC) compli- which adequately addresses infrastructure, H8154 CONGRESSIONAL RECORD — HOUSE September 29, 1997 assessment (inventory/analysis), application vious IS appropriations, for awarding or oth- remain unfilled and $3,863,000 for additional renovation (upgrade deployment), and vali- erwise initiating the Prime contract through technical and clerical positions within the dation requirements. The conferees direct which systems related to modernization White House. The conferees fully support all the IRS to provide quarterly reports track- would be acquired. The conferees have also ongoing and planned White House Security ing its progress in meeting this strategy. agreed to prohibit the obligation of funds enhancements and note that, since the com- The report should include expenditure of from the Technology Investments account pletion of the ‘‘White House Security Re- funds, application of FTEs, and an estimate until September 1, 1998, and until certain view’’, a total of $51,406,000 of the total an- in percentage terms, stating how much has conditions are met. The conferees remind the ticipated requirement of approximately been accomplished and how much remains to IRS that the obligation of these funds is pro- $62,000,000 has been funded. The conferees are be completed in accordance with the strat- hibited until the IRS is in compliance with committed to fully funding the recommenda- egy. all the requirements of the legislation. tions of the ‘‘White House Security Review’’ Of the $376,700,000 provided for Century The General Accounting Office (GAO) has and anticipate that full funding will be pro- Date Change, $170,000,000 is available as fol- reviewed the Modernization Blueprint and vided in fiscal year 1999. lows: has informed the Committees on Appropria- ACQUISITION, CONSTRUCTION, IMPROVEMENT, tions that IRS has made a good start in de- Conversion & Testing ...... $79,000,000 AND RELATED EXPENSES veloping its Modernization Blueprint, but Telecommunications ...... 23,000,000 The conferees agree to provide $8,799,000 in- ADP Equipment ...... 13,000,000 must complete and implement this Blueprint stead of $5,775,000 as proposed by the House Operating systems soft- before building or acquiring new systems. and $9,176,000 as proposed by the Senate. This ware ...... 17,000,000 The conferees agree with the GAO in this re- includes $7,176,000 for activities related to Project Office/Program gard. The Committees on Appropriations are the new Headquarters as well as $1,623,000 for Management ...... 9,000,000 very pleased that IRS has made significant fixed site security requirements previously Certification ...... 7,000,000 progress in putting together a workable funded through Salaries and Expenses. The Contingency ...... 42,000,000 modernization program. However, many de- conferees provide $2,000,000 for maintenance Offset within IRS budget ... ¥20,000,000 tails of the Blueprint need to be completed related activities of the Rowley Training before the IRS commits to acquire new sys- Center through the Treasury Forfeiture Total ...... 170,000,000 tems. Funds provided for Modernization Sup- Fund. port should be used to continue efforts to The conferees direct that the IRS provide complete the necessary details. GENERAL PROVISIONS—DEPARTMENT OF THE the Committees on Appropriations notifica- The conferees direct the IRS to submit a TREASURY tion prior to the expenditure of any funds status report, no later than April 30, 1998, Section 110–114. The conferees agree to in- identified above as a ‘‘Contingency.’’ The no- which addresses ongoing efforts to imple- clude these provisions which were proposed tification shall include a justification of the ment the May 15, 1997 Modernization Blue- by both the House and Senate with minor expenditure and a certification that the ex- print. The report should, at a minimum, pro- technical corrections. penditure is in compliance with the IRS vide (1) detailed descriptions of how the IRS The conferees have not included a provi- strategy for Century Date Change. has implemented the processes and proce- sion related to the currency paper contract, DATA CENTER CONSOLIDATION dures for investment review and systems life as proposed by the House. The conferees agree to provide a total of cycle and (2) the status of efforts on the de- Section 115. The conferees agree to include $164,700,000 for the consolidation of IRS’ data velopment of business cases and require- a provision as proposed by both the House centers. Of this amount, $157,700,000 is for ments. and Senate which authorizes the reimbursement of Secret Service personnel under cer- costs associated with the acquisition and in- ADMINISTRATIVE PROVISIONS tain conditions. However, the conferees stallation of equipment and software and INTERNAL REVENUE SERVICE $7,000,000 is for costs associated with any pos- agree to the total amount of $26,034, as pro- Section 101–105. The conferees agree to in- sible retraining or relocation of employees posed by the House. clude these provisions which were proposed affected by the consolidation. To the extent Section 116. The conferees agree to include by both the House and the Senate. that IRS does not require all of the $7,000,000 a provision as proposed by both the House Section 106. The conferees agree to include designated for retraining and relocation of and Senate which prospectively adjusts the a provision as proposed by the Senate which employees, it may submit a reprogramming compensation of the Secretary of the Treas- directs that funds shall be available for im- request to add these funds to the $157,000,000 ury, beginning with the subsequent Sec- proved facilities and increased manpower to provided for acquisition and installation of retary. provide sufficient and effective 1-800 tele- equipment and software necessary for Data Section 117. The conferees agree to include phone assistance. Center Consolidation. a provision as proposed by the House which Section 107. The conferees agree to include limits the amount of time the Department GOVERNMENT PROGRAM MANAGEMENT OFFICE a provision as proposed by the Senate which may have to respond to requests for informa- (GPMO) directs that no field reorganization shall be tion. The conferees stress that the problems The conferees agree to provide $8,227,000 for undertaken at Aberdeen, South Dakota, alleviated by this provision are problems Modernization Management. The conferees until certain conditions are met. which were experienced by the House Appro- direct that, within these funds, the GPMO be Section 108. The conferees agree to include priations Committee, not the Senate Appro- staffed at no more than 75 full-time equiva- a modified provision proposed by the Senate, priations Committee. lents. The GPMO’s responsibilities are to ad- which directs that no field reorganization of Section 118–119. The conferees agree to in- minister and manage the modernization pro- the Criminal Investigation Division will re- clude these provisions which were proposed gram. The conferees expect that, in fiscal sult in a reduction, as compared to the 1996 by both the House and Senate with minor year 1998, the modernization program will levels, of criminal investigators in Wiscon- technical corrections. focus on completing necessary details of the sin. The provision has been modified to in- Section 120. The conferees agree to include modernization blueprint, not the acquisition clude the South Dakota Criminal Investiga- a provision, with modifications, as proposed of new systems. The GPMO should monitor tion Division. by the House which directs the IRS to initi- this process to ensure that the development UNITED STATES SECRET SERVICE ate an electronic filing pilot project. The of these details reflect the requirements of SALARIES AND EXPENSES provision has been modified to expand the the IRS. group of participants and provide more dis- The conferees agree to provide $564,348,000 cretion to the IRS Commissioner. This provi- REPORTING REQUIREMENTS instead of $555,736,000 as proposed by the sion is addressed more fully in the IRS sec- The conferees agree with the quarterly re- House and $570,809,000 as proposed by the tion of this Statement. porting requirements contained in the House Senate. The conferees provide $20,936,000 for Section 121. The conferees agree to include report (Report 105-240). However, the con- additional White House Security require- a provision, with modifications, as proposed ferees agree that the quarterly reports ments, instead of $4,000,000 as proposed by by the House which addresses compensation should be submitted no later than 30 days the House and $6,568,000 as proposed by the rates of police officers at the BEP and U.S. after the close of each quarter, rather than Senate; this includes $15,664,000 for White Mint. The modifications agreed to by the 15 days, as recommended by the House. House Security previously funded through conferees clarify that setting the rates of the Violent Crime Reduction Trust Fund. INFORMATION TECHNOLOGY INVESTMENTS pay shall be at the sole discretion of the Sec- The conferees include $6,100,000 for the Fed- The conferees agree to provide $325,000,000 retary of the Treasury or his designee. as proposed by the Senate instead of eral Law Enforcement Wireless Users Group Section 122. The conferees agree to include $326,000,000 as proposed by the House. The in the Treasury Forfeiture Fund. a provision, with modifications, as proposed conferees further agree that the funds are WHITE HOUSE SECURITY REQUIREMENTS by the House which adjusts the transfer of provided for modernization as described in The conferees have provided a total of funds from the Treasury Forfeiture Fund to the Modernization Blueprint which was sub- $20,936,000 for various White House Security the Special Forfeiture Fund, and provides mitted to Congress on May 15, 1997. requirements in fiscal year 1998. This is that unobligated balances of the Super Sur- The conferees have agreed to prohibit the $7,864,000 below the amount requested by the plus may be carried forward into the next obligation of funds from the Information Administration and reflects a reduction of fiscal year. The modifications agreed to by Systems (IS) appropriation, as well as pre- $4,001,000 associated with 277 positions that the conferees provide that $38,500,000 of the September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8155

Super Surplus would not be available for ob- EXECUTIVE RESIDENCE AT THE WHITE HOUSE DCIA, agencies are required to transfer to ligation until fiscal year 1999. REIMBURSABLE EXPENSES Treasury for collection, debts that are insuf- ficiently serviced and 180 days delinquent, Section 123. The conferees agree to include The conferees establish a separate account unless prescribed actions by a particular a provision as proposed by the Senate which for the Reimbursable Expenses of the Execu- agency have commenced. waives certain requirements of the U.S. Cus- tive Residence, as proposed by the House. toms Service. Enactment of this legislation is intended OFFICE OF POLICY DEVELOPMENT Section 124. The conferees agree to include to streamline and enhance the capabilities of a provision as proposed by the Senate which SALARIES AND EXPENSES the Federal government in collection of out- prohibits funds for the Inspector General of The conferees eliminate all restrictions on standing debts. The conferees are concerned the Treasury Department to contract for ad- the use of funds for computer modernization that agencies have not taken the appropriate visory and assistance services. within the Office of Policy Development as steps required by law and are failing to pro- proposed by the Senate. vide Treasury with the information within TITLE II—POSTAL SERVICE the time frame outlined in the statute. OFFICE OF ADMINISTRATION PAYMENT TO THE POSTAL SERVICE FUND FOR The conferees, therefore, direct the Direc- NONFUNDED LIABILITIES CAPITAL INVESTMENT PLAN tor of OMB to ensure that agencies are com- The conferees provide no appropriation for The conferees have recently received infor- plying with the law and providing informa- Nonfunded Liabilities instead of $34,850,000 as mation from the Office of Administration tion to Treasury as required. proposed by both the House and Senate. The (OA) regarding the Executive Office of the UNIQUE IDENTIFICATION NUMBER Balanced Budget Act of 1997, P.L. 105–33, con- President’s (EOP) five-year automation plan. The Director of the Office of Management tains a provision repealing the authorization Based on this information, and as requested and Budget shall prepare and submit to the for payments to the Postal Service as reim- by the Administration, the conferees have Committees on Appropriations and to the bursement for costs associated with former agreed to eliminate all restrictions on the Government Reform and Oversight Commit- Post Office Department employees under the use of funds for information technology tee of the House and the Committee on Gov- Employees’ Compensation Fund. As a result, within the Executive Office of the President. ernmental Affairs of the Senate, by not later no funding has been provided for Payment to The conferees understand that the OA has than March 15, 1998, a report on the costs, the Postal Service Fund for Nonfunded Li- established a formal Information Technology benefits and logistics of implementing a pro- abilities. Management Team (ITMT) as of September posal to require that each organization that 25, 1997. The conferees further understand receives a grant from the Federal govern- NON-POSTAL COMMERCIAL ACTIVITIES that the ITMT will be responsible for assessment should be issued a unique identifica- The conferees have recently been made ing, approving, modifying and implementing tion number. aware of concerns within the small business a systems architecture plan for EOP infor- OFFICE OF NATIONAL DRUG CONTROL POLICY community relating to certain ‘‘non-postal’’ mation technology modernization. The con- SALARIES AND EXPENSES commercial activities. The non-postal com- ferees direct the OA to submit the architec- mercial activities recently initiated by the tural plan, as approved by the ITMT, to the The conferees agree to provide Postal Service include the sale of T-shirts, Committees on Appropriations as expedi- $35,016,000 instead of $43,516,000 as pro- neckties, greeting cards, stationary, and tiously as possible. As part of the fiscal year posed by the House and $36,016,000 as other gift items. 1999 budget submission, the OA should in- proposed by the Senate. Of this The conferees continue to have an interest clude a milestone schedule for the develop- amount, the conferees have included in non-postal commercial activities and ment and implementation of all projects in- $16,000,000 for the basic program of the therefore direct the Postal Service to report, cluded in the systems architecture plan and Counterdrug Technology Assessment as part of its fiscal year 1999 budget submis- an estimate of the funds and projects re- Center, and $1,000,000 for policy re- sion, on the non-postal activities offered by quired to support the fiscal year 1999 capital the Postal Service including a description of investments associated with that plan. search and evaluation. The conference agreement separately each service, the potential benefits to postal OFFICE OF MANAGEMENT AND BUDGET customers, an assessment of how these non- funds $13,000,000 for a new technology SALARIES AND EXPENSES postal services contribute to providing uni- transfer program by the Counterdrug form postal services at uniform rates, an es- The conferees agree to provide $57,440,000 Technology Assessment Center, as well timate of net revenue generated, and, if ap- for the Office of Management and Budget as $1,200,000 for model state drug law plicable, an assessment of the potential im- (OMB) instead of $57,240,000 as proposed by the House and the Senate. conferences, through the Violent Crime pact of non-postal operations on the small Reduction Trust Fund. business community. CONGRESSIONAL REVIEW ACT FEDERAL DRUG CONTROL PROGRAMS The conferees also note that the House The conferees are aware of concerns that HIGH INTENSITY DRUG TRAFFICKING AREAS Government Reform and Oversight Commit- the Office of Information and Regulatory Af- PROGRAM tee is considering postal reform legislation fairs (OIRA) may not be implementing and and among the issues which it may consider coordinating certain provisions of the Con- The conferees agree to provide $159,007,000 is the issue of competition by the Postal gressional Review Act (CRA) as efficiently instead of $146,207,000 as proposed by the Service in these areas. The requested report and effectively as possible. The conferees House and $140,207,000 as proposed by the should be made available to that Committee urge the Director of OMB to ensure the max- Senate. This amount would fully fund the for consideration during action in this area imum coordination and implementation of Administration’s request. The conferees pro- as part of its postal reform legislation or as the CRA through the OIRA. vide $10,000,000 for the creation of three new separate legislation. HIDTAs: $6,000,000 for Kentucky, West Vir- AGRICULTURAL MARKETING ORDERS ginia, and Tennessee; $1,000,000 for central GLOBAL PACKAGE LINK As proposed by the House, the conferees Florida; and $3,000,000 for Milwaukee, Wis- The conferees include no provisions related have included a provision prohibiting the use consin, should the Director of the ONDCP de- to Global Package Link as proposed by the of funds for reviewing agricultural market- termine the location meets the designated House in House Report 105–240. ing orders. The conferees agree that this pro- criteria. In addition, funding is included for vision shall not negate the study of the TITLE III—EXECUTIVE OFFICE OF THE methamphetamine programs, including Northeast Interstate Dairy Compact as re- PRESIDENT AND FUNDS APPRO- $1,500,000 to the Rocky Mountain HIDTA and quired by Section 732 of the conference re- PRIATED TO THE PRESIDENT $7,300,000 to build upon national meth- port accompanying H.R. 2160. The conferees amphetamine reduction programs funded in WHITE HOUSE OFFICE also agree that OMB shall not conduct any fiscal year 1997 through the Special Forfeit- WHITE HOUSE COMMUNICATIONS AGENCY study or review that hinders the Department ure Fund. Finally, the conferees agree to of Agriculture from implementing the con- The conferees direct the White House Of- provide an additional $3,000,000 for the Rocky solidations and reforms of federal milk mar- fice to establish a system for tracking and Mountain HIDTA through the Violent Crime keting orders as requited by the provisions verifying all reimbursements made to the Reduction Trust Fund. The conferees encour- of Section 143 of the Federal Agricultural White House Communications Agency age the Director of the ONDCP to consider Improvement and Reform Act of 1996 (7 (WHCA) and to report to the Committees on providing assistance under this program to U.S.C., et seq). Appropriations on this system no later than the Suffolk County, New York, Police De- November 1, 1997. In addition, the conferees DEBT COLLECTION ACTIVITIES partment’s Computer Crime Analysis Unit. direct the White House Office, as part of its The Debt Collection Improvement Act SPECIAL FORFEITURE FUND annual budget submission, to provide a de- (DCIA) of 1996 (31 U.S.C. 3716, 31 U.S.C. 3720A, The conferees agree to provide $211,000,000 tailed accounting of reimbursements made 26 U.S.C. 602, and 5 U.S.C. 5514) requires agen- instead of $205,000,000 as proposed by the to WHCA in the current fiscal year and an cies to refer delinquent debt to the Depart- House and $145,300,000 as proposed by the estimate of reimbursements for the upcom- ment of the Treasury so that Treasury can Senate. This includes $195,000,000 to support ing year. This submission should include a offset delinquent debt owed the respective a national media campaign, $10,000,000 to description of the types of services reim- agency against payments made by Treasury support matching grants to drug-free com- bursed. disbursement officials. Pursuant to the munities as authorized in the Drug-Free H8156 CONGRESSIONAL RECORD — HOUSE September 29, 1997

Communities Act of 1997, and $6,000,000 to the General Accounting Office (GAO). GAO is FEDERAL OFFICE BUILDING IN COLORADO continue the program funded in fiscal year directed to use these funds to enter into a SPRINGS 1997 to reduce drug use in the criminal jus- contract with an independent entity for the The Federal building located at 1520 Wil- tice system. purpose of conducting a technological and lamette Avenue in Colorado Springs, Colo- YOUTH MEDIA CAMPAIGN performance audit and management review rado, is owned by GSA and is currently The conference agreement includes of FEC operations. GAO shall develop a scope leased to the U.S. Air Force Space Com- $195,000,000 to support a national media cam- of work that addresses the management and mand. In the event that the Space Command paign for the first year of a possible five-year technology concerns raised by the conferees does not renew or extend its lease, and the media campaign proposed by the Director of and identified in House Report 105–240, shall facility becomes vacant and is deemed sur- the ONDCP to target young people. No funds perform the administrative duties necessary plus, the conferees urge GSA to strongly would be available for obligation until the to award and monitor the contract, shall en- consider the United States Olympic Commit- ONDCP Director submits a strategy for ap- sure that the selected contractor has the tee’s need for additional space and to give proval that contains: necessary background and technical skills to priority to the USOC’s request to gain title (1) guidelines to ensure and certify that successfully conduct the study, and shall en- or otherwise acquire this property. sure that the contractor deliverables are refunds will neither supplement nor supplant SURPLUS EQUIPMENT TO SCHOOLS AND sponsive to the scope of the contract. The current anti-drug community based coali- EDUCATIONAL INSTITUTIONS conferees direct GAO to consult with the tions or pro bono public service time donated The conferees urge the GSA, in line with by national and local broadcasting networks; Committees on Appropriations and the House Oversight Committee on the param- its responsibilities for the disposal of excess (2) guidelines to ensure and certify that no and surplus Federal personal property, to funds will be used for partisan political pur- eters of this audit and wish to make it clear that the audit outline, scope, content and re- promote and foster the transfer of excess and poses, or to fund media campaigns that fea- surplus computer equipment directly to ture elected officials, persons seeking elected sultant reports are the purview of these Committees, not of the GAO. schools and appropriate nonprofit, commu- office, cabinet-level officials, or certain nity-based educational organizations. The other Federal officials; FEDERAL LABOR RELATIONS AUTHORITY GSA should communicate with other Federal (3) a detailed implementation plan for se- SALARIES AND EXPENSES agencies to heighten their ongoing aware- curing private sector contributions including The conferees provide $22,039,000 as pro- ness of the existing opportunities at both the but not limited to in-kind contributions; posed by the Senate instead of $21,803,000 as national and local levels to meet the needs of (4) a detailed implementation plan of the proposed by the House. the schools for such equipment and work qualifications necessary for any organiza- GENERAL SERVICES ADMINISTRATION with agencies to ensure that the equipment tion, entity, or individual to receive funding is conveyed to the school or organization FEDERAL BUILDINGS FUND for or otherwise be provided broadcast media quickly and at the least cost to the institu- time; and LIMITATIONS ON AVAILABILITY OF REVENUE tion. The conferees further direct GSA to (5) a system to measure outcomes of suc- The conferees agree to provide $4,835,934,000 work with the regional Federal executive cess of the national media campaign. in new obligational authority for the Gen- boards providing guidance and assistance to The conference agreement requires the eral Services Administration’s (GSA), Fed- help establish regional clearinghouses of in- ONDCP Director to report to Congress quar- eral Buildings Fund (FBF) as proposed by formation on the availability of excess com- terly on obligation of funds and on the pa- the House, instead of $4,885,934,000 as pro- puter surplus equipment in each region. This rameters of the campaign, as well as to re- posed by the Senate. information should be made readily avail- port to Congress within two years on the ef- The conferees agree with the House posi- able to schools. fectiveness of the campaign based upon the tion on providing no additional obligational GENERAL PROVISIONS—GENERAL SERVICES measurable outcomes previously provided to authority for chloroflurocarbons program in ADMINISTRATION Congress. 1998. This reduction is taken without preju- Sections 401–409. The conferees agree to in- The conferees direct ONDCP to assess all dice. The conferees agree that this will place clude provisions as proposed by both the media vehicles available for this campaign an additional burden on GSA’s attempts to House and Senate. including, but not limited to, broadcast and meet its requirements under the Clean Air Section 410. The conferees agree to include print media, and the Internet. Further, the Act. However, limited funding options did a provision as proposed by the House which conferees direct ONDCP to consult with not provide sufficient latitude for the con- authorizes GSA to repay debts incurred by media and drug experts, such as the Ad ferees to meet this requirement. the Pennsylvania Avenue Development Cor- Council and the Partnership for a Drug-Free The conferees agree with the Senate posi- poration. America, in an effort to draw from the expe- tion on providing separate limitations on the Section 411. The conferees agree to include rience and expertise of individuals and orga- Rental of Space and the Building Operations a provision as proposed by the House which nizations that have experience in this field, programs, instead of the House position authorizes GSA to pay claims up to $250,000 including health and education profes- which combined these two programs into one from construction projects and acquisition of sionals. The conferees are convinced that limitation amount. buildings. close consultation with the private sector on The conferees agree with the House posi- Section 412. The conferees agree to include the development and implementation of this tion which set a $680,543,000 limitation on ex- a provision as proposed by the House which campaign is critical to its success. penditures ‘‘previously requested and ap- directs GSA to sell certain property in Ba- The conferees believe this media campaign, proved under this heading in prior fiscal kersfield, California. if properly executed, has the potential to years.’’ By accepting the House language, Section 413. The conferees agree to include produce concrete results by the year 2001. the conferees wish to stress that the General a provision as proposed by the Senate, with The conferees will closely track this cam- Services Administration, not just Congress, modifications, which amends Section 201(b) paign and its contribution to achieving a contributed to the creation of a shortfall in of the Federal Property and Administrative drug-free America. The conferees anticipate the Federal Buildings Fund by requesting Services Act (Section 1555 of the Federal Ac- that future funding will be based on results. the authority to use the Fund for the con- quisition Streamlining Act). H.R. 2378, as re- TITLE IV—INDEPENDENT AGENCIES struction, acquisition, and repair of Federal ported to the House of Representatives, in- buildings when the balances in the Fund FEDERAL ELECTION COMMISSION cluded a provision identical to that included were not sufficient to support the request. SALARIES AND EXPENSES as Section 410 in the Senate version of the The conferees provide $31,650,000 instead of POLICY AND OPERATIONS bill. The provision was eliminated from the $34,550,000 as proposed by the House and The conferees agree to provide $107,487,000 House bill due to technical issues associated $29,000,000 as proposed by the Senate. Of this as proposed by the House instead of with the Rules of the House. The modifica- amount $3,800,000 is fenced for internal auto- $104,487,000 as proposed by the Senate. tions agreed to by the conferees reinstate mated data processing; this includes The conferees direct that $2,000,000 be pro- the authority of qualified nonprofit agencies $2,500,000 for ongoing computer moderniza- vided in accordance with the direction infor the blind and severely handicapped that tion initiatives and $1,300,000, as requested cluded in the House report and that $1,000,000 are providing a commodity or service to the by the FEC, for computerized imaging and be used to initiate a digital medical edu- Federal government under a contract award- indexing of documents related to the 1996 cation project. ed under the Javits-Wagner O’Day Act. This election cycle. The conferees also provide GOVERNOR’S ISLAND authority was inadvertently deleted in the $750,000 for an independent audit of the FEC The conferees direct that, in fiscal year language which was adopted by the Senate. and $300,000 for a system to disclose and 1999, GSA appropriately budget for the pro- The provision included by the conferees only maintain all FEC filings on the Internet. The tection and maintenance of Governor’s Is- deletes that part of Section 201(b) known as conferees agree that the FEC should main- land, New York. This U.S. Coast Guard prop- the Cooperative Purchasing Act. tain an FTE level of no greater than 313.5 erty is designated for disposal by GSA in the FEDERAL PAYMENT TO MORRIS K. UDALL during fiscal year 1998. future and such funds as may be necessary SCHOLARSHIP AND EXCELLENCE IN NATIONAL PERFORMANCE AND TECHNOLOGICAL AUDIT should be requested so that there is no undue ENVIRONMENTAL POLICY FOUNDATION The conferees agree that $750,000 of FEC’s deterioration of the property prior to its The conferees agree to provide $1,750,000, funds will be made available, by transfer, to sale. instead of $2,000,000 as proposed by the House September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8157 and no appropriation as proposed by the Sen- SEC. 510. The conferees agree to include a SECTION 632. The conferees agree to include ate. provision as proposed by the House and Sen- a provision concerning FSLIC, authorizing MERIT SYSTEMS PROTECTION BOARD ate authorizing the use of unobligated bal- reimbursement to the Department of Justice ances for certain purposes. The conferees for litigation expenses in claims against the SALARIES AND EXPENSES agree to the Senate proposal that such re- United States. The conferees expect that The conferees agree to provide $25,290,000 quests be made in compliance with re- OMB will submit, with the fiscal year 1999 as proposed by the House instead of programming guidelines. budget request, language which would make $24,810,000 as proposed by the Senate. SEC. 511. The conferees agree to include a this provision permanent law. NATIONAL ARCHIVES AND RECORDS provision as proposed by both the House and The conferees do not agree to include a ADMINISTRATION Senate which prohibits the use of funds for provision as proposed by the House which OPERATING EXPENSES the White House to request official back- prohibits IRS from including Social Security The conferees agree to provide $205,166,500 ground reports without the written consent numbers on mailing labels or other visible instead of $202,354,000 as proposed by the of the individual who is the subject of the re- IRS mailings. This issue is addressed in the House and $206,479,000 as proposed by the port. IRS section SECTION 633. The conferees agree to include Senate. The conferees have not included a provision as proposed by the House that would a provision relating to NAFTA as proposed ARCHIVES FACILITIES AND PRESIDENTIAL have limited the expenditure of funds for by both the House and Senate with minor LIBRARIES Sunday premium pay or night differential technical corrections. REPAIRS AND RESTORATION pay, and would allow differential pay to an SECTION 634. The conferees agree to include The conferees agree to provide $14,650,000, employee in a paid leave status under cer- a provision as proposed by the House which instead of $10,650,000 as proposed by the tain conditions. This provision is addressed prohibits the U.S. Customs Service from al- House and $13,650,000 as proposed by the Sen- in Title VI. lowing the importation of products produced ate. Within this amount, the National Ar- The conferees do not include a provision as by forced or indentured child labor. chives shall spend $4,000,000 to complete its proposed by the House which provided an ad- SECTION 635. The conferees agree to include plan for the repair and restoration of the ditional $4,200,000 for the FEC’s automated a provision, with modifications, as proposed Truman Library and $4,000,000 to complete data processing systems. by the Senate requiring OMB to establish an its plan for the repair and restoration of the SEC. 512. The conferees agree to include a object class to track employee relocation Roosevelt Library. provision as proposed by the House, with costs. The revised provision would require Federal departments and agencies to report NATIONAL HISTORICAL PUBLICATIONS AND modifications, limiting term limits for FEC their total obligations for the expenses of RECORDS COMMISSION Commissioners. The modification limits the term for FEC Commissioners nominated by employee relocation to OMB with their an- GRANTS PROGRAM the President to be members after December nual budget submissions. The information The conferees agree to provide $5,500,000 as 31, 1997. would then be compiled by OMB into a table proposed by the House instead of $5,000,000 as SEC. 513. The conferees agree to include a which will be transmitted to Congress with proposed by the Senate. provision as proposed by the House which the President’s annual budget submission. OFFICE OF GOVERNMENT ETHICS would prohibit the expenditure of funds for SECTION 636. The conferees agree to include a provision, with a modification, as proposed SALARIES AND EXPENSES abortions under the FEHBP. The same language was included by the Senate as Section by the Senate which limits the expenditure The conferees agree to provide $8,265,000 as 644. of funds for Sunday premium pay. The modi- proposed by the Senate instead of $8,078,000 SEC. 514. The conferees agree to include a fication makes this provision government- as proposed by the House. provision as proposed by the House which wide. The House included a similar provision OFFICE OF SPECIAL COUNSEL would authorize the expenditure of funds for as Section 513. SALARIES AND EXPENSES abortions under the FEHB if the life of the The conferees do not agree to include a The conferees agree to provide $8,450,000 as mother is in danger or the pregnancy is the provision as proposed by the Senate which proposed by the Senate instead of $8,116,000 result of an act of rape or incest. The same directed the USPS to issue a special rate as proposed by the House. language was included by the Senate as Sec- breast cancer stamp. tion 645. The conferees do not agree to include a UNITED STATES TAX COURT SEC. 515. The conferees agree to include a provision as proposed by the Senate which SALARIES AND EXPENSES provision as proposed by the Senate which prohibited Federal agencies from furnishing The conferees agree to provide $33,921,000 provides the Office of Personnel Management commercially available services or property as proposed by the House instead of more time to study and report to Congress to other agencies unless certain require- $34,293,000 as proposed by the Senate. on the methodology for determining cost-of- ments were met. TITLE V—GENERAL PROVISIONS living allowance (COLA) rates. SECTION 637. The conferees agree to include a provision as proposed by the Senate which THIS ACT SEC. 516. The conferees agree to include a provision authorizing the adjustment of re- amends the Federal Election Campaign Act SEC. 501-503. The conferees agree to include tirement pay for certain individuals under to extend coverage to the Republican and these provisions proposed by both the House certain conditions. Democratic Senatorial Campaign Commit- and the Senate. SEC. 517. The conferees agree to include a tees. SEC. 504. The conferees agree to include a provision to extend the Physicians Com- The conferees do not agree to include a provision as proposed by the Senate which parability Allowance. provision as proposed by the Senate which prohibits transferring control over FLETC. SEC. 518. The conferees agree to include a included a sense of the Senate regarding the The conferees do not agree to make this pro- provision on survivor annuities. importation of fish. vision permanent as proposed by the House. The conferees do not agree to include a SEC. 505. The conferees agree to make per- TITLE VI—GOVERNMENT WIDE GENERAL provision as proposed by the Senate which manent a provision as proposed by both the PROVISIONS prohibited computer game programs on Fed- House and Senate which authorizes the Fed- SECTION 601-626. The conferees agree to in- eral government computers. eral Executive Institute and Management clude provisions as proposed by both the The conferees do not agree to include a Development Centers to accept donations of House and Senate with minor technical cor- provision as proposed by the Senate which supplies, services, land and equipment. rections. authorized Congressional committees to pro- SEC. 506. The conferees agree to include a SECTION 627. The conferees agree to include vide certain reporting. provision as proposed by both the House and a provision as proposed by the House which SECTION 638. The conferees agree to include Senate which provides employment rights to authorizes the Secretary of the Treasury to a provision as proposed by the Senate which federal employees who return to their civil- establish standards for explosives detection requires the separation from service and bars ian jobs after assignment with the Armed canines. reemployment of Federal employees con- Forces. SECTION 628. The conferees agree to include victed of bribery related to violations of the SEC. 507. The conferees agree to include a a provision as proposed by both the House Controlled Substances Import and Export provision as proposed by the House and Sen- and Senate which prohibits the use of funds Act. ate regarding compliance with the Buy to provide non-public information such as SECTION 639. The conferees agree to include American Act. mailing or telephone lists to any person or a provision as proposed by the Senate which SEC. 508. The conferees agree to include a organization outside of the Federal govern- requires ONDCP to submit a plan for provision as proposed by the House and Sen- ment. counterdrug intelligence coordination. ate which prohibits contracts which use SECTION 629. The conferees agree to include SECTION 640. The conferees agree to include goods not made in America. a provision as proposed by the House which a provision as proposed by the House and SEC. 509. The conferees agree to include a authorizes interagency financing for the Na- Senate, with modifications, which prohibits provision as proposed by both the House and tional Bioethics Advisory Commission. the use of funds to prevent Federal employ- Senate which prohibits the intentional use of SECTION 630–631. The conferees agree to in- ees from communicating with Congress or a ‘‘Made in America’’ inscription on goods clude provisions proposed by both the House take disciplinary or personnel actions not made in the United States. and the Senate. against employees for such communication. H8158 CONGRESSIONAL RECORD — HOUSE September 29, 1997

The modification makes the provision effec- traveling en route to Washington from Mr. WEYGAND. tive government wide. official business in the district. Mr. PAYNE. SECTION 641. The conferees agree to include Mr. FATTAH (at the request of Mr. a provision as proposed by the Senate which f GEPHARDT) for today, on account of amends Title 31 relating to gold clauses. ENROLLED BILL SIGNED The conferees do not agree to a Senate pro- personal business. vision relating to Judicial Salaries. f Mr. THOMAS, from the Committee The conferees do not agree to a Senate pro- on House Oversight, reported that that SPECIAL ORDERS GRANTED vision relating to cost-of-living adjustments committee had examined and found for Members of Congress. By unanimous consent, permission to truly enrolled a bill of the House of the SECTION 642. The conferees agree to include address the House, following the legis- a provision on the Federal Employees’ Re- following title, which was thereupon tirement System. lative program and any special orders signed by the Speaker: heretofore entered, was granted to: CONFERENCE TOTAL—WITH H.R. 1420. An act to amend the National COMPARISONS (The following Members (at the re- Wildlife Refuge System Administration Act The total new budget (obligational) au- quest of Mr. MCNULTY) to revise and of 1966 to improve the management of the thority for the fiscal year 1998 recommended extend their remarks and include ex- National Wildlife Refuge System, and for by the Committee of Conference, with com- traneous material:) other purposes. parisons to the fiscal year 1997 amount, the Mr. GREEN, for 5 minutes, today. f 1998 budget estimates, and the House and Mr. DAVIS of Illinois, for 5 minutes, Senate bills for 1998 follows: today. SENATE ENROLLED BILL SIGNED New budget (obligational) Mr. SNYDER, for 5 minutes, today. The SPEAKER announced his signa- authority, fiscal year Mr. DOGGETT, for 5 minutes, today. ture to an enrolled bill of the Senate of 1997 ...... $24,101,623,000 Mr. PALLONE, for 5 minutes, today. the following title: Budget estimates of new Mr. FARR of California, for 5 minutes, S. 871. An act to establish the Oklahoma (obligational) authority, today. City National Memorial as a unit of the Na- fiscal year 1998 ...... 25,774,854,000 tional Park System; to designate the Okla- House bill, fiscal year 1998 25,155,789,000 (The following Members (at the re- homa City Memorial Trust, and for other Senate bill, fiscal year 1998 25,206,539,000 quest of Mr. DUNCAN) to revise and ex- Conference agreement, fis- tend their remarks and include extra- purposes. cal year 1998 ...... 25,325,767,500 neous material:) f Conference agreement Mr. CHAMBLISS, for 5 minutes, today. compared with: ADJOURNMENT New budget Mr. KINGSTON, for 5 minutes, today. Mr. HUTCHINSON, for 5 minutes, Mr. SHADEGG. Mr. Speaker, I move (obligational) author- that the House do now adjourn. ity, fiscal year 1997 ...... +1,224,144,500 today. Budget estimates of new Mr. HULSHOF, for 5 minutes, on Octo- The motion was agreed to; accord- (obligational) author- ber 1. ingly (at 9 o’clock and 52 minutes ity, fiscal year 1998 ...... ¥449,086,500 Mr. NORWOOD, for 5 minutes each day, p.m.), under its previous order, the House bill, fiscal year on today, September 30, and October 1. House adjourned until tomorrow, Tues- 1998 ...... +169,978,500 day, September 30, 1997, at 9 a.m. Senate bill, fiscal year Mr. BILBRAY, for 5 minutes, today. 1998 ...... +119,228,500 Mr. DUNCAN, for 5 minutes, today. f For consideration of the House bill, and the Mr. METCALF, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, Senate amendment, and modifications com- (The following Member (at his own ETC. mitted to conference: request) to revise and extend his re- JIM KOLBE, marks and include extraneous mate- Under clause 2 of rule XXIV, execu- FRANK R. WOLF, rial:) tive communications were taken from BOB LIVINGSTON, Mr. FOX of Pennsylvania, for 5 min- the Speaker’s table and referred as fol- STENY H. HOYER, lows: DAVID OBEY, utes, today. Managers of the Part of the House. f 5215. A letter from the Administrator, Ag- ricultural Marketing Service, transmitting BEN NIGHTHORSE EXTENSION OF REMARKS the Service’s final rule—Nectarines and CAMPBELL, Peaches Grown in California; Revision of RICHARD SHELBY, By unanimous consent, permission to Handling Requirements for Fresh Nectarines TED STEVENS, revise and extend remarks was granted and Peaches [Docket No. FV96–916–3 FIR] re- HERB KOHL, to: ceived September 29, 1997, pursuant to 5 BARBARA A. MIKULSKI, (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Ag- ROBERT C. BYRD, quest of Mr. MCNULTY) and to include Managers on the Part of the Senate. riculture. As additional conferees solely for consider- extraneous matter:) 5216. A letter from the Administrator, Ag- ation of Titles I through IV of the House bill, Mr. NADLER. ricultural Marketing Service, transmitting and Titles I through IV of the Senate amend- Mr. POSHARD. the Service’s final rule—Milk in the New ment, and modifications committed to con- Mr. KANJORSKI. Mexico-West Texas Marketing Area; Suspen- sion of Certain Provisions of the Order [DA– ference: Mr. FROST. 97–07] received September 29, 1997, pursuant ERNEST ISTOOK, Mrs. MEEK of Florida. to 5 U.S.C. 801(a)(1)(A); to the Committee on ANNE M. NORTHUP, Mr. LAFALCE. Agriculture. CARRIE P. MEEK, Mr. STARK. Managers of the Part of the House. 5217. A letter from the Administrator, Ag- Mr. LANTOS. ricultural Marketing Service, transmitting f Mr. KIND. the Service’s final rule—Irish Potatoes LEAVE OF ABSENCE (The following Members (at the re- Grown in Colorado; Change in Handling Reg- ulation for Area No. 2 [Docket No. FV97–948– By unanimous consent, leave of ab- quest of Mr. DUNCAN) and to include extraneous matter:) 1 IFR] received September 26, 1997, pursuant sence was granted to: to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. HEFNER (at the request of Mr. Mr. SAXTON. Agriculture. GEPHARDT) for today, on account of ill- Mr. FORBES. 5218. A letter from the Administrator, Ag- ness in the family. (The following Members (at the re- ricultural Marketing Service, transmitting Mr. UNDERWOOD (at the request of quest of Mr. SHADEGG) and to include the Service’s final rule—Raisins Produced Mr. GEPHARDT) for today through extraneous matter:) From Grapes Grown in California; Suspen- Wednesday, October 1, on account of of- Ms. PELOSI. sion of Provisions Concerning Certain Offers ficial business. Mrs. TAUSCHER. of Reserve Raisins to Handlers for Free Use [Docket No. FV–97–989–2 FR] received Sep- Mr. KLINK. Mr. RANGEL (at the request of Mr. tember 26, 1997, pursuant to 5 U.S.C. GEPHARDT) for today, on account of of- Mr. ABERCROMBIE. 801(a)(1)(A); to the Committee on Agri- ficial business. Mr. BARR of Georgia. culture. Ms. HARMAN (at the request of Mr. Mr. KUCINICH. 5219. A letter from the Administrator, Ag- GEPHARDT) for today, on account of Mr. PACKARD. ricultural Marketing Service, transmitting September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8159 the Service’s final rule—Specialty Crops; Im- Personal Care Services [MB–071–F] (RIN: Labor, transmitting the Department’s final port Regulations; Extension of Reporting Pe- 0938–AH00) received September 17, 1997, pur- rule—Government Contractors, Affirmative riod for Peanuts Imported Under 1997 Import suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Action Requirements, Executive Order 11246 Quotas [Docket No. FV97–999–1 IFR] received tee on Commerce. (RIN: 1215–AA01) received August 19, 1997, September 26, 1997, pursuant to 5 U.S.C. 5231. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Agri- Congressional Affairs, Nuclear Regulatory mittee on Government Reform and Over- culture. Commission, transmitting the Commission’s sight. 5220. A letter from the Administrator, Ag- final rule—Enforcement Guidance Memoran- 5242. A letter from the Deputy Associate ricultural Marketing Service, transmitting dum [EGM 97–015] received September 29, Administrator for Acquisition Policy, Gen- the Service’s final rule—Almonds Grown in 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the eral Services Administration, transmitting California; Revision to Requirments Regard- Committee on Commerce. the Administration’s final rule—Federal Ac- ing Inedible Almonds [Docket No. FV97–981– 5232. A letter from the Secretary of En- quisition Regulation; Part 15 Rewrite; Con- 3 FIR] received September 26, 1997, pursuant ergy, transmitting the Department’s Com- tracting by Negotiation and Competitive to 5 U.S.C. 801(a)(1)(A); to the Committee on bined Thirty-sixth and Thirty-seventh Quar- Range Determination (National Aeronautics Agriculture. terly Report to Congress on the status of and Space Administration) [FAC 97–02; FAR 5221. A letter from the Administrator, Exxon and Stripper Well Oil Overcharge Case 95–029] (RIN: 9000–AH21) received Sep- Farm Service Agency, transmitting the Funds as of December 31, 1996; to the Com- tember 24, 1997, pursuant to 5 U.S.C. Agency’s final rule—Tree Assistance Pro- mittee on Commerce. 801(a)(1)(A); to the Committee on Govern- 5233. A letter from the Deputy Secretary, gram [Workplan No. 97–011] (RIN: 0560–AF17) ment Reform and Oversight. Securities and Exchange Commission, trans- received September 29, 1997, pursuant to 5 5243. A letter from the Chairman, Merit U.S.C. 801(a)(1)(A); to the Committee on Ag- mitting the Commission’s final rule—Reg- istration under the Securities Act of 1933 of Systems Protection Board, transmitting the riculture. Board’s report entitled ‘‘Achieving a Rep- 5222. A letter from the Chief, Programs and Certain Investment Company Securities [Re- lease Nos. 33–7448, IC–22815; File No. S7–19–97] resentative Federal Workforce: Addressing Legislation Division, Department of the Air the Barriers to Hispanic Participation,’’ pur- Force, transmitting notification that the (RIN: 3235–AG73) received September 10, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 1204(a)(3); to the Committee Commander of Lackland Air Force Base, on Government Reform and Oversight. Texas, has conducted a cost comparison to mittee on Commerce. 5234. A letter from the Secretary, Securi- 5244. A letter from the Chairman, National reduce the cost of Kennel Management, pur- ties and Exchange Commission, transmitting Transportation Safety Board, transmitting suant to 10 U.S.C. 2304 nt.; to the Committee the Commission’s final rule—Rule Amend- the Board’s strategic plan, including mission on National Security. ments Relating to Multiple Class and Series and vision statement, goals, and an annual 5223. A letter from the Chief, Programs and performance plan, pursuant to Public Law Legislation Division, Department of the Air Investment Companies [Release No. IC–22835; File No. S7–24–96] (RIN: 3235–AG72) received 103–62; to the Committee on Government Re- Force, transmitting notification that the September 29, 1997, pursuant to 5 U.S.C. form and Oversight. Commander in Chief of United States Strate- 801(a)(1)(A); to the Committee on Commerce. 5245. A letter from the Deputy Director, Of- gic Command is initiating a cost comparison 5235. A letter from the Assistant Secretary fice of Government Ethics, transmitting the of non-military essential computer systems for Legislative Affairs, Department of State, Office’s final rule—Removal of Superseded support functions impacting a total of 352 transmitting a report on the progress made References to the Former Honorarium Ban, employees, pursuant to 10 U.S.C. 2304 nt.; to toward opening the United States Embassy Revisions to Conform with Procurement In- the Committee on National Security. in Jerusalem, pursuant to Public Law 104–45, tegrity Changes and Conflict-of-Interest Ex- 5224. A letter from the Acting Under Sec- section 6 (109 Stat. 400); to the Committee on emptions, and Other Updates (RINs: 3209– retary (Acquisition and Technology), Depart- International Relations. AA00 and 3209–AA04) received September 12, ment of Defense, transmitting the report to 5236. A letter from the Chief Counsel, Of- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Congress for Department of Defense pur- fice of Foreign Assets Control, Department Committee on Government Reform and chases from foreign entities in fiscal year of the Treasury, transmitting the Depart- Oversight. 1996, pursuant to Public Law 104–201, section ment’s final rule—Blocked Persons, Spe- 5246. A letter from the Acting Director, Of- 827 (110 Stat. 2611); to the Committee on Na- cially Designated Nationals, Specially Des- fice of Personnel Management, transmitting tional Security. ignated Terrorists, Specially Designated the Office’s final rule—Retirement, Health, 5225. A letter from the Acting Assistant Narcotics Traffickers, and Blocked Vessels: Secretary (Command, Control, Communica- and Life Insurance Coverage for Certain Em- Additional Designations and Removal of Two ployees of the District of Columbia Under tions, and Intelligence), Department of De- Individuals [31 CFR Chapter V] received Sep- fense, transmitting a report on support serv- the National Capital Revitalization and Self- tember 9, 1997, pursuant to 5 U.S.C. Government Improvement Act of 1997 (RIN: ices other than telecommunications support 801(a)(1)(A); to the Committee on Inter- services provided to the White House by the 3206–AI02) received September 26, 1997, pursu- national Relations. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Defense through the White 5237. A letter from the Deputy Director, on Government Reform and Oversight. House Communications Agency for the 3rd Russia-NIS Program Office, International 5247. A letter from the Assistant Secretary, quarter of FY 1997, pursuant to Public Law Trade Administration, transmitting the Ad- Land and Minerals Management, Depart- 104–201, section 912; to the Committee on Na- ministration’s final rule—Cooperative Agree- ment of the Interior, transmitting the an- tional Security. ment Program for American Business Cen- nual report on royalty management and col- 5226. A letter from the Assistant Secretary ters in Russia and the New Independent lection activities for Federal and Indian for Reserve Affairs, Department of Defense, States [Docket No. 970910230–7230–01] received mineral leases in FY 1996, pursuant to 30 transmitting a letter advising that the re- September 17, 1997, pursuant to 5 U.S.C. U.S.C. 237; to the Committee on Resources. port on reserve retirement initiatives will be 801(a)(1)(A); to the Committee on Inter- 5248. A letter from the Acting Assistant submitted on or about November 28, 1997, national Relations. pursuant to Public Law 104–201, section 531; 5238. A letter from the Chairman, Council Secretary for Fish and Wildlife and Parks, to the Committee on National Security. of the District of Columbia, transmitting a Department of the Interior, transmitting a 5227. A letter from the Secretary of De- copy of D.C. Act 12–106, ‘‘Arts and Human- draft of proposed legislation to amend the fense, transmitting a report on Modification ities Enterprise Fund Establishment Amend- Act which established the Frederick Law of Requirement for Conversion of Military ment Act of 1997’’ received September 26, Olmstead National Historic Site, in the Com- Positions to Civilian Positions; to the Com- 1997, pursuant to D.C. Code section 1– monwealth of Massachusetts, by modifying mittee on National Security. 233(c)(1); to the Committee on Government the boundary; to the Committee on Re- 5228. A letter from the Secretary of the Reform and Oversight. sources. Treasury, transmitting the annual report on 5239. A letter from the Mayor, The District 5249. A letter from the Acting Assistant the operations of the Exchange Stabilization of Columbia, transmitting a copy of D.C. Act Secretary for Fish and Wildlife and Parks, Fund (ESF) for fiscal year 1996, pursuant to 12–147, ‘‘Amended Fiscal Year 1998 Concensus Department of the Interior, transmitting a 31 U.S.C. 5302(c)(2); to the Committee on Budget Request Act of 1997’’ received Sep- draft of proposed legislation to amend the Banking and Financial Services. tember 11, 1997, pursuant to D.C. Code sec- Act which established the Richmond Na- 5229. A letter from the Attorney-Advisor, tion 1–233(c)(1); to the Committee on Govern- tional Battlefield Park, in the Common- Federal Register Certifying Officer, Finan- ment Reform and Oversight. wealth of Virginia, by modifying the bound- cial Management Service, transmitting the 5240. A letter from the Executive Director, ary; to the Committee on Resources. Service’s final rule—Depositories and Finan- Committee for Purchase from People Who 5250. A letter from the Acting Assistant cial Agents of the Federal Government (RIN: Are Blind or Severely Disabled, transmitting Secretary for Fish and Wildlife and Parks, 1510–AA42) received August 25, 1997, pursuant the Committee’s final rule—Additions to and Department of the Interior, transmitting the to 5 U.S.C. 801(a)(1)(A); to the Committee on Deletions from the Procurement List [97–017] Department’s ‘‘Major’’ final rule—Migratory Banking and Financial Services. received September 26, 1997, pursuant to 5 Bird Hunting; Late Seasons and Bag and Pos- 5230. A letter from the Administrator, U.S.C. 801(a)(1)(A); to the Committee on Gov- session Limits for Certain Migratory Game Health Care Financing Administration, ernment Reform and Oversight. Birds (RIN: 1018–AE14) received September transmitting the Administration’s ‘‘Major’’ 5241. A letter from the Assistant Secretary 26, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to final rule— Medicaid Program; Coverage of for Employment Standards, Department of the Committee on Resources. H8160 CONGRESSIONAL RECORD — HOUSE September 29, 1997 5251. A letter from the Acting Director, Of- (Rept. 105–277). Referred to the Committee of ity leases for the Department of Veterans Af- fice of Sustainable Fisheries, National Oce- the Whole House on the State of the Union. fairs for fiscal year 1998, and for other pur- anic and Atmospheric Administration, trans- Mr. YOUNG of Alaska: Committee on Re- poses; to the Committee on Veterans’ Af- mitting the Administration’s final rule— sources. H.R. 1476. A bill to settle certain fairs. Fisheries of the Exclusive Economic Zone Miccosukee Indian land takings claims with- By Mr. EVANS (for himself, Mr. KEN- Off Alaska; Shortraker/Rougheye Rockfish in the State of Florida (Rept. 105–278). Re- NEDY of Massachusetts, Mr. MASCARA, in the Eastern Regulatory Area of the Gulf ferred to the Committee of the Whole House Mr. RODRIGUEZ, and Mr. FILNER): of Alaska [Docket No. 961126334–7052–02; I.D. on the State of the Union. H.R. 2572. A bill to amend title 38, United 092297D] received September 26, 1997, pursu- Mr. YOUNG of Alaska: Committee on Re- States Code, to require that in the case of ant to 5 U.S.C. 801(a)(1)(A); to the Committee sources. H.R. 2007. A bill to amend the act past-due benefits awarded an individual pur- on Resources. that authorized the Canadian River reclama- suant to a proceeding before the Secretary of 5252. A letter from the Secretary of the In- tion project, TX, to direct the Secretary of Veterans Affairs, the payment of attorneys terior, transmitting a draft of proposed legis- the Interior to allow use of the project dis- fees with respect to such award may not ex- lation to establish a uniform, workable ad- tribution system to transport water from ceed 20 percent of the award; to the Commit- ministrative process by which those States sources other than the project; with an tee on Veterans’ Affairs. and local governments that claim R.S. 2477 amendment (Rept. 105–279). Referred to the By Mr. HAYWORTH: H.R. 2573. A bill to amend the Federal Elec- rights-of-way across Federal land can have Committee of the Whole House on the State tion Campaign Act of 1971 to require that a the appropriate Federal land manager make of the Union. majority of the funds raised by a candidate binding determinations of their existence Mr. SOLOMON: Committee on Rules. for election to the Senate or the House of and validity; to the Committee on Re- House Resolution 253. Resolution providing Representatives come from individuals resid- sources. for consideration of the resolution (H. Res. ing in the State the candidate seeks to rep- 5253. A letter from the Secretary of Hous- 244) demanding that the Office of the U.S. at- resent, to require labor organizations to pro- ing and Urban Development, transmitting torney for the Central District of California vide their members with information on the the report on Loan Portfolio Valuation, pur- file criminal charges against Hermandad use of member dues for political purposes, suant to Public Law 104–134, section 31001; to Mexicana Nacional for failure to comply and for other purposes; to the Committee on the Committee on the Judiciary. with a valid subpoena under the Federal Con- House Oversight. 5254. A letter from the Executive Sec- tested Elections Act (Rept. 105–280). Referred By Mr. POMEROY: retary, Inland Waterways Users Board, to the House Calendar. H.R. 2574. A bill to consolidate certain transmitting the Board’s eleventh annual re- Ms. PRYCE of Ohio: Committee on Rules. mineral interests in the National Grasslands port of its activities; recommendations re- House Resolution 254. Resolution waiving in Billings County, ND, through the ex- garding construction, rehabilitation prior- points of order against the conference report change of Federal and private mineral inter- ities and spending levels on the commercial to accompany the bill (H.R. 2203) making ap- ests to enhance land management capabili- navigational features and components of in- propriations for energy and water develop- ties and environmental and wildlife protec- land waterways and harbors, pursuant to ment for the fiscal year ending September 30, tion, and for other purposes; to the Commit- Public Law 99–662, section 302(b) (100 Stat. 1998, and for other purposes (Rept. 105–281). tee on Resources. 4111); to the Committee on Transportation Referred to the House Calendar. By Mr. PORTER: and Infrastructure. Mr. DREIER: Committee on Rules. House H.R. 2575. A bill to suspend the duty on the 5255. A letter from the Acting Assistant Resolution 255. Resolution providing for con- 2,6-Dimethyl-m-Dioxan-4-ol Acetate until Secretary of the Army (Civil Works), Depart- sideration of the bill (H.R. 1370) to reauthor- January 1, 2001; to the Committee on Ways ment of the Army, transmitting a report en- ize the Export-Import Bank of the United and Means. titled ‘‘Columbia River Treaty Fishing Ac- States (Rept. 105–282). Referred to the House By Mr. PORTER: cess Sites,’’ pursuant to Public Law 104–303, Calendar. H.R. 2576. A bill to suspend the duty on B- section 512; to the Committee on Transpor- Mr. MCINNIS: Committee on Rules. House Bromo-B-nitrostyrene until January 1, 2001; tation and Infrastructure. Resolution 256. Resolution providing for con- to the Committee on Ways and Means. 5256. A letter from the Commissioner, So- sideration of the bill (H.R. 1127) to amend the By Mrs. THURMAN: cial Security Administration, transmitting Antiquities Act to require an Act of Con- H.R. 2577. A bill to exempt certain individ- the report on continuing disability reviews gress and the concurrence of the Governor uals who were 65 years of age or older as of the date of the enactment of the Omnibus for the fiscal year 1996, pursuant to Public and State legislature for the establishment Budget Reconciliation Act of 1993 from Law 104–121, section 103(d)(2) (110 Stat. 850); by the President of national monuments in changes made by the act in the Medicare sec- to the Committee on Ways and Means. excess of 5,000 acres (Rept. 105–283). Referred ondary payer rules for individuals with end 5257. A letter from the Commissioner, So- to the House Calendar. stage renal disease; to the Committee on cial Security Administration, transmitting Mr. KOLBE: Committee of Conference. Ways and Means, and in addition to the Com- the report on options for enhancing the So- Conference report on H.R. 2378. A bill mak- mittee on Commerce, for a period to be sub- cial Security card, pursuant to Public Law ing appropriations for the Treasury Depart- sequently determined by the Speaker, in 104–208, section 657; Public Law 104–93, sec- ment, the U.S. Postal Service, the Executive each case for consideration of such provi- tion 111; jointly to the Committees on Ways Office of the President, and certain inde- sions as fall within the jurisdiction of the and Means and the Judiciary. pendent agencies, for the fiscal year ending committee concerned. f September 30, 1998, and for other purposes By Mr. ARMEY: (Rept. 105–284). Ordered to be printed. H. Res. 249. Resolution designating major- REPORTS OF COMMITTEES ON f ity membership on certain standing commit- PUBLIC BILLS AND RESOLUTIONS tees of the House; considered and agreed to. Under clause 2 of rule XIII reports of PUBLIC BILLS AND RESOLUTIONS By Mr. FAZIO of California: H. Res. 250. Resolution designating minor- committees were delivered to the Clerk Under clause 5 of Rule X and clause 4 ity membership on certain standing commit- for printing and reference to the proper of rule XXII, public bills and resolu- tees of the House; considered and agreed to. calendar, as follows: tions were introduced and severally re- By Mr. FARR of California (for him- Mr. BLILEY: Committee on Commerce. ferred, as follows: self, Mr. PORTER, Mr. GEJDENSON, and H.R. 695. A bill to amend title 18, United By Mrs. FOWLER (for herself, Mr. COX Mr. GILCHREST): States Code, to affirm the rights of U.S. per- of California, Mr. GIBBONS, Mr. GIL- H. Res. 251. Resolution expressing support sons to use and sell encryption and to relax MAN, Mr. HUNTER, Mr. SAM JOHNSON, for the goals of America Recycles Day; to export controls on encryton; with an amend- Mr. MCINTOSH, Mr. ROHRABACHER, Mr. the Committee on Commerce. ment (Rept. 105–108, Pt. 5). Referred to the ROYCE, Mr. SHADEGG, Mr. SMITH of By Mr. ROHRABACHER (for himself, Committee of the Whole House on the State New Jersey, Mr. SOLOMON, and Mr. Mr. SOLOMON, Mr. COX of California, of the Union. SPENCE): Mr. SMITH of New Jersey, and Mr. Mr. YOUNG of Alaska: Committee on Re- H.R. 2570. A bill to condemn those officials ROYCE): sources. H.R. 512. A bill to prohibit the ex- of the Chinese Communist Party, the Gov- H. Res. 252. Resolution urging the Presi- penditure of funds from the land and water ernment of the People’s Republic of China, dent to make clear to the People’s Republic of China the commitment of the American conservation fund for the creation of new and other persons who are involved in the people to security and democracy on the Re- National Wildlife Refuges without specific enforcement of forced abortions by prevent- public of China on Taiwan; to the Committee authorization from Congress pursuant to a ing such persons from entering or remaining on International Relations. recommendation from the U.S. Fish and in the United States; to the Committee on Wildlife Service to create the refuge (Rept. the Judiciary. f 105–276). Referred to the Committee of the By Mr. STUMP (for himself, Mr. MEMORIALS Whole House on the State of the Union. EVANS, Mr. STEARNS, and Mr. Mr. YOUNG of Alaska: Committee on Re- GUTIERREZ): Under clause 4 of rule XXII, memori- sources. H.R. 2223. A bill to assist in the con- H.R. 2571. A bill to authorize major medi- als were presented and referred as fol- servation of coral reefs; with an amendment cal facility projects and major medical facil- lows: September 29, 1997 CONGRESSIONAL RECORD — HOUSE H8161 209. The SPEAKER presented a memorial Mr. WEYGAND, Mr. BERMAN, Mr. ROTHMAN, PETITIONS, ETC. of the House of Representatives of the State Mr. MATSUI Mr. LAFALCE Mr. KUCINICH Mr. of Missouri, relative to House Concurrent WATTS of Oklahoma, and Ms. CHRISTIAN- Under clause 1 of rule XXII, petitions Resolution No. 23 advising and strongly urg- GREEN. and papers were laid on the clerk’s ing the EPA to retain the existing NAAQS H.R. 2110: Mr. RUSH. desk and referred as follows: for ozone; to the Committee on Commerce. H.R. 2183: Mr. HORN. 22. The SPEAKER presented a petition of 210. Also, a memorial of the House of Rep- H.R. 2200: Mr. LEWIS of Georgia the Louisiana Municipal Association, rel- resentatives of the State of Louisiana, rel- H.R. 2221: Mr. BOEHNER. ative to a resolution memorializing the Con- ative to House Resolution No. 120 urging and H.R. 2250: Mr. CLYBURN, Mr. SCARBOROUGH, gress of the United States to act to grant to requesting the Congress of the United States and Mr. MANZULLO. the states the authority needed to enforce to propose an amendment to the Constitu- H.R. 2273: Mr. BLUMENAUER and Mr. PICK- the collection of sales taxes on interstate tion of the United States for ratification, for ETT. catalog sales; to the Committee on the Judi- submission to the states, to provide for elec- H.R. 2382: Mr. FROST and Ms. FURSE. ciary. tion of members of the federal judiciary; to H.R. 2383: Mr. HOEKSTRA. 23. Also, a petition of Gregory D. Watson of the Committee on the Judiciary. H.R. 2409: Mr. ACKERMAN, Ms. LOFGREN, Austin, Texas, relative to bringing to the at- 211. Also, a memorial of the Legislature of and Mr. SKEEN. tention of Congress a significant correction the State of Oregon, relative to House Bill H.R. 2424: Mr. HERGER, Mrs. MYRICK, and as to the sequence of events leading to the 3640 requesting that the Federal Government Mr. FARR of California. 1992 ratification of the 27th article of amend- honor the Federal Government’s original H.R. 2434: Mr. FILNER, Mr. STRICKLAND, and ment to the United States Constitution, and mandate to implement and complete the Mr. THOMPSON. referencing action taken by the General As- cleanup and restoration of the Hanford Nu- H.R. 2454: Mr. MCNULTY, Mr. FILNER, Ms. sembly of the Commonwealth of Kentucky clear Reservation; jointly to the Committees STABENOW, and Mr. COSTELLO. two centuries earlier in the year 1792; to the H.R. 2456: Mr. LOBIONDO, Mr. MINGE, and on National Security and Commerce. Committee on the Judiciary. Mr. TAYLOR of North Carolina. f 24. Also, a petition of the County of Los H.R. 2457: Mr. MCNULTY, Mr. GUTIERREZ, Angeles, Board of Supervisors, relative to re- Ms. KAPTUR, and Mr. FILNER. ADDITIONAL SPONSORS questing that Federal and State legislation H.R. 2460: Mr. WYNN. Under clause 4 of rule XXII, sponsors be enacted to allow men and women from the H.R. 2476: Mr. THOMPSON, Mr. MCNULTY, military to obtain credit for their training were added to public bills and resolu- and Mr. KENNEDY of Massachusetts. so that their skills are transferable to the tions as follows: H.R. 2488: Ms. STABENOW and Mr. GRAHAM. private sector and to other government H.R. 26: Mr. GIBBONS. H.R. 2497: Mr. CAMPBELL, Mr. CANADY of agencies; to the Committee on Veterans’ Af- H.R. 135: Mr. PRICE of North Carolina. Florida, Mr. TAYLOR of North Carolina, Mr. fairs. H.R. 250: Mr. FOLEY. WATTS of Oklahoma, Mr. SMITH of New Jer- H.R. 345: Mr. SALMON. sey, Mr. GOSS, Mr. WATKINS, Mr. DUNCAN, H.R. 367: Mrs. MYRICK. Mrs. EMERSON, Mrs. FOWLER, Mr. f H.R. 610: Mr. SAWYER. LATOURETTE, Mr. MORAN of Kansas, Mr. H.R. 754: Mrs. LOWEY. TRAFICANT, Mr. PAXON, Mr. BUNNING of Ken- H.R. 778: Mr. FATTAH. DISCHARGE PETITIONS— tucky, Mr. PORTER, Mr. CALLAHAN, Mrs. H.R. 779: Mr. FATTAH. ADDITIONS OR DELETIONS NORTHUP, Mr. COX of California, Mr. H.R. 780: Mr. FATTAH. HASTERT, Mr. HULSHOF, Ms. DUNN of Wash- [Omitted from the Record of September 26, 1997] H.R. 991: Mr. ABERCROMBIE and Mr. DIN- ington, Mr. SOLOMON, Ms. PRYCE of Ohio, Mr. GELL. The following Members added their FRELINGHUYSEN, Mr. FOX of Pennsylvania, H.R. 992: Mr. HOLDEN. names to the following discharge peti- Mr. SNOWBARGER, Mr. BASS, Mr. GRAHAM, Mr. H.R. 1114: Mr. PAXON, Mr. REDMON, Mr. tions: WATTS of Oklahoma, Mr. SHAYS, and Mr. SHAYS, Mr. MCCOLLUM, Mr. PETERSON of Pennsylvania, Mr. DAVIS of Virginia, Mr. Petition 1 by Mr. YATES on House Resolu- WELDON of Pennsylvania. tion 141: Peter A. Fazio, Sam Gejdenson, H.R. 1371: Mr. WELDON of Florida. EHLERS, and Mr. GOODE. H.R. 2503: Mr. POSHARD, Mr. ACKERMAN, Mr. Anna G. Eshoo, Walter H. Capps, Charles B. H.R. 1507: Mr. STARK, Mr. PALLONE, and Rangle. Mr. ROEMER. MARTINEZ, and Mr. DAVIS of Virginia. H.R. 1531: Ms. ROS-LEHTINEN. H.R. 2526: Mr. FROST, Mr. TALENT, Mr. f H.R. 1631: Mr. FRANK of Massachusetts. GOSS, Mr. UNDERWOOD, Mr. MCDERMOTT, and H.R. 1704: Mr. GOODE. Mr. SKEEN. H.R. 1710: Mr. FAWELL, Mr. ADERHOLT, Mr. H.R. 2535: Mr. BALLENGER, Mr. CASTLE, and AMENDMENTS CANNON, Mr. WAMP, and Mr. MATSUI. Mr. WATTS of Oklahoma. H.R. 1711: Mr. COOKSEY, Ms. DANNER, Mr. H.R. 2554: Mr. KENNEDY of Massachusetts. Under clause 6 of rule XXIII, pro- GOODLATTE, Mr. HEFLEY, Mr. MCCRERY, Mr. H.R. 2568: Mr. OXLEY, Mr. PETERSON of posed amendments were submitted as MORAN of Kansas, and Mr. SANDLIN. Minnesota, and Mr. TALENT. follows: H.J. Res. 84: Mr. SHADEGG. H.R. 1842: Mr. YOUNG of Alaska, Mr. H.R. 901 CUNNINGHAM, and Mr. SESSIONS. H. Con. Res. 38: Mr. SHAYS. H.R. 2009: Mr. HOLDEN, Mr. COYNE, Mr. H. Con. Res. 68: Ms. KAPTUR. OFFERED BY: MR. VENTO SAXTON, and Mr. GREENWOOD. H. Con. Res. 80: Mr. WALSH. AMENDMENT NO. 51: Page 10, line 15, Fol- H.R. 2090: Mrs. KENNELLY of Connecticut, H. Con. Res. 114: Ms. STABENOW. lowing the word ‘‘special’’ insert the follow- Mr. FRANK of Massachusetts, Mr. TORRES, H. Con. Res. 158: Mr. BARCIA of Michigan. ing: ‘‘, including commercial,’’ E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, SEPTEMBER 29, 1997 No. 132 Senate The Senate met at 12 noon, and was 11 a.m. on Tuesday, September 30, on However, the Senate will remain in ses- called to order by the President pro the motion to invoke cloture on the sion as is necessary in order for Mem- tempore [Mr. THURMOND]. Coats amendment regarding scholar- bers to fully debate S. 25. Still, we will ships. That amendment is to the Dis- need to talk about exactly how we will PRAYER trict of Columbia appropriations bill, do that to make sure we are not incon- The Chaplain, Dr. Lloyd John which is the last appropriations bill veniencing any Senator that would Ogilvie, offered the following prayer: that we need to pass through the Sen- need to be away for the Jewish holiday God of all nations, Father of every ate for this fiscal year. It is hoped that who would also like to be involved in tribe, color, and tongue of humankind, the Senate will be able to complete ac- that debate. We will work that through You have created us to live at peace tion on the D.C. appropriations bill on as the week goes on. with one another in Your family. You Tuesday, although there are still some Mr. President, I believe now we are have revealed to us Your desire that all amendments that are being negotiated ready for the reporting of S. 25 by the Your children should be free to worship that could require more time, maybe clerk and the modification by Senator You. Here in America, freedom of reli- even another cloture vote. I hope it MCCAIN. gion is a basic fabric of our life. Sadly, will be worked out, though. Also dur- f this freedom is not enjoyed in so many ing Tuesday’s session of the Senate, BIPARTISAN CAMPAIGN REFORM places in our world. We are grieved by the Senate will consider the continuing ACT OF 1997 the shocking accounts of religious per- resolution. As Members are aware, we secution. Prejudice expressed in hos- have been able to make good progress The PRESIDING OFFICER (Mr. tility and then in hatred and violence on the appropriations bills, so it is KYL). Under the previous order, the exists throughout the world. Yester- hoped that the continuing resolution Senate will now resume consideration day, millions joined in an International and the remaining appropriations con- of S. 25 which the clerk will report. Day of Prayer for the Persecuted ference reports can be acted upon in a The assistant legislative clerk read Church. As we think of the needs, pain, timely manner. We don’t know of any as follows: and suffering inflicted on Christians problem with the continuing resolu- A bill (S. 25) to reform the financing of because of their faith, we are reminded tion. We think and we hope that it will Federal elections. of all forms of intolerance over religion be a clean CR, with a limited amount The Senate resumed consideration of in the world. We remember the suffer- of time for debate, although we have the bill. ing of the Jews in this century. Forgive not worked out those details yet. I will Mr. MCCAIN. Mr. President, I would any prejudice in our own hearts and discuss it with the minority leader and like to ask the majority leader a ques- purge from us any vestige of imperious we will advise the Members as to how tion before I send a modification to the judgmentalism of people whose expres- much time would be required there. desk. Maybe I can discuss this with sion of faith in You differs from our With those things in mind, Members him on the floor. own. We pray for tolerance in the can anticipate votes throughout the It is not clear to me as to what his human family. Through our Lord and day on Tuesday. With regard to the plans are for the following week. I un- Saviour. Amen. pending campaign finance reform bill, I derstand tomorrow is taken up with f encourage all Members to come to the conference reports and other business. floor and participate in this important As he said, we would go back on RECOGNITION OF THE MAJORITY debate. We will have time throughout Wednesday to debate S. 25 with the LEADER this week, even though we will, of modification. And then would it be his The PRESIDENT pro tempore. The course, be affected, regarding how intention to begin votes later this able majority leader is recognized. much time we can use toward the end week, or the following week? I know it f of the week on this debate, by the Jew- is a little hard to tell, but I wonder if ish religious holiday. We still need to maybe we should have some discussion SCHEDULE work with those that would be needing off the floor on this issue. Mr. LOTT. Mr. President, today the leave to go to their respective States, Mr. LOTT. Mr. President, if the Sen- Senate will resume consideration of S. as to how we will deal with that on ator will yield so that I may make a 25, the pending campaign finance re- Thursday and Friday. We will work comment on that, I hope, first, that we form bill. that out. will have some time on Tuesday of this As a reminder to all Senators, no As I announced last week, there will week, before or after, during some of votes will occur during today’s session be no votes after 1 p.m. on Wednesday the votes that may be occurring on the of the Senate. The next vote will occur in observance of the Jewish holiday. continuing resolution, as well as the

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

S10103 S10104 CONGRESSIONAL RECORD — SENATE September 29, 1997 appropriations conference reports. I and does not do. This is not a big gov- coordinated expenditures in any man- hope that most of those won’t take a ernment solution. The modified test is ner. Additionally, if hard money— lot of time. We will have some time for just over 50 pages long. money that is recorded and traceable— debate tomorrow. But until we see ex- The defenders of the status quo are is used, then there are no restrictions actly what will be available and how not defending an unbridled, unregu- of any kind on advertising. much time is needed on the CR, we lated bastion of free speech. The Fed- Let me repeat that fact. This bill in won’t know for sure. But we will find eral Election Campaign Act, known as no way restricts any message or any that out, hopefully, today and we will FECA, governs Federal elections today. use of the airwaves. It does however confer with the leadership on both Elections are regulated today. They place limits and controls on expendi- sides of the aisle, as well as the Sen- need to be regulated. We do not want tures if certain kinds of money are ators interested in this bill. corporations, unions, or wealthy indi- used to fund such activity. I had hoped that we could also have viduals to buy and sell elections. This Any independent expenditure made some debate on Wednesday afternoon, is not a country where a royal class to advocate any cause, with the excep- even though we would not have any controls the Government. No one here tion of the express advocacy of a can- votes after 1 o’clock. But we would still wants corporations to give directly to didate’s victory or defeat, is fully al- have debate up until about 4 o’clock, campaigns. The fact is that at certain lowed. To do any thing else would vio- and then Thursday is open. We don’t times and certain places, there is a role late the first amendment. want to, in any way, infringe on the re- for some regulation and restraint in However, the bill does expand the ligious holiday. So we will need to talk order to protect the greater public definition of express advocacy. The that through. We could have some de- good. courts have routinely ruled that the bate on Thursday and, of course, we Title I of the modified bill seeks to Congress may define express advocacy. can, and I assume will, have some de- reduce the influence of special interest In fact, current standards of express bate Friday. We want to talk that money in campaigns by banning the advocacy have been derived from the through to make sure everybody is use of soft money in Federal races. Soft Buckley case itself. As we all know, the Supreme Court comfortable with that. money would be allowed to be contrib- case of Buckley versus Valeo stated My hope is that we could continue uted to State parties in accordance that campaign spending cannot be debate on Monday the 6th and begin with State law. having votes on Tuesday, and the pos- We do, however, seek to differentiate mandatorily capped. This bill is fully consistent with the Buckley decision. I sibility also on Wednesday. But, again, between State and Federal activities. ask unanimous consent that a letter we need to go and get started with de- Soft money contributed to State par- signed by 126 legal scholars expressing bate and see how that is going to stack ties could be used for any and all State support for the constitutionality of up, and we will talk about that. It is a candidate activities. Let me repeat this bill be printed in the RECORD at little bit broken up because of the reli- that statement. Soft money given to this time. gious holiday, but we want to have full the State parties could be used for any time for debate, and we will start votes There being no objection, the mate- State electioneering activities. rial was ordered to be printed in the after that. That was my thinking. If a State allows soft money to be CCAIN. I thank the majority RECORD, as follows: Mr. M used in a gubernatorial race, a State leader. I think that clarifies a great senate race, or the local sheriff’s race, BRENNAN CENTER FOR JUSTICE, deal. I also appreciate his sensitivity to New York, NY, September 22, 1997. it would still be allowed under this bill. those who have to be home at this holi- Senator JOHN MCCAIN, However, if a State party seeks to use day season. I know my colleague from Senator RUSSELL FEINGOLD, soft money to indirectly influence a Wisconsin and other Senators who need U.S. Senate, Washington, DC. Federal race, such activity would be DEAR SENATORS MCCAIN AND FEINGOLD: We to be involved in this issue. I want to banned 120 days prior to the general are academics who have studied and written thank the majority leader for what election. Using such funds to finance about the First Amendment to the United seems to me to be a generous amount voter registration activities would be States Constitution. We submit this letter to of time for debate and discussion of respond to a series of recent public chal- allowed except during the 120 days this issue. lenges to two components of S. 25, the Mr. President, in just a few moments, prior to the election. McCain-Feingold bill. Critics have argued I will lay before the Senate the modi- Voter registration efforts are very that it is unconstitutional to close the so- fied version of the McCain-Feingold important. I know my colleagues rec- called ‘‘soft money loophole’’ by placing re- campaign finance reform bill. After I ognize that fact. We want individuals strictions on the source and amount of cam- do so, the leader will be recognized to to register and then to vote. This bill paign contributions to political parties. Crit- recognizes that fact and allows parties ics have also argued that it is unconstitu- offer an amendment to the bill. There- tional to offer candidates benefits, such as fore, I wanted to take a few minutes to engage in voter registration activities. Additionally, State parties would reduced broadcasting rates, in return for before that action occurs to speak their commitment to cap campaign spend- briefly to the modification. be allowed, within limits, to engage in ing. We are deeply committed to the prin- First, I want to thank my cosponsors generic party advertising. These activi- ciples underlying the First Amendment and and allies in this fight. Senator THOMP- ties help build the party and encourage believe strongly in preserving free speech SON and Senator COLLINS have played people to vote. and association in our society, especially in crucial roles as we moved forward on To make up for the loss of soft the realm of politics. We are not all of the this matter. Their steadfast support, money, the modified bill doubles the same mind on how best to address the problems of money and politics; indeed, we do not advice, and friendship is greatly appre- limit that individuals can give to State parties in hard money. Consequently, all agree on the constitutionality of various ciated. provisions of the McCain-Feingold bill itself. But more than anybody, I want to the aggregate contribution limit for Nor are we endorsing every aspect of the thank my friend from the other side of hard money that individuals could do- bill’s soft money and voluntary spending the aisle, the Senator from Wisconsin, nate to political races would rise to limits provisions. We all agree, however, RUSS FEINGOLD. I do not believe that $30,000. that the current debate on the merits of when he and I first sat down and began Title II of the modified bill seeks to campaign finance reform is being side- a discussion on this matter that we limit the role of independent expendi- tracked by the argument that the Constitu- would be where are today—engaged in tures in political campaigns. tion stands in the way of a ban on unlimited a historic battle to reform the elec- Mr. President, I think we ought to contributions to political parties and a vol- pay attention to this part of it because, untary spending limits scheme based on of- toral system of this great Nation. My fering inducements such as reduced media friend, as he is indeed my friend, has over the weekend, it seems to be the time. attack point for various pundits and been steadfast in his commitment and I. LIMITS ON ENORMOUS CAMPAIGN CONTRIBU- his belief in this cause and I want to those throughout the Nation, most of TIONS TO POLITICAL PARTIES FROM CORPORA- state for the RECORD that I am grateful whom by the way have not seen the TIONS, LABOR UNIONS, AND WEALTHY CON- he is my ally in this fight. bill. TRIBUTORS ARE CONSTITUTIONAL Mr. President, I want to briefly high- The bill in no way bans, curbs, or To prevent corruption and the appearance light again what the modified bill does seeks to control real, independent, non- of corruption, federal law imposes limits on September 29, 1997 CONGRESSIONAL RECORD — SENATE S10105 the source and amount of money that can be tions have a right to use their general treas- of the campaign subsidies to Presidential given to candidates and political parties ‘‘in ury funds to influence elections. See, e.g., candidates in return for a promise to limit connection with’’ federal elections. The Austin v. Michigan Chamber of Commerce, campaign spending. At the time, the subsidy money raised under these strictures is com- 494 U.S. 652 (1990). Under Buckley and its to Presidential nominees was $20 million, in monly referred to as ‘‘hard money.’’ Since progeny, Congress clearly possesses power to return for which Presidential candidates 1907, federal law has prohibited corporations close the soft money loophole by restricting agreed to cap expenditures at that amount from making hard money contributions to the source and size of contributions to politi- and raise no private funds at all. The subsidy candidates or political parties. See 2 U.S.C. cal parties, just as it does for contributions is now worth over $60 million and no Presi- § 441b(a) (current codification). In 1947, that to candidates, for use in connection with fed- dential nominee of a major party has ever ban was extended to prohibit union contribu- eral elections. turned down the subsidy. tions as well. Id. Individuals, too, are subject Moreover, Congress has the power to regu- In effect, the critics argue that virtually to restrictions in their giving of money to late the source of the money used for expend- any inducement offered to a candidate to influence federal elections. The Federal Elec- itures by state and local parties during fed- persuade her to limit campaign spending is tion Campaign Act (‘‘FECA’’) limits an indi- eral election years when such expenditures unconstitutional as a form of indirect ‘‘coer- vidual’s contributions to (1) $1,000 per elec- are used to influence federal elections. The cion.’’ But the Buckley Court clearly distin- tion to a federal candidate; (2) $20,000 per power of Congress to regulate federal elec- guished between inducements designed to year to national political party committees; tions to prevent fraud and corruption in- elicit a voluntary decision to limit spending and (3) $5,000 per year to any other political cludes the power to regulate conduct which, and coercive mandates that impose involun- committee, such as a PAC or a state politi- although directed at state or local elections, tary spending ceilings. If giving a Presi- cal party committee. 2 U.S.C. § 441a(a)(1). In- also has an impact on federal races. During dential candidate a $60 million subsidy is a dividuals are also subject to a $25,000 annual a federal election year, a state or local polit- constitutional inducement, surely providing limit on the total of all such contributions. ical party’s voter registration or get-out-the- free television time and reduced postal rates Id. § 441a(a)(3). vote drive will have an effect on federal elec- falls into the same category of acceptable in- The soft money loophole was created not tions. Accordingly, Congress may require ducement. The lesson from Buckley is that by Congress, but by a Federal Election Com- that during a federal election year state and merely because a deal is too good to pass up mission (‘‘FEC’’) ruling in 1978 that opened a local parties’ expenditures for such activities does not render it unconstitutionally ‘‘coer- seemingly modest door to allow non-regu- be made from funds raised in compliance cive.’’ lated contributions to political parties, so with FECA so as not to undermine the limits Respectfully submitted, long as the money was used for grassroots therein. RONALD DWORKIN, campaign activity, such as registering voters Any suggestion that the recent Supreme Professor of Jurispru- and get-out-the-vote efforts. These unregu- Court decision in Colorado Republican Fed- dence and Fellow of lated contributions are known as ‘‘soft eral Campaign Committee v. FEC, 116 S. Ct. University College at money’’ to distinguish them from the hard 2309 (1996), casts doubt on the constitutional- Oxford University; money raised under FECA’s strict limits. In ity of a soft money ban is flatly wrong. Colo- Frank H. Sommer the years since the FEC’s ruling, this modest rado Republican did not address the con- Professor of Law, opening has turned into an enormous loop- stitutionality of banning soft money con- New York University hole that threatens the integrity of the regu- tributions, but rather the expenditures by School of Law. latory system. In the last presidential elec- political parties of hard money, that is, BURT NEUBORNE, tions, soft money contributions soared to the money raised in accordance with FECA’s John Norton Pomeroy unprecedented figure of $263 million. It was limits. Indeed, the Court noted that it Professor of Law, not merely the total amount of soft money ‘‘could understand how Congress, were it to Legal Director, contributions that was unprecedented, but conclude that the potential for evasion of Brennan Center for the size of the contributions as well, with do- the individual contribution limits was a seri- Justice, New York nors being asked to give amounts $100,000, ous matter, might decide to change the stat- University School of $250,000 or more to gain preferred access to ute’s limitations on contributions to politi- Law. federal officials. Moreover, the soft money cal parties.’’ Id. at 2316. Mr. MCCAIN. What the modified bill raised is, for the most part, not being spent In fact, the most relevant Supreme Court seeks to do is establish a so-called to bolster party grassroots organizing. Rath- decision is not Colorado Republican, but bright line test 60 days out from an er, the funds are often solicited by federal Austin v. Michigan Chamber of Commerce, election. Any independent expenditures in which the Supreme Court held that cor- candidates and used for media advertising that fall within that 60-day window clearly intended to influence federal elec- porations can be walled off from the electoral process by forbidding both contribu- could not use a candidate’s name or his tions. In sum, soft money has become an end or her likeness. During this 60-day pe- run around the campaign contribution lim- tions and independent expenditures from its, creating a corrupt system in which general corporate treasuries. 494 U.S. at 657– riod, ads could run that advocate any monied interests appear to buy access to, 61. Surely, the law cannot be that Congress number of issues. Pro-life ads, pro- and inappropriate influence with, elected of- has the power to prevent corporations from choice ads, antilabor ads, prowilderness ficials. giving money directly to a candidate, or ads, pro-Republican party or Demo- The McCain-Feingold bill would ban soft from expending money on behalf of a can- cratic party ads—all could be aired money contributions to national political didate, but lacks the power to prevent them without restriction. However, ads men- parties, by requiring that all contributions from pouring unlimited funds into a can- tioning candidates themselves could didate’s political party in order to buy pre- to national parties be subject to FECA’s not be aired. hard money restrictions. The bill also would ferred access to him after the election. Accordingly, closing the loophole for soft This accomplishes much. First, if bar federal officeholders and candidates for soft money is banned to the political such offices from soliciting, receiving, or money contributions is in line with the long- spending soft money and would prohibit standing and constitutional ban on corporate parties, such money will inevitably state and local political parties from spend- and union contributions in federal elections flow to independent campaign organi- ing soft money during a federal election year and with limits on the size of individuals’ zations. These groups often run ads for any activity that might affect a federal contributions to amounts that are not cor- that the candidates themselves dis- election (with exceptions for specified activi- rupting. approve of. Further, these ads are alties that are less likely to impact on federal II. EFFORTS TO PERSUADE CANDIDATES TO LIMIT most always negative attack ads and elections). CAMPAIGN SPENDING VOLUNTARILY BY PRO- do little to further beneficial debate We believe that such restrictions are con- VIDING THEM WITH INDUCEMENTS LIKE FREE and a healthy political dialog. To be stitutional. The soft money loophole has TELEVISION TIME ARE CONSTITUTIONAL honest, they simply drive up an indi- raised the specter of corruption stemming The McCain-Feingold bill would also invite from large contributions (and those from candidates to limit campaign spending in re- vidual candidate’s negative polling prohibited sources) that led Congress to turn for free broadcast time and reduced numbers and increase public cynicism enact the federal contribution limits in the broadcast and mailing rates. In Buckley, the for public service in general. first place. In Buckley v. Valeo, the Supreme Court explicitly declared that ‘‘Congress . .. The modified bill explicitly protects Court held that the government has a com- may condition acceptance of public funds on voter guides. I believe this is a very im- pelling interest in combating the appearance an agreement by the candidate to abide by portant point. Some have unfairly and reality of corruption, an interest that specified expenditure limitations.’’ 424 U.S. criticized the original bill because they justifies restricting large campaign con- at 56 n.65. The Court explained: ‘‘Just as a thought it banned or prohibited the tributions in federal elections. 424 U.S. 1, 23– candidate may voluntarily limit the size of publication and distribution of voter 29 (1976). Significantly, the Court upheld the the contributions he chooses to accept, he $25,000 annual limit on an individual’s total may decide to forgo private fundraising and guides and voting records. While I dis- contributions in connection with federal accept public funding.’’ Id. agree with those individual’s conclu- elections. Id. at 26–29, 38. In later cases, the That was exactly the Buckley Court’s ap- sions, the sponsors of the modified bill Court rejected the argument that corpora- proach when it upheld the constitutionality sought to clarify this matter. S10106 CONGRESSIONAL RECORD — SENATE September 29, 1997 Let me state that voter guides are tion information of the donors, et the words of my friend from Kentucky completely protected in the modified cetera. The bill also mandates random from an op-ed piece he wrote for the bill. Any statements to the contrary audits of campaigns. Such audits would Washington Post in 1993. My friend, are simply not true. only occur after an affirmative vote of Senator MCCONNELL from Kentucky, Some of my colleagues have voiced at least four of the six members of the said: concern about the 60-day bright line FEC. This will prevent the use of au- ‘‘The truth is that Republicans sup- test as being arbitrary. They have dits as a purely partisan attack. port a ban on all soft money,’’ Senator noted that different standards would Title IV seeks to encourage individ- MCCONNELL wrote, ‘‘regardless of exist prior to 60 days out. They are uals to limit the amount of personal whether it benefits Republicans or right. But what is their point. Election money they spend on their own cam- Democrats.’’ law is riddled with deadlines and time paigns. If an individual voluntarily Let me repeat that. frames. When a candidate runs for of- elects to limit the amount of money he ‘‘The truth is that Republicans sup- fice, he or she must file papers by a or she spends in his or her race to port a ban on all soft money,’’ Senator certain date. In order to appear on the $50,000, then the national parties are MCCONNELL wrote, ‘‘regardless of ballot, certain deadlines must be met, able to use funds known as ‘‘coordi- whether it benefits Republicans or certain events must occur. What is nated expenditures’’ to aid such can- Democrats.’’ their point. Would they advocate abol- didates. If candidates refuse to limit The Senator went on to identify him- ishing all time frames and just let elec- their own personal spending, the par- self and the Republican Party with the tions occur as spontaneous events? I ties are prohibited from contributing advocates of reform: don’t think so. coordinated funds to the candidate. Truly campaign finance reform is needed— I hope that we will not allow our at- This serves to limit the advantage truly campaign finance reform is tention to be distracted from the real that wealthy candidates enjoy and needed— issues at hand—how to raise the tenor strengthens the party system by en- but it should not have to cost the taxpayers, of the debate in our elections and give couraging candidates to work more and it does not have to include spending lim- people real choices. No one benefits closely with the parties. its. If we are going to pass a meaningful bi- from negative ads. They don’t aid our Lastly, the bill codifies the Beck de- partisan campaign finance bill, we must drop Nation’s political dialog. Again, if cision, which states that nonunion em- the roadblocks to reform: taxpayers financ- someone chooses to run negative ads, ployees in a closed-shop union working and spending limits. this bill will not restrict their right to place who are required to contribute Mr. President, I say to my friend do so. But we should not just throw up funds to the union can request and en- from Kentucky that, as a sign of our our hands and say, ‘‘Who cares?’’ We sure that his or her money not be used good faith, the sponsors of this bill should seek, within the protections of for political purposes. have listened to his objections, and we the Constitution, to encourage a I personally support stronger lan- have dropped the provisions which he healthy political debate. guage. I believe no individual should be once criticized as roadblocks. More- I believe that in 1994 it was not bet- forced to contribute to political activi- over, we share Senator MCCONNELL’s ter funding and more money that gave ties. However, I recognize stronger lan- view that soft money must be banned. Republicans victory; it was better and guage would invite a filibuster of this I would say that we are very close to more ideas. If money was the key to bill and would doom its final passage. the proposed reforms that Senator Republican victory, why then did it Mr. President, what I have outlined MCCONNELL proposed in 1993. We pled take so long? is a basic summary of our modification with our colleagues not to use the I am very serious about this point. to the original bill. amendment process only to kill the Some have stated that money helps I have heard many colleagues say prospects for real reform by offering equalize the Republican Party’s ability that they could not support S. 25, the amendments intended to be, as Senator to win elections due to the liberal original McCain-Feingold bill, for a MCCONNELL put it, ‘‘roadblocks’’ to re- press. If that is true, then why didn’t it wide variety of reasons. Some oppose form. work? Since 1974, when we last re- spending limits. Others oppose free or If Senator MCCONNELL is as sincere in formed the campaign finance system, reduced rate broadcast time. Yet oth- proposing reforms as he was a few throughout the 1970’s and 1980’s and ers could not live with postal subsidies years ago—which I do not doubt—work 1990’s, Republicans routinely have to candidates, and others complain with us to resolve our very few remain- outraised and outspent Democrats. that nothing was being done about ing differences and help us reach our Yet, with the exception of 1980 to 1986 labor. common goal of genuine campaign fi- in the Senate, we did not control the Again, as I stated in the opening de- nance reform. Congress. I would argue that the 6 bate on Friday, I hope all of my col- MODIFICATION TO S. 25 years in which we controlled the Sen- leagues who made such statements will Mr. MCCAIN. Mr. President, I send ate during the 1980’s was due to the take a new and openminded look at the modification to the desk. strength and leadership of Ronald this bill. Gone are spending limits. The PRESIDING OFFICER. The bill Reagan; not our ability to spend. Gone is free broadcast time. Gone are is so modified. When we took over the Congress in reduced rate TV time and postal sub- The modification is as follows: 1994—and I say this not to agitate my sidies. We have sought to address the Strike all after the enacting clause and in- Democrat colleagues—it was not due to problem of undue influence being exer- sert the following: money. It was due to our superior cised by the labor unions. All of the ex- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ideas. It was due to the Contract With cuses of the past are gone. (a) SHORT TITLE.—This Act may be cited as America. It was due to a fundamental Mr. President, let me close again by the ‘‘Bipartisan Campaign Reform Act of change in the views of the American emphasizing that the sponsors of this 1997’’. legislation have but one purpose—to (b) TABLE OF CONTENTS.—The table of con- electorate. It was not due to a spate of tents of this Act is as follows: negative campaign advertising. enact a fair, bipartisan campaign re- Sec. 1. Short title; table of contents. Title III of the modified bill man- form that seeks no advantage for one dates greater disclosure. Our bill man- party or the other but only seeks to TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE dates that all FEC filings documenting find common ground upon which we campaign receipts and expenditures be can all agree to pass the best, most bal- Sec. 101. Soft money of political parties. Sec. 102. Increased contribution limits for made electronically and that they then anced, and most important reform we State committees of political be made accessible to the public on the have ever had. parties and aggregate contribu- Internet not later than 24 hours after All we ask of our colleagues is that tion limit for individuals. the information is received by the Fed- they approach this debate with the Sec. 103. Reporting requirements. eral Election Commission. same purpose in mind. TITLE II—INDEPENDENT AND Additionally, current law allows for To those who accuse the opponents of COORDINATED EXPENDITURES campaigns to make a ‘‘best effort’’ to this bill of being unyielding in their op- Sec. 201. Definitions. obtain the name, address, and occupa- position to any reform, let me recite Sec. 202. Civil penalty. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10107 Sec. 203. Reporting requirements for certain trolled by a State, district, or local commit- not solicit any funds for, or make or direct independent expenditures. tee of a political party and an officer or any donations to, an organization that is de- Sec. 204. Independent versus coordinated ex- agent acting on behalf of such committee or scribed in section 501(c) of the Internal Reve- penditures by party. entity) for Federal election activity shall be nue Code of 1986 and exempt from taxation Sec. 205. Coordination with candidates. made from funds subject to the limitations, under section 501(a) of such Code (or has sub- TITLE III—DISCLOSURE prohibitions, and reporting requirements of mitted an application to the Secretary of the this Act. Internal Revenue Service for determination Sec. 301. Filing of reports using computers ‘‘(2) FEDERAL ELECTION ACTIVITY.— of tax-exemption under such section). and facsimile machines; filing ‘‘(A) IN GENERAL.—The term ‘Federal elec- ‘‘(e) CANDIDATES.— by Senate candidates with tion activity’ means— ‘‘(1) IN GENERAL.—A candidate, individual Commission. ‘‘(i) voter registration activity during the holding Federal office, or agent of a can- Sec. 302. Prohibition of deposit of contribu- period that begins on the date that is 120 didate or individual holding Federal office tions with incomplete contribu- days before the date a regularly scheduled shall not solicit, receive, direct, transfer, or tor information. Federal election is held and ends on the date spend funds for a Federal election activity Sec. 303. Audits. of the election; on behalf of such candidate individual, agent Sec. 304. Reporting requirements for con- ‘‘(ii) voter identification, get-out-the-vote or any other person unless the funds are sub- tributions of $50 or more. activity, or generic campaign activity con- ject to the limitations, prohibitions, and re- Sec. 305. Use of candidates’ names. ducted in connection with an election in porting requirements of this Act. Sec. 306. Prohibition of false representation which a candidate for Federal office appears ‘‘(A) STATE LAW.—Paragraph (1) does not to solicit contributions. on the ballot (regardless of whether a can- apply to the solicitation or receipt of funds Sec. 307. Soft money of persons other than didate for State or local office also appears by an individual who is a candidate for a political parties. on the ballot); and State or local office if the solicitation or re- Sec. 308. Campaign advertising. ‘‘(iii) a communication that refers to a ceipt of funds is permitted under State law TITLE IV—PERSONAL WEALTH OPTION clearly identified candidate for Federal of- for any activity other than a Fedral election Sec. 401. Voluntary personal funds expendi- fice (regardless of whether a candidate for activity. ture limit. State or local office is also mentioned or ‘‘(B) FUNDRAISING EVENTS.—Paragraph (1) Sec. 402. Political party committee coordi- identified) and is made for the purpose of in- does not apply in the case of a candidate who nated expenditures. fluencing a Federal election (regardless of attends, speaks, or is a featured guest at a TITLE V—MISCELLANEOUS whether the communication is express advo- fundraising event sponsored by a State, dis- cacy). trict, or local committee of a political Sec. 501. Codification of Beck decision. ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- party.’’. Sec. 502. Use of contributed amounts for cer- eral election activity’ does not include an SEC. 102. INCREASED CONTRIBUTION LIMITS FOR tain purposes. amount expended or disbursed by a State, STATE COMMITTEES OF POLITICAL Sec. 503. Limit on congressional use of the district, or local committee of a political PARTIES AND AGGREGATE CON- franking privilege. TRIBUTION LIMIT FOR INDIVIDUALS. party for— Sec. 504. Prohibition of fundraising on Fed- (a) CONTRIBUTION LIMIT FOR STATE COMMIT- ‘‘(i) campaign activity conducted solely on eral property. TEES OF POLITICAL PARTIES.—Section behalf of a clearly identified candidate for Sec. 505. Penalties for knowing and willful 315(a)(1) of the Federal Election Campaign State or local office, provided the campaign violations. Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— activity is not a Federal election activity de- Sec. 506. Strengthening foreign money ban. (1) in subparagraph (B), by striking ‘‘or’’ at scribed in subparagraph (A); Sec. 507. Prohibition of contributions by mi- the end; ‘‘(ii) a contribution to a candidate for nors. (2) in subparagraph (C)— Sec. 508. Expedited procedures. State or local office, provided the contribu- (A) by inserting ‘‘(other than a committee Sec. 509. Initiation of enforcement proceed- tion is not designated or used to pay for a described in subparagraph (D))’’ after ‘‘coming. Federal election activity described in sub- mittee’’; and paragraph (A); TITLE VI—SEVERABILITY; CONSTITU- (B) by striking the period at the end and ‘‘(iii) the costs of a State, district, or local inserting ‘‘; or’’; and TIONALITY; EFFECTIVE DATE; REGU- political convention; LATIONS (3) by adding at the end the following: ‘‘(iv) the costs of grassroots campaign ma- ‘‘(D) to a political committee established Sec. 601. Severability. terials, including buttons, bumper stickers, and maintained by a State committee of a Sec. 602. Review of constitutional issues. and yard signs that name or depict only a political party in any calendar year that, in Sec. 603. Effective date. candidate for State or local office; the aggregate, exceed $10,000’’. Sec. 604. Regulations. ‘‘(v) the non-Federal share of a State, dis- (b) AGGREGATE CONTRIBUTION LIMIT FOR IN- TITLE I—REDUCTION OF SPECIALtrict, or local party committee’s administra- DIVIDUAL.—Section 315(a)(3) of the Federal INTEREST INFLUENCE tive and overhead expenses (but not includ- Election Campaign Act of 1971 (2 U.S.C. SEC. 101. SOFT MONEY OF POLITICAL PARTIES. ing the compensation in any month of an in- 441a(a)(3)) is amended by striking ‘‘$25,000’’ Title III of the Federal Election Campaign dividual who spends more than 20 percent of and inserting ‘‘$30,000’’. Act of 1971 (2 U.S.C. 431 et seq.) is amended the individual’s time on Federal election ac- SEC. 103. REPORTING REQUIREMENTS. by adding at the end the following: tivity) as determined by a regulation pro- (a) REPORTING REQUIREMENTS.—Section 304 mulgated by the Commission to determine of the Federal Election Campaign Act of 1971 ‘‘SEC. 324. SOFT MONEY OF POLITICAL PARTIES. the non-Federal share of a State, district, or (2 U.S.C. 434) (as amended by section 203) is ‘‘(a) NATIONAL COMMITTEES.— local party committee’s administrative and amended by adding at the end the following: ‘‘(1) IN GENERAL.—A national committee of overhead expenses; and ‘‘(e) POLITICAL COMMITTEES.— a political party (including a national con- ‘‘(vi) the cost of constructing or purchas- ‘‘(1) NATIONAL AND CONGRESSIONAL POLITI- gressional campaign committee of a political ing an office facility or equipment for a CAL COMMITTEES.—The national committee of party) and any officers or agents of such State, District or local committee. a political party, any national congressional party committees, shall not solicit, receive, ‘‘(c) FUNDRAISING COSTS.—An amount spent campaign committee of a political party, or direct to another person a contribution, by a national, State, district, or local com- and any subordinate committee of either, donation, or transfer of funds, or spend any mittee of a political party, by an entity that shall report all receipts and disbursements funds, that are not subject to the limita- is established, financed, maintained, or con- during the reporting period. tions, prohibitions, and reporting require- trolled by a national, State, district, or local ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH ments of this Act. committee of a political party, or by an SECTION 324 APPLIES.—A political committee ‘‘(2) APPLICABILITY.—This subsection shall agent or officer of any such committee or en- (not described in paragraph (1)) to which sec- apply to an entity that is directly or indi- tity, to raise funds that are used, in whole or tion 324(b)(1) applies shall report all receipts rectly established, financed, maintained, or in part, to pay the costs of a Federal election and disbursements made for activities de- controlled by a national committee of a po- activity shall be made from funds subject to scribed in paragraphs (2) and (3)(A)(v) of sec- litical party (including a national congres- the limitations, prohibitions, and reporting tion 324(b). sional campaign committee of a political requirements of this Act. ‘‘(3) ITEMIZATION.—If a political committee party), or an entity acting on behalf of a na- ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- has receipts or disbursements to which this tional committee, and an officer or agent tional, State, district, or local committee of subsection applies from any person aggregat- acting on behalf of any such committee or a political party (including a national con- ing in excess of $200 for any calendar year, entity. gressional campaign committee of a political the political committee shall separately ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- party, an entity that is directly or indirectly itemize its reporting for such person in the TEES.— established, financed, maintained, or con- same manner as required in paragraphs ‘‘(1) IN GENERAL.—An amount that is ex- trolled by any such national, State, district, (3)(A), (5), and (6) of subsection (b). pended or disbursed by a State, district, or or local committee or its agent, an agent ‘‘(4) REPORTING PERIODS.—Reports required local committee of a political party (includ- acting on behalf of any such party commit- to be filed under this subsection shall be ing an entity that is directly or indirectly tee, and an officer or agent acting on behalf filed for the same time periods required for established, financed, maintained, or con- of any such party committee or entity), shall political committees under subsection (a).’’. S10108 CONGRESSIONAL RECORD — SENATE September 29, 1997

(b) BUILDING FUND EXCEPTION TO THE DEFI- (3) by adding at the end the following: aggregating an additional $10,000 with re- NITION OF CONTRIBUTION.—Section 301(8)(B) of ‘‘(iii) a payment for a communication that spect to the same election as that to which the Federal Election Campaign Act of 1971 (2 is express advocacy; and the initial report relates. U.S.C. 431(8)(B)) is amended— ‘‘(iv) a payment made by a person for a ‘‘(3) PLACE OF FILING; CONTENTS.—A report (1) by striking clause (viii); and communication that— under this subsection— (2) by redesignating clauses (ix) through ‘‘(I) refers to a clearly identified candidate; ‘‘(A) shall be filed with the Commission; (xiv) as clauses (viii) through (xiii), respec- ‘‘(II) is provided in coordination with the and tively. candidate, the candidate’s agent, or the po- ‘‘(B) shall contain the information required TITLE II—INDEPENDENT AND litical party of the candidate; and by subsection (b)(6)(B)(iii), including the COORDINATED EXPENDITURES ‘‘(III) is for the purpose of influencing a name of each candidate whom an expendi- SEC. 201. DEFINITIONS. Federal election (regardless of whether the ture is intended to support or oppose.’’. (a) DEFINITION OF INDEPENDENT EXPENDI- communication is express advocacy).’’ SEC. 204. INDEPENDENT VERSUS COORDINATED TURE.—Section 301 of the Federal Election SEC. 202. CIVIL PENALTY. EXPENDITURES BY PARTY. Campaign Act (2 U.S.C. 431) is amended by Section 309 of the Federal Election Cam- Section 315(d) of the Federal Election Cam- striking paragraph (17) and inserting the fol- paign Act of 1971 (2 U.S.C. 437g) is amended— paign Act (2 U.S.C. 441a(d)) is amended— lowing: (1) in subsection (a)— (1) in paragraph (1), by striking ‘‘and (3)’’ ‘‘(17) INDEPENDENT EXPENDITURE.— (A) in paragraph (4)(A)— and inserting ‘‘, (3), and (4)’’; and ‘‘(A) IN GENERAL.—The term ‘independent (i) in clause (i), by striking ‘‘clause (ii)’’ (2) by adding at the end the following: expenditure’ means an expenditure by a per- and inserting ‘‘clauses (ii) and (iii)’’; and ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- son— (ii) by adding at the end the following: PENDITURES BY PARTY.— ‘‘(i) for a communication that is express ‘‘(iii) If the Commission determines by an ‘‘(A) IN GENERAL.—On or after the date on advocacy; and affirmative vote of 4 of its members that which a political party nominates a can- ‘‘(ii) that is not provided in coordination there is probable cause to believe that a per- didate, a committee of the political party with a candidate or a candidate’s agent or a son has made a knowing and willful violation shall not make both expenditures under this person who is coordinating with a candidate of section 304(c), the Commission shall not subsection and independent expenditures (as or a candidate’s agent.’’. enter into a conciliation agreement under defined in section 301(17)) with respect to the (b) DEFINITION OF EXPRESS ADVOCACY.— this paragraph and may institute a civil ac- candidate during the election cycle. Section 301 of the Federal Election Cam- tion for relief under paragraph (6)(A).’’; and ‘‘(B) CERTIFICATION.—Before making a co- paign Act of 1971 (2 U.S.C. 431) is amended by (B) in paragraph (6)(B), by inserting ‘‘(ex- ordinated expenditure under this subsection adding at the end the following: cept an action instituted in connection with with respect to a candidate, a committee of ‘‘(20) EXPRESS ADVOCACY.— a knowing and willful violation of section a political party shall file with the Commis- ‘‘(A) IN GENERAL.—The term ‘express advo- 304(c))’’ after ‘‘subparagraph (A)’’; and sion a certification, signed by the treasurer cacy’ means a communication that advo- (2) in subsection (d)(1)— of the committee, that the committee has cates the election or defeat of a candidate (A) in subparagraph (A), by striking ‘‘Any not and shall not make any independent ex- by— person’’ and inserting ‘‘Except as provided in penditure with respect to the candidate dur- ‘‘(i) containing a phrase such as ‘vote for’, subparagraph (D), any person’’; and ing the same election cycle. ‘re-elect’, ‘support’, ‘cast your ballot for’, (B) by adding at the end the following: ‘‘(C) APPLICATION.—For the purposes of ‘(name of candidate) for Congress’, ‘(name of ‘‘(D) In the case of a knowing and willful this paragraph, all political committees es- candidate) in 1997’, ‘vote against’, ‘defeat’, violation of section 304(c) that involves the tablished and maintained by a national po- ‘reject’, or a campaign slogan or words that reporting of an independent expenditure, the litical party (including all congressional in context can have no reasonable meaning violation shall not be subject to this sub- campaign committees) and all political com- other than to advocate the election or defeat section.’’. mittees established and maintained by a of 1 or more clearly identified candidates; State political party (including any subordi- ‘‘(ii) referring to 1 or more clearly identi- SEC. 203. REPORTING REQUIREMENTS FOR CER- nate committee of a State committee) shall fied candidates in a paid advertisement that TAIN INDEPENDENT EXPENDITURES. be considered to be a single political com- is broadcast by a radio broadcast station or Section 304(c) of the Federal Election Cam- mittee. a television broadcast station within 60 cal- paign Act of 1971 (2 U.S.C. 434(c)) is amend- ‘‘(D) TRANSFERS.—A committee of a politi- endar days preceding the date of an election ed— cal party that submits a certification under of the candidate and that appears in the (1) in paragraph (2), by striking the undes- subparagraph (B) with respect to a candidate State in which the election is occurring, ex- ignated matter after subparagraph (C); shall not, during an election cycle, transfer cept that with respect to a candidate for the (2) by redesignating paragraph (3) as para- any funds to, assign authority to make co- office of Vice President or President, the graph (7); and ordinated expenditures under this subsection time period is within 60 calendar days pre- (3) by inserting after paragraph (2) (as to, or receive a transfer of funds from, a ceding the date of a general election; or amended by paragraph (1)) the following: ‘‘(iii) expressing unmistakable and unam- ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- committee of the political party that has biguous support for or opposition to 1 or ITURES.— made or intends to make an independent ex- more clearly identified candidates when ‘‘(1) EXPENDITURES AGGREGATING $1,000.— penditure with respect to the candidate.’’. taken as a whole and with limited reference ‘‘(A) INITIAL REPORT.—A person (including SEC. 205. COORDINATION WITH CANDIDATES. to external events, such as proximity to an a political committee) that makes or con- (a) DEFINITION OF COORDINATION WITH CAN- election. tracts to make independent expenditures ag- DIDATES.— ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- gregating $1,000 or more after the 20th day, (1) SECTION 301(8).—Section 301(8) of the Fed- CEPTION.—The term ‘express advocacy’ does but more than 24 hours, before the date of an eral Election Campaign Act of 1971 (2 U.S.C. not include a printed communication that— election shall file a report describing the ex- 431(8)) is amended— ‘‘(i) presents information in an educational penditures within 24 hours after that amount (A) in subparagraph (A)— manner solely about the voting record or po- of independent expenditures has been made. (i) by striking ‘‘or’’ at the end of clause (i); sition on a campaign issue of 2 or more can- ‘‘(B) ADDITIONAL REPORTS.—After a person (ii) by striking the period at the end of didates; files a report under subparagraph (A), the clause (ii) and inserting ‘‘; or’’; and ‘‘(ii) that is not made in coordination with person shall file an additional report within (iii) by adding at the end the following: a candidate, political party, or agent of the 24 hours after each time the person makes or ‘‘(iii) anything of value provided by a per- candidate or party; or a candidate’s agent or contracts to make independent expenditures son in coordination with a candidate for the a person who is coordinating with a can- aggregating an additional $1,000 with respect purpose of influencing a Federal election, re- didate or a candidate’s agent; to the same election as that to which the ini- gardless of whether the value being provided ‘‘(iii) does not contain a phrase such as tial report relates. is a communication that is express advocacy, ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- ‘‘(2) EXPENDITURES AGGREGATING $10,000.— in which such candidate seeks nomination or lot for’, ‘(name of candidate) for Congress’, ‘‘(A) INITIAL REPORT.—A person (including election to Federal office.’’; and ‘(name of candidate) in 1997’, ‘vote against’, a political committee) that makes or con- (B) by adding at the end the following: ‘defeat’, or ‘reject’, or a campaign slogan or tracts to make independent expenditures ag- ‘‘(C) The term ‘provided in coordination words that in context can have no reasonable gregating $10,000 or more at any time up to with a candidate’ includes— meaning other than to urge the election or and including the 20th day before the date of ‘‘(i) a payment made by a person in co- defeat of 1 or more clearly identified can- an election shall file a report describing the operation, consultation, or concert with, at didates.’’. expenditures within 48 hours after that the request or suggestion of, or pursuant to (c) DEFINITION OF EXPENDITURE.—Section amount of independent expenditures has any general or particular understanding with 301(9)(A) of the Federal Election Campaign been made. a candidate, the candidate’s authorized com- Act of 1971 (2 U.S.C. 431(9)(A)) is amended— ‘‘(B) ADDITIONAL REPORTS.—After a person mittee, or an agent acting on behalf of a can- (1) in clause (i), by striking ‘‘and’’ at the files a report under subparagraph (A), the didate or authorized committee; end; person shall file an additional report within ‘‘(ii) a payment made by a person for the (2) in clause (ii), by striking the period at 48 hours after each time the person makes or production, dissemination, distribution, or the end and inserting ‘‘; and’’; and contracts to make independent expenditures republication, in whole or in part, of any September 29, 1997 CONGRESSIONAL RECORD — SENATE S10109 broadcast or any written, graphic, or other ‘‘(B) a thing of value provided in coordina- this section with respect to the contributor form of campaign material prepared by a tion with a candidate, as described in section is complete.’’. candidate, a candidate’s authorized commit- 301(8)(A)(iii), shall be considered to be a con- SEC. 303. AUDITS. tee, or an agent of a candidate or authorized tribution to the candidate, and in the case of (a) RANDOM AUDITS.—Section 311(b) of the committee (not including a communication a limitation on expenditures, shall be treat- Federal Election Campaign Act of 1971 (2 described in paragraph (9)(B)(i) or a commu- ed as an expenditure by the candidate. U.S.C. 438(b)) is amended— nication that expressly advocates the can- (b) MEANING OF CONTRIBUTION OR EXPENDI- (1) by inserting ‘‘(1) IN GENERAL.—’’ before didate’s defeat); TURE FOR THE PURPOSES OF SECTION 316.— ‘‘The Commission’’; and ‘‘(iii) a payment made by a person based on Section 316(b)(2) of the Federal Election (2) by adding at the end the following: information about a candidate’s plans, Campaign Act of 1971 (2 U.S.C. 441b(b)) is ‘‘(2) RANDOM AUDITS.— projects, or needs provided to the person amended by striking ‘‘shall include’’ and in- ‘‘(A) IN GENERAL.—Notwithstanding para- making the payment by the candidate or the serting ‘‘includes a contribution or expendi- graph (1), the Commission may conduct ran- candidate’s agent who provides the informa- ture, as those terms are defined in section dom audits and investigations to ensure vol- tion with the intent that the payment be 301, and also includes’’. untary compliance with this Act. The selec- made; TITLE III—DISCLOSURE tion of any candidate for a random audit or ‘‘(iv) a payment made by a person if, in the investigation shall be based on criteria SEC. 301. FILING OF REPORTS USING COMPUT- adopted by a vote of at least 4 members of same election cycle in which the payment is ERS AND FACSIMILE MACHINES; FIL- made, the person making the payment is ING BY SENATE CANDIDATES WITH the Commission. serving or has served as a member, em- COMMISSION. ‘‘(B) LIMITATION.—The Commission shall ployee, fundraiser, or agent of the can- (a) USE OF COMPUTER AND FACSIMILE MA- not conduct an audit or investigation of a didate’s authorized committee in an execu- CHINE.—Section 302(a) of the Federal Elec- candidate’s authorized committee under sub- tive or policymaking position; tion Campaign Act of 1971 (2 U.S.C. 434(a)) is paragraph (A) until the candidate is no ‘‘(v) a payment made by a person if the amended by striking paragraph (11) and in- longer a candidate for the office sought by person making the payment has served in serting the following: the candidate in an election cycle. any formal policy making or advisory posi- ‘‘(11)(A) The Commission shall promulgate ‘‘(C) APPLICABILITY.—This paragraph does tion with the candidate’s campaign or has a regulation under which a person required not apply to an authorized committee of a participated in formal strategic or formal to file a designation, statement, or report candidate for President or Vice President policymaking discussions with the can- under this Act— subject to audit under section 9007 or 9038 of didate’s campaign relating to the candidate’s ‘‘(i) is required to maintain and file a des- the Internal Revenue Code of 1986.’’. pursuit of nomination for election, or elec- ignation, statement, or report for any cal- (b) EXTENSION OF PERIOD DURING WHICH tion, to Federal office, in the same election endar year in electronic form accessible by CAMPAIGN AUDITS MAY BE BEGUN.—Section cycle as the election cycle in which the pay- computers if the person has, or has reason to 311(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(b)) is amended by strik- ment is made; expect to have, aggregate contributions or ing ‘‘6 months’’ and inserting ‘‘12 months’’. ‘‘(vi) a payment made by a person if, in the expenditures in excess of a threshold amount same election cycle, the person making the determined by the Commission; and SEC. 304. REPORTING REQUIREMENTS FOR CON- TRIBUTIONS OF $50 OR MORE. payment retains the professional services of ‘‘(ii) may maintain and file a designation, Section 304(b)(3)(A) of the Federal Election any person that has provided or is providing statement, or report in electronic form or an Campaign Act at 1971 (2 U.S.C. 434(b)(3)(A) is campaign-related services in the same elec- alternative form, including the use of a fac- amended— tion cycle to a candidate in connection with simile machine, if not required to do so (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; the candidate’s pursuit of nomination for under the regulation promulgated under and election, or election, to Federal office, in- clause (i). (2) by striking the semicolon and inserting cluding services relating to the candidate’s ‘‘(B) The Commission shall make a des- ‘‘, except that in the case of a person who decision to seek Federal office, and the per- ignation, statement, report, or notification makes contributions aggregating at least $50 son retained is retained to work on activities that is filed electronically with the Commis- but not more than $200 during the calendar relating to that candidate’s campaign; sion accessible to the public on the Internet year, the identification need include only ‘‘(vii) a payment made by a person who has not later than 24 hours after the designation, the name and address of the person;’’. engaged in a coordinated activity with a can- statement, report, or notification is received SEC. 305. USE OF CANDIDATES’ NAMES. didate described in clauses (i) through (vi) by the Commission. Section 302(e) of the Federal Election Cam- for a communication that clearly refers to ‘‘(C) In promulgating a regulation under paign Act of 1971 (2 U.S.C. 432(e)) is amended the candidate and is for the purpose of influ- this paragraph, the Commission shall pro- by striking paragraph (4) and inserting the encing an election (regardless of whether the vide methods (other than requiring a signa- following: communication is express advocacy); ture on the document being filed) for verify- ‘‘(4)(A) The name of each authorized com- ‘‘(viii) direct participation by a person in ing designations, statements, and reports mittee shall include the name of the can- fundraising activities with the candidate or covered by the regulation. Any document didate who authorized the committee under in the solicitation or receipt of contributions verified under any of the methods shall be paragraph (1). on behalf of the candidate; treated for all purposes (including penalties ‘‘(B) A political committee that is not an ‘‘(ix) communication by a person with the for perjury) in the same manner as a docu- authorized committee shall not— candidate or an agent of the candidate, ment verified by signature.’’. ‘‘(i) include the name of any candidate in occuring after the declaration of candidacy (b) SENATE CANDIDATES FILE WITH COMMIS- its name; or (including a pollster, media consultant, ven- SION.—Title III of the Federal Election Cam- ‘‘(ii) except in the case of a national, State, dor, advisor, or staff member), acting on be- paign Act of 1971 (2 U.S.C. 431 et seq.) is or local party committee, use the name of half of the candidate, about advertising mes- amended— any candidate in any activity on behalf of sage, allocation of resources, fundraising, or (1) in section 302, by striking subsection (g) the committee in such a context as to sug- other campaign matters related to the can- and inserting the following: gest that the committee is an authorized didate’s campaign, including campaign oper- ‘‘(g) FILING WITH THE COMMISSION.—All des- committee of the candidate or that the use ations, staffing, tactics, or strategy; or ignations, statements, and reports required of the candidate’s name has been authorized ‘‘(x) the provision of in-kind professional to be filed under this Act shall be filed with by the candidate.’’. services or polling data to the candidate or the Commission.’’; and candidate’s agent. (2) in section 304— SEC. 306. PROHIBITION OF FALSE REPRESENTA- TION TO SOLICIT CONTRIBUTIONS. ‘‘(D) For purposes of subparagraph (C), the (A) in subsection (a)(6)(A), by striking ‘‘the Section 322 of the Federal Election Cam- term ‘professional services’ includes services Secretary or’’; and paign Act of 1971 (2 U.S.C. 441h) is amended— in support of a candidate’s pursuit of nomi- (B) in the matter following subsection (1) by inserting after ‘‘SEC. 322.’’ the fol- nation for election, or election, to Federal (c)(2), by striking ‘‘the Secretary or’’. lowing: ‘‘(a) IN GENERAL.—’’; and office such as polling, media advice, direct SEC. 302. PROHIBITION OF DEPOSIT OF CON- (2) by adding at the end the following: mail, fundraising, or campaign research. TRIBUTIONS WITH INCOMPLETE ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No ‘‘(E) For purposes of subparagraph (C), all CONTRIBUTOR INFORMATION. person shall solicit contributions by falsely political committees established and main- Section 302 of Federal Election Campaign representing himself or herself as a can- tained by a national political party (includ- Act of 1971 (2 U.S.C. 432) is amended by add- didate or as a representative of a candidate, ing all congressional campaign committees) ing at the end the following: a political committee, or a political party.’’. and all political committees established and ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- SEC. 307. SOFT MONEY OF PERSONS OTHER THAN maintained by a State political party (in- urer of a candidate’s authorized committee POLITICAL PARTIES. cluding any subordinate committee of a shall not deposit, except in an escrow ac- (a) IN GENERAL.—Section 304 of the Federal State committee) shall be considered to be a count, or otherwise negotiate a contribution Election Campaign Act of 1971 (2 U.S.C. 434) single political committee.’’. from a person who makes an aggregate (as amended by section 103(c)) is amended by (2) SECTION 315(a)(7).—Section 315(a)(7) (2 amount of contributions in excess of $200 adding at the end the following: U.S.C. 441a(a)(7)) is amended by striking sub- during a calendar year unless the treasurer ‘‘(g) DISBURSEMENTS OF PERSONS OTHER paragraph (B) and inserting the following: verifies that the information required by THAN POLITICAL PARTIES.— S10110 CONGRESSIONAL RECORD — SENATE September 29, 1997

‘‘(1) IN GENERAL.—A person, other than a the requirements of that paragraph, an audio tion with an election by an eligible Senate political committee or a person described in statement by the candidate that identifies candidate or the candidate’s authorized com- section 501(d) of the Internal Revenue Code the candidate and states that the candidate mittees from the sources described in para- of 1986, that makes an aggregate amount of has approved the communication. graph (2) shall not exceed $50,000. disbursements in excess of $50,000 during a ‘‘(2) If a broadcast or cablecast commu- ‘‘(2) SOURCES.—A source is described in this calendar year for activities described in nication described in paragraph (1) is broad- paragraph if the source is— paragraph (2) shall file a statement with the cast or cablecast by means of television, the ‘‘(A) personal funds of the candidate and Commission— communication shall include, in addition to members of the candidate’s immediate fam- ‘‘(A) on a monthly basis as described in the audio statement under paragraph (1), a ily; or subsection (a)(4)(B); or written statement that— ‘‘(B) proceeds of indebtedness incurred by ‘‘(B) in the case of disbursements that are ‘‘(A) appears at the end of the communica- the candidate or a member of the candidate’s made within 20 days of an election, within 24 tion in a clearly readable manner with a rea- immediate family. hours after the disbursements are made. sonable degree of color contrast between the ‘‘(c) CERTIFICATION BY THE COMMISSION.— ‘‘(2) ACTIVITY.—The activity described in background and the printed statement, for a ‘‘(1) IN GENERAL.—The Commission shall this paragraph is— period of at least 4 seconds; and determine whether a candidate has met the ‘‘(A) Federal election activity; ‘‘(B) is accompanied by a clearly identifi- requirements of this section and, based on ‘‘(B) an activity described in section able photographic or similar image of the the determination, issue a certification stat- 316(b)(2)(A) that expresses support for or op- candidate. ing whether the candidate is an eligible Sen- position to a candidate for Federal office or ‘‘(e) Any broadcast or cablecast commu- ate candidate. a political party; and nication described in paragraph (3) of sub- ‘‘(2) TIME FOR CERTIFICATION.—Not later section (a) shall include, in addition to the ‘‘(C) an activity described in subparagraph than 7 business days after a candidate files a requirements of that paragraph, in a clearly (C) of section 316(b)(2). declaration under paragraph (1) or (2) of sub- spoken manner, the following statement: ‘‘(3) APPLICABILITY.—This subsection does section (a), the Commission shall certify ‘llllllll is responsible for the con- not apply to— whether the candidate is an eligible Senate tent of this advertisement.’ (with the blank ‘‘(A) a candidate or a candidate’s author- candidate. to be filled in with the name of the political ‘‘(3) REVOCATION.—The Commission shall ized committees; or committee or other person paying for the ‘‘(B) an independent expenditure. revoke a certification under paragraph (1), communication and the name of any con- based on information submitted in such form ‘‘(4) CONTENTS.—A statement under this nected organization of the payor). If broad- and manner as the Commission may require section shall contain such information about cast or cablecast by means of television, the or on information that comes to the Com- the disbursements made during the reporting statement shall also appear in a clearly read- mission by other means, if the Commission period as the Commission shall prescribe, in- able manner with a reasonable degree of determines that a candidate violates the per- cluding— color contrast between the background and sonal funds expenditure limit. ‘‘(A) the aggregate amount of disburse- the printed statement, for a period of at ‘‘(4) DETERMINATIONS BY COMMISSION.—A ments made; least 4 seconds.’’. determination made by the Commission ‘‘(B) the name and address of the person or TITLE IV—PERSONAL WEALTH OPTION under this subsection shall be final, except entity to whom a disbursement is made in an to the extent that the determination is sub- aggregate amount in excess of $200; SEC. 401. VOLUNTARY PERSONAL FUNDS EX- PENDITURE LIMIT. ject to examination and audit by the Com- ‘‘(C) the date made, amount, and purpose Title III of the Federal Election Campaign mission and to judicial review. of the disbursement; and Act of 1971 (2 U.S.C. 431 et seq.) (as amended ‘‘(d) PENALTY.—If the Commission revokes ‘‘(D) if applicable, whether the disburse- by section 101) is amended by adding at the the certification of an eligible Senate can- ment was in support of, or in opposition to, end the following: didate— a candidate or a political party, and the ‘‘SEC. 325. VOLUNTARY PERSONAL FUNDS EX- ‘‘(1) the Commission shall notify the can- name of the candidate or the political PENDITURE LIMIT. didate of the revocation; and party.’’. ‘‘(a) ELIGIBLE SENATE CANDIDATE.— ‘‘(2) the candidate and a candidate’s au- EFINITION OF ENERIC AMPAIGN C (b) D G C A - ‘‘(1) PRIMARY ELECTION.— thorized committees shall pay to the Com- TIVITY .—Section 301 of the Federal Election ‘‘(A) DECLARATION.—A candidate is an eli- mission an amount equal to the amount of Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as gible primary election Senate candidate if expenditures made by a national committee amended by section 201(b)) is amended by the candidate files with the Commission a of a political party or a State committee of adding at the end the following: declaration that the candidate and the can- a political party in connection with the gen- ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The didate’s authorized committees will not eral election campaign of the candidate term ‘generic campaign activity’ means an make expenditures in excess of the personal under section 315(d).’’. activity that promotes a political party and funds expenditure limit. SEC. 402. POLITICAL PARTY COMMITTEE COORDI- does not promote a candidate or non-Federal ‘‘(B) TIME TO FILE.—The declaration under NATED EXPENDITURES. candidate.’’. subparagraph (A) shall be filed not later than Section 315(d) of the Federal Election Cam- SEC. 308. CAMPAIGN ADVERTISING. the date on which the candidate files with paign Act of 1971 (2 U.S.C. 441a(d)) (as amend- Section 318 of the Federal Election Cam- the appropriate State officer as a candidate ed by section 204) is amended by adding at paign Act of 1971 (2 U.S.C. 441d) is amended— for the primary election. the end the following: (1) in subsection (a)— ‘‘(2) GENERAL ELECTION.— ‘‘(5) This subsection does not apply to ex- (A) in the matter preceding paragraph (1)— ‘‘(A) DECLARATION.—A candidate is an eli- penditures made in connection with the gen- (i) by striking ‘‘Whenever’’ and inserting gible general election Senate candidate if eral election campaign of a candidate for the ‘‘Whenever a political committee makes a the candidate files with the Commission— Senate who is not an eligible Senate can- disbursement for the purpose of financing ‘‘(i) a declaration under penalty of perjury, didate (as defined in section 325(a)).’’. any communication through any broadcast- with supporting documentation as required TITLE V—MISCELLANEOUS ing station, newspaper, magazine, outdoor by the Commission, that the candidate and SEC. 501. CODIFICATION OF BECK DECISION. advertising facility, mailing, or any other the candidate’s authorized committees did Section 8 of the National Labor Relations type of general public political advertising, not exceed the personal funds expenditure Act (29 U.S.C. 158) is amended by adding at or whenever’’; limit in connection with the primary elec- the end the following new subsection: (ii) by striking ‘‘an expenditure’’ and in- tion; and ‘‘(h) NONUNION MEMBER PAYMENTS TO LABOR serting ‘‘a disbursement’’; and ‘‘(ii) a declaration that the candidate and ORGANIZATION. (iii) by striking ‘‘direct’’; and the candidate’s authorized committees will ‘‘(1) IN GENERAL.—It shall be an unfair (B) in paragraph (3), by inserting ‘‘and per- not make expenditures in excess of the per- labor practice for any labor organization manent street address’’ after ‘‘name’’; and sonal funds expenditure limit. which receives a payment from an employee (2) by adding at the end the following: ‘‘(B) TIME TO FILE.—The declaration under pursuant to an agreement that requires em- ‘‘(c) Any printed communication described subparagraph (A) shall be filed not later than ployees who are not members of the organi- in subsection (a) shall— 7 days after the earlier of— zation to make payments to such organiza- ‘‘(1) be of sufficient type size to be clearly ‘‘(i) the date on which the candidate quali- tion in lieu of organization dues or fees not readable by the recipient of the communica- fies for the general election ballot under to establish and implement the objection tion; State law; or procedure described in paragraph (2). ‘‘(2) be contained in a printed box set apart ‘‘(ii) if under State law, a primary or run- ‘‘(2) OBJECTION PROCEDURE.—The objection from the other contents of the communica- off election to qualify for the general elec- procedure required under paragraph (1) shall tion; and tion ballot occurs after September 1, the meet the following requirements: ‘‘(3) be printed with a reasonable degree of date on which the candidate wins the pri- ‘‘(A) The labor organization shall annually color contrast between the background and mary or runoff election. provide to employees who are covered by the printed statement. ‘‘(b) PERSONAL FUNDS EXPENDITURE such agreement but are not members of the ‘‘(d)(1) Any broadcast or cablecast commu- LIMIT.— organization— nication described in paragraphs (1) or (2) of ‘‘(1) IN GENERAL.—The aggregate amount of ‘‘(i) reasonable personal notice of the ob- subsection (a) shall include, in addition to expenditures that may be made in connec- jection procedure, the employees eligible to September 29, 1997 CONGRESSIONAL RECORD — SENATE S10111

invoke the procedure, and the time, place, SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE ‘‘(B) FILING AN EXCEPTION.— and manner for filing an objection; and FRANKING PRIVILEGE. ‘‘(i) TIME TO FILE.—A political committee ‘‘(ii) reasonable opportunity to file an ob- Section 3210(a)(6) of title 39, United States shall have 30 days after the imposition of a jection to paying for organization expendi- Code, is amended by striking subparagraph penalty or filing requirement by the Com- tures supporting political activities unre- (A) and inserting the following: mission under this paragraph in which to file lated to collective bargaining, including but ‘‘(A) A Member of Congress shall not mail an exception with the Commission. not limited to the opportunity to file such any mass mailing as franked mail during a ‘‘(ii) TIME FOR COMMISSION TO RULE.—With- objection by mail. year in which there will be an election for in 30 days after receiving an exception, the ‘‘(B) If an employee who is not a member of the seat held by the Member during the pe- Commission shall make a determination the labor organization files an objection riod between January 1 of that year and the that is a final agency action subject to ex- under the procedure in subparagraph (A), date of the general election for that Office, clusive review by the United States Court of such organization shall— unless the Member has made a public an- Appeals for the District of Columbia Circuit ‘‘(i) reduce the payments in lieu of organi- nouncement that the Member will not be a under section 706 of title 5, United States zation dues or fees by such employee by an candidate for reelection to that year or for Code, upon petition filed in that court by the amount which reasonably reflects the ratio election to any other Federal office.’’. political committee or treasurer that is the that the organization’s expenditures sup- SEC. 504. PROHIBITION OF FUNDRAISING ON subject of the agency action, if the petition FEDERAL PROPERTY. porting political activities unrelated to col- is filed within 30 days after the date of the Commission action for which review is lective bargaining bears to such organiza- Section 607 of title 18, United States Code, tion’s total expenditures; sought.’’; is amended by— (2) in paragraph (5)(D)— ‘‘(ii) provide such employee with a reason- (a) striking subsection (a) and inserting (A) by inserting after the first sentence the able explanation of the organization’s cal- the following: culation of such reduction, including cal- ‘‘(a) PROHIBITION.— following: ‘‘In any case in which a penalty or culating the amount of organization expendi- ‘‘(1) IN GENERAL.—It shall be unlawful for filing requirement imposed on a political tures supporting political activities unre- any person to solitict or receive a donation committee or treasurer under paragraph (13) lated to collective bargaining. of money or other thing of value for a politi- has not been satisfied, the Commission may ‘‘(3) DEFINITION.—For purposes of this sub- cal committee or a candidate for Federal, institute a civil action for enforcement section, the term ‘expenditures supporting State or local office from a person who is lo- under paragraph (6)(A).’’; and political activities unrelated to collective cated in a room or building occupied in the (B) by inserting before the period at the bargaining’ means expenditures in connec- discharge of official duties by an officer or end of the last sentence the following: ‘‘or tion with a federal, state, or local election or employee of the United States. An individual has failed to pay a penalty or meet a filing in connection with efforts to influence legis- who is an officer or employee of the Federal requirement imposed under paragraph (13)’’; lation unrelated to collective bargaining.’’. Government, including the President, Vice and President, and Members of Congress, shall (3) in paragraph (6)(A), by striking ‘‘para- SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR graph (4)(A)’’ and inserting ‘‘paragraph (4)(A) CERTAIN PURPOSES. not make solicit a donation of money or other thing of value for a political commit- or (13)’’. Title III of the Federal Election Campaign tee or candidate for Federal, State or local SEC. 506. STRENGTHENING FOREIGN MONEY Act of 1971 (2 U.S.C. 431 et seq.) is amended offices, while in any room or building occu- BAN. by striking section 313 and inserting the fol- pied in the discharge of official duties by an Section 319 of the Federal Election Cam- lowing: officer or employee of the United States, paign Act of 1971 (2 U.S.C. 441e) is amended— ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR from any person. (1) by striking the heading and inserting CERTAIN PURPOSES. ‘‘(2) PENALTY.—A person who violates this the following: ‘‘CONTRIBUTIONS AND DONA- ‘‘(a) PERMITTED USES.—A contribution ac- section shall be fined not more than $5,000, TIONS BY FOREIGN NATIONALS’’; and cepted by a candidate, and any other amount imprisoned more than 3 years, or both.’’. (2) by striking subsection (a) and inserting received by an individual as support for ac- (b) Inserting a subsection (b) after ‘‘Con- the following: ‘‘(a) PROHIBITION.—It shall be unlawful tivities of the individual as a holder of Fed- gress’’ ‘‘or Executive Office of the Presi- for— eral office, may be used by the candidate or dent’’. ‘‘(1) a foreign national, directly or indi- individual— SEC. 505. PENALTIES FOR KNOWING AND WILL- rectly, to make— ‘‘(1) for expenditures in connection with FUL VIOLATIONS. ‘‘(A) a donation of money or other thing of the campaign for Federal office of the can- (a) INCREASED PENALTIES.—Section 309(a) value, or to promise expressly or impliedly didate or individual; of the Federal Election Campaign Act of 1971 to make a donation, in connection with a ‘‘(2) for ordinary and necessary expenses (2 U.S.C. 437g(a)) is amended— Federal, State, or local election to a politi- incurred in connection with duties of the in- (1) in paragraphs (5)(A), (6)(A), and (6)(B), cal committee or a candidate for Federal of- dividual as a holder of Federal office; by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; fice; or ‘‘(3) for contributions to an organization and ‘‘(ii) a contribution or donation to a com- described in section 170(c) of the Internal (2) in paragraphs (5)(B) and (6)(C), by strik- mittee of a political party; or Revenue Code of 1986; or ing ‘‘$10,000 or an amount equal to 200 per- ‘‘(B) for a person to solicit, accept, or re- ‘‘(4) for transfers to a national, State, or cent’’ and inserting ‘‘$20,000 or an amount ceive such contribution or donation from a local committee of a political party. equal to 300 percent’’. (b) EQUITABLE REMEDIES.—Section foreign national.’’. ROHIBITED SE ‘‘(b) P U .— 309(a)(5)(A) of the Federal Election Campaign SEC. 507. PROHIBITION OF CONTRIBUTIONS BY ‘‘(1) IN GENERAL.—A contribution or Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by MINORS. amount described in subsection (a) shall not striking the period at the end and inserting Title III of the Federal Election Campaign be converted by any person to personal use. ‘‘, and may include equitable remedies or Act of 1971 (2 U.S.C. 431 et seq.) (as amended ‘‘(2) CONVERSION.—For the purposes of penalties, including disgorgement of funds to by section 401) is amended by adding at the paragraph (1), a contribution or amount the Treasury or community service require- end the following: shall be considered to be converted to per- ments (including requirements to participate ‘‘SEC. 326. PROHIBITION OF CONTRIBUTIONS BY sonal use if the contribution or amount is in public education programs).’’. MINORS. used to fulfill any commitment, obligation, (c) AUTOMATIC PENALTY FOR LATE FILING.— An individual who is 17 years old or young- or expense of a person that would exist irre- Section 309(a) of the Federal Election Cam- er shall not make a contribution to a can- spective of the candidate’s election campaign Act of 1971 (2 U.S.C. 437g(a)) is amend- didate or a contribution or donation to a paign or individual’s duties as a holder of ed— committee of a political party.’’. Federal officeholder, including— (1) by adding at the end the following: SEC. 508. EXPEDITED PROCEDURES. ‘‘(A) a home mortgage, rent, or utility pay- ‘‘(13) PENALTY FOR LATE FILING.— (a) IN GENERAL.—Section 309(a) of the Fed- ment; ‘‘(A) IN GENERAL.— eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) a clothing purchase; ‘‘(i) MONETARY PENALTIES.—The Commis- 437g(a)) (as amended by section 505(c)) is ‘‘(C) a noncampaign-related automobile ex- sion shall establish a schedule of mandatory amended by adding at the end the following: pense; monetary penalties that shall be imposed by ‘‘(14)(A) If the complaint in a proceeding ‘‘(D) a country club membership; the Commission for failure to meet a time was filed within 60 days preceding the date of ‘‘(E) a vacation or other noncampaign-re- requirement for filing under section 304. a general election, the Commission may take lated trip; ‘‘(ii) REQUIRED FILING.—In addition to im- action described in this subparagraph. ‘‘(F) a household food item; posing a penalty, the Commission may re- ‘‘(B) If the Commission determines, on the ‘‘(G) a tuition payment; quire a report that has not been filed within basis of facts alleged in the complaint and ‘‘(H) admission to a sporting event, con- the time requirements of section 304 to be other facts available to the Commission, cert, theater, or other form of entertainment filed by a specific date. that there is clear and convincing evidence not associated with an election campaign; ‘‘(iii) PROCEDURE.—A penalty or filing re- that a violation of this Act has occurred, is and quirement imposed under this paragraph occurring, or is about to occur, the Commis- ‘‘(G) dues, fees, and other payments to a shall not be subject to paragraph (1), (2), (3), sion may order expedited proceedings, short- health club or recreational facility.’’. (4), (5), or (12). ening the time periods for proceedings under S10112 CONGRESSIONAL RECORD — SENATE September 29, 1997 paragraphs (1), (2), (3), and (4) as necessary to The amendment is as follows: dues, fee, or payment will be used for politi- allow the matter to be resolved in sufficient Strike all of section 501, and insert the fol- cal activities. time before the election to avoid harm or lowing: ‘‘(2) An authorization described in para- prejudice to the interests of the parties. graph (1) shall remain in effect until revoked SEC. 501. PAYCHECK PROTECTION ACT. ‘‘(C) If the Commission determines, on the and may be revoked at any time. (a) IN GENERAL.—Section 316 of the Federal basis of facts alleged in the complaint and ‘‘(3) For purposes of this subsection, the Election Campaign Act of 1971 (2 U.S.C. 441b) other facts available to the Commission, term ‘political activities’ includes commu- is amended by adding the following new sub- that the complaint is clearly without merit, nications or other activities which involve section: the Commission may— carrying on propaganda, attempting to influ- ‘‘(c)(1) Except with the separate, prior, ‘‘(i) order expedited proceedings, shorten- ence legislation, or participating or inter- written, voluntary authorization of each in- ing the time periods for proceedings under vening in any political campaign or political dividual, it shall be unlawful— paragraphs (1), (2), (3), and (4) as necessary to party.’’ ‘‘(A) for any national bank or corporation (b) EFFECTIVE DATE.—This section shall allow the matter to be resolved in sufficient described in this section to collect from or time before the election to avoid harm or take effect one day after enactment of this assess its stockholders or employees any Act. prejudice to the interests of the parties; or dues, initiation fee, or other payment as a ‘‘(ii) if the Commission determines that condition of employment if any part of such Mr. LOTT. I ask for the yeas and there is insufficient time to conduct proceed- dues, fee, or payment will be used for politi- nays on the amendment. ings before the election, summarily dismiss cal activities in which the national bank or The PRESIDING OFFICER. Is there a the complaint.’’. corporation, as the case may be, is engaged; sufficient second? (b) REFERRAL TO ATTORNEY GENERAL.—Sec- and There is a sufficient second. tion 309(a)(5) of the Federal Election Cam- ‘‘(B) for any labor organization described paign Act of 1971 (2 U.S.C. 437g(a)(5)) is The yeas and nays were ordered. in this section to collect from or assess its amended by striking subparagraph (C) and AMENDMENT NO. 1260 TO AMENDMENT NO. 1258 members or nonmembers any dues, initiation inserting the following: (Purpose: To guarantee that contributions to ‘‘(C) The Commission may at any time, by fee, or other payment if any part of such Federal political campaigns are voluntary) dues, fee, or payment will be used for politi- an affirmative vote of at least 4 of its mem- Mr. LOTT. I send a perfecting amend- bers, refer a possible violation of this Act or cal activities. ‘‘(2) An authorization described in para- ment to the desk. chapter 95 or 96 of title 26, United States graph (1) shall remain in effect until revoked The PRESIDING OFFICER. The Code, to the Attorney General of the United and may be revoked at any time. clerk will report. States, without regard to any limitation set ‘‘(3) For purposes of this subsection, the The legislative clerk read as follows: forth in this section.’’. term ‘political activities’ includes commu- The Senator from Mississippi [Mr. LOTT] SEC. 509. INITIATION OF ENFORCEMENT PRO- nications or other activities which involve CEEDING. proposes an amendment numbered 1260 to Section 309(a)(2) of the Federal Election carrying on propaganda, attempting to influ- amendment No. 1258. Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is ence legislation, or participating or inter- Mr. LOTT. Mr. President, I ask unan- amended by striking ‘‘reason to believe vening in any political campaign or political party.’’ imous consent that reading of the that’’ and inserting ‘‘reason to investigate amendment be dispensed with. whether’’. Mr. LOTT. Mr. President, I ask for The PRESIDING OFFICER. Without TITLE VI—SEVERABILITY; CONSTITU- the yeas and nays on the amendment. objection, it is so ordered. TIONALITY; EFFECTIVE DATE; REGULA- The PRESIDING OFFICER. Is there a The amendment is as follows: TIONS sufficient second? Strike all after the word ‘‘SEC.’’ in the SEC. 601. SEVERABILITY. There is a sufficient second. pending amendment and insert the following: If any provision of this Act or amendment The yeas and nays were ordered. 501. PAYCHECK PROTECTION ACT. made by this Act, or the application of a pro- AMENDMENT NO. 1259 TO AMENDMENT NO. 1258 (a) IN GENERAL.—Section 316 of the Federal vision or amendment to any person or cir- (Purpose: To guarantee that contributions to Election Campaign Act of 1971 (2 U.S.C. 441b) cumstance, is held to be unconstitutional, Federal political campaigns are voluntary) is amended by adding the following new sub- the remainder of this Act and amendments section: made by this Act, and the application of the Mr. LOTT. Mr. President, I send an amendment to the desk to my amend- ‘‘(c)(1) Except with the separate, prior, provisions and amendment to any person or written, voluntary authorization of each in- circumstance, shall not be affected by the ment. dividual, it shall be unlawful— holding. The PRESIDING OFFICER. The ‘‘(A) for any national bank or corporation SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES. clerk will report. described in this section to collect from or An appeal may be taken directly to the Su- The legislative clerk read as follows: assess its stockholders or employees any preme Court of the United States from any The Senator from Mississippi [Mr. LOTT] dues, initiation fee, or other payment as a final judgment, decree, or order issued by proposes an amendment numbered 1259 to condition of employment if any part of such any court ruling on the constitutionality of amendment No. 1258. dues, fee, or payment will be used for politi- any provision of this Act or amendment cal activities in which the national bank or made by this Act. Mr. LOTT. Mr. President, I ask unan- corporation, as the case may be, is engaged; SEC. 603. EFFECTIVE DATE. imous consent that reading of the and Except as otherwise provided in this Act, amendment be dispensed with. ‘‘(B) for any labor organization described this Act and the amendments made by this The PRESIDING OFFICER. Without in this section to collect from or assess its Act take effect on the date that is 60 days objection, it is so ordered. members or nonmembers any dues, initiation after the date of enactment of this Act or The amendment is as follows: fee, or other payment if any part of such January 1, 1998, whichever occurs first. dues, fee, or payment will be used for politi- In lieu of the matter proposed to be SEC. 604. REGULATIONS. cal activities. The Federal Election Commission shall inserted insert the following: ‘‘(2) An authorization described in para- prescribe any regulations required to carry SEC. 501. PAYCHECK PROTECTION ACT. graph (1) shall remain in effect until revoked out this Act and the amendments made by (a) IN GENERAL.—Section 316 of the Federal and may be revoked at any time. this Act not later than 270 days after the ef- Election Campaign Act of 1971 (2 U.S.C. 441b) ‘‘(3) For purposes of this subsection, the fective date of this Act. is amended by adding the following new sub- term ‘political activities’ includes commu- AMENDMENT NO. 1258 section: nications or other activities which involve ‘‘(c)(1) Except with the separate, prior, carrying on propaganda, attempting to influ- (Purpose: To guarantee that contributions to written, voluntary authorization of each in- ence legislation, or participating or inter- Federal political campaigns are voluntary) dividual, it shall be unlawful— vening in any political campaign or political Mr. LOTT. Mr. President, I send an ‘‘(A) for any national bank or corporation party.’’ amendment to the desk. described in this section to collect from or (b) EFFECTIVE DATE.—This section shall The PRESIDING OFFICER. The assess its stockholders or employees any take effect two days after enactment of this clerk will report. dues, initiation fee, or other payment as a Act. The legislative clerk read as follows: condition of employment if any part of such AMENDMENT NO. 1261 The Senator from Mississippi [Mr. LOTT] dues, fee, or payment will be used for politi- (Purpose: To guarantee that contributions to proposes an amendment numbered 1258. cal activities in which the national bank or Federal political campaigns are voluntary) corporation, as the case may be, is engaged; Mr. LOTT. I now send an amendment Mr. LOTT. Mr. President, I ask unan- and imous consent that reading of the ‘‘(B) for any labor organization described to the desk to the language proposed to amendment be dispensed with. in this section to collect from or assess its be stricken. The PRESIDING OFFICER. Without members or nonmembers any dues, initiation The PRESIDING OFFICER. The objection, it is so ordered. fee, or other payment if any part of such clerk will report. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10113 The legislative clerk read as follows: ‘‘(A) for any national bank or corporation nications or other activities which involve The Senator from Mississippi [Mr. LOTT] described in this section to collect from or carrying on propaganda, attempting to influ- proposes an amendment No. 1261. assess to its stockholders or employees any ence legislation, or participating or inter- dues, initiation fee, or other payment as a vening in any political campaign or political Mr. LOTT. Mr. President, I ask unan- condition of employment it any part of such party.’’ imous consent that reading of the dues, fee, or payment will be used for politi- Mr. LOTT. I ask for the yeas and amendment be dispensed with. cal activities in which the national bank or nays. The PRESIDING OFFICER. Without corporation, as the case may be, is engaged; The PRESIDING OFFICER. Is there a objection, it is so ordered. and sufficient second? The amendment is as follows: ‘‘(B) for any labor organization described in this section to collect from or assess its There is a sufficient second. On page 42, in the language proposed to be members or nonmembers any dues, initiation The yeas and nays were ordered. stricken, strike all after ‘‘ ’’ through SEC. 501 fee, or other payment if any part of such the end of the page and insert the following: AMENDMENT NO. 1264 TO AMENDMENT NO. 1263 dues, fee, or payment will be used for politi- (Purpose: To guarantee that contributions to PAYCHEK PROTECTION ACT. cal activities. Federal political campaigns are voluntary) (a) IN GENERAL.—Section 316 of the Federal ‘‘(2) An authorization described in para- Election Campaign Act of 1971 (2 U.S.C. 441b) graph (1) shall remain in effect until revoked Mr. LOTT. I send an amendment to is amended by adding the following new sub- and may be revoked at any time. the desk. section: ‘‘(3) For purposes of this subsection, the The PRESIDING OFFICER. The ‘‘(c)(1) Except with the separate, prior, term ‘political activities’ includes commu- clerk will report. written, voluntary authorization of each in- nications or other activities which involve The legislative clerk read as follows: dividual, it shall be unlawful— carrying on propaganda, attempting to influ- The Senator from Mississippi [Mr. LOTT] ‘‘(A) for any national bank or corporation ence legislation, or participating or inter- proposes an amendment numbered 1264 to described in this section to collect from or vening in any political campaign or political amendment No. 1263. assess its stockholders or employees any party.’’ dues, initiation fee, or other payment as a (b) EFFECTIVE DATE.—This section shall Mr. LOTT. Mr. President, I ask unan- condition of employment if any part of such take effect four days after enactment of this imous consent that reading of the dues, fee, or payment will be used for politi- Act. amendment be dispensed with. cal activities in which the national bank or MOTION TO RECOMMIT I ask for the yeas and nays. corporation, as the case may be, is engaged; and AMENDMENT NO. 1263 TO INSTRUCTIONS TO THE The PRESIDING OFFICER. Is there a ‘‘(B) for any labor organization described MOTION TO RECOMMIT sufficient second? in this section to collect from or assess its (Purpose: To guarantee that contributions to Mr. MCCAIN. I object to suspension members or nonmembers any dues, initiation Federal political campaigns are voluntary) of the reading. I would like to know fee, or other payment if any part of such Mr. LOTT. Mr. President, I now move what the amendment is. dues, fee, or payment will be used for politi- that the Senate recommit S. 25 to the The PRESIDING OFFICER. The cal activities. Committee on Rules and Administra- clerk will report. ‘‘(2) An authorization described in para- tion with instructions to report back The legislative clerk read as follows: graph (1) shall remain in effect until revoked and may be revoked at any time. forthwith, and I send an amendment to In lieu of the matter proposed to be in- ‘‘(3) For purposes of this subsection, the the instructions to the desk. serted insert the following: term ‘political activities’ includes commu- The PRESIDING OFFICER. The SEC. . PAYCHECK PROTECTION ACT. nications or other activities which involve clerk will report. (a) IN GENERAL.—Section 316 of the Federal carrying on propaganda, attempting to influ- The legislative clerk read as follows: Election Campaign Act of 1971 (2 U.S.C. 441b) ence legislation, or participating or inter- The Senator from Mississippi [Mr. LOTT] is amended by adding the following new sub- vening in any political campaign or political proposes an amendment numbered 1263 to in- section: party.’’ structions to the motion to recommit. ‘‘(c)(1) Except with the separate, prior, (b) EFFECTIVE DATE.—This section shall written, voluntary authorization of each in- take effect three days after enactment of Mr. LOTT. Mr. President, I ask unan- dividual, it shall be unlawful— this Act. imous consent that reading of the ‘‘(A) for any national bank or corporation Mr. LOTT. I now ask for the yeas and amendment be dispensed with. described in this section to collect from or nays. The PRESIDING OFFICER. Without assess its stockholders or employees any dues, initiation fee, or other payment as a The PRESIDING OFFICER. Is there a objection, it is so ordered. The amendment is as follows: condition of employment if any part of such sufficient second? dues, fee, or payment will be used for politi- At the end of the instructions add the fol- There is a sufficient second. cal activities in which the national bank or lowing: The yeas and nays were ordered. corporation, as the case may be, is engaged; ‘‘with an amendment as follows: AMENDMENT NO. 1262 TO AMENDMENT NO. 1261 and Strike all of section 501 and insert the fol- ‘‘(B) for any labor organization described (Purpose: To guarantee that contributions to lowing: Federal political campaigns are voluntary) in this section to collect from or assess its SEC. . PAYCHECK PROTECTION ACT. members or nonmembers any dues, initiation Mr. LOTT. Mr. President, I send an (a) IN GENERAL.—Section 316 of the Federal fee, or other payment if any part of such amendment to the desk to my amend- Election Campaign Act of 1971 (2 U.S.C. 441b) dues, fee, or payment will be used for politi- ment. is amended by adding the following new sub- cal activities. The PRESIDING OFFICER. The section: ‘‘(2) An authorization described in para- clerk will report. ‘‘(c)(1) Except with the separate, prior, graph (1) shall remain in effect until revoked The legislative clerk read as follows: written, voluntary authorization of each in- and may be revoked at any time. dividual, it shall be unlawful— ‘‘(3) For purposes of this subsection, the The Senator from Mississippi [Mr. LOTT] ‘‘(A) for any national bank or corporation term ‘political activities’ includes commu- proposes an amendment numbered 1262 to described in this section to collect from or amendment No. 1261. nications or other activities which involve assess its stockholders or employees any carrying on propaganda, attempting to influ- Mr. LOTT. Mr. President, I ask unan- dues, initiation fee, or other payment as a ence legislation, or participating or inter- imous consent that reading of the condition of employment if any part of such vening in any political campaign or political amendment be dispensed with. dues, fee, or payment will be used for politi- party.’’ The PRESIDING OFFICER. Without cal activities in which the national bank or EFFECTIVE DATE.—This section shall take objection, it is so ordered. corporation, as the case may be, is engaged; effect one day after enactment of this Act. and The amendment is as follows: ‘‘(B) for any labor organization described The PRESIDING OFFICER. Is there a Strike all after the first word in the pend- in this section to collect from or assess its sufficient second to the request for the ing amendment and insert the following: members or nonmembers any dues, initiation yeas and nays? PROTECTION ACT. fee, or other payment if any part of such There is a sufficient second. (a) IN GENERAL.—Section 316 of the Federal dues, fee, or payment will be used for politi- The yeas and nays were ordered. Election Campaign Act of 1971 (2 U.S.C. 441b) cal activities. AMENDMENT NO. 1265 TO AMENDMENT NO. 1264 is amended by adding the following new sub- ‘‘(2) An authorization described in para- section: graph (1) shall remain in effect until revoked (Purpose: To guarantee that contributions to ‘‘(c)(1) Except with the separate, prior, and may be revoked at any time. Federal political campaigns are voluntary) written, voluntary authorization of each in- ‘‘(3) For purposes of this subsection, the Mr. LOTT. I send a final amendment dividual, it shall be unlawful— term ‘political activities’ includes commu- to the desk. S10114 CONGRESSIONAL RECORD — SENATE September 29, 1997 The PRESIDING OFFICER. The mally known as ‘‘filling up the amend- As I have said before, my own father clerk will report. ment tree.’’ This is a fairly standard was a union member. This amendment The legislative clerk read as follows: procedure to ensure opponents of an is not targeted at unions. It is, as a The Senator from Mississippi [Mr. LOTT] amendment cannot gut it by offering matter of fact, directed at affecting proposes an amendment numbered 1265 to yet another amendment. both unions and corporations as well. amendment No. 1264. I ask unanimous consent that five re- No worker—whether union or cor- Mr. LOTT. Mr. President, I ask unan- cent examples be printed in the porate business, large or small—should imous consent that reading of the RECORD. be forced to contribute against his or amendment be dispensed with. There being no objection, the mate- her will, as a condition of their em- Mr. McCAIN. I object. rials was ordered to be printed in the ployment. The PRESIDING OFFICER. Objec- RECORD, as follows: Many workers don’t want to pay and tion is heard. 1977—Jimmy Carter’s Energy Deregulation be involved in campaigns or in politics, The clerk will report. Bill—Byrd filled up amendment tree. and many of those don’t want to be The legislative clerk read as follows: 1984—Grove City—Byrd (in minority) filled told what they have to do and don’t Strike all after the word ‘‘section’’ in the up the tree. want to have their funds taken from first degree amendment and insert the fol- 1985—Budget Resolution—Dole filled up the them without their permission. lowing: tree. A recent poll of union members re- 1988—Campaign Finance—Byrd filled up . PAYCHECK PROTECTION ACT. vealed that 78 percent did not know the tree (eight cloture votes). (a) IN GENERAL.—Section 316 of the Federal 1993—Emergency Supplemental Approps they had the right to stop paying for Election Campaign Act of 1971 (2 U.S.C. 441b) (Stimulus Bill)—Byrd filled up the tree. politics. is amended by adding the following new sub- A 1996 poll of union members found Mr. LOTT. Mr. President, also, I note section: that 62 percent opposed the AFL–CIO’s ‘‘(c)(1) Except with the separate, prior, that this is done two or three times a expenditure of over $35 million—and written, voluntary authorization of each in- year and certainly is not unprece- probably much more—of their money dividual, it shall be unlawful— dented. in a campaign to control Congress. Mr. MCCAIN. Mr. President, I ask I hope no one will characterize this No worker should be forced to pay for unanimous consent that the remaining amendment as a ‘‘poison pill’’ for cam- politics that they do not support. As part of the reading of the amendment paign finance reform. It is so fun- such, I hope Senators will support my be dispensed with since it is the same damental to fairness in the campaign amendment. as the other amendment. process. Shouldn’t workers in America There will be plenty of time to de- The PRESIDING OFFICER. Without be able to have some say about how bate this amendment and other amend- objection, it is so ordered. their fees, assessments, or dues are ments, and then we will design a proc- The remainder of the amendment is used in political campaigns? I think ess to have some votes to see where the as follows: the answer truly should be yes. Senate stands on this and other issues. ‘‘(A) for any national bank or corporation Some of our colleagues may not want I yield the floor. described in this section to collect from or to expose, much less vote on, one of the Mr. WARNER addressed the Chair. assess its stockholders or employees any worst campaign abuses that exists— The PRESIDING OFFICER. The Sen- dues, initiation fee, or other payment as a compulsory business or union dues— ator from Virginia. condition of employment if any part of such but that is no reason for them to sud- dues, fee, or payment will be used for politi- Mr. WARNER. Mr. President, I ask cal activities in which the national bank or denly change their position on cam- the distinguished leader if I may be corporation, as the case may be, is engaged; paign finance reform as a whole. designated as a cosponsor of his amend- and Most Americans would be shocked to ment. ‘‘(B) for any labor organization described learn that some workers in our Nation The PRESIDING OFFICER. Without in this section to collect from or assess its are forced to contribute to a candidate objection, it is so ordered. members or nonmembers any dues, initiation or campaign they don’t support or do Mr. WARNER. Mr. President, I com- fee, or other payment if any part of such not know anything about. They have mend the leader because there is no dues, fee, or payment will be used for politi- no way of directing where those funds more essential thing in America than cal activities. ‘‘(2) An authorized described in paragraph go. our freedom. It is written into every (1) shall remain in effect until revoked and Because of that abuse, this amend- important document. It is the very may be revoked at any time. ment, the Paycheck Protection Act, is foundation upon which our Republic ‘‘(3) For purposes of this subsection, the an essential element to genuine cam- was formed, yet we have turned aside term ‘political activities’ includes commu- paign reform. It requires that all polit- and winked at this process whereby the nications or other activities which involve ical contributions be voluntary. American worker is penalized in that carrying on propaganda, attempting to influ- The McCain-Feingold bill places re- he or she cannot exercise his or her ence legislation, or participating or inter- strictions on political parties, bans soft vening in any political campaign or political own free will in making the most fun- party.’’ money, and curbs the activities of damental of decisions: Whether or not (b) EFFECTIVE DATE—This section shall grassroots organizations. But it con- to have his or her paycheck involuntar- take effect two days after enactment of this tains a giant loophole: It allows cor- ily docked for a sum of money for Act. porations and unions to confiscate which in most instances they have no Mr. LOTT. Mr. President, I would money, for political purposes, from idea to what uses it will be put by peo- like to explain what just transpired. their employees’ and members’ pay- ple who make decisions for them. Mr. President, Senate procedure can checks without getting their permis- Then that same worker will exercise be sometimes confusing. So let me sion. This loophole must be closed. his or her right of freedom to go to a take a moment to go over what are the Senator MCCAIN himself stated that polling place and write in a check or amendments that were offered and he ‘‘personally supports much stronger pull a lever or whatever the procedure what is pending. [Beck] language.’’ He said he ‘‘believes may be by which he or she will exercise Under the unanimous-consent agree- that no individual—a union member or his or her freedom to select that indi- ment reached last week, Senator not—should be required to contribute vidual, Democrat or Republican, inde- MCCAIN modified his original McCain- to political activities.’’ This was on a pendent, whether it is for chairman of Feingold bill. I was then recognized to floor statement of September 26, 1997. the board of supervisors in the home- offer an amendment. The McCain-Feingold bill limits what town, President of the United States, The amendment I offered—the Pay- people can voluntary contribute for po- or whatever the case may be. To me it check Protection Act—will not wipe litical purposes, but it does not protect is a total anachronism to say that you out the underlying McCain bill, if it is people from being forced to contribute cannot make a decision with regard to adopted. On the contrary, if adopted, involuntarily to political campaigns. your paycheck, yet you are free to go this amendment would become part of We must require unions and corpora- into the polling booth and make that the bill. tions to get a worker’s permission be- decision. The other amendments I just offered fore taking money out of his or her This amendment is referred to as a were part of the process which is infor- paycheck for political purposes. poison pill. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10115 Mr. President, I ask unanimous con- Theirs not to reason why, sors of the modified bill recognized sent to have printed in the RECORD a Theirs but to do and die: that something must be done about en- sample of the type of thing that is Into the valley of Death forcing the Beck decision. being used today in certain States by Rode the six hundred. S. 25, our original bill, was silent on which that worker signs and sends into Mr. WARNER. That is the philosophy this point. We chose in the modifica- his or her respective employer his or behind this automatic deduction— tion to take the important step to cod- her written consent to do just what yours is not to reason why; you just do ify Beck. This step was not taken this amendment asks. as we tell you. That is antithetical. It lightly, and it should not be discounted There being no objection, the sample is not a poison pill to correct that and by those who want more. The fight was ordered to be printed in the have maybe six simple words which with my friends on the other side of RECORD, as follows: say, I hereby consent to have my pay- the aisle over this issue loomed large POLITICAL CONTRIBUTION WITHHOLDING check deducted in a certain amount. for some time. To be frank, this was AUTHORIZATION How can anyone in good conscience certainly one of the most contentious No employer or other person may withhold call that simple one sentence a poison issues we faced. In fact, inclusion of a portion of a Washington State resident’s pill? It is the exercise of the very es- Beck language in the bill nearly frac- earnings (or that of a non-resident whose pri- sence of democracy in this country and tured our bipartisan coalition. How- mary place of work is in Washington) in no longer adheres to the refrain ‘‘yours ever, in the end, all involved came to order to make contributions to a political is not to reason why.’’ committee that must report to the Public the same conclusion that I have today. The American worker is quite dif- We must put the goal of overall cam- Disclosure Commission or to a candidate for ferent in profile today than when this state or local office without annual, written paign finance reform first. By this I do permission from that individual. Completion statute, which they predicate the auto- not mean to say that workers’ rights of this form entitles the entity specified to matic deduction, was put in. Given a issues are second to any other subject. make such a withholding for no more than 12 few gray hairs and a few years, I bridge They are extremely important and are consecutive months. back to those thirties when so much of long overdue in being addressed, but I, (First Name, Middle Initial, Last Name) the labor legislation was enacted. That now is the time to debate campaign fi- authorize (Name of Employer or Other Per- laboring person was drawn from a seg- nance reform. We can turn to other son) to withhold ($ Amount per/pay period/ ment of society that was struggling for week/month/year/ from my earnings in order subjects in due time. to make political contributions to (Name, its very existence, would take any job, Mr. President, in the modified bill, City and State of political committee(s) and/ would follow any order, would accept we seek to codify the landmark 1988 or candidate(s) to receive deductions). any working condition just to have Supreme Court Beck decision. Presi- If more than one recipient is indicated, enough of an opportunity to provide for dent Bush did this by Executive order each is to receive the following portion of his or her family. in 1992 to the applause of the right and the deduction made: llllllll. This Fortunately, this country has pro- authorization is valid for no more than a condemnation of the left and the gressed today to where that is gone, unions. It was the right thing to do twelve consecutive months. It is effective on and today that working person is of an (Month/Day/Year) and expires on (Month/ then, and it is the right first step now. Day/Year). entirely different profile. They have Unfortunately, as we all know, elec- Signature: had the opportunity to get education, tions have consequences, and after win- Date: and many are still seeking to augment ning the White House, President Clin- According to state law, no employer or their education. They have the oppor- ton soon reversed course and repealed labor organization may discriminate against tunity to think for themselves. We are an officer or employee in the terms or condi- President Bush’s Executive order. This in a society today dominated by all bill would effectively reverse the actions of employment for (a) the failure to sorts of opportunities, be it on tele- contribute to, (b) the failure in any way to tions of President Clinton. The bill support or oppose, or (c) in any way support- vision or in schools or otherwise, to en- would require that all labor unions ing or opposing a candidate, ballot propo- hance one’s level of education and to give notice to nonunion individuals sition, political party, or political commit- develop, Mr. President, a thought proc- who are forced to pay agency fees antee. ess by which the American worker can nual notice of their Beck rights. Such TIMING OF CONTRIBUTIONS make many, many more decisions for notice would occur by mail and must Primary and General Contributions: With himself or for herself than at the time inform the worker how much money he the exception of contributions from a bona of the origin of these very oppressive or she could receive. Again, this notifi- fide political party organization or a legisla- statutes that we still struggle with cation must occur each and every year. tive caucus committee, no primary election today. contribution may be made after the date of If an employee chooses to utilize his So I commend the distinguished ma- or her rights, an employee would be the primary. jority leader. It seems to me anyone No general election contribution is per- able to notify the union of such action mitted after November 30 of the election who wants to call this a poison pill by mail and have his or her fees re- year from any contributor—except the can- should hold up that simple form, point duced accordingly. The Beck decision didate using personal funds for his own cam- to it and say that the exercise of the does not affect labor’s contributions to paign. right to simply say that I consent is a candidates from its PAC. The law al- Mr. WARNER. Mr. President, I re- poison pill. I call it, Mr. President, a ready restricts dues and fees from member a famous poem written years ‘‘freedom’’ pill, if you want to use that being used for any PAC activity. The and years ago, and I will insert in the phraseology. This is a ‘‘freedom’’ pill codification of Beck contained in the RECORD portions of it. But it related to for the ability of the American worker modified bill is not inconsequential. An military people around the turn of the to begin to think and exercise his or estimated 3 million of 19 million indi- century. It says: ‘‘Yours is not to rea- her own judgment. I commend those viduals working under labor contracts son why; yours is but to do or die.’’ who support this measure. I yield the are in union or agency shops where Mr. President, I ask unanimous con- floor. they must pay union fees even though sent that an excerpt of ‘‘The Charge of Mr. MCCAIN addressed the Chair. they are not members. If nonunion em- the Light Brigade’’ be printed in the The PRESIDING OFFICER. The Sen- ployees chose to invoke their rights, RECORD. ator from Arizona. unions would have to return up to $2.4 Mr. MCCAIN. Mr. President, very There being no objection, the excerpt million a year. briefly, reluctantly, I must oppose the was ordered to be printed in the On April 14, 1992, after President amendment before the Senate. I do so RECORD, as follows: Bush issued his Executive order, the not because I disagree with its intent. THE CHARGE OF THE LIGHT BRIGADE Cleveland Plain Dealer reported: II. In fact, I strongly support what it seeks to do. But, as with all difficult ‘‘Unions in truth have not been complying ‘‘Forward, the Light Brigade!’’ with Beck,’’ said Robert Duvin, a Cleveland Was there a man dismay’d? choices, a decision must be made. In lawyer who represents management on labor Not tho’ the soldier knew this case, I must decide that passage of issues. ‘‘It’s a joke. I am not saying workers Some one had blunder’d: overall campaign finance reform must don’t get their money back. Unions are not Theirs not to make reply, be the Senate’s first goal. The cospon- keeping the kind of accounting they should.’’ S10116 CONGRESSIONAL RECORD — SENATE September 29, 1997 The language in the modified bill will ate to move forward with debate on point and stated that he firmly be- go far to stop this ‘‘joke.’’ It will make campaign finance reform and resolve lieved in its constitutionality and, as I clear that Beck is the law of the land, this unrelated labor debate as soon as say, that letter will be updated very that it must be complied with, and possible. soon to include that. that the status quo is no longer accept- Mr. President, I yield the floor. Mr. MCCONNELL. I would say to my able. Mr. MCCONNELL addressed the friend from Arizona I am reading from As I noted, in 1992, when President Chair. the letter of September 22. It says, ‘‘We Bush took this action, it was widely The PRESIDING OFFICER. The Sen- do not all agree on the constitutional- applauded by Republicans as a good ator from Kentucky. ity of various provisions of the McCain- first step, and I admit it is exactly Mr. MCCONNELL. Mr. President, is Feingold bill itself, nor are we endors- that, a good first step, not comprehen- the Senator from Arizona going to stay ing every aspect of the bill’s soft sive action. Just as the bill before the in the Chamber? I would like to enter money and voluntary spending limits Senate is not all that I would want, it, into a colloquy with him if he is avail- provision.’’ too, is only a good first step. In both able for that. Is the Senator from Arizona then cases we must not let perfect be the If I could, I would ask my friend from suggesting that all 126 signatories to enemy of the good. I hope that we can Arizona, last Friday when the debate the letter endorse the independent ex- quickly resolve this issue. Now is not began, the substitute which the Sen- penditure and issue advocacy provi- the time for a debate on labor policy. ator from Arizona laid down today was sions of the modification? This amendment should be offered on not ready until today. Is the Senator Mr. MCCAIN. I am telling the Sen- other legislation. I would strongly sup- from Kentucky correct about that? ator from Kentucky that I am totally port debate on a freestanding bill. Per- Mr. MCCAIN. Of course. confident that all or the overwhelming haps all my colleagues could agree to Mr. MCCONNELL. And the letter majority of the 126 who signed this let- move to Senator NICKLES’ Paycheck from the Brennan Center in New York, ter will also sign and approve of the Protection Act immediately after de- which the Senator from Arizona and changes that we have made. Again, bate on campaign finance reform. I the Senator from Wisconsin received, fundamentally because there have been challenge my Democratic colleagues to was dated last Monday, September 22. reductions in the bill instead of an ex- come to the floor and pledge to allow So would the Senator from Kentucky pansion of it. the majority leader to bring the Nick- be correct in saying that the 126 sig- Again, Mr. Neuborne, who was the les’ Paycheck Protection Act to the natories to that letter probably had one who was the progenitor of this en- floor and to allow for full debate in the not seen the substitute which the Sen- tire letter and contacted all 126 people, regular order. Just as we are debating ator from Arizona laid down today? expressed his confidence that that campaign finance reform, we could Mr. MCCAIN. Of course, the Senator would also be the case. have a healthy debate on labor law, from Kentucky knows that the core of Mr. FEINGOLD. Will the Senator and that is the best way to deal with the bill basically remains the same. from Kentucky yield for a question? this issue. What we did was, as I mentioned in Mr. MCCONNELL. Let me just say Again, I urge my colleagues to work both my statement on Friday and there have been a whole series of out a solution to this matter that does again this morning, we did away with a cases—— not jeopardize passage of campaign fi- number of the provisions in the bill Mr. FEINGOLD. Will the Senator nance reform. Both sides of the aisle which would have guaranteed its fail- from Kentucky yield for a question? must come to an agreement to deal ure, not that we had in any way aban- Mr. MCCONNELL. Not at this time. with this subject without engaging in a doned the fundamental belief in those There have been a whole series of filibuster. A filibuster at this time will provisions of the bill, but we were not cases on issue advocacy. It is not in a doom campaign finance reform. There going to let the perfect be the enemy of gray area. In fact, the FEC’s enforce- will be plenty of blame to go around if the good. We are in contact with the ment actions and regulatory efforts to such action occurs. I hope the public Brennan Center, and they will update suppress issue advocacy have been will understand that any prolonged de- their views on this within a very short going on for a number of years. bate at this time is designed solely to period of time. So if the Senator from They have been involved in a number kill campaign finance reform. If we Kentucky has some concerns about of cases. I am looking at a whole list can’t come to some agreement to bring their being up to date with the latest here, FEC versus AFSCME, in 1979; this matter up freestanding, then I changes, let me calm his fears at this FEC versus CLITRIM, in 1980; FEC ver- hope my colleagues will allow us to time to tell him that we will be receiv- sus Machinists, in 1981; FEC versus vote on the matter. Let the will of the ing very soon another letter that ap- Massachusetts Citizens for Life, in 1986; majority of the Senate prevail. Then proves of the modified version. FEC versus—— we can and must continue under the Mr. MCCONNELL. Well, the original Mr. MCCAIN. May I ask the Senator regular order and proceed with other letter to the Senator from Arizona, from Kentucky, is our colloquy over or amendments. We should not let the which I have read, talks about party is it going to continue? prospects for passage of campaign fi- soft money and spending limits on Mr. MCCONNELL. I apologize to my nance reform come crashing down campaigns. The spending limits on friend from Arizona. I am now making based on the first amendment offered. campaigns portion, I understand, is not some observations about issue advo- Let me point out again, Mr. Presi- in the revision that the Senator from cacy. dent, I think we ought to go ahead and Arizona has sent to the desk. Mr. FEINGOLD. Will the Senator vote on this amendment, dispose of it According to my reading of the let- yield for a question? and move forward. I hope that we can ter, there is no mention of either inde- Mr. MCCONNELL. FEC versus Phil- do that soon, since it is an issue that is pendent expenditures or issue advocacy lips Publishing, in 1981; FEC versus Na- fairly well known to most of my col- provisions, which I assume are the tional Organization for Women; FEC leagues. same in the substitute as were in the versus Survival Education Fund, in Mr. President, on Friday, we began a original bill. Am I missing something, 1995; FEC versus Christian Action Net- historic debate on the issue of cam- or is the Senator from Arizona—— work, in 1996; FEC versus GOPAC, in paign finance reform. The Senate heard Mr. MCCAIN. The Senator from Ken- 1994; FEC versus Colorado Republican from many Members who feel very pas- tucky did miss something. I am sorry Federal Campaign Committee, in 1996. sionately on this subject. The Washing- he wasn’t able to attend our press con- Now, in all of those cases the Federal ton Post characterized the debate as ference that we held last week with Election Commission was trying to having ‘‘rare passion and eloquence,’’ Burt Neuborne, if you will look the snuff out issue advocacy. It was and that goes on both sides of this final signature for Burt Neuborne, rebuffed in all of those cases and, in issue. I think it is a tribute to the na- John Norton Pomeroy Professor of the case of FEC versus the Christian ture of this body that such a debate is Law, legal director, Brennan Center for Action Network, in the fourth circuit, now occurring. We must not allow this Justice, New York University School of the court was so angry at the FEC for opportunity to be lost. I urge the Sen- Law. He was queried on exactly that continuing to pursue these citizens September 29, 1997 CONGRESSIONAL RECORD — SENATE S10117 groups that it ordered the FEC to pay relating to the Brennan Center for Jus- vide an incentive to a candidate to the legal fees of the citizen group tice letter of September 22. limit his or her spending is unconstitu- which had been harassed by the FEC. First of all, the Senator from Ken- tional because, in his words, ‘‘It would Mr. President, there may be some tucky made a statement a few days put a gun to the head of a candidate, in things that are in a gray area in this prior to the release of that letter on effect forcing him or her to do so.’’ debate, but issue advocacy is not. The national television. He said something So watch the shifting constitutional court has been very, very clear, since to the effect as follows: RUSS does not argument. First, the Senator from Buckley, that it is impermissible for have one single constitutional scholar Kentucky focused his debate last year the Congress to shut these people up who supports his position. So I can un- against our bill on the PAC ban, which when they seek to criticize us. An ef- derstand the Senator from Kentucky is no longer in the bill. Then he focused fort to say that in proximity to the being a little tender about a letter on the soft money ban. Then he focused election they can’t criticize us would signed by 126 constitutional scholars on the issue of whether or not vol- be an exercise in futility. I mean, these that says exactly what it says. untary incentives could be given. In citizens have a right to band together. I would first like to ask the Senator each case, the Senator from Kentucky We don’t like it. I stipulate that I have from Kentucky if he ever heard any of concluded emphatically, on the floor been subjected, shall I say, to these us, either at the news conference or and off the floor, that it is plainly un- issue advocacy campaigns myself. I otherwise, purport that that letter in- constitutional. He does not have a leg don’t like it. I would rather not be cluded references to the issue of issue to stand on anymore; 126 constitu- criticized. But, as a practical matter, advocacy versus express advocacy? tional scholars have said to him: the courts are not going to allow us to Mr. MCCONNELL. I did not. I want to Wrong, wrong, and wrong. shut these people up just because we commend the Senator from Wisconsin So now he is moving to another dis- find what they say about us offensive. for bringing that up, because it proves cussion. Now he is going to put up an- The enforcement actions that I men- precisely my point, that the constitu- other figleaf in front of this obvious at- tioned are just the tip of the iceberg, tional scholars are not certifying to tempt to keep the current system in since many enforcement actions never the constitutionality of the issue advo- the form of a—— progress beyond the administrative cacy or independent expenditure provi- Mr. MCCONNELL. Mr. President, I levels. But these administrative inves- sions of the bill. I think the Senator would caution the Senator from Wis- tigations can be equally chilling on from Wisconsin has made an appro- consin that this is supposed to be a free speech. priate correction. civil debate. I don’t know whether he is The FEC has attempted to buttress Mr. FEINGOLD. That is right, Mr. violating rule XIX or not, but I have its position regulating issue advocacy President, because this is nothing but a the floor. by extensive regulatory proceedings re- red herring. The Senator from Ken- The PRESIDING OFFICER. The Sen- sulting in the adoption of the following tucky does not like what the letter ator from Kentucky has the floor. regulations, which have been invali- says, so he is trying to pretend that we Mr. MCCONNELL. I have yielded dated by the courts. actually said it said something else, temporarily to the Senator from Wis- The FEC has been on this mission to and then get me to say it did not say consin. I would like to have a debate shut these people up for a long time. So that. about this constitutional principle. they issued a variety of different regu- Let me ask the Senator from Ken- Mr. FEINGOLD. Mr. President, I rec- lations, 11 CFR 114.4(b)(5), which was tucky whether he, in reviewing the let- ognize the comments of the Senator invalidated in Faucher versus FEC, in ter, recognizes that there are two main from Kentucky. Let me just go back to 1991; 11 CFR 114.1(e)(2), invalidated in points to the letter, one is the view of a question, in fairness. The fact is that Chamber of Commerce versus FEC, in these 126 scholars that a ban on soft the provisions that we have placed in 1995; 11 CFR 100.22, invalidated in money is constitutional; and, second, the bill, the modified bill, with regard Maine Right to Life Committee versus that a system that would provide vol- to the issue of candidate advocacy ver- FEC in 1996; 11 CFR 114.10, invalidated untary incentives to candidates who sus issue advocacy are not identical—— in Minnesota Citizens Concerned for agree to some limits on their spending Mr. MCCONNELL. Is the Senator Life versus FEC, in 1995; 11 CFR would also be constitutional? asking a question? 114.4(c)(4) and (5) invalidated in Clifton Mr. MCCONNELL. I would say to my Mr. FEINGOLD. I am about to ask a versus Federal Election Commission, friend from Wisconsin, that is precisely question—are not identical to those in in 1996. what I was saying. That is what the the bill last year. In fact, I would ask I don’t know who these constitu- constitutional scholars, in the letter the Senator from Kentucky if he is tional scholars are. I am not prepared released by the Senator from Arizona aware that the provisions we have just to argue with the Senator from Ari- and the Senator from Wisconsin, were put in the modification are different zona or the Senator from Wisconsin talking about. It’s their view of what a than any that we have introduced be- that they all went to law school. But court would likely rule in the case of fore? this business of seeking to regulate the soft money and in the spending limits Mr. MCCONNELL. I would say, Mr. expressions of citizens against our vot- proposals, since dropped, that would President, that I am aware the bill has ing records doesn’t have any chance at apply to individual campaigns. That been evolving. I am aware issue advo- all of being upheld in the courts. I was precisely the point the Senator cacy is different now, in the revised would hope the Senate would not waste from Kentucky was trying to make, bill, than it was originally. its time engaging in some ill-conceived that the constitutional scholars are Mr. FEINGOLD. Will the Senator idea here to try to keep people from not certifying that they believe that from Kentucky acknowledge that the criticizing our records. It is a clear vio- provisions of the bill related to issue notion of a bright-line test with regard lation of the first amendment. advocacy or independent expenditure to issue advocacy is not the same as So, it seems to this Senator that that are constitutional. some of the other approaches? is something we ought not to be engag- Mr. FEINGOLD. Of course the Sen- Mr. MCCONNELL. Mr. President, re- ing in. As the Senator from Arizona ator from Kentucky is correct. The gaining the floor, let me suggest to the pointed out, that provision of McCain- very reason we would have asked for Senator from Wisconsin that the Feingold remains largely the same as such a letter to be signed by 126 con- bright-line test probably makes it even it was in the original version. stitutional scholars is that for years more unconstitutional. I think it is in- I see my friend from Wisconsin is on the Senator from Kentucky has said conceivable that the courts would say his feet and would like to engage in a that it is unconstitutional to ban soft that you can criticize a Member of colloquy. I had in mind asking him a money, even though the Senator from Congress anytime you want to, except few questions as well, so I will be Kentucky proposed a bill in the 103d right before an election. happy to yield to him for a question. Congress that would ban soft money Let me say with regard to this ongo- Mr. FEINGOLD. Mr. President, I himself. He has stood on the floor of ing discussion of constitutional schol- thank the Senator from Kentucky. I the Senate repeatedly, year after year, ars that I don’t know how many of the just want to go over a couple of points and said that a system that would pro- constitutional scholars in the letter S10118 CONGRESSIONAL RECORD — SENATE September 29, 1997 presented by the Senator from Arizona regard to the comments the Senator Senator from Arizona did, too—that and the Senator from Wisconsin have was just making. they hoped to offer an amendment to actually practiced these cases in court. If the Senator will yield for a ques- restore the individual spending limits I don’t know the answer to that. It tion, does the Senator realize that the on campaigns, if they were given such could be that many of them have. But person who put the letter together, Mr. an opportunity. Is that correct? the American Civil Liberties Union, Burt Neuborne, New York University Mr. FEINGOLD. Let me respond to which was cocounsel to Senator Buck- Law School, was the former executive that in a slightly different way. An- ley in the 1996 case and has handled a director of the ACLU? other point I wanted to clear up in re- lot of this litigation over the years, be- Mr. MCCONNELL. Right. Also Pro- sponse to that question, the Senator lieves that the provisions of the fessor Neuborne believes that the from Kentucky is suggesting that there McCain-Feingold substitute with re- Buckley case was a mistake. He has are no spending limits in our base bill. gard to issue advocacy is unconstitu- been very candid about that. He be- That is incorrect. Our bill, the modi- tional. lieves that Thurgood Marshall was fication that was just offered, does pro- The American Civil Liberties Union wrong when he said spending is speech. vide that a candidate who wants to get is America’s expert on the first amend- So Professor Neuborne, I would say, the coordinated party expenditure ben- ment. It is true that the Senator from has been very candid about his views. efit from their party has to limit their Wisconsin has diligently searched for He has a view that is contrary to the personal wealth contribution to no years and managed to come up with state of the law. more than $50,000. some folks who will sign a letter say- Mr. FEINGOLD. Doesn’t the ACLU So the fact is that provision, which ing this is constitutional. I said last also take the position that the Buckley these 126 constitutional scholars have suggested is perfectly constitutional, is week I could probably find 126 people case was wrong? Mr. MCCONNELL. The ACLU didn’t in our base bill. The Senator is, of who say the Earth is flat. But, the ex- like every aspect of it. They didn’t like course, correct, that we do intend to perts on the first amendment, the the fact that the Court decided it was add—in fairness to his comment—we do American Civil Liberties Union, be- permissible to put a limit on contribu- intend to add an amendment that lieve that these provisions are not con- tions. The ACLU felt that even the would go further, that would, in fact, stitutional. contribution limit, Mr. President, was bring back some of the other proposed Let me just read from a letter earlier a violation of free speech. They didn’t voluntary limits that would then be this year, to me from the ACLU, re- win that one, but they won the rest of coupled with what we hope would be an garding independent expenditure provi- the case. incentive for reduced cost for tele- sions in McCain-Feingold at that time. Thurgood Marshall said spending is vision time. We hope to add that to the The new restrictions on independent ex- speech, and all nine Supreme Court bill, but the concept is already in the penditures improperly intrude upon that Justices said spending is speech. I core area of electoral speech, and base bill. impermissibly invade the absolutely pro- heard the Democratic leader out here Mr. MCCONNELL. I stand corrected, tected area of issue advocacy. Friday talking about a 5-to-4 case. It Mr. President. There is a partial spend- wasn’t a 5-to-4 case. It was 9 to 0 that ing limit in the remaining bill. In any Mr. President, the ACLU went on: spending is speech. My friend from Wis- event, I am sure I haven’t Two basic truths have emerged with crys- mischaracterized the position of the tal clarity after 20 years of campaign finance consin wanted to ask a question or ob- decisions—[20 years]. First, independent ex- serve—— Senator from Wisconsin. He likes penditures for express electoral advocacy by Mr. FEINGOLD. Mr. President, does spending limits. He thinks that too citizens groups about political candidates lie the Senator from Kentucky consider much money is being spent in Amer- at the very core of the meaning and purpose Lawrence W. Knowles, University of ican campaigns; is that correct? of the first amendment. Second, issue advo- Louisville School of Law, qualified to Mr. FEINGOLD. It is not correct that cacy by citizen groups lies totally outside discuss these issues? I like mandatory spending limits, Mr. the permissible area of Government regula- Mr. MCCONNELL. I don’t know President. I believe that under the tion. Larry Knowles, but a professor of mine Buckley versus Valeo decision—which This bill assaults both principles. at the University of Kentucky Law the Senator knows I accept because I So, Mr. President, I am not disputing School I noticed was a signatory to oppose a constitutional amendment for a moment that the Senators who your letter, I say to my friend from that would require mandatory spending are the principal sponsors of this bill Wisconsin. limits—I believe that under that deci- have found some folks who went to law Mr. FEINGOLD. Thank you, Mr. sion, it is permissible and appropriate school who were certifying that they President. to offer voluntary spending limits, and believe this bill is constitutional. But I Mr. MCCONNELL. One of my former that is the kind of spending limit that am suggesting that the people who liti- professors is a signatory of your letter. I would support. I would not support a gated in this area, the lawyers, the dis- I think we haven’t persuaded him—— constitutional amendment, for exam- tinguished lawyers who have litigated Mr. FEINGOLD. Can we safely as- ple, to require mandatory spending in this area for the last 20 years, who sume the two signatories with a good limits. were involved in the original case, the Kentucky background know what they Mr. MCCONNELL. Well, Mr. Presi- Buckley case, that went to the Su- are talking about? dent, the original McCain-Feingold bill preme Court, believe that these provi- Mr. MCCONNELL. I don’t know what seeks to, shall I say, entice people into sions on independent expenditures and they know about this kind of litigation limiting their spending, and the Sen- issue advocacy are fatally flawed. and the first amendment, but I won’t ator has often said he thinks there is I rest my case. I guess we can all sort dispute the fact that 126 people signed too much money in politics and we of pick our own expert and decide who this letter. I hope the Senator from should be able to entice people into we want to rely on, depending upon the Wisconsin won’t dispute that Professor limiting their spending. So I would just outcome that we want to achieve. But Neuborne disagreed with the Buckley like to ask the Senator how much is I think most people would believe that decision, thinks it was wrong and for 24 too much? How much spending is too the first amendment lawyers at the years has been trying to argue that much? American Civil Liberties Union know a somehow the Court ought to reconsider Mr. FEINGOLD. Mr. President, I little bit about this area of litigation. this and change its mind even while don’t believe it is my language that I want to take a few moments to pose the Court has been going more and there is such a thing as too much a few questions to my friend from Wis- more in the direction of permissible po- money. It is all in context, and the consin, if I may. litical speech. context is this: If somebody chooses, as (Mr. DEWINE assumed the chair.) So, Mr. President, I still have the they may under their constitutional Mr. FEINGOLD. Mr. President, if I floor, I believe, and if the Senator from right, to spend as much as they want, may, I have a couple of questions relat- Wisconsin is up for a few more ques- I believe we should establish a system ing to the letter itself I would like to tions, I would like to ask him a few. whereby a person who is challenging ask, and then I will be happy to yield I gather that the Senator from Wis- that person has a chance to at least get for those questions, if I could, just with consin said last Friday—I know the their message out. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10119

So I don’t have any theoretical limit times voting age population less than Mr. MCCONNELL. If I may regain my that I believe in. If Michael Huffington or equal to 4 million plus 25 cents time, the answer is I don’t think the wants to spend $30 million in Califor- times the voting age population great- Government should be determining nia, that’s his right, but it is my belief er than 4 million. how much speech there is in any Sen- that we ought to provide some kind of So in the case, I say to my friends ate race, I don’t care what the size of incentive to those who would volun- from Utah and Wisconsin—but there is the State is. tarily limit their spending so they one State that is different. In the case I see my friend from Utah standing could have a fair chance to get their of New Jersey, where they have only up again. Here is an explanation that I message out. one VHF station, the formula is dif- think will help the Senator from Wis- I don’t accept the premise of the Sen- ferent. It is 80 cents and 70 cents in- consin. Obviously, he hopes that people ator’s question, that I believe there is stead of 30 cents and 25 cents. More- will accept their spending limits and some sort of a magical number. What I over, the minimum general election the provision in their measure that want is some kind of fairness in the limit is $950,000, maximum being would make it pretty hard not to, be- system, some kind of leveling the play- $5,500,000. That is for any State, no cause if you don’t accept the spending ing field so not just multimillionaires matter how big. And then the primary limits, you have to pay way more for would get to participate. is 67 percent of the general limit, and television than somebody who doesn’t. Mr. MCCONNELL. In the McCain- the runoff limit is 20 percent of the It is my view the courts would strike Feingold bill, there is a State-by-State general. that down as unconstitutional because formula for how much one would be I am a little confused here. I gather they are punishing you if you choose to permitted to spend if he ‘‘voluntarily’’ that means that you can spend more express yourself too much. You get accepted the spending limit. Now, what per voter in New Jersey than you can punished because you have to pay more would that add up to in the 1998 elec- in Utah; is that right? for your broadcast time. tions? Do you have a calculator there, Mr. FEINGOLD. Is the question being Clearly, the Senator from Wisconsin or does your staff have a calculator to posed to me? wants people to accept the spending give us a sense— Mr. MCCONNELL. Yes, it is your bill. limit, and I would argue the spending Mr. FEINGOLD. You are asking I want to ask you about it. limit in the original McCain-Feingold about the total amounts for all the Mr. FEINGOLD. I will be happy to re- is not voluntary at all because the States put together? spond to that question. First of all, of Government basically has a gun to Mr. MCCONNELL. There is a formula course, this provision is not what is be- your head. in the McCain-Feingold bill, as I under- fore us at this point. Nevertheless, I do If you do not accept it, it costs you a stand it, that specifies how much believe in the system of overall vol- heck of a lot of money. It gets back to spending would be allowed in various untary spending limits, and the real this formula we were just discussing. States. Do you know what that would driving force behind that is a concern The measure’s spending limits are add up to in the 1998 election? about television costs. Any modifica- based on a formula that takes each Mr. FEINGOLD. Of course, Mr. Presi- dent, that is an inaccurate statement tions or changes in the formula that State’s voting age population into ac- of what the bill does. It does not pro- had to do with a State-by-State dif- count. The basic general election vide limits. It says only that if a per- ference without a doubt had something spending limit is $400,000, plus 30 person agrees to a stable or certain figure, to do with the question of what does it cent per voter up to 4 million of the depending on the size of the State, that cost to run a television campaign in a voting age population and 25 percent those individuals would get the bene- U.S. Senate race. per voter in excess of 4 million of the fits provided by the bill. There is no I find it slightly amusing that the voting age population. automatic limit. Anyone can go over Senators question me about language I say to my friend from Utah, it ap- the limit if they want to, if they are that my colleague from Arizona used pears as if the voters in excess of 4 mil- willing to forfeit the benefits. about limiting spending in campaigns, lion do not get as much spent on them Mr. BENNETT. Mr. President, will when the Senator from Kentucky, in S. as the voters below 4 million. So pre- the Senator yield for an additional 7, 103d Congress, had a bill entitled ‘‘To sumably you do not speak as much to question? amend the Federal Election Campaign the people over 4 million as you do to Mr. MCCONNELL. I yield to the Sen- Act of 1971 to reduce special interest the people under 4 million. But then ator from Utah for a question? influence on elections, to increase com- the general election spending limit can Mr. BENNETT. I recall in Friday’s petition in politics, to reduce campaign be no lower than $950,000. So presum- debate when the Senator from Arizona costs, and for other purposes.’’ ably if you are in a little State, it can- laid down the three fundamental pur- The point is, actually all three of us not go below $950,000 or more than $5.5 poses of McCain-Feingold, and the sec- agree that you should not mandatorily million in any State. That presumably ond of those three was to lessen the limit campaign spending. would limit California to $5.5 million. amount of money in politics. So I Mr. MCCONNELL. But it is the hope Then the basic primary election spend- think the question of the Senator from of the Senator from Wisconsin that ing is two-thirds of the general election Kentucky is a legitimate one: How somebody would accept these ‘‘vol- spending limit, but not more than $2.75 much do the sponsors of McCain- untary’’ spending limits. million in any State. Feingold want to lessen the amount of Mr. FEINGOLD. Of course, it is my If I could read on just a minute be- money in politics? hope they would accept them, but only fore taking the question of the Senator According to the Senator from Ari- voluntarily, so that not a single person from Utah. zona, that is one of the three fun- in this country is forced to give up The proposed legislation creates damental pillars of this, and I hope the their free speech rights. That is not a some incredible anomalies that have two Senators will continue the col- part of our bill. The whole premise of been omitted from the public debate. loquy until we get an answer to that reducing the amount of money in poli- Incredible? How else to describe a law, question: How much do the sponsors of tics is not to deny anyone their rights, when figured on a per-voter basis, that McCain-Feingold want to lessen the but, in appropriate cases, to encourage would allow a Senatorial candidate in amount of money in politics? people to limit their spending so we Wyoming to spend almost 11.5 times Mr. MCCONNELL. I thank my friend can have fair races, so we don’t have a the amount that could be spent by a from Utah. Let me just read the for- scenario like the one that we have now candidate in California? mula that is in the McCain-Feingold where a Senate race, on average, costs With a 22.8 million voting age popu- bill. I say to my friend from Utah, that $4.5 million or $10 million or $15 mil- lation, the biggest of any State, Cali- might be helpful in giving my col- lion. fornia, under the McCain-Feingold league from Wisconsin an opportunity I would be curious if either the Sen- scheme, gets the biggest spending to answer the question, How much is ator from Utah or the Senator from limit. If figured on the same basis as too much? Kentucky believe there is any amount other States, California spending would The formula, as I understand it, in of money that is inappropriate in be $10.5 million; but, in fact, it is the original bill is $400,000 plus 30 cents terms of a U.S. Senate race? capped at $5.5 million. But California is S10120 CONGRESSIONAL RECORD — SENATE September 29, 1997 the only State where maximum spend- count—or if you decide to speak too huge incentive which the Senator from ing limits, $5.5 million per general and much, you pay more for your speech. It Kentucky describes as a gun pointed at $2.75 million for a primary election is just one of the many problems with your head to see to it that you are vol- would be applied; thus, California’s the spending limits regime with which untary. So it is not voluntary. This is total campaign spending is $8.25 mil- the Senate has been confronted not the question I had in mind. lion for the general election, which just in this debate, but at various We have an example before us of peo- works out, Mr. President, to about 24.1 times over the last decade. ple giving up their constitutional cents per voter. And I ask my friend from Utah, is a rights in return for Federal dollars. Not too far away from California, in voter in Wyoming entitled to more of a There are some who are so unkind to Wyoming, the State with the least pop- campaign than a voter in California? call that a bribe. But in the Presi- ulation where there are only 344,000 Mr. BENNETT. Mr. President, if I dential system now, virtually every people of voting age, the spending limit may respond to my friend from Ken- candidate for President accepts the would be $503,200 if it were not for the tucky, I know a little bit about cam- bribe; that is, he or she accepts the laws of minimum limit of $1.586 mil- paigns in Wyoming because a large por- Federal dollars in return for agreeing lion, general election and primary election of the Wyoming electorate is to limit their speech. The Senator from tion, $636,000. The general election served out of the television market Wisconsin says, no, every American spending limit works out to $2.74 per headquartered in Salt Lake City, UT. has a constitutional right not to accept voter. As a consequence, voters in Utah were that money and to go ahead on their Mr. President, over in California treated to attack ads telling us how own. under the spending limits regime in the terrible Mr. ENZI was in the last cam- Isn’t it true that the only two can- McCain-Feingold bill, which is not in paign. We had no idea who he was. I did didates who have been able to run for the substitute but will be offered as an not meet him until he was sworn in President without accepting the Fed- eral money and mount anything ap- amendment if given the opportunity, a here. But I had seen all of the attack proaching a worthwhile campaign are voter in California is treated to 24.1 ads that were put on through the Salt Ross Perot and Steve Forbes, both of cents in campaigns while Wyoming is Lake City television stations attacking whom approach billionaire status? Is $2.76 per voter. the senatorial candidate in Wyoming. Putting this in a different perspec- By contrast, if I may, our friend from that a correct summary of what the tive, the McCain-Feingold legislation Delaware, Senator BIDEN, has told us Presidential system that is constitutional has brought us to? allows senatorial candidates in Califor- that Delaware has no television outlets Mr. MCCONNELL. The Senator from nia to engage in first amendment pro- at all in the State. As a consequence, if he is going to run a television cam- Utah is entirely correct. Even people tective activity at a level of financial like Ronald Reagan, who opposed the activity that is barely one-tenth of the paign in Delaware, he has to do all of his buying in Philadelphia, so that the Federal Election Campaign Act of 1974, amount that a candidate could spend in always checked no on his tax return as Wyoming. To achieve parity so that voters of Pennsylvania get to hear all of the glories and beauties of JOE a protest against using tax dollars for the voters in the two States receive the the Presidential campaign. He had no same level of general election cam- BIDEN, none of whom can vote for him because he cannot buy television time choice because the contribution limit paigning from their U.S. Senate can- on candidates for President was only didates would require California can- in Delaware. What the Senator from Kentucky has $1,000. You simply could not raise didates to spend an amount that is 11.5 demonstrated is how incredibly dif- enough to compete for President unless times greater than allowed in the ficult it is to craft legislation that ap- you accepted the bribe that the Gov- McCain-Feingold bill, a whooping $63.25 proaches the ideal sought by the Sen- ernment offered you to give you so million; or you could reduce the ators from Arizona and Wisconsin in a much money to limit your speech. amount that could be spent in Wyo- market-by-market, State-by-State, There was simply no choice. And that ming to $82,600. election-by-election circumstance. It is kind of choice, it seems to me, is simi- Now, why do I bother to mention this virtually impossible to do that. We lar to what we have here and is really Mr. President? This is truly a Rube ought to recognize that and defeat the quite unfortunate for candidates be- Goldberg scheme. ‘‘We are here from whole thing out of hand. cause it restricts their options. the Government to help you,’’ and we Mr. MCCONNELL. Would it not be If I may just for a moment go back to have concocted this spending limit re- appropriate to say, I say to my friend the spending limit analogy while my gime up here in the Government so from Utah, that the Government has friend from Utah is still up, another ex- that the voters in these various States no business doing that anyway? ample would be to compare New Jersey will not be tainted by too much expres- Mr. BENNETT. Of course the Govern- to New York, two States right next to sion being directed at them in the ment has no business doing that. That each other. In New Jersey they are able course of their campaigns. But as often is the point we made on Friday when to spend more money on a candidate is the case when the Federal Govern- we were having the debate. Even if we than in New York, even though New ment tries to micromanage something, grant the argument raised by the Sen- York has more than twice as many vot- particularly something so difficult as ator from Wisconsin and his 126 experts ing age residents as New Jersey. Two micromanaging political expression, that it can be done in a way that is States right next to each other, people you end up with a sort of absurd result. constitutional, we recognize that it commuting back and forth to work all Mr. President, the reason I talk cannot be done in a way that makes the time, and yet somebody in the Gov- about these spending limits is that sense. ernment determines that the voters of they are in the original McCain- It is possible to craft a system that New Jersey are entitled to more com- Feingold bill. Senator MCCAIN, Senator meets the narrow requirements of the munication than the voters in New FEINGOLD do intend—if they have the Constitution in terms of protecting York under the formula in the original opportunity—to offer that amendment free speech, but it is not possible to do McCain-Feingold bill. to give the Senate an opportunity to go one in a way that makes any logical Does that strike the Senator from on record as saying that California vot- sense at all. Utah as really very difficult to under- ers only get 24.1 cents spent on them I had risen to ask my colleague this stand? while Wyoming voters get $2.76. This question about the example we have Mr. BENNETT. As I said at the out- scheme is something that they want us before us. We are being told this is con- set, it demonstrates just how ridicu- to sanction. stitutional because it is voluntary. And lous it is for the Federal Government Mr. President, this is an extraor- I suppose that is the reason these 126 to get into the business of determining dinarily difficult concept for people of scholars have signed the letter. As long who can spend what and for how much average intelligence to understand. Be- as you agree in advance to give up your in a constitutional way. You end up so sides the constitutionality problem, constitutional rights, then the Con- contorted and distorted in your at- they are also saying that in order to stitution will not defend you. tempt to get around the obvious con- speak more you have to pay more—and The Senator from Kentucky has said stitutional ban on this kind of non- you do not get the broadcast dis- it isn’t really voluntary. There is a sense that you create a circumstance September 29, 1997 CONGRESSIONAL RECORD — SENATE S10121 that virtually no one can defend on There being no objection, the mate- This is an example of what has been called practical grounds: More money going rial was ordered to be printed in the ‘‘the Latin Americanization’’ of American for a candidate in New Jersey than for RECORD, as follows: law—the proliferation of increasingly rococo a candidate in New York, different laws in attempts to enforce fundamentally [From the Washington Post, Sept. 28, 1997] flawed laws. Reformers produce such laws rules applying to a candidate in Dela- HERE COME THE SPEECH POLICE from the bleak, paternalistic premise that ware than apply to a candidate in Wyo- (By George F. Will) unfettered participation in politics by means ming. Almost nothing that preoccupies Washing- of financial support of political speech is a All of this is voluntary, but it be- ton is as important as Washington thinks al- ‘‘problem’’ that must be ‘‘solved.’’ comes voluntary because there is a most all its preoccupations are. But now One reason the media are complacent huge bribe out there waiting for you if Congress is considering some version of the about such restrictions on (others’) political you agree to give up your constitu- McCain-Feingold bill, which raises ‘‘regime- speech is that restrictions enhance the power level’’ questions. It would continue the of the media as the filters of political speech, tional rights. I think it is absurd. and as unregulated participants in a shrunk- I was delighted over the weekend to change for the worse of American governance. And Washington’s political class hopes en national conversation. Has the newspaper read the comments of George Will, who the bill’s real importance will be underesti- in which this column is appearing ever edito- said that this debate is one of the most mated. rialized to the effect that restrictions on po- fundamental we have had since the With a moralism disproportionate to the litical money—restrictions on the ability to founding of the Republic. I had not merits of their cause, members of that buy broadcast time and print space and thought to put McCain-Feingold in the class—including the exhorting, collaborative other things the Supreme Court calls ‘‘the indispensable conditions for meaningful same fashion that George Will does, media—are mounting an unprecedentedly sweeping attack on freedom of expression. communications’’—do not restrict speech? If but he describes it as similar to the this newspaper ever does, ask the editors if speech codes adopted in many of our Nothing in American history—not the left’s recent campus ‘‘speech codes,’’ not the they would accept revising the First Amend- campuses, the excesses of the 1950’s in right’s depredations during 1950s McCarthy- ment to read: the days of Joseph McCarthy, the 1920’s ism or the 1920s ‘‘red scare,’’ not the Alien ‘‘Congress shall make no law abridging the speech activity, the Alien and Sedition and Sedition Acts of the 1790s—matches the freedom of the press, but Congress can re- Acts, but he says all of those are less menance to the First Amendment posed by strict the amount a newspaper may spend on campaign ‘‘reforms’’ advancing under the editorial writers, reporters and newsprint.’’ significant in their threat to a fun- As Sen. Mitch McConnell, the Kentucky protective coloration of political hygiene. damental liberty than this one because Republican, and others filibuster to block Such earlier fevers were evanescent, leav- they came and went in the frenzy of enlargement of the federal speech-rationing ing no institutional embodiments when par- the day. This one would leave behind a machinery, theirs is arguably the most im- ticular passions abated. And they targeted portant filibuster in American history. Its huge Federal bureaucracy aimed at speech of particular political content. What importance will be attested by the obloquies producing exactly the kind of results today’s campaign reformers desire is a stead- they will receive from the herd of independ- the Senator from Kentucky is talking ily thickening clot of laws and an enforcing ent minds eager to empower the political about, laying out that this candidate bureaucracy to control both the quantity class to extend controls over speech about it- and the content of all discourse pertinent to in this State can spend this much, and self. as soon as he steps across the State politics. By the logic of their aims, reformers line, if he decided to run in another cannot stop short of that. This is so, regard- Mr. MCCONNELL. Mr. President, I State, then the rules would change, the less of the supposed modesty of the measure yield for a question to the Senator Congress is debating. limits would change, the circumstances from Virginia. Reformers first empowered government to Mr. WARNER. Mr. President, I won- would change. regulate ‘‘hard’’ money—that given to par- der at this point in time if I just might That kind of Federal bureaucracy in- ticular candidates. But there remains the make some follow-on comments to my truding itself into the campaign even if ‘‘problem’’ of ‘‘soft’’ money—that given to earlier observation. Would the Senator it were through some tortuous method parties for general political organizing and be agreeable? of gaining consent on the part of those advocacy. Reformers call this a ‘‘loophole.’’ Mr. MCCONNELL. I will. involved, constitutionally it remains Reformers use that word to stigmatize any silence of the law that allows unregulated Mr. WARNER. Mr. President, earlier clearly violative of the spirit of the political expression. So now reformers want I talked in support, the strongest sup- first amendment, if not the specific let- to ban ‘‘soft’’ money. But the political class port, of the distinguished majority ter. I believe the courts would strike it will not stop there. leader’s amendment. Mr. President, I down. Its patience is sorely tried by the insuffer- rise today to address the issue of cam- Mr. MCCONNELL. Mr. President, I able public, which persists in exercising its First Amendment right of association to or- paign finance reform. As chairman of see the Senator from Virginia is on his the Committee on Rules and Adminis- feet. I just want to make one wrapup ganize in groups as different as the Sierra Club and the National Rifle Association. One tration, I have spent a great deal of observation about what the Senator reason people so organize is to collectively time with these issues over the past 2 from Utah was just talking about. exercise their First Amendment right of free years. I appreciate the effort by the The George Will column to which he speech pertinent to politics. Therefore re- majority leader to bring campaign fi- referred was in the Washington Post formers want to arm the speech police with nance reform to the floor for debate, yesterday. And just to pick out some additional powers to ration the permissible and I welcome the opportunity to join excerpts, Mr. Will said, ‘‘Nothing in amount of ‘‘express advocacy,’’ meaning speech by independent groups that advocates in this important debate. American history * * * matches the The Rules Committee has held 10 menace to the First Amendment posed the election or defeat of an identifiable candidate. hearings in 1996 and 1997 concerning by campaign ‘reforms’ * * *’’ But the political class will not stop there. campaign finance reform issues. Many Further, Mr. Will said, ‘‘Thus is the Consider mere issue advocacy—say, a tele- of these hearings dealt with the spe- First Amendment nibbled away, like vision commercial endorsing abortion rights, cific issues contained in the legislation an artichoke devoured leaf by leaf,’’ mentioning no candidate and not mentioning commonly known as McCain-Feingold, which is what the Senator from Utah voting but broadcast in the context of a cam- such as soft money, free television was talking about. paign in which two candidates differ about time, regulation of issue advocacy, and And toward the end of the article he abortion rights. Such communications can influence the thinking of voters. Can’t have spending caps. The committee has called this ‘‘the most important [de- that, other than on a short leash held by the compiled a detailed record on these is- bate] in American history’’ because government’s speech police. So restriction of sues for the Senate. During these hear- really what we are talking about here hard money begets restriction of soft, which ings, we have heard from many noted is core political discussion in this begets regulation of issue advocacy—effec- experts in this field, including many of country, as the Senator from Utah has tively, of all civic discourse. the same witnesses who appeared be- pointed out. The political class is not sliding reluc- fore the Committee on Governmental Mr. President, I ask unanimous con- tantly down a slippery slope, it is eagerly Affairs last week. skiiing down it, extending its regulation of sent that George Will’s column, the political speech in order to make its life less My view of how the campaign finance headline of which says ‘‘Here Come the stressful and more secure. Thus is the First debate will evolve is as follows. Demo- Speech Police,’’ be printed in the Amendment nibbled away, like an artichoke crats argue that the Republicans must RECORD. devoured leaf by leaf. rely even more on contributions from S10122 CONGRESSIONAL RECORD — SENATE September 29, 1997 individuals—hard money—and less on of dues teachers were required to con- tened to. I think he has made a major large soft money contributions. Repub- tribute for partisan activities. Our contribution in providing some balance licans argue that the Democrats, who committee listened to these workers to this important constitutional de- have relied heavily on the involuntary and they came forward at some risk to bate. confiscation of the dues of union mem- themselves to give this important tes- Mr. WARNER. Mr. President, I thank bers, must agree that union members timony. my distinguished colleague. Indeed, we must give their advance, written con- At the appropriate time I hope to ask have not fully agreed on all provisions sent before a part of their paycheck the sponsors of this legislation whether that are options throughout this whole should go to partisan political activi- or not they have taken it upon them- realm of campaign finance, but fun- ties. selves to go out and talk to the work- damentally we certainly agree on the I received a letter from President ers and find out exactly how they feel question of the mandatory deduction. Clinton last Tuesday in support of about this onerous requirement of We went to the difficulty of finding McCain-Feingold. He added that ‘‘any mandatory deduction. I will await the witnesses and brought them to the attempts to attach amendments that opportunity to talk to one or more of hearing room and listened to their tes- would make it unpalatable to one the sponsors or both on this point when timony. party or another are nothing less than they have that availability. It is ever so clear to this Senator, attempts to defeat campaign finance Now I have read that the new version and I am sure the other members of the reform.’’ I understand that latest ver- of McCain-Feingold may include a pro- committee, that throughout America sion of McCain-Feingold does not in- vision to enforce the Beck decision and the workers want to be recognized for clude a requirement that union mem- require posting of notices that employ- their ability to think for themselves bers give prior, written consent before ees can receive refunds. This idea, al- and their ability to make decisions for their dues could be used for partisan though certainly better than the status themselves. This whole idea of manda- purposes. This Senator will support an quo, is not nearly good enough. tory deduction is against free will—I amendment to add this requirement, Effective enforcement of Beck is dif- think, indeed, against the very essence and I say that if the Democrats decide ficult at best. The posting of a small of what freedom is all about. to filibuster campaign finance legisla- sign or a small note in a union maga- I commend my distinguished col- tion because it includes this provision, zine will not do. Many employees will league from Kentucky. Let us fight on then it is they who are blocking true never learn of their Beck rights, and in the cause of freedom. bipartisan reform, not the Republicans. unions will no doubt continue to set up Mr. MCCONNELL. Mr. President, I In the Rules Committee we have held substantial obstacles to exercising am happy to yield the floor. I see the a series of hearings on these issues that these rights. In our hearing, we heard Senator from Illinois is here desiring are being discussed here today. I want how unions make the window for ob- to speak. to focus on one particular hearing jecting very brief and it changes every Mr. DURBIN. I thank my colleague, where we allowed both sides to come in year, with the notice often buried deep the Senator from Kentucky for yield- and discuss compulsory deduction by within lengthy union magazines. ing. I only have a short period of time unions. And we held this hearing. We Moreover, single employees are very here, I say for the information of my had as a witness David Stewart, a poorly equipped to challenge account- colleague from Maine, and I appreciate member of the Transport Workers ings provided by union officials as to this chance to rise and speak on this Union of America, local 514, located in the breakdown of chargeable and non- issue. Tulsa, OK. chargeable activities. Also, an em- It has been said in debate that the I remember him very well. He was ployee wishing to appeal this deter- columnist, George Will, has pro- proudly in the hearing room in his mination would need to hire his or her nounced this as the most important de- basic working uniform. He testified, own attorneys and accountants for an bate in American history. I didn’t want and I have extracted some of that testi- arbitration run under rules established to miss it and that is why I came to the mony to read in this debate today, this by the union. The financial disclosure floor today. I will not question Mr. Will very important debate. This is what forms filed by unions with the Labor because he was reared and his early this American worker said: Department, the LM–2, are notoriously education took place in the State of Il- ** * I really do not agree with some of the useless in actually assisting employees linois, and somewhere or another he Agendas and the Candidates that the union to determine what percentage of their got off the course shortly afterwards, endorses. Yet, we are all required to fund dues go to political activities. but at least we attribute his early these agendas and campaigns just by virtue All of these procedural hurdles are in training to Illinois’ educational stand- of our membership in the Union. addition to the stigmatization of objec- ards. This is a union man, Mr. President. tors, officially called agency-fee pay- Is this the most important debate in As I searched for relief from this unjust re- ers. Often lists of objectors are pub- American history? It may be, because quirement, I found out about the ‘‘Beck Su- lished in union literature and cases of what is at stake in this debate is not preme Court Decision,’’ which in effect gives threatened violence are common. the amount of money that is being a Union Member the right to a refund of the I believe the only solution, and one spent in a campaign, it is really not Non-Bargaining expenditures of the Union. The problem is, I must relinquish my Union that is not contained in the McCain- about the conduct of campaigns, it Membership and the rights associated with Feingold legislation, is to require really doesn’t have much to do with po- that Membership to seek this refund. It is prior, written consent before dues are litical action committees or labor absurd to require me to fund the Contract confiscated. I am a cosponsor of Sen- unions or corporations or associations. Bargaining, Contract Enforcement and Ad- ator NICKLES’ bill, the Paycheck Pro- What is at stake in this debate is the ministration of the Local, yet require me to tection Act, which would rectify this future of this democracy. forfeit my rights to a voice in these affairs, egregious situation. Without this pro- If that sounds hyperbolic, let me tell only because I oppose the Political Expendi- vision, we will not have fair campaign you why I say it. I am honestly, genu- tures of the Union. I am not opposed to my requirement to belong to the Union. I still finance reform. inely, personally concerned as a Mem- attend the Union meetings and enjoy having Mr. MCCONNELL. I want to thank ber of this great institution, about the a voice in the affairs of the Union and my ca- the Senator from Virginia not only for fact that the American people are los- reer, I am not willing to give up this activity the remarks he has made today but the ing interest in their Government. The to receive the refund afforded me by the way he has listened to all of those who clearest indication of that loss of inter- ‘‘Beck Decision.’’ have come forward at the Rules Com- est is their participation in elections. We also heard from Cindy Omlin, a mittee over the period of his chairman- Now, why is it at this moment in former teacher from Washington State. ship. He and I, many times, were the time when the United States of Amer- She described the schemes by which only two there. He has been wonderful ica is obviously one of the most attrac- her union illegally used her dues—that in giving an opportunity to a number tive places in the world to live, where mandatory deduction—for political of groups who, frankly, have had a dif- we have to almost construct a fence contribution. The unions got caught, ficult time giving testimony in the and a wall around our borders to keep but nonetheless they upped the amount past, who typically have not been lis- people from other nations from coming September 29, 1997 CONGRESSIONAL RECORD — SENATE S10123 to the United States, why is it that at spend so much time grubbing for Isn’t it an oddity that we are at this a time when our economy is booming, money. People believe that we are cap- point in our history where we are actu- at a time when we are so proud of what tives of special interest groups. And be- ally engaging in an argument as to we have achieved not only in this Na- cause they are sick of the style of cam- whether or not a person’s wealth tion but around the world, that the paign and because they have little or should determine their ability to par- people we serve, the American voters, no confidence in those of us who wage ticipate in a democracy? This is not a have decided they are not interested? the campaigns, they stay home. new debate. We have been through this And they have demonstrated that, un- The turnout for the Presidential elec- one before. In the 19th century, the de- fortunately, in that quadrennial forum tion last November was the lowest per- bate was cast in a different tone. If you where we asked people to come forward centage turnout in America for a Presi- wanted to vote, would you have to be a and name the leader of this Nation. dential election in 72 years. Now if Jay property owner? That is an evidence of Let me show you what I am talking Leno and David Letterman pronounced wealth and stability, and some of our about. I think it is interesting in this this election over in July, as they prob- Founding Fathers said, well, that is a debate about campaigns and money ably did, I don’t think that explains it. good indicator, and we should not let and voters to take a look at what has I think there was something else at people vote unless they own property, happened in the United States of Amer- work here. The American voters are at and the States can determine the ica in the last 36 years. This bar graph best indifferent, and at worst, down- qualifications of electors. Let them put right cynical about the system we use shows the amount of money that has that in as a qualification. been spent on campaigns at all levels, to elect people in the United States. We rejected that over 100 years ago Let me also show you something that Federal through local. If you look it and said that isn’t what America is all makes the case even more. I guess was a rather meager sum, $175 million, about. Your participation with a vote some people would argue, well, back in in the earliest years, and then sky- should not have anything to do with 1960 there must have been a higher per- rocketed up to $4 billion here in 1996. whether you are wealthy or poor. If centage of people who were registered So to entice people to vote, to inter- you are an American citizen, you are to vote. Well, that was not the case. est them in candidates and interest entitled to vote. Since the early part of Our figures start on this chart in 1964, them in campaigns, we have raised this century, whether you are a man, a and there were 64.6 percent of Ameri- money in record sums and spent it on cans were registered to vote; if you re- woman, black, white, or brown, what- television, radio, direct mail, bumper member, 63.1 percent of those turned ever your ethnic heritage, whether you stickers, emery boards, pocket combs out to vote. are poor as a church mouse or as rich and everything we can dream of, to say Now, we have increased the franchise as Donald Trump, you get the same one to the voters, ‘‘Look at me. Get inter- by making it easier to register to vote. vote when you come to the polls. ested. I’m running. I need your vote.’’ You can register when you go to get a Listen to this debate today. The de- Is it working? As we plow more money new license for your car or driver’s li- bate today says, let’s change this sys- into this system, is it working? Well, cense renewal, that sort of thing. So, tem and say that if you are wealthy in the sad truth is, it is not. more and more Americans are getting America—let’s say you are a middle- Look at this percentage of those who registered to vote. There is more par- aged, crazy millionaire who decided he vote in Presidential elections: Starting ticipation. I think that is a healthy wants to be in the House or Senate or in 1960, 63.1 percent of the American thing. I backed motor-voter. We are a Governor, then you go out and spend people said the Kennedy–Nixon elec- now up to 74.4 percent of eligible voters your money, exercise your constitution is one that we consider critically registered in America in the 1996 elec- tional right, show your freedom of important, our family is going to vote. tion. You can be proud of that. speech to go forward and ask for votes. Look what happened in this last elec- People have said, ‘‘Yes, I will sign If you happen to have more money tion in November: 49.1 percent of the the form. I’m willing to go out and put than the next guy, your likelihood of American people turned out to vote. my name on the voter rolls’’ knowing winning is that much better. What I We spent record numbers, dramatically they may be called for jury duty or just said is not breakthrough; this is increasing the amount of money on po- something else. They did it anyway. established fact. Candidates with more litical campaigns, and the voters voted Then look what happened. Despite this money and political campaigns usually with their feet and stayed home. Isn’t dramatic increase in the people who win. That is a fact of life. it curious that the more money we are registering to vote, remember No- So my Republican friends who say, plow into our campaign system the vember 1996? Fewer than 50 percent of ‘‘All this system needs is more fewer voters turn out? the American people then exercised money,’’ are basically saying, ‘‘If we Now let me just suggest something. their right to vote. can just get wealthier people interested If you happen to own a company selling I think that is a telling commentary in running for office or people who are a widget and say to your marketing de- on this debate. If you listen to the ar- drawing money in from wealthy inter- partment, ‘‘We are going to double our guments of my colleague from Ken- ests, special interests, that is good for advertising. Next quarter we want to tucky, Senator MCCONNELL, and Sen- America, that is endorsement of our see what happens to sales,’’ and you ator BENNETT from Utah, who was on Bill of Rights, and that speaks well of gave them twice as much money for ad- the floor the other day, and Speaker our freedom of speech.’’ vertising your widget, and they came NEWT GINGRICH and others, they have I don’t buy that. I don’t think the back after the quarter was finished and analyzed the situation and said, clear- American people buy that. said, ‘‘We have the report.’’ You said, ly, the major problem with the Amer- As amendments are produced on the ‘‘What is it?’’ ‘‘Advertising went up 100 ican political system is, in their words, floor during the course of this debate percent.’’ ‘‘How about sales?’’ ‘‘Sales ‘‘We’re just not spending enough which try to enshrine wealth as the went down.’’ What? Advertising went money. We have to put more money in keystone for American citizenship, I up and sales went down? Well, you these campaigns. We have to get on tel- will oppose them. I hope Members on could draw some conclusions. There evision more and radio more, and mail both sides will join me. It is a sad state was something wrong with the adver- more things to the American people. of affairs in America if we have tising or there may have been some- Then they will know we are out here.’’ reached the point where, in fact, a per- thing wrong with the product. That is Well, they know we are out here. son’s wealth is a determinant as to what this debate is about. They just aren’t buying what we are whether they can be a successful can- There is not only something wrong selling. They are staying home. Those didate or be directly involved in our with the advertising, it has become so who argue that the best way to reform political process. That is what this de- negative, so nasty, so dirty, that peo- the system is to plow more money into bate is all about. That is why it could ple are disgusted with it. There is the system have missed the point com- be historic in nature. something wrong with the products. pletely. Nine out of ten Americans—90 Let me address one particular exam- Candidates for the House and Senate percent of them—believe that we spend ple used in the debate Friday about a are losing their reputation or seeing too much in political campaigns, not good friend of mine who passed away a their integrity maligned because we too little. little over a year ago. His name was S10124 CONGRESSIONAL RECORD — SENATE September 29, 1997 Mike Synar. Mike was a Congressman in the hope of killing the bill. It is an able. For the stations to say, ‘‘don’t from Oklahoma. He was proud to char- old legislative ploy. Take an amend- even touch it; we own the airwaves, not acterize himself as an ‘‘Okie from ment adopted on the floor, which you the American people,’’ I think they Muskogee.’’ You have never met a po- are certain could never be part of the need a reminder as to how this got litical renegade like Mike Synar. I final legislation, show your heartfelt started. They are licensed by this Gov- loved him. I loved his politics. He used concern about campaign finance re- ernment, representing the American to drive people crazy. He would vote on form, knowing in your heart of hearts people, to make their profits. Now the issues and know that, if he went home, that it will go nowhere with a poison argument that we are going to take people would be angry with him. He pill amendment. We are going to see a away reduced costs of TV time is trou- would get involved in issues that made lot of these, I am afraid, during the bling to me. If you don’t reduce the everybody squirm and uneasy in their course of this debate. cost of television, you will in fact con- seats. That is just the way he was. He Let me address an issue that I think tinue to have political campaign costs also decided to stack the deck against is critically important—television skyrocketing. You will have men and himself because he announced when he time. In the McCain-Feingold, as origi- women running for election and re- came to the House of Representatives, nally introduced, which I and 44 other election to seats, spending the major- representing Muskogee, he wasn’t Democratic Senators endorsed, which ity of their time raising money to pay going to take PAC money. Mike said, three of my Republican colleagues for television. ‘‘I am going to take money from indi- have joined in endorsing, including my So I think the original McCain- viduals, and I will rise or fall based on colleague, the Senator from Maine, Feingold provision is absolutely essen- my friends supporting me, and so be Senator COLLINS. I think the number tial. I think we should continue on not it.’’ He managed to survive for a num- may be up to four now, we have, in that only to eliminate soft money, not only ber of years. original bill, provisions that would say to reduce the cost of television, but Then came 1994. All of the special in- to a candidate that we know what is also to go after issue ads that are actu- terest groups that had been opposing costing money in campaigns. We know ally candidate ads. Political candidates him in the Halls of Congress decided to where you are putting your money. and those who work around us watch team up against him back home. In When I ran for the Senate in Illinois television more closely than anybody, 1992, they had spent $750,000 to defeat and raised literally millions of dollars because we search that screen during a Mike Synar. Who were these people? sitting on a telephone day after day campaign cycle to find the tiniest of The National Rifle Association, the to- calling strangers and begging them to print on the bottom of the TV commer- bacco lobby, the western grazing inter- contribute, the money that was coming cials, which identifies who paid for it. ests. They came in, and did they debate in was going right out the front door On the Saturday night before the Mike Synar on gun control in his dis- for television. That is where I spent my election last November, bone weary, I trict? No. Did they debate him on to- money. Most major State candidates pulled into my apartment in Chicago, bacco regulation? No. Did they debate do the same. My colleague, Bob and I was going to relax a little bit. It him on whether or not we are too gen- TORRICELLI of New Jersey, spent 84 per- was in the closing days of the cam- erous in the subsidies to western graz- cent of all the money he raised on tele- paign. So I slumped down in a chair, ing? No. They came in and literally vision. Think about that. Try to buy a grabbed the remote control to listen to plowed hundreds of thousands of dol- 30-second TV ad in New York City that Saturday Night Live. Somewhere be- lars into the campaign against him costs $100,000, and you will understand tween the news and Saturday Night with negative ads on a variety of other very quickly how that could happen. In Live, up pops four television commer- subjects—and it was perfectly legal. Illinois, over 80 percent of our money cials, one after the other, and every Mike escaped it in 1992, but not in 1994. went into raising money and spending one of them blasting me. What a treat The illustration on the floor made by it on television. that was to sit in the chair and get one of my colleagues last Friday that I think it is a good illustration that pummeled by four different commer- somehow or other ‘‘Mike Synar, with if we don’t address the reason cam- cials. $325,000, could not defeat an opponent paigns are so expensive, we are not The most unique thing was that not who only had $10,000 and, therefore, going to see any real reform. Now, the a single one was paid for by my oppo- money is not the determinate in an people who represent the television in- nent, the Republican Party in Illinois, election,’’ really overlooked the obvi- dustry say you can’t do that; you can’t or the National Republican Party. ous. Mike Synar’s money alone wasn’t take away time that this station can They were paid for by committees and at risk. It was the money of a lot of sell to a private advertiser and give to organizations that most people never special interest groups. He was de- it a political candidate. But they for- heard of. These are organizations feated. He worked very hard for cam- got something very basic. The people which mushroom up during campaigns, paign finance reform and a lot of other who own television stations and make take some high-sounding name, collect issues that I have the highest respect a very handsome profit do it because millions of dollars, undisclosed and un- for. they are using our airwaves—not the reported, and run ads, the most nega- Let me just also say that I have Senate’s airwaves; the American peo- tive ads on television, against politi- heard a lot of argument from my col- ple’s airwaves. We own these airwaves. cians. That is an outrage. It is an out- leagues on the Republican side that We license these companies, at no rage that I have to account for every this debate is really about labor charge, to use our airwaves and make a dollar I raise and spend and I have to unions, and we have to get our hand on profit. It is not unreasonable for us as identify the television commercials the fact that labor unions in the last a people to go back to these television that I put on, either comparing my election were so vocal and involved and stations and say we want to take a record with my opponent or speaking spent so much money. Some estimate slight and tiny percentage of those air- about something I believe in, and these $35 million. That is an interesting waves and dedicate them to cleaning groups can literally run roughshod premise for this debate because, if you up the American election process, to over the system, spending millions of look at the totals that were spent by make sure that the time is available dollars without any accountability. labor and business, the business com- for incumbents and challengers alike McCain-Feingold addresses that. munity dramatically outspent labor or- on a reduced level—or even free in Thank God it does. If we don’t put an ganizations in that campaign. Yet, some circumstances—so the voters can end to this outrage, most of these many of the amendments which we will hear legitimate messages and we will other reforms are meaningless. To be considering have nothing to do with clean up the message in the process. It eliminate soft money and to allow spe- the business community being re- won’t be the drive-by shooting ads you cial interest groups, whether on the stricted, only labor unions. see in campaigns. It will be inform- business or labor side, to continue to I think some of my colleagues should ative. People will know where DURBIN spend money unfettered in issue advo- take care to watch out for what is stands on Social Security and where cacy and the like is outrageous. The characterized as poison pills, or those his opponent stands on Social Security. McCain-Feingold legislation is an idea amendments that will be put in the bill Things like that. That is not unreason- whose time has come. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10125 I hope that a number of my col- unions from spending money on politi- To explain this aspect of the bill in leagues will step forward, as my col- cal campaigns; yet, the AFL–CIO more detail, and to share with my colleague, the Senator from Maine, has spends $800,000 in Maine on so-called leagues an experience that contributed done already. We have 49 votes, ladies issue ads which anyone with an ounce to my becoming a cosponsor, I need to and gentlemen, for McCain-Feingold. of common sense recognized were de- go back to the 1996 race for Maine’s We need one more. Every Democrat has signed to defeat a candidate for Con- First Congressional District in the signed onto this bipartisan legislation. gress. House of Representatives. In the course We now have four Republican Senators. We in this body decry legal loopholes, of that election, the AFL–CIO spent We need one more. Who will it be? Who but we have reserved the largest ones $800,000 to defeat the Republican can- will step forward and say, ‘‘This is the for ourselves. Indeed, these loopholes didate. They did this by running a most important debate in American are more like black holes, and that steady barrage of blatantly negative history and I want to be on the right sucking sound you hear during election ads. side of history’’? I hope we can come up years is the whoosh of six-figure soft Now why am I protesting a national not only with that 50th vote, but with money donations rushing into party union, using money from its general enough votes procedurally to keep this coffers. treasury to run a saturation campaign issue alive. The rules of the Senate, Why should this matter, we are asked of negative ads that may well have de- like cloture and filibuster and the like, by those all too eager to equate free- cided a Maine congressional race? allow people who in the name of good dom of speech with freedom to spend? Whatever our objection to such ads, government, or whatever, can stop an It should matter because political isn’t that perfectly legal? The answer issue in its tracks. I hope that doesn’t equality is the essence of democracy, is, or at least is supposed to be, no. happen. I hope we can debate this to its and an electoral system driven by big Current law prohibits a union, as well conclusion and have a real vote on real money is one lacking in political as a corporation, from spending money, reform. equality. other than through a PAC, to influence I yield the remainder of my time. Mr. President, this is an issue of an election for a Federal office. Ms. COLLINS addressed the Chair. great concern to the people of my home That leads to another obvious ques- The PRESIDING OFFICER. The Sen- State. While there are differences in tion—if current law forbids unions ator from Maine is recognized. Maine on how the system should be re- from using non-PAC money to run ads PRIVILEGE OF THE FLOOR formed—I, for one, do not believe that to influence a Federal election, how Ms. COLLINS. Mr. President, I ask meaningful change requires that we was the AFL-CIO able to spend $800,000 unanimous consent that Steve Dia- make taxpayers underwrite cam- to defeat a Republican congressional mond, from my staff, be accorded privi- paigns—there does seem to be a strong- candidate in Maine? Mr. President, leges of the floor for the duration of er consensus in Maine than elsewhere that question takes us to the heart of this debate. on the need for reform. the problem and to the need for The PRESIDING OFFICER. Without If my colleagues will indulge me a bit McCain-Feingold. objection, it is so ordered. of home State pride, I think the Maine Unfortunately, some courts have in- Ms. COLLINS. Mr. President, I rise perspective results from old fashioned terpreted ‘‘expressly advocating’’ to re- to urge my colleagues to seize this op- Down East common sense. Maine peo- quire that the ad use words such as portunity to make much-needed ple are able to see through the com- ‘‘vote for’’ or ‘‘vote against’’ or ‘‘elect’’ changes in our campaign finance laws plexities of this debate. They focus on or ‘‘defeat.’’ If the ad avoids those by supporting the modified version of what is at heart a very simple and yet magic words and makes at least a pass- the McCain-Feingold legislation. I am very profound problem. As long as we ing reference to an issue, as the AFL– pleased, Mr. President, to be a cospon- allow unlimited contributions—wheth- CIO did in Maine, those courts con- sor of this landmark bill. er in the form of hard or soft money— cluded that it does not expressly advo- Shortly after becoming President of we will not have political equality in cate the election or defeat of a can- the United States, one of our former this country. didate, and the union may run it. Presidents was asked what his biggest It is not simply the lack of a level Mr. President, the situation I have surprise was on assuming office. With- playing field for those seeking public described has led to the biggest sham out hesitation, he said it was his dis- office. What is more important is the in American politics. Nobody in Maine covery that things were actually as bad lack of a level playing field for those believed that the AFL–CIO’s negative as he had been saying they were during seeking access to their government. ads were for any purpose other than the campaign. It strikes me that the Maine attitude the defeat of a candidate. Indeed, at Mr. President, during my Senate may be shaped by the fact that many least one newspaper which endorsed campaign, I told the people of Maine communities in my State still hold the Democratic candidate blasted the that our Nation’s campaign finance town meetings. I am not talking about union ads against his opponent. Ads of system is broken. Since my election, I the staged, televised town meeting that nature make an absolute mockery have spent a great deal of my time which has become so fashionable of out of the prohibition against unions questioning witnesses at the hearings late. I am talking about a rough and and corporatings spending money on held by the Governmental Affairs Com- tumble meeting held in the town office Federal elections. mittee. Unlike the former President, or the high school gym or the grange The ‘‘express advocacy’’ provision in what I have discovered is not that hall. Attend one of these sessions and McCain-Feingold is designed to do things are as bad as I had been saying you will observe an element of true de- away with this sham. Contrary to what they were; it is that they are much mocracy: People with more money do some have said, it would not affect worse. not get to speak longer and louder than independent ads financed other than by The twin loopholes of soft money and people with less money. What is true at a union or corporation, except to en- bogus issue ads have virtually obliter- Maine town meetings is unfortunately hance the reporting requirements, ated our campaign finance laws, leav- not true in Washington. which everyone in this body purports ing us with little more than a pile of Mr. President, let me address a very to favor. It also would not stop unions legal rubble. We supposedly have re- disquieting aspect of the debate on the and corporations from running true strictions on how much individuals can McCain-Feingold bill; namely, the mis- issue ads. give to political parties; yet, Yogesh information that is being spread about Mr. President, I would say to my col- Gandhi is able to contribute $325,000 to what the bill would do. In that connec- leagues that if you believe, as I do, the DNC to buy a picture with the tion, I would emphasize that McCain- that it continues to represent sound President, and Roger Tamraz Feingold does not bar issue advocacy. I public policy to prohibit unions from mockingly tells a committee of the will say that again because the legisla- using their vast general funds to dic- U.S. Senate that next time he will tion’s opponents persist in misstating tate the results of Federal elections, spend $600,000, rather than $300,000, to this point—McCain-Feingold does not, particularly in small States like buy access to the White House. We sup- and I emphasize not, bar issue advo- Maine, then you should support posedly prohibit corporations and cacy. McCain-Feingold. S10126 CONGRESSIONAL RECORD — SENATE September 29, 1997 Mr. President, let me also take a san effort if we are going to restore campaigns is a serious disease and it minute to explain the bright line test public confidence in this campaign fi- has become chronic. Most of us have for express advocacy that has been the nance system. been affected by it. Most of us have subject of ill-informed criticism during For the past couple of months, mem- spent too much time fundraising and in this debate. What that test would pro- bers of the Senate Governmental Af- the process pushing the fundraising vide is that any television ad that fairs Committee have sat through rules to their limits. We know in our clearly identifies a candidate and that hours and days of hearings on the hearts that the money chase is a bipar- is run within 60 days of an election failings of our campaign finance laws. tisan problem and that bipartisan re- would be deemed express advocacy. We have asked dozens of witnesses hun- form is the right way to go. I view the bright line test as a key dreds of questions on the problems of If the Senate hearings have exposed provision of McCain-Feingold, and I the 1996 elections. illegal practices that would otherwise support its inclusion for two reasons. My constituents are asking me just go unpunished, that is useful. If the First, the courts have said that for one question. ‘‘Are you going to do hearings have also exposed activities constitutional purposes, people must something about it?’’ That is what that are currently allowed but which clearly know what they can and cannot they want to know. They have heard should not be, and if that arouses pub- do, something which the bright line our questions. They have heard the an- lic opinion so that Congress will end test gives them. swers. They know we have observed the the money hunt, that would be a major Second, and contrary to what some witnesses. They have seen and heard contribution. But if those hearings opponents of the bill have said, the the debate. And, of course, the major- leave no solid record of legislative re- bright line test lessens the power of the ity who have not been able to watch form behind, we will have done some- Federal Election Commission. By hav- the hearings personally know that the thing far worse than missing an oppor- ing a clear standard, rather than one campaign finance system is a subject tunity. We will be deepening public which requires a case-by-case analysis, of great debate. pessimism and thickening the public the regulatory agency has less discre- Yet the question I get wherever I go gloom about this democracy’s ability tion to determine what the law should is, ‘‘Are you going to do something to restore public confidence in the fi- be and when actions should be brought. about it?’’ It is a simple question. It is nancing of our campaigns and our elec- Thus, those who have argued both a direct question. My answer is, ‘‘I tions. And that is why I believe the en- against the test and against a greater hope so, and I am sure going to do ev- actment of major campaign finance re- role for the FEC are in reality arguing erything I can to see that we finally do form is so critical. Existing law says with themselves. in fact close the loopholes that have that individuals cannot contribute Mr. President, this subject is more made a shambles of the laws that are more than $1,000 now to any candidate complex than any of us would like, but supposed to set limits on how much or political committee with respect to behind the complexity is a simple prop- money could be contributed by individ- any election for Federal office. Exist- osition. Current law has given rise to uals to our campaigns.’’ ing law says that corporations and the widespread practice of running The Senate hearings have focused unions can’t contribute at all to those bogus issue ads, and that should not be much of their time on allegations of il- candidates. And Presidential cam- allowed to continue. Those Members of legal conduct in the 1996 elections. But paigns are supposed to be financed with this body who support the prohibition the vast majority of what the public public funds. That is the law on the against unions and corporations using doesn’t like is not what is illegal, al- books today. And yet we have all heard their vast resources to dictate the re- though they surely don’t like that. It is stories of contributions of hundreds of sults of Federal elections should vote what is legal. Most of it involves the thousands of dollars from individuals, for McCain-Feingold. Those Members so-called soft money or unregulated from corporations and from unions— who do not support the prohibition money because both parties have got- Roger Tamraz giving $300,000 to Demo- should take the honest road and work ten around the law of the 1970’s by es- crats. What happened to the $1,000 con- for its repeal. The one unacceptable tablishing a whole separate world of tribution limit? course is to perpetuate a sham that un- campaign finance. That is the world of Here is a Democratic National Com- dermines the integrity of our election so-called soft money—contributions mittee document relative to DNC laws. that are not technically covered by the trustees. These are major contributors, I look forward to debating this issue limits under current law. I think $100,000, and they’re offered in the days ahead. In the 1996 election, the Republican various events to attend if they make Thank you, Mr. President. Party raised more than $140 million in that large contribution. What are the Mr. LEVIN addressed the Chair. soft money. The Democrats raised over events? The events are two annual The PRESIDING OFFICER (Mr. $120 million. trustee events with the President in HAGEL). The Senator from Michigan. That is how we get to these enormous Washington. That is just an offer of ac- Mr. LEVIN. Mr. President, let me sums of money in the last campaign, cess for contributions. But these are congratulate the Senators from Ari- like the $1.3 million to the Republican not the contributions that the law is zona, Wisconsin, Maine, and other Sen- National Committee from just one supposed to limit to $1,000 for each can- ators who have joined so strongly in company in 1996 and a $450,000 con- didates. These are $100,000 contribu- this effort—an important bipartisan ef- tribution from just one couple to the tions. These are the soft money con- fort—to finally reform the campaign fi- Democratic National Committee the tributions. And these are the connec- nance laws. The system is terribly bro- same year. tions to access. Both parties do it. ken. I think most of us know that, and Once that soft money loophole was Here is the 1997 RNC Annual Gala, I hope enough of us will get together to opened and once that loophole was May 13, 1997. Right in the middle of all really reform it properly. viewed as being legal, the money chase of this angst, all of this concern about The time has finally come for Con- was on, and that chase has been carried big money and access, it has this din- gress to decide whether we are going to on by both parties. When you couple ner. It is open, nothing hidden about fix this system, which is in shambles, that with the high cost of television this. Cochairman of the Republican Na- and fix the laws that are now doing so advertising, you have the money chase tional Committee Annual Gala, $250,000 much damage to public confidence in involving just about all candidates. fundraising goal. our governmental operations. These The chase for money has led most of us What do you do? You sell or pur- laws are now so full of loopholes that in public office or seeking public office chase, sell or purchase, Team 100 mem- what was intended to be limits on cam- to push the envelope and to take the berships or Republican Eagle member- paign contributions in effect are easily law to the limits in order to get the ships. That’s $100,000 I believe for Team evaded. And if we are going to close necessary contributions. The money 100. And what do you get? You get, those loopholes we must do it together. chase pressures political supporters to among other things, luncheon with the This will not happen if Democrats and cross lines that they should not in Republican Senate and House commit- Republicans do not come together. It is order to help their candidates get need- tee chairman of your choice. It is the going to require that kind of a biparti- ed funds. The money chase in political open offer of access in exchange for a September 29, 1997 CONGRESSIONAL RECORD — SENATE S10127 contribution, and the contribution is Cal Dooley said ‘‘no’’ to increased money for one word. And to our constituents soft money. It is not the $1,000 con- for federal prisons. Instead, Dooley gave there is no difference when they see tribution to come to a dinner. It is give money to lawyers. Lawyers that used tax- those two ads. or raise $250,000 and you get lunch with payer’s money to sue on behalf of prison in- We believe that the Supreme Court, mates and illegal aliens. the committee chairman of your Cal Dooley said ‘‘no’’ to increased money because we maintain a bright-line test, choice. It is like the Democratic Na- for drug enforcement. Instead, Dooley gave will permit this law to stand. That is tional Committee offer, give $100,000 your money to radical lawyers who rep- our hope, and that is our belief. It is and you get two receptions with the resented drug dealers. based on the real world, the real world President. Is Cal Dooley making the right choices for of our constituents who, when they see Now, one of the ways we are going to you? those two ads I have just read, see and stop this abhorrent offer of sale of ac- That is a so-called issue ad, at least hear no difference between them be- cess in exchange for contributions is if it was called, because it didn’t use the cause they know that the first ad is an we get to the soft money loophole it is magic words ‘‘vote for,’’ ‘‘vote ad that is attacking a candidate just the most direct way to get to it. Here against,’’ ‘‘elect,’’ ‘‘defeat.’’ the way the second ad does and there is are some other examples, recent exam- And that is paid for with unlimited no real world difference between those ples of soft money. This is, I believe, a dollars. But here is the same ad with two ads. Team 100 document, a Republican doc- one of the magic words: Now, we intended corporations and ument called hot prospects. Who is the Congressman Cal Dooley makes choices for unions not be allowed to contribute to third prospect? Some retired inventor. you and your family. candidates. That is the intention of the And here is what the document says. Cal Dooley said ‘‘no’’ to increased money current law. Corporations are not sup- We are working on getting him an appoint- for Federal prisons. Instead, Dooley gave the posed to contribute except through po- ment with Dick Armey so we can get his money to lawyers that used taxpayer’s litical action committees. Unions are other $50,000. money to sue on behalf of prison inmates and not supposed to contribute except These are documents which came up illegal aliens. Cal Dooley said ‘‘no’’ to increased money through very limited means. in our investigation, in our hearings. How is it then that, for instance, cor- We can get his other $50,000 if we can for drug enforcement. Instead, Dooley gave your money to radical lawyers who rep- porations contribute millions of dol- get him an appointment with DICK resented drug dealers. lars? The same thing can be said for ARMEY. The public sees that and they Is Cal Dooley making the right choices for unions—millions of dollars to these respond the way I respond. That is ab- you? campaigns which do not comply with horrent. What are we doing, offering That is the exact same ad except in the current law? Congress is permitted access in exchange for a contribution? this version I have added the following to restrict the contributions of cor- And the amount of money here is ab- words: ‘‘Defeat Cal Dooley.’’ porations and unions. That was a deci- horrent. ‘‘His other $50,000.’’ That All of a sudden the same ad becomes sion in the Austin case where Justice means he has already given $50,000. an ad which under the current ap- Thurgood Marshall said that ‘‘we, Here is a total of $100,000. What hap- proach of some has to be paid for in therefore, have recognized the compel- pened to the $1,000 limit? hard dollars. If you put that ad on and We thought there was a law. The ling governmental interest in prevent- then comply with the election limits, ing corruption supports the restriction problem is that in the race to compete you could go to jail. But if you put the and to win in our Federal elections, of the influence of political war chests first ad on and just said, ‘‘Is Cal Dooley funded through the corporate form.’’ candidates and parties have found a making the right choices for you?’’ way around the law. And that is the Justice Marshall said, speaking for You can put on millions of dollars of soft money loophole. Hard money, the the Court, ‘‘Regardless of whether this advertising. No one knows where it is contributions which are regulated by danger of financial quid pro quo cor- coming from, no restrictions, the exact campaign finance laws, is, indeed, hard ruption may be sufficient to justify a same ad with the same effect except for money. It is harder to come by. So soft restriction on independent expendi- one word. money is easier to raise. You can get tures, Michigan’s regulation,’’ which Now, any viewer looking at that ad is $100,000 or $500,000 from just one cor- was the regulation on corporate con- going to say that both ads have the poration or individual. You don’t have tributions at issue, ‘‘aims at a different same effect. They are both attack ads. to go to 500 different people and raise type of corruption in the political They are both attacking a candidate. $1,000, and you don’t have to go to 5,000 arena, the corrosive and distorting ef- And yet one of those ads, if paid for people and raise $100 the way you do fects of immense aggregations of with dollars that are supposed to be with hard money. You can just find one wealth that are accumulated with the limited but weren’t, could actually put person, one corporation wealthy help of the corporate form and have lit- enough or willing enough to pay a half- the person who put that ad on either in tle or no correlation to the public sup- million dollars and then you accept jail or given a fine. The other ad, un- port for the corporation’s political that contribution. limited soft money. ideas.’’ Now, there is another part of the cur- In the real world, there is no dif- And then he went on: rent law which says if you spend ference between those ads. The Su- Corporate wealth can unfairly influence money in an election in support of a preme Court has ruled that the second elections when it is deployed in the form of candidate or opposed to a candidate, ad, with the word ‘‘defeat,’’ must be independent expenditures just as it can when you have to spend money that is only paid for with limited dollars. This is a it assumes the guise of political contribution. raised the hard way, following the candidate advocacy ad, and that is limit. But one of the greatest areas of what the Supreme Court has ruled. It We intended to restrict corporate abuse in the 1996 election was the use is said that we can require that ads contributions to candidates. We in- of hundreds of millions of dollars of un- which explicitly call for the election or tended, in our law, to say that corpora- regulated, unlimited, and undisclosed defeat of a candidate must be paid for tions cannot contribute to candidates money to broadcast so-called issue ads in limited dollars. But the first ad at all except through the very strict just before an election—ads that any which I have put up is the functional rules for political action committees. reasonable viewer would interpret as equivalent of the second ad. It is the Yet we have corporations and unions, attacking or supporting a particular apparent equivalent of the second ad. both, contributing millions of dollars candidate. It is the real world equivalent of the that effectively get involved in cam- Here is an example of one of these so- second ad. paigns and effectively go to either help called issue ads. This was an ad that This bill, which has been introduced candidates or hurt candidates. It is was run against Congressman CAL today, would treat these two ads the that same soft money loophole that al- DOOLEY in California. This ad was paid same legally because they have the lows the frustration of congressional for with unregulated, unlimited dol- same apparent effect, the same func- intent. lars. It read as follows: tional effect, the same real world ef- Our intent was clear. The Supreme Congressman Cal Dooley makes choices for fect, the same practical effect. There is Court has held that our intent is legiti- you and your family. no difference between those ads except mate; that where there is an express S10128 CONGRESSIONAL RECORD — SENATE September 29, 1997 advocacy in a campaign for the defeat The Annenberg Public Policy Center has Compared to other discursive forms, in- or the election of a candidate, that we compiled an archive of 107 issue advocacy ad- cluding presidential candidate ads, debates, are right, we are permitted, it is al- vertisements that aired on television or free time speeches and news coverage of the lowed for Congress to restrict those radio during the 1996 election cycle. These campaign (both television and print), issue ads were sponsored by 27 separate organiza- advertisements aired in 1996 were the highest kinds of contributions. That effort on tions. Data about the content of these adver- in pure attack. Two in five arguments in the part of Congress over 20 years ago tisements are summarized below. The follow- issue ads attacked. to restrict corporate and union con- ing figures are percentages of produced ad- Arguments in issue ads were less likely to tributions has also been frustrated by vertisements, which do not take into ac- compare positions than debates, free time the soft money loophole. We are deter- count differential airing and reach of the speeches, and ads sponsored by the presi- mined to close that loophole. We are ads. In addition, although the Center’s ar- dential candidates. also determined to make it very clear chive does include independent expenditure Because pure attack and comparison ac- that advertisements, which are func- advertisements aired by parties and advo- counted for 81.3% of the arguments, so-called tionally the same, that have the exact cacy organizations, only the issue ads are in- ‘‘advocacy ads’’ rarely simply advocated cluded in this analysis. same effect on the effort to defeat or their own position. Pure advocacy appeared As noted earlier, issue advertisements are in fewer than one in five of the ads (18.7%). elect a candidate, be treated the same. those that do not expressly advocate the That is part of this bill, the so-called election or defeat of a candidate. If the ads Mr. LEVIN. So the result is now a vi- independent expenditure part, or issue do not call for viewers or listeners to cast a cious combination, outside of the lim- advocacy part. We simply are adopting vote in a particular manner, what action do its of our campaign finance laws, of, another very bright bright-line test. they call for? In many cases, the advertise- one, huge amounts of money; two, The Supreme Court did not say it ment makes no call to action at all. Our funding the worst type of campaign at- was the only bright-line test. The Su- analysis shows that one-quarter of issue ads tack ads. And the net result is that the (25.2%) contained no action step. Of those preme Court said that a bright-line exceptions to our campaign finance issue ads produced in 1996 that did solicit laws have swallowed the rules. The test was necessary, relative to satisfac- some actions on the part of the audience, the tory compliance with the first amend- greatest proportion asked voters to ‘‘call’’ a rules basically no longer exist. It is up ment. And it gave an example of a public official or candidate (37.4%). Some to this body and to the House to re- bright-line test, an example which was asked individuals to ‘‘tell’’ or ‘‘let a public store limits—restore some fences realistic in the world of the 1970’s. But official know’’ one’s support for or dis- around contributions so what we in- another bright-line test is necessary approval of particular policy positions tended to do, and the portion of what now because the first test that we (16.8%), while others asked that a call be we did that was affirmed by the Su- adopted, that the Supreme Court used placed directly to the advocacy organization preme Court in the Buckley case, can sponsoring the ad (15.9%). A few of the adver- be operative in the real political world as an example, has been evaded. And tisements called for support or opposition to the rules that were permitted by the pending legislation (4.7%). that we operate in. Supreme Court to apply, the law which Despite the presence of clear calls to ac- It is a daunting task to plug these the Supreme Court said was appro- tion, many advertisements did not provide loopholes, to make the law whole priate to enact relative to advocacy— information, such as a phone number or ad- again—to make it whole, to make it ef- to the election or defeat of a can- dress, to enable the individual to carry out fective. If we don’t do this, if we do not didate—that has been frustrated, it has the action. One in three (31.3%) issue ads act on a bipartisan basis and adopt real been evaded, and we are now simply that suggest action did not provide sufficient campaign reform, and if we do not actionable information. trying to implement it in another way During the 1996 election cycle, it was the make real what Congress intended to which is fully compliant, we believe, norm for issue advertisements to refer to do 20 years ago, and which the Supreme with the first amendment. public officials or candidates for office by Court has said we can do, where the ad- There has been a new study by the name. Early nine in ten did so. It was also vocacy of the election or defeat of a Annenberg Public Policy Center, which common for television issue advertisements candidate is involved—we are allowed estimates that during the 1996 election to picture officials and candidates: to act relative to campaign contribu- cycle, as much as $150 million was Both ends of the political spectrum were represented in issue advertising campaigns. tions. We know that. We were told that spent on so-called issue ads by political Based on the number of advertisements pro- in Buckley. Providing our aim is at parties and groups other than can- duced, ads generally supportive of Demo- those contributions which go to the ef- didates. Their research shows that half cratic positions and those generally aligned fort to elect or defeat a candidate, we of those ads favored Democrats and with Republican positions were evenly split. are permitted to act providing we act half favored Republicans. It found that Each accounted for 48.6% of the total. A few in a way which is clear and has a bright nearly 90 percent mentioned a can- advertisements (2.8%), on term limits and line, and which is aimed at a problem, didate by name and, compared to other flag burning, were not categorized as Demo- a societal problem which we identify. cratic or Republican. types of political advertising, these so- While issue advertising echoed many domi- Clean elections are something that we called issue ads were the highest in nant campaign themes, it also raised issues are allowed to seek to achieve. We are pure attack. not addressed by the major party presi- allowed to seek to achieve the reduc- Mr. President I ask unanimous con- dential candidates. For instance, abortion, tion of the impact of aggregated money sent that a summary of the Annenberg gay rights, pension security, product liabil- by corporations and power by corpora- Center study be inserted in the ity reform, and term limits were among the tions and unions. That has been per- RECORD. topics that appeared in issue advocacy adver- mitted by the Supreme Court. It is up There being no objection, the mate- tising, but were largely absent from the pol- to us, now, to fashion a bill which com- rial was ordered to be printed in the icy debate among the presidential candidates. plies with those standards and we be- RECORD, as follows: Medicare was the topic most frequently lieve this bill does. ANNENBERG PUBLIC POLICY CENTER ANALYSIS mentioned in the issue advocacy advertising If we do not do it, if we do not put a OF BROADCAST ISSUE ADVOCACY ADS, SEP- of 1996. One in four advocacy ads (24.3%) stop to the money chase and the attack TEMBER 1997 mentioned the issue. ads that are overwhelming the system A national survey of 1,026 registered voters Consistent with prior Annenberg Public and disgusting the American people, we commissioned by the Annenberg Public Pol- Policy Center research on the discourse of icy Center shortly after election day showed political campaigns, we divided issue adver- will let down our constituents. Marlin that a majority of voters (57.6%) recalled tisements into their central arguments. Ar- Fitzwater, who was the press secretary seeing an issue advertisement during the 1996 guments were categorized as advocacy (a for President Bush, made this state- campaign. When compared to other political case made only for the position supported by ment in April 1992. He made this state- communications, using data collected from the ad’s sponsor), pure attack (a case made ment following a dinner for President the same national survey viewership of issue only against the opposing position), and Bush, at which the major contributors, advertisements ranked below that of presi- comparison (an argument that pairs a case soft money contributors, were offered dential candidate-sponsored advertising and against the opposition with a case for the access, private receptions with the debates. More voters recalled seeing issue sponsor’s position). Comparison is considered advertisements than recalled watching at preferable to pure attack because it allows President in the White House. It was a least one of the short speeches delivered by evaluation of alternative positions. Pure at- very open offer of access in exchange President Clinton and Robert Dole using free tack contributes to the negative tone of po- for major contributions, contributions air time donated by broadcast networks. litical campaigns. of soft money. This is what Marlin September 29, 1997 CONGRESSIONAL RECORD — SENATE S10129 Fitzwater said very openly and hon- Is Cal Dooley making the right choices for ministration officials and members of Con- estly in April 1992, following that din- you? gress. Briefings cover such topics as health ner: ‘‘It buys access to the system, yes. care reform, welfare reform, and economic CITIZENS FOR REFORM AD AS MODIFIED That’s what the political parties and policy. VIP status: DNC trustees will get VIP sta- the political operation is all about.’’ Congressman Cal Dooley makes choices for you and your family. tus at the 1996 DNC Convention with tickets He spoke the truth. He spoke the Cal Dooley said ‘‘no’’ to increased money to restricted events, private parties as well tragic truth that buying access to the for federal prisons. as pre- and post-convention celebrations. system is what the political operation Instead, Dooley gave the money to law- DNC staff contact: Trustees will have a is all about and, too often, what the po- yers. Lawyers that used taxpayers’ money to DNC staff member specifically assigned to litical parties are all about. We have to sue on behalf of prison inmates and illegal them, ready to assist and respond to requests change that. We have to restore to the aliens. for information. political process what the political par- Cal Dooley said ‘‘no’’ to increased money for drug enforcement. 1997 RNC ANNUAL GALA, MAY 13, 1997, ties and the political operations should Instead, Dooley gave your money to radi- WASHINGTON HILTON, WASHINGTON, DC be all about, which is listening to peo- cal lawyers who represented drug dealers. GALA LEADERSHIP COMMITTEE ple, communicating with people, orga- Is Cal Dooley making the right choices for Cochairman—$250,000 fundraising goal: Sell nizing people, grassroots effort—yes, you? or purchase Team 100 memberships, Repub- Defeat Cal Dooley. raising contributions in small lican Eagles memberships or dinner tables. amounts, limited amounts as we in- Dais seating at the gala; breakfast and photo CITIZENS FOR REFORM (AS AD RAN) tended to do in the 1970’s when we opportunities with Senate Majority Leader passed that law. That is what the polit- NEGATIVE TV AD ON WIFE BEATING AND Trent Lott and Speaker of the House Newt ical operation and the political parties CRIMINAL RECORD Gingrich on May 13, 1997; luncheon with Re- Who is Bill Yellowtail? publican Senate and House Leadership and should be all about. He preaches family values, but he took a But whether or not they are going to, the Republican Senate and House Committee swing at his wife. Chairmen of your choice; and private recep- again, be about that instead of about Yellowtail’s explanation? tion with Republican Governors prior to the raising $50,000 and $100,000 and $250,000 He only slapped her, but her nose was not gala. and $1 million in soft money, which is broken. Vice chairman—$100,000 fundraising goal: spent in the functionally equivalent He talks law and order, but is himself a Sell or purchase Team 100 memberships, Re- way—the same way, apparently, as the convicted criminal. publican Eagles memberships or dinner ta- And though he talks about protecting chil- so-called hard money—whether we are bles. Preferential seating at the gala dinner dren, Yellowtail failed to make his own child with the VIP of your choice; breakfast and going to be able to do that is going to support payments, then voted against child be dependent on whether or not we can photo opportunities with Senate Majority support enforcement. Leader Trent Lott and Speaker of the House pull together Democrats and Repub- Call Bill Yellowtail and tell him we don’t Newt Gingrich on May 13, 1997; luncheon licans as Americans, realize that we approve of his wrongful behavior. with Republican Senate and House Leader- have a sick system of campaign finance ship and the Republican Senate and House raising and money raising, and change CITIZENS FOR REFORM (WITH CHANGED LAST Committee Chairmen of your choice; and pri- it—close the loopholes, respond to the LINE) vate reception with Republican Governors demand of the American people that NEGATIVE TV AD ON WIFE BEATING AND prior to the gala. the money chase and the excessive con- CRIMINAL RECORD Deputy chairman—$45,000 fundraising goal: tributions and the attack ads end. Who is Bill Yellowtail? Sell or purchase three (3) dinner tables or He preaches family values, but he took a three (3) Republican Eagles memberships. In the next week or two, that is a de- swing at his wife. Preferential seating at the gala dinner with cision we are going to make. I believe Yellowtail’s explanation? the VIP of your choice; luncheon with Re- the majority of the Senate will support He only slapped her, but her nose was not publican Senate and House Leadership and significant reforms and the President broken. the Republican Senate and House Committee has said he will work for the passage of He talks law and order, but is himself a Chairmen of your choice; and private recep- McCain-Feingold and will sign it with convicted criminal. tion with Republican Governors prior to the enthusiasm. The time for waiting while And though he talks about protecting chil- gala. dren, Yellowtail failed to make his own child we document further campaign abuses Dinner committee—$15,000 fundraising support payments, then voted against child goal: Sell or purchase one (1) dinner table. that we all know exist is over. The support enforcement. Preferential seating at the gala dinner with time for ending those abuses is here. Call Bill Yellowtail and tell him we don’t the VIP of your choice; and VIP reception at I want to close by again commending approve of his wrongful behavior. the gala with the Republican members of the the sponsors of the bill for their stead- Vote Against Bill Yellowtail. Senate and House Leadership. fast efforts and their commitment to (Benefits pending final confirmation of the campaign finance reform. It is a privi- DEMOCRATIC NATIONAL COMMITTEE Members of Congress schedules.) lege to be part of their cause. TRUSTEE—EVENTS & MEMBERSHIP REQUIREMENTS I ask unanimous consent that a num- MEMORANDUM ber of documents be printed in the EVENTS To: Tim Barnes, Kelley Goodsell. Two annual trustee events with the Presi- From: Kevin Kellum. RECORD including the campaign tele- dent in Washington, DC. Re: Hot prospects. vision advertisements that were in- Two annual trustee events with the Vice These prospects are not ‘‘real hot’’, but are volved in the Cal Dooley campaign and President in Washington, DC. very realistic. in the Bill Yellowtail campaign. I ask Annual economic trade missions: Begin- Gino Palucci, Palucci Pizza. Eric Javits unanimous consent they be printed in ning in 1994, DNC Trustees will be invited to has spoken with Gino who has committed to the RECORD at this time. I yield the join Party leadership as they travel abroad join Team 100. He asked me to call Gino’s floor and thank the Chair. to examine current and developing political money man in D.C. (Henry Cashen) who is in There being no objection, the mate- and economic matters in other countries. charge of fascilitating these transactions. I rial was ordered to be printed in the Two annual retreats/issue conferences: One have spoken with Henry who said he would will be held in Washington and another at an get back to me and have since placed a cou- RECORD, as follows: executive conference center. Both will offer ple of calls to his office with no response. I CITIZENS FOR REFORM AD Trustees the opportunity to interact with will call him again next week. Congressman Cal Dooley makes choices for leaders from Washington as well as partici- Ron Ricks, President, Southwest Airlines. you and your family. pate in exclusive issue briefings. Asst: Linda. Herb Vest has spoken with Ron Cal Dooley said ‘‘no’’ to increased money Invitations to home town briefings: Chair- and said he committed to joining Team 100, for federal prisons. man Wilhelm and other senior Administra- but since then Nancy has called and left a Instead, Dooley gave the money to law- tion officials have plans to visit all 50 states. message with no return call. I will call his yers. Lawyers that used taxpayers’ money to Whenever possible, impromptu briefings with office next week. sue on behalf of prison inmates and illegal local Trustees will be placed on the schedule. Ole Nilssen (HOT), Retired inventor. We aliens. You will get the latest word from Washing- are working on getting him an appointment Cal Cooley said ‘‘no’’ to increased money ton on issues affecting the communities with Dick Armey, so we can get his other for drug enforcement. where you live and work. $50,000. We had a meeting set up for this Instead, Dooley gave your money to radi- Monthly policy briefings: Briefings are week, but Armey cancelled his Florida leg of cal lawyers who represented drug dealers. held monthly in Washington with key ad- his trip. S10130 CONGRESSIONAL RECORD — SENATE September 29, 1997 The PRESIDING OFFICER. The Sen- costs, provides seed money to challengers engaging in any activity which at- ator from Arizona. paid for, not by taxpayers, but by the politi- tempts to influence a Federal election Mr. MCCAIN. Mr. President, I think, cal parties. It constricts the millionaires’ on behalf of a specific candidate for with some research by some very excel- loophole, [which, by the way, happens to be public office. a part of the revised package we have, I am lent staff members, we may have a sure by coincidence] restricts and regulates Extends to all 501(c) organizations basis for an agreement here. I really independent expenditures, fights election the current prohibition on campaign believe we have a very strong chance, fraud, and restricts gerrymandering. activity which applies to 501(c) char- because I think we can use, to a large Real reform: In stark contrast to the ities. degree, as a basis for our negotiations, Democrats’ bill, the Republican bill puts all Restricts tax-exempt organizations not so much the McCain-Feingold bill the campaign money on top of the table from engaging in voter registration or but the bill that was introduced as S. 7 where voters can see it. Nothing would have get-out-the-vote activities which are by Senator Robert Dole and Senator a more cleansing effect on the electoral proc- not candidate-specific if a candidate or ess. MCCONNELL on January 31, 1993. Member of Congress solicits money for This was S. 7, remembering in those Then: the organization. days on this side of the aisle the Re- The text of the bill eliminates all special Restricts Federal activities by State publicans were in the minority, so the interest political action committees, cor- PAC’s created by Members of Congress. porate, union, and trade association, also Reduces from $1,000 to $500 the maxi- majority had the first five bills and the bans all non-connected or ideological PAC’s minority, the Republicans, had the and all leadership PAC’s. mum allowable contributions by indi- next five. This is S. 7, so I don’t know Note, if a ban on non-connected PAC’s is viduals residing outside a candidate’s what 6 was, but this was the second determine to be unconstitutional by the Su- State, an interesting take on the influ- one. preme Court, the legislation will subject ence of outside money. I want to talk about this a little bit nonconnected PAC’s to a $1,000 per election Indexes the individual contribution because I think it is important. This is contribution limit. limit, $1,000 per election for in-State a bill that Senator MCCONNELL intro- I could not agree more with Senator contributions or $500 per election to duced and spoke on with Senator Dole. MCCONNELL’s position on that. out of State. I think it is very important. The bill Soft money ban: Bans all soft money Congressional candidates using was introduced in the Senate on Thurs- from being used to influence a Federal Consumer Price Index, something that day, January 21, 1993 by Senator Rob- election. Soft money is defined as the I think could be very well discussed. ert Dole. At the present time there are ‘‘raising and spending of political Prohibits bundling, which I think is a 24 cosponsors of the bill—24 Repub- money outside of the source restric- very laudable goal, and then it talks licans. Let me tell you the cosponsors tions, contribution limits and disclo- about independent expenditures. of this bill. They were BURNS, CHAFEE, sure requirements of the Federal Elec- Requires all independently financed COVERDELL, CRAIG, D’AMATO, DOMENICI, tion Campaign Act and its regula- political communications to disclose Durenberger, GORTON, GRASSLEY, tions.’’ the person or organization financing it. GREGG, HATCH, Hatfield, KEMPTHORNE, So we are in complete agreement That is very interesting. I wonder how LOTT, LUGAR, MCCAIN, MCCONNELL, with Senator MCCONNELL on that. the Christian Coalition and the right MURKOWSKI, NICKLES, Packwood, ROTH, Establishes new rules for political to life and other organizations would Simpson, STEVENS, THURMOND. party committees to ensure that soft feel about requiring all independently So, most of the present leadership of money is not used to influence Federal financed political communications to the Republican side was represented as elections, including the requirement disclose the person or organization fi- cosponsors of this bill. Of course Sen- that national, State, and local political nancing it. When Senator FEINGOLD ator LOTT, Senator COVERDELL, Sen- parties establish a separate account for and I floated that proposal, it met with ator NICKLES, the whip, Senator CRAIG, activities benefiting Federal can- a pretty strong opposition from both and of course Senator MCCONNELL. didates and a separate account for ac- sides. This is a proposal that, obvi- The bill says: Deal with campaign fi- tivities benefiting State candidates. ously, as I have said many times, Sen- nance reform. Let me read very quick- Requirement of full disclosure of all ator MCCONNELL made around 4 years ly from Senator MCCONNELL’s remarks. accounts by any political party com- ago; requires that that disclosure be Mr. President, in 1992, voter turnout in- mittee that maintains a Federal ac- complete and conspicuous. creased, electoral competition increased, count, and the establishment of mini- Requires timely notice to all can- campaign spending increased. Most objective mum percentages of Federal funds didates of the communications place- observers of the political system . . .. which must be used for any party ment and content. Mr. President, Democratic campaign fi- building program, voter registration, Defines independent expenditure to nance bills based on spending limits and tax- get out the vote, absentee ballots, bal- prohibit consultation with a candidate payer financing do, indeed, constitute lot security which benefits both Fed- or his agents. change. They do not, however, reform. They eral and State candidates. Requires the FCC to hold a hearing do not improve the electoral process. Exempts certain organizational ac- within 3 days of any formal complaint Quoting from Senator MCCONNELL: tivities, as ours does—research, get out of collusion between an independent The Democratic bills we have seen in the the vote, voter registration—from co- expenditure committee and a can- past were good public relations . . .. Spend- ordinated or other limitations. didate. ing limits were totally discredited in the Requires disclosures and allocation I must say, Mr. President, if, in the presented system . . .. Mandatory spending limits are unconstitutional . . .. Taxpayer for these activities and retains the last election campaign, that provision funding of the Congressional campaign sys- same coordinated expenditure limits requiring the FCC to hold a hearing tem to provide inducements or penalties is for media expenditures. within 3 days of any formal complaint not palatable. Maintains the limit on total con- of collusion between an independent Then he goes on and says: tributions of Federal party accounts at expenditure committee and a candidate Republicans will not stand by while the $20,000; limits to $50,000 per calendar had been the law of the land, they first amendment is sacrificed for a facade of year the total amount of contributions would have been holding hearings 24 reform. Campaign finance reform need not be an individual or other entity may hours a day, 7 days a week. unconstitutional, partisan, bureaucratic or make to national, State, or local party Creates an expedited cause of action taxpayer funded. The minority leader and I, accounts combined. in Federal courts for a candidate seek- joined by Republican colleagues, have today Labor and soft money employee pro- ing relief from expenditures which are introduced the Comprehensive Campaign Fi- tection: Codifies the Supreme Court de- not independent. nance Reform Act, the most extensive and cision in Beck versus Communications Allows for a broadcast discount in effective reform bill before this Congress bar Workers of America and provides cer- the last 45 days before a primary and none. It bans PAC’s, the epitome of special interest influence and a major incumbent tain rights for employees who are the last 60 days before a general elec- protection tool. Our bill bans soft money, all union members. tion. soft money, party, labor, and that spent by Soft money restrictions: Prohibits Permits challenger seed money, tax-exempt organizations. It cuts campaign tax-exempt 501(c) organizations from which I think is a laudable goal, and September 29, 1997 CONGRESSIONAL RECORD — SENATE S10131 addresses a problem that we have had I was, frankly, encouraged to see Again, I want to say that I hope we with giving a challenger a level playing that Senator MCCONNELL had proposed can sit down and have some serious ne- field. such a comprehensive way of reforming gotiations. I would, to a large degree, Requires congressional candidates to the campaign system as far back as move to S. 7 as a basis for a lot of those declare upon filing for an election 1993, obviously displaying a degree of negotiations. Maybe we can get Sen- where they intend to spend alone over clairvoyance that I didn’t have at the ator Dole back, most respected by all $250,000 in personal funds in a race and time. So I hope we can go back to that. of us, and see if Senator Dole—I believe raises the individual contribution limit Mr. President, I just want to end up— he still supports many of those prin- to $5,000 per election, from $1,000 for all and I know Senator MCCONNELL wants ciples. We could all sit down together. opponents of a candidate who declare to respond to that—there is a book If I can very seriously say, I hope such an intention. that Brooks Jackson wrote called that we can understand that what the No limits would apply to individual ‘‘Honest Graft: Big Money in the Amer- American people want is not a fili- contributions by party, et cetera. ican Political Process.’’ This book is buster and not a gridlock, not a fili- Then there is a very interesting one, somewhat dated. It was published in buster by Republicans, not a filibuster franked mail. Prohibits franked mass 1990. A lot of things have happened by Democrats, but we have shown cer- mailings during the election year of a since then. Some things haven’t hap- tainly this year what we are capable of Member of Congress and requires more pened. Some things haven’t changed, doing when we sat down on both sides disclosure of the use of franked mail they have just gotten worse. of the aisle and put the Nation on a for unsolicited mailings. Let me quote from a chapter in his path toward a balanced budget; when Our proposal, as we know, is to cut book, and I will be brief: we sat down, Republicans and Demo- off the name and face being mentioned Nearly everyone complains that something crats alike, trading off, as is necessary, in drawing a bright line. I have 60 days. is wrong with the American political system. to reach a goal of giving the American Liberals see a Congress bought by business Senator MCCONNELL’s 1993 proposal interests, while PAC managers complain people their first tax cuts in 16 years. prohibited franked mass mailings dur- they are being shaken down by money-hun- I believe we can do that if there is a ing the entire election year. gry legislators. Lawmakers detest the rising willingness to do so, and I, for one, be- It goes into gerrymandering and goes cost of campaigning, the inconvenience and lieve that the majority of my col- into enhanced FEC enforcement. I indignity of asking for money, and the criti- leagues would agree that there are heard my colleague from Utah com- cism they endure for accepting it. Democrats some things that are fundamentally plaining long and loud about any possi- envy the Republican Party’s financial wrong with this system. If the major- bility of enhanced FEC enforcement. strength and decry the sinister influence of ity of my colleagues agree with that, By the way, my colleague from Utah big money and expensive political technology while trying to get as much of both then it seems to me we should be able was not here in 1993, so I kind of doubt for themselves as possible. Republicans, por- to reach some kind of agreement on that he would have cosponsored this trayed by the business PACs they nourished, how we can reform that system. bill, as did 24 Republicans. seethe at their inability to dislodge Demo- Mr. President, I yield the floor. Mr. BENNETT addressed the Chair. cratic incumbents. Critics of various Mr. MCCONNELL addressed the Mr. MCCAIN. I guess what I am say- leanings deplore lawmakers who use their of- Chair. ing is that we had a very good bill in fice to help themselves or moneyed bene- The PRESIDING OFFICER. The Sen- 1993—a very good bill—and one that I factors. Liberal and conservative commenta- ator from Kentucky. tors alike call the system ‘‘corrupt.’’ Mr. MCCONNELL. Mr. President, I was proud to cosponsor, along with The problem isn’t corruption; it is more se- Senator Dole and Senator MCCONNELL rious than that. If unprincipled buying and am sure my good friend and colleague and 24 of our Republican colleagues. selling of official favors was at fault then the from Arizona will agree that politics is Mr. BENNETT. Mr. President, will solution would be simple. Honest legislators a team sport. In order to be effective, the Senator yield for a clarification? would refuse to participate, and prosecutors we have to have allies. The bill he went Mr. MCCAIN. I will be glad to yield. or voters would deal with the rest. To be back 4 years to had 24 cosponsors. I can Mr. BENNETT. I was here in 1993, sure, corruption does exist; it is hard to assure my friend from Arizona, it had a and I think I probably did cosponsor imagine any other community of 535 souls good idea from all 24. Legislation is, that. The Senator is making a good where felonies are so often proven. But those someone said, sort of like making sau- illegalities are only symptoms of the under- case that I probably made a mistake. lying sickness. sage: a little bit of this and a little bit Mr. MCCAIN. Thank you. I appreciate The true predicament is that perverse in- of that. the correction from the Senator from centives twist the behavior of ordinary legis- I confess to having joined in cospon- Utah. lators. The system of money-based elections soring a bill with a whole lot of things That entire list of 24 Republican co- and lobbying rewards those who cater to that my friend from Arizona will sure- sponsors of S. 7, as I mentioned, are well-funded interests, both by keeping them ly remember that I have consistently BURNS, CHAFEE, COVERDELL, CRAIG, in office and by allowing men like Ferdinand argued against for 10 years. But the St. Germain to enrich themselves while they D’AMATO, DOMENICI, Durenberger, GOR- feeling was, and he remembers it be- serve. It also punishes those who challenge TON, GRASSLEY, GREGG, HATCH, Hat- the status quo, as D. G. Martin discovered. cause he cosponsored the bill, that we field, KEMPTHORNE, LOTT, LUGAR, And it bends even the best of intentions, like needed to have a Republican alter- MCCAIN, MCCONNELL, MURKOWSKI, Tony Coelho’s priestly instincts, toward the native. And in the spirit of being a part NICKLES, Packwood, ROTH, Simpson, courtship of moneyed cliques. As Coelho of the team, I put my name on a bill. STEVENS, and THURMOND. himself says, ‘‘the process buys you out.’’ I am sure the Senator from Arizona has Mr. President, I haven’t had a chance The system doesn’t require bad motives to never put his name on a bill with which to examine all the details of the pro- produce bad Government. he disagreed with any part. In fact, he America is becoming a special-interest na- posal that Senator MCCONNELL’s and tion where money is displacing votes. Con- said here today he is not entirely Senator Dole’s S. 7 had, and I believe gress commands less and less support among happy with the union provision in the that there are probably some dif- the electorate as it panders increasingly to bill that he is putting forward. ferences, but I will argue very strongly groups with money, yet its members cling to The Senator from Kentucky may be that we have the basis for negotiations office like barnacles on a hull of a broken- guilty of many things, but I think in and possible agreement based on S. 7. down steamer. this debate rarely guilty of inconsist- My understanding is that there is not Mr. President, I would not use those ency and many of the things that the the independent campaign bright line. words myself. I think they are strong Senator from Arizona mentioned I per- That actually, as my colleagues know, words. I do respect Brooks Jackson a sonally argued against prior to coming was an idea that Mr. Norm Ornstein great deal. He is one of the foremost up with this five-legged dog. Somebody and Mr. Mann and Mr. Trevor Potter, authorities on campaign finance re- said you might be able to make a five- Professor Potter, came up with as a form. But if that was the case, if that legged dog, but nobody has ever seen way of trying to get about the issue of was the view of one of the most re- one in nature. That is sort of what that the independent campaigns which we spected commentators in 1990, can you bill was. So I confess to having signed all know are out of control and they imagine what the view of many of on to a bill much of which I thought are all negative campaigns. them are today? was probably not the right thing to do. S10132 CONGRESSIONAL RECORD — SENATE September 29, 1997 But let me ask the Senator from Ari- politics today, which I am sure the labor, with Congressman J.D. zona—he said on Friday and again, I Senator from Kentucky appreciates. HAYWORTH’S face distorted on the believe, today, any genuinely independ- There are no longer independent cam- screen, sometimes morphing into that ent expenditure made to advocate any paigns. There is nowhere in any dic- of NEWT GINGRICH, does the Senator cause which does not expressly advo- tionary in the world the word ‘‘inde- from Kentucky believe that that was cate the election or the defeat of a can- pendent’’ that would fit these cam- an independent campaign against Con- didate is fully allowed. Is that the view paigns. They are part of campaigns. To gressman J.D. HAYWORTH? of the Senator from Arizona? my dismay, and I am sure to every Mr. MCCONNELL. What I believe it Mr. MCCAIN. That is correct. That is Member of this body, they are nega- was is an engagement in issue advo- correct. tive. And they are negative to the de- cacy. Mr. MCCONNELL. I say to my friend gree where all of our approval ratings Mr. MCCAIN. You really believe that from Arizona, under the Federal Elec- sink to an alltime low. was an issue advocacy ad when they tion Campaign Act the term ‘‘inde- So that is—I am sorry for the long re- said: Congressman J.D. HAYWORTH is an pendent expenditure″ is defined as fol- sponse, but the Senator from Kentucky enemy of every man, woman and child lows: asked a very good question. in Arizona? Surely, the Senator from The term ‘‘independent expenditure’’ Mr. MCCONNELL. Then the defini- Kentucky does not believe that. Sure- means an expenditure by a person expressly tion of what is ‘‘reasonable’’ would be ly, the Senator from Kentucky does advocating the election or defeat of a clearly determined by the Federal Election not believe that these independent ads, identified candidate which is made without Commission; is that correct? which are done by both sides, both Re- cooperation or consultation with any can- Mr. MCCAIN. And the courts, just as publican and Democrats, are no more didate or any authorized committee or agent the previous ones were interpreted, and than character attacks, destruction, of such candidate and which is not made in but, more importantly, adjunct to po- concert with or at the request or suggestion in the case of the Colorado decision, as of any candidate or any authorized commit- the Senator from Kentucky well litical campaigns. Surely, the Senator tee or agent of such candidate. knows, opened up a massive loophole from Kentucky cannot stand here on I am wondering if the Senator from which was driven through with alacrity the floor of the Senate and say that Arizona really meant what he said, be- and speed. That is what we are trying those are independent campaigns by cause an ‘‘independent expenditure’’ to close here. any reasonable definition. Mr. MCCONNELL. I say to my friend under the Federal Election Act does by Mr. MCCONNELL. I ask my friend from Arizona, it really does not make definition expressly advocate the elec- from Arizona, how would it work? The any difference what the Senator from tion or defeat of a candidate. Federal Election Commission would ei- Kentucky says. The Supreme Court Mr. MCCAIN. I say to my friend from ther on its own initiative or as a result says—— Kentucky, we are changing the defini- of receiving some complaints from Mr. MCCAIN. I think it has a lot to someone intervene in what way to de- tion of ‘‘express advocacy’’ as well as do with what the Senator from Ken- termine what is or is not ‘‘reasonable″? the definition of ‘‘independent cam- tucky believes. I think it has a lot to Mr. MCCAIN. First of all, as you paign.’’ And we feel compelled to do so do with it, because if the Senator from know, any bright line would be that because we see that on both sides the Kentucky thinks that this is just basi- the candidate’s name or face would not campaigns are no more independent cally an evasion of the law by getting be mentioned, which is carrying what than I am qualified to be on the next around the law, which has contribution was, in my view, the original intent, trip to Mir. limits, then certainly it matters what which was obviously that they could We are, on page 13 of the bill, under the Senator from Kentucky believes. where it says ‘‘Definitions * * * (17) not say ‘‘vote for’’ or ‘‘cast your ballot If the Senator from Kentucky be- Independent Expenditure—* * *. The for.’’ lieves that these are truly independent term ‘‘independent expenditure’’ means So I would be glad to discuss with the campaigns, set up and run and funded an expenditure by a person—(i) for a Senator from Kentucky exactly how we by individuals who just want to see communication that is express advo- could define that in report language or their particular issues, whether it be cacy; and (ii) that is not provided in co- other. pro-life or pro-choice or workers’ right ordination with a candidate or a can- But I want to return to the fun- to strike or any of the others, then didate’s agent or a person who is co- damental problem here with the Sen- fine. But it is beyond me to believe ordinating with a candidate or a can- ator from Kentucky. I ask him, in re- that the Senator from Kentucky could didate’s agent.’’ turn, does he believe that these so- have, having seen these ads—he is very And then ‘‘(b) Definition of Express called independent campaigns are truly deeply involved in the political proc- Advocacy—Section 301,’’ which the independent? ess—that they are independent. They Senator from Kentucky just quoted Mr. MCCONNELL. Well, if they are are not. They are appendices of the po- from ‘‘* * * is amended by adding at not, if it is an independent expenditure litical campaigns. The tragedy of it is, the end the following: ‘(20) Express Ad- which is required under the law—— 98 percent of them are attack ads, as vocacy—(A) In general.—The term ‘‘ex- Mr. MCCAIN. I am talking about, are the Senator well knows. press advocacy’’ means a communica- they really independent in what any of Mr. MCCONNELL addressed the tion that advocates the election or de- us would define as the word ‘‘independ- Chair. feat of a candidate by—containing a ent,’’ or are they just additional meth- The PRESIDING OFFICER (Ms. COL- phrase such as ‘‘vote for’’, ‘‘reelect’’, ods to get around contribution limits LINS). The Senator from Kentucky. ‘‘support’’, ‘‘cast your ballot for’’, in order to defeat another candidate? Mr. MCCONNELL. I believe I have ‘‘(name a candidate) for Congress’’, Which is it? the floor. ‘‘name of candidate in 1997’’, ‘‘vote Mr. MCCONNELL. Is the Senator All I was trying to say to my friend against’’, ‘‘defeat’’, ‘‘reject’’, or a cam- talking about independent expendi- from Arizona is that worth a good deal paign slogan or words that in context tures or express advocacy? more than the opinion of the Senator can have no reasonable meaning Mr. MCCAIN. I am talking about from Kentucky is the opinion of the * * *’ ’’ independent campaigns. I am talking Supreme Court, which has said in order This is the important part—‘‘can about a problem. What drives independ- to avoid—and admittedly these groups have no reasonable meaning other than ent campaigns, as the Senator from want to criticize us. There is no ques- to advocate the election or defeat of 1 Kentucky well knows, is the definition tion about it. They want to criticize or more clearly identified candidates; of ‘‘independent expenditure’’ and ‘‘ex- us. They want to criticize us. And we * * *’’ press advocacy,’’ which we are chang- hate it. They want to criticize us in That is, so we are changing both. I ing. proximity to the elections. Sometimes say to my friend, I am changing both I am asking the Senator from Ken- they criticize us earlier than that. the definition of ‘‘independent expendi- tucky again, does he believe that in the But the Supreme Court has said that ture’’ and the definition of ‘‘express ad- last campaign the attacks by labor, for it is issue advocacy unless the words vocacy.’’ We are doing so because there example, in congressional district 6, ‘‘vote for,’’ ‘‘elect,’’ ‘‘support,’’ ‘‘cast is clearly a huge problem in American where over $2 million was spent by your ballot,’’ ‘‘Smith for Congress,’’ September 29, 1997 CONGRESSIONAL RECORD — SENATE S10133 ‘‘vote against,’’ ‘‘defeat,’’ or ‘‘reject’’— But that is a difference of opinion mission has been interested in going or it lists the magic words here. It is that the Senator from Kentucky and I after issue advocacy groups for years. not really vague. I think the reason the have. That is why I think I would be So there has been a lot of litigation on Court did this is because they want to willing to try to make a case on the the issue that my friend from Arizona encourage citizens to be free to be crit- floor of the Senate here of the con- raises. ical of us any time they want to. stitutionality of our view of changing He raises a good point, it is in a foot- I would readily concede to my friend the definitions of ‘‘independent expend- note. It is not like we haven’t been from Arizona we have gotten a lot iture’’ and ‘‘express advocacy’’ just as there before. There have been 15 cases. more criticism in the last couple of when we passed the line-item veto and The FEC has lost every single issue ad- years than we used to. I will also read- there was significant constitutional vocacy case seeking to do things simi- ily concede that having been the bene- question about the line-item veto by lar—similar—to what is sought to be ficiary, or victim, depending on your good and principled individuals of this done by legislation here. point of view, of some of that myself, I body who said, ‘‘Look. What you’re Recently in the Citizens Action Net- do not like it. But the Court, it seems doing here is unconstitutional; so, work case, not only did the fourth cir- to me, has made it rather clear that we therefore, I’m voting against it.’’ cuit rule against the Federal Election do not have the right to keep these I am saying that I believe there is Commission trying to do what we are people, these groups, from expressing sufficient good opinions by good and trying to do here, it ordered them to their views about our records at any principled individuals that differ as to pay the legal fees of the group that point, whether it is in close proximity what the interpretation is and what they were out to quiet. to the election or not. Congress has the right to not do. So the only thing I say to my friend Now, an independent expenditure, as May I ask unanimous consent, from Arizona, he is right, it is a foot- my friend from Arizona knows, is dif- Madam President, to have stricken note. On the other hand, this is some- ferent. That is hard money. That is from the RECORD the name of a Mem- thing that the courts have had a good regulated by the FEC. In order to qual- ber of the other body, because I deal to say about, a good deal to say ify as an independent expenditure, you misspoke, and it is against the rules of about, and there has been a lot of liti- must not consult with those whom you the Senate to say the name of a Mem- gation on this whole question of trying are seeking to aid or reject. ber of the other body. I ask unanimous to quiet the voices of those who would Issue advocacy is a different animal. consent that that reference be removed criticize us for our votes. The Court has put that in a separate from the RECORD. I see my friend from Utah is on the category. Admittedly, the distinctions The PRESIDING OFFICER. Is there floor. are sometimes blurred. The Court an- objection? Mr. FEINGOLD. Will the Senator ticipated in the Buckley case that Mr. MCCONNELL. Madam President, from Kentucky yield? many times the distinction would be I believe I have the floor. I had yielded Mr. McCONNELL. Was the Senator blurred. But they erred on the side of to the Senator from Arizona for a ques- from Utah seeking to ask a question? Mr. BENNETT. I would like to obtain more expression. They erred on the tion. the floor in my own right at some side of allowing more and more citi- The PRESIDING OFFICER. The Sen- point, but I make a comment to the zens, if they chose to, to criticize us at ator from Kentucky has the floor. Senator from Kentucky and ask him if any point they wanted to. Mr. MCCAIN. So if I could finish my he would like at this point with respect Now, what we all saw in 1996 was answer. It is not so much that it aggra- to the 126 scholars that have been men- there was a lot of criticism, a lot of vates me as to whether it is negative or tioned up until now—I will wait until I criticism by a lot of groups that a lot not. Of course, it pains all of us when have the floor. of people on my side of the aisle did not the approval rating of elected officials Mr. McCAIN. I think this kind of de- like. But I think there is not any is so low. There was a Fox poll that bate we need to engage in. I think this chance whatsoever the Supreme Court said, ‘‘I believe that my Member of is important. I think the CONGRES- is going to allow us by legislation to Congress is:’’ 36 percent said, ‘‘someone SIONAL RECORD needs to be made and I I can trust,’’ 44 percent said, ‘‘a lying make it difficult for people to criticize look forward to more of this kind of de- windbag.’’ That bothers all of us. But us just because it may be in close prox- bate and discussion because this is that is not the fundamental problem imity to an election. really the heart of the matter. I thank Therein lies the dilemma. My good here, I say to my friend from Ken- the Senator from Kentucky for raising friend from Arizona is trying hard to tucky, because you can do that with this particular issue because this seems do that. I understand why he would hard money. You should be able to do to be one of the major, if not the like to do it. These campaigns are a that with hard money, any kind of at- major, areas that need to be discussed. source of great irritation to the people tack, any kind of thing you want to do. Thank you. who run for public office. I understand What we are objecting to is it being Mr. McCONNELL. I believe I still that. used for soft money and the fact that it have the floor. Mr. MCCAIN. Could I respond? is not independent, does not meet, by I agree with the Senator from Ari- Mr. MCCONNELL. It is just my pre- any objective measure, at least in my zona. I think this is the heart of the diction—just as one Senator here hav- view, the definition of the word ‘‘inde- current version of MCCAIN-FEINGOLD, ing read these cases, it is my pre- pendent.’’ and certainly does need to be ade- diction that the courts will not allow I thank the Senator from Kentucky. quately vented. us to in effect shut these folks up or to Mr. MCCONNELL. I believe I still I see the Senator from Wisconsin was create a context in which their criticiz- have the floor. interested in getting into the discus- ing us is more difficult. That is just my The PRESIDING OFFICER. The Sen- sion. opinion. But it is also the opinion of ator from Kentucky still has the floor. Mr. FEINGOLD. I thank the Senator many, including the American Civil Mr. FEINGOLD. Will the Senator from Kentucky for his courtesy and I Liberties Union, who have looked at yield? will have a couple of brief questions for this particular area. Mr. McCONNELL. No, not right now. him on a very interesting discussion Mr. MCCAIN. Could I respond to the I say to my friend from Arizona, it is that the Senator from Arizona and Senator very quickly? not at all clear that express advocacy Kentucky had. Mr. MCCONNELL. Sure. has to be independent. But neverthe- I ask the Senator from Kentucky if Mr. MCCAIN. First of all, the Senator less, the Senator from Arizona is en- he voted for the Communications De- well knows better than I, footnote 52 is tirely correct that the words are in a cency Act, which was sent up to the where the magic words are, which is a footnote. There is no question that the Supreme Court? footnote on the decision. The interpre- words are in a footnote. Mr. McCONNELL. Frankly, I don’t tation of many of us is that the lan- On the other hand, there have been remember. I am sure the Senator guage in the body of the opinion indi- at least 15 cases in this field. This has knows. cates that Congress does have a role to been a field that has been very much Mr. FEINGOLD. The answer is yes. I play and can be involved in it. litigated. The Federal Election Com- believe there were only 16 Members of S10134 CONGRESSIONAL RECORD — SENATE September 29, 1997 the Senate—I happened to be one—who he believes this is properly character- sible area of Government regulation. did not think it was constitutional, ized as issue advocacy rather than ex- So I say to my friend from Wisconsin, who thought it was a violation of the press advocacy or campaign ad. my prediction that no matter how first amendment to start censoring the The ad concerned a Winston Bryant. much candidate Bryant may not have Internet. The announcement said, ‘‘Senate can- liked that criticism, my prediction Does the Senator recall how the Su- didate Winston Bryant’s budget as at- that the Court is likely to uphold the preme Court disposed of the Commu- torney general increased 71 percent. ability of citizens to band together and nications Decency Act? Bryant has taken taxpayer-funded jun- engage in that criticism is based not on Mr. MCCONNELL. Why don’t I let the kets to the Virgin Islands, Alaska, and some kind of speculation but on 20 Senator from Wisconsin tell us. Arizona, and spent about $100,000 on years of decisions in this field. Mr. FEINGOLD. It was a unanimous new furniture. Unfortunately, as the So I guess my prediction, in answer decision, 9 to 0. State’s top law enforcement official, he to the question the Senator from Wis- The U.S. Senate, including yourself, has never opposed the parole of any consin asked, is that I don’t think voted overwhelmingly for something convicted criminal, even rapists and there is any chance the Court would that in my view, was unconstitutional murderers; and almost 4,000 Arkansas allow the Congress to make it tougher on its face. prisoners have been sent back to prison for people to criticize us. There is abso- What was the downside of it? What for crimes committed while they were lutely no hint in 20 years of cases in happened? What happened was that the out on parole. Winston Bryant: govern- this area that the Court is going to law was struck down, isn’t that right? ment waste, political junkets, soft on backtrack and give us the ability to Mr. MCCONNELL. My friend from crime. Call Winston Bryant and tell quiet our critics. We would love to do Wisconsin, who is a distinguished law- him to give the money back. this. yer and went to Harvard knows that Does the Senator from Kentucky One thing I am sure the Senator from pornography does not enjoy the same consider that to be an issue ad within Wisconsin and I agree on, we don’t like level of protection as political speech. the Supreme Court definition, or does this kind of thing. We really would pre- The Supreme Court has always put po- he think it is possible—possible—that fer not to be criticized by either of litical discourse in a special protected the U.S. Supreme Court just might find these avenues, whether it is independ- category. Pornography, by its very def- that to be a campaign ad? ent expenditures or whether it is ex- inition, has been excluded from first Mr. MCCONNELL. Madam President, press advocacy, we don’t like it. I amendment protection. that ad sounds very similar to some think we can stipulate that. My guess is that in that particular newspaper editorials I have read during However, the Court has been rather piece of litigation we didn’t have a the end of campaigns and in editorial clear over 20 years that we are not very good idea how the Supreme Court endorsements, another form of criti- going to be able to quiet these voices. was going to decide and the Senator cism that we typically find very offen- So my prediction would be that they from Wisconsin is probably going to sive. would not allow us to do it. say why not take a chance here and see My guess is, absent the words ‘‘vote There are others who want to speak. if the Court will uphold these restric- for,’’ or ‘‘vote against,’’ the others that I yield the floor. tions on express advocacy. we went over in the Buckley case, the The PRESIDING OFFICER. The Sen- Mr. FEINGOLD. I assume the Sen- Court would in all likelihood say those ator from Wisconsin. ator has no doubt that this Supreme voters are perfectly free to make can- Mr. FEINGOLD. I thank the Senator Court will strike down the provisions didate Winston Bryant very uncomfort- from Kentucky for his candid answers in our bill he is talking about, isn’t able before his election. and say I have great confidence in the that right? And I understand that the Senator U.S. Supreme Court. They are perfectly Mr. MCCONNELL. It is my hope, from Wisconsin and the Senator from capable of handling this provision. Our Madam President, that we won’t give Arizona would like to change that job is to pass a law so they can take it them an opportunity to do it. standard and give the Supreme Court up and they can strike it down if they Mr. FEINGOLD. I understand, but another chance to try to reach a dif- don’t like it. That is the approach we my question is, Don’t you believe that ferent decision. take here when there is a good-faith Let me tell you why, Madam Presi- this Court would strike down the provi- disagreement about a constitutional dent, I think it is extremely unlikely sions you criticize? provision. Surely there are good-faith that the Court would go in the direc- Mr. MCCONNELL. Yes, I believe the tion that the Senator from Wisconsin arguments on both sides, and the right Supreme Court would not, in this high- would like it to go. Referring again to body to resolve it is the Supreme ly protected area of political speech, the American Civil Liberties Union, Court. allow the Congress to reduce the qual- The PRESIDING OFFICER. The Sen- America’s experts on the first amend- ity of criticism that can be leveled at ment, dealing with the restrictions on ator from Utah. us in proximity to an election. Mr. BENNETT. Madam President, independent expenditures and issue ad- I think we are not flying entirely during the hearings we have held in the vocacy in the bill we are discussing. blind here, Madam President, because They say the new restrictions on Governmental Affairs Committee there this whole delicate area of issue advo- independent expenditure are improp- have been a number of headline-grab- cacy has benefited from a lot of litiga- erly intruding upon the core area of bing witnesses who have appeared be- tion. electoral speech and invading the abso- fore us. Unfortunately, when we got to Mr. FEINGOLD. One other question, lutely protected area of issue advo- the phase of the hearings where we a point I am trying to make for the cacy—absolutely protected area of were discussing this issue, the tele- RECORD is I agree with the Senator issue advocacy. vision cameras all left the room and from Kentucky that should we pass The ACLU went on: Two basic truths the press tables all became vacant. this legislation, this, of course, will go have emerged with crystal clarity after In that atmosphere I was able to say to the Supreme Court. I think it is 20 years of campaign finance deci- some things that I maybe wouldn’t very important that we acknowledge as sions— 20 years. This is not a new area have otherwise said because I knew no we make this RECORD that they will re- of the law; 20 years of campaign fi- one would say anything. It is a bit like view it, and that they will want to nance decisions. the question, When a tree falls in the know exactly what our intentions were First, independent expenditures for forest and nobody is there to hear it with regard to this legislation. express electoral advocacy by citizen does it make any sound? I want to ask a question in terms of groups about political candidates lie at But there was one witness that ap- making this RECORD, following on the the very core of the meaning and pur- peared who made a lot of sound and question of the Senator from Arizona. I pose of the first amendment. This is whose statements are so apropos I have will read the Senator from Kentucky not some peripheral area here—the taken the floor to read most of them an advertisement that supposedly was very core of the first amendment. into the RECORD. His full statement is an issue advocacy ad, apparently le- Second, issue advocacy by citizen available to anyone who wants to go gally treated that way, and ask him if groups lie totally outside the permis- into the committee. I will not take the September 29, 1997 CONGRESSIONAL RECORD — SENATE S10135 time to read the full statement here, I do believe they understand that access is wrongly, the $1,000 contribution limits (to but for the Senators who participated different from influence—even if money buys meet the ‘‘appearance of corruption,’’ and es- in this debate I think hearing some of access. I think they know that access to a tablished a ‘‘bright line’’ of ‘‘express advo- the comments this man made will be leader comes from several different sources— cacy’’—the specific advocacy to vote for or personal friendship, long-time loyalty, fame, against a particular candidate, so named, as particularly enlightening. I am speak- grassroots citizens organization and money, the only place in which the amount of money ing of Curtis Gans, the director of the and that money does not speak with one spent on such advocacy could be regulated. Committee for the Study of the Amer- voice. I think the American people know—as Because the law law was written so that it ican Electorate. The advisory board of their responses to surveys about their own was severable—that the provisions which that committee includes people such as Congresspersons and Senators (the ones with were not struck down—would remain in David Gergen, Peter Hart, Abigail whom they have had first-hand experience)— place, we emerged with an accident waiting McCarthy, Cyrus Vance, former Sec- that the overwhelming majority of leaders to happen, a partial law for which evasion retary of State, Ted Van Dyk, Anne are honorable leaders who arrive at public would prove not only likely, but perhaps nec- policy decisions on a basis other than con- essary. We ended up with contribution limits Wexler, Richard Whalen, and a number tributions. And that if there is cynicism that were constraining and subject to strict of others whose names I don’t recog- about the profession as a whole, it is not be- disclosure, hard money for both candidates nize but I am sure are equally distin- cause of its actions, but because they have and national parties which were severely re- guished. been vilified by those who seek reform. stricted and subject to disclosure both on the Mr. Gans points out he has been the Later on in his statement, Mr. Gans contribution and expenditure level, soft director of this nonpartisan nonprofit gives what I find to be two fascinating money—to nonfederal party accounts and to nonprofit groups—which were unregulated committee for 21 years, engaged in the questions: issues surrounding low and declining and only partially disclosed. . . . The prob- I am fond of asking the question: ‘‘What do lems with the resulting system became evi- voter participation. That is his area of Social Security, Medicare, Medicaid, Aid to dence early. expertise. He has published publica- Families with Dependent Children, Federal Mr. Gans goes on to give us a per- tions, organized commissions, testified aid to education, the Civil Rights Act, the sonal example that I found fascinating. before Congress, engaged in this activ- Voting Rights Act, the Occupational Safety He says: ity for a long period of time. and Health Administration, the Environ- (On the issue of venture capital, I can With my apologies for quoting so mental Protection Agency, the Council on Environmental Quality have in common?’’ speak from some experience. I provided the much, I will get into the details of Mr. The answer is that they were all enacted theory for and helped organize in 1967 some- Gans’ testimony because, as I said, I and created when individuals could give un- thing called ‘‘the Dump Johnson Move- think it is particularly enlightening. limited and undisclosed amounts of money ment,’’ and by the accident of being one of I am now quoting from Mr. Gans: to candidates, often in unmarked paper bags, two persons who knew who populated that Mr. Chairman, with all respect to this and when the Republican party usually en- movement, I became staff director of Sen- committee’s good work and the chairman’s joyed a 3–1 spending advantage over the ator Eugene McCarthy’s 1968 Presidential good intentions, I would like to suggest a Democrats. (As one staff member of this campaign. When the candidate announced on few verities: that campaign finance is the committee has pointed out, it should also be November 30, 1967, he was unknown to 57 per- most overblown issue in American politics, noted that the Hatch and Taft-Hartley Acts cent of the American people; in early Feb- that the problems we face today in campaign were also enacted in this period, lest the Re- ruary, he stood at 2 percent in the polls in finance are the products of bad law passed in publicans think reform would be a good New Hampshire, the first primary, and there 1971 and 1974 and the severability contained thing for their policy ends.) was near-universal opinion that one could in that law and not the result of the Buckley What this incandescently shows us is that not beat a sitting President within his own versus Valeo decision; that there are serious major public policy is a matter of leadership party. If we had had to live within the problems in the present methods of financing and citizen consensus rather than campaign present contribution limits, that campaign campaigns, but that they are built into the cash. would never have happened and the people of incentive structure current law creates; Mr. Gans goes on in his second ques- the United States would have been denied that, in attempting to remedy the existing tion, equally compelling in my opinion: the opportunity to express their opinion on problems deliberations should be guided by I am also fond of asking a second question, the war in Vietnam and Johnson’s leadership the principle of ‘‘Do No Harm,’’ (that we ‘‘What do Michael Huffington, Clayton Wil- within the political process. There was nei- have already seen the unintended con- liams, Rudy Boschwitz, Mark Dayton, Lew ther the time to raise the money or an ade- sequences of good intentions) and that it Lehrman, Jack Brooks, Guy VanderJagt, quately accessible number of small contribu- should proceed incrementally and with true Steve Forbes and, if anyone remembers, tors to make that effort possible. And we do bipartisanship; and that the case for such in- John Connally, have in common?’’ not today know how many other legitimate cremental reform can be done without the The answer is that each and every one of challengers have been denied the oppor- gross vilification of individual leaders or the them spent millions of dollars of their own tunity since 1974 to compete because of a system as a whole which is both inaccurate money, outspent their opponents by as much lack of venture capital.) and does a profound disservice by undermin- as 5–1 and lost. Now, apropos of this debate, Mr. Gans ing—perhaps more than the laws them- When he gets to discussing our cur- has some interesting things to say selves—public faith in the political process. rent problems, Mr. Gans has this to about that great bugaboo, soft money: Mr. Gans goes on in another place in say. Then, there is the question of ‘‘soft his testimony: .. . campaign finance laws were enacted in money.’’ I, along with Dr. Herbert Alexander I think the American people have long 1971 and 1974, whose only beneficially durable and Dr. Anthony Corrado, among compara- known that people give money for essen- features were the mandating of public disclo- tively dispassionate and nonpartisan observ- tially four reasons: sure of some of the money in politics, the ers, have long been a defender of soft money. 1. That they are friends with the candidate provision for partial public financing of cam- I have done so because my research shows or officeholder. paigns and the establishment of an agency, that in competitive campaigns for the U.S. 2. That the candidate or officeholder has which for whatever its flaws, has attempted Senate, nearly 60 percent . . . of the hard views congruent to the giver on one or more to do a decent job of disclosure and tracking money campaign budget goes to televised ad- key issues. and improving election law. vertising, 30 percent usually is expended on fundraising, and the balance on candidate 3. That the opponent has views which are Later, he says: anathema on one or more key issues. travel and staff. In this situation, soft That law were challenged and substantial 4. To gain access to the candidate/office- money are the only funds then and now parts of the law were overturned in Buckley. holder to express one’s interest and point of available for activities involving people— The Supreme Court ruled, and I believe view. grassroots campaigning, voter registration rightly, not, as some would have us believe, I don’t believe that the American people and education and party development. that ‘‘money is speech,’’ but rather that But beginning in 1992, soft money has in- think that Representative . .. money is necessary for speech to be heard. creasingly been used for none of these. In- He names the Member of the other Accordingly, the Court ruled against spend- stead, almost all of these unregulated mon- body. ing limits—as inhibiting speech and competi- eys have been poured into television adver- is a liberal because he gets liberal money, or tion (about which there is considerable evi- tising, which is the antithesis of grassroots that . . . dence) unless such limits were truly vol- organization and party development. They untary and until there were compensatory underline participation and erode respect for He names another Member of the benefits to insure that there would be a full either party. It is safe to say that one reason other body. and fair hearing of campaign speech. It over- the Democratic National Committee is sub- is a conservative because he gets conserv- turned restrictions on the use of personal stantially in the business of refunding illegal ative money. funds in campaigns. But it left stand, I think contributions is that they so denuded their S10136 CONGRESSIONAL RECORD — SENATE September 29, 1997 staff during the campaign to put every last aires and independent expenditures may cre- through a particular set of ill-thought out dollar into advertising that there was no one ate. proposals for reform on a Congress which left to exercise oversight. Madam President, I love this sen- well understands their weakness. Those responsible for this dialogue are All of which is to suggest that—without tence. It summarizes better than any- the high-flown rhetoric about corruption, Common Cause, Public Citizen and their elections being bought and public policy thing I could say how I feel about the mouthpieces particularly on the editorial being for sale—both supporters and critics of enforcement procedures that we are boards of The Washington Post and New current and choice reform proposals see having discussion about here: York Times. And while both the latter are some of the same problems. But to administer such a program would great newspapers with noble journalistic tra- The question is what to do. And therein likely take a bureaucracy larger than the ditions, with respect to this set of issues, all lies the rub. Department of Defense and a litigation budg- should be ashamed. Mr. Gans says: et considerably in excess of the Department Not only because it is not true, but because they, by this attitude, much more than the I will leave to others the argument about of Justice and the tobacco companies combined. admittedly flawed system of campaign fi- the implication of limits on the First nance, are deepening the cynicism of an al- Amendment guarantees of free speech. While Well, what does Mr. Gans have to ready increasingly cynical public. I agree with them, leaders like Senator offer in the way of a solution? He says I know the overwhelming majority of our MITCH MCCONNELL, Ira Glasser, Roy this toward the end of his testimony: leaders are honorable. I know many have Schotland, among a host of others, can carry I think at this time there is a possibility of demonstrated courage in their lives and in this argument better than I. I would rather real bipartisan agreement on a number of their political conduct. I know that, despite deal in the world of practicality. modest, but not unimportant steps. many flaws, this nation’s political system is He goes on to say: 1. That we mandate full and timely disclo- the greatest in the world or at least among I think there are four verities which will, sure of all contributions and expenditures the greatest. at least in my limited lifetime and perhaps above a certain level and within a certain It is time to stand up to the bullies and through the lifetime of my ten-year-old timeframe—including the expenditures and cool the dialogue—to pinpoint our flaws pre- child, continue to hold: larger contributions to State parties and cisely and address them, but not to tear 1. That because of the recent realignment independent expenditure groups. down the system most of us love and are in the South, the Republican Party will con- 2. That we establish nationwide comput- seeking to improve. tinue to have, at the very minimum, a clo- erization of finance records and mandate As I said at the outset, Madam Presi- ture-proof minority. The impact of this on electronic filing and fast release of all things dent, I apologize for quoting so much campaign finance law is that campaigns will mandated to be disclosed. from one man’s testimony. But I found be run for the forseeable future largely or to- 3. That we define adequately what a for- it compelling. I find myself in agree- tally on private money. eign contribution is, provide strict prohibition on such contribution and provide teeth ment with almost all of it, if not all of I think his implication there is that it. I am particularly in agreement with he knows the Republican Party is opin the enforcement of this provision. 4. That, at least within this mandate, we his statements that our problems arise posed to public funding. empower the federal election commission in large part because of the flaws in the 2. That the Supreme Court is highly un- and give it the resources to do its job. current law, and the lack of severabil- likely ever to rule that an individual cannot 5. That we indeed do something about soft ity that occurred when the law came spend whatever he or she wants of his or her money. But that we need to think carefully before the Court, so that when the personal money on his or her campaign. about what we do. To abolish soft money Court found portions of it unconstitu- Thus, we will continue to have self-financed would send money into independent expendi- millionaires running for office. tures and, in the absence of substantially tional they did not strike down the en- 3. That the Supreme Court is highly un- raising the amount which can be given in tire law. And we were left with, as Mr. likely to rule that like-minded people cannot hard money, starve already atrophying par- Gans says, ‘‘an accident waiting to band together, organize, participate and con- ties. happen.’’ tribute to campaigns. Thus, we will continue There is, to my mind, a better way. Which I know in the context of this debate to have political action committees. is that soft money has been justified on the we cannot start with a clean sheet of 4. That the Supreme Court is highly un- basis that it exists to provide a source of paper and move in the direction that likely to say that groups and individuals funds for grassroots activity and party build- independent of campaigns cannot express Mr. Gans outlined. But if in fact, as ing. Let us limit its use to that. Specifically, many are predicting, and as, frankly, I their points of view on the issues and can- let us, as we have not until now, recognize in didates up for election. Thus, we will con- law that such funds exist, deny their use for expect nothing comes of the present ef- tinue to have independent expenditures. broadcast advertising and overrule the Fed- fort to enact McCain-Feingold, I hope (Two things in this regard should be noted. eral Election Commission’s decision that that instead of walking away from it The recent statement by 126 legal scholars, ‘‘generic’’ advertising is not broadcast adver- shaking our heads and pointing our fin- organized by the Brennan Center, was nota- tising as stated in existing law. If we did gers at each other that we take a clear bly silent on these issues. Secondly, Mr. that we would either reduce the demand for look at Mr. Gans’ approach, which James Bopp’s excellent law review article soft money or there would be enormous which chronicles various recent cases regard- would be to, as he quotes Abraham Lin- amounts of money moving in the right direc- coln, ‘‘think anew and act anew,’’ and ing independent expenditures shows that, if tion—in activities that educate and engage anything, both the Court—in the Colorado the citizenry and strengthen and build politi- say, We can solve this problem. We can case, and the courts, in general, are likely to cal institutions rather than in destroying solve it in a bipartisan manner. But we expand the ability of both parties and inde- the will to vote. can do it in such a way that would not pendent groups to exercise their free speech This would not solve all the problems con- create all of the evils that his testi- rights in the electoral context.) tained within the campaign finance conun- mony so graphically describes. All of which suggests to me that no closed drum, particularly with respect to contribu- I thank my colleagues for their in- system can or, from my point of view, should tion limits, independent expenditures and dulgence in allowing me to read so be created and that limits will not work. the overall and spiralling demand for money. Do we really want to continue the current much. But it would be a good start. It would make I yield the floor, Madam President. low level of contribution limits and continue the system profoundly more accountable, to advantage millionaires and those with and it would correct the worst abuses of soft Mr. DORGAN addressed the Chair. large rolodexes of midlevel and large con- money without rendering the parties impo- The PRESIDING OFFICER. The Sen- tributors? tent. ator from North Dakota. Do we really want to abolish soft money if Mr. DORGAN. Madam President, I Finally, as he concludes, Mr. Gans the net effect will be simply to starve the po- must say that it is interesting when we summarizes this whole circumstance in litical parties and drive money toward inde- involve ourselves in aggressive and pendent expenditures? language that is one of those phrases controversial debates that we find from you say afterward, ‘‘Gee, I wish I had He says: time to time we disagree with col- written that.’’ In some mythical world it might be con- leagues for whom we have the greatest This is his conclusion. ceivable to create a system of limits which respect. That is certainly the case with would not have downside effects—that would The dialogue on campaign finance has gen- me for the Senator from Utah. He is be high enough to insure competition, that erated a maximum amount of heat and a would provide for full accountability, and minimum amount of light. one of the best Members of the U.S. would provide varying forms of compensa- Our political system has been called cor- Senate, and I have been privileged to tion for the inequities that grants the con- rupt. Our Congress bought. Our leaders cow- work with him on a lot of things. And, stitutional rights to such entities as million- ardly. All in the name of attempting to force yet, I profoundly disagree with him on September 29, 1997 CONGRESSIONAL RECORD — SENATE S10137 this issue. I want to spend a bit of time I want to describe that just a bit in like to be intruded on when I am in a explaining why that is the case. terms of what I mean by that. full cry. But I am emboldened by the In September 1796, George Washing- The Senator from Wisconsin read an kind of words that my colleague of- ton announced that he was retiring advertisement. I want to read it again fered at the beginning. after some 45 years of service. I want to because I think it is at the heart of This is a personal observation. I read just a paragraph from his Fare- this discussion, and it is at the heart of agree with the Senator absolutely. well Address, which is read each year the mess that we find ourselves in in That ad should be identified; that it here in this Chamber. campaign finance reform. This was an was clearly part of the campaign. I am George Washington wrote: ad in a Senate race down South. I will not any more fooled than anybody else. This government, the offspring of our own just add as an aside that both political However, we are driven to that kind of choice, uninfluenced and unawed, adopted parties did this. Independent groups did chicanery by the present law. upon full investigation and mature delibera- it. But here is an ad. My solution—and I am speaking tion, completely free in its principles, in the Senate candidate Winston Bryant’s budget clearly just for myself and not for any- distribution of its powers, uniting security as attorney general increased 71 percent. body else on this side—would be to re- with energy, and containing within itself a Bryant has taken taxpayer-funded junkets to peal the present law and allow the provision for its own amendment, has a just the Virgin Islands, Alaska and Arizona, and claim to your confidence and your support. campaigns to go back to a degree of spent $100,000 on new furniture. Unfortu- honesty. I do say to the Senator: I be- George Washington was right about nately, as the State’s top law enforcement lieve that under the present ruling of that. I wonder today, as perhaps others official, he has never opposed the parole of any convicted criminal, even rapists and the Court the statement by the Sen- have before me, why has the confidence ator from Kentucky is correct. The and support of the American people in murderers; and almost 4,000 Arkansas prisoners have been sent back to prison for Court would rule that since the magic this institution receded? What is caus- crimes committed while they were out on pa- words were not in that ad it would in ing that? role. ‘‘Winston Bryant: government waste, fact not be considered a campaign ad I happen to enjoy public policy. I political junkets, soft on crime. Call Winston under the legal definition. rather like politics. I feel that it is an Bryant and tell him to give the money I agree with the Senator. The legal enormous privilege to serve here in the back.’’ definition is artificial and improper. U.S. Senate. And, yet, I think the po- Should there be some position that But I would solve it in ways other litical system is a system that has be- says they don’t have any right to say than passing the McCain-Feingold. come distorted in a caricature of itself. this? No. Whoever did this has every I thank my friend. The question is, what can we do about right to put this on television, and did. Mr. DORGAN. I appreciate the con- that? What should we do about that? In Do they have a right to put this on TV tribution because the contribution answering that, we should probably an- with soft money so that those who con- made by the Senator from Utah is that swer, what is the problem? Answer the tributed are never disclosed? Do they this sort of thing is improper, and that question, what is the problem? And have a right to say this is not part of it is chicanery. then define, what is the solution? the political process; this is not part of If that is the case—if in fact what I I have listened for the last hour and the campaign; it is totally unrelated; just described is improper and chica- a half with great interest to my friend, this is an issue advocacy commercial? nery—then the question isn’t whether the Senator from Kentucky, who I am Does that pass anybody’s laugh test? there is a problem. The question is, sure will be back on the floor momen- Not in a million years. What do we do about the problem? tarily. He made references when the That is why one Senator, when asked And there are some people, as the Senator from Arizona was speaking repeatedly by the Senator from Ari- Senator from Utah especially knows, in that no one can nor should be pre- zona, ‘‘Do you really think these are this Chamber who would say, What vented from involving themselves in independent; do you really believe problem? There is no problem. The issue advocacy, et cetera. No one that these are independent expenditures?’’— only problem we have, they say, is I am aware of on the floor of the Sen- referencing a series of these kinds of there is not enough money in politics. ate has ever proposed such a position. things. It was never answered. I sus- I want to show my colleagues what is No one that I am aware of is suggesting pect the answer would be no. happening with campaign finance. that anyone under any circumstances We all understand what is going on. This line, the red line, describes what in this country can be prevented from The same people are involved. They is happening with funding for political speaking, or prevented from paying for hire common television producers to campaigns in this country. a political message. No one has made produce the commercials, and the same I assume we can find people who will that proposition. fundraising networks. But it has become to the floor and will wave their So, to the extent that it is being rep- come a legal form of cheating. It has arms, and say on this floor and on the resented that is so, let us say, yes, that taken the old tax reform law and ma- floor on the other side of this building, is the case. And let’s move on to what nipulated it and distorted it to the Well, the American people spend x hun- we are debating, and not create a new point that is no longer recognizable, dreds of millions of dollars on Rolaids, debate. and becomes what I think is a legal they spend x hundreds of millions of When the Lincoln and Douglas de- form of cheating. And I say that we dollars on Preparation H, and Oh Henry bates were well underway, at one point, ought to stop this. Stop it by saying candy bars and, therefore—what? I am told, President Lincoln was so You can’t say it? No. You can say that. Therefore, what? It is totally irrele- frustrated because he couldn’t get Mr. But if you want to get involved in this vant. Douglas to understand his point. And particular Senate campaign, then you The point is what is happening to finally he said to him in great frustra- must abide by the rules. You say it by campaign financing is it is mushroom- tion, ‘‘Well, then tell me. How many hard dollars and disclose who donated ing and escalating out of control. Is legs does a horse have?’’ the hard dollars. there a problem? Or is it just fine? Douglas said, ‘‘Why, four, of course.’’ That is the point. It is not that they In the paper today there is a state- Lincoln said, ‘‘Well, now if you were can’t say it. It is that they are required ment by one of the leaders of the other to call a horse’s tail a leg, how many to use the same hard dollars that the body saying there is not enough money legs would the horse have?’’ people involved in the race are using, in politics; we need more money in pol- Douglas said, ‘‘Why, five.’’ and getting it from the same sources itics. In fact, those who debate this Lincoln said, ‘‘See, that is where you and disclosing who made the contribu- issue saying there is too much money are wrong. Simply calling it a leg tion. in politics are wrong. We need more doesn’t make it a leg at all.’’ Mr. BENNETT. Madam President, money in politics, they say. That is the point in this debate. One will the Senator yield for a question? I could not disagree more. You see can take positions. But if they are not Mr. DORGAN. I would be happy to what is happening. There is too much on point and totally relevant to what yield for a question. money in politics. Too much money. In is being discussed, what is the value of Mr. BENNETT. I hesitate to intrude State after State after State, all of the position? when he is in full cry because I don’t these campaigns are mushrooming out S10138 CONGRESSIONAL RECORD — SENATE September 29, 1997 of control, and it is not just the cam- to the solution of that? Well, you try No one is suggesting that you could not paigns; it is the independent expendi- to establish some spending limits, do anything that constitutionally pro- tures and all the groups weighing in some spending limits that are prac- hibits criticism of the Congress. We with chicanery and with improper, in tical, that you can make stick. have generous criticism of the Con- my judgment, spending, packaging up John F. Kennedy used to say that gress, always will. The issue that Sen- things saying, by the way, this is inde- every mother kind of hoped her child ator MCCAIN and Senator FEINGOLD ad- pendent, this is express advocacy, this might grow up to be President as long dress is not criticism of the Congress. is issue advertising. And all of us know as they didn’t have to be active in poli- It is the corrosive influence of money that you cannot say that any longer tics. I suppose he was musing about in campaigns. And ads like this spon- with a straight face. It is all connected. how unpopular the process of politics sored and run by organizations whose It is all part of the same campaign. It is. I am not someone who believes that funding is secret, undisclosed to any- becomes legal cheating. If we do not politics is something that is under- one in this country, collected in soft have the courage to stand up when we handed or dirty. I think politics is money increments perhaps of $20,000, see this proliferation of legal cheating noble and honorable. I am involved in $50,000, maybe $100,000, could be $1 mil- going on and saying, if that’s the way it because I enjoy the political process. lion. We have seen 1 million chunks of the law is going to be interpreted and But I do not enjoy what is going on money go in soft money, undisclosed if, after pulling the teeth of the FEC, with respect to campaign finance. I secret money, through organizations we complain they can’t chew, if we are think this system is broken. No one in used as express advertising or express left in that position, then let us at this Chamber can look at this system advocacy rather than declare they are least change the campaign finance law and with a straight face say, yes, this not part of the campaign. What a to know what we should do in this system sure does serve America well. bunch of rubbish. It does not pass any country and take at least some of the This system does not serve this coun- laugh test in any cafe in this country, influence of money out of campaigns. try well. This system is a disservice to and that is why we must be serious Now, there is a proposal that is being the country. Now, do we fix it by sug- about trying to find a way to thought- debated in the Senate called the gesting, as one Senator today has im- fully reform this system. McCain-Feingold proposal. I don’t plied, that we prevent this group or I would like to just mention two ad- think it is perfect. If I had written it, that group from being able to speak in ditional items before I close. One of the I would have written it differently. I the political system? No. No one has concerns I have about our political sys- cosponsored it, but I would have writ- ever recommended that—no one. So if tem is so much of the advertising is ten it differently. But it is a proposal you want to have that debate, have negative. There is nothing you can do that deals with a whole range of that debate alone. You can always win about that; I understand that. We can- things, and it needs to deal with some a debate that no one else is involved not prohibit this kind of advertise- more. I hope that we will add to it an with. I say good for you; you just won ment. We can say, if you are going to amendment to restore a portion that a debate that I was advocating. put this kind of advertisement on the was not included when it was brought We are not suggesting, none of us, air, you have to play by the rules and to the floor of the Senate but which that we would infringe on the right of get hard money and disclose the do- was included when it was written. That any group to say anything at any time. nors. provision is spending limits. I am saying, however, that when you There is nothing wrong with that. Now, I want to deal just a bit with take a look at advertisements like the But we cannot prohibit any advertise- this question of spending limits and one I described and read in the Cham- ment. So much of it now is negative free speech. I noticed this weekend ber, as did Senator FEINGOLD, and un- and so much of it is a 30-second little some of the columnists talked about derstand that this is a pole vault over political explosion that goes on across the speech patrol and the infringement the legal definition and becomes on its our country where candidates are not of free speech, and so on. face a farce and an attempt to under- even hardly named, at least with re- Spending limits, which is not now in mine the process, if we are not willing spect to the person’s campaign, in fi- this bill, which I think should be—and to decide to correct this, then there is nancing the 30-second ad. It is a name- I hope there will be an amendment we no hope for us to deal with the issue of less, faceless, little bomb directed to can vote on to restore spending lim- campaign financing. destroy, tar or feather some other can- its—is an attempt to say let’s establish We have a bill in the Chamber that is didate. a set of rules by which campaigns are called a reform bill. It is cosponsored One of the small amendments that I waged and let’s try to see if we can, if by Senator MCCAIN from Arizona and intend to offer is the following. We now not establish enforceable spending lim- Senator FEINGOLD from Wisconsin. require in Federal law that television its, at least establish voluntary spend- Both of them are Senators for whom I stations provide the lowest cost for tel- ing limits with sufficient incentive have a great deal of respect. I do not evision commercials during certain pe- that most campaigns would abide by agree with them on everything either, riods of the year. In other words, the voluntary limits. The limit might be but they brought a reform to the floor lowest part of their rate card must be $1.5 million in one State, $3 million in of the Senate. It is interesting; at least offered to campaigns for those political another, less than that in a third for a half-hour or so today I heard a de- commercials. I am going to propose State, in which both candidates agree scription of this bill that doesn’t that the lowest cost on their rate card here is a practical limit on spending. match the bill. The description was be provided candidates whose commer- As I said, there are lots of ways to do that somehow Senator MCCAIN and cials are at least 1 minute in length that. The Supreme Court has already Senator FEINGOLD want to prohibit and on which the candidate appears 75 ruled by a one-vote margin that en- criticism of the Congress. So I felt, percent of the time. I am not suggest- forceable spending limits is not appro- well, maybe I may have missed some- ing you cannot continue the 30-second priate; it is unconstitutional. I think thing here. Maybe they have intro- slash-and-tear ads. Everybody can do the Supreme Court ought to be asked duced a bill that I hadn’t read pre- that. Why should we reward those ad- to rule again on another case because, viously. vertisements with the bottom of the if it is that close, I think you can make But then I realized that is simply rate card? Why don’t we as a matter of the case they might rule differently in taking the debate and moving it over law say we will provide and require the other circumstances. Notwithstanding here to create an issue that does not lowest rate be offered to those com- that, I think we ought to try to work exist because one is uncomfortable de- mercials that are at least 1 minute in to achieve some approach by which we bating the issue of McCain-Feingold. length and on which at least 75 percent are able to get spending limits in cam- No one is suggesting there would be of the time the candidate appears in paigns. any manner that one could devise in the commercial. The problem is campaigns cost too McCain-Feingoldo prohibit criticism of Well, we will have a debate about much. That’s why money has such a the U.S. Congress. Lord, read a couple that. I suppose some will say, well, corrosive influence in politics. Cam- hundred years of history and discover that is interference. We interfere al- paigns cost too much. How do you get about a Congress that’s been criticized. ready by saying you must charge the September 29, 1997 CONGRESSIONAL RECORD — SENATE S10139 lowest rate that a television station of- some amendments and reach a conclu- gone out of control and the con- fers for advertising for a political cam- sion on campaign finance reform that sequences it has had on our great de- paign during certain portions of the is good for this country and restores mocracy. year. Perhaps we could do so providing some confidence in the American peo- There was the international entre- an incentive that the campaign com- ple that we are moving in the right di- preneur who never registered to vote mercials be somewhat instructive and rection. because he thought his money was somewhat related to the candidate who Mr. President, I yield the floor. more influential than his franchise. is actually paying for the campaign Mr. LIEBERMAN addressed the The sad fact is, he was right. commercial. Chair. There was the story of the White There are several kinds of air pollu- The PRESIDING OFFICER (Mr. AL- House official who advised a potential tion in this country, one of which is po- LARD). The Senator from Connecticut. contributor, whom he had never met, litical air pollution, and if we can do Mr. LIEBERMAN. I thank the Chair. whom he had just talked to over the anything to in any small, measurable This, as the tone of the debate indi- phone, about how to effectively skirt way, provide a little more thoughtful cates, is a critically important debate tax liabilities on a proposed donation approach to campaign advertising with consequences that go well beyond of somewhere between $1 million and $5 through an incentive, then I would like the subject at hand, campaign finance million. to see us do it. I expect, however, that reform, because the infusion of massive There was the Republican Party re- when and if I am able to offer this amounts of money into our political search institute that defaulted on a amendment, some will suggest it is process affects so many other areas in loan from a Hong Kong businessman some sort of colossal interference. I which we are supposed to govern and to and then swindled him out of the inter- think not. I think it is a sensible, legislate, and it is why this appro- est he had earned on his own money, thoughtful way to address that issue. priately becomes a priority topic. which was deposited as collateral for Finally, if the problem is there is too As I hear the seriousness of the de- the loan; and the party chairman, much money in politics and the solu- bate in the Chamber, I must share my Democratic Party chairman, who alleg- tion is to reform our campaign financ- own disappointment that there is mur- edly called on the CIA—although there ing system in one way or another, then muring outside the Chamber that noth- is doubt on this, conflicting testimony, how will we reform our system? Well, ing is going to happen this year, that but an allegation that the chairman we reform it by bringing a bill to the there is not going to be any campaign called on the CIA to help burnish the floor and passing it, doing the same in finance reform legislation adopted, image of a questionable contributor. the House, going to conference, agree- that this is just a lot of sound and fury In no uncertain terms, as far as I am ing in conference and getting a bill to which, as the bard reminded us, will concerned, people with fat wallets the President he can sign. signify nothing. bought access at the highest levels of Now, is that likely? What is likely to Well, that would be an infuriating our Government, executive and con- be the future of campaign finance re- tragedy, an outrageous, in my opinion, gressional, and some Government lead- form? I applaud Senator LOTT for abdication of our responsibility, a ers were perfectly willing to auction bringing it to the floor of the Senate shocking refusal to face the facts that off their clout. for a debate. Giving us the opportunity have come out at the hearings of the As California entrepreneur and major to discuss this issue is important. But Senate Governmental Affairs Commit- Democratic donor Johnny Chung ob- it is the starting line, not the finish tee, on which I am privileged to serve. served, ‘‘The White House is a subway: line. The finish line for Congress will That committee’s hearings show that You have to put in coins to open the be when we have, on a bipartisan basis ours is a system in crisis, and it is a gates.’’ hopefully, achieved an agreement on a crisis that affects so many aspects of Clearly, the two parties, in their mad campaign finance reform package that our Government. scramble for money, shamelessly ex- will give the American people some I hope these murmurings are wrong, ploited during the 1996 election cycle basic confidence that what we are hold- and I hope that the debate we have well-intentioned campaign finance ing are elections not auctions; some begun in the Chamber will signify more laws to the point of rendering them basic confidence that we will step away than noise; it will signify the beginning meaningless. In the end, their debased from this exponential increase in of a genuine effort to change the laws, standards of the pressure-cooker world spending on political campaigns. to go back in some ways to where we of high-stakes election campaigns Senator MCCAIN and Senator were after the last great campaign fi- mocked one of the basic principles of FEINGOLD have taken a first long jump nance scandal, which was the Water- our democracy, the principle that all here to get this legislation to the floor gate scandal, to go back to the laws citizens have an equal vote, an equal of the Senate, and I hope that in the adopted after that scandal which set voice in the governance of their coun- coming few days we can open up the limits not only on contributions but on try, an equal opportunity to influence process and allow some amendments spending in a campaign. its policies. and have a vote. In my capacity as a member of the Now we have an unfettered political I noticed today, when the Senate Governmental Affairs Committee, I fundraising system that neither serves opened for business, amendments were have had what might be called a front- the public interest nor deserves the offered in a very careful way. In fact, it and-center view of the extraordinary public trust. No wonder the American took, I believe, six different amend- failures of the status quo campaign fi- people look on politics with a jaun- ments today in a series of maneuvers nance system, failures that routinely diced eye. No wonder more and more of to fill the tree which, for those who stem from the corrupting influence of them have concluded their vote doesn’t don’t know about our parliamentary big money in politics. As if peeling count, so they don’t vote. I saw a sur- situation, means that no one else is al- back the layers of an onion, in this vey awhile ago of 165 countries in the lowed to do anything at this point be- case a spoiled onion, our investigation world today who conduct elections. cause the parliamentary tree is full. slowly revealed story after story of un- The United States of America is 139th Amendments are not allowed. So we seemly and negligent behavior that all in terms of those of voting age who ac- have had a maneuver that was accom- too often seemed to cross over the line tually vote. Our proud democracy—we plished today to fill the tree. into lawlessness. are proud to call it the greatest democ- So we will see where all that leads. I know the Governmental Affairs racy in the world—we are 139th among Every time somebody does that—and Committee’s hearings were controver- the countries of the world in the per- both sides have done it about a handful sial. Sometimes they were criticized centage of our population that can vote of occasions—every time someone has for being partisan. In fact, sometimes that actually does vote. Don’t you done it, they have done it to prevent they were too partisan. But the fact is, think part of that has to do with the someone else from doing something though they were not always orderly conclusion that millions of our fellow later. I hope that is not the case. I hope and they weren’t always neat and they Americans have made that their vote we can shake this tree a bit and shake weren’t always pretty, they told a doesn’t count, not if they don’t have it sufficiently so that we can offer story. They told a story of a system money? S10140 CONGRESSIONAL RECORD — SENATE September 29, 1997 The proposal offered by Senators ed to talk to President Clinton and any power in any human society, peo- MCCAIN and FEINGOLD is, in my opin- other high officials of our Government ple have tried to seek favor by convey- ion, our best hope for changing this un- about his plans to finance an oil pipe- ing items of worth, and they will con- acceptable status quo and for reviving line through the former Soviet Union. tinue to do so. But, when soft money public faith in our Government. The National Security Council warned contributions open the door to unlim- The key to real reform, I conclude against admitting Tamraz to the White ited contributions, when the competi- after sitting through the Senate Gov- House. They had already decided, in tive pressure of our political cam- ernmental Affairs Committee hearings, the due and diligent exercise of Gov- paigns raises leads to spending without is less big money and less special inter- ernmental decisionmaking, that his limits, the temptations will be that est money in the election process. That proposal was not the right proposal for much greater for the influence peddlers is exactly what the McCain-Feingold a pipeline in that particular part of the and purchasers, for the hustlers to try bill would do. The central provision of world. They understood that he was to buy something big. Frankly, the this bill is a ban on soft money; that is, falsely claiming White House support temptation will be that much greater a ban on unlimited contributions to for his projects. They warned that, if and, ultimately, for many, irresistible, the two national parties from corpora- high officials of our Government gave for those in power to sell what the in- tions, unions, and wealthy individuals. him even a meeting, even were seen fluence purchasers are trying to buy. It is hard to believe, but it actually close to him, he would trade on that That is why, in short, we have to ban was 1907 when a law was passed by this proximity in the area of the world in soft money. Congress that made it illegal for cor- which he was doing business. The attempt to influence Govern- porations to contribute to political But Tamraz was nothing if not per- ment with purchases is nothing new. campaigns. In the 1940’s a similar law sistent. He said to us at one point that, Look in the Bible. There is a prohibi- was passed regarding labor unions. How ‘‘I’m the kind of person, if I can’t find tion there against judges or other lead- is it that in the 1996 election corpora- my way through a door, I’ll go through ers accepting gifts from anyone who tions and labor unions contributed a window. And if that window is closed, comes before them for judgment, any- hundreds of thousands of dollars indi- I’ll go through another window until I one who is affected by their leadership. vidually, millions in some cases? It is get in.’’ He went so far as to enlist a The wisdom there was based on an because of this so-called soft money, buddy at the CIA to lobby the adminis- understanding of human nature and this little opening that was created in tration on his behalf. But what he real- the need for those in government to set a vaguely worded law that was then in- ly did was kept going to the window limits to protect themselves and those terpreted by the Federal Election Com- with his checkbook. Eventually, he was they governed. People in government mission to allow people to give unlim- invited to six different social gather- who exercise power are, after all is said ited amounts of money to parties to ings. and done, beneath their titles, no mat- help voter registration, get out the The very troubling clincher is this. ter how high they are, just human vote, that turned into a loophole large When I asked Tamraz when, not wheth- beings with the same frailties as every- enough for a fleet of trucks—not Mack er he registered to vote—because I then one else. Put them in the public com- trucks but Brinks trucks—to go driv- was going to ask him what party he petitive reality of a political campaign, ing through. was in, trying to prove the fact that and too many will not be able to say The explosive growth of soft money parties didn’t matter to him, ideology no, particularly while they see their and the way it is spent represents, in didn’t matter to him, he was just buy- opponents saying yes. my opinion, the most egregious abuse ing access, he was trying to influence The Governmental Affairs Commit- of our campaign finance laws today. our Government with bucks—when I tee’s hearings have built significant Most of the controversial donations asked him when he registered to vote support for banning soft money. Just from the 1996 campaigns were soft- he shocked me by saying he wasn’t reg- last week, John Sweeney, the president money contributions. Most of the for- istered to vote. When you think about of the AFL–CIO—his organization, in eign money contributions that we took it, in his world, the world that soft fact, contributed millions in soft evidence on at the governmental Af- money invites, there is no need to reg- money, almost all of it to the Demo- fairs Committee hearings were soft- ister to vote. His money was more im- cratic Party in the 1996 cycle—said, money contributions. portant and bought more access than soft money donations are ‘‘polluting Soft money has played a role in Fed- any vote could. It was as if he was say- our political system.’’ eral elections since 1980, the year after ing: Oh, voting is a nostalgic exercise Last week, a group of business lead- Congress tried, the way I mentioned, to for those millions of people out there ers made essentially the same state- enhance the role of national parties. who don’t have influence—most Ameri- ment demanding a ban. Chief execu- But in 1996 it exploded—$272 million cans. They are the ones who can take tives at Monsanto, General Motors, and that we know of spent by both national the time to register and vote. I buy my Allied Signal have already dropped out parties in soft money in 1996, 13 times way, in America, to the highest levels of the soft money game. Why? They the amount spent in 1984, an increase of power. So Mr. Tamraz seemed to be said it is impossible to track contribu- that has dramatically changed the saying. tions to gauge their success. In other landscape of campaign fundraising and The right to vote, which was central words, the payoff for five- or six- or of American democracy. By the No- to the creation of our country, the seven-figure contributions is simply vember 1996 elections, the soft-money right to vote, for which our founders not worth the expense. loophole had become a cash bonanza and succeeding generations of Ameri- I will tell you something else they for the two parties, an irresistible op- cans have fought and died, didn’t mat- didn’t say. Members of the Senate may portunity to raise and spend money, ter to Tamraz. He figured it out— have heard, as I have, from people who each driving the other to keep up, and $300,000 bought him a lot more access were solicited for soft money contribu- the easiest way to do it was to raise big in this democracy than anybody who tions, large contributions. They felt co- money. It became, for that reason, the just votes had. This standard is so well erced. They felt it hard to say no. most expedient way for an elite class of embedded in our political system that Think about it, if you are the executive contributors to buy access; frankly, for when I asked him whether he got his of a business and you have a lot of con- an elite class of contributors to be ex- money’s worth, even though he never tact with the Government and are reg- ploited, in some sense coerced, by the actually won White House support for ulated by the Government, if you are political class into giving contribu- his pipeline nor got a separate private the executive of a business that has tions of unprecedented size. meeting with the President, Tamraz matters before Congress and a high of- The quintessential example of trad- said next time he’d double that dona- ficial in the executive branch or the ing money for access was the brutally tion to $600,000. legislative branch calls you and asks honest and now legendary Roger I am not naive. People have always for a large soft money contribution, it Tamraz. An international banker-busi- tried to do what Roger Tamraz did. As is hard to say no. nessman, Tamraz donated $300,000 to long as there have been governments, If we are successful only in banning the Democratic Party because he want- as long as there have been people with soft money, however, as important as September 29, 1997 CONGRESSIONAL RECORD — SENATE S10141 that is, our work will still be incom- run on what the law says can be spent money to get it or, as I believe my plete. Although I must say, if we could on a campaign. friend and colleague from Georgia, just ban soft money, I think we will No one can be held accountable for Senator CLELAND, who is on the floor, have achieved enormously significant the false or misleading information said in our committee—and I para- reform. those ads might convey, because the phrase knowing I will not achieve the But in the best of all worlds, it is not public doesn’t know who paid for the pungency that he did—if money equals enough, and in the best of all bills, the ads. And yet in the 1996 election cycle, speech, if you have to have big bucks McCain-Feingold bill, they don’t stop advocacy groups and the two parties to have speech, that means the people at banning soft money. It is important spent more than $135 million on issue who don’t have big bucks aren’t going to go on. Money is like water, it flows ads. That is about one-third of the $400 to have any speech. Is that what the to the weakest point. Just as water million that was spent on broadcast ad- Framers of the Constitution intended spills through an unplugged gap in the vertising by all Federal candidates last when they adopted the first amend- dike, once one hole is filled, it will find year. ment? I can’t believe that they did. the next hole, or it will find the weak- Kathleen Hall Jameison, director of Several times in the history of the est point in the dike to make a hole. the Annenberg center, concluded that Supreme Court, the Justices have ap- Political money seeks unregulated issue ads ‘‘set an agenda different from plied principles of law that did damage gaps in our election laws. that of either candidate and, in some to our country and that experience ul- I do not say this simply as a matter cases, drown out the voices of these timately proved were not realistic. of physics or theory. I say this, again, who are actually running for office.’’ That most tellingly was the case when as a result of what we heard in the We run the risk here, Mr. President, the Court upheld segregation laws on a hearings before our committee. Money of the candidates becoming bit players theoretical basis of equal protection blocked by contribution limits to can- in a contest that occurs at a higher when the reality of equal protection didates flows instead into unlimited level between dueling interest groups was not there. soft money contributions to parties. spending millions of dollars running It took until 1954 when a massive Money blocked by a soft money ban issue ads with soft money. amount of evidence was brought before will be diverted in increasingly large McCain-Feingold appropriately pro- the Supreme Court to show that sepa- amounts to unregulated issue ads. poses a more precise distinction be- rate but equal was in fact not equal— Issue ads are paid for by soft money tween ads supporting or opposing an only then did the Court strike down raised by independent advocacy groups issue versus those supporting or oppos- those discriminatory laws. In another and parties. They are supposed to be ing a candidate. I am convinced, based way, this was true with some of the about specific policy issues, not spe- on my own reading of the Supreme labor laws adopted in the earlier part cific candidates. That is why unlimited Court decisions, that that provision of this century. amounts of money may be spent. But will withstand the constitutional test. Minimum wage laws were originally issue ads, as we heard discussed on this The soft money ban and the crack- struck down as violations of employ- floor in the 2 days of this debate, have down on illegal issue ads, which I have ee’s rights to contract until a case was actually become stealth candidate ads. spoken to, are two of the most criti- built by advocates for those laws which Widespread abuse in the last election cally important and politically realis- showed that the right to contract, saw these ads hiding behind the veil of tic reforms that we can hope to make. though noble in theory, was not real issue advocacy, even as they promoted I say politically realistic in the sense when you had two unequal parties ne- or attacked individual candidates. of being related to the political reality gotiating the contract. So the Supreme A study by the nonpartisan independ- that we all have experienced in cam- Court reversed itself, and upheld the ent Annenberg Public Policy Center paigns, and it was vividly documented minimum wage laws and maximum found that 87 percent of the so-called in the hearings that the committee hour laws to protect working people issue advertisements broadcast in 1996 held. from being exploited. mentioned a candidate by name—87 Other provisions in the McCain- Respectfully, I think the same sce- percent mentioned a candidate. Almost Feingold bill—strengthening disclosure nario is true with regard to the inter- 60 percent showed the likeness of a can- requirements, outlawing the solicita- pretation of the first amendment ren- didate. tion of campaign donations in Federal dered by the Supreme Court of 1976 in The Annenberg study further found buildings and limiting the amount of Buckley. Let me just point out for the that more than 40 percent of the 1996 personal money that candidates may record, which a lot of folks forget—I ads plainly attacked candidates, not is- contribute to their own campaign—will forgot myself before I went back and sues. One of the witnesses before our also help bring our fundraising system read the Buckley decision—that the committee said last week that by his back under control. post-Watergate reforms, the 1974 Fed- review of the ads, the issue ads were But, Mr. President, I regret that the eral Election Campaign Act didn’t just actually more negative to candidates bill has been stripped of the voluntary say that Mr. Buckley, who was a part- than the candidate ads were. Some ads spending limits in it, because I believe time resident of my State and truly don’t bother with issues at all. that ultimately the best way to end one of the Lord’s noble people, could One of these ads, run by opponents of corruption or the appearance of corrup- spend his own money and not being re- a congressional candidate in Montana, tion in campaigns is to impose spend- stricted from doing so by the law, but simply used the air time to rehash the ing limits on campaigns. the Buckley decision struck down the candidate’s marital problems. Ads I know that there is a disagreement preexisting limits on what Members of broadcast by the Democratic and Re- among Members on whether that would Congress could spend in their cam- publican parties ostensibly on the is- be constitutional. Under the Buckley paigns—the 1974 act actually had limits sues in the 1996 Presidential campaign versus Valeo decision, mandatory that Members of both the Senate and were little more than biography spots spending limits would not be constitu- the House could spend on their cam- at best, promoting the election of tional. If I had my druthers, as Li’l paigns based on a certain amount per President Clinton or of our former Abner used to say, personally I would voter in the State—the Court struck leader, Bob Dole. like to see that 1976 Supreme Court de- that down on the theory that that was Issue ad sponsors, like the AFL–CIO cision overturned, because I think the an element of free speech. or the National Rifle Association, are central principle established by that But what is the reality? The reality under no obligation to disclose the case, that money equals speech, is not is that the unlimited spending that has money they spend when they do issue right, and, even if it had some validity occurred has distorted and constricted ads. But when the ad zeros in on spe- in theory in 1976, it no longer reflects free speech. It has limited the free cific candidates, as we all know was the reality of the last 20 years of cam- speech of those who don’t have the the case and as the Annenberg study so paign raising and spending. money. It has undercut the other fun- brilliantly documents, clearly there is Money doesn’t equal speech. How can damental bedrock principle of our Gov- at least a violation of the spirit of the speech be free if it costs money? How ernment that everybody should have Federal spending limits. It is an end can speech be free if you have to spend equal access to Government. All people S10142 CONGRESSIONAL RECORD — SENATE September 29, 1997 are created equal, all created in God’s shows. They will find ways to raise the moment or will this debate ulti- image. Our rights were given to us not that money in larger and larger mately be just a lot of sound and fury by Congress, but by our Creator, as it amounts even if it means ignoring the that will ultimately produce nothing? says in the first paragraph of the Dec- results and breaking the law because I thank the Chair and I yield the laration of Independence. That prin- the stakes are enormous. Those who floor. ciple clearly has been compromised by continue to argue for the Buckley deci- Mr. NICKLES addressed the Chair. the enormous sums of money people sion are just not considering the reali- The PRESIDING OFFICER. The Sen- are spending in political campaigns ties of what has happened under that ator from Oklahoma. today. decision. And those realities are based Mr. NICKLES. Mr. President, I wish I must also say that the testimony on the realities of human nature and to speak on campaign reform, but I we heard, and I understand we didn’t the give-and-take of today’s real politi- also see my colleague from Georgia is hear exactly a random sample of con- cal world. here. I have kind of come in two or tributors of big soft money contribu- Despite all of that, we have to legis- three times to speak thinking maybe tions, but it seemed to me, at least, late within the Buckley decision. We we are going to alternate. I do not that those generous contributions were have to recognize that reality. Within want to impugn on his time. not political speech in the way we nor- that decision, I think the McCain- Mr. CLELAND. Mr. President, I yield mally contemplate. Feingold proposal, by banning soft to the Senator from Oklahoma. Roger Tamraz did not give $300,000 money and regulating issue ads, does Mr. NICKLES. I thank my colleague because he had a particular feeling as much as we can possibly do and does from Georgia. It is a pleasure to serve that he wanted to express about an ide- a lot to put us back on course to pro- on the Governmental Affairs Commit- ology, a candidate or a party. He was tect the equal access to and founding tee with him. He is one of the mem- buying access. He was trying to make principles of our Government. bers, as well as the Senator from Con- money. It was clear that he was willing If we do not adopt something like necticut, who spends a lot of time on to spend $300,000, $600,000 because he this, I hesitate to think about what the the committee and does a very good would have made hundreds of millions future is going to look like. Despite all job, I will say, in really trying to find of dollars if his pipeline proposal had the congressional hearings, all the spe- out what has happened and what the been adopted. cial investigations, all of the concern facts are. Johnny Chung, Yogesh Ghandi, the about foreign money and big money in Mr. President, just a few general whole range of people who were buying the 1996 campaign, the fact is that comments on campaign reform. Every- access through soft money, they were while all this attention has been given, body says, ‘‘Well, now we change the not interested in political speech as we Federal Election Commission records law. It’s vitally important for us to know it, the kind of political speech show that the two parties have actu- change the law.’’ I think it is more im- that the Founders of our country es- ally raised $34 million in soft money in portant, and maybe the best campaign tablished in our formative documents. the first half of this year, which is not reform that we could have would be en- They were buying a picture with the less than the last comparable period, it forcement of the existing law. President to take back home, as one is 21⁄2 times the $13 million raised in Why in the world, if the statutes are said, ‘‘to put powder on my face so I the 6 months after the last election. very clear on the books—and some peo- would look better so I could convert These numbers are going to continue ple say they are ambiguous; I think I that into business.’’ They were looking to escalate, Mr. President, unless we will show in a moment they are not to do business. They were looking to find the courage to rein in the system, that ambiguous—why in the world influence Government to make them to rein in ourselves. If we face the 2000 should we be worried about changing richer. That is not political speech in Presidential election without any the law if we are not going to enforce the traditional way in which it has change in the law, I am afraid it is the law as it is written? been known. They were advancing going to be the biggest auction in We have numerous cases that, I be- their interests. American history. lieve clearly, laws were broken, and in White House coffees, photo-ops with What is going to be for sale is our some cases flagrantly broken, and yet the President, breakfasts, lunches, din- Government. And what is going to be we have seen almost no enforcement ners with Members of Congress—these lost is the people’s faith in public serv- from this administration, and yet they are the things that top-dollar contribu- ice, which will erode at ever-alarming are out there beating the drum, saying, tors enjoy. These are the things that rates unless we give them, by our ac- ‘‘Change the law. Change the law.’’ It are protected by the Buckley decision. tions, reason to respect the political reminds me of something like some- These are things that we do not nor- system. Our own integrity, human as body has been robbing banks and says, mally consider to be speech in the full- we are, full of frailties as we are, our ‘‘Oh, yes, let’s have a tougher law est sense of our democracy. own integrity will continue to be against bank robbing. Oh, yeah, I’ve Jefferson, I think, would be sur- threatened by the pressure to spend big been doing it a long time. Oh, yeah, if prised—Madison, Hamilton, Adams, no money in an unlimited system and the I get caught, I’ll send the money matter which side they were on, in the need, therefore, to raise it. back.’’ I don’t think that is good early debates of our country’s history, Mr. President, the people are watch- enough. they would be surprised to see that it ing. They are skeptical. We can control As a matter of fact, this administra- is the rights of Roger Tamraz and temptations that inevitably arise when tion has been caught with their hand in Johnny Chung that we are now using gigantic amounts of money are avail- the cookie jar for millions of dollars. the first amendment to protect. The able for political campaigns. Millions They have sent millions of dollars Supreme Court adopted that theory in of them have, in fact, given up on us back, and they say, ‘‘Well, that’s OK.’’ 1976, but now we have the facts. And and our system, bringing our great de- Well, I do not think that is OK. with the facts, I hope someday we can mocracy I am afraid to one of the low- If the law has been broken, it should reverse this decision. est points in its proud history. be enforced. If we would enforce the I know that more than 20 State at- We have it within our capacity to law, if we would actually indict people, torneys general of both parties have change all this, to work together if we would arrest people, if we would formed a task force to see if they can across party lines to reform the status seek their participation and comments find a case to take back to the Su- quo of the campaign finance system, to before a grand jury, I think that would preme Court to relitigate the Buckley return our politics to a higher ground do more for campaign reform than any decision, because the fact is that you and revive our citizens’ trust in their of the bills that we have before us. cannot really have contribution limits Government by adopting genuine cam- And we have a lot of bills, good bills without spending limits that are effec- paign finance reform like that included I will say, Democrat bills, Republican tive. in the McCain-Feingold bill. bills. Before we do that, we have sev- When candidates and parties are free The question remains, and it will eral statutes that are on the books to spend as much money as they want, echo throughout the debate this week that ought to be enforced. Frankly, they will. That is what the record and next, will we do it? Will we seize they have not been enforced. You September 29, 1997 CONGRESSIONAL RECORD — SENATE S10143 might say, ‘‘Well, give me an exam- fit in return for political support. I could go on and talk about Charlie ple.’’ Johnny Chung is reported to have do- Trie getting a Chinese arms dealer into One that has been kind of famous is nated $25,000 to Ms. O’Leary’s favorite a White House coffee with President 18 United States Code 607: prohibits so- charity at her direction in order for Clinton. Only 4 days before the coffee, liciting and receiving contributions in Mr. Chung to obtain a meeting with it is reported, Mr. Huang’s arms trad- Government building. several Chinese businessmen. He con- ing company received special permis- I know we heard from Mr. Sandler, tributed the money. He got the meet- sion to import 100,000 special assault who is general counsel for the Demo- ing. Ms. O’Leary’s charity got the weapons, although there was a ban on cratic National Committee say—well, $25,000. He also donated more than the importation of these assault weap- he interprets that to mean that you $360,000 to the DNC from 1994 to 1996. ons. can be in a Federal building, you can And 2 United States Code 441(e): pro- United States Code 7201 prohibits make all the phone calls you want on hibits a foreign national from making evasion of income tax; United States hard money, soft money, as long as you a political contribution either directly Code 371 prohibits conspiracy to de- are calling somebody that does not or through another person. Also pro- fraud the United States. The Buddhist happen to be a Federal employee in a hibits anyone from accepting such con- temple is a tax-exempt organization. Federal building, that you can do it. tributions. They made contributions to Vice Presi- That is an absurd reading of the stat- Pauline Kanchanalak contributed dent GORE, they made contributions to ute. I do not see how an intelligent per- $135,000 which the DNC had to return other colleagues in this body, they son can read the statute and come to when it was revealed the contribution made contributions at the DNC with that conclusion, but that is the Demo- was actually from her mother-in-law. tax-exempt dollars. People were get- cratic National Committee’s general She visited the White House 26 times, ting tax deductions, writing checks to counsel, that was his general summary. she testified. Yet, has she been before a the Buddhist temple, and the Buddhist It seems to be the advice that the Vice grand jury? Has this administration temple wrote political checks. Every- President has followed, to say he has done anything to compel her testimony body else in the country who writes po- broken no law. for laundering funds? I do not think so. litical checks has to do it with after- But the law is very clear. It says it Charlie Trie contributed $789,000 to tax dollars. In this case, people got a should be unlawful for any person to the President’s legal defense fund tax deduction for contributing to a solicit or receive campaign contribu- which we heard testimony that some of Buddhist temple, and it was the Bud- tions in a Federal building, period. If the checks were laundered through a dhist temple who was making contribu- you look further, the definition of Taiwan-based religious sect, Suma tions. ‘‘contribution,’’ is ‘‘money received to Ching Hai. He also received a steady That is wrong. That is against the influence an election.’’ So I think they stream of wire transfers from foreign law. That is against the IRS Code. I have broken the law. sources from 1994 to 1996, totally $1.4 just quoted the IRS Code. Who has Maybe we will just ignore the law million, some of which came from Mr. been indicted on that? This is an egre- and say there is no controlling legal Wu, his Macao-based business partner. authority because that law has not Some people said, ‘‘Well, we haven’t gious violation of the law. It has hap- been enforced. But my guess is no seen any foreign money.’’ They have pened time and time again. My point is we need campaign re- other administration in history has not had their eyes opened. ever broken the law like this adminis- Mr. Trie had a lot of foreign money, form. In my opinion, one of the best tration, never abused the law, never $1.4 million, wired in, and he had great steps we could take toward campaign pushed the envelope. I think they access. This is a person who is a Little reform would be to enforce the existing pushed well beyond the envelope. I do Rock restaurant businessman. And all law. Maybe we should enforce the ex- not think it is into the gray area. I do of a sudden he is spending millions of isting law and find out where its short- not think it is a couple cases where dollars, had unbelievable access to the comings might be before we try to ex- somebody called you back and, ‘‘Well, White House. He visited the White pand the law or redefine the law or yes, we’d like for you to host some- House at least 37 times. He received a change the law. thing.’’ I think this was systematic, Presidential appointment to a foreign Now, Mr. President, I want to make a flagrant—‘‘Let’s raise a lot of money.’’ policy commission, one that the Presi- couple of comments concerning the I believe very much that the President dent had to expand the number of com- legislation that we have before the and the Vice President were involved missioners so he could serve on it. Senate, the so-called McCain-Feingold in it. The President had a memo that John Huang directed a $50,000 con- legislation. First, let me compliment said, ‘‘Start the overnighters at $50,000 tribution to the DNC through Hip Hing the authors of the legislation because I and $100,000.’’ I happen to think that is Holdings which was reimbursed from think they made some steps in the the silver bullet people are talking Lippo’s Indonesian headquarters. John right direction. They have improved it about. Huang and a DNC fundraiser, Maria and taken off, as I can see, the spend- The President of the United States Hsia ‘‘Shaw,’’ collected $100,000 to ing caps. They have taken off the ban said, ‘‘Let’s start the coffees.’’ He is $140,000 from Vice President GORE’s which, incidentally, I think is clearly talking about raising money. They had Buddhist Temple fundraiser of which unconstitutional. They have taken off 103 coffees. They raised $26.4 million. In half had to be ordered returned from the ban on PAC’s, political action com- the President’s own handwriting he foreign sources. A lot of that money mittees. Those are steps in the right said, ‘‘Start them.’’ Guess what, they was laundered as we found out through direction. started right after he said, ‘‘Start testimony. It happens to be illegal. They did a couple of things, though, them.’’ ‘‘Start the overnighters’’—they United States Code 201: prohibits any that need to be improved upon, one of started the overnighters. They had Federal official from receiving any which is they said, well, we are going hundreds of people spending the night, benefit in return for official action. to codify Beck. We are going to make hundreds of people spending the night Johnny Chung brought in six Chinese sure union members can get their in the White House, more than any officials to hear the President’s radio money back. That is the language I other administration, a volume that address and gave the First Lady’s chief have heard bandied about on the floor. they have never seen before. And a of staff a $50,000 check in the same Mr. President, that is not good enough. whole lot of them were contributing week that he was able to get them in. I firmly believe we should make sure $100,000. We had the FBI testify that 51 In exchange for $50,000, they were able that all Americans have voluntary con- averaged over $107,000 each to spend to attend the radio address. That hap- tributions to campaigns. No Americans the night in the White House. I happen pens to be illegal. Has Mr. Chung been should be compelled to contribute to a to think that is a flagrant violation of indicted? Has he been brought before a campaign, whether they work for a the current law, the law as it is written grand jury? Has he testified before the business, whether they are a member of right now. Senate committee? No. Mr. Chung the union, or whether they are not a We could just go on and on. made a statement, ‘‘I see the White member. Some say that is an antiunion And 18 United States Code 600: pro- House like a subway; you have to put provision, a killer amendment. I beg to hibits promising any Government bene- in the coins to open the gates.’’ differ. If we are going to pass campaign S10144 CONGRESSIONAL RECORD — SENATE September 29, 1997 reform this year, we will pass a provi- know, nobody should be compelled to of things for real campaign reform that sion that makes campaign contribu- contribute to a political campaign we could pass in a bipartisan fashion. tions voluntary for all Americans. against their will. Nobody. I believe one fundamental freedom I feel very, very strongly about this. So that is one of the amendments we should exist that we should all agree You might say, where did this come have up here. I don’t look at it as a on, Democrats and Republicans, and from? It came from a town meeting I killer amendment. I tell my colleagues that is that all campaign contributions had in Collinsville, OK, when an em- I am willing to negotiate. I heard Sen- should be voluntary. That is the reason ployee of American Airlines held his ator MCCAIN say he is willing to nego- why we have the Paycheck Protection hand up, and one of the first questions tiate. I am willing to negotiate. Sen- Act. We don’t want anybody reaching he asked was, ‘‘Senator NICKLES, I real- ator LOTT asked me to see if we into your back pocket, taking your ly don’t like my money being taken couldn’t work out a bipartisan bill. I money out, and spending it for politi- away from me on a monthly basis with- am willing to work with my colleagues. cal purposes unless you say OK. That is out consent to be used to elect people I mentioned earlier, I think the your back pocket. You are the one who and support issues I don’t agree with. McCain-Feingold bill took some steps worked hard; you are the one who put That is not America. That is not in the right direction. I think it maybe the money in there. Nobody—no group, right.’’ The company the person has a couple of steps further to go. This no association, no employer—should be worked for happened to be American is one of them. This is one of them. If able to reach in and say, ‘‘I will take a Airlines. He happened to be what some we are going to have campaign reform, little bit out and spend it the way I people call a blue-collar, middle-in- in this Senator’s opinion, it will have want without your permission.’’ We come American. He is a great Amer- to start with the premise that all cam- will protect your paycheck and let you ican. He is a union guy. He is prounion. paign contributions will be voluntary; have control over it. That will be part He just wants to have a voice on make sure that no one is compelled. of this bill. It will be the first amend- whether or not he is going to contrib- Then what else can we do? We can do ment I believe we will vote on. ute to a political party or not. a lot of things. Some say ban soft I urge my colleagues to vote for it. I happen to agree with that. I happen money, others have proposals to limit Mr. CLELAND addressed the Chair. to be a Republican, but I don’t want soft money. Some say allow individuals The PRESIDING OFFICER. The Sen- anybody taking my money to spend it to do more. Some people have ideas re- ator from Georgia is recognized. for political purposes without my con- quiring that a certain percentage has Mr. CLELAND. Mr. President, I en- sent. It would be over my body. I don’t to be raised within an individual’s joyed the remarks of my colleague think anybody should be compelled to home State or district. I think all from the great State of Oklahoma. contribute to a different campaign or those things are legitimate for discus- Mr. President, this is a day I have to a campaign they don’t agree with. If sion. Let’s put them all on the table. been waiting for since I had the great you are going to have compulsory cam- Some people have a proposal that says honor and privilege of taking my oath paign contributions, you have lost real you can’t contribute to campaigns un- of office as a U.S. Senator back in Jan- freedom, you have lost your political less you can legally vote. I think that uary: a day when we are debating pend- freedom. To say, ‘‘We will give you in- is a good proposal. Other people want ing campaign finance reform legisla- formation on how you can get a re- to have free TV time. I don’t happen to tion on the Senate floor. It has been a fund,’’ is not satisfactory. That is after agree with that. Some people want to long and tortuous road since January, the fact. That is after your money has have subsidized TV or half-rate TV for and on more than one occasion, we already been taken away from you, political candidates. I don’t agree with have all heard pronouncements that spent in a way you didn’t like, and, that. campaign finance reform was dead for ‘‘Oh, yes, you can file for a refund. In- I am willing to talk about it. I am this session, if not for all time. cidentally, you have to go through a willing to negotiate. I am willing to ne- That we are here today is a great lot of trouble if you file.’’ gotiate everything I mentioned, but tribute to the perseverence an effec- Guess what? You can’t be a member the one fundamental thing I draw a tiveness of my friends and colleagues, of the union. Under the Beck language line on is that the campaign contribu- Senators MCCAIN and FEINGOLD, as well we have in the McCain bill and under tions have to be voluntary. as the relentless commitment of the the language that is currently out, if I take issue with anybody who says Democratic leader, Senator DASCHLE, you get a refund, you have to be basi- that is an antiunion bill. That is a to the cause of campaign finance re- cally a nonunion member. You can’t proworker provision. That is a form. vote in union elections. You can’t de- profreedom provision. It is basically I wish also to thank the distin- cide who would be president of that saying no one should be compelled to guished majority leader for affording union. You can’t have any impact on contribute to a campaign against their us the opportunity to debate, and cast the collective bargaining strategy. will. That is a fundamental American meaningful votes, on this vital issue. Maybe you want to be a member of the freedom. We should be ashamed of our- This is also a testimony to the union. Maybe it is the thing to do, but selves for making anybody be com- groundswell of public opinion that is you disagree with the union’s political pelled to contribute to a campaign compelling us to act on a very embar- agenda. Right now you don’t have a against their will. rassing matter, the way we raise politi- choice. You can’t have both. You can’t We will fix that. I hope we will fix it. cal money. be in the union and say, ‘‘No, I don’t I believe we will fix it. I also believe Will Rogers said it best: ‘‘It takes a want my money going to elect liberal that will be part of our bill, and then I lot of money now days to even get beat Democrats or to elect people who have will tell my colleagues I don’t look at with.’’ That was said over 70 years ago. a social agenda that I disagree with.’’ it as a killer amendment, because I’m It is certainly even more true today. You don’t have that option under cur- willing to work with them to try to But, in describing the current rent law. pass real, substantive campaign re- unremitting, unforgiving money chase We will change that. If we are going form. which has overtaken our democratic to have campaign reform this year, we Keep it constitutional, do not limit process, especially, at the Federal will have the underlining promise that speech, encourage participation, make level, in such a manner as to have a all campaign contributions will be vol- it possible for more people to partici- ‘‘for sale sign’’ on both ends of Penn- untary, period. Every employee that pate, do not come up with a system sylvania Avenue, I like the quote by works for any company should know that guarantees incumbents’ advan- W.C. Fields to the extent, ‘‘We must his campaign contributions will be vol- tage. I am more than willing to do take the bull by the tail and face the untary. If he doesn’t want to make other things that would limit incum- situation.’’ them, he doesn’t have to make them, bents’ advantage. We can say, incum- As we begin this Senate debate on period, whether they are a member of bents, you can’t do any mailings in an whether or not we should enact far- the union, not a member of the union, election year. That will crimp it down reaching restrictions on the current whether they work for a company that a little bit. Incumbents, you cannot way money is raised and spent for Fed- doesn’t have a union, they should all have carryover funds. We can do a lot eral office in America, we must face September 29, 1997 CONGRESSIONAL RECORD — SENATE S10145 the situation that this current system Madison, had that in mind when they bate about campaign finance reform is fatally flawed. It has enough loop- helped create this Government. and free speech is not one of absolutes, holes in it to drive a fleet of 18 wheel- Mr. President, the other day I was as some would have it. This is not a ers through it and is rendering our over in the Library of Congress and re- choice between a system of unfettered democratic process and our Govern- ceived a marvelous book by James free speech and government regulation, ment, which flows from that process, Madison, titled ‘‘The Search for Na- for our current system recognizes vulnerable to influence peddling, the tionhood.’’ Mr. President, I am afraid many, many instances in which there inordinate impact of special interest that more and more candidates for is a legitimate, and constitutional, pressure groups, foreign influence and Federal office are not so much in public interest in regulating speech, outright corruption. search of fulfilling our search for na- from slander laws, to prohibitions on It’s time to take the bull by the tail. tionhood as they are for fulfilling the the disclosure of the identities of I for one have been fighting this bat- search for money. American intelligence agents, to the tle for campaign financing reform for I certainly don’t think they had that campaign arena itself, with a long- many years. in mind when they led the effort to cre- standing ban on corporate contribu- In 1974, in the wake of the Watergate ate the U.S. Senate. Jefferson and tions, and quarter-century and older scandal, I introduced legislation in the Madison led the way to create the Sen- limits on other forms of contributions Georgia Senate when I was a State senate to look at the long view of Amer- and disclosure requirements. ator limiting campaign expenditures ican government, and provide a bal- So the debate really isn’t about free and contributions. As Georgia’s sec- anced approach for the future of our speech. TV isn’t free, yet it’s the main retary of state in the 1980’s and early country. vehicle by which Federal candidates 1990’s, I fought for tighter limits on Thomas Jefferson, the author of the connect to their voters, and the single campaign giving, and full disclosure of Declaration of Independence stated in most important factor driving up cam- lobbying expenditures. that magnificent document that the paign costs. In the words of Dr. Norm As a U.S. Senator sworn in this year Founding Fathers had pledged their Ornstein, a noted political scientist on January 7, the first legislation I lives, fortunes and sacred honor. They and recent witness in the Govern- signed as a cosponsor was the McCain- didn’t say that in order to set up a mental Affairs hearing, the question is Feingold campaign financing reform democratic form of government that not free speech, but whether we will bill. I am 1 of 45 of my Democratic col- one had to spend their lives to pursue erect some fences to prevent the worst leagues and 4 of my Republican col- a fortune to run for public office and abuses of campaign financing to occur. leagues pledged to support the McCain- jeopardize their honor in the process. I’m for tighter fences, to prevent the Feingold bill in its present form when Opponents of McCain-Feingold tend horse from getting out of the barn next it comes to the floor of the Senate. to concentrate their spoken criticisms time. Also, as a new Member of the Senate, on its alleged violations of free speech. Campaign finance reform opponents I volunteered for service on the Gov- Those criticisms mistakenly equate also sometimes claim to be concerned ernmental Affairs Committee, which money with speech. It is an equation that such efforts will further increase has been conducting a far-reaching in- which inevitably leads to the conclu- the advantage currently enjoyed by investigation into the multitude of al- sion that the paid speech of the mil- cumbents. Even on its face, I have a leged illegal and improper activities lionaire will have greater weight and hard time taking this argument seri- associated with the 1996 campaign. influence than the opinions and expres- ously. I am aware of very, very few Just last week, the committee turned sions of the common man and woman. cases in the real world of contemporary to consideration of suggested remedies Certainly there can be little doubt American politics, whether at the Fed- for such abuses. All year long, I have about the commitment of James Madi- eral, State, or local level, where in- listened to numerous witnesses, sifted son, Father of the Constitution, an ar- cumbents do not enjoy a substantial through countless pages of testimony, chitect of the Bill of Rights, and Presi- advantage over challengers under the read scores of media reports, and other- dent of the United States, to the great current system. And, it is difficult to wise immersed myself in the nitty-grit- cause of free speech. But listen to what imagine any situation under which any ty of the financing of Federal cam- Madison wrote in The Federalist Pa- form of campaign limits, whether or paigns last year. I also had the per- pers: contributions or spending, will not con- sonal experience of enduring the cur- But what is government itself, but the strain far more the incumbents rather rent process in my own race for the greatest of all reflections on human nature? than the challengers. If men were angels, no government would be For example, earlier this year, the U.S. Senate in 1996. necessary. In framing a government which is Sitting in these hearings and seeing to be administered by men over men, the group Public Citizen presented one of the sordid tale of the money chase in great difficulty lies in this: you must first the first detailed analyses of the likely 1996, has turned my stomach. I also enable the government to control the gov- impact of the expenditure limits con- think the American public has viewed erned; and in the next place oblige it to contained in the original version of all this with increasing disgust. What I trol itself. McCain-Feingold, based not on theo- have witnessed, heard, and read has While he was certainly both a revolu- retical conjecture, but on the actual made me even more convinced than tionary and a visionary, Madison never results had S. 25 been in effect in the ever that we must strengthen our cam- allowed himself to stray too far from most recent elections for each of the paign financing laws, now, and provide the practical realities of the world in 100 U.S. Senate seats, based on the 1992, strong enforcement through the Fed- which he lived. To him, the lack of 1994, and 1996 Senate elections. The eral Election Commission of these human perfection was thus the basis findings of the Public Citizen study laws, or risk seeing our elections proc- for government, and a factor which clearly demonstrate that had the pro- ess, which is supposed to be conducted must be taken into account in provid- visions of McCain-Feingold been in ef- between the candidates, the press, and ing a government with sufficient pow- fect since 1992, Senate campaign spend- the voters, be swept away in a tidal ers to accomplish its necessary func- ing would have been reduced by $259 wave of big bucks. Unless we act now, tions, while at the same time holding million—that’s $259 million—with far we will only see the power of special in- it fully accountable to the governed. more of this reduction coming among terest groups, corporations, and unions We must hold those who run for Fed- incumbents than challengers. While to pedal influence grow. We will only eral elective office fully accountable to fully 90 percent of all the Senate in- see our system more and more vulner- tight regulations and complete disclo- cumbents were able to exceed McCain- able to foreign governments and un- sure in the raising and spending of Feingold’s spending limits, just 24 per- scrupulous individuals. Unless we campaign dollars. cent of all the challengers did so. In tighten our laws, we will see our sys- Last week on the Senate floor, Sen- other words, 9 out of 10 Senate incum- tem more and more operating against ator THOMPSON delivered a very fine bents would have been forced to spend the public interest. statement on campaign finance reform less by McCain-Feingold, while only I don’t think our Founding Fathers, and free speech in which he pointed out one in four challengers would have seen especially Thomas Jefferson and James that, in the real world, this current de- their spending constrained. This should S10146 CONGRESSIONAL RECORD — SENATE September 29, 1997 put to rest any legitimate argument spending by the national political par- campaigns for Federal office in a fair that spending limits are an incum- ties—something that has been the bane and democratic manner. bent’s protection measure. The record of those that care about campaign fi- My colleagues, the country is watch- does not bear this out, and as the fig- nance reform, and who have witnessed ing what we do on campaign finance re- ures demonstrate, this is not even a the testimony before the Government form. Make no mistake about this. close call. Affairs Committee. It should be noted They are understandably skeptical Some also charge that McCain- that the pursuit of soft money is at the that we will take action to reform the Feingold, in whatever version, would root of almost all of the questionable system under which we all were elect- somehow advantage Democrats more fundraising activities identified to date ed. Their expectations for our action than Republicans. First of all, one of by the Governmental Affairs Commit- are quite low. Let’s surprise the public the prime sponsors of S. 25 is my good tee upon which I sit. as well as ourselves. Let’s prove that friend and fellow Vietnam veteran, the I might say also that if you ban soft physicians can heal themselves. Let’s distinguished senior Senator from Ari- money then all contributions, whether take the bull by the tail. zona. Senator MCCAIN is many things. you are a union member, a citizen, I urge my colleagues to support the He is a wonderful human being, and a stockholder, would be voluntary be- distinguished efforts of two courageous fine Senator. But, he is also a very cause you would have only two ways Senators, JOHN MCCAIN and RUSSELL faithful Republican. He would never you could contribute: Independently on FEINGOLD, who through their diligence, put forward a proposal which would your own, or through a political action persistence, and strong belief in up- harm is party. committee registered with the Federal holding the finest traditions of our Once again, the Public Citizen report Elections Commission. That is volun- democratic process have brought us to bears out this commonsense wisdom. tarily as well. this hour. Since 1992, almost identical portions The bill modifies the definition of I yield the floor, Mr. President. Mr. FEINGOLD addressed the Chair. of Democratic and Republican Senate ‘‘express advocacy.’’ These are ads, un- The PRESIDING OFFICER. The Sen- candidates would have exceeded fortunately, that don’t provide a clear ator from Wisconsin. McCain-Feingold spending limits: 54 distinction between communications percent of Democrats, 59 percent of Re- Mr. FEINGOLD. Mr. President, let used to advocate issues from those used me first thank my friend, the Senator publicans. You can’t get much more of to back or oppose candidates. This bill a level playing field than that. from Georgia, for his kind remarks, but would require that clear distinction. more importantly for his steadfast sup- And, while the revised version of Under the proposal, independent McCain-Feingold does not contain port on the issue of campaign finance groups will be free to air either kind of reform. spending limits, the principles of great- ad, but to qualify for the ‘‘issue ad’’ er constraint on incumbents than chal- The first thing that the Senator from designation and thereby to avoid the lengers, and of relatively even partisan Georgia did when he became a Member disclosure and financing requirements impact, applies to soft money and issue of this distinguished body was to co- applied to candidates and party com- advocacy advertising as well. sponsor our legislation. But he didn’t As I have told anyone who has asked, mittees, they merely have to not use a stop there. He has been out here every I like being a U.S. Senator. Having the candidate’s name or else run more than single time we have had to fight the privilege of representing my State in 60 days before the election. This hardly battle. And I know he will be again. I this body, where such giants as Clay, represents an infringement on free thank very much the Senator from Webster, Calhoun, Norris, LaFollette, speech. Georgia for his support. Dirksen, and Russell have served with It improves the enforcement of exist- I also want to thank my colleagues, distinction is the greatest honor of my ing laws by expanding disclosure and Senators LEVIN, LIEBERMAN, DORGAN, life. But, sitting here day by day, with Federal Election Commission monitor- COLLINS, and, of course, Senator evidence continually mounting in the ing capability. It strengthens current MCCAIN for taking the time on what is Governmental Affairs Committee hear- law in such areas as fundraising from usually a quiet Monday to have a very ings of campaign abuses, and public Federal property, and the use of the intense debate to continue this discus- opinion surveys chronicling the loss of Congressional franking privilege. sion on campaign finance reform. public trust in the political process, It strictly codifies the Beck decision Mr. President, one of the most impor- not to mention the ongoing massive concerning the right of nonunion mem- tant tactics that has been used already fundraising which takes place all the bers to have a refund of any union fees in this debate is to single out a couple time in the Nation’s Capital, I cannot used for political purposes to which of provisions of the McCain-Feingold but conclude that the current cam- they object. modification and to suggest that they paign finance system is broken and It bars political parties from making are the entire bill. It happens that the cries out for reform. coordinated expenditures on behalf of provisions that have been discussed— We have heard a lot of talk, and we candidates who do not agree to limit the issues having to do with express ad- will hear more talk this week and next, their own personal spending on their vocacy, and a couple of others—are about these abuses, and about the gen- own behalf. very important provisions, but you eral topic of campaign finance reform. It bans all campaign contributions would swear that they were the whole But, the time is coming when we must and expenditures by foreign sources. bill. That is because it is virtually im- take action. Certainly, the revised In addition to this core package, Sen- possible to criticize or attack the rest McCain-Feingold package is not per- ators MCCAIN and FEINGOLD will offer of the bill. Let us remember what is in- fect; it is not all that I think needs to an amendment, which I strongly sup- cluded in the entirety of the McCain- be done to remedy our problem, but it port, to establish a voluntary system Feingold modification—the bill that we is an essential first step aimed at deal- in which those candidates who raise a introduced today. ing with the worst of these abuses majority of their contributions in their First of all, it completely bans soft which currently plague our campaign home State, accept no more than 25 money. We have heard virtually noth- system. percent of total contributions from po- ing on the floor effectively criticizing The revised bipartisan campaign fi- litical action committees, and spend no banning these $100,000, $200,000, and nance reform proposal does not contain more than $50,000 of their own money $500,000 contributions that have clearly spending limits, does not contain lim- in the election would receive a 50-per- undermined our political process and its on PAC’s, and does not provide free cent discount on television costs. made a mockery of the fact that for al- or discounted broadcast air time for We must have controls—rigid, well- most a century corporations have not Federal candidates, all of which I per- enforced controls—on campaign financ- been allowed to give contributions to sonally favor. It places no limits on ing because campaigns are the embryo campaigns directly, and for almost half what groups or organizations say in of democratic government itself. Men a century labor unions have not been their campaign-related communica- are not angels, yet we must find ways allowed to give contributions directly tions. to govern ourselves in a fair and demo- to campaigns. Our bill bans that, and What the proposal does do is this: It cratic manner. Therefore, we must the other side apparently has dropped bans soft money contributions to and enact laws to control the financing of their concern about that. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10147 There is also virtually no discussion Why doesn’t the other side say any- That was an unfortunate claim be- of the fact that our bill strongly im- thing about the fact that the McCain- cause 1 week later we were able to re- proves the provisions having to do with Feingold bill bans the practice of using lease a letter signed by 126 constitu- disclosure of information about cam- mass mailings under the franking tional experts across this country rep- paign contributions; and strengthens privilege in an election year? We get resenting 88 different institutions, in- the hand of the Federal Elections Com- rid of that. We get rid of that incum- cluding those in Kentucky, saying just mission so it can do its job; so we can bent protection provision in current the opposite—126 constitutional schol- enforce the current laws—the very ar- law that allows Senators to send out ars specifically said that the ban on gument that we have heard the major- thousands, tens of thousands, of items soft money and those provisions that ity leader and the Senator from Ken- at public expense, at Government ex- relate to providing voluntary incen- tucky make. ‘‘Why don’t we enforce pense when they are running for reelec- tives to candidates to limit their the current law?’’ tion. We get rid of that. I happen to not spending are perfectly constitutional Why no comment about the series of do these mailings anyway. A number of within the ruling of the Supreme Court important provisions in our bill that do Senators do not do them anyway. But 20 years ago in Buckley versus Valeo. exactly that, that improve disclosure we get rid of that in an election year. It is hard to read this chart because and improve enforcement? But no comment whatsoever from the there are so many of them, because 126 Why no comment on the lowering of other side. of the leading constitutional experts in contribution limits from $200 to $50? If Our bill also clarifies, which is long this country say that this constitu- somebody gives $100 to a candidate, we overdue, that it should be absolutely tional argument is wrong. In fact, the think this ought to be reported. unlawful to raise any money or solicit constitutional argument is nothing but Why no comment on the fact that any money on Federal property, wheth- a smokescreen because it has been our bill strengthens the hand of the er it be in the White House or whether shifting from month to month. First, it Federal Election Commission by tri- it be in the Capitol or whether it be in was the claim that the PAC ban was pling the penalty for knowing, willful one of these Senate or House office unconstitutional, even though the Sen- violations of Federal election law? This buildings. We do know that even Mem- ator from Kentucky knew very well is exactly the kind of provision that bers of Congress have already said that that we had a backup provision because the other side claims we should have they have done that. This bill makes it of that concern which he himself had and yet fails to mention it is part of clear that there are no excuses for introduced in the past. The Senator the bill. from Kentucky had proposed the very Why no mention of the fact that our doing that in the future. No reference from the other side ex- provision that he said was unconstitu- bill does provide for electronic filing cept for a brief one to the fact that we with the FEC on a daily basis of cam- tional. So then he shifted to saying do begin in this bill to voluntarily pro- paign contributions so that the public that banning soft money was unconsti- vide an incentive to candidates to limit does not have to wait and the media do tutional. Well, that is not working out very not have to wait for 6 months to find their spending. Our bill, as we intro- well after 126 constitutional scholars out whether a contribution occurred in duced it today as a modification to the say just the opposite. There is no credi- close proximity to a vote? Our bill pro- underlying bill, says that if you con- ble argument under current law that vides for that. Our bill provides that tribute over $50,000 of your own per- banning that kind of contribution is the FEC would make campaign finance sonal money to a campaign, you can do records available on the Internet with- that, but you shouldn’t be able to get unconstitutional. There simply is no in 24 hours of their filing. the large party-coordinated expendi- credible authority who believes that. The bill also strengthens the hand of tures to assist you. We do that. So the Senator from Kentucky shifts the Federal Election Commission by We have provisions relating to clari- again. He says that providing vol- permitting the FEC to conduct random fying contributions regarding money untary incentives to candidates to audits at the end of a campaign to en- contributions from foreign nationals. limit their spending is unconstitu- sure compliance with Federal election All of this is in the bill. They are tional. But that is the very thing that law. We are strengthening the hand of very good provisions. But yet, in an ef- Buckley versus Valeo laid out as a enforcement under the current law. fort to distort what this bill is about, mechanism by which you could limit Why no discussion at all of the fact the focus has been on only one or two spending voluntarily. that our bill, in addition to the other provisions rather than the heart of the So now the Senator from Kentucky issues, makes it absolutely clear that bill. seems to have dropped all of these con- campaign contributions cannot be used Mr. President, I should like to sum- stitutional arguments and all he has for personal purposes? You cannot buy marize the debate today by pointing left now is to try to say that our at- a new suit with campaign contribu- out that all of this emphasis on a cou- tempt to clarify the meaning of express tions. You cannot finance various fam- ple of items in the bill to the exclusion advocacy is unconstitutional. Well, he ily activities or mortgage payments or of the rest of the bill is merely a prel- is wrong about that, too. But as he ad- country club memberships. Some of ude to the three principal arguments mitted in the Chamber today—and this this has been done in the past. Why no that our opposition has raised thus far is critical—in the worst-case scenario, comment on the fact that our bill as we have debated the issue on Friday in the very worst-case scenario, if he is tightens up on that? and today. right and we are wrong, the Supreme Why no reference to the fact that the The first argument has been the pri- Court will simply strike that provision McCain-Feingold bill requires political mary argument in the past, but it is down. advertisements to carry a disclaimer flagging. The argument that our bill Our bill is severable. What does that that clearly identifies who is respon- will be deemed unconstitutional by the mean? It means that if the Supreme sible for the content of the campaign U.S. Supreme Court just is not having Court determines a provision is uncon- ad? the same luck it has had in the past. stitutional, they can sever that provi- Do you know what really irritates The senior Senator from Kentucky sion, leaving the rest of the bill intact. my constituents in Wisconsin? It is all recently said on one of the national That’s exactly what the Court did in those negative ads and the fact that news shows with reference to me, he the landmark case of Buckley versus the candidates who put them out make said: Valeo, where the Court said you can’t sure that they are not identified, that Russ has got no constitutional experts have mandatory spending limits, and it people do not know who made the ad? with any credentials who will say that this is severed that from the bill, but the The McCain-Feingold bill says if you going to be upheld in court. Court did say you could have contribu- want to say it, you can say it, but how That was on Fox News Sunday, Sep- tion limits, which is what we have had about letting us know you are saying tember 14, 1997. Not one constitutional for 20 years. This is where PAC’s are it. The other side completely ignores expert, the Senator from Kentucky limited to $10,000 per campaign, where this provision that I think would be of said, would support our view that the individuals are limited to $1,000 per in- great appeal to many members of the basic provisions of the bill are con- dividual. So the fact is that these con- public. stitutional. stitutional arguments, if they are S10148 CONGRESSIONAL RECORD — SENATE September 29, 1997 right, in the worst-case scenario, will vote on the poison pill antilabor 7 years old and John F. Kennedy was simply be dealt with by the Supreme amendment, that is exactly what it running for President, the way that we Court doing their job. Now, why can’t does. would sort of observe a Presidential we do our job and let the Supreme Most of the time that has been taken campaign was not just through the tel- Court do their job? up on the floor of the Senate by those evision. There were a few television Where was the concern of the Sen- who seek to kill this legislation has sets. You could go out to the Sauk ator from Kentucky about this when he been devoted to a third attempt. That County 4–H fair. There was a little voted for the Communications Decency third attempt is to make the public be- Democratic booth. Just a few feet away Act, saying that it violated the first lieve that this bill somehow creates a was a little Republican booth. And amendment? And the Supreme Court giant Government bureaucracy that is there was a little ribbing going back voted 9 to nothing: No, you can’t do going to regulate their speech. If I and forth. You know, those booths have that. It was taken care of, it was could just show a copy of the bill—the not moved an inch in 37 years. They struck down. It is not a law. So, this is problem with that is, in the past, when are in the exact same place they al- a smokescreen. Mr. President, 126 con- folks have tried to argue that a bill is ways were. That is where the campaign stitutional scholars have already said a huge Government bureaucracy bill, was, people talking to each other. that the basic provisions of our bill are they hold up the bill. They hold up the Nobody said anything about raising constitutional. President’s budget: 2,000 pages. They money. I’m sure they had to fund their So, the constitutional argument is hold up the health care bill and they campaigns, but that was not what the flagging. So the opponents of reform, weigh it on a scale. But this is not news stories were about. I’m sure the who I think sometimes can also be going to work with the McCain- Senator from Utah, who is on the floor, known as the filibusterers, go to a sec- Feingold bill. It is only 55 pages. It is would agree with me, that that was not ond tactic, that is killing the bill by pretty hard, the way lawyers write, to the nature of the discussion, who had trying to force a filibuster. Today, not set up a giant Government bureaucracy the most money to win an election in surprisingly—the majority leader had in 55 pages. those days. Then, as I got into my teen his choice of any amendment he could But that is what they want folks to years, the civil rights movement came offer. That is his right. He could offer believe. They want folks to believe upon us, the Vietnam war, the begin- a substitute amendment, a whole new that somehow we are creating a new ning of the environmental movement, bill, he could offer a simple amendment world of campaign financing that will the women’s movement—so many po- having to do with certain kinds of con- change the way things are done in this litical movements; on the other side of tributions or aspects of soft money or country and will change the ability of the political spectrum, the great con- FEC enforcement—he could choose any members of the public to speak their cern that arose about law and order in amendment he wanted. What did the mind in an election. I think it is just this country. These were the great dis- majority leader choose? And what did the opposite. I think what the current cussions of our time, as well as others. he use to fill up the tree? He used a system is, I think the status quo, that I recall some kind of conversation provision specifically and harshly di- the Senator from Kentucky defends so about Howard Hughes giving some rected at labor unions. The majority vigorously, is so at variance with the money to both Presidential candidates, leader, and I do appreciate his letting system that I grew up to believe in but it was sort of an odd story, an eso- us have this bill come to the floor, that it is shocking. I think we have teric story. ‘‘What is going on? Why came out here and said that that come so far from the notion of one per- would this rich fellow, a recluse, give choice, to be the first item we debate, son one vote; so far from the notion all this money to Presidential cam- was not intended as a poison pill. that every child born in this country paigns?’’ It was not the stuff of public What does that mean? What it means could grow up to serve in the House or life. It was not the news, who was giv- is, he is saying he didn’t pick that serve in the Senate, or perhaps even be ing what money to what political amendment as a way to cause a fili- President, that it is an embarrassment. party. In fact, the gentleman who used buster. But this does not square with Look at what Mr. Tamraz said re- to hold this seat before I did, a couple what the majority leader said last Fri- cently about this system and how he of Senators back, my friend Gaylord day. He was quoted in the Wall Street apparently gamed it. He said, before Nelson, told me recently that in his Journal, saying ‘‘I set it up so they will the Governmental Affairs Committee distinguished career in Wisconsin poli- be filibustering me.’’ That is what I am on September 18, 1997, in response to a tics as a Member of this body for 18 talking about. He had his choice. He question—the question was a very di- years, he never once made a phone call came out here, he purposely offered a rect question: to raise money. He never once picked strong antilabor amendment, he set it Was one of the reasons that you made up the phone and said: Hey, I’m run- up in the hope that he would force these contributions because you believed it ning for reelection, can you give me Members on the other side of the aisle might get you access? That’s my question. some money? to filibuster the bill so that he and his Mr. Tamraz’ response was very I suggest that those were the good colleagues would not be blamed for straightforward. He said: old days. What the Senator from Ken- killing it. How can you say that’s not Senator, I’m going even further. It’s the tucky is trying to defend is a new a poison pill, if your very statement only reason—to get access, but what I’m say- world, where not only are Senators ex- was that you set it up so the other side ing is once you have access, what do you do pected to make phone calls almost would filibuster? That is the definition with it? Is it something bad or something every day to raise money for their of a poison pill. Let no one mistake good. That’s what we have to see. campaigns, but where Senators and this. This is an intentional effort to When I heard that comment from Mr. others are encouraged to call up people kill campaign finance reform. Tamraz I just couldn’t help but think and ask them for $100,000. This is not Why, if this concern about this issue how far we had come from the America the system that I grew up with. This is was so great, was it not brought up ear- that I was brought up to believe in. not the system that led the late Robert lier? This is S. 9, that he has brought Maybe I was naive, growing up back in Kennedy to refer to politics as an hon- up. It is a bill I believe offered by the Janesville, WI, but I really believed it orable profession. Senator from Oklahoma. Why was this when my parents told me that, ‘‘You Then, in high school, the people used not brought out to the floor earlier? may not be the richest kid in town, to rib me a little bit. I guess I was a Why is this the item that we lead with, you may not be the most powerful per- little bit too open about my desire to if it is not intended to destroy cam- son in the town or in the State or in go into politics. Some of them would paign finance reform and make sure the country. But every American has say, because I talked so much I would somebody else gets blamed for it? It is the same vote. Your vote counts the be a good politician, and other com- a poison pill. It’s a more dangerous at- same as a Rockefeller’s.’’ That was the ments like that. But the one thing tack than the flimsy constitutional ar- name we used in those days. they never said to me was, ‘‘RUSS, if guments. It does run the risk—it does So, when you look at the story of you want to go into politics you have run the risk of destroying the bill, and what has happened in the last 30 years, to go out and make $10 million first; everyone should know that when we I can’t help but reflect that when I was that there is an opening ante, there is September 29, 1997 CONGRESSIONAL RECORD — SENATE S10149 an opening fee, that you must be a mil- single encounter, whether with the school senior today, as I was in 1971, lionaire.’’ That we are, in effect, re- media or with a potential supporter, and say, ‘‘You know, it would be great creating here in Washington the House was, ‘‘RUSS, this is fine and good and if you pursued a political career; it will of Lords, which we freed ourselves from you seem like a nice young fellow, but be wonderful; just learn the issues, over 200 years ago. Nobody ever said where are you going to get the work with people, show people that you that to me. money?’’ are a natural leader.’’ I can’t just leave Politics was still church dinners and ‘‘Where are you going to get the it at that. If I am being honest with a Rotary clubs and the State fair and all money, RUSS?’’ young person, I would have to say, those things that one may regard as ‘‘How can you possibly think you ‘‘And you better darn well come up corny. But the fact is, it was a pretty have a right or an opportunity to run with $10 million or nobody is going to good system. This is a lousy system; a for the U.S. Senate unless you are inde- take you seriously.’’ That hurts my system where somebody pays $300,000 pendently wealthy or if you are well image of America that I have to say to get in a room to be with his com- connected to Washington?’’ that to a high school senior today. petitor who has paid $300,000, a room That was the message I was given The opponents of this bill have abso- that none of us could ever get in. That over and over again. Anybody who lutely no answer for those high school is a lousy system. knows the kind of race I went students. They say somehow that free I was still under the perhaps naive through—I had a lot of good fortune, speech in America means that they belief, in 1982 when I sought election to obviously, because I am standing don’t matter, it means that they can’t the State senate in Wisconsin, my first here—that was my biggest problem. I participate, it means that they don’t race for public office—I was under the wasn’t considered credible because I have the same right that everyone else illusion that money wasn’t important. wasn’t wealthy. That didn’t feel to me does to run for an office in the House Thanks to the good laws of the State of like what my parents had told me. or Senate and have some kind of a be- Wisconsin it wasn’t terribly important. That didn’t feel to me like the assur- lief that they can prevail. I had no money, but the State law ance that I would have a fair chance to Each of us, I suppose, wants to tell provided that if I could raise $17,000, compete with everyone else simply be- our own story of how we got here, as I the State would match it with $17,000 if cause I am an American citizen. It felt just did. It is a great honor to serve in I agreed to a $34,000 limit and that that really bad. Maybe it made me work this body. Less than 2,000 Americans have ever done so. I appreciated it would be a reasonable amount for a hard. Maybe it made me stay the when the majority leader the other day campaign voluntarily. That’s what I course. spoke to some of his concerns when he did. It got particularly difficult when I I wrote to every relative I had. I would go to a group with whom I had a was running for office. This is the only wrote to a few former professors and good relationship; for example, the issue where all the Members of the Senate are experts, because we have teachers of mine. They all sent in a few independent bankers, a group with been through it and we know. dollars. We had $17,000 by August, and whom I have a very good relationship. But the reason I am involved with we went out and campaigned. I went to I always admired their independence in this bill is that the senior Senator the Sauk County Fair, walked in pa- Wisconsin. And I said to them, ‘‘Could from Arizona had the courage to come rades, and had some very civil and nice you give me some support for my to me and say, ‘‘Look, we’ve got to do debates with my opponent. race?’’ something to change this system, to I do remember a brief moment, They said, ‘‘Well, we think you have put aside our partisan differences.’’ We though, at the end of that campaign done a good job, but we have to check just decided that we couldn’t live with when one of the senior Democratic offi- in with Washington.’’ There is a guy in a country where a Presidential can- cials in the State called me up and Washington who makes this decision. didate would begin his campaign, make said, ‘‘RUSS, you’re going to lose if you Then when I checked in with some of the high point of his announcement for don’t borrow $10,000 for the last few my friends in the labor unions, whom I President the following statement: days.’’ probably do support on many, many is- I have the most reliable friend you can I said, ‘‘I can’t do that. I’m just not sues, I thought they would be able to have in American politics and that is ready going to do that to my family.’’ decide at the local whether or not they money. He was almost right, because I only would want to back me. But, no, they That was a leading comment in an won that election by 31 votes out of had to check in with Washington, with announcement for President of the 47,000. It was the closest election in the the Washington gatekeepers who want United States. I don’t remember either history of the Wisconsin State Senate. to kill this bill. That is what I learned John F. Kennedy or Richard Nixon But the fact is, it was reasonable— about the system. leading their campaigns in 1960 with $35,000. It was something I could at Of course, partially because my two that comment, on anyone else. That is least think about as a person of aver- primary opponents were both very a tragic commentary on where we have age means. well-heeled and attacked each other come over the years. Now the same races in that same dis- that I wound up winning the primary. So that is what this really comes trict, just 15 years later, cost some- They used their money to make each down to. You have heard the constitu- thing like $250,000, $300,000 just for a other look pretty bad, and I wound up tional arguments and have seen them Wisconsin State Senate seat that pays winning the primary because I was the fall. You see already an attempt to somebody some $35,000 to $40,000. But other guy who was running. And that bring a ‘‘poison pill’’ out on the floor yet I still believe, because I won by the gave me momentum to win the final to kill this bill by making it too harsh slimmest of margins, that running for election. for either side to accept and destroy its office was not equal to having a lot of As I stand here with these colleagues bipartisan nature. You have heard the money. I admire greatly, sometimes I wonder, effort to distort what this bill really I got a bit of a rude awakening, Mr. am I the last person of average wealth does by suggesting that somehow our President, in 1987 when I started think- and income who will ever serve in this bill will create a large governmental ing about running for the U.S. Senate. body? Is the door going to slam on peo- involvement in free speech. I thought I had amassed a decent ple who actually worry about making The fact is, it is this system that is record over the years as a Wisconsin ends meet, people who actually worry destroying free speech. It is a system State Senator, and I wanted to run about their mortgage payment, as I do? where people can give hundreds of against the incumbent senator. But as Am I the last person who is not a mil- thousands of dollars of unregulated I went around the State gradually for lionaire who will be invited to serve in money or give huge contributions or several years trying to build a grass- this institution? fundraisers of hard money to can- roots organization, I wasn’t asked what I don’t think that is the way it will didates that cut the average person out I had done in the State Senate; I end up, but I can tell you this, if we of the process. This is the corporate de- wasn’t asked what I had done before I don’t pass a reform like the one we mocracy that we have come to. was in the State Senate; I wasn’t asked have before us today, it will be. I can- So, in the coming days, we will hear what my views might be. Almost every not in good conscience look at a high more of the efforts of our opponents to S10150 CONGRESSIONAL RECORD — SENATE September 29, 1997 take each little piece of the bill and in- support only one party to the exclusion most all its preoccupations are. But now dicate that there is a problem here or of the other, who spend millions and Congress is considering some version of the a problem there. Of course, that is the millions of dollars that are never re- McCain-Feingold bill, which raises ‘‘regime- purpose of the debate. But we are ported in this political process. level’’ questions. It would continue the change for the worse of American govern- ready, Senator MCCAIN and I, to nego- I will just cite with particularity one ance. And Washington’s political class hopes tiate to solve some of the real prob- group. I remember when the AFL-CIO the bill’s real importance will be underesti- lems. But what we will not tolerate is decided they were going to spend $35 mated. the suggestion that we should do noth- million in advocacy during the last With a moralism disproportionate to the ing. Our opposition has no alternative. campaign. Now, we Republicans all un- merits of their cause, members of that They have no answer to the careening derstand that because virtually every class—including the exhorting, collaborative role of money in American politics. penny of that goes for liberal Demo- media—are mounting an unprecedentedly crats. The only Republicans that they sweeping attack on freedom of expression. They just want to kill this bill and get Nothing in American history—not the left’s back to the business of running elec- ever support —and there are very few recent campus ‘‘speech codes,’’ not the tions. of those; and if there is a moderate-to- right’s depredations during 1950s McCarthy- Mr. President, there will be much liberal Democrat, they will support the ism or the 1920s ‘‘red scare,’’ not the Alien more to say on this bill. Democrat every time over even a lib- and Sedition Acts of the 1790s—matches the All I can say is that we will not allow eral Republican for the most part— menace to the First Amendment posed by this debate to become mired in the mi- very few of the liberal Republicans are campaign ‘‘reforms’’ advancing under the nutia of important issues that ulti- supported by them, but if any are, they protective coloration of political hygiene. mately would be resolved by the U.S. have to be very liberal. I ask unanimous consent that the Supreme Court. We will come back So virtually every dollar of the union full article be printed in the RECORD. again and again to the central point movement goes into liberal Democratic There being no objection, the mate- that this is still a country of one per- Party politics. But $35 million is a drop rial was ordered to be printed in the son-one vote, not $1 million-1 million in the bucket because the Congres- RECORD, as follows: votes. And it is still a country where sional Research Service mentions that [From the Washington Post, Sept. 28, 1997] every high school student should at in every 2-year election cycle the trade HERE COME THE SPEECH POLICE least be able to think or dream about union movement puts between $100 and (by George F. Will) participating in the process without $500 million into the political process, Almost nothing that preoccupies Washing- having to become a multimillionaire not one penny of which is reported in ton is as important as Washington thinks al- first. any filing or disclosure form. most all its preoccupations are. But now Mr. President, I yield the floor. There is nothing in the Republican Congress is considering some version of the Mr. HATCH addressed the Chair. Party that comes close to that type of McCain-Feingold bill, which raises ‘‘regime- The PRESIDING OFFICER. The Sen- economic leverage, and yet I have to level’’ questions. It would continue the ator from Utah. change for the worse of American govern- say McCain-Feingold does absolutely ance. And Washington’s political class hopes Mr. HATCH. Mr. President, I have nothing about that. There is good rea- the bill’s real importance will be underesti- listened to my colleague from Wiscon- son for it, because you would be re- mated. sin chat about these problems. You stricting the right of the trade union With a moralism disproportionate to the know, in all honesty, I wonder some- movement in this country to express merits of their cause, members of that times if we do not treat the American their viewpoints with regard to their class—including the exhorting, collaborative public like they are idiots, when in fact political beliefs. But you are not talk- media—are mounting an unprecedented the American public is a very smart ing about distortion. sweeping attack on freedom of expression. collective group of people. Nothing in American history—not the left’s Mr. President, $100 to $500 million recent campus ‘‘speech codes,’’ not the You know, I just do not see why in every 2 years in local, State, and Fed- right’s depredations during 1950s McCarthy- the world we have to have government eral politics, not one penny of which is ism or the 1920s ‘‘red scare,’’ not the Alien interfere with the first amendment reported. The $35 million was reported and Sedition Acts of the 1790s—matches the privileges of free speech, just to men- because those were direct contribu- menace to the First Amendment posed by tion one constitutional issue involved tions to individuals, or actually most campaign ‘‘reforms’’ advancing under the here, just because some think there are of it was not reported because most of protective coloration of political hygiene. millionaires in the Senate. There have it was soft money that was used to ad- Such earlier fevers were evanescent, leav- always been millionaires in the Senate, ing no institutional embodiments when par- vocate for Democratic, liberal Demo- ticular passions abated. And they targeted as far as I know, at least in this cen- cratic Party politics. speech of particular political content. What tury. But there have always been a In fact, ask conservative Democrats today’s campaign reformers desire is a stead- number of Senators—and there is a how much union money they get as a ily thickening clot of laws and an enforcing great number of Senators here today— general rule. Not very much. So you bureaucracy to control both the quantity who are not millionaires who made it know, I sometimes think that we beat and the content of all discourse pertinent to here the hard way, even under this our gums in here over what appear to politics. By the logic of their aims, reformers present system, and who will always be be on the surface important principles cannot stop short of that. This is so, regard- able to make it because the American less of the supposed modesty of the measure but which really in reality would un- Congress is debating. people are not idiots. dermine the very constitutional proc- Reformers first empowered government to They are smart. They know what is ess that we have. regulate ‘‘hard’’ money—that given to par- going on. They have the ability to In that regard, let me just mention ticular candidates. But there remains the choose between competing candidacies. that I think one of the most prescient ‘‘problem’’ of ‘‘soft’’ money—that given to Every once in a while you know some articles on this subject ever written parties for general political organizing and of us worry about it because of some was written by George Will in the advocacy. Reformers call this a ‘‘loophole.’’ people who make it here, but, in all Washington Post yesterday. I know it Reformers use that word to stigmatize any honesty, it seems to me that to put an- silence of the law that allows unregulated has been mentioned here on the floor political expression. So now reformers want other layer of Federal regulations on before. But let me just read a little bit to ban ‘‘soft’’ money. But the political class what people can say and do in politics from that article. will not stop there. is not the way to do it, and it presump- I did not come here wanting to talk Its patience is sorely tried by the insuffer- tively seems to believe that the Amer- about campaign finance ‘‘reform,’’ but able public, which persists in exercising its ican people do not have the capacity I did want to say these few remarks. First Amendment right of association to or- collectively or individually to make But I did read this today, and I brought ganize in groups as different as the Sierra right decisions for themselves with reit with me. He just says, ‘‘Here Come Club and the National Rifle Association. One reason people so organize is to collectively gard to politics. the Speech Police,’’ which is the title exercise their First Amendment right of free The thing that I find heinous and of- of the article—‘‘Here Come the Speech speech pertinent to politics. Therefore re- fensive in the current political struc- Police.’’ George goes on to say: formers want to arm the speech police with ture is that we have all kinds of advo- Almost nothing that preoccupies Washing- additional powers to ration the permissible cacy groups out there, some of which ton is as important as Washington thinks al- amount of ‘‘express advocacy,’’ meaning September 29, 1997 CONGRESSIONAL RECORD — SENATE S10151 speech by independent groups that advocates One reason the media are complacent lion, one hundred ninety-one thousand, the election or defeat of an identifiable can- about such restrictions on (others’) political six hundred forty-four dollars and didate. speech is that restrictions enhance the power sixty-two cents) during the past 25 But the political class will not stop there. of the media as the filters of political speech, years. Consider mere issue advocacy—say, a tele- and as unregulated participants in a shrunk- vision commercial endorsing abortion rights, en national conversation. f mentioning no candidate and not mentioning WHY A PRIVATE SCHOOL VOUCH- voting, but broadcast in the context of a What a comment, terrific comment. campaign in which two candidates differ And it sums it up pretty well: ER PLAN FOR D.C. SCHOOLS IS A about abortion rights. Such communications Has the newspaper in which this column is BAD IDEA can influence the thinking of voters. Can’t appearing ever editorialized to the effect Mr. CHAFEE. Mr. President, tomor- have that, other than on a short leash held that restrictions on political money—re- row morning the Senate will vote on by the government’s speech police. So restrictions on the ability to buy broadcast striction of hard money begets restriction of time and print space and other things the the creation of the first federally fund- soft, which begets restriction of express ad- Supreme Court calls ‘‘the indispensable con- ed private school voucher program in vocacy, which begets regulation of issue additions for meaningful communication’’—do the Nation. vocacy—effectively, of all civic discourse. not restrict speech? If this newspaper ever It is no accident that this new vouch- The political class is not sliding reluc- does, ask the editors if they would accept reer program is being debated on the D.C. tantly down a slippery slope, it is eagerly vising the First Amendment to read: appropriations bill. None of us has a skiing down it, extending its regulation of ‘‘Congress shall make no law abridging the constituency in the District of Colum- political speech in order to make its life less freedom of the press, but Congress can re- stressful and more secure. Thus is the First bia. We can do anything to the Dis- strict the amount a newspaper may spend on trict, and we are unaccountable to its Amendment nibbled away, like an artichoke editorial writers, reporters and newsprint.’’ devoured leaf by leaf. As Sen. Mitch McConnell, the Kentucky voters for our actions. And in recent This is an example of what has been called Republican, and others filibuster to block years, Congress has done quite a bit to ‘‘the Latin Americanization’’ of American enlargement of the federal speech-rationing the District of Columbia. law—the proliferation of increasingly rococo machinery, theirs is arguably the most im- Two years ago, in recognition of poor laws in attempts to enforce fundamentally portant filibuster in American history. Its city management and extreme budg- flawed laws. Reformers produce such laws importance will be attested by the obloquies etary problems, Congress created a fi- from the bleak, paternalistic premise that they will receive from the herd of independ- unfettered participation in politics by means nancial control board to help get the ent minds eager to empower the political city back on its fiscal feet. Not quite a of financial support of political speech is a class to extend controls over speech about it- ‘‘problem’’ that must be ‘‘solved.’’ self. year ago, the control board announced One reason the media are complacent the formation of an emergency man- about such restrictions on (others’) political What an article. He sums it up better agement team for the city’s schools. speech is that restrictions enhance the power than anybody I know. Frankly, I com- The elected school board was relieved of the media as the filters of political speech, mend this article to anybody who cares of its authority. The superintendent and as unregulated participants in a shrunk- about free speech rights, that this bill, en national conversation. Has the newspaper was urged to resign, and a new team as modified, would eviscerate. was established, which is headed by rein which this column is appearing ever edito- I don’t quite agree with George Will, rialized to the effect that restrictions on po- tired Gen. Julius Becton. litical money—restrictions on the ability to that this may be the most important General Becton signed on for a 3-year buy broadcast time and print space and constitutional filibuster in history, but tour of duty in D.C. schools, yet before other things the Supreme Court calls ‘‘the it is certainly one of the most impor- even a full year has passed, Congress is indispensable conditions for meaningful tant. I know of others that have been, poised to pull the rug out from under communication’’—do not restrict speech? If I think, equal in importance, not the him by creating a private school this newspaper ever does, ask the editors if least of which is the debate we had on voucher plan. they would accept revising the First Amend- the resignation of the President a few ment to read: Supporters of private school vouchers ‘‘Congress shall make no law abridging the years ago. prefer to call them school choice. But freedom of the press, but Congress can re- f parents don’t choose the schools their strict the amount a newspaper may spend on children will attend. Private schools MORNING BUSINESS editorial writers, reporters and newsprint.’’ select the children they will accept. As Sen. Mitch McConnell, the Kentucky Mr. HATCH. Mr. President, I ask This is not a luxury our public schools Republican, and others filibuster to block unanimous consent there be a period of enlargement of the federal speech-rationing enjoy. Public schools are committed to machinery, theirs is arguably the most im- morning business with Senators per- providing an education to all children: portant filibuster in American history. Its mitted to speak for up to 10 minutes To children who come to school at any importance will be—attested by the oblo- each. time of the year, to children with dis- quies they will receive from the herd of inde- The PRESIDING OFFICER. Without abilities, to children whose primary pendent minds eager to empower the politi- objection, it is so ordered. language is not English, to children cal class to extend controls over speech f with disciplinary problems, and to chil- about itself. dren with low IQ’s. Mr. HATCH. Let me just quote a cou- THE VERY BAD DEBT BOXSCORE Private schools have the ability to ple of other paragraphs because I think Mr. HELMS. Mr. President, at the select the smartest, the least difficult this article really sums it up. I do not close of business Friday, September 26, students with the fewest challenges to know how anybody could disagree with 1997, the federal debt stood at overcome. Supporters of the voucher this article. I am skipping over quite a $5,387,382,191,644.62. (Five trillion, three plan point out that there are a number bit of it which I think is worthy of con- hundred eighty-seven billion, three of inner-city, parochial schools that sideration by anybody, but let me just hundred eighty-two million, one hun- take whatever child comes to the door. read a couple more paragraphs: dred ninety-one thousand, six hundred There is no doubt that parochial The political class is not sliding reluc- forty-four dollars and sixty-two cents) schools have an important role to play tantly down a slippery slope, it is eagerly One year ago, September 26, 1996, the and are doing a good job, but that does skiing down it, extending its regulation of federal debt stood at $5,198,325,000,000 political speech in order to make its life less not mean that they should receive Fed- stressful and more secure. Thus is the First (Five trillion, one hundred ninety-eight eral funding. It does not mean that Amendment nibbled away, like an artichoke billion, three hundred twenty-five mil- they have taken on all of the obliga- devoured leaf by leaf. lion) tions of our public schools. This is an example of what has been called Twenty-five years ago, September 26, I believe that it is wrong to provide ‘‘the Latin Americanization’’ of American 1972, the federal debt stood at Federal dollars to private or parochial law—the proliferation of increasingly rococo $437,507,000,000 (Four hundred thirty- schools to enable them to skim the laws in attempts to enforce fundamentally seven billion, five hundred seven mil- best students from the public schools. flawed laws. Reformers produce such laws from the bleak, paternalistic premise that lion) which reflects a debt increase of Vouchers also would skim the students unfettered participation in politics by means nearly $5 trillion—$4,949,875,191,644.62 whose parents are involved in their of financial support of political speech is a (Four trillion, nine hundred forty-nine child’s education, leaving the public ‘‘problem″ that must be ‘‘solved.’’ billion, eight hundred seventy-five mil- schools with the greatest challenges. S10152 CONGRESSIONAL RECORD — SENATE September 29, 1997 Supporters of the voucher plan say EXHIBIT 1 pledges parents to work to improve the District of Columbia should provide [From the Washington Post, Sept. 28, 1997] schools that their children already attend. An exchange that occurred between a choices to parents. They say District of BACK TO WORK FOR SCHOOLS Columbia should have charter schools. teacher and a parent at the meeting last (By Courtland Milloy) week revealed the need for greater parental They call for partnerships between city ‘‘Good evening,’’ W. Irene Woodard, the commitment. schools and the Smithsonian Institu- Watkins Elementary School principal, said Teacher: ‘‘Each child will have a home- tion. The truth is that District of Co- melodically. The parents seated before her work folder with his or her assignments lumbia has all of these things. The Dis- nodded politely. written down in it, and I expect you to check trict has public school choice. There is ‘‘I said, ‘Good evening,’ ’’ Woodard reit and sign it before your child returns.’’ a charter school program at a school peated, not so sweet as before. ‘‘When I say, Parent, sounding distressed: ‘‘You aren’t ‘Good evening,’ I expect you to sing.’’ going to assign homework every night, are not six blocks from the Capitol. Down It was Back to School Night, and appar- the street there is a middle school you?’’ ently I wasn’t the only parent feeling some- Teacher: ‘‘I’ll try not to give them home- which has entered into a partnership what demoralized by the delayed opening of work on Fridays.’’ with the Smithsonian. D.C. public D.C. public schools. No school for the first Parent, with a sigh of relief: ‘‘Thank you.’’ schools are the only public schools in three weeks of September, and then, when it That parent, judging from the way she was the area that provide an all day kinder- did start last week, some schools still had dressed, probably had just come from work. garten program, and every high school not received all of the necessary books and She might have had another full-time job as supplies. in the District is a magnet school. a housekeeper waiting for her when she got ‘‘Don’t look so dreary,’’ said Channita Fra- home. Understandably, more homework for A lot of attention has been paid to ser, the Watkins PTA president. ‘‘When you her child meant more work for her. the fact that the schools didn’t open on come to meetings, smile.’’ She began to sing And yet, I would have thought that all D.C. time this year, and Congress is not in Spanish, ‘‘The more we get together, the schoolteachers—just to make up for the without responsibility for the delay. happier we’ll be.’’ three-week delay—would be piling on the People like Woodard and Fraser made it But very little mention has been made homework. And I wouldn’t expect them to hard for me to just sit and stew in my juices. let up on Fridays either, especially for third- of the rigorous standards that have The way they saw it, there was no time for been put into place in every school, and fifth-graders, whose progress is being sulking or complaining. Our children needed measured against national standards for the here. Starting this school year, teach- help, and they needed it fast. first time this year. ers, parents, and students have a clear ‘‘Because of the delay in the opening of I could only vow that my child would have idea of what the children should know school, we’re going to need parental coopera- homework every night, whether his teachers at each grade level. Last week, stu- tion like never before,’’ said Ellen Costello, assigned it or not. Somehow, the expecta- dents all across the District were test- who heads PTA fund-raising for Watkins. tions for our children must be raised. To make sure it gets the resources it ‘‘For all of the resources and services that ed in reading, math, and language arts needs, an abundance of candy and holiday we have, our children are not achieving at to see what level they are at. At the wrapping paper must be sold. Parents with the level that they are capable of,’’ Woodard end of the school year, they will be the means could make donations directly to told the parents. ‘‘We all must work harder their children’s classrooms, she said. tested again, to assess their progress. on that. We especially need parents to en- ‘‘Last year, we raised $22,000,’’ Costello The performance of teachers and prin- hance and extend what is going on in the told the parents. ‘‘The money was used to fix cipal also will be based on these assess- classroom. up the school library. But more is needed to ments. The pressure is on not to let a ‘‘Be sure that your children are reading a purchase copy paper and make copy machine single child slip through the cracks, great deal of books, and be sure that they repairs. We’re also trying to get water cool- are understanding what they read.’’ and I think that is an enormous step in ers for each classroom. Remember, we live in Sounds like homework to me. the right direction. the District of Columbia, and we don’t have Teachers and principals are turning much money.’’ f up the heat on parents, as well. Parents That notion—that we live in the District, MESSAGES FROM THE HOUSE of students in D.C. public schools are ergo, we don’t have much money—was going to take me more than one Back to School At 4:24 p.m., a message from the signing compacts, agreeing to be full Night to get used to. The tax bite out of my House of Representatives, delivered by participants in their child’s education. paycheck said otherwise. D.C. public schools Ms. Goetz, one of its reading clerks, an- They are visiting classrooms, to see get more than $500 million a year to educate nounced that pursuant to the provi- first-hand what and how their children about 78,000 students. You’d think we’d have sions of section 154 of title 2, United are learning. They are becoming re- all the amenities of an elite private school. States Code, as amended by section 1 of sponsible for making sure their chil- Instead, I was told, my third-grader would Public Law 102–246, the Chair an- dren do their homework, and parents be expected to take on the equivalent of a nounces the Speaker’s appointment of are being asked to check the work and part-time job as a candy bar salesman just so his school could get money to buy supplies. the following member on the part of sign it. They are being asked to read to But there I go being negative again. the House to the Library of Congress their children regularly. I ask unani- ‘‘We had 142 students who sold something Trust Fund Board: Mr. Wayne Berman mous consent that an article from the last year,’’ Costello reported. ‘‘That’s only a of the District of Columbia to fill the Washington Post, dated September 28, 33 percent participation rate, and we need to existing vacancy thereon. 1997, about back to school night at a raise it.’’ I was particularly impressed with my local school be printed in the RECORD At 6:28 p.m., a message from the at the conclusion of my remarks. child’s teacher, Kimberly Sakai. She’s from Hawaii. This is her first year teaching in House of Representatives, delivered by The PRESIDING OFFICER. Without D.C. public schools, and she has brought to Mr. Hays, one of its reading clerks, an- objection, it is so ordered. the job all of the enthusiasm you’d expect of nounced that the House has passed the (See exhibit 1.) a person who doesn’t know any better. following joint resolution, in which it ‘‘Our class will be starting a new social requests the concurrence of the Senate: Mr. CHAFEE. Mr. President, these studies program that focuses on D.C.,’’ Sakai are improvements that will help all of told parents. ‘‘Strange how D.C. schools H.J. Res. 94. Joint resolution making con- don’t have a program that focuses exclu- tinuing appropriations for the fiscal year the students in the District of Colum- 1998, and for other purposes. bia schools, not just 3 percent of the sively on Washington. Hawaii is very big on f students. Let’s support what works for learning about D.C. How can we bypass D.C.? all of the children, not just a handful of We’re going to get to know our community and our government and go on lots of field EXECUTIVE AND OTHER them. That’s the point of public edu- trips.’’ COMMUNICATIONS cation. Then she asked us to fork over $3 each for The following communications were I plan to vote against the voucher a subscription to a weekly children’s current laid before the Senate, together with plan and urge my colleagues to do the events magazine. accompanying papers, reports, and doc- same. Let’s send a clear message to More important than raising money, however, is getting parents to support their chil- uments, which were referred as indi- General Becton and the teachers, par- dren’s teachers. To that end, we all signed a cated: ents, and students in D.C. schools: We ‘‘parent contract.’’ Instead of giving parents EC–3043. A communication from the Gen- support your efforts to make your local money to escape the public school system, as eral Counsel of the Department of Transpor- schools better for everyone. a school voucher would, a parent contract tation, transmitting, pursuant to law, eleven September 29, 1997 CONGRESSIONAL RECORD — SENATE S10153 rules received on September 25, 1997; to the lic Telecommunications Facilities Program ministers automobile safety regula- Committee on Commerce, Science, and grants for fiscal year 1997; to the Committee tions and Federal safety grant pro- Transportation. on Commerce, Science, and Transportation. grams, such as anti-drunk-driving and EC–3044. A communication from the EC–3057. A communication from the Acting seatbelt use grants; the Research and Perfomance Evaluation and Records Man- Director of the Office of Sustainable Fish- agement, Federal Communication Commis- eries, National Marine Fisheries Service, De- Special Projects Administration sion, transmitting, pursuant to law, six rules partment of Commerce, transmitting, pursu- [RSPA], which assists States in re- received during the month of August, 1997; to ant to law, three rules; to the Committee on sponding to hazardous materials spills; the Committee on Commerce, Science, and Commerce, Science, and Transportation. the Federal Highway Administration Transportation. EC–3058. A communication from the Direc- [FHWA], which administers the truck EC–3045. A communication from the tor of the Office of Sustainable Fisheries, safety programs; and the Federal Rail- Perfomance Evaluation and Records Man- National Marine Fisheries Service, Depart- road Administration [FRA], which reg- agement, Federal Communication Commis- ment of Commerce, transmitting, pursuant sion, transmitting, pursuant to law, four to law, eight rules; to the Committee on ulates rail safety. Each of these agen- rules received on September 8, 1997; to the Commerce, Science, and Transportation. cies, as well as the policies under their Committee on Commerce, Science, and EC–3059. A communication from the Chair authority, is vital to ensuring that Transportation. of the Advisory Council on California (Indian Americans are provided with the safest EC–3046. A communication from the Policy), transmitting, pursuant to law, the and most efficient transportation, in- Perfomance Evaluation and Records Man- report entitled ‘‘The ACCIP Historical Over- cluding safe automobiles, highways, agement, Federal Communication Commis- view Report: The Special Circumstances of and public transportation systems. sion, transmitting, pursuant to law, two California Indians’’; to the Committee on In- In addition to preserving the security rules received on September 9, 1997; to the dian Affairs. of our roadways, the measures adminis- Committee on Commerce, Science, and f Transportation. tered by these agencies are critical to EC–3047. A communication from the INTRODUCTION OF BILLS AND the health of our Nation’s economy. Perfomance Evaluation and Records Man- JOINT RESOLUTIONS The availability of the goods we agement, Federal Communication Commis- The following bills and joint resolu- consume and that are essential to our sion, transmitting, pursuant to law, a rule everyday lives depend on efficiently received on September 12, 1997; to the Com- tions were introduced, read the first and second time by unanimous con- functioning transportation systems. mittee on Commerce, Science, and Transpor- The participation of the Federal Gov- tation. sent, and referred as indicated: EC–3048. A communication from the ernment in assuring that our auto- By Mr. BROWNBACK: mobiles and roadways are safe has been Perfomance Evaluation and Records Man- S. 1233. A bill to terminate the taxes im- agement, Federal Communication Commis- posed by the Internal Revenue Code of 1986 affirmed overwhelmingly by the Amer- sion, transmitting, pursuant to law, a rule other than Social Security and railroad re- ican public. A recent Lou Harris poll received on September 17, 1997; to the Com- tirement-related taxes; to the Committee on shows that 91 percent of Americans be- mittee on Commerce, Science, and Transpor- Finance. lieve the Federal Government has a tation. By Mr. HOLLINGS: role in assuring safe highways and 94 EC–3049. A communication from the S. 1234. A bill to improve transportation Perfomance Evaluation and Records Man- percent believe it is important to have safety, and for other purposes; to the Com- motor vehicle safety standards. agement, Federal Communication Commis- mittee on Commerce, Science, and Transpor- sion, transmitting, pursuant to law, a rule Our transportation and highway safe- tation. ty policies deserve as much attention received on September 19, 1997; to the Com- By Mr. WYDEN: mittee on Commerce, Science, and Transpor- S. 1235. A bill to authorize the Secretary of as campaign finance reform, the popu- tation. Transportation to issue a certificate of docu- lar measure of today. Yes, we must EC–3050. A communication from the mentation with appropriate endorsement for clean up the election system, but we Perfomance Evaluation and Records Man- employment in the coastwise trade for the also must clean up our roadways. agement, Federal Communication Commis- vessel registered as State of Oregon official sion, transmitting, pursuant to law, a rule NHTSA reports that every year over number OR 766 YE; to the Committee on 41,000 Americans are killed on our Na- received on September 19, 1997; to the Com- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- tion’s highways—that is an average of By Mr. DORGAN: 114 lives every day. In just the past 5 tation. S. 1236. A bill to amend title 23, United EC–3051. A communication from the States Code, to provide for a national pro- years alone, over 160,000 Americans Perfomance Evaluation and Records Man- gram concerning motor vehicle pursuits by have lost their lives, and more than 12 agement, Federal Communication Commis- law enforcement officers, and for other pur- million have suffered serious injuries sion, transmitting, pursuant to law, a rule poses; to the Committee on Commerce, due to traffic accidents and road haz- received on September 23, 1997; to the Com- Science, and Transportation. mittee on Commerce, Science, and Transpor- ards—at a cost over $700 billion dollars. tation. f Astoundingly, almost 25 percent of these traffic fatalities involve children. EC–3052. A communication from the Assist- STATEMENTS ON INTRODUCED In 1995, over 9,000 kids were killed in ant Administrator for Ocean Services and BILLS AND JOINT RESOLUTIONS Coastal Zone Management, Department of auto accidents. Of course, no poll, and Commerce, transmitting, pursuant to law, By Mr. HOLLINGS: no economic gauge, can measure the two rules; to the Committee on Commerce, S. 1234. A bill to improve transpor- value of losing a precious young life. Science, and Transportation. tation safety, and for other purposes; Studies, however, show that many of EC–3053. A communication from the Assist- to the Committee on Commerce, these accidents and fatalities are pre- ant Administrator for Fisheries, National Science, and Transportation. Marine Fisheries Services, Department of ventable. Most accidents are due to Commerce, transmitting, pursuant to law, THE HIGHWAY AND SURFACE TRANSPORTATION reckless behavior, such as drunk driv- two rules; to the Committee on Commerce, SAFETY ACT OF 1997 ing. According to NHTSA, alcohol-re- Science, and Transportation. Mr. HOLLINGS. Mr. President, I rise lated accidents are responsible for over EC–3054. A communication from the Dep- to introduce the Highway and Surface 40 percent of traffic fatalities. That uty Assistant Administrator for Fisheries, Transportation Safety Act of 1997. This means almost half of the tens of thou- National Marine Fisheries Service, Depart- legislation is designed to reauthorize sands of Americans that die every year ment of Commerce, transmitting, pursuant federal highway safety and surface to law, five rules; to the Committee on Com- because of traffic accidents can be merce, Science, and Transportation. transportation programs that are saved if we can just prevent people EC–3055. A communication from the Acting under the jurisdiction of the Com- from driving drunk. That is why I have Director of the Office of Sustainable Fish- merce, Science, and Transportation supported measures in the past, and in- eries, National Marine Fisheries Services, Committee. cluded provisions in this legislation, to Department of Commerce, transmitting, pur- As the Members of this body know, encourage the enactment of stringent suant to law, a rule received on August 28, the Commerce Committee has jurisdic- anti-drunk-driving laws. 1997; to the Committee on Commerce, tion over Federal agencies that oversee In addition to deterring the reckless Science, and Transportation. EC–3056. A communication from the Assist- highway safety and surface transpor- behavior of those that cause accidents, ant Secretary for Communications and Infor- tation policies. These agencies include there are steps every vehicle occupant mation, Department of Commerce, transmit- the National Highway Traffic Safety can take to enhance safety. All safety ting, pursuant to law, the report of the Pub- Administration [NHTSA], which ad- experts agree that the most simple, S10154 CONGRESSIONAL RECORD — SENATE September 29, 1997 and most effective, way to protect our- sues in making any grant or loan under Sec. 208. Public sector training curriculum. selves from accidental injuries is to its commuter railroad authority. Sec. 209. Planning and training grants. buckle up—wear a seatbelt. During the Boating safety—The bill extends Sec. 210. Special permits and exclusions. Sec. 211. Cooperative agreements. early 1980’s an active campaign was ini- funding for the Clean Vessel Act, and Sec. 212. Enforcement. tiated by NHTSA and public safety authorizes spending for State grants Sec. 213. Penalties. groups to encourage the use of seat- for recreational boating safety, vessel Sec. 214. Preemption. belts. The campaign had many positive pump-outs, facilities for large rec- Sec. 215. Judicial review. results—helping to increase seatbelt reational vessels, and sport fishing out- Sec. 216. Hazardous material transportation use from 11 percent in 1980 to a current reach and communications. reauthorization. Sec. 217. Authorization of appropriations. use rate of 68 percent. But 68 percent is CONCLUSION Title III—Sanitary Food Transportation still not sufficient. To continue to save This legislation has been drafted lives, we must boost the use rate, at Sec. 301. Short title. from the framework of the administra- Sec. 302. Findings. the very least, to the 90 percent range. tion’s proposed highway safety bill. Sec. 303. Responsibilities of the Secretary of This is why I joined Senator MCCAIN However, a number of changes have Health and Human Services. earlier this year in sending letters to been made as a result of consultation Sec. 304. Department of Transportation re- all State Governors encouraging the with highway safety and consumer quirements. enactment of tougher seatbelt laws na- groups, such as the Advocates for High- Sec. 305. Effective date. tionwide. way Safety and Public Citizens, as well Title IV—Rail and Mass Transportation LEGISLATION as the National Association of Gov- Anti-terrorism The legislation I am introducing is ernors’ Highway Safety Representa- Sec. 401. Short title. designed to address these important tives, in an effort to craft the best safe- Sec. 402. Purpose. safety issues. The following is a sum- Sec. 403. Amendments to the ‘‘wrecking ty bill possible. I look forward to work- trains’’ statute. mary of many of the major provisions: ing with Chairman MCCAIN and other Sec. 404. Terrorist attacks against mass Drunk driving—The bill reauthorizes committee members, in addition to the transportation. NHTSA’s safety grant programs, which highway safety organizations, as we Sec. 405. Investigative jurisdiction. include incentive grants to States to begin our work on the legislation. Title V—Rail and Mass Transportation encourage the adoption of stringent I ask unanimous consent that the Safety drunk driving laws. text of the bill be printed in the Sec. 501. Safety considerations in grants or Seatbelt Grant Program—The bill es- RECORD. loans to commuter railroads. tablishes for the first time ever a for- There being no objection, the bill was Sec. 502. Railroad accident and incident reporting. mal Federal seatbelt grant program to ordered to be printed in the RECORD, as encourage states to adopt primary Sec. 503. Vehicle weight limitations—mass follows: transportation buses. seatbelt laws. Primary seatbelt laws S. 1234 permit police to stop persons solely for Title VI—Motor Carrier Safety Be it enacted by the Senate and House of Rep- not wearing a seatbelt. The new grant Subtitle A—State Grants and Other resentatives of the United States of America in Commercial Vehicle Programs program has been included in lieu of Congress assembled, Sec. 601. Statement of purpose. the administration’s proposal which at- SECTION 1. SHORT TITLE. tempted to force States to adopt pri- Sec. 602. Grants to States. This Act may be cited as the ‘‘Highway and Sec. 603. Federal share. mary seatbelt laws by reducing their Surface Transportation Safety Act of 1977’’. Sec. 604. Availability of amounts. highway construction funds. SEC. 2. AMENDMENT OF TITLE 49, UNITED Sec. 605. Information systems and strategic Required warnings—Vans to trans- STATES CODE; TABLE OF SECTIONS. safety initiatives. port children—A provision has been in- (a) AMENDMENT OF TITLE 49, UNITED STATES Sec. 606. Authorization of appropriations. cluded to require NHTSA to notify car CODE.—Except as otherwise expressly pro- Sec. 607. Conforming amendments. dealers each year about Federal regula- vided, whenever in this Act an amendment Subtitle B—Motor Carrier Safety Act of 1997 or repeal is expressed in terms of an amend- tions that prohibit the sale of vans to Sec. 651. Short title. ment to, or a repeal of, a section or other Sec. 652. Safety regulations. schools for the transportation of stu- provision, the reference shall be considered Sec. 653. Commercial motor vehicle opera- dents. This policy has been adopted to to be made to a section or other provision of tors. prevent the transport of children in title 49, United States Code. less safe vehicles. Sec. 654. Penalties. (b) TABLE OF SECTIONS.—The table of sec- Sec. 655. International registration plan and Hazardous materials transportation tions for this Act is as follows: international fuel tax agree- Reauthorization—The bill reauthorizes Sec. 1. Short title. ment. appropriations for assisting States in Sec. 2. Amendment of title 49, United States Sec. 656. Study of adequacy of parking facili- responding to hazardous materials Code; table of sections. ties. spills. Sec. 3. Awards. Sec. 657. National minimum drinking age— Sanitary food transportation—The Title I—Highway Safety technical corrections. bill authorizes the transfer from the Sec. 101. Highway safety programs. Title VII—Research Department of Transportation to the Sec. 102. National driver register. Subtitle A—Programs and Activities Food and Drug Administration [FDA] Sec. 103. Authorizations of appropriations. Sec. 701. Transportation research and devel- the responsibility of ensuring that Sec. 104. Global environmental and safety opment. trucks and rail cars that transport the standards for vehicles. Sec. 702. Bureau of Transportation Statis- Nation’s food supply are sanitary. This Sec. 105. Amendments to chapter 323 tics. (consumer information). change is needed in order to take ad- Sec. 703. Research and technology program. Sec. 106. Amendment to chapter 329 (auto- Sec. 704. National technology deployment vantage of FDA’s expertise in deter- mobile fuel economy). initiatives. mining the cleanliness of these trans- Sec. 107. Amendments to chapter 331 (theft Subtitle B—Intelligent Transportation prevention). ports. Systems Rail and mass transportation anti- Sec. 108. Dealer notification program for pro- terrorism—The legislation increases hibited sale of nonqualifying Sec. 751. Short title and findings. vehicles for use as schoolbuses. Sec. 752. Definitions; conforming amend- the penalties for anyone convicted of a ment. terrorist attack on railroads or mass Title II—Hazardous Materials Sec. 753. Scope of program. transport systems and gives the Fed- Transportation Reauthorization Sec. 754. General authorities and require- eral Bureau of Investigation [FBI] the Sec. 201. Short title. ments. lead role in investigating such inci- Sec. 202. Findings and purposes; definitions. Sec. 755. National ITS program plan, imple- dents. Sec. 203. Handling criteria repeal. mentation, and report to Con- Rail and mass transportation safe- Sec. 204. Hazmat employee training require- gress. ments. Sec. 756. Technical, training, planning, re- ty—This legislation requires that Sec. 205. Registration. search and operational testing DOT’s Federal Transit Administration Sec. 206. Highway transportation of hazard- project assistance. consult with the Federal Railroad Ad- ous materials. Sec. 757. Applications of technology. ministration on relevant rail safety is- Sec. 207. Shipping paper retention. Sec. 758. Funding. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10155

Title VIII—Boating Safety United States, notwithstanding the issuance ‘‘(A) ADMINISTRATIVE LICENSE REVOCA- Sec. 801. Short title. of any patent, and including rights-of-way TION.—An administrative driver’s license Sec. 802. Amendment of 1950 Act. running through the reservation; suspension or revocation system for persons Sec. 803. Outreach and communications pro- ‘‘(B) all dependent Indian communities who operate motor vehicles while under the grams. within the borders of the United States influence of alcohol which requires that— Sec. 804. Clean Vessel Act funding. whether within the original or subsequently ‘‘(i) in the case of a person who, in any 5- Sec. 805. Boating infrastructure. acquired territory thereof and whether with- year period beginning after the date of en- in or without the limits of a State; and actment of this subsection, is determined on SEC. 3. AWARDS. ‘‘(C) all Indian allotments, the Indian ti- the basis of a chemical test to have been op- (a) Section 326 is amended— tles to which have not been extinguished, in- erating a motor vehicle under the influence (1) by adding at the end thereof the follow- cluding rights-of-way running through such of alcohol or is determined to have refused to ing: allotments.’’. submit to a test as proposed by a law en- ‘‘(e) For the purpose of executing the pow- ‘‘(e) RULEMAKING PROCESS.—Section 402(j) forcement officer, the State agency respon- ers and duties of the Department, and as a of such title is amended to read as follows: sible for administering drivers’ licenses, ‘‘(j) RULEMAKING PROCESS.—The Secretary means to encourage safety improvements by upon receiving the report of the law enforce- may from time to time conduct a rulemaking special or periodic awards, the Sec- ment officer— retary may provide for the honorary recogni- making process to identify highway safety ‘‘(I) shall suspend the driver’s license of programs that are highly effective in reduction of individuals and organizations that such person for a period of not less than 90 ing motor vehicle crashes, injuries and significantly contribute to programs, mis- days if such person is a first offender in such deaths. Any such rulemaking shall take into sions, or operations, including state and 5-year period; and local governments, transportation unions, account the major role of the States in im- ‘‘(II) shall suspend the driver’s license of and commercial and nonprofit organizations, plementing such programs. When a rule pro- such person for a period of not less than 1 mulgated in accordance with this section and pay for plaques, medals, trophies, year, or revoke such license, if such person is takes effect, States shall consider these badges, and similar items to acknowledge a repeat offender in such 5-year period; and the contribution, including reasonable ex- highly effective programs when developing ‘‘(ii) the suspension and revocation re- penses of ceremony and presentation, using their highway safety programs.’’. ferred to under clause (A)(i) of this subpara- (f) SAFETY INCENTIVE GRANTS.—Section 402 any appropriations or other funds available graph shall take effect not later than 30 days of such title is amended by striking sub- to the Department and its agencies.’’; and after the day on which the person refused to (2) by inserting ‘‘and awards’’ after ‘‘Gifts’’ section (k) and inserting the following: ‘‘(k)(1) SAFETY INCENTIVE GRANTS: GEN- submit to a chemical test or received notice in the section caption. ERAL AUTHORITY.—The Secretary shall make of having been determined to be driving (b) The analysis of sections for chapter 3 is a grant to a State that takes specific actions under the influence of alcohol, in accordance amended by striking the item relating to to advance highway safety under subsection with the State’s procedures. section 326 and inserting the following: (l), (m), (n), or (o) of this section. A State ‘‘(B) UNDERAGE DRINKING PROGRAM.—An ef- ‘‘Gifts and awards.’’. may qualify for more than one grant and fective system, as determined by the Sec- TITLE I—HIGHWAY SAFETY shall receive a separate grant for each sub- retary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic SEC. 101. HIGHWAY SAFETY PROGRAMS. section for which it qualifies. Such grants may only be used by recipient States to im- beverages. Such system shall include the is- (a) UNIFORM GUIDELINES.—Section 402(a) of plement and enforce, as appropriate, the pro- suance of drivers’ licenses to individuals title 23, United States Code, is amended by under age 21 that are easily distinguishable striking ‘‘section 4007’’ and inserting ‘‘sec- grams for which the grants are awarded. ‘‘(2) MAINTENANCE OF EFFORT.—No grant in appearance from drivers’ licenses issued tion 4004’’. may be made to a State under subsection (l) to individuals age 21 years of age or older. (b) ADMINISTRATIVE REQUIREMENTS.—Sec- or (m) of this section in any fiscal year un- ‘‘(C) STOPPING MOTOR VEHICLES.—Either— tion 402(b) of such title is amended— less such State enters into such agreements ‘‘(i) A statewide program for stopping (1) by striking the period at the end of sub- with the Secretary as the Secretary may re- motor vehicles on a nondiscriminatory, law- paragraph (A) and subparagraph (B) of para- quire to ensure that such State will main- ful basis for the purpose of determining graph (1) and inserting a semicolon; tain its aggregate expenditures from all whether the operators of such motor vehicles (2) by inserting ‘‘, including Indian tribes,’’ other sources for the specific actions for are driving while under the influence of alco- after ‘‘subdivisions of such State’’ in para- which a grant is provided at or above the av- hol, or graph (1)(C); erage level of such expenditures in its fiscal ‘‘(ii) a statewide Special Traffic Enforce- (3) by striking the period at the end of years preceding the date of the enactment of ment Program for impaired driving that em- paragraph (1)(C) and inserting a semicolon this subsection. phasizes publicity for the program. and ‘‘and’’; and ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED- ‘‘(D) REPEAT OFFENDERS.—Effective sanc- (5) by striking paragraphs (3) and (4) redes- ERAL SHARE FOR GRANTS.—Each grant under tions for repeat offenders convicted of driv- ignating paragraph (5) as paragraph (3). subsection (1) or (m) of this section shall be ing under the influence of alcohol. Such (c) APPORTIONMENT OF FUNDS—Section available for not more than 6 fiscal years be- sanctions, as determined by the Secretary, 402(c) of such title is amended by— ginning in the fiscal year after September 30, may include electronic monitoring; alcohol (1) by inserting ‘‘the apportionment to the 1997, in which the State becomes eligible for interlocks; intensive supervision of proba- Secretary of the Interior shall not be less the grant. The Federal share payable for any tion; vehicle impoundment confiscation, or than three fourths of 1 percent of the total grant under subsection (l) or (m) shall not forfeiture; and dedication detention facili- apportionment and’’ after ‘‘except that’’ in exceed— ties. the sixth sentence; and ‘‘(A) in the first and second fiscal years in ‘‘(E) GRADUATED LICENSING SYSTEM.—A (2) by striking the seventh sentence. which the State receives the grant, 75 per- three-stage graduated licensing system for (d) APPLICATION IN INDIAN COUNTRY—Sec- cent of the cost of implementing and enforc- young drivers that includes nighttime driv- tion 402(i) of such title is amended to read as ing, as appropriate, in such fiscal year a pro- ing restrictions during the first 2 stages, re- follows: gram adopted by the State; quires all vehicle occupants to be properly ‘‘(i) APPLICATION IN INDIAN COUNTRY.— ‘‘(B) in the third and fourth fiscal years in restrained, and makes it unlawful for a per- ‘‘(1) IN GENERAL.—For the purpose of appli- which the State receives the grant, 50 person under age 21 to operate a motor vehicle cation of this section in Indian country, the cent of the cost of implementing and enforc- with a blood alcohol concentration of .02 per- term ‘State’ and ‘Governor of a State’ in- ing, as appropriate, in such fiscal year such cent or greater. clude the Secretary of the Interior and the program; and ‘‘(2) BASIC GRANT B.—Both of the following: term ‘political subdivision of a State’ in- ‘‘(C) in the fifth and sixth fiscal years in ‘‘(A) ADMINISTRATIVE LICENSE REVOCA- cludes an Indian tribe. Notwithstanding the which the State receives the grant, 25 per- TION.—An administrative driver’s license provisions of subparagraph (b)(1)(C) of this cent of the cost of implementing and enforc- suspension or revocation system for persons section, 95 percent of the funds apportioned ing, as appropriate, in such fiscal year such who operate motor vehicles while under the to the Secretary of the Interior under this program. influence of alcohol which requires that— section shall be expended by Indian tribes to ‘‘(l) ALCOHOL-IMPAIRED DRIVING COUNTER- ‘‘(i) in the case of a person who, in any 5- carry out highway safety programs within MEASURERS: BASIC GRANT ELIGIBILITY.—The year period beginning after the date of en- their jurisdictions. The provisions of sub- Secretary shall make grants to those States actment of this subsection, is determined on paragraph (b)(1)(D) of this section shall be that adopt and implement effective pro- the basis of a chemical test to have been op- applicable to Indian tribes, except to those grams to reduce traffic safety problems re- erating a motor vehicle under the influence tribes with respect to which the Secretary sulting from persons driving under the influ- of alcohol or is determined to have refused to determines that application of such provi- ence of alcohol. A State shall become eligi- submit to such a test as requested by a law sions would not be practicable . ble for one or more of three basic grants enforcement officer, the State agency re- ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur- under this subsection by adopting or dem- sponsible for administering drivers’ licenses, poses of this subsection, the term ‘Indian onstrating the following to the satisfaction upon receiving the report of the law enforce- country’ means— of the Secretary: ment officer— ‘‘(A) all land within the limits of any In- ‘‘(1) BASIC GRANT A.—At least 4 of the fol- ‘‘(I) shall suspend the drivers’ license of dian reservation under the jurisdiction of the lowing: such person for a period of not less than 90 S10156 CONGRESSIONAL RECORD — SENATE September 29, 1997 days if such person is a first offender in such under age 21 with a blood alcohol concentra- ness of such efforts, and to link these State 5-year period; and tion of 0.02 percent or greater when driving a data systems, including traffic records, to- ‘‘(II) shall suspend the driver’s license of motor vehicle shall be deemed to be driving gether and with other data systems within such person for a period of not less than 1 while intoxicated or driving under the influ- the State, such as systems that contain med- year, or revoke such license, if such person is ence of alcohol, and further provides for a ical and economic data: a repeat offender in such 5-year period; and minimum suspension of the person’s driver’s ‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A ‘‘(ii) the suspension and revocation re- license for not less than 30 days. State is eligible for a first-year grant under ferred to under clause (A)(i) of this subpara- ‘‘(E) SELF-SUSTAINING DRUNK DRIVING PRE- this subsection in a fiscal year if such State graph shall take effect not later than 30 days VENTION PROGRAM.—The State provides for a either: after the day on which the person refused to self-sustaining drunk driving prevention pro- ‘‘(A) Demonstrates, to the satisfaction of submit to a chemical test or receives notice gram under which a significant portion of the Secretary, that it has— of having been determined to be driving the fines or surcharges collected from indi- ‘‘(i) established a Highway Safety Data and under the influence of alcohol, in accordance viduals apprehended and fined for operating Traffic Records Coordinating Committee with the State’s procedures; and a motor vehicle while under the influence of with a multi-disciplinary membership in- ‘‘(B) .08 BAC PER SE LAW.—A law that pro- alcohol are returned to those communities cluding the administrators, collectors, and vides that any person with a blood alcohol which have comprehensive programs for the users of such data (including the public concentration of 0.08 percent or greater prevention of such operations of motor vehi- health, injury control, and motor carrier while operating a motor vehicle shall be cles. communities) of highway safety and traffic deemed to be driving while intoxicated. ‘‘(F) REDUCING DRIVING WITH A SUSPENDED records databases; ‘‘(3) BASIC GRANT C.—Both of the following: LICENSE.—The State enacts and enforces a ‘‘(ii) completed within the preceding 5 ‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE law to reduce driving with a suspended li- years a highway safety data and traffic REDUCTION.—The percentage of fatally in- cense. Such law, as determined by the Sec- records assessment or audit of its highway jured drivers with 0.10 percent or greater retary, may require a ‘‘zebra’’ stripe that is safety data and traffic records system; and blood alcohol concentration in the State has clearly visible on the license plate of any ‘‘(iii) initiated the development of a multi- decreased in each of the 3 most recent cal- motor vehicle owned and operated by a driv- year highway safety data and traffic records endar years for which statistics for deter- er with a suspended license. strategic plan to be approved by the High- mining such percentages are available; and ‘‘(G) EFFECTIVE DWI TRACKING SYSTEM.— way Safety Data and Traffic Records Coordi- ‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE The State demonstrates an effective driving nating Committee that identifies and COMPARISON.—The percentage of fatally in- while intoxicated (DWI) tracking system. prioritizes its highway safety data and traf- jured drivers with 0.10 percent or greater Such a system, as determined by the Sec- fic records needs and goals, and that identi- blood alcohol concentration in the State has retary, may include data covering arrests, fies performance-based measures by which been lower than the average percentage for case prosecutions, court dispositions and progress toward those goals will be deter- all States in each of such calendar years. sanctions, and provide for the linkage of mined; or ‘‘(4) BASIC GRANT AMOUNT.—The amount of such data and traffic records systems to ap- ‘‘(B) Provides, to the satisfaction of the each basic grant under this subsection for propriate jurisdictions and offices within the Secretary— any fiscal year shall be up to 15 percent of State. ‘‘(i) certification that it has met the provi- the amount apportioned to the State for fis- ‘‘(H) ASESSMENT OF PERSONS CONVICTED OF sions outlined in clauses (A)(i) and (A)(ii) of cal year 1997 under section 402 of this title. ABUSE OF CONTROLLED SUBSTANCES; ASSIGN- subparagraph (A) of this paragraph; ‘‘(5) ALCOHOL-IMPAIRED DRIVING COUNTER- MENT OF TREATMENT FOR ALL DWI/DUI OFFEND- ‘‘(ii) a multi-year plan that identifies and MEASURES: SUPPLEMENTAL GRANTS.—During ERS.—The State provides for assessment of prioritizes the State’s highway safety data the period in which a State is eligible for a individuals convicted of driving while intoxi- and traffic records needs and goals, that basic grant under this subsection, the State cated or driving under the influence of alco- specifies how its incentive funds for the fis- shall be eligible to receive a supplemental hol or controlled substances, and for the as- cal year will be used to address those needs grant in no more than 2 fiscal years of up to signment of appropriate treatment. and the goals of the plan, and that identifies 5 percent of the amount apportioned to the ‘‘(I) USE OF PASSIVE ALCOHOL SENSORS.— performance-based measures by which State in fiscal year 1997 under section 402 of The State provides for a program to acquire progress toward those goals will be deter- this title. The State may receive a separate passive alcohol sensors to be used by police mined; and supplemental grant for meeting each of the officers in detecting persons who operate ‘‘(iii) certification that the Highway Safe- following criteria: motor vehicles while under the influence of ty Data and Traffic Records Coordinating ‘‘(A) OPEN CONTAINER LAWS.—The State alcohol, and to train police officers in the Committee continues to operate and sup- makes unlawful the possession of any open use of that equipment. ports the multi-year plan described in clause alcoholic beverage container, or the con- ‘‘(J) EFFECTIVE PENALTIES FOR PROVISION (B)(ii) of this subparagraph. sumption of any alcoholic beverage, in the OR SALE OF ALCOHOL TO PERSONS UNDER 21.— ‘‘(2) FIRST-YEAR GRANT AMOUNT.—The passenger area of any motor vehicle located The State enacts and enforces a law that amount of a first-year grant made for State on a public highway or the right-of-way of a provides for effective penalties or other con- highway safety data and traffic records im- public highway, except— sequences for the sale or provision of alco- provements for any fiscal year to any State ‘‘(i) as allowed in the passenger area, by a holic beverages to any individual under 21 eligible for such a grant under subparagraph person (other than the driver), of any motor years of age. The Secretary shall determine (1)(A) of paragraph (A) of this subsection vehicle designed to transport more than 10 what penalties are effective. shall equal $1,000,000, subject to the avail- passengers (including the driver) while being ‘‘(6) DEFINITIONS.—For the purposes of this ability of appropriations, and for any State used to provide charter transportation of subsection, the following definitions apply: eligible for such a grant under subparagraph passengers; or ‘‘(A) ‘Alcoholic beverage’ has the meaning (1)(B) of this subsection shall equal a propor- ‘‘(ii) as otherwise specifically allowed by such term has under section 158(c) of this tional amount of the amount apportioned to such State, with the approval of the Sec- title. the State for fiscal year 1997 under section retary, but in no event may the driver of ‘‘(B) ‘Controlled substances’ has the mean- 402 of this title, except that no State shall such motor vehicle be allowed to possess or ing such term has under section 102(6) of the receive less than $250,000, subject to the consume an alcoholic beverage in the pas- Controlled Substances Act (21 U.S.C. 802(6)). availability of appropriations. The Secretary senger area. ‘‘(C) ‘Motor vehicle’ means a vehicle driven may award a grant of up to $25,000 for one ‘‘(B) MANDATORY BLOOD ALCOHOL CON- or drawn by mechanical power and manufac- year to any State that does not meet the cri- CENTRATION TESTING PROGRAMS.—The State tured primarily for use on public streets, teria established in paragraph (1). The grant provides for mandatory blood alcohol con- roads, and highways, but does not include a may only be used to conduct activities need- centration testing whenever a law enforce- vehicle operated only on a rail line. ed to enable that State to qualify for first- ment officer has probable cause under State ‘‘(D) ‘Open alcoholic beverage container’ year funding to begin in the next fiscal year. law to believe that a driver of a motor vehi- means any bottle, can, or other receptacle— ‘‘(3) STATE HIGHWAY SAFETY DATA AND cle involved in a crash resulting in the loss ‘‘(i) which contains any amount of an alco- TRAFFIC RECORDS IMPROVEMENTS; SUCCEEDING- of human life or, as determined by the Sec- holic beverage; and YEAR GRANTS.—A State shall be eligible for a retary, serious bodily injury, has committed ‘‘(ii)(I) which is open or has a broken seal, grant in any fiscal year succeeding the first an alcohol-related traffic offense. or fiscal year in which the State receives a ‘‘(C) VIDEO EQUIPMENT FOR DETECTION OF ‘‘(II) the contents of which are partially re- State highway safety data and traffic DRUNK DRIVERS.—The State provides for a moved. records grant if the State, to the satisfaction program to acquire video equipment to be ‘‘(m) STATE HIGHWAY SAFETY DATA IM- of the Secretary: used in detecting persons who operate motor PROVEMENTS.—The Secretary shall make a ‘‘(A) Submits or updates a multi-year plan vehicles while under the influence of alcohol grant to a State that takes effective actions that identifies and prioritizes the State’s and in prosecuting those persons, and to to improve the timeliness, accuracy, com- highway safety data and traffic records train personnel in the use of that equipment. pleteness, uniformity, and accessibility of needs and goals, that specifies how its incen- ‘‘(D) BLOOD ALCOHOL CONCENTRATION FOR the State’s data needed to identify priorities tive funds for the fiscal year will be used to PERSONS UNDER AGE 21.—The State enacts and within State and local highway and traffic address those needs and the goals of the enforces a law providing that any person safety programs, to evaluate the effective- plan, and that identifies performance-based September 29, 1997 CONGRESSIONAL RECORD — SENATE S10157 measures by which progress toward those form to guidelines issued by the Secretary amended by adding at the end thereof the goals will be determined; ensuring that such measurements are accu- following: ‘‘(B) Certifies that its Highway Safety rate and representative. ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO Data and Traffic Records Coordinating Com- ‘‘(3) BASIC GRANT AMOUNT.—The amount of NON-FEDERAL MANAGEMENT.—(1) The Sec- mittee continues to support the multi-year each basic grant for which a State qualifies retary may enter into an agreement with an plan; and under this subsection for any fiscal year organization that represents the interests of ‘‘(C) Reports annually on its progress in shall equal up to 20 percent of the amount the States to manage, administer, and oper- implementing the multi-year plan. apportioned to the State for fiscal year 1997 ate the National Driver Register’s computer ‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.— under section 402 of this title. timeshare and user assistance functions. If The amount of a succeeding-year grant made ‘‘(4) OCCUPANT PROTECTION PROGRAM: SUP- the Secretary decides to enter into such an for State highway safety data and traffic PLEMENTAL GRANTS.—During the period in agreement, the Secretary shall ensure that records improvements for any fiscal year to which a State is eligible for a basic grant the management of these functions is com- any State that is eligible for such a grant under this subsection, the State shall be eli- patible with this chapter and the regulations shall equal a proportional amount of the gible to receive a supplemental grant in a issued to implement this chapter. amount apportioned to the State for fiscal fiscal year of up to 5 percent of the amount ‘‘(2) Any transfer of the National Driver year 1997 under section 402 of this title, ex- apportioned to the State in fiscal year 1997 Register’s computer timeshare and user as- cept that no State shall receive less than under section 402 of this title. The State may sistance functions to an organization that $225,000, subject to the availability of appro- receive a separate supplemental grant for represents the interests of the States shall priations.’’. meeting each of the following criteria: begin only after a determination is made by (g) OCCUPANT PROTECTION PROGRAM.— ‘‘(A) PENALTY POINTS AGAINST A DRIVER’S the Secretary that all States are participat- (1) IN GENERAL.—Section 410 of title 23, LICENSE FOR VIOLATIONS OF CHILD PASSENGER ing in the National Driver Register’s ‘Prob- United States Code, is amended to read as PROTECTION REQUIREMENTS.—The State has in lem Driver Pointer System’ (the system used follows: effect a law that requires the imposition of by the Register to effect the exchange of ‘‘§ 410. Safety belts and occupant protection penalty points against a driver’s license for motor vehicle driving records), and that the program violations of child passenger protection re- system is functioning properly. ‘‘(3) The agreement entered into under this ‘‘The Secretary shall make basic grants to quirements. ‘‘(B) ELIMINATION OF NON-MEDICAL EXEMP- subsection shall include a provision for a those States that adopt and implement effec- transition period sufficient to allow the tive programs to reduce highway deaths and TIONS TO SAFETY BELT AND CHILD PASSENGER PROTECTION LAWS.—The State has in effect States to make the budgetary and legislative injuries resulting from persons riding unre- safety belt and child passenger protection changes they may need to pay fees charged strained or improperly restrained in motor laws that contain no nonmedical exemp- by the organization representing their inter- vehicles. A State may establish its eligi- tions. ests for their use of the National Driver Reg- bility for one or both of the grants by adopt- ‘‘(C) SAFETY BELT USE IN REAR SEATS.—The ister’s computer timeshare and user assisting or demonstrating the following to the State has in effect a law that requires safety ance functions. During this transition pe- satisfaction of the Secretary: belt use by all rear-seat passengers in all riod, the Secretary (through the National ‘‘(1) BASIC GRANT A.—At least 4 of the fol- passenger motor vehicles with a rear seat. Highway Traffic Safety Administration) lowing: ‘‘(5) DEFINITIONS.—As used in this sub- shall continue to fund these transferred ‘‘(A) SAFETY BELT USE LAW FOR ALL FRONT section— functions. SEAT OCCUPANTS.—The State has in effect a ‘‘(A) ‘Child safety seat’ means any device ‘‘(4) The total of the fees charged by the or- safety belt use law that makes unlawful except safety belts, designed for use in a ganization representing the interests of the throughout the State the operation of a pas- motor vehicle to restrain, seat, or position States in any fiscal year for the use of the senger motor vehicle whenever a person in children who weighs 50 pounds or less. National Driver Register’s computer the front seat of the vehicle (other than a ‘‘(B) ‘Motor vehicle’ means a vehicle driven timeshare and user assistance functions child who is secured in a child restraint sys- or drawn by mechanical power and manufac- shall not exceed the total cost to the organi- tem) does not have a safety belt properly se- tured primarily for use on public streets, zation for performing these functions in such cured about the person’s body. roads, and highways, but does not include a fiscal year. ‘‘(B) PRIMARY SAFETY BELT USE LAW.—The vehicle operated only on a rail line. ‘‘(5) Nothing in this subsection shall be State provides for primary enforcement of ‘‘(C) ‘Multipurpose passenger vehicle’ construed to diminish, limit, or otherwise af- its safety belt use law. means a motor vehicle with motive power fect the authority of the Secretary to carry ‘‘(C) CHILD PASSENGER PROTECTION LAW.— (except a trailer), designed to carry not more out this chapter.’’. The State has in effect a law that requires than 10 individuals, that is constructed ei- (b) ACCESS TO REGISTER INFORMATION.— minors who are riding in a passenger motor ther on a truck chassis or with special fea- Section 30305(b) is amended by— vehicle to be properly secured in a child safe- tures for occasional off-road operation. (1) by striking ‘‘request.’’ in paragraph (2) ty seat or other appropriate restraint sys- ‘‘(D) ‘Passenger car’ means a motor vehicle and inserting the following: ‘‘request, unless tem. with motive power (except a multipurpose the information is about a revocation or sus- ‘‘(D) CHILD OCCUPANT PROTECTION EDU- passenger vehicle, motorcycle, or trailer) de- pension still in effect on the date of the re- CATION PROGRAM.—The State demonstrates signed to carry not more than 10 individuals. quest’’; implementation of a statewide comprehen- ‘‘(E) ‘Passenger motor vehicle’ means a (2) by inserting after paragraph (6) the fol- sive child occupant protection education passenger car or a multipurpose passenger lowing: program that includes education about prop- motor vehicle. ‘‘(7) The head of a Federal department or er seating positions for children in air bag ‘‘(F) ‘Safety belt’ means— agency that issues motor vehicle operator’s equipped motor vehicles and instruction on ‘‘(i) with respect to open-body passenger licenses may request the chief driver licens- how to reduce the improper use of child re- vehicles, including convertibles, an occupant ing official of a State to obtain information straints systems. The states are to submit to restraint system consisting of a lap belt or a under subsection (a) of this section about an the Secretary an evaluation or report on the lap belt and a detachable shoulder belt; and individual applicant for a motor vehicle op- effectiveness of the programs at least three ‘‘(ii) with respect to other passenger vehi- erator’s license from such department or years after receipt of the grant. cles, an occupant restraint system consisting agency. The department or agency may re- ‘‘(E) MINIMUM FINES.—The State requires a of integrated lap and shoulder belts.’’. ceive the information, provided it transmits minimum fine of at least $25 for violations of (2) CONFORMING AMENDMENT.—The chapter to the Secretary a report regarding any indi- its safety belt use law and a minimum fine of analysis for chapter 4 of that chapter is vidual who is denied a motor vehicle opera- at least $25 for violations of its child pas- amended by striking the item relating to tor’s license by that department or agency senger protection law. section 410 and inserting the following: for cause; whose motor vehicle operator’s li- ‘‘(F) SPECIAL TRAFFIC ENFORCEMENT PRO- ‘‘410. Safety belts and occupant protection cense is revoked, suspended or canceled by GRAM.—The State demonstrates implementa- program’’. that department or agency for cause; or tion of a statewide Special Traffic Enforce- (h) DRUGGED DRIVER RESEARCH AND DEM- about whom the department or agency has ment Program for occupant protection that ONSTRATION PROGRAM.—Section 403(b) of title been notified of a conviction of any of the emphasizes publicity for the program. 23, United State Code, is amended— motor vehicle-related offenses or comparable ‘‘(2) BASIC GRANT B.—Both of the following: (1) by inserting ‘‘(1)’’ before ‘‘In addition’’; offenses listed in subsection 30304(a)(3) and ‘‘(A) STATE SAFETY BELT USE RATE.—The (2) by striking ‘‘is authorized to’’ and in- over whom the department or agency has li- State demonstrates a statewide safety belt serting ‘‘shall’’; censing authority. The report shall contain use rate in both front outboard seating posi- (3) by redesignating paragraphs (1) and (2) the information specified in subsection tions in all passenger motor vehicles of 80 as subparagraphs (A) and (B); and 30304(b). percent or higher in each of the first 3 years (4) by inserting after subparagraph (B), as ‘‘(8) The head of a Federal department or a grant under this paragraph is received, and redesignated, the following: agency authorized to receive information re- of 85 percent or higher in each of the fourth, ‘‘(C) Measures that may deter drugged garding an individual from the Register fifth, and sixth years a grant under this driving.’’. under this section may request and receive paragraph is received. SEC. 102. NATIONAL DRIVER REGISTER. such information from the Secretary.’’; ‘‘(B) SURVEY METHOD.—The State follows (a) TRANSFER OF SELECTED FUNCTIONS TO (3) by redesignating paragraphs (7) and (8) safety belt use survey methods which con- NON-FEDERAL MANAGEMENT.—Section 30302 is as paragraphs (9) and (10); and S10158 CONGRESSIONAL RECORD — SENATE September 29, 1997

(4) by striking ‘‘paragraph (2)’’ in para- (3) NATIONAL DRIVER REGISTER.—For carry- (2) shall retain those portions of the com- graph (10), as redesignated, and inserting ing out chapter 303 (National Driver Reg- parable United States standard determined ‘‘subsection (a) of this section’’. ister) of title 49, United States Code, by the by the Secretary or the Administrator, SEC. 103. AUTHORIZATIONS OF APPROPRIA- National Highway Traffic Safety Adminis- under paragraph (2)(C), to provide unique TIONS. tration, there are authorized to be appro- practices or levels of safety performance or (a) HIGHWAY SAFETY PROGRAMS.—The fol- priated under section 30308(a) of such chapter environmental protection not contained in lowing sums are authorized to be appro- $2,300,000 for each of fiscal years 1998, 1999, the global standard. priated out of the Highway Trust Fund 2000, 2001, and 2002, and $2,360,000 for fiscal (d) GENERAL REQUIREMENTS.— (other than the Mass Transit Account): year 2003. (1) PUBLIC DISCLOSURE OF ALL MATTER.— (1) CONSOLIDATED STATE HIGHWAY SAFETY SEC. 104. GLOBAL ENVIRONMENTAL AND SAFETY Notwithstanding any provision of law, any PROGRAMS.— STANDARDS FOR VEHICLES. documentation, proposal, negotiating docu- (A) For carrying out the State and Com- (a) DEVELOPMENT OF A GLOBAL REGISTER.— ment, internal discussion memorandum, munity Highway Safety Program under sec- The Secretary of Transportation (hereinafter meeting notes, correspondence (including tion 402 of title 23, United States Code, by in this section referred to as the ‘‘Sec- electronic mail), and submissions from the the National Highway Traffic Safety Admin- retary’’) and the Administrator of the Envi- private sector in connection with such nego- istration, except for the incentive programs ronmental Protection Agency (hereinafter in tiations received by the Secretary or the Ad- under subsections (l) and (m) of that section, this section referred to as the ‘‘Adminis- ministrator shall be made available to the $142,700,000 for fiscal year 1998, and $166,700 trator’’) may participate in the development public through a docket published by the De- for each of fiscal years 1999, 2000, 2001, and of an international compendium of national partment of Transportation or the Environ- 2002, and $171,034,000 for fiscal year 2003. motor vehicle standards, including both safe- mental Protection Agency. (B) To carry out the alcohol-impaired driv- ty and environmental standards. (2) NOTICE OF MEETINGS; PUBLIC COMMENT.— ing countermeasures incentive grant provi- (b) PROMOTION OF INTERNATIONAL COOPERA- Not less than 90 days before any bilateral or sions of subsection (l) of section 402 of title TIVE PROGRAMS.—The Secretary or Adminis- multilateral harmonization meeting at- 23, United States Code, by the National trator may participate in activities to pro- tended by the Secretary or the Adminis- Highway Traffic Safety Administration, mote international cooperative programs for trator (or their delegates) is scheduled to be $35,000,000 for fiscal year 1998, $39,000,000 for conducting research, development, dem- held, the Secretary or the Administrator, or each of fiscal years 1999, 2000, and 2001, onstration projects, training, and other both, as appropriate— $46,000,000 for fiscal year 2002, and $49,000,000 forms of technology transfer and exchange, (A) shall publish notice of the purpose of for fiscal year 2003. Amounts made available including safety conferences, seminars, and the meeting in the Federal Register under to carry out subsection (l) are authorized to expositions, to enhance international motor the heading ‘‘Harmonization and Equiva- remain available until expended, provided vehicle safety, and provide technical assist- lence’’; and that, in each fiscal year the Secretary may ance to other countries relating to their (B) shall establish a public docket number reallocate any amounts remaining available adoption of United States Federal standards and hold a hearing in accordance with the under subsections (l) and (m) of section 402 of for vehicles. This effort shall not reduce or provisions of chapter 5 of title 5, United title 23, United States Code, as necessary to diminish the Secretary’s or Administrator’s States Code, on the subject matter of the ensure, to the maximum extent possible, obligation to conduct research on issues of meeting. that States may receive the maximum in- vehicle safety, environmental protection, (e) WORLD TRADE ORGANIZATION ACTION centive funding for which they are eligible and testing relevant to the operation of vehi- FORECLOSED.—Before the United States may under these programs. cles in the United States. enter into any international agreement or (C) To carry out the occupant protection (c) INTERNATIONAL HARMONIZATION OF agree to any standard-setting procedure, the program incentive grant provisions of sec- SAFETY AND ENVIRONMENTAL REGULATION OF agreement shall provide that any existing or tion 410 of title 23, United States Code, by VEHICLES.— future State standard or future United the National Highway Traffic Safety Admin- (1) IN GENERAL.—The Secretary and the Ad- States Federal standard that is higher, more istration, $20,000,000 for fiscal year 1998, ministrator may participate in international stringent, or more rigorous than the stand- $22,000,000 for each of fiscal years 1999, 2000, negotiations (including working parties, ard to be established by that agreement or and 2001, $24,000,000 for fiscal year 2002, and other international bodies, and panels of ex- procedure— $23,312,000 for fiscal year 2003. Amounts made perts) and may agree to harmonized rules for (1) may not be challenged before the World available to carry out subsection (m) are au- vehicular safety and environmental pollu- Trade Organization or any other inter- thorized to remain available until expended, tion if the United States position to be taken national organization on the basis of a high- provided that, in each fiscal year the Sec- in such an international negotiation is devel- er level of protection or its means of imple- retary may reallocate any amounts remain- oped in accordance with paragraphs (2), (3), mentation; or ing available under subsections (l) and (m) to and (4). (2) shall contain the following clause, and subsections (l), (n), and (o) of section 402 of (2) ADOPTION OF HIGHER GLOBAL STAND- other necessary safeguards: ‘‘any domestic title 23, United States Code, as necessary to ARDS.—The Secretary or Administrator may standard providing a higher level of protec- ensure, to the maximum extent possible, adopt the global standard if the Secretary or tion is not actionable before the World Trade that States may receive the maximum in- Administrator determines that— Organization or other international organi- centive funding for which they are eligible (A) in light of the Secretary’s or Adminis- zation on the basis of its level of protection under these programs. trator’s determination under both subpara- or its means of implementation’’. (D) To carry our the State highway safety graphs (B) and (C), the harmonized standard (f) USE OF INTERNATIONAL STANDARDS IN data improvements incentive grant provi- provides an overall higher level of safety per- sions of subsection (n) of title 23, United DOMESTIC PROCEEDINGS.—In any domestic formance or environmental protection than proceeding, any agreement or standard set- States Code, by the National Highway Traf- the comparable United States standard; fic Safety Administration, $12,000,000 for ting procedure (arrived at or being nego- (B) the harmonized standard or any por- tiated) shall not be cited or used by the Unit- each of fiscal years 1998, 1999, 2000, and 2001. tion of the standard provides a unique or Amounts made available to carry out sub- ed States as a rationale for opposing efforts higher level of safety or environmental per- to provide for a greater or different level of section (n) are authorized to remain avail- formance than the comparable United States protection. able until expended. standard; (2) NHTSA OPERATIONS AND RESEARCH.—For (C) the comparable United States standard SEC. 105. AMENDMENTS TO CHAPTER 323 carrying out the functions of the Secretary, or any portion thereof does not provide a (CONSUMER INFORMATION). by the National Highway Traffic Safety Ad- unique or higher level of safety or environ- Section 32302 is amended by striking sub- ministration, for traffic and highway safety mental performance not contained in the section (c). under (A) section 403 of title 23, United harmonized standard; SEC. 106. AMENDMENT TO CHAPTER 329 (AUTO- States Code (Highway Safety Research and (D) it is adopted through a rulemaking pro- MOBILE FUEL ECONOMY). Development), (B) Chapter 301 of Title 49, cedure conducted in accordance with the pro- Section 32907(a)(2) is amended to read as United States Code (Motor Vehicle Safety), visions of chapters 5 and 7 of title 5, United follows: and (C) Part C of Subtitle VI of Title 49, States Code, relating to rulemaking; and ‘‘(2) A manufacturer shall submit a report United States Code (Information, Standards, (E) the requirements of subsections (d) and under paragraph (1) of this subsection during and Requirements), there are authorized to (e) are met. the 30 days before the beginning of each be appropriated $147,500,000, for each of fiscal (3) ACTUAL BENEFITS TO BE WEIGHTED.—In model year.’’. years 1998, 1999, 2000, 2001, and 2002, and making the determinations under paragraph SEC. 107. AMENDMENTS TO CHAPTER 331 (THEFT $15,335,000 for fiscal year 2003. (2), the Secretary or the Administrator shall PREVENTION). (E) To carry out the drugged driving re- take into account the overall safety and en- Section 33104(a)(6) is repealed. search and demonstration programs of sec- vironmental benefits that will accrue to SEC. 108 DEALER NOTIFICATION PROGRAM FOR tion 403(b)(1) of title 23, United States Code, users under real-world driving conditions PROHIBITED SALE OF NONQUALIFY- by the National Highway Traffic Safety Ad- from adoption of a harmonized standard. ING VEHICLES FOR USE AS ministration, $2,500,000 for each of fiscal (4) RETENTION OF HIGHER DOMESTIC STAND- SCHOOLBUSES. years 1999, 2000, 2001, and 2002, and $1,000,000 ARDS.—Any standard adopted by the Sec- Section 30112 is amended by adding at the for fiscal year 2003. retary or the Administrator under paragraph end thereof the following: September 29, 1997 CONGRESSIONAL RECORD — SENATE S10159

‘‘(c) NOTIFICATION PROGRAM FOR DEALERS ‘‘(2) to provide the Secretary with preemp- (6) by striking ‘‘or transporting hazardous CONCERNING SALES OF VEHICLES AS tion authority to achieve uniform regulation material to further a commercial enter- SCHOOLBUSES.—Not later than September 1, of hazardous material transportation, to prise;’’ in paragraph 12(A), as redesignated 1998, the Secretary shall develop and imple- eliminate inconsistent rules that apply dif- by paragraph (4) of this subsection, and in- ment a program to notify dealers and dis- ferently from Federal rules, to ensure effi- serting a comma and ‘‘transporting hazard- tributors in the United States that sub- cient movement of hazardous materials in ous material to further a commercial enter- section (a) prohibits the sale or delivery of commerce, and to promote the national prise, or manufacturing, reconditioning, or any vehicle for use as a schoolbus (as that health, welfare, and safety; and testing containers, drums, or other term is defined in section 30125(a)(1) of this ‘‘(3) to ensure adequate training of hazard- packagings represented as qualified for use title) that does not meet the standards pre- ous materials emergency responders, includ- in transporting hazardous material’’. scribed under section 30125(b) of this title.’’. ing small businesses involved in hazardous (c) CLERICAL AMENDMENT.—The chapter TITLE II—HAZARDOUS MATERIALS materials transportation.’’. analysis of chapter 51 is amended by striking TRANSPORTATION REAUTHORIZATION (b) DEFINITIONS.—Section 5102 is amended the item relating to section 5101 and insert- by— ing the following: SEC. 201. SHORT TITLE. (1) by striking paragraph (1) and inserting This title may be cited as the ‘‘Hazardous ‘‘5101. Findings and purposes’’. the following: Materials Transportation Safety Reauthor- SEC. 203. HANDLING CRITERIA REPEAL. ‘‘(1) ‘commerce’ means trade or transpor- ization Act of 1997’’. Section 5106 is repealed and the chapter tation in the jurisdiction of the United SEC. 202. FINDINGS AND PURPOSES; DEFINI- analysis of chapter 51 is amended by striking States— the item relating to that section. TIONS. ‘‘(A) between a place in a State and a place (a) FINDINGS AND PURPOSES.—Section 5101 SEC. 204. HAZMAT EMPLOYEE TRAINING RE- outside of the State; QUIREMENTS. is amended to read as follows: ‘‘(B) that affects trade or transportation ‘‘§ 5101. Findings and purposes Section 5107(f)(2) is amended by striking between a place in a State and a place out- ‘‘and sections 5106, 5108(a)–(g)(1) and (h), ‘‘(a) FINDINGS.—The Congress finds with reside of the State; or and’’. spect to hazardous materials transportation ‘‘(C) on a United States-registered air- that— craft.’’; SEC. 205. REGISTRATION. ‘‘(1) approximately 4 billion tons of regu- (2) by striking paragraphs (3) and (4) and Section 5108 is amended by— (1) by striking subsection (b)(1)(C) and in- lated hazardous materials are transported inserting the following: serting the following: each year and that approximately 500,000 ‘‘(3) ‘hazmat employee’ means an individ- ‘‘(C) each State in which the person carries movements of hazardous materials occur ual who— out any of the activities.’’; each day, according to the Department of ‘‘(A) is— (2) by striking subsection (c) and inserting ‘‘(i) employed by a hazmat employer, Transportation estimates; the following: ‘‘(2) accidents involving the release of haz- ‘‘(ii) self-employed, or ‘‘(c) FILING SCHEDULE.—Each person re- ‘‘(iii) an owner-operator of a motor vehicle; ardous materials are a serious threat to pub- quired to file a registration statement under and lic health and safety; subsection (a) of this section shall file that ‘‘(3) many States and localities have en- ‘‘(B) during the course of employment— statement annually in accordance with regu- acted laws and regulations that vary from ‘‘(i) loads, unloads, or handles hazardous lations issued by the Secretary.’’; Federal laws and regulations pertaining to material; (3) by striking ‘‘552(f)’’ in subsection (f) and ‘‘(ii) manufactures, reconditions, or tests the transportation of hazardous materials, inserting ‘‘552(b)’’; and thereby creating the potential for unreason- containers, drums, or other packagings rep- (4) by striking ‘‘may’’ in subsection (g)(1) able hazards in other jurisdictions and con- resented as qualified for use in transporting and inserting ‘‘shall’’. founding shippers and carriers that attempt hazardous material; (5) by amending § 5108(I)(2)(B) by adding to comply with multiple and conflicting reg- ‘‘(iii) performs any function pertaining to ‘‘an INDIAN TRIBE’’ after ‘‘STATE,’’ the offering of hazardous material for trans- istration, permitting, routings, notification, SEC. 206. HIGHWAY TRANSPORTATION OF HAZ- loading, unloading, incidental storage, and portation; ARDOUS MATERIALS. ‘‘(iv) is responsible for the safety of trans- other regulatory requirements; (a) IN GENERAL.—Section 5109 is amended ‘‘(4) because of the potential risks of life, porting hazardous material; or to read as follows: property and the environment posed by unin- ‘‘(v) operates a vehicle used to transport tentional releases of hazardous materials, hazardous material. ‘‘§ 5109. Hazardous materials pilot program consistency in laws and regulations govern- ‘‘(4) ‘hazmat employer’ means a person ‘‘(a) GENERAL.—The Secretary of Transpor- ing the transportation of hazardous mate- who— tation shall implement a pilot program to rials, including loading, unloading, and inci- ‘‘(A) either— evaluate the use of automated carrier assess- dental storage, is necessary and desirable; ‘‘(i) is self-employed, ment programs for carriers of certain haz- ‘‘(5) in order to achieve greater uniformity ‘‘(ii) is an owner-operator of a motor vehi- ardous materials. and to promote the public health, welfare, cle, or ‘‘(b) HAZARDOUS MATERIALS COVERED.—The and safety at all levels, Federal standards for ‘‘(iii) has at least one employee; and Secretary shall determine the hazardous ma- regulating the transportation of hazardous ‘‘(B) performs a function, or uses at least terials to be covered by the pilot program. materials in intrastate, interstate, and for- one employee, in connection with— The Secretary may limit materials to— eign commerce are necessary and desirable; ‘‘(i) transporting hazardous material in ‘‘(1) class 1.1, 1.2, or 1.3 explosives; ‘‘(6) in order to provide reasonable, ade- commerce; ‘‘(2) liquefied natural gas; ‘‘(3) hazardous materials the Secretary des- quate, and cost-effective protection from the ‘‘(ii) causing hazardous material to be ignates as extremely toxic by inhalation; risks posed by the transportation of hazard- transported in commerce, or ‘‘(4) a highway route controlled quantity of ous materials, a network of adequately ‘‘(iii) manufacturing, reconditioning, or radioactive material, as defined by the Sec- trained State and local emergency response testing containers, drums, or other packagings represented as qualified for use retary; or personnel is required; ‘‘(5) any other hazardous material des- ‘‘(7) the movement of hazardous materials in transporting hazardous material.’’; ignated by the Secretary under section in commerce is necessary and desirable to (3) by striking ‘‘title.’’ in paragraph (7) and 5103(a) of this title.’’. maintain economic vitality and meet inserting ‘‘title, except that a freight for- (b) CLERICAL AMENDMENT.—The chapter warder is included only if performing a func- consumer demands, and shall be conducted analysis for chapter 51 is amended by strik- tion related to highway transportation’’; in a safe and efficient manner; and ing the item relating to section 5109 and in- ‘‘(8) primary authority for the regulation (4) by redesignating paragraphs (9) through serting the following: of such transportation should be consoli- (13) as paragraphs (12) through (16); dated in the Department of Transportation (5) by inserting after paragraph (8) the fol- ‘‘5109. Hazardous materials pilot program’’. to ensure the safe and efficient movement of lowing; SEC. 207. SHIPPING PAPER RETENTION. hazardous materials in commerce. ‘‘(9) ‘out-of-service order’ means a mandate Section 5110(e) is amended by striking the ‘‘(9) emergency response personnel have a that an aircraft, vessel, motor vehicle, train, first sentence and inserting ‘‘After expira- continuing need for training on responses to other vehicle, or a part of any of these, not tion of the requirement in subsection (c) of releases of hazardous materials in transpor- be moved until specified conditions have this section, the person who provided the tation and small business have a continuing been met. shipping paper and the carrier required to need for training on compliance with hazard- ‘‘(10) ‘package’ or ‘outside package’ means maintain it under subsection (a) of this sec- ous materials regulations. a packaging plus its contents. tion shall retain the paper or an electronic ‘‘(b) PURPOSES.—The purposes of this chap- ‘‘(11) ‘packaging’ means a receptacle and image thereof, for a period of 1 year after the ter are— any other components or materials nec- shipping paper was provided to the carrier, ‘‘(1) to ensure the safe and efficient trans- essary for the receptacle to perform its con- to be accessible through their respective portation of hazardous materials in intra- tainment function in conformance with the principal places of business.’’. state, interstate, and foreign commerce, in- minimum packaging requirements estab- SEC. 208. PUBLIC SECTOR TRAINING CURRICU- cluding the loading, unloading, and inciden- lished by the Secretary of Transportation.’’; LUM. tal storage of hazardous material; and Section 5115 is amended by— S10160 CONGRESSIONAL RECORD — SENATE September 29, 1997

(1) by striking ‘‘DEVELOPMENT AND UPDAT- the conduct of research, development, dem- (b) Section 5123(c)(2) is amended to read as ING.—Not later than November 16, 1992, in’’ onstration, risk assessment, emergency re- follows: in subsection (a) and inserting ‘‘UPDATING.— sponse planning and training activities.’’. ‘‘(2) with respect to the violator, the de- In’’; SEC. 212. ENFORCEMENT. gree of culpability, any good-faith efforts to (2) by striking ‘‘develop and’’ in the first Section 5122, as amended by section 211(b), comply with the applicable requirements, sentence of subsection (a); is further amended by— any history of prior violations, any economic (3) by striking the second sentence of sub- (1) by inserting ‘‘inspect,’’ after ‘‘may’’ in benefit resulting from the violation, the section (a); the first sentence of subsection (a); ability to pay, and any effect on the ability (4) by striking ‘‘developed’’ in the first sen- (2) by striking the last sentence of sub- to continue to do business; and’’. tence of subsection (b); section (a) and inserting: ‘‘Except as pro- (c) Section 5124 is amended to read as fol- (5) by inserting ‘‘or involving an alter- vided in subsection (e) of this section, the lows: native fuel vehicle’’ after ‘‘material’’ in sub- Secretary shall provide notice and an oppor- § 5124. Criminal penalty paragraphs (A) and (B) of subsection (b)(1); tunity for a hearing prior to issuing an order ‘‘(a) IN GENERAL.—A person knowingly vio- and requiring compliance with this chapter or a lating section 5104(b) of this title or willfully (6) by striking subsection (d) and inserting regulation, order, special permit, or approval violating this chapter or a regulation, order, the following: issued under this chapter.’’; special permit, or approval issued under this ‘‘(d) DISTRIBUTION AND PUBLICATION.—With (2) by redesignating subsections (d) and (e) chapter, shall be fined under title 18, impris- the national response team, the Secretary of as subsections (f) and (g), and inserting after oned for not more than 5 years, or both. Transportation may publish a list of pro- subsection (c) the following: ‘‘(b) AGGRAVATED VIOLATIONS.—A person grams that use a course developed under this ‘‘(d) OTHER AUTHORITY.—During inspec- knowingly violating section 5104(b) of this section for training public sector employees tions and investigations, officers, employees, title or willfully violating this chapter or a to respond to an accident or incident involv- or agents of the Secretary may— regulation, order, special permit, or approval ing the transportation of hazardous mate- ‘‘(1) open and examine the contents of a issued under this chapter, and thereby caus- rial.’’. package offered for, or in, transportation ing the release of hazardous material, shall SEC. 209. PLANNING AND TRAINING GRANTS. when— be fined under title 18, imprisoned for not ‘‘(A) the package is marked, labeled, cer- Section 5116 is amended by— more than 20 years, or both.’’. tified, placarded, or otherwise represented as (1) by striking ‘‘of’’ in the second sentence SEC. 214. PREEMPTION. containing a hazardous material, or of subsection (e) and inserting ‘‘received by’’; (a) REQUIREMENTS CONTRARY TO PURPOSES ‘‘(B) there is an objectively reasonable and (2) by striking subsection (f) and inserting OF CHAPTER.—Section 5125(a)(2) is amended articulable belief that the package may con- the following: by inserting a comma and ‘‘the purposes of tain a hazardous material; ‘‘(f) MONITORING AND TECHNICAL ASSIST- ‘‘(2) take a sample, sufficient for analysis, this chapter,’’ after ‘‘this chapter’’ the first ANCE.—The Secretary of Transportation of material marked or represented as a haz- place it appears. shall monitor public sector emergency re- (b) DEADWOOD.—Section 5125(b)(2) is ardous material or for which there is an ob- sponse planning and training for an accident amended by striking ‘‘prescribes after No- jectively reasonable and articulable belief or incident involving hazardous material. vember 16, 1990.’’ and inserting ‘‘prescribes.’’. that the material may be a hazardous mate- Considering the results of the monitoring, (c) Add § 5125(h) as Follows: ‘‘RELATIONSHIP rial, and analyze that material; TO OTHER LAW.—No preemption authority es- the Secretary shall provide technical assist- ‘‘(3) when there is an objectively reason- tablished by subsection (a), (b), (c) or (g) of ance to a State, political subdivision of a able and articulable belief that an imminent this section, or section 5119(a) of this chap- State, or Indian tribe for carrying out emer- hazard may exist, prevent the further trans- ter, shall be construed to limit or be limited gency response training and planning for an portation of the material until the hazardous by any other preemption authority of this accident or incident involving hazardous ma- qualities of that material have been deter- section or chapter.’’ terial and shall coordinate the assistance mined; and using the existing coordinating mechanisms ‘‘(4) when safety might otherwise be com- SEC. 215. JUDICIAL REVIEW. of the National Response Team for Oil and promised, authorize properly qualified per- (a) Chapter 51 is amended by redesignating Hazardous Substances and, for radioactive sonnel to conduct the examination, sam- section 5127 as section 5128, and by inserting material, the Federal Radiological Prepared- pling, or analysis of a material. after section 5126 the following new section: ness Coordinating Committee.’’; and ‘‘(e) EMERGENCY ORDERS.— § 5127. Judicial review (3) by adding at the end thereof the follow- ‘‘(1) If, through testing, inspection, inves- ‘‘(a) FILING AND VENUE.—Except as pro- ing: tigation, or research carried out under this vided in section 20114(c) of this title, a person ‘‘(l) SMALL BUSINESSES.—The Secretary chapter, the Secretary decides that an un- disclosing a substantial interest in a final may authorize a State or Indian tribe receiv- safe condition or practice, or a combination order issued, under the authority of section ing a grant under this section to use up to 25 of them, causes an emergency situation in- 5122 or 5123 of this title, by the Secretary of percent of the amount of the grant to assist volving a hazard of death, personal injury, or Transportation, the Administrators of the small businesses in complying with regula- significant harm to the environment, the Research and Special Programs Administra- tions issued under this chapter.’’. Secretary may immediately issue or impose tion, the Federal Aviation Administration, SEC. 210 SPECIAL PERMITS AND EXCLUSIONS. restrictions, prohibitions, recalls, or out-of- or the Federal Highway Administration, or (a) Section 5117 is amended by— service orders, without notice or the oppor- the Commandant of the United States Coast (1) by striking the section caption and in- tunity for a hearing, that may be necessary Guard (‘modal Administrator’), with respect serting the following: to abate the situation. to the duties and powers designated to be ‘‘§ 5117. Special permits and exclusions’’; ‘‘(2) The Secretary’s action under this sub- carried out by the Secretary under this chap- section must be in a written order describing (2) by striking ‘‘exemption’’ each place it ter, may apply for review in the United the condition or practice, or combination of appears and inserting ‘‘special permit’’; States Court of Appeals for the District of them, that causes the emergency situation; (3) by inserting ‘‘authorizing variances’’ Columbia or in the court of appeals for the stating the restrictions, prohibitions, re- after ‘‘special permit’’ the first place it ap- United States for the circuit in which the calls, or out-of-service orders being issued or pears; and person resides or has its principal place of imposed; and prescribing standards and pro- (4) by striking ‘‘2’’ and inserting ‘‘4’’ in business. The petition must be filed not more cedures for obtaining relief from the order. subsection (a)(2). than 60 days after the order is issued. The ‘‘(3) After taking action under this sub- (b) The chapter analysis for chapter 51 is court may allow the petition to be filed after section, the Secretary shall provide an op- amended by striking the item related to sec- the 60th day only if there are reasonable portunity for review of that action under tion 5117 and inserting the following: grounds for not filing by the 60th day. section 554 of title 5. ‘‘(b) JUDICIAL PROCEDURES.—When a peti- ‘‘5117. Special permits and exclusions’’. ‘‘(4) If a petition for review is filed and the tion is filed under subsection (a) of this sec- SEC. 211. COOPERATIVE AGREEMENTS. review is not completed by the end of the 30- tion, the clerk of the court immediately Section 5121, as amended by section 211(a), day period beginning on the date the petition shall send a copy of the petition to the Sec- is further amended by adding at the end was filed, the action will cease to be effec- retary or the modal Administrator, as appro- thereof the following: tive at the end of that period unless the Sec- priate. The Secretary or the modal Adminis- ‘‘(c) AUTHORITY FOR COOPERATIVE AGREE- retary determines in writing that the emer- trator shall file with the court a record of MENTS.—To carry out this chapter, the Sec- gency situation still exists.’’. any proceeding in which the order was is- retary may enter into grants, cooperative SEC. 213. PENALTIES. sued, as provided in section 2112 of title 28. agreements, and other transactions with a (a) Section 5123(a)(1) is amended by strik- ‘‘(c) AUTHORITY OF COURT.—When the peti- person, agency or instrumentality of the ing the first sentence and inserting the fol- tion is sent to the Secretary or the modal United States, a unit of State or local gov- lowing: ‘‘A person that knowingly violates Administrator, the court has exclusive juris- ernment, an Indian tribe, a foreign govern- this chapter or a regulation, order, special diction to affirm, amend, modify, or set ment (in coordination with the State Depart- permit, or approval issued under this chapter aside any part of the order and may order ment), an educational institution, or other is liable to the United States Government the Secretary or the modal Administrator to entity to further the objectives of this chap- for a civil penalty of at least $250 but not conduct further proceedings. After reason- ter. The objectives of this chapter include more than $27,500 for each violation.’’. able notice to the Secretary or the modal September 29, 1997 CONGRESSIONAL RECORD — SENATE S10161

Administrator, the court may grant interim ‘‘(a) GENERAL.—Not more than $15,492,000 cerning the transportation aspects of food relief by staying the order or taking other may be appropriated to the Secretary of safety; and appropriate action when good cause for its Transportation for fiscal year 1998, and such (5) therefore, amendment of chapter 57 of action exists. Findings of fact by the Sec- sums as may be necessary for fiscal years title 49, United States Code, and the transfer retary or the modal Administrator, if sup- 1999, 2000, 2001, 2002, and 2003, to carry out of certain authorities to the Secretary of ported by substantial evidence, are conclu- this chapter (except sections 5107(e), Health and Human Services, is appropriate. sive. 5108(g)(2), 5113, 5115, 5116, and 5119).’’; SEC. 303. RESPONSIBILITIES OF THE SECRETARY ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.— (2) by striking subsections (c) and (d) and OF HEALTH AND HUMAN SERVICES. In reviewing a final order under this section, inserting the following: (a) UNSANITARY TRANSPORT DEEMED ADUL- the court may consider an objection to a ‘‘(c) TRAINING CURRICULUM,—Not more TERATION.—Section 402 of the Federal Food, final order of the Secretary or the modal Ad- than $200,000 is available to the Secretary of Drug, and Cosmetic Act (21 U.S.C. 342) is ministrator only if the objection was made Transportation from the account established amended by adding at the end the following: in the course of a proceeding or review con- under section 5116(i) of this title for each of ‘‘(h) If it is transported under conditions ducted by the Secretary, the modal Adminis- the fiscal years ending September 30, 1999– that are not in compliance with the sanitary trator, or an administrative law judge, or if 2003, to carry out section 5115 of this title. transportation practices prescribed by the there was a reasonable ground for not mak- ‘‘(d) PLANNING AND TRAINING.— Secretary under section 414.’’. (1) Not more than $2,444,000 is available to ing the objection in the proceeding. (b) SANITARY TRANSPORTATION REQUIRE- the Secretary of Transportation from the ac- ‘‘(e) SUPREME COURT REVIEW.—A decision MENTS.—Chapter IV of the Federal Food, count established under section 5116(i) of this by a court under this section may be re- Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) title for the fiscal year ending September 30, viewed only by the Supreme Court under sec- is amended by adding at the end the follow- 1998, and such sums as may be necessary for tion 1254 of title 28, United States Code.’’. ing: fiscal years 1999–2003, to carry out section (b) The chapter analysis for chapter 51 is ‘‘SEC. 414. SANITARY TRANSPORTATION OF FOOD. amended by striking the item related to sec- 5116(a) of this title. ‘‘(2) Not more than $3,666,000 is available to ‘‘(a) SANITARY TRANSPORTATION PRAC- tion 5127 and inserting the following: the Secretary of Transportation from the ac- TICES.—The Secretary shall establish by reg- ‘‘5127. Judicial review.’’. count established under section 5116(i) of this ulation sanitary transportation practices ‘‘5128. Authorization of appropriations.’’. title for the fiscal year ending September 30, which shippers, carriers, receivers, and other SEC. 216. HAZARDOUS MATERIAL TRANSPOR- 1998, and such sums as may be necessary for persons engaged in the transportation of TATION REAUTHORIZATION. fiscal years 1999–2003, to carry out section food shall be required to follow to ensure (a) IN GENERAL.—Chapter 51, as amended 5116(b) of this title. that the food is not transported under condi- by section 216 of this Act, is amended by re- ‘‘(3) Not more than $600,000 is available to tions that may render it adulterated, includ- designating section 5128 as section 5129 and the Secretary of Transportation from the ac- ing such practices as the Secretary may find by inserting after section 5127 the following: count established under section 5116(i) of this appropriate relating to— § 5128. High risk hazardous material; motor title for the fiscal year ending September 30, ‘‘(1) sanitation; carrier safety study 1998, and such sums as may be necessary for ‘‘(2) packaging, isolation, and other protective measures; ‘‘(a) STUDY.—The Secretary of Transpor- fiscal years 1999–2003, to carry out section ‘‘(3) limitations on the use of vehicles; tation shall conduct a study— 5116(f) of this title.’’; and (3) striking subsection (e) and inserting the ‘‘(4) information to be disclosed— ‘‘(1) to determine the safety benefits and following: ‘‘(A) to a carrier by a person arranging for administrative efficiency of implementing a ‘‘(e) UNIFORM FORMS AND PROCEDURES.— the transport of food, and Federal permit program for high risk hazard- Not more than $250,000 may be appropriated ‘‘(B) to a manufacturer or other persons ar- ous material carriers; to the Secretary of Transportation for each ranging for the transport of food by a carrier ‘‘(2) to identify and evaluate alternative of fiscal years 1998, 1999, and 2000 for making or other person furnishing a tank or bulk ve- regulatory methods and procedures that may grants under section 5119(c).’’. hicle for the transport of food; and improve the safety of high risk hazardous ‘‘(5) recordkeeping. material carriers and shippers; TITLE III—SANITARY FOOD ‘‘(b) LIST OF UNACCEPTABLE NONFOOD PROD- ‘‘(3) to examine the safety benefits of in- TRANSPORTATION UCT.—The Secretary, by publication in the creased monitoring of high risk hazardous SEC. 301. SHORT TITLE. Federal Register, may establish and periodi- material carriers, and the costs, benefits, This title may be cited as the ‘‘Sanitary cally amend— and procedures of existing State permit pro- Food Transportation Act of 1997’’. ‘‘(1) a list of nonfood products that the grams; SEC. 302. FINDINGS. Secretary determines may, if shipped in a ‘‘(4) to make such recommendations as Congress finds that— tank or bulk vehicle, render adulterated food may be appropriate for the improvement of (1) the Department of Transportation, the transported subsequently in such vehicle; uniformity among existing State permit pro- Department of Agriculture, and the Food and grams; and and Drug Administration in the Department ‘‘(2) a list of nonfood products that the ‘‘(5) to assess the potential of advanced of Health and Human Services have con- Secretary determines may, if shipped in a technologies for improving the assessment of sulted about how best to ensure that food is motor or rail vehicle (other than a tank or high risk hazardous material carriers’ com- not adulterated as a result of the conditions bulk vehicle), render adulterated food trans- pliance with motor carrier safety regula- under which it is transported. As a result of ported simultaneously or subsequently in tions. these consultations, the agencies have con- such vehicle. ‘‘(b) TIMEFRAME.—The Secretary shall firmed that steps to ensure the safety of food ‘‘(c) WAIVER AUTHORITY.— begin the study required by subsection (a) are more efficient if taken by the agencies ‘‘(1) IN GENERAL.—The Secretary may within 6 months after the date of enactment directly charged with the responsibility for waive all or part of this section, or any re- of the Surface Transportation Safety Act of food safety; quirement under this section, with respect to 1997 and complete it within 30 months. (2) the Secretary of Agriculture has ample any class of persons, of vehicles, of food, or ‘‘(c) REPORT.—The Secretary shall report authority under the Federal Meat Inspection of nonfood products, if the Secretary deter- the findings of the study required by sub- Act (21 U.S.C. 601 et seq.), the Poultry Prod- mines that such waiver— section (a), together with such recommenda- ucts Inspection Act (21 U.S.C. 451 et seq.), ‘‘(A) will not result in the transportation tions as may be appropriate, within 36 and the Egg Products Inspection Act (21 of food under conditions that would be un- months after the date of enactment of that U.S.C. 1031 et seq.), to inspect and regulate safe for human or animal health; and Act.’’. continuously the transportation of meat, ‘‘(B) will not be contrary to the public in- (b) SECTION 5109 REGULATIONS TO REFLECT poultry, and eggs in commerce for use in terest or this Act. STUDY FINDINGS.—Section 5109(h) is amended human food, has exercised the statutory au- ‘‘(2) PUBLICATION.—The Secretary shall by striking ‘‘not later than November 16, thority in a diligent manner so as to prevent publish in the Federal Register any waiver 1991.’’ and inserting ‘‘based upon the findings the transportation of unwholesome or adul- and the reasons for the waiver. of the study required by section 5128(a).’’. terated meat, poultry, and egg products in ‘‘(d) PREEMPTION.— (c) CONFORMING AMENDMENT.—The chapter commerce, and does not need additional en- ‘‘(1) IN GENERAL.—No State or political analysis for chapter 51, as amended by sec- forcement authority to regulate the trans- subdivision of a State may directly or indi- tion 216, is amended by striking the item re- portation of meat, poultry, and egg products rectly establish or continue in effect, as to lating to section 5128 and inserting the fol- in commerce; any food in interstate commerce, any au- lowing: (3) certain statutory changes are necessary to provide the Secretary of Health and thority or requirement concerning that ‘‘5128. High risk hazardous material; motor Human Services with the authority nec- transportation of food that is not identical carrier safety study essary to ensure that food, other than that to the requirement of this section. ‘‘5129. Authorization of appropriations’’. regulated by the Secretary of Agriculture, ‘‘(2) EFFECTIVE DATE.—The provisions of SEC. 217. AUTHORIZATION OF APPROPRIATIONS. will not be rendered adulterated in transpor- this subsection apply only with respect to Section 5129, as redesignated, is amended— tation; transportation occurring on or after the ef- (1) by striking subsection (a) and inserting (4) the appropriate role for the Secretary of fective date of regulations prescribed under the following: Transportation is to provide assistance con- subsection (a). S10162 CONGRESSIONAL RECORD — SENATE September 29, 1997

‘‘(e) ASSISTANCE OF OTHER AGENCIES.—The ‘‘(1) The Secretary of Transportation, in motor unit, or freight or passenger car used, Secretary of Transportation, the Secretary consultation with the Secretaries of Health operated, or employed by a railroad carrier; of Agriculture, the Administrator of the En- and Human Services and Agriculture, shall ‘‘(4) removes appurtenances from, dam- vironmental Protection Agency, and the establish procedures to be used in performing ages, or otherwise impairs the operation of heads of other Federal agencies, as appro- transportation safety inspections for the any railroad signal system, including a train priate, shall provide assistance upon request, purpose of identifying suspected incidents of control system, centralized dispatching sys- to the extent resources are available, to the contamination or adulteration of food that tem, or highway-railroad grade crossing Secretary of Health and Human Services for may violate regulations issued under section warning signal on a railroad line used, oper- the purposes of carrying out this section. 414 of the Federal Food, Drug, and Cosmetic ated, or employed by a railroad carrier; ‘‘(f) DEFINITIONS.—For purposes of this sec- Act and shall train personnel of the Depart- ‘‘(5) interferes with, disables or incapaci- tion— ment of Transportation in the appropriate tates any locomotive engineer, conductor, or ‘‘(1) The term ‘transportation’ means any use of such procedures. other person while they are operating or movement of property in commerce by ‘‘(2) The procedures established under para- maintaining a train, locomotive, motor unit, motor vehicle or rail vehicle. graph (1) of this subsection shall apply, at a or freight or passenger car used, operated, or ‘‘(2) The term ‘tank or bulk vehicle’ in- minimum, to the Department of Transpor- employed by a railroad carrier, with intent cludes any vehicle in which food is shipped in tation personnel who perform commercial to endanger the safety of any passenger or bulk and in which the food comes directly motor vehicle and railroad safety inspec- employee of the carrier, or with a reckless into contact with the vehicle, including tank tions. disregard for the safety of human life; trucks, hopper trucks, rail tank cars, hopper ‘‘(b) NOTIFICATION OF SECRETARIES OF ‘‘(6) commits an act intended to cause cars, cargo tanks, portable tanks, freight HEALTH AND HUMAN SERVICES AND AGRI- death or serious bodily injury to an em- containers, or hopper bins.’’. CULTURE.—The Secretary of Transportation ployee or passenger of a railroad carrier ‘‘(c) INSPECTION OF TRANSPORTATION shall promptly notify the Secretary of while on the property of the carrier; RECORDS.— Health and Human Services or the Secretary ‘‘(7) causes the release of a hazardous ma- ‘‘(1) AMENDMENT OF CHAPTER VII.—Chapter of Agriculture, as applicable, of any in- terial being transported by a rail freight car, VII of the Federal Food, Drug, and Cosmetic stances of potential food contamination or with the intent to endanger the safety of any Act (21 U.S.C. 371 et seq.) is amended by in- adulteration of a food identified during person, or with a reckless disregard for the serting after section 703 the following new transportation safety inspections. safety of human life; section: ‘‘(c) USE OF STATE EMPLOYEES.—The Sec- ‘‘(8) conveys or causes to be conveyed false ‘‘SEC. 703A. FOOD TRANSPORTATION RECORDS. retary of Transportation may carry out noti- information, knowing the information to be ‘‘Shippers, carriers by motor vehicle or rail fication under subsection (b) by transmittal false, concerning an attempt or alleged at- vehicle, and other persons subject to section of reports of inspections conducted in ac- tempt being made or to be made, to do any 414 shall, upon request of an officer or em- cordance with such procedures by State em- act which would be a crime prohibited by ployee duly designated by the Secretary, per- ployees using funds authorized to be appro- this subsection; or mit such officer or employee, at reasonable priated under sections 31102 through 31104 of ‘‘(9) attempts, threatens, or conspires to do times, to have access to and to copy all this title.’’. any of the aforesaid acts, shall be fined records that the Secretary requires them to SEC. 305. EFFECTIVE DATE. under this title or imprisoned not more than make or retain under section 414(a)(5) of this Unless otherwise specified, the provisions twenty years, or both, if such act is commit- Act.’’. of this title take effect on October 1, 1997. ted, or in the case of a threat or conspiracy ‘‘(2) CONFORMING AMENDMENT.—The second such act would be committed, within the proviso of section 703 of the Act (21 U.S.C. TITLE IV—RAIL AND MASS United States on, against, or affecting a rail- 373) is amended by inserting ‘‘, unless other- TRANSPORTATION ANTI-TERRORISM road carrier engaged in or affecting inter- wise explicitly provided,’’ after ‘‘That’’. SEC. 401. SHORT TITLE. state or foreign commerce, or if in the course (d) PROHIBITED ACTS.—1 This title may be cited as the ‘‘Transpor- of committing such acts, that person travels (1) AMENDMENT OF SECTION 301(C).—Section tation Anti-Terrorism Act of 1997’’. or communicates across a State line in order 301(c) of the Federal Food, Drug, and Cos- SEC. 402. PURPOSE. to commit such acts, or transports materials metic Act (21 U.S.C. 331(e)) is amended by— across a State line in aid of the commission (A) by striking ‘‘or 703’’ and inserting ‘‘, The purpose of this title is to protect the passengers and employees of railroad car- of such acts; Provided however, that whoever 703, or 703A’’; and is convicted of any crime prohibited by this (B) by inserting ‘‘414,’’ before ‘‘505(i)’’. riers and mass transportation systems and subsection shall be: (2) UNSAFE FOOD TRANSPORTATION.—Section the movement of freight by railroad from ‘‘(A) imprisoned for not less than thirty 301 of the Act (21 U.S.C. 331) is further terrorist attacks. years or for life if the railroad train involved amended by— SEC. 403. AMENDMENTS TO THE ‘‘WRECKING (A) by redesignating subsection (u) as sub- TRAINS’’ STATUTE. carried high-level radioactive waste or spent section (v); and (a) Section 1992 of title 18, United States nuclear fuel at the time of the offense; (B) by adding at the end the following new Code, is amended to read as follows: ‘‘(B) imprisoned for life if the railroad train involved was carrying passengers at subsection: ‘‘§ 1992. Terrorist attacks against railroads ‘‘(w) The failure, by a shipper, carrier, re- the time of the offense; and ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- ceiver, or any other person engaged in the ‘‘(C) imprisoned for life or sentenced to fully— transportation of food, to comply with the death if the offense has resulted in the death ‘‘(1) wrecks, derails, set fire to, or disables sanitary transportation practices prescribed of any person. any train, locomotive, motor unit, or freight by the Secretary under section 414.’’. ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS or passenger car used, operated, or employed AND DANGEROUS WEAPONS.— SEC. 304. DEPARTMENT OF TRANSPORTATION by a railroad carrier; ‘‘(1) Except as provided in paragraph (4), REQUIREMENTS. Chapter 57 relating to sanitary food trans- ‘‘(2) brings, carries, possesses, places or whoever knowingly possesses or causes to be portation, is amended to read as follows: causes to be placed any destructive sub- present any firearm or other dangerous stance, or destructive device in, upon, or weapon on board a passenger train of a rail- ‘‘CHAPTER 57—SANITARY FOOD near any train, locomotive, motor unit, or road carrier, or attempts to do so, shall be TRANSPORTATION freight or passenger car used, operated, or fined under this title or imprisoned not more ‘‘Sec. employed by a railroad carrier, without pre- than one year, or both, if such act is com- ‘‘5701. Findings. viously obtaining the permission of the car- mitted on a railroad carrier that is engaged ‘‘5702. Food transportation safety inspec- rier, and with intent to endanger the safety in or affecting interstate or foreign com- tions. of any passenger or employee of the carrier, merce, of if in the course of committing such ‘‘§ 5701. Findings or with a reckless disregard for the safety of act, that person travels or communicates ‘‘Congress finds that— human life; across a State line in order to commit such ‘‘(1) the United States public is entitled to ‘‘(3) sets fire to, or places any destructive act, or transports materials across a State receive food and other consumer products substance, or destructive device in, upon or line in aid of the commission of such act. that are not made unsafe because of certain near, or undermines any tunnel, bridge, via- ‘‘(2) Whoever, with intent that a firearm or transportation practices; duct, trestle, track, signal, station, depot, other dangerous weapon be used in the com- ‘‘(2) The United States public is threatened warehouse, terminal, or any other way, mission of a crime, knowingly possesses or by the transportation of products potentially structure, property, or appurtenance used in causes to be present such firearm or dan- harmful to consumers in motor vehicles and the operation of, or in support of the oper- gerous weapon on board a passenger train or rail vehicles that are used to transport food ation of, a railroad carrier, or otherwise in a passenger terminal facility of a railroad and other consumer products; and makes any such tunnel, bridge, viaduct, tres- carrier, or attempts to do so, shall be fined ‘‘(3) the risks to consumers by those trans- tle, track, station, depot, warehouse, termi- under this title or imprisoned not more than portation practices are unnecessary and nal, or any other way, structure, property, or 5 years, or both, if such act is committed on those practices must be ended. appurtenance unworkable or unusable or a railroad carrier that is engaged in or af- ‘‘§ 5702. Food transportation safety inspec- hazardous to work or use, knowing or having fecting interstate or foreign commerce, or if tions reason to know such activity would likely in the course of committing such act, that ‘‘(a) INSPECTION PROCEDURES.— derail, disable, or wreck a train, locomotive, person travels or communicates across a September 29, 1997 CONGRESSIONAL RECORD — SENATE S10163 State line in order to commit such act, or ‘‘(8) ‘railroad carrier’ has the meaning cle or vessel was carrying a passenger at the transports materials across a State line in given to that term in section 20102(2) of title time of the offense, and imprisonment for aid of the commission of such act. 49, United States Code; life or sentenced to death if the offense has ‘‘(3) A person who kills or attempts to kill ‘‘(9) ‘serious bodily injury’ has the meaning resulted in the death of any person. a person in the course of a violation of para- given to that term in section 1365 of this ‘‘(b) PROHIBITION ON THE USE OF FIREARMS graphs (1) or (2), or in the course of an attack title; AND DANGEROUS WEAPONS.— on a passenger train or a passenger terminal ‘‘(10) ‘spent nuclear fuel’ has the meaning ‘‘(1) Except as provided in paragraph (4), facility of a railroad carrier involving the given to that term in section 10101(23) of title whoever knowingly possesses or causes to be use of a firearm or other dangerous weapon, 42, United States Code; and present any firearm or other dangerous shall be punished as provided in sections ‘‘(11) ‘State’ has the meaning given to that weapon on board a mass transportation vehi- 1111, 1112, and 1113 of this title. term in section 2266 of this title.’’. cle or vessel, or attempts to do so, shall be ‘‘(4) Paragraph (1) shall not apply to: (b) In the analysis of chapter 97 of title 18, fined under this title or imprisoned not more ‘‘(A) the possession of a firearm or other United States Code, item ‘‘1992’’ is amended than one year, or both, if such act is com- dangerous weapon by an officer, agent, or to read: mitted on a mass transportation provider en- employee of the United States, a State, or a ‘‘1992. Terrorist attacks against railroads’’. gaged in or affecting interstate or foreign political subdivision thereof, while engaged SEC. 404. TERRORIST ATTACKS AGAINST MASS commerce, or if in the course of committing in the lawful performance of official duties, TRANSPORTATION. such act, that person travels or commu- who is authorized by law to engage in the (a) Chapter 97 of title 18, United States nicates across a State line in order to com- transportation of people accused or con- Code, is amended by adding at the end there- mit such act, or transports materials across victed of crimes, or supervise the prevention, of the following new section: a State line in aid of the commission of such detection, investigation, or prosecution of ‘‘§ 1994. Terrorist attacks against mass trans- act. any violation of law; ‘‘(2) Whoever, with intent that a firearm or portation ‘‘(B) the possession of a firearm or other other dangerous weapon be used in the com- dangerous weapon by an officer, agent, or ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- mission of a crime, knowingly possesses or employee of the United States, a State, or a fully— causes to be present such firearm or dan- political subdivision thereof, while off duty, ‘‘(1) wrecks, derails, sets fire to, or disables gerous weapon on board a mass transpor- if such possession is authorized by law; a mass transportation vehicle or vessel; tation vehicle or vessel, or in a mass trans- ‘‘(C) the possession of a firearm or other ‘‘(2) places or causes to be placed any de- portation passenger terminal facility, or at- dangerous weapon by a Federal official or a structive substance in, upon or near a mass tempts to do so, shall be fined under this member of the Armed Forces is such posses- transportation vehicle or vessel, without title, or imprisoned not more than 5 years, sion is authorized by law; or previously obtaining the permission of the ‘‘(D) an individual transporting a firearm or both, if such act is committed on a mass mass transportation provider, and with in- transportation provider engaged in or affect- on board a railroad passenger train (except a tent to endanger the safety of any passenger loaded firearm) in baggage not accessible to ing interstate or foreign commerce, or if in or employee of the mass transportation pro- the course of committing such act, that per- any passenger on board the train, if the rail- vider, or with a reckless disregard for the road carrier was informed of the presence of son travels or communicates across a State safety of human life; line in order to commit such act, or trans- the weapon prior to the firearm being placed ‘‘(3) sets fire to, or places any destructive ports materials across a State line in aid of on board the train. substance in, upon, or near any garage, ter- ‘‘(c) PROHIBITION AGAINST PROPELLING OB- the commission of such act. minal, structure, supply, or facility used in ‘‘(3) A person who kills or attempts to kill JECTS.—Whoever willfully or recklessly the operation of, or in support of the oper- throws, shoots, or propels a rock, stone, a person in the course of a violation of para- ation of, a mass transportation vehicle, graphs (1) or (2), or in the course of an attack brick, or piece of iron, steel, or other metal knowing or having reason to know such ac- or any deadly or dangerous object or destruc- on a mass transportation vehicle or vessel, tivity would likely derail, disable, or wreck or a mass transportation passenger terminal tive substance at any locomotive or car of a a mass transportation vehicle used, oper- train, knowing or having reason to know facility involving the use of a firearm or ated, or employed by a mass transportation other dangerous weapon, shall be punished as such activity would likely cause personal in- provider; jury, shall be fined under this title or impris- provided in sections 1111, 1112, and 1113 of ‘‘(4) removes appurtenances from, dam- this title. oned for not more than 5 years, or both, if ages, or otherwise impairs the operation of a such act is committed on or against a rail- ‘‘(4) Paragraph (1) shall not apply to: mass transportation signal system, including ‘‘(A) the possession of a firearm or other road carrier engaged in or affecting inter- a train control system, centralized dispatch- dangerous weapon by an officer, agent, or state or foreign commerce, or if in the course ing system, or rail grade cross warning sig- employee of the United States, a State, or a of committing such act, that person travels nal; political subdivision thereof, while engaged or communicates across a State line in order ‘‘(5) interferes with, disables or incapaci- in the lawful performance of official duties, to commit such act, or transports materials tates any driver or person while they are em- who is authorized by law to engage in the across a State line in aid of the commission ployed in operating or maintaining a mass transportation of people accused or con- of such act. Whoever is convicted of any transportation vehicle or vessel, with intent victed of crimes, or supervise the prevention, crime prohibited by this subsection shall to endanger the safety of any passenger or detection, investigation, or prosecution of also be subject to imprisonment for not more employee of the mass transportation pro- any violation of law; than twenty years if the offense has resulted vider, or with a reckless disregard for the ‘‘(B) the possession of a firearm or other in the death of any person. safety of human life; dangerous weapon by an officer, agent, or ‘‘(d) DEFINITIONS.—In this section— ‘‘(6) commits an act intended to cause employee of the United States, a State, or a ‘‘(1) ‘dangerous device’ has the meaning death or serious bodily injury to an em- given to that term in section 921(a)(4) of this political subdivision thereof, while off duty, ployee or passenger of a mass transportation if such possession is authorized by law; title; provider on the property of a mass transpor- ‘‘(2) ‘dangerous weapon’’ has the meaning ‘‘(C) the possession of a firearm or other tation provider; given to that term in section 930 of this title; dangerous weapon by a Federal official or a ‘‘(3) ‘destructive substance’’ has the mean- ‘‘(7) conveys or causes to be conveyed false member of the Armed Forces if such posses- ing given to that term in section 31 of this information, knowing the information to be sion is authorized by law; or title, except that (A) the term ‘radioactive false, concerning an attempt or alleged at- ‘‘(D) an individual transporting a firearm device’ does not include any radioactive de- tempt being made or to be made, to do any on board a mass transportation vehicle or vice or material used solely for medical, in- act which would be a crime prohibited by vessel (except a loaded firearm) in baggage dustrial, research, or other peaceful pur- this subsection; or not accessible to any passenger on board the poses, and (B) ‘destructive substance’ in- ‘‘(8) attempts, threatens, or conspires to do vehicle or vessel, if the mass transportation cludes any radioactive device or material any of the aforesaid acts—shall be fined provider was informed of the presence of the that can be used to cause a harm listed in under this title or imprisoned not more than weapon prior to the firearm being placed on subsection (a) and that is not in use solely twenty years, or both, if such act is commit- board the vehicle or vessel. for medical, industrial, research, or other ted, or in the case of a threat or conspiracy ‘‘(c) PROHIBITION AGAINST PROPELLING OB- peaceful purposes; such act would be committed, within the JECTS.—Whoever willfully or recklessly ‘‘(4) ‘firearm’ has the meaning given to United States on, against, or affecting a throws, shoots, or propels a rock, stone, that term in section 921 of this title; mass transportation provider engaged in or brick, or piece of iron, steel, or other metal ‘‘(5) ‘hazardous material’ has the meaning affecting interstate or foreign commerce, or or any deadly or dangerous object or destruc- given to that term in section 5102(2) of title if in the course of committing such act, that tive substance at any mass transportation 49, United States Code; person travels or communicates across a vehicle or vessel, knowing or having reason ‘‘(6) ‘high-level radioactive waste’ has the State line in order to commit such act, or to know such activity would likely cause meaning given to that term in section transports materials across a State line in personal injury, shall be fined under this 10101(12) of title 42, United States Code; aid of the commission of such act. Whoever title or imprisoned for not more than 5 ‘‘(7) ‘railroad’ has the meaning given to is convicted of a crime prohibited by this years, or both, if such act is committed on or that term in section 20102(1) of title 49, Unit- section shall also be subject to imprison- against a mass transportation provider ened States Code; ment for life if the mass transportation vehi- gaged in or substantially affecting interstate S10164 CONGRESSIONAL RECORD — SENATE September 29, 1997 or foreign commerce, or if in the course of and incidents resulting in injury or death to (5) by striking subparagraph (O), as redes- committing such acts, that person travels or an individual or damage to equipment or a ignated; communicates across a State line in order to roadbed arising from the carrier’s operations (6) by striking ‘‘activities—’’ in subpara- commit such acts, or transports materials during that period. The report shall state the graph (P), as redesignated, and inserting ‘‘ac- across a State line in aid of the commission nature, cause, and circumstances of each re- tivities in support of national priorities and of such acts. Whoever is convicted of any ported accident or incident. If a railroad car- performance goals including—’’; crime prohibited by this subsection shall rier assigns human error as a cause, the re- (7) by striking ‘‘to remove’’ in clause (i) of also be subject to imprisonment for not more port shall include, at the option of each em- subparagraph (P), as redesignated, and in- than twenty years if the offense has resulted ployee whose error is alleged, a statement by serting ‘‘activities aimed at removing’’; in the death of any person. the employee explaining any factors the em- (8) by striking ‘‘to provide’’ in clause (ii) of ‘‘(d) DEFINITIONS.—In this section— ployee alleges contributed to the accident or subparagraph (P), as redesignated, and in- ‘‘(1) ‘dangerous device’ has the meaning incident.’’. serting ‘‘activities aimed at providing’’; given to that term in section 921(a)(4) of this SEC. 503. VEHICLE WEIGHT LIMITATIONS—MASS (9) by inserting ‘‘and’’ after the semicolon title; TRANSPORTATION BUSES. in clause (ii) of subparagraph (P), as redesig- ‘‘(2) ‘dangerous weapon’ has the meaning Section 1023(h)(1) of the Intermodal Sur- nated; given to that term in section 930 of this title; face Transportation Efficiency Act of 1991, as (10) by striking clauses (iii) and (iv) of sub- ‘‘(3) ‘destructive substance’ has the mean- amended (23 U.S.C. 127 note), is amended by paragraph (P), as redesignated; ing given to that term in section 31 of this striking ‘‘the date on which’’ and all that (11) by inserting after clause (ii) of subtitle, except that (A) the term ‘radioactive follows through ‘‘1995’’ and inserting ‘‘Janu- paragraph (P), as redesignated, the follow- device’ does not include any radioactive de- ary 1, 2003’’. ing: ‘‘(iii) interdiction activities affecting the vice or material used solely for medical, in- TITLE VI—MOTOR CARRIER SAFETY dustrial, research, or other peaceful pur- transportation of controlled substances by SUBTITLE A—STATE GRANTS AND OTHER poses, and (B) ‘destructive substance’ in- commercial motor vehicle drivers and train- COMMERCIAL VEHICLE PROGRAMS cludes any radioactive device or material ing on appropriate strategies for carrying that can be used to cause a harm listed in SEC. 601. STATEMENT OF PURPOSE. out those interdiction activities.’’; and subsection (a) and that is not in use solely Chapter 311 is amended— (12) by striking subparagraph (Q), as redes- for medical, industrial, research, or other (1) by inserting before section 31101 the fol- ignated, and redesignating subparagraph (R), peaceful purposes; lowing: as redesignated, as subparagraph (Q). ‘‘(4) ‘firearm’ has the meaning given to ‘‘§ 31100. Purpose SEC. 603. FEDERAL SHARE. that term in section 921 of this title; ‘‘The purposes of this subchapter are— Section 31103 is amended— ‘‘(5) ‘mass transportation’ has the meaning ‘‘(1) to improve commercial motor vehicle (1) by inserting before ‘‘The Secretary of given to that term in section 5302(a)(7) of and driver safety; Transportation’’ the following: title 49, United States Code, except that the ‘‘(2) to facilitate efforts by the Secretary, ‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY term shall include schoolbus, charter, and States, and other political jurisdictions, PROGRAMS AND ENFORCEMENT.—’’ sightseeing transportation; working in partnership, to focus their re- (2) by inserting ‘‘improve commercial ‘‘(6) ‘serious bodily injury’ has the meaning sources on strategic safety investments; motor vehicle safety and’’ in the first sen- given to that term in section 1365 of this ‘‘(3) to increase administrative flexibility; tence before ‘‘enforce’’; and title; and ‘‘(4) to strengthen enforcement activities; (3) by adding at the end the following: ‘‘(7) ‘State’ has the meaning given to that ‘‘(5) to invest in activities related to areas ‘‘(b) OTHER ACTIVITIES.—The Secretary term in section 2266 of this title.’’. of the greatest crash reduction; may reimburse State agencies, local govern- (b) The analysis of chapter 97 of title 18, ‘‘(6) to identify high risk carriers and driv- ments, or other persons up to 100 percent for United States Code, is amended by adding at ers; and those activities identified in 31104(f)(2).’’. the end thereof: ‘‘(7) to improve information and analysis SEC. 604. AVAILABILITY OF AMOUNTS. ‘‘1994. Terrorist attacks against mass trans- systems.’’; and (a) IN GENERAL.—Section 31104(a) is amend- portation.’’. (2) by inserting before the item relating to ed to read as follows: section 31101 in the chapter analysis for ‘‘(a) GENERAL.—Subject to section SEC. 405. INVESTIGATIVE JURISDICTION. chapter 311 the following: 9503(c)(1) of the Internal Revenue Code of The Federal Bureau of Investigation shall 1986 (26 U.S.C. 9503(c)(1)), there are available lead the investigation of all offenses under ‘‘§ 31100. Purposes’’. from the Highway Trust Fund (except the sections 1192 and 1994 of title 18, United SEC. 602. GRANTS TO STATES. Mass Transit Account) for the Secretary of States Code. The Federal Bureau of Inves- (a) PERFORMANCE-BASED GRANTS.—Section Transportation to incur obligations to carry tigation shall cooperate with the National 31102 is amended— out section 31102 of this title, not more than Transportation Safety Board and with the (1) by inserting ‘‘improving motor carrier $83,000,000 for each of the fiscal years ending Department of Transportation in safety in- safety and’’ in subsection (a) after ‘‘pro- September 30, 1998, 1999, 2000, 2001, 2002, and vestigations by these agencies, and with the grams for’’; and 2003.’’. Treasury Department’s Bureau of Alcohol, (2) by striking ‘‘adopt and assume respon- (b) AVAILABILITY AND REALLOCATION.—Sec- Tobacco and Firearms concerning an inves- sibility for enforcing’’ in the first sentence of tion 31104(b)(2) is amended to read as follows: tigation regarding the possession of firearms paragraph (b)(1) and inserting ‘‘assume responsibility for improving motor carrier ‘‘(2) Amounts made available under section and explosives. 4002(e)(1) and (2) of the Intermodal Surface TITLE V—RAIL AND MASS safety and to adopt and enforce’’. (b) HAZARDOUS MATERIALS.—Section 31102 Transportation Efficiency Act of 1991 before TRANSPORTATION SAFETY is amended— October 1, 1996, that are not obligated on Oc- SEC. 501. SAFETY CONSIDERATIONS IN GRANTS (1) by inserting a comma and ‘‘hazardous tober 1, 1997, are available for obligation OR LOANS TO COMMUTER RAIL- materials transportation safety,’’ after under paragraph (1) of this subsection.’’. ROADS. ‘‘commercial motor vehicle safety’’ in sub- (c) ALLOCATION CRITERIA.—Section 31104(f) Section 5329 is amended by adding at the section (a); and is amended to read as follows: end the following: (2) by inserting a comma and ‘‘hazardous ‘‘(f) ALLOCATION CRITERIA AND ELIGI- ‘‘(c) COMMUTER RAILROAD SAFETY CONSID- materials transportation safety,’’ in the first BILITY.— ERATIONS.—In making a grant or loan under sentence of subsection (b) after ‘‘commercial ‘‘(1) On October 1 of each fiscal year or as this chapter that concerns a railroad subject motor vehicle safety’’. soon after that date as practicable, the Sec- to the Secretary’s railroad safety jurisdic- (c) CONTENTS OF STATE PLANS.—Section retary, after making the deduction described tion under section 20102 of this title, the Fed- 31102(b)(1) is amended— in subsection (e) of this section, shall allo- eral Transit Administrator shall consult (1) by redesignating subparagraphs (A) cate, under criteria the Secretary prescribes with the Federal Railroad Administrator through (Q) as subparagraphs (B) through through regulation, the amounts available concerning relevant safety issues. The Sec- (R), respectively; for that fiscal year among the States with retary may use appropriate authority under (2) by inserting before subparagraph (B), as plans approved under section 31102 of this this chapter, including the authority to pre- redesignated, the following: title. scribe particular terms or covenants under ‘‘(A) implements performance-based activi- ‘‘(2) The Secretary may designate up to 12 section 5334 of this title, to address any safe- ties by fiscal year 2003;’’ percent of such amounts to reimburse States ty issues identified in the project supported (3) by inserting ‘‘(1)’’ in subparagraph (K), for border commercial motor vehicle safety by the loan or grant.’’. as redesignated, after ‘‘(c)’’; and programs and enforcement and other high SEC. 502. RAILROAD ACCIDENT AND INCIDENT (4) by striking subparagraphs (L) and (M), priority activities and projects. These REPORTING. as redesignated, and inserting the following: amounts may be allocated by the Secretary Section 20901(a) is amended to read as fol- ‘‘(L) ensures consistent, effective, and rea- to State agencies and local governments, lows: sonable sanctions; that use trained and qualified officers and ‘‘(a) GENERAL REQUIREMENTS.—On a peri- ‘‘(M) ensures that the State agency will co- employees, and to other persons, in coordina- odic basis as specified by the Secretary of ordinate the plan, data collection, and infor- tion with State motor vehicle safety agen- Transportation, a railroad carrier shall file a mation systems with the State highway safe- cies, for the improvement of commercial report with the Secretary on all accidents ty programs under title 23; motor vehicle safety.’’. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10165

(d) OTHER AMENDMENTS.— ‘‘(iii) to monitor the safety fitness of the SEC. 652. SAFETY REGULATIONS. (1) Section 31104 is amended by striking registrant or motor carrier during the reg- (a) REPEAL OF REVIEW PANEL.—Subchapter subsection (g) and redesignating subsection istration period; and III of chapter 311 is amended— (h) as subsection (g). ‘‘(iv) to require the State, as a condition of (1) by striking sections 31134 and 31140; and (2) Section 31104(j) is amended by striking participation in the system, to implement (2) by striking the items relating to sec- ‘‘tolerance’’ in the first sentence. uniform policies, procedures, and standards, tions 31134 and 31140 in the chapter analysis (3) Section 31104 is amended by striking and to possess or seek authority to impose for that chapter. subsection (i) and redesignating subsection commercial motor vehicle registration sanc- (b) REVIEW PROCEDURE.— (j) as subsection (h). tions on the basis of a Federal safety fitness (1) IN GENERAL.—Section 31141 is amended— SEC. 605. INFORMATION SYSTEMS AND STRATE- determination. (A) by striking subsection (b) and redesig- GIC SAFETY INITIATIVES. ‘‘(D) Of the amounts available for expendi- nating subsections (c), (d), (e), (f), (g), and (h) Section 31106 is amended to read as follows: ture under this section, not more than as subsections (b), (c), (d), (e), (f), and (g), re- ‘‘§ 31106. Information Systems and Strategic $6,000,000 in each of fiscal years 1998, 1999, spectively; Safety Initiatives. 2000, 2001, 2002, and 2003 may be made avail- (B) by striking so much subsection (b), as ‘‘(a) INFORMATION SYSTEMS.— able to carry out paragraph (a)(2) of this sec- redesignated, as precedes paragraph (2) and ‘‘(1) IN GENERAL.—The Secretary is author- tion. The Secretary may authorize the oper- inserting the following: ized to establish motor carrier information ation of the information system by contract, ‘‘(b) REVIEW AND DECISIONS BY THE SEC- systems and data analysis programs to sup- through an agreement with one or more RETARY.— port motor carrier regulatory and enforce- States, or by designating, after consultation ‘‘(1) The Secretary shall review the laws ment activities required under this title. In with the States, a third party that rep- and regulations on commercial motor vehi- cooperation with the States, the information resents the interests of the States. cle safety in effect in each State, and de- systems shall be coordinated into a network ‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER cide— providing identification of motor carriers SAFETY PROGRAM.—The Secretary is author- ‘‘(A) whether the State law or regulation— and drivers, registration and licensing trac- ized to establish a program focusing on im- ‘‘(i) has the same effect as a regulation pre- ing, and motor carrier and driver safety per- proving commercial motor vehicle driver scribed by the Secretary under section 31136 formance. The Secretary shall develop and safety. The objectives of the program shall of this title; maintain data analysis capacity and pro- include— ‘‘(ii) is less stringent than that regulation; grams to provide the means to develop strat- ‘‘(1) enhancing the exchange of driver li- or egies to address safety problems and to use censing information among the States and ‘‘(iii) is additional to or more stringent data analysis to measure the effectiveness of among the States, the Federal Government, than that regulation; and these strategies and related programs; to de- and foreign countries; ‘‘(B) for each State law or regulation which termine the cost effectiveness of State and ‘‘(2) providing information to the judicial is additional to or more stringent than the Federal safety compliance, enforcement pro- system on the commercial motor vehicle regulation prescribed by the Secretary, grams, and other countermeasures; to evalu- driver licensing program; and whether— ‘‘(3) evaluating any aspect of driver per- ate the safety fitness of motor carriers and ‘‘(i) the State law or regulation has no formance and safety as deemed appropriate drivers; to identify and collect necessary safety benefit; by the Secretary. data; and to adapt, improve, and incorporate ‘‘(ii) the State law or regulation is incom- ‘‘(c) COOPERATIVE AGREEMENTS, GRANTS, other information and information systems patible with the regulation prescribed by the AND CONTRACTS.—The Secretary may carry Secretary under section 31136 of this title; or as deemed appropriate by the Secretary. out this section either independently or in ‘‘(2) PERFORMANCE AND REGISTRATION IN- ‘‘(iii) enforcement of the State law or regu- cooperation with other Federal departments, FORMATION SYSTEM MANAGEMENT.— lation would cause an unreasonable burden agencies, and instrumentalities, or by mak- ‘‘(A) The Secretary may include as part of on interstate commerce.’’; ing grants to and entering into contracts and the information system authorized under (C) by striking paragraph (5) of subsection cooperative agreements with States, local- paragraph (1), an information system, to be (b)(5), as redesignated, and inserting the fol- ities, associations, institutions, corporations called the Performance and Registration In- lowing: (profit or nonprofit) or other persons.’’. formation System Management, to serve as a ‘‘(5) In deciding under paragraph (4) of this clearinghouse and repository of information SEC. 606. AUTHORIZATION OF APPROPRIATIONS. subsection whether a State law or regulation related to State registration and licensing of Section 31107 is amended to read as follows: will cause an unreasonable burden on inter- commercial motor vehicles and the safety ‘‘§ 31107. Authorization of appropriations for state commerce, the Secretary may consider system of the commercial motor vehicle reg- information systems and strategic safety the effect on interstate commerce of imple- istrants or the motor carriers operating the initiatives. mentation of all similar laws and regulations vehicles. The Secretary may include in the ‘‘(a) GENERAL.—There shall be available of other States.’’; system information on the safety fitness of from the Highway Trust Fund (other than (D) by striking subsections (d) and (e), as each of the motor carriers and registrants the Mass Transit Account) for the Secretary redesignated, and inserting the following: and other information the Secretary consid- to incur obligations to carry out section ‘‘(d) WRITTEN NOTICE OF DECISIONS.—The ers appropriate, including information on ve- 31106 of this title the sum of $17 million for Secretary shall give written notice of the de- hicle, driver, and motor carrier safety per- each of the fiscal years 1998, 1999, 2000, 2001, cision under subsection (b) of this section to formance. 2002, and 2003. The amounts made available the State concerned.’’; and ‘‘(B) The Secretary may prescribe tech- under this subsection shall remain available (E) by redesignating subsections (f) and (g), nical and operational standards to ensure— until expended. as redesignated, as subsections (e) and (f), re- ‘‘(i) uniform, timely and accurate informa- ‘‘(b) CONTRACT AUTHORITY.—Approval by spectively. tion collection and reporting by the States the Secretary of a grant under this section (2) CONFORMING CHANGES.— necessary to carry out this system; imposes upon the United States Government (A) The caption of section 31141 of such ‘‘(ii) uniform State and Federal procedures a contractual obligation for payment of the title is amended to read as follows: and policies necessary to operate the Com- Government’s share of costs incurred in car- ‘‘§ 31141. Preemption of State laws and regu- mercial Vehicle Information System; and rying out the objectives of the grant.’’. lations’’. ‘‘(iii) the availability and reliability of the SEC. 607. CONFORMING AMENDMENTS. (B) The chapter analysis of chapter 311 of information to the States and the Secretary The chapter analysis for chapter 311 is such title is amended by striking the item from the information system. amended— relating to section 31141 and inserting the ‘‘(C) The system shall link the Federal (1) by striking the heading for subchapter following: motor carrier safety systems with State I and inserting the following: driver and commercial vehicle registration ‘‘31141. Preemption of State laws and regula- ‘‘SUBCHAPTER I. STATE GRANTS AND OTHER tions’’. and licensing systems, and shall be de- COMMERCIAL MOTOR VEHICLE PROGRAMS.’’; signed— (c) INSPECTION OF VEHICLES.— ‘‘(i) to enable a State, when issuing license and (1) Section 31142 is amended— (2) by striking the items relating to sec- plates or throughout the registration period (A) by striking ‘‘part 393 of title 49, Code of tions 31106 and 31107 and inserting the follow- for a commercial motor vehicle, to deter- Federal Regulations’’ in subsection (a) and ing: mine, through the use of the information inserting ‘‘regulations issued pursuant to system, the safety fitness of the registrant ‘‘31106. Information Systems and Strategic section 31135 of this title’’; and or motor carrier; Safety Initiatives (B) by striking subsection (c)(1)(C) and in- ‘‘(ii) to allow a State to decide, in coopera- ‘‘31107. Authorization of Appropriations for serting the following: tion with the Secretary, the types of sanc- Information Systems and Stra- ‘‘(C) prevent a State from participating in tions that may be imposed on the registrant tegic Safety Initiatives.’’. the activities of a voluntary group of States or motor carrier, or the types of conditions SUBTITLE B—MOTOR CARRIER SAFETY ACT OF enforcing a program for inspection of com- or limitations that may be imposed on the 1997 mercial motor vehicles; or’’. operations of the registrant or motor carrier SEC. 651. SHORT TITLE. (2) Subchapter IV of chapter 311 is amend- that will ensure the safety fitness of the reg- This subtitle may be cited as the ‘‘Motor ed— istrant or motor carrier; Carrier Safety Act of 1997’’. (A) by striking sections 31161 and 31162; and S10166 CONGRESSIONAL RECORD — SENATE September 29, 1997

(B) by striking the items relating to sec- under subsection 31144(a) of this title may ‘‘(e) ATTENDANCE AND TESTIMONY OF WIT- tions 31161 and 31162 in the chapter analysis not operate a commercial motor vehicle (as NESSES AND PRODUCTION OF EVIDENCE; EN- for that chapter. defined in section 31132 of this title)— FORCEMENT OF SUBPOENA.—In carrying out (3) Section 31102(b)(1) is amended— ‘‘(A) to transport hazardous material for the authority under this section, the Sec- (A) by striking ‘‘and’’ at the end of sub- which placarding of a motor vehicle is re- retary may require the attendance and testi- paragraph (P); quired under regulations prescribed under mony of witnesses and the production of evi- (B) by striking ‘‘thereunder.’’ in subpara- this chapter; or dence under oath. Witnesses shall be paid the graph (Q) and inserting ‘‘thereunder; and’’; ‘‘(B) to transport more than 15 individuals. same fees and mileage that are paid wit- and ‘‘(2) The prohibition in paragraph (1) of nesses in the courts of the United States. In (C) by adding at the end thereof the follow- this subsection applies beginning on the 46th cases of failure or refusal by any person to ing: day after the date on which the Secretary obey such an order, any district court of the ‘‘(R) provides that the State will establish determines that a motor carrier fails to meet United States for the jurisdiction in which a program: (i) to ensure the proper and time- the safety fitness requirements and applies such person is found, resides, or transacts ly correction of commercial motor vehicle until the motor carrier meets the safety fit- business, shall have jurisdiction to issue, safety violations noted during an inspection ness requirements.’’; upon application by the Secretary, an order carried out with funds authorized under sec- (B) by striking ‘‘RATING’’ in the caption of requiring such person to appear and produce tion 31104 of this title; and (ii) to ensure that subsection (b) and inserting ‘‘FITNESS’’; evidence and to give testimony relating to information is exchanged among the States (C) by striking ‘‘receiving and unsatisfac- the matter under investigation or in ques- in a timely manner.’’. tory rating’’ in subsection (b) and inserting tion. Any failure to obey such order of the (d) SAFETY FITNESS OF OWNERS AND OPERA- ‘failing to meet the safety fitness require- court may be punished by said court as a TORS.—Section 31144 is amended to read as ments’’; contempt thereof.’’. (D) by striking ‘‘has an unsatisfactory rat- follows: SEC. 653. COMMERCIAL MOTOR VEHICLE OPERA- ing from the Secretary’’ in subsection (c) and TORS. ‘‘§ 31142. Safety fitness of owners and opera- inserting ‘‘failed to meet the safety fitness tors (a) REPEAL OF OBSOLETE GRANT PRO- requirements’’; and GRAMS.—Chapter 313 is amended— ‘‘(a) PROCEDURE.—The Secretary of Trans- (E) by striking ‘‘RATINGS’’ in the caption of (1) by striking sections 31312 and 31313; and portation shall maintain in regulation a pro- subsection (d) and inserting ‘‘Fitness Deter- (2) by striking the items relating to sec- cedure for determining the safety fitness of mination’’; tions 31312 and 31313 in the chapter analysis owners and operators of commercial motor (F) by striking ‘‘, in consultation with the for that chapter. vehicles, including persons seeking new or Interstate Commerce Commission,’’ in sub- (b) COMMERCIAL DRIVER’S LICENSE REQUIRE- additional operating authority as motor car- section section (d); and MENT.— riers under section 13902 of this title. The (G) by striking ‘‘ratings of motor carriers (1) IN GENERAL.—Section 31302 is amended procedure shall include— that have unsatisfactory ratings from’’ in to read as follows: ‘‘(1) specific initial and continuing require- subsection (d) and inserting ‘‘fitness deter- ‘‘§ 31302. Commercial driver’s license requirements to be met by the owners, operators, minations of motor carriers made by’’. ment and other persons to demonstrate safety fit- (2) CONFORMING AMENDMENTS.— ness; (A) The caption of section 5113 of such ‘‘No individual shall operate a commercial ‘‘(2) a means of deciding whether the own- chapter is amended to read as follows: motor vehicle without a commercial driver’s license issued according to section 31308 of ers, operators, or other persons meet the ‘‘§ 5113. Safety fitness of passenger and haz- this title.’’. safety requirements under paragraph (1) of ardous material carriers’’. this subsection; and (2) CONFORMING AMENDMENTS— (B) The chapter analysis for such chapter (A) The chapter analysis for that chapter ‘‘(3) specific time deadlines for action by is amended by striking the item relating to the Secretary in making fitness decisions. is amended by striking the item relating to section 5113 and inserting the following: section 31302 and inserting the following: ‘‘(b) PROHIBITED TRANSPORTATION.—Except ‘‘5113. Safety fitness of passenger and hazard- ‘‘31302. Commercial driver’s license require- as provided in sections 521(b)(5)(A) and 5113 ous material carriers’’. ment’’. of this title, a motor carrier that fails to meet the safety fitness requirements estab- (f) DEFINITIONS.— (B) Section 31305(a) is amended by redesig- lished under subsection (a) of this section (1) Section 31101(1) is amended— nating paragraphs (2) through (8) as para- may not operate in interstate commerce be- (A) by inserting ‘‘or gross vehicle weight, graphs (3) through (9), respectively, and by ginning on the 61st day after the date of the whichever is greater,’’ after ‘‘rating’’ in sub- inserting after paragraph (1) the following: determination by the Secretary that the paragraph (A); ‘‘(2) may establish performance based test- (ii) by striking ‘‘10,000’’ and inserting motor carrier fails to meet the safety fitness ing and licensing standards that more accu- ‘‘10,001’’; requirements and until the motor carrier rately measure and reflect an individual’s (B) by striking ‘‘10’’ in subparagraph (B) meets the safety fitness requirements. The knowledge and skills as an operator;’’. and inserting ‘‘15’’; and (c) COMMERCIAL DRIVER’S LICENSE INFOR- Secretary may, for good cause shown, pro- (C) by inserting ‘‘and transported in a vide a carrier with up to an additional 60 MATION SYSTEM.—Section 31309 is amended— quantity requiring placarding under regula- (1) by striking ‘‘make an agreement under days to meet the safety fitness requirements. tions prescribed by the Secretary under sec- subsection (b) of this section for the oper- ‘‘(c) RATING REVIEW.—The Secretary shall tion 5103’’ after ‘‘title’’ in subparagraph (C). ation of, or establish under subsection (c) of review the factors that resulted in a motor (2) Section 31132 is amended— this section,’’ in subsection (a) and inserting carrier failing to meet the safety fitness re- (A) by inserting ‘‘or gross vehicle weight, ‘‘maintain’’; quirements not later than 45 days after the whichever is greater,’’ after ‘‘rating’’ in (2) by striking subsections (b) and (c) and motor carrier requests a review. paragraph (1)(A); and redesignating subsections (d), (e), and (f) as ‘‘(d) GOVERNMENT USE PROHIBITED.—A de- (B) by adding at the end of paragraph (3) subsections (b), (c), and (d) respectively; partment, agency, or instrumentality of the the following: (3) by striking ‘‘Not later than December United States Government may not use a ‘‘For purposes of this paragraph, the term 31, 1990, the’’ in paragraph (2) of subsection motor carrier that does not meet the safety ‘business affecting interstate commerce’ (b), as redesignated, and inserting ‘‘The’’; fitness requirements. means a business employing a commercial and ‘‘(e) PUBLIC AVAILABILITY; UPDATING OF motor vehicle in interstate commerce and (4) by striking ‘‘shall’’ in paragraph (2) of FITNESS DETERMINATIONS.—The Secretary includes all operations of the business in subsection (b), and redesignated, and insert- shall amend the motor carrier safety regula- intrastate commerce which use vehicles oth- ing ‘‘may’’; tions in subchapter B of chapter III of title erwise defined as commercial motor vehicles (5) by inserting after the caption of sub- 49, Code of Federal Regulations, to establish under paragraph (1) of this section.’’. section (c), as designated, the following: ‘‘In- a system to make readily available to the (g) MINIMUM FINANCIAL RESPONSIBILITY FOR formation about a driver in the information public, and to update periodically, the safety TRANSPORTING PETROLEUM PRODUCTS.—Sec- system may be made available under the fol- fitness determinations of motor carriers tion 31139(c)(2)(A)(i) is amended by inserting lowing circumstances:’’; and made by the Secretary. ‘‘or petroleum products classified as hazard- (5) by starting a new paragraph with ‘‘(1) ‘‘(f) PENALTIES.—The Secretary shall pre- ous materials’’ after ‘‘Administrator)’’. On request’’ and indenting the paragraph 2 scribe regulations setting penalties for viola- (h) EMPLOYEE PROTECTIONS.—Section 31105 ems from the lefthand margin. tions of this section consistent with section is amended— (d) REQUIREMENTS FOR STATE PARTICIPA- 521 of this title.’’. (1) by adding at the end of subsection (d) TION.—Section 31311(a) is amended— (e) SAFETY FITNESS OF PASSENGER AND the following: ‘‘An employee may also inde- (1) by striking ‘‘31310(b)–(e)’’ in paragraph HAZARDOUS MATERIAL CARRIERS.— pendently bring a civil action to enforce an (15) and inserting ‘‘31310(b)–(e), and (g)(1)(A) (1) IN GENERAL.—Section 5113 is amended— order issued under subsection (b) of this sec- and (2)’’; (A) by striking subsection (a) and inserting tion in the district court of the United (2) by striking paragraph (17); and the following: States for the judicial circuit in which the (3) by redesignating paragraph (18) as para- ‘‘(a) PROHIBITED TRANSPORTATION.— violation occurred.’’; and graph (17). ‘‘(1) A motor carrier that fails to meet the (2) by adding at the end thereof the follow- (e) WITHHOLDING AMOUNTS FOR STATE NON- safety fitness requirements established ing: COMPLIANCE.—Section 31314 is amended— September 29, 1997 CONGRESSIONAL RECORD — SENATE S10167 (1) by striking ‘‘, (2), (5), and (6)’’ and inserting after the item relating to section 507 tion can be shown to have misrepresented a serting ‘‘(3), and (5)’’; and the following: fact that constitutes a violation other than (2) by striking ‘‘1992’’ in subsections (a) and ‘‘508. Safety performance history of new driv- a reporting or recordkeeping violation.’’. (b) and inserting ‘‘1995’’; ers; limitation on liability’’. (c) PENALTY FOR AIDING AND ABETTING.— (3) by striking paragraph (1) of subsection SEC. 654. PENALTIES. (1) IN GENERAL.—Chapter 5 is amended by (c); (a) NOTIFICATION OF VIOLATIONS AND EN- adding at the end thereof the following: (4) by striking ‘‘(2)’’ in subsection (c)(2); FORCEMENT PROCEDURES.—Section 521(b)(1) is ‘‘§ 527. Aiding and abetting (5) by striking subsection (d); and amended— (6) by redesignating subsection (e) as sub- ‘‘A person who knowingly aids, abets, (1) by inserting: ‘‘with the exception of section 9d). counsels, commands, induces, or procures a reporting and recordkeeping violations,’’ in (f) COMMERCIAL MOTOR VEHICLE DEFINED.— violation of a regulation or order issued by the first sentence of subparagraph (A) after Section 31301 is amended— the Secretary under chapter 311 or section (1) by inserting ‘‘or gross vehicle weight, ‘‘under any of those provisions,’’; 31502 of this title shall be subject to civil and whichever is greater,’’ after ‘‘rating’’ each (2) by striking ‘‘fix a reasonable time for criminal penalties under this chapter to the place it appears in paragraph (4)(A); and abatement of the violation,’’ in the third same extent as the motor carrier or driver (2) by inserting ‘‘is’’ in paragraph (4)(C)(ii) sentence of subparagraph (A); who commits a violation.’’. before ‘‘transporting’’ each place it appears (3) by striking ‘‘(A)’’ in subparagraph (A); (2) Conforming amendment.—The chapter and before ‘‘not otherwise’’. and analysis for that chapter is amended by in- (4) by striking subparagraph (B). (g) SAFETY PERFORMANCE HISTORY OF NEW serting after the item relating to section 526 (b) CIVIL PENALTIES.—Section 521(b)(2) is DRIVERS; LIMITATION ON LIABILITY.— the following: ‘‘(1) IN GENERAL.—Chapter 5 is amended by amended— ‘‘527. Aiding and abetting’’. adding at the end thereof the following: (1) by striking subparagraph (A) and in- (d) AUTHORITY TO INVESTIGATE.—Section serting the following: § 508. Safety performance history of new driv- 506(a) is amended— ‘‘(A) IN GENERAL.—Except as otherwise pro- (1) by inserting ‘‘, freight forwarder, ship- ers; limitation on liability vided in this subsection, any person who is per, broker, consignee, or other person’’ after ‘‘(a) LIMITATION ON LIABILITY.—No action determined by the Secretary, after notice ‘‘motor private carrier’’; or proceeding for defamation, invasion of and opportunity for a hearing, to have com- (2) by striking ‘‘or’’ after ‘‘migrant work- privacy, or interference with a contract that mitted an act which is a violation of regula- ers’’; and is based on the furnishing or use of safety tions issued by the Secretary under sub- (3) by striking the last sentence. performance records in accordance with reg- chapter III of chapter 311 (except sections (e) ENFORCEMENT.—Section 507(a)(2) is ulations issued by the Secretary may be 31137 and 31138) or section 31502 of this title amended— brought against— shall be liable to the United States for a civil (1) by inserting ‘‘, shipper, broker, con- ‘‘(1) a motor carrier requesting the safety penalty in an amount not to exceed $10,000 signee, or other person’’ after ‘‘freight for- performance records of an individual under for each offense. Notwithstanding any other warder’’; and consideration for employment as a commer- provision of this section (except subpara- (2) by striking ‘‘or’’ after ‘‘motor private cial motor vehicle driver as required by and graph (C)), no civil penalty shall be assessed carrier’’. in accordance with regulations issued by the under this section against an employee for a (f) CONFORMING AMENDMENTS.— Secretary; violation in an amount exceeding $2,500.’’; (1) Section 503(a) is amended by striking ‘‘(2) a person who has complied with such a (2) by redesignating subparagraphs (B) and ‘‘(except a motor contract carrier)’’. request; or (C) as subparagraphs (C) and (D), respec- (2) Section 522 is amended— ‘‘(3) the agents or insurers of a person de- tively; and (A) by striking ‘‘(a)’’ in subsection (a); and scribed in paragraph (1) or (2) of this sub- (3) by inserting after subparagraph (A) the (B) by striking subsection (b). section. following: SEC. 655. INTERNATIONAL REGISTRATION PLAN ‘‘(b) RESTRICTIONS.— ‘‘(B) RECORDKEEPING AND REPORTING VIOLA- AND INTERNATIONAL FUEL TAX ‘‘(1) Subsection (a) does not apply unless— TIONS.— AGREEMENT. ‘‘(A) the motor carrier requesting the safe- ‘‘(i) A person required to make a report to Chapter 317 is amended— ty performance records at issue, the person the Secretary, answer a question, or make, (1) by striking sections 31702, 31703, and complying with such a request, and their prepare, or preserve a record under section 31708; and agents have taken all precautions reasonably 504 of this title or under any regulation is- (2) by striking the items relating to sec- necessary to ensure the accuracy of the sued by the Secretary pursuant to sub- tions 31702, 31703, and 31708 in the chapter records and have fully complied with the reg- chapter III of chapter 311 (except sections analysis for that chapter. ulations issued by the Secretary in using and 31137 and 31138) or section 31502 of this title SEC. 656. STUDY OF ADEQUACY OF PARKING FA- furnishing the records, including the require- about transportation by motor carrier, CILITIES. ment that the individual who is the subject motor carrier of migrant workers, or motor The Secretary shall conduct a study to de- of the records be afforded a reasonable oppor- private carrier, or an officer, agent, or em- termine the location and quantity of parking tunity to review and comment on the ployee of that person, who— facilities at commercial truck stops and records; ‘‘(I) does not make that report; travel plazas and public rest areas that could ‘‘(B) the motor carrier requesting the safe- ‘‘(II) does not specifically, completely, and be used by motor carriers to comply with ty performance records, the person comply- truthfully answer that question in 30 days Federal hours-of-service rules. The study ing with such a request, their agents, and from the date the Secretary requires the shall include an inventory of current facili- their insurers, have taken all precautions question to be answered; or ties serving the National Highway System, reasonably necessary to protect the privacy ‘‘(III) does not make, prepare, or preserve analyze where shortages exist or are proof the individual who is the subject of the that record in the form and manner pre- jected to exist, and propose a plan to reduce records, including protecting the records scribed by the Secretary, the shortages. The study may be carried out from disclosure to any person, except for shall be liable to the United States for a civil in cooperation with research entities rep- their insurers, not directly involved in for- resenting the motor carrier and travel plaza warding the records or deciding whether to penalty in an amount not to exceed $500 for each offense, and each day of the violation industry. hire that individual; and SEC. 657. NATIONAL MINIMUM DRINKING AGE— ‘‘(C) the motor carrier requesting the safe- shall constitute a separate offense, except that the total of all civil penalties assessed TECHNICAL CORRECTIONS. ty performance records have used those Section 158 of title 23, United States Code, records only to assess the safety perform- against any violator for all offenses related to any single violation shall not exceed is amended— ance of the individual who is the subject of (1) by striking ‘‘104(b)(2), 104(b)(5), and those records in deciding whether to hire $5,000. ‘‘(ii) Any such person, or an officer, agent, 104(b)(6)’’ each place it appears in subsection that individual. (a) and inserting ‘‘104(b)(3), and 104(b)(5)(B)’’; ‘‘(2) Subsection (a) does not apply to per- or employee of that person, who— ‘‘(I) knowingly falsifies, destroys, muti- and sons who knowingly furnish false informa- (2) by striking subsection (b) and inserting tion. lates, or changes a required report or record; ‘‘(II) knowingly files a false report with the the following: ‘‘(c) PREEMPTION OF STATE AND LOCAL ‘‘(b) AVAILABILITY OF WITHHELD FUNDS.— LAW.—No State or political subdivision Secretary; ‘‘(III) knowingly makes or causes or per- No funds withheld under this section from thereof may enact, prescribe, issue, continue apportionment to any State after September in effect, or enforce any law (including any mits to be made a false or incomplete entry in that record about an operation or business 31, 1988, shall be available for apportionment regulation, standard, or other provision hav- to such State.’’. ing the force and effect of law) that pro- fact or transaction; or hibits, penalizes, or imposes liability for fur- ‘‘(IV) knowingly makes, prepares, or pre- TITLE VII—RESEARCH nishing or using safety performance records serves a record in violation of a regulation or SUBTITLE A—PROGRAMS AND ACTIVITIES in accordance with regulations issued by the order of the Secretary, SEC. 701. TRANSPORTATION RESEARCH AND DE- Secretary.’’. shall be liable to the United States for a civil VELOPMENT. (2) CONFORMING AMENDMENT.—The chapter penalty in an amount not to exceed $5,000 for Subtitle III is amended by adding a new analysis for that chapter is amended by in- each violation, provided that any such ac- chapter 52 to read as follows: S10168 CONGRESSIONAL RECORD — SENATE September 29, 1997

‘‘CHAPTER 52—RESEARCH AND DEVEL- ‘‘(3) Encourage innovation; ‘‘SUBCHAPTER IV—PROFESSIONAL CAPACITY OPMENT ‘‘(4) Identify and facilitate initiatives and BUILDING ‘‘SUBCHAPTER I—GENERAL AND ADMIN- partnerships to deploy advanced technology ‘‘§ 5241. National university transportation ISTRATIVE with the potential for improving transpor- centers ‘‘Sec. tation systems over ten years; ‘‘(a) REGIONALLY-BASED CENTERS.—The ‘‘5201. Transactional authority. ‘‘(5) Identify core research to support the Secretary of Transportation shall make ‘‘5202. Reliance on competition. Nation’s long-term transportation tech- ‘‘5203. Authorizations. grants to nonprofit institutions of higher nology and system needs, including safety; learning to establish and operate one univer- ‘‘SUBCHAPTER II—PLANNING ‘‘(6) Ensure the Nation’s ability to compete sity transportation center in each of the ten ‘‘5221. Planning. on a global basis; and (10) United States Government regions that ‘‘5222. Implementation. ‘‘(7) Provide a means of assessing the im- comprise the Standard Federal Regional ‘‘SUBCHAPTER III—ADVANCED TRANS- pact of Federal research and technology in- Boundary System. PORTATION RESEARCH AND DEVELOP- vestments on the performance of the Na- ‘‘(b) OTHER CENTERS.—The Secretary may MENT PROGRAMS tion’s transportation system. make grants to non-profit institutions of ‘‘5231. Intermodal transportation research ‘‘§ 5222. Implementation higher learning to establish and operate up and development program. to ten other university transportation cen- ‘‘In implementing section 5221, the Sec- ters to address transportation management, ‘‘SUBCHAPTER IV—PROFESSIONAL retary of Transportation shall adopt such CAPACITY BUILDING research and development, with special at- policies and procedures as appropriate— tention to increasing the number of highly ‘‘5241. National university transportation ‘‘(1) to provide for consultation among the centers. skilled minority individuals and women en- Administrators of the operating administra- tering the transportation workforce; trans- ‘‘SUBCHAPTER I—GENERAL AND tions of the Department and other Federal portation and industrial productivity; rural ADMINISTRATIVE officials with responsibility for research im- transportation; advanced transportation ‘‘§ 5201. Transactional authority portant to national transportation needs; technology; international transportation ‘‘To carry out this chapter, the Secretary ‘‘(2) to promote the maximum exchange of policy studies; transportation infrastructure of Transportation may enter into contracts, information on transportation-related re- technology; urban transportation research; grants, cooperative agreements, and other search and development activities among the transportation and the environment; surface transactions with any person, agency, or in- operating elements of the Department, other transportation safety; or such other national strumentality of the United States, any unit Federal departments and agencies, state and transportation issues designated by the Sec- of State or local government, any edu- local governments, colleges and universities, retary. cational institution, and any other entity to industry and other private and public sector ‘‘(c) SELECTION CRITERIA.—A nonprofit in- further the objectives of this chapter. organizations engaged in such activities; stitution of higher learning interested in re- ‘‘§ 5202. Reliance on competition ‘‘(3) to ensure that the Department’s receiving a grant under this section shall sub- search and development programs do not du- ‘‘The Secretary of Transportation may mit an application to the Secretary in the plicate other Federal research and develop- award grants or contracts to university way and containing the information the Sec- ment programs; transportation centers established through retary prescribes. The Secretary shall select ‘‘(4) to ensure that the Department’s re- competition under section 5241 of this title each recipient through a competitive process search and development activities make ap- without further competition. A noncompeti- on the basis of the following: propriate use of the talents, skills, and abili- ‘‘(1) for regionally-based centers, the loca- tive award authorized by this section must ties residing at the Federal laboratories and tion of the center within the Federal Region be for transportation research, development, leverage, to the extent practical, the re- to be served; education or training consistent with the search capabilities of institutions of higher ‘‘(2) the demonstrated research and exten- strategic plan approved as part of the selec- education and private industry; and sion resources available to the recipient to tion process for the center. ‘‘(5) to validate the scientific and technical carry out this section; ‘‘§ 5203. Authorizations assumptions underlying the Department’s ‘‘(3) the capability of the recipient to pro- ‘‘(a) There is available from the Highway research and technology plans. vide leadership in making national and re- Trust Fund, other than the Mass Transit Ac- gional contributions to the solution of im- ‘‘SUBCHAPTER III—ADVANCED TRANSPOR- count, for the Secretary of Transportation mediate and long-range transportation prob- TATION RESEARCH AND DEVELOPMENT PRO- $10,000,000 for fiscal year 1998, $15,000,000 for lems; GRAMS fiscal year 1999, $20,000,000 for fiscal year ‘‘(4) the recipient’s establishment of a sur- 2000, $25,000,000, for fiscal year 2001, ‘‘§ 5231. Intermodal transportation research face transportation program encompassing $30,000,000 for fiscal year 2002, and $35,000,000 and development program several modes of transportation; for fiscal year 2003, to carry out subchapters ‘‘(a) ESTABLISHMENT.—The Secretary of ‘‘(5) the recipient’s demonstrated commit- II and III of this chapter. Transportation shall establish a program to ment of at least $200,000 in regularly budg- ‘‘(b) CONTRACT AUTHORITY AND AVAILABIL- be known as the ‘Intermodal Transportation eted institutional amounts each year to sup- ITY OF FUNDS.—Funds authorized by this sec- Research and Development Program’. port ongoing transportation research and tion shall be available for obligation in the ‘‘(b) PURPOSES.—The purposes of the Inter- education programs; same manner as if such funds were appor- modal Transportation Research and Develop- ‘‘(6) the recipient’s demonstrated ability to tioned under chapter 1 of title 23, United ment Program are to— disseminate results of transportation re- States Code; except that any Federal share ‘‘(1) enhance the capabilities of Federal search and education programs through a of the cost of any activity under subchapters agencies in meeting national transportation statewide or region-wide continuing edu- II and III of this chapter shall be in accord- needs as defined by their missions through cation program; and ‘‘(7) the strategic plan the recipient pro- ance with the provision of those subchapters, support for basic and applied research and poses to carry out under the grant. and such funds shall remain available for ob- development impacting the various modes of ‘‘(d) OBJECTIVES.—Each university trans- ligation for a period of 2 years after the last transportation including research and devel- portation center shall conduct: day of the fiscal year for which such funds opment in safety, security, mobility, energy are authorized. ‘‘(1) basic and applied research, the prod- and environment, information and physical ucts of which are judged by peers or other ‘‘SUBCHAPTER II—PLANNING infrastructure, and industrial design; experts in the field to advance the body of ‘‘§ 5221. Planning ‘‘(2) identify and apply innovative research knowledge in transportation; ‘‘(a) AUTHORITY.—The Secretary of Trans- performed by the Government, academia and ‘‘(2) an education program that includes portation shall establish a strategic planning the private sector to the intermodal and multi-disciplinary course work and partici- process to determine national transportation multimodal transportation research, devel- pation in research; and research and technology priorities, coordi- opment, and deployment needs of the De- ‘‘(3) an ongoing program of technology nate Federal transportation research and partment and the Nation’s transportation transfer that makes research results avail- technology activities, and measure the im- enterprise; able to potential users in a form that can be pact of these research and technology invest- ‘‘(3) identify and leverage research, tech- implemented, utilized or otherwise applied. ments on the performance of the national nologies, and other information developed by ‘‘(e) MAINTENANCE OF EFFORT.—Before transportation system. the Government for national defense and making a grant under this section, the Sec- ‘‘(b) CRITERIA.—In developing strategic non-defense purposes for the benefit of pub- retary may require the recipient to make an plans for intermodal, multimodal, and modal lic, commercial and defense transportation agreement with the Secretary to ensure that research and technology, the Secretary shall sectors; and the recipient will maintain total expendi- consider the need to: ‘‘(4) share information, analytical and re- tures from all other sources to establish and ‘‘(1) Coordinate and link Federal, regional, search capabilities among Federal, state and operate a university transportation center state, and metropolitan planning activities; local governments, colleges and universities, and related research activities at a level at ‘‘(2) Ensure that standard-setting in trans- and private organizations to advance their least equal to the average level of those ex- portation is compatible with the concept of a transportation research, development and penditures in its 2 fiscal years prior to award seamless transportation system; deployment needs. of a grant under this section. September 29, 1997 CONGRESSIONAL RECORD — SENATE S10169

‘‘(f) FEDERAL SHARE.—A grant under this maintain an Intermodal Transportation individual reports furnished under paragraph section is for 50 percent of the cost of estab- Data Base, in consultation with the Assist- (c)(2) of this section. lishing and operating the university trans- ant Secretaries and operating Administra- ‘‘(2) No department, bureau, agency, offi- portation center and related research activi- tions of the Department. This data base shall cer, or employee of the United States except ties the recipient carries out. The non-Fed- be suitable for analyses conducted by the the Director of the Bureau of Transportation eral share may include funds provided to a Federal Government, the States, and metro- Statistics in carrying out the purpose of this recipient under section 5307 or 5311 of this politan planning organizations. The data section, shall require, for any reason, copies title. base shall include but not be limited to— of reports which have been filed under para- ‘‘(g) PROGRAM COORDINATION.—The Sec- ‘‘(1) information on the volumes and pat- graph (c)(2) with the Bureau of Transpor- retary shall provide for coordinating re- terns of movement of goods, including local, tation Statistics or retained by any individ- search, education, training, and technology interregional, and international movements, ual respondent. Copies of such reports which transfer activities that grant recipients by all modes of transportation and inter- have been so retained or filed with the Bu- carry out under this section, the dissemina- modal combinations, and by relevant classi- reau or any of its employees, contractors, or tion of the results of the research, and the fication; agents shall be immune from legal process, establishment and operation of a clearing- ‘‘(2) information on the volumes and pat- and shall not, without the consent of the in- house. At least annually, the Secretary shall terns of movement of people, including local, dividual concerned, be admitted as evidence review and evaluate programs the grant re- interregional, and international movements, or used for any purpose in any action, suit, cipients carry out. The Secretary may use by all modes of transportation and inter- or other judicial or administrative proceed- not more than one percent of amounts made modal combinations, and by relevant classi- ing. This paragraph shall only apply to indi- available from Government sources to carry fication; and vidually identifiable data. out this subsection. ‘‘(3) information on the location and ‘‘(3) In a case in which the Bureau is au- ‘‘(h) AMOUNTS AVAILABLE FOR TECHNOLOGY connectivity of transportation facilities and thorized by statute to collect data or infor- TRANSFER ACTIVITIES.—At least 5 percent of services and a national accounting of ex- mation for nonstatistical purposes, the Di- the amounts made available to carry out penditures and capital stocks on each mode rector shall clearly distinguish the collec- this section in a fiscal year are available to of transportation and intermodal combination of such data or information by rule and carry out technology transfer activities. tions. on the collection instrument to inform a re- ‘‘(i) LIMITTION OF AVAILABILITY OF FUNDS.— ‘‘(e) NATIONAL TRANSPORTATION LIBRARY.— spondent requested or required to supply the Funds made available to carry out this pro- The Director shall establish and maintain data or information of the nonstatistical gram remain available for obligation for a the National Transportation Library, con- purposes.’’. period of 2 years after the last day of the fis- taining a collection of statistical and other (h) Section 111(j), as redesignated, is cal year for which such funds are author- information needed for transportation deci- amended by striking ‘‘On or before January ized.’’. sion making at the Federal, State, and local 1, 1994, and annually thereafter, the’’ and in- SEC. 702. BUREAU OF TRANSPORTATION STATIS- levels. The Bureau shall facilitate and pro- serting ‘‘The’’. TICS. mote access to the Library, with the goal of (i) Section 111 is amended by adding at the (a) Section 111(b)(4) is amended by striking improving the ability of the transportation end the following: the second sentence. community to share information and the Bu- ‘‘(k) DATA PRODUCT SALES PROCEEDS.—Not- (b) Section 111(c)(1) is amended— reau to make statistics readily accessible withstanding section 3302 of title 31, United (1) by striking ‘‘and’’ after the semicolon under paragraph (c)(5) of this section. The States Code, funds received by the Bureau of in subparagraph (J); Bureau shall work with other transportation Transportation Statistics from the sale of (2) by striking ‘‘system.’’ in subparagraph libraries and other transportation informa- data products may be credited to the High- (K) and inserting ‘‘system’ and’’; and tion providers, both public and private, to way Trust Fund (other than the Mass Tran- (3) by adding at the end of the following: achieve this goal. sit Account) for the purpose of reimbursing ‘‘(L) transportation-related variables influ- ‘‘(f) NATIONAL TRANSPORTATION ATLAS the Bureau for such expenses. encing global competitiveness.’’. DATA BASE.—The Director shall develop and ‘‘(l)(1) FUNDING.—There are authorized to (c) Section 111(c)(2) is amended— maintain geo-spatial data bases depicting be appropriated out of the Highway Trust (1) by striking ‘‘national transportation transportation networks; flows of people, Fund (other than the Mass Transit Account), system’’ in the first sentence and inserting goods, vehicles, and craft over those net- $31,000,000 for each of fiscal years 1998, 1999, ‘‘nation’s transportation systems’’; works; and social, economic, and environ- 2000, 2001, 2002 and 2003 to carry out this sec- (2) by striking subparagraph (A) and in- mental conditions affecting or affected by tion, provided that amounts for activities serting the following: those networks. These data based shall be under subsection (g) of this section may not ‘‘(A) be coordinated with efforts to meas- able to support intermodal network analysis. exceed $500,000 per year. Amounts made ure outputs and outcomes of the Department ‘‘(g) RESEARCH AND DEVELOPMENT available under this subsection shall remain of Transportation and the nation’s transpor- GRANTS.—The Secretary may make grants available for a period of 3 years. tation systems under the Government Per- to, or enter into cooperative agreements of ‘‘(2) CONTRACT AUTHORITY.—Funds author- formance and Results Act;’’; and contracts with, public and nonprofit private ized by this subsection shall be available for (3) by inserting a comma and ‘‘made rel- entities (including, but not limited to, State obligation in the same manner as if such evant to the States and metropolitan plan- Departments of Transportation, metropoli- funds were apportioned under chapter 1 of ning organizations,’’ after ‘‘accuracy’’ in tan planning organizations, Transportation title 23, United States Code.’’. subparagraph (C). Research Centers, and universities) for— (j) CONFORMING AMENDMENT.—Section 5503 (d) Section 111(c)(3) is amended by adding ‘‘(1) the investigation of the subjects listed is amended by striking subsection (d) and re- at the end the following: ‘‘The Bureau shall in subsection (c)(1) of this section and for redesignating subsections (e), (f), and (g) as review and report to the Secretary of Trans- search and development of new methods of subsections (d), (e), and (f), respectively. portation on the sources and reliability of data collection, management, integration, SEC. 703. RESEARCH AND TECHNOLOGY PRO- the statistics proposed by the modal admin- dissemination, interpretation, and analysis; GRAM. istrations to measure outputs and outcomes ‘‘(2) development of electronic clearing- (a) Section 307 of title 23, United States as required by the Government Performance houses of transportation data and related in- Code, is amended to read as follows: and Results Act, and shall undertake such formation, as part of the National Transpor- § 307 Research and planning other reviews of the sources and reliability tation Library under subsection (e) of this of other data collected by the modal admin- section; and ‘‘(a) FINDINGS; GENERAL AUTHORITY; AND istrations as shall be requested by the Sec- ‘‘(3) development and improvement of COLLABORATIVE AGREEMENTS.— retary.’’. methods for sharing geographic data, in sup- ‘‘(1) FINDINGS.—The Congress finds that— (e) Section 111(c) is amended by adding at port of the National Transportation Atlas ‘‘(A) Results of research, technology trans- the end the following: Data Base under subsection (f) and the Na- fer, studies, and activities have dem- ‘‘(7) SUPPORTING TRANSPORTATION DECISION tional Spatial Data Infrastructure.’’. onstrated that continued and increased ef- MAKING.—Ensuring that the statistics com- (g) Section 111(i), as redesignated, is forts to provide for technical innovation piled under paragraph (1) of this subsection amended to read as follows: must be a cornerstone in the foundation as are relevant for transportation decisions by ‘‘(i) PROHIBITION ON CERTAIN DISCLO- the transportation community moves into Federal, State, and local governments, SURES.— the next century. transportation-related associations, private ‘‘(1) An officer or employee of the Bureau ‘‘(B) A strong Federal transportation re- business, and consumers.’’. may not— search and technology program is recognized (f) Section 111 is amended— ‘‘(A) make any publication in which the as essential to ensure that innovation is de- (1) by redesignating subsections (d), (e) and data furnished by a person under paragraph veloped and incorporated into the multi-bil- (f) as subsections (h), (i) and (j), respectively; (c)(2) can be identified; lion dollar infrastructure program. (2) by striking subsection (g); and ‘‘(B) use the information furnished under ‘‘(C) Technology advancement is essential (3) by inserting after subsection (c) the fol- the provisions of paragraph (c)(2) of this sec- to support the Nation’s infrastructure needs lowing: tion for a non-statistical purpose; or and, in turn, its ability to continue to par- ‘‘(d) INTERMODAL TRANSPORTATION DATA ‘‘(C) permit anyone other than the individ- ticipate successfully in a global marketplace BASE.—The Director shall establish and uals authorized by the Director to examine and economy. S10170 CONGRESSIONAL RECORD — SENATE September 29, 1997

‘‘(2) AUTHORITY OF THE SECRETARY.— ‘‘(D) UTILIZATION OF TECHNOLOGY.—The re- safety systems, research, and development ‘‘(A) IN GENERAL.—The Secretary shall en- search, development, or utilization of any relating to vehicle, highway, and driver gage in research, development, and tech- technology pursuant to a cooperative re- characteristics, accident investigations, nology transfer activities with respect to search and development agreement entered communications, emergency medical care, motor carrier transportation and all phases into under this paragraph, including the and transportation of the injured.’’. of highway planning and development (in- terms under which the technology may be li- SEC. 704. NATIONAL TECHNOLOGY DEPLOYMENT cluding construction, operation, moderniza- censed and the resulting royalties may be INITIATIVES. tion, development, design, maintenance, distributed, shall be subject to the Steven- (a) IN GENERAL.—Chapter 3 of title 23, safety, financing, and traffic conditions) and son-Wydler Technology Innovation Act of United States Code, is amended— the effect thereon of State laws and may 1980. (1) by striking section 321; and test, develop, or assist in testing and devel- ‘‘(E) FUNDS.—The funds necessary to carry (2) by amending section 326 to read as fol- oping any material, invention, patented arti- out this paragraph shall be taken by the Sec- lows: cle, or process. retary out of administrative funds deducted § 326. National technology deployment initia- ‘‘(B) COOPERATION, GRANTS, AND CON- pursuant to section 104(a) of this title and tives program TRACTS.—The Secretary may carry out this such funds as may be deposited by any co- section either independently or in coopera- operating organization or person in a special ‘‘(a) ESTABLISHMENT.—The Secretary shall tion with other Federal departments, agen- account of the Treasury of the United States develop and administer a National Tech- cies, and instrumentalities or by making established for such purposes. nology Deployment Initiatives program for grants to, or entering into contracts, cooper- ‘‘(4) Waiver of advertising requirements.— the purpose of significantly expanding the ative agreements, and other transactions The provisions of section 3709 of the Revised adoption of innovative technologies by the with, the National Academy of Sciences, the Statutes (41 U.S.C. 5) shall not be applicable surface transportation community. American Association of State Highway and to contracts or agreements entered into ‘‘(b) DEPLOYMENT GOALS.—The Secretary Transportation Officials, or any State agen- under this chapter. shall establish a limited number of goals for cy, authority, association, institution, cor- ‘‘(b) MANDATORY CONTENTS OF PROGRAM.— the program carried out under this section. poration (profit or nonprofit), organization, The Secretary shall include in the surface Each of the goals and the program developed or person. transportation research, development, and to achieve the goals shall be designed to pro- ‘‘(C) TECHNICAL INNOVATION.—The Sec- technology transfer programs under this sub- vide tangible benefits in the areas of trans- retary shall develop and administer pro- section and as specified elsewhere in this portation system efficiency, safety, reliabil- grams to facilitate application of the prod- title— ity, service life, environmental protection, ucts of research and technical innovations ‘‘(1) a coordinated long-term program of re- and sustainability. For each of these goals, that will improve the safety, efficiency, and search for the development, use, and dissemi- the Secretary, in cooperation with represent- effectiveness of the highway system. nation of performance indicators to measure atives of the transportation community such ‘‘(D) FUNDS.— the performance of the surface transpor- as the States, local government, the private ‘‘(i) IN GENERAL.—Except where specifically tation system of the United States, includ- sector, and academia, shall access domestic noted otherwise in other sections of chapter ing indicators for productivity, efficiency, and international technology to develop 3, the funds necessary to carry out this sub- energy use, air quality, congestion, safety, strategies and initiatives to achieve the section shall be taken by the Secretary out maintenance, and other factors which reflect goal, including technical assistance in de- of administrative funds deducted pursuant to the overall performance of such system. ploying technology, and mechanisms for section 104(a) of this title and such funds as ‘‘(2) a program to strengthen and expand sharing information among program partici- may be deposited by any cooperating organi- surface transportation infrastructure re- pants. Goals to be addressed may include: zation or person in a special account of the search, development, and technology trans- ‘‘(1) Reduced delay and improved safety Treasury of the United States established for fer, including, as a minimum, the following within construction and maintenance work such purposes, and such funds shall remain elements: areas. ‘‘(A) Methods and materials for improving available for obligation for a period of 3 ‘‘(2) Extended life of the current infrastruc- the durability of surface transportation in- years after the last day of the fiscal year for ture. which the funds are authorized. frastructure facilities and extending the life ‘‘(3) Increased system durability and life, ‘‘(ii) USE OF FUNDS.—The Secretary shall of bridge structures, including new and inno- including applications of high performance use funds available to carry out this section vative technologies to reduce corrosion. materials. to develop, administer, communicate, and ‘‘(B) Expansion of the Department of ‘‘(4) Improved safety of driving at night achieve the use of products of the research, Transportation’s inspection and mobile non- and other periods of reduced visibility. development, and technology transfer pro- destructive examination capabilities, includ- ‘‘(5) Support and enhancement of the envi- grams, and to otherwise interact with part- ing consideration of the use of high energy ronment with use of innovative technologies. ners and users in the planning and dissemi- field radiography for more thorough and ‘‘(6) Support of community-oriented trans- nation of results. more frequent inspection of bridge struc- portation and sustainable development. ‘‘(3) COLLABORATIVE RESEARCH AND DEVEL- tures as well as added support to State, ‘‘(7) Minimized transportation system clo- OPMENT.— local, and tribal highway departments. sures, constraints, and delay caused by snow ‘‘(A) IN GENERAL.—For the purposes of en- ‘‘(C) A research and development program and ice. couraging innovative solutions to surface directed toward the reduction of costs asso- ‘‘(c) FUNDING.—There are authorized to be transportation problems and stimulating the ciated with the construction of highways and appropriated, out of the Highway Trust Fund marketing of new technology by private in- mass transmit systems. dustry, the Secretary is authorized to under- ‘‘(D) A surface transportation research pro- (other than the Mass Transit Account), take, on a cost-shared basis, collaborative gram to develop nondestructive evaluation $56,000,000 for each of fiscal years 1998, 1999, research and development with non-Federal equipment for use with existing infrastruc- and 2000; and $84,000,000 for each of fiscal entities, including State and local govern- ture facilities and for next generation infra- years 2001, 2002, and 2003 to carry out this ments, foreign governments, colleges and structure facilities that utilize advanced ma- section. Where appropriate to achieve the universities, corporations, institutions, part- terials. goals outlined above, the Secretary may fur- nerships, sole proprietorships, and trade as- ‘‘(E) Information technology including ap- ther allocate such funds to States for their sociations that are incorporated or estab- propriate computer programs to collect and use. lished under the laws of any State. analyze data on the status of the existing in- ‘‘(d) LEVERAGING OF RESOURCES.—The Sec- ‘‘(B) AGREEMENTS.—In carrying out this frastructure facilities for enhancing manage- retary shall give preference to projects that paragraph, the Secretary may enter into co- ment, growth, and capacity; and dynamic leverage Federal funds against significant operative research and development agree- simulation models of surface transportation resources from other sources, public or pri- ments, as such term is defined under section systems for predicting capacity, safety, and vate. 12 of the Stevenson-Wydler Technology Inno- infrastructure durability problems, for eval- ‘‘(e) CONTRACT AUTHORITY.—Funds author- vation Act of 1980 (15 U.S.C. 3710a). uating planned research projects, and for ized by this subsection shall be available for ‘‘(C) FEDERAL SHARE.—The Federal share testing the strengths and weaknesses of pro- obligation in the same manner as if such payable on account of activities carried out posed revisions in surface transportation op- funds were apportioned under chapter 1 of under a cooperative research and develop- erations programs. this title; except that the Federal share of ment agreement entered into under this ‘‘(F) New innovative technologies to en- the cost of any activity under this section paragraph shall not exceed 50 percent of the hance and facilitate field construction and shall be determined by the Secretary and total cost of such activities; except that, if rehabilitation techniques for minimizing dis- such funds shall remain available for obliga- there is substantial public interest or bene- ruption during repair and maintenance of ex- tion for a period of 3 years after the last day fit, the Secretary may approve a higher Fed- isting structures. of the fiscal year for which the funds are au- eral share. All costs directly incurred by the ‘‘(G) Initiatives to improve the Nation’s thorized. After providing notice and an op- non-Federal partners, including personnel, ability to respond to emergencies and natu- portunity for comment, the Secretary may travel, and hardware development costs, ral disasters, and to enhance national de- waive, in whole or in part, application of any shall be treated as part of the non-Federal fense mobility. provision of this title, if the Secretary deter- share of the cost of such activities for pur- ‘‘(c) As used in this chapter the term ‘safe- mines that such waiver is not contrary to poses of the preceding sentence. ty’ includes, but is not limited to, highway the public interest and will advance the September 29, 1997 CONGRESSIONAL RECORD — SENATE S10171 technology development nationwide. Any grated public sector ITS components as de- States to attain air quality goals established waiver under this section shall be published fined by the Secretary, including traffic sig- pursuant to the Clean Air Act, while address- in the Federal Register, together with rea- nal control systems, freeway management ing the transportation demands of an ex- sons for such waiver.’’. systems, incident management systems, panding economy; (b) CONFORMING AMENDMENT.—The analysis transit management systems, regional (3) the enhancement of safe operation of for chapter 3 is amended— multi-modal traveler information systems, the Nation’s surface transportation systems (1) striking the item relating to section emergency management services, electronic with a particular emphasis on aspects of in- 321; and toll collection systems, electronic fare pay- telligent transportation systems that will (2) striking the item relating to section 326 ment systems, ITS-based railroad grade decrease the number and severity of colli- and inserting the following: crossing safety systems, roadway weather in- sions and identification of aspects of such ‘‘326. National technology deployment initia- formation and prediction systems, advanced systems that may degrade safety, and on in- tives program’’. rural transportation systems, and commer- vehicle systems that bring about a significant reduction in the deaths and injuries by SUBTITLE B—INTELLIGENT TRANSPORTATION cial vehicle information systems and net- helping prevent collisions that would other- SYSTEMS ACT OF 1997 works. (5) INTELLIGENT TRANSPORTATION SYS- wise occur; SEC. 751. SHORT TITLE AND FINDINGS. TEMS.—The term ‘‘intelligent transportation (4) the enhancement of surface transpor- (a) SHORT TITLE.—This subtitle may be systems’’ means the development or applica- tation operational and transactional effi- cited as the ‘‘Intelligent Transportation Sys- tion of electronics, communications, or in- ciencies to allow existing facilities to be tems Act of 1997’’. formation processing (including advanced used to meet a significant portion of future (b) FINDINGS.—The Congress finds that the traffic management systems, commercial ve- transportation needs, and to reduce regu- research and tests conducted under the Intel- hicle operations, advanced traveler informa- latory, financial, and other transaction costs ligent Transportation Systems Act of 1991 tion systems, commercial and advanced ve- to public agencies and system users; demonstrated the potential benefit and read- hicle control systems, advanced public trans- (5) research, development, investigation, iness of Intelligent Transportation Systems portation systems, satellite vehicle tracking documentation, and promotion of intelligent to enhance the safety and efficiency of sur- systems, and advanced vehicle communica- transportation systems and the public sector face transportation operations in a variety tions systems) used singly or in combination organizational capabilities needed to per- of ways. to improve the efficiency and safety of sur- form or manage the planning, implementa- (c) PURPOSE.—The purpose of this subtitle face transportation systems. tion, and operation of intelligent transpor- is to provide for the accelerated deployment (6) ITS COLLISION AVOIDANCE SYSTEMS.—The tation infrastructure in the United States, of proven technologies and concepts, while term ‘‘ITS Collision Avoidance Systems’’ using authorities provided under section 307 also increasing the Federal commitment to means an intelligent transportation system of title 23, United States Code, and sections improving surface transportation safety that assists vehicle operators to avoid colli- 111, 112, 301, 30168, 31106, 5312, 5337, and 20108 through aggressive, long-range research, de- sions that would otherwise occur. of title 49, United States Code; velopment, testing, and promotion of crash (7) NATIONAL ARCHITECTURE.—The term (6) the enhancement of the economic effi- avoidance technologies and systems in co- ‘‘National Architecture’’ means the common ciency of surface transportation systems to operation with industry. framework for interoperability adopted by improve America’s competitive position in SEC. 752. DEFINITIONS; CONFORMING AMEND- the Secretary, and which defines the func- the global economy; MENT. tions associated with ITS user services, the (7) the enhancement of public accessibility (a) For the purposes of this subtitle, the physical entities or subsystems within which to activities, goods, and services, through following definitions apply: such functions reside, the data interfaces the preservation, improvement and expan- (1) ADVANCED RURAL TRANSPORTATION SYS- and information flows between physical sub- sion of surface transportation system capa- TEMS.—The term ‘‘Advanced Rural Transpor- systems, and the communications require- bilities, operational efficiency, and inter- tation Systems’’ means the construction, or ments association with information flows. modal connections; acquisition, and operation of ITS predomi- (8) the development of a technology base (8) NATIONAL ITS PROGRAM PLAN.—The nantly outside of metropolitan areas, and in- and necessary standards and protocols for in- term ‘‘National ITS Program Plan’’ means cluding public lands such as National Parks, telligent transportation systems; and the March 1995 First Edition of the National monuments, and recreation areas, for the (9) the improvement of the Nation’s ability ITS Program Plan jointly developed by the purposes of providing— to respond to emergencies and natural disas- U.S. Department of Transportation and the (A) traveler safety and security advisories ters, and the enhancement of national de- Intelligent Transportation Society of Amer- and warnings; fense mobility. ica, and subsequent revisions issued by the (B) emergency ‘‘Mayday’’ services to notify SEC. 754. GENERAL AUTHORITIES AND REQUIRE- Secretary pursuant to section 755(a)(1). public safety and emergency response orga- MENTS. (9) STATE.—The term ‘‘State’’ has the nizations of travelers in need of emergency (a) COOPERATION.—In carrying out the pro- meaning such term has under section 101 of services; gram under this subtitle, the Secretary shall title 23, United States Code. (C) tourism and traveler information serv- foster enhanced operations and management (b) NATIONAL HIGHWAY SYSTEM.—The un- ices; of the Nation’s surface transportation sys- (D) public mobility services to improve the designated paragraph in section 101(a) of tems, strive to achieve the widespread de- efficiency and accessibility of rural transit title 23, United States Code, relating to the ployment of intelligent transportation sys- service; National Highway System is amended by in- tems, and continue to advance emerging (E) enhanced rural transit fleet operations serting after ‘‘title’’ the following: ‘‘and the technologies, in cooperation with State and and management; Intelligent Transportation Infrastructure as- local governments and the United States pri- (F) improved highway operations and sociated with such system.’’. vate sector. As appropriate, in carrying out maintenance through the rapid detection of SEC. 753. SCOPE OF PROGRAM. the program under this subtitle, the Sec- severe weather conditions, hazardous road (a) SCOPE.—Subject to the provisions of retary shall consult with the Secretary of and bridge conditions, and imminent danger this subtitle, the Secretary shall conduct an Commerce, the Secretary of the Treasury, to construction and maintenance crews from ongoing program to research, develop, and the Administrator of the Environmental errant vehicles in work zones; and operationally test intelligent transportation Protection Agency, the Director of the Na- (G) Commercial Vehicle Operations (CVO) systems and advance Nation-wide deploy- tional Science Foundation, and the heads of user services. ment of such systems as a component of the other interested Federal departments and (2) CVISN.—The term ‘‘Commercial Vehi- Nation’s surface transportation systems. agencies and shall maximize the involve- cle Information Systems and Networks’’ (b) GOALS.—The goals of the program to be ment of the United States private sector, means the information systems and commu- carried out under this subtitle shall include, colleges and universities, including Histori- nications networks that support CVO. but not be limited to: cally Black Colleges and Universities and (3) CVO.—The term ‘‘Commercial Vehicle (1) the widespread planning, implementa- other Minority Institutions of Higher Edu- Operations’’ means motor carrier operations tion and operation of integrated intermodal, cation, and State and local governments in and motor vehicle regulatory activities asso- interoperable intelligent transportation in- all aspects of the program, including design, ciated with the commercial movement of frastructure, in conjunction with cor- conduct (including operations and mainte- goods, including hazardous materials, and responding private sector systems and prod- nance), evaluation, and financial or in-kind passengers. Public sector CVO activities in- ucts, to enhance the capacity, efficiency, and participation. clude the issuance of operating credentials, safety of surface transportation, using the (b) STANDARDS.—The Secretary shall de- motor vehicle and fuel tax administration, authorities provided under sections 103, 119, velop, implement, and maintain a National and roadside safety and border crossing in- 133, 134, 135, 149, and 402 of title 23, and sec- Architecture and supporting standards and spection and regulatory compliance oper- tions 31102, 5307, and 5309 of title 49, United protocols to promote the widespread use and ations. States Code; evaluation of intelligent transportation sys- (4) INTELLIGENT TRANSPORTATION INFRA- (2) the protection and enhancement of the tems technology as a component of the Na- STRUCTURE.—The term ‘‘Intelligent Trans- natural environment and communities af- tion’s surface transportation systems. To the portation Infrastructure’’ means the initial fected by surface transportation, with spe- extent practicable, such standards and proto- construction or acquisition of fully inte- cial emphasis on assisting the efforts of the cols shall promote interoperability among S10172 CONGRESSIONAL RECORD — SENATE September 29, 1997 intelligent transportation systems tech- cycle costs of each project using Federal cated short range vehicle to wayside commu- nologies implemented throughout the funds referenced in subsection (f) of this sec- nication standard; and States. In carrying out this subsection, the tion, and those authorized in section 757 of (D) include, if appropriate, any rec- Secretary may use the services of such exist- this subtitle, for operations and maintenance ommendations of the Secretary for legisla- ing standards-setting organizations as the of ITS elements, where the total initial caption or modification to the National ITS Secretary determines appropriate. The Sec- ital costs of the ITS elements exceeds $3 mil- Program Plan developed under subsection retary shall consult with the Secretary of lion. (a). Commerce, the Secretary of Defense, and the (i) PROCUREMENT METHODS.—To meet the SEC. 756. TECHNICAL, TRAINING, PLANNING, RE- Federal Communications Commission, and need for effective implementation of ITS SEARCH AND OPERATIONAL TEST- take all actions the Secretary deems nec- projects, the Secretary shall develop appro- ING PROJECT ASSISTANCE. essary to secure the necessary spectrum for priate technical assistance and guidance to (a) TECHNICAL ASSISTANCE, TRAINING, AND the near-term establishment of a dedicated assist State and local agencies in evaluating INFORMATION.—The Secretary may provide short-range vehicle to wayside wireless and selecting appropriate methods of pro- planning and technical assistance, training, standard. curement for ITS projects, including innova- and information to State and local govern- (c) EVALUATION.—The Secretary shall pre- tive and nontraditional methods of procurements seeking to implement, operate, main- scribe guidelines and requirements for the ment. tain, and evaluate ITS technologies and services. independent evaluation of field and related SEC. 755. NATIONAL ITS PROGRAM PLAN, IMPLE- (b) PLANNING ASSISTANCE.—The Secretary operational tests carried out pursuant to MENTATION, AND REPORT TO CON- may make available financial assistance section 756, including provisions to ensure GRESS. under this section to support adequate con- the objectivity and independence of the eval- (a) NATIONAL ITS PROGRAM PLAN.— sideration of transportation system manage- uator needed to avoid any real or apparent (1) UPDATES.—The Secretary shall main- ment and operations, including intelligent conflict of interest or potential influence on tain and update the National ITS Program transportation systems and technologies, the outcome by parties to such tests or any Plan as necessary. within metropolitan and statewide transpor- other formal evaluation conducted under (2) SCOPE.—The plan shall— tation processes. Such financial assistance this subtitle. Any survey, questionnaire, or (A) specify the goals, objectives, and mile- shall be made available at such time, in such interview which the Secretary considers nec- stones for the deployment of intelligent transportation infrastructure in the context amounts and subject to such conditions as essary to carry out the evaluation of such the Secretary may determine. The Secretary tests or program assessment activities under of major metropolitan areas, smaller metropolitan and rural areas, and commercial ve- shall develop appropriate technical assist- this subtitle shall not be subject to the re- ance to support the consideration of oper- quirements of the Paperwork Reduction Act hicle information systems and networks, and how specific programs and projects relate to ations and management issues within metro- of 1995 (44 U.S.C. 3501–3520). politan and statewide transportation plan- (d) INFORMATION CLEARINGHOUSE.— the goals, objectives, and milestones, includ- ning. (1) CLEARINGHOUSE.—The Secretary shall ing consideration of the 5-, 10-, and 20-year (c) ELIGIBILITY OF CERTAIN ENTITIES.—Any establish and maintain a repository for tech- timeframes for the goals and objectives; commercial vehicle regulatory agency and nical and safety data collected as a result of (B) establish a course of action necessary any interagency traffic, transportation, or federally sponsored projects carried out pur- to achieve the program’s goals and objec- incident management entity, including inde- suant to this subtitle and shall make, upon tives; pendent public authorities or agencies, con- request, such information (except for propri- (C) provide for the evolutionary develop- tracted by a State or local transportation etary information and data) readily avail- ment of standards and protocols to promote agency for the planning, system develop- able to all users of the repository at an ap- and ensure interoperability in the implemen- ment, evaluation, implementation, or oper- propriate cost. tation of intelligent transportation systems ation of intelligent transportation infra- (2) DELEGATION OF AUTHORITY.—The Sec- technologies; and structure, including commercial vehicle in- retary may delegate the responsibility of the (D) establish a cooperative process with formation systems and networks, within a Secretary under this subsection, with con- State and local governments for determining designated area or along a specific corridor tinuing oversight by the Secretary, to an ap- desired surface transportation system per- are eligible to receive Federal assistance propriate entity not within the Department formance levels and development of plans for under this subtitle. of Transportation. If the Secretary delegates national incorporation of specific ITS capa- (d) RESEARCH AND OPERATIONAL TESTING such responsibility, the entity to which such bilities into surface transportation systems. PROJECTS.—The Secretary may provide fund- responsibility is delegated shall be eligible (b) DEMONSTRATION AND EVALUATION OF IN- ing to Federal agencies and make grants to for Federal assistance under this subtitle. TELLIGENT VEHICLE SYSTEMS.—The Secretary non-Federal entities, including State and (e) ADVISORY COMMITTEES.—The Secretary shall conduct research and development ac- local governments, universities, including may utilize one or more advisory commit- tivities for the purpose of demonstrating in- Historically Black Colleges and Universities tees in carrying out this subtitle. Any advi- tegrated intelligent vehicle systems. Such and other Minority Institutions of Higher sory committee so utilized shall be subject research shall include state-of-the-art Education, and other persons, for research to the Federal Advisory Committee Act. preproduction systems and shall integrate and operational tests relating to intelligent Funding provided for any such committee collision avoidance, in-vehicle information, transportation systems. In deciding which shall be available from moneys appropriated and other safety related systems. Develop- projects to fund under this subsection, the for advisory committees as specified in rel- ment work shall incorporate human factors Secretary shall— evant appropriations acts and from funds al- research findings to improve situational (1) give the highest priority to those located for research, development, and im- awareness of drivers and ensure success of projects that will— plementation activities in connection with the man-machine relationship. This program (A) contribute to the goals and objectives the intelligent transportation systems pro- shall build on the technologies developed as specified in the National ITS Program Plan gram under this subtitle. part of the NHTSA Crash Avoidance and developed under section 755 of this subtitle; (f) AUTHORITY TO USE FUNDS.—Each State FHWA Automated Highway System pro- (B) minimize the relative percentage and and eligible local entity is authorized to use grams and shall be conducted in cooperation amount of Federal contributions under this funds provided under this subtitle or under with private industry, educational institu- subtitle to total project costs; section 1030 of the National Economic Cross- tions, and other interested parties. (C) validate and accelerate the establish- roads Transportation Efficiency Act of 1997, (c) IMPLEMENTATION REPORTS.— ment and widespread conformance with the sections 103, 119, 133, 149, and 402, of title 23, (1) IN GENERAL.—Not later than one year National Architecture and related standards and sections 31102, 5307, 5309, 5310, and 5311 of after the date of the enactment of this Act, and protocols; title 49, United States Code, in accordance and biennially thereafter, the Secretary (D) enhance traffic safety through accel- with the provisions of each of these sections, shall submit to Congress a report on imple- erating the deployment of ITS collision for implementation, modernization, and mentation of the National ITS Program Plan avoidance products through the combined ef- operational purposes in connection with in- under subsection (a) of this section. forts of the Federal Government and indus- telligent transportation infrastructure and (2) SCOPE OF IMPLEMENTATION REPORTS.—In try; systems. preparing reports under this subsection, the (E) demonstrate innovative arrangements (g) CONFORMITY WITH STANDARDS.—the Secretary shall— for multi-agency and/or private sector par- Secretary shall ensure that the implementa- (A) summarize the status of intelligent ticipation in the cooperative financing of the tion of intelligent transportation systems transportation infrastructure deployment deployment and/or operation of intelligent using funds authorized under this subtitle progress; transportation systems; and conform to the National Architecture and (B) analyze the possible and actual accom- (F) validate the effectiveness of integrated, ITS standards and protocols, developed plishments of ITS projects in achieving con- intelligent transportation systems and infra- under subsection (b), except for projects gestion, safety, environmental, and energy structure in enhancing the safety and effi- using funds authorized for specific research conservation goals and objectives; ciency of surface transportation within met- objectives in the National ITS Program Plan (C) assess nontechnical problems and con- ropolitan and rural areas; under section 755 of this subtitle. straints identified, including the inability to (2) seek to fund operational tests that ad- (h) LIFE-CYCLE COST ANALYSIS.—The Sec- secure suitable spectrum allocations to im- vance the current state of knowledge in di- retary shall require an analysis of the life- plement a national or international dedi- rect support of national ITS research and September 29, 1997 CONGRESSIONAL RECORD — SENATE S10173

technology objectives as defined in the Na- (4) be part of approved plans and programs (d) APPLICABILITY OF TITLE 23.—Funds au- tional ITS Program Plan under section 755 of developed under applicable statewide and thorized by this section shall be available for this subtitle, and metropolitan transportation planning proc- obligation in the same manner as if such (3) require that operational tests utilizing esses and applicable State air quality imple- funds were apportioned under chapter 1 of Federal funds under this subtitle have a mentation plans at the time Federal funds title 23, United States Code, except that the written evaluation of the intelligent trans- are sought; Federal share of the cost of any activity portation systems technologies investigated (5) be instrumental in catalyzing cor- under this section shall be determined in ac- and of the results of the investigation which responding public or private ITS investments cordance with this section, and such funds is consistent with the guidelines developed and that minimize the relative percentage shall remain available for obligation for a under section 754(c) of this subtitle. and amount of Federal contributions under period of 3 years after the last day of the fis- SEC. 757. APPLICATIONS OF TECHNOLOGY. this section to total project costs; cal years for which the funds are authorized. (6) include a sound financial approach to (a) INTELLIGENT TRANSPORTATION INFRA- TITLE VIII—BOATING SAFETY ensuring continued, long-term operations STRUCTURE DEPLOYMENT INCENTIVES PRO- and maintenance without continued reliance SEC. 801. SHORT TITLE. GRAM.—The Secretary shall conduct a pro- This Act may be cited as the ‘‘Sportfishing gram to promote the deployment of region- on Federal funding under this subtitle, along with documented evidence of fiscal capacity and Boating Improvement Act of 1997’’. ally integrated, intermodal intelligent trans- SEC. 802. AMENDMENT OF 1950 ACT. portation systems and, through financial and and commitment from anticipated public Whenever in this Act an amendment or re- technical assistance under this subtitle, and private sources; and (7) demonstrate technical capacity for ef- peal is expressed in terms of an amendment shall assist in the development and imple- fective operations and maintenance or com- to, or repeal of, a section or other provision mentation of such systems, leveraging to the mitment to acquiring necessary skills. of the 1950 Act, the reference shall be consid- maximum extent funding from other sources. (d) FUNDING RESTRICTIONS AND LIMITA- ered to be made to a section or other provi- In metropolitan areas, funding provided TIONS.—Funding eligibility under this sec- sion of the Act entitled ‘‘An Act to provide under this subtitle shall primarily support tion for intelligent transportation infra- that the United States shall aid the States activities which integrate existing intel- structure projects in metropolitan areas in fish restoration and management projects, ligent transportation infrastructure ele- shall be limited to items necessary to inte- and for other purposes,’’ approved August 9, ments or those implemented with other grate intelligent transportation system ele- 1950 (16 U.S.C. 777 et seq.). sources of public or private funding. For ments either deployed or to be deployed by commercial vehicle projects and projects SEC. 803. OUTREACH AND COMMUNICATIONS various implementing public and private PROGRAMS. outside metropolitan areas, funding provided agencies and organizations. Annual awards (a) DEFINITIONS.—Section 2 of the 1950 Act under this subtitle may also be used for in- shall be limited to $15,000,000 per metropoli- (16 U.S.C. 777a) is amended— stallation of intelligent transportation infra- tan area, $2,000,000 per rural project, and (1) by indenting the left margin of so much structure elements. $5,000,000 per CVISN project, provided that of the text as precedes ‘‘(a)’’ by 2 ems; (b) PRIORITIES.—In providing funding for no more than $35,000,000 shall be awarded an- (2) by inserting ‘‘For purposes of this projects under this section, the Secretary nually within any State. Act—’’ after the section caption; shall allocate not less than 25 percent of the SEC. 758. FUNDING. (3) by striking ‘‘For the purpose of this Act funds made available to carry out this sec- (a) INTELLIGENT TRANSPORTATION INFRA- the’’ in the first paragraph and inserting ‘‘(1) tion to eligible State or local entities for the STRUCTURE DEPLOYMENT INCENTIVES PRO- the’’; implementation of commercial vehicle infor- GRAM.—There is authorized to be appro- (4) by indenting the left margin of so much mation systems and networks, and inter- priated to the Secretary for carrying out sec- of the text as follows ‘‘include—’’ by 4 ems; national border crossing improvements (in tion 757 of this subtitle, out of the Highway (5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ accordance with the requirements of this Trust Fund (other than the Mass Transit Ac- and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, section and section 1030 of the National Eco- count), $100,000,000 for each of fiscal years respectively; nomic Crossroads Transportation Efficiency 1998, 1999, 2000, 2001, 2002, and 2003. In addi- (6) by striking ‘‘department.’’ and insert- Act of 1997), in support of public sector CVO tion to amounts made available by sub- ing ‘‘department;’’; and activities nationwide, and not less than 10 section (b) of this section, any amounts au- (7) by adding at the end thereof the follow- percent for other intelligent transportation thorized by this subsection and not allocated ing: infrastructure deployment activities outside by the Secretary for carrying out section 757 ‘‘(2) the term ‘outreach and communica- of metropolitan areas. In accordance with of this subtitle may be used by the Secretary tions program’ means a program to improve the National ITS Program Plan under sec- for carrying out other activities authorized communication with anglers, boaters, and tion 755 of this subtitle, the Secretary shall under this subtitle. the general public regarding angling and provide incentives for the deployment of in- (b) ITS RESEARCH AND PROGRAM SUPPORT boating opportunities, to reduce barriers to tegrated applications of intermodal intel- ACTIVITIES.—There is authorized to be appro- participation in these activities, to advance ligent transportation infrastructure and sys- priated to the Secretary for carrying out adoption of sound fishing and boating prac- tem technologies so as to— multi-year research and technology develop- tices, to promote conservation and the re- (1) stimulate sufficient deployment to vali- ment initiatives under this subtitle (other sponsible use of the nation’s aquatic re- date and accelerate the establishment of na- than section 757), out of the Highway Trust sources, and to further safety in fishing and tional ITS standards and protocols; Fund (other than the Mass Transit Account), boating; and (2) realize the benefits of regionally inte- $96,000,000 for each of fiscal years 1998, 1999, ‘‘(3) the term ‘aquatic resource education grated, intermodal deployment of intelligent and 2000, and $130,000,000 for each of fiscal program’ means a program designated to en- transportation infrastructure and commer- years 2001, 2002, and 2003. hance the public’s understanding of aquatic cial vehicle operations, including electronic (c) FEDERAL SHARE PAYABLE.— resources and sport-fishing, and to promote border crossing applications; and (1) For activities funded under subsection the development of responsible attitudes and (3) motivate innovative approaches to (a) of this section, the Federal share payable ethics toward the aquatic environment.’’. overcoming non-technical constraints or im- from the sums authorized under subsection (b) FUNDING FOR OUTREACH AND COMMU- pediments to deployment. (a) shall not exceed 50 percent of the costs NICATIONS PROGRAM.—Section 4 of the 1950 (c) PROJECT SELECTION.—To be selected for thereof, and the total Federal share payable Act (16 U.S.C. 777c) is amended— funding under this section, a project shall— from all eligible sources (including sub- (1) by redesignating subsections (c, (d), and (1) contribute to national deployment section (a)) shall not exceed 80 percent of the (e) as subsections (d), (e), and (f); goals and objectives outlined in the National costs thereof. (2) by inserting after subsection (b) the fol- ITS Program Plan under section 755 of this (2) For activities funded under subsection lowing: subtitle; (b) of this section, unless the Secretary de- ‘‘(c) NATIONAL OUTREACH AND COMMUNICA- (2) demonstrate a strong commitment to termines otherwise, the Federal share pay- TIONS FUND.— cooperation among agencies, jurisdictions, able on account of such activities shall not ‘‘(1) ESTABLISHMENT.—There is established and the private sector, as evidenced by exceed 80 percent of the costs thereof. on the books of the Treasury a fund to be signed Memorandums of Understanding that (3) For long range activities undertaken in known as the ‘National Outreach and Com- clearly define the responsibilities and rela- partnership with private entities for the pur- munications Fund’. tion of all parties to a partnership arrange- poses of section 755(b) of this subtitle, the ‘‘(2) CREDITS.—There shall be credited to ment, including institutional relationships, Federal share payable on account of such ac- the Fund— and financial agreements needed to support tivities shall not exceed 50 percent of the ‘‘(A) out of the balance of each such annual deployment, and commitment to the criteria costs thereof. appropriation remaining after the distribu- provided in paragraphs (3) through (7) of this (4) The Secretary shall seek maximum par- tion and use under subsections (a) and (b), subsection; ticipation in the funding of such activities respectively, the sum of— (3) demonstrate commitment to a com- under this subtitle from other public and pri- ‘‘(i) $5,000,000 for the fiscal year 1998; prehensive plan of fully integrated ITS de- vate sources, and shall minimize the use of ‘‘(ii) $6,000,000 for fiscal year 1999; ployment in accordance with the national funds provided under this subtitle for the ‘‘(iii) $7,000,000 for fiscal year 2000; ITS architecture and established ITS stand- construction or long-term acquisition of ‘‘(iv) $8,000,000 for fiscal year 2001; and ards and protocols; buildings and grounds. ‘‘(v) $10,000,000 for fiscal year 2002; and S10174 CONGRESSIONAL RECORD — SENATE September 29, 1997 ‘‘(B) amounts allocated to it under sub- ‘‘(2) consult with anglers, boaters, the cation, and quality of facilities providing ac- section (d). sportfishing and boating industries, and the cess to recreational waters for all sizes of ‘‘(3) CARRYFORWARD.—Amounts credited to general public; and recreational boats. the fund under paragraph (2) shall remain ‘‘(3) establish priorities for the State out- ‘‘(2) STATE SURVEYS.—Within 18 months available for 2 fiscal years after the fiscal reach and communications program pro- after such date of enactment, each State year in which credited. Amounts credited to posed for implementation.’’. that agrees to conduct a public boat access the fund under that paragraph that are unob- SEC. 804. CLEAN VESSEL ACT FUNDING. needs survey following the recommended na- ligated by the Secretary of the Interior more Section 4(b) of the 1950 Act (16 U.S.C. tional framework shall report its findings to than 2 years after the fiscal year in which 777c(b)) is amended to read as follows: the Secretary for use in the development of credited shall be available to the Secretary ‘‘(b) USE OF BALANCE AFTER DISTRIBU- a comprehensive national assessment of rec- under subsection (e).’’; TION.— reational boat access needs and facilities. (4) by inserting a comma and ‘‘for an out- ‘‘(1) FISCAL YEAR 1998.—For fiscal year 1998, ‘‘(3) EXCEPTION.—Paragraph (2) does not reach and communications program’’ after of the balance remaining after making the apply to a State if, within 18 months after ‘‘Act’’ in subsection (d), as so redesignated; distribution under subsection (a), an amount such date of enactment, the Secretary cer- (5) by striking ‘‘subsections (a) and (b),’’ in equal to $51,000,000 shall be used as follows: tifies that the State has developed and is im- subsection (d), as so redesignated, ‘‘sub- ‘‘(A) $31,000,000 for fiscal year 1998 shall be plementing a plan that ensures there are and sections (a), (b), and (c),’’; transferred to the Secretary of Transpor- will be public boat access adequate to meet (6) by adding at the end of subsection (d), tation and shall be expended for State rec- the needs of recreational boaters on its wa- as so redesignated, the following: ‘‘Of the reational boating safety programs under sec- ters. sum available to the Secretary of the Inte- tion 13106 of title 46, United States Code; ‘‘(4) FUNDING.—A State that conducts a rior under this subsection for any fiscal year, ‘‘(B) $10,000,000 shall be available for each public boat access needs survey under para- not more than $2,500,000 is authorized to be fiscal year to the Secretary of the Interior graph (2) may fund the costs of conducting allocated to the National Outreach and Com- for 3 years for obligation for qualified that assessment out of amounts allocated to munications Fund. No funds available to the projects under section 5604(c) of the Clean it as funding dedicated to motorboat access Secretary under this subsection may be used Vessel Act of 1992 (33 U.S.C. 1322 note); and to recreational waters under subsection to replace funding traditionally provided ‘‘(C) $10,000,000 shall be available for each (b)(1) of this section.’’. through general appropriations, nor for any fiscal year to the Secretary of the Interior (c) PLAN.—Within 6 months after submit- purposes except those purposes authorized by for 3 years for obligation for qualified ting a survey to the Secretary under section this Act. The Secretary shall publish a de- projects under section (5)(d) of the 8(g) of the Act entitled ‘‘An Act to provide tailed accounting of the projects, programs, Sportfishing and Boating Improvement Act that the United States shall aid the States and activities funded under this subsection of 1997. in fish restoration and management projects, annually in the Federal Register.’’; and ‘‘(2) FISCAL YEARS 1999–2003.—For each of and for other purposes,’’ approved August 9, (7) by striking ‘‘subsections (a), (b), and fiscal years 1999 through 2003, the balance of 1950 (16 U.S.C. 777g(g)), as added by sub- (c),’’ in subsection (e), as so redesignated, each annual appropriation remaining after section (b) of this section, a State may de- and inserting ‘‘subsections (a), (b), (c), and making the distribution under subsection velop and submit to the Secretary a plan for (d),’’. (a), an amount equal to $84,000,000, reduced the construction, renovation, and mainte- (c) INCREASE IN STATE ALLOCATION.—Sec- nance of public facilities, and access to those tion 8 of the 1950 Act (16 U.S.C. 777g) is by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Ac- facilities, for transient nontrailerable rec- amended— reational vessels to meet the needs of 1 count of the Aquatic Resources Trust Fund (1) by striking ‘‘12 ⁄2 percentum’’ each place nontrailerable recreational vessels operating it appears in subsection (b) and inserting ‘‘15 established by section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 9504) to carry on navigable waters in the State. percent’’; (d) GRANT PROGRAM.— (2) by striking ‘‘10 percentum’’ in sub- out the purposes of section 13106(a) of title 46, United States Code, shall be used as fol- (1) MATCHING GRANTS.—The Secretary of section (c) and inserting ‘‘15 percent’’; the Interior shall obligate amounts made (3) by inserting ‘‘and communications’’ in lows: available under section 4(b)(1)(C) of the Act subsection (c) after ‘‘outreach’’; and ‘‘(A) $10,000,000 shall be available for each (4) by redesignating subsection (d) as sub- fiscal year to the Secretary of the Interior entitled ‘‘An Act to provide that the United section (f); and by inserting after subsection for 3 years for obligation for qualified States shall aid the States in fish restora- (c) the following: projects under section 5604(c) of the Clean tion and management projects, and for other purposes,’’ approved August 9, 1950 (16 U.S.C. ‘‘(d) NATIONAL OUTREACH AND COMMUNICA- Vessel Act of 1992 (33 U.S.C. 1322 note); TIONS PROGRAM.— ‘‘(B) $10,000,000 shall be available for each 777c(b)(1)(C)) to make grants to any State to ‘‘(1) IMPLEMENTATION.—Within 1 year after fiscal year to the Secretary of the Interior pay not more than 75 percent of the cost to the date of enactment of the Sportfishing for 3 years for obligation for qualified a State of constructing, renovating, or main- and Boating Improvement Act of 1997, the projects under section (5)(d) of the taining public facilities for transient Secretary of the Interior shall develop and Sportfishing and Boating Improvement Act nontrailerable recreational vessels. (2) PRIORITIES.—In awarding grants under implement, in cooperation and consultation of 1997; and with the Sport Fishing and Boating Partner- ‘‘(C) the balance shall be transferred for paragraph (1), the Secretary shall give prior- ship Council, a national plan for outreach each such fiscal year to the Secretary of ity to projects that— (A) consist of the construction, renovation, and communications. Transportation and shall be expended for or maintenance of public facilities for tran- ‘‘(2) CONTENT.—The plan shall provide— State recreational boating safety programs sient nontrailerable recreational vessels in ‘‘(A) guidance, including guidance on the under section 13106 of title 46, United States accordance with a plan submitted by a State development of an administrative process Code. under subsection (c); and funding priorities, for outreach and com- ‘‘(3) Amounts available under subpara- (B) provide for public/private partnership munications programs; and graphs (A) and (B) of paragraph (1) and para- efforts to develop, maintain, and operate fa- ‘‘(B) for the establishment of a national graph (2) that are unobligated by the Sec- cilities for transient nontrailerable rec- program. retary of the Interior after 3 years shall be ‘‘(3) SECRETARY MAY MATCH OR FUND PRO- reational vessels; and transferred to the Secretary of Transpor- GRAMS.—Under the plan, the Secretary may (C) propose innovative ways to increase the tation and shall be expended for State rec- obligate amounts from the National Out- availability of facilities for transient reational boating safety programs under sec- reach and Communications Fund under sec- nontrailerable recreational vessels. tion 13106(a) of title 46, United States Code.’’. tion 4(c) of this Act— (e) DEFINITIONS.—For purposes of this sec- ‘‘(A) to make grants to any State or pri- SEC. 805. BOATING INFRASTRUCTURE. tion, the term— vate entity to pay all or any portion of the (a) PURPOSE.—The purpose of this section (1) ‘‘nontrailerable recreational vessel’’ cost of carrying out any outreach or commu- is to provide funds to States for the develop- means a recreational vessel 26 feet in length nications program under the plan; or ment and maintenance of public facilities for or longer— ‘‘(B) to fund contracts with States or pri- transient nontrailerable recreational vessels. (A) operated primarily for pleasure; or vate entities to carry out such a program. (b) SURVEY.—Section 8 of the 1950 Act (16 (B) leased, rented, or chartered to another ‘‘(4) REVIEW.—The plan shall be reviewed U.S.C. 777g), as amended by section 803, is for the latter’s pleasure; periodically, but not less frequently than amended by adding at the end thereof the (2) ‘‘public facilities for transient once every 3 years. following: nontrailerable recreational vessels’’ includes ‘‘(e) STATE OUTREACH AND COMMUNICATIONS ‘‘(g) SURVEYS.— mooring buoys, daydocks, navigational aids, PROGRAM.—Within 12 months after the com- ‘‘(1) NATIONAL FRAMEWORK.—Within 6 seasonal slips, or similar structure located pletion of the national plan under subsection months after the date of enactment of the on navigable waters, that are available to (d)(1), a State shall develop a plan for an out- Sportfishing and Boating Improvement Act the general public and designed for tem- reach and communications program and sub- of 1997, the Secretary, in consultation with porary use by nontrailerable recreational mit it to the Secretary. In developing the the States, shall adopt a national framework vessels; and plan, a State shall— for a public boat access needs assessment (4) ‘‘State’’ means each of the several ‘‘(1) review the national plan developed which may be used by States to conduct sur- States of the United States, the District of under subsection (d); veys to determine the adequacy, number, lo- Columbia, the Commonwealth of Puerto September 29, 1997 CONGRESSIONAL RECORD — SENATE S10175 Rico, Guam, American Samoa, the Virgin Is- cers, and for other purposes; to the alarming 60 percent of all police pur- lands, and the Commonwealth of the North- Committee on Commerce, Science, and suits originate from minor traffic vio- ern Mariana Islands. Transportation. lations. The result is that the safety of (f) EFFECTIVE DATE.—This section shall the general public—and the dangers take effect on October 1, 1997. THE NATIONAL POLICE PURSUIT POLICY ACT OF 1997 that are created by high-speed chases SEC. 806. BOAT SAFETY FUNDS. Mr. DORGAN. Mr. President, when in city traffic—become secondary to (a) IN GENERAL.—Section 13106 of title 46, United States Code, is amended— Police Chief John Whetsel pulled up to catching someone whose initial offense (1) by striking the first sentence of sub- the scene of a fiery car wreck, he never may have been no greater than driving section (a)(1) and inserting the following: expected to recognize the charred re- a car with a broken tail-light. ‘‘Subject to paragraph (2) and subsection (c), mains of a familiar vehicle. After re- Increased training and education are the Secretary shall expend in each fiscal ceiving word that a highway patrol essential in addressing this problem. year for State recreational boating safety cruiser’s 100-miles-per-hour pursuit of a Every single law enforcement jurisdic- programs, under contracts with States under fleeing motorcycle had led to a terrible tion in the United States must adopt a this chapter, an amount equal to the sum of accident involving several bystanders, reasoned, and well-balanced pursuit (A) the amount appropriated from the Boat policy. With 73 percent of all police of- Safety Account for that fiscal year and (B) Chief Whetsel hurried to the scene. Upon his arrival, Chief Whetsel ficers reporting that they have been in- the amount transferred to the Secretary volved in a high-speed pursuit in the under section 4(b)(1) of the Act of August 9, quickly recognized his family’s smol- 1950 (16 U.S.C. 777c(b)(1)).’’; and dering automobile and let out a long last 12 months, these officers need spe- (2) by striking subsection (c) and inserting cry of anguish as he discovered that his cialized training in this area. Cur- the following: wife and two daughters were the vic- rently, new studies show that on aver- ‘‘(c) Of the amount transferred for each fis- tims of this terrible accident. Unfortu- age only 14 hours of driver training is cal year to the Secretary of Transportation nately, 1995 statistics show that 40 per- provided to new law enforcement re- under section 4(b)(1)(A) of the Act of August cent of all high-speed pursuits end in cruits, with the majority of this time 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is avail- used for the mechanics of driving rath- able to the Secretary for payment of ex- accidents, causing needless death and injury to our Nation’s families. er than practicing safe and effective penses of the Coast Guard for personnel and high-speed pursuit procedures. In addi- activities directly related to coordinating I certainly understand the pain that and carrying out the national recreational Chief Whetsel endured. My mother was tion, statistics show that there is a de- boating safety program under this title. killed in a high-speed police chase on crease in high-speed pursuits when law Amounts made available by this subsection her drive from a local Bismarck, ND enforcement officers are properly shall remain available until expended. The hospital. Eyewitnesses say that the trained in this area. Secretary shall publish annually in the Fed- Specific training on departmental speed of this chase was 80 to 100 miles eral Register a detailed accounting of the pursuit policies and regular followup an hour through the city streets. She projects, programs, and activities funded training is necessary to guarantee that died as the drunk lawbreaker fishtailed under this subsection.’’. all citizens, both civilians and police, his pickup truck racing away from pur- (b) CONFORMING AMENDMENTS.— receive the benefit of uniform aware- (1) The caption for section 13106 of title 46, suing officers. She was a wonderful ness of this problem. There must be a United States Code, is amended to read as woman, and it was a senseless and national realization that there are cir- follows: painful loss of life. cumstances in which police should not ‘‘§ 13106. Authorization of appropriations’’. There are countless other tragic ex- conduct a chase, and our officers (2) The chapter analysis for chapter 131 of amples. In fact, there is an entire orga- should be commended for making these title 46, United States Code, is amended by nization, called STOPP, dedicated to important, lifesaving choices. A drive striking the item relating to section 13106 raising the awareness of the dangers of across country should not be a ‘‘pot and inserting the following: high speed police pursuits. The mem- luck’’ regarding one’s chances of being ‘‘13106. Authorization of appropriations’’. bers of their board have very strong SEC. 807. FUNDS FOR RECREATIONAL BOATING maimed or killed by a police pursuit. convictions on this issue, for each of I want to stress that the police are SAFETY. them also lost a family member or a (a) ALLOCATION OF FUNDS TO INSULAR not the villains here. It is the folks friend who was an innocent victim of a AREAS.—Section 13103 of title 46, United that run from the police who are the States Code, is amended— high speed chase. villains. We must focus on the fleeing (1) by inserting ‘‘(1) before ‘‘The Sec- Mr. President, today I rise to intro- lawbreakers who are initiating these retary’’ in subsection (a); duce the National Police Pursuit Pol- chases. The punishment for fleeing the (2) by redesignating paragraphs (1), (2), and icy Act of 1997. It is my hope that this police should be certain and severe. (3) of subsection (a) as subparagraphs (A), legislation, if enacted, would help pre- People should be aware that if they flee (B), and (C), respectively; vent tragic losses like the episode that (3) by adding at the end of subsection (a) they will pay a big price for doing so. occurred to Chief Whetsel, my family, The legislation that I am introducing the following: and so many others. High speed chases ‘‘(2) The amount allocated to each of the today would require the enactment of insular areas under this subsection shall not are dangerous and occur too fre- State laws making it unlawful for the exceed one-half of one percent of the total quently, and the human losses result- driver of a motor vehicle to take eva- amount allocated under paragraph (1).’’; ing from high-speed police pursuits in sive action if pursued by police and (4) by striking ‘‘year.’’ in subsection (b) the last several years continue to would establish a standard minimum and inserting the following: ‘‘year, except mount. While we are finally seeing penalty of 3 months imprisonment and that, in the case of the insular areas, the re- some initiative being taken by various the seizure of the driver’s vehicle. In quirement for local matching funds is waived States and local communities to ad- for amounts under $200,000.’’; and addition, my bill would require each (5) by adding at the end thereof the follow- dress this problem, these efforts must law enforcement agency to establish a ing: extend to all State and local jurisdic- hot-pursuit policy and provide that all ‘‘(d) For purposes of this section, the term tions in this country to attack the officers receive adequate training in ‘insular areas’ means American Samoa, problem. accordance with that policy. Guam, the Northern Mariana Islands, and According to the U.S. Department of Mr. President, this public safety the Virgin Islands.’’. Transportation, there were 377 deaths problem is not an easy issue to solve. I (b) AVAILABILITY OF ALLOCATIONS.—Section nationwide in 1996, and 27 percent of understand that it will always be dif- 13104(a) of such title is amended— these deaths were police officers or in- ficult for police officers to judge when (1) by striking ‘‘3 years’’ in paragraph (1) nocent bystanders that died as a result and inserting ‘‘2 years’’; and a chase is getting out of hand and when (2) by striking ‘‘3-year’’ in paragraph (2) of high-speed chases. Many chases public safety would be served best by and inserting ‘‘2-year’’. begin as motorists—whether out of holding back. However, it can improve fright, panic, or guilt—flee at high the situation if we ensure that police By Mr. DORGAN: speeds instead of pulling over when a officers are trained on how best to S. 1236. A bill to amend title 23, Unit- police vehicle turns on its lights and make these difficult judgments, and if ed States Code, to provide for a na- siren. Unfortunately, some police be- we send a message to motorists that if tional program concerning motor vehi- come determined to apprehend the flee- you flee, you will do time in jail and cle pursuits by law enforcement offi- ing motorists at all costs, and an lose your car. S10176 CONGRESSIONAL RECORD — SENATE September 29, 1997 I believe that these requirements, if ‘‘(F) on and after January 1, 1999, have in S. 1052 passed, will demonstrate strong and effect throughout the State— At the request of Mr. FAIRCLOTH, his uniform Federal leadership in response ‘‘(i) a law that— name was added as a cosponsor of S. ‘‘(I) makes it unlawful for the driver of a to this problem. Consequently, I ask motor vehicle to increase speed or to take 1052, a bill to amend the Andean Trade unanimous consent that the full text of any other deliberately evasive action if a law Preference Act to prohibit the provi- this bill be printed in the RECORD, and enforcement officer clearly signals the driver sion of duty-free treatment for live I urge my colleagues to support this to stop the motor vehicle; and plants and fresh cut flowers described important measure. ‘‘(II) provides that any driver who violates in chapter 6 of the Harmonized Tariff There being no objection, the bill was that law shall be subject to a minimum pen- Schedule of the United States. alty of— ordered to be printed in the RECORD, as S. 1056 follows: ‘‘(aa) imprisonment for a period of not less than 3 months; and At the request of Mr. BURNS, the S. 1236 ‘‘(bb) seizure of the motor vehicle at issue; names of the Senator from Kansas [Mr. Be it enacted by the Senate and House of Rep- and BROWNBACK], the Senator from Kansas resentatives of the United States of America in ‘‘(ii) a requirement that each State agency [Mr. ROBERTS], the Senator from Ken- Congress assembled, and each agency of a political subdivision of tucky [Mr. MCCONNELL], the Senator SECTION 1. SHORT TITLE. the State that employs law enforcement offi- from Iowa [Mr. HARKIN], and the Sen- cers who, in the course of employment, may This Act may be cited as the ‘‘National Po- ator from Illinois [Ms. MOSELEY- lice Pursuit Policy Act of 1997’’. conduct a motor vehicle pursuit shall— BRAUN] were added as cosponsors of S. SEC. 2. FINDINGS. ‘‘(I) have in effect a policy that meets requirements that the Secretary shall estab- 1056, a bill to provide for farm-related Congress finds that— exemptions from certain hazardous ma- (1) in 1996— lish concerning the manner and cir- (A) 377 deaths occurred in the United cumstances in which a motor vehicle pursuit terials transportation requirements. States as a result of high-speed motor vehi- may be conducted by law enforcement offi- S. 1081 cers; cle pursuits; and At the request of Mr. LEAHY, the (B) 103 of those deaths were police officers ‘‘(II) train all law enforcement officers of the agency in accordance with the policy re- names of the Senator from Hawaii [Mr. or innocent bystanders who died as a result INOUYE] and the Senator from Washing- of high-speed motor vehicle pursuits; ferred to in subclause (I); and ton [Mrs. MURRAY] were added as co- (2) in 1995, of the high-speed motor vehicle ‘‘(III) for each fiscal year, transmit to the pursuits conducted during that year, ap- chief executive officer of the State a report sponsors of S. 1081, a bill to enhance proximately— containing information on each motor vehi- the rights and protections for victims (A) 40 percent resulted in accidents; cle pursuit conducted by a law enforcement of crime. officer of the agency.’’. (B) 20 percent resulted in injury; and S. 1105 SEC. 4. REPORTING REQUIREMENT. (C) 1 percent resulted in death; OCHRAN (a) IN GENERAL.—Not later than 180 days At the request of Mr. C , the (3) a recent study found that approxi- names of the Senator from Virginia mately 60 percent of high-speed motor vehi- after the date of enactment of this Act, the cle pursuits resulted from pursuits that were Attorney General of the United States, the [Mr. WARNER] and the Senator from not related to felony offenses; Secretary of Agriculture, the Secretary of Tennessee [Mr. FRIST] were added as (4) an insufficient amount of statistical the Interior, the Secretary of the Treasury, cosponsors of S. 1105, a bill to amend data and documentation concerning high- the Chief of the Capitol Police, and the Ad- the Internal Revenue Code of 1986 to speed motor vehicle pursuits is available; ministrator of General Services shall each transmit to Congress a report containing— provide a sound budgetary mechanism (5) a recent study found that although only (1) the policy of the department or agency for financing health and death benefits 31 percent of law enforcement agencies main- headed by that individual concerning motor of retired coal miners while ensuring tain consistent records on motor vehicle pur- vehicle pursuits by law enforcement officers the long-term fiscal health and sol- suits made by law enforcement officers, 71 of that department or agency; and percent of those agencies were able to pro- vency of such benefits, and for other (2) a description of the procedures that the vide data on the number of high-speed motor purposes. department or agency uses to train law en- vehicle pursuits conducted; SENATE CONCURRENT RESOLUTION 48 forcement officers in the implementation of (6) a recent study found that— the policy referred to in paragraph (1). At the request of Mr. KYL, the names (A) 73 percent of the law enforcement offi- (b) REQUIREMENT.—Each policy referred to of the Senator from Utah [Mr. HATCH] cers polled had been involved in a high-speed in subsection (a)(1) shall meet the require- and the Senator from Michigan [Mr. motor vehicle pursuit during the 12-month ments established by the Secretary of Trans- ABRAHAM] were added as cosponsors of period preceding the date of the polling; and portation pursuant to section (B) 40 percent of those officers reported Senate Concurrent Resolution 48, a 402(b)(1)(F)(ii)(I) of title 23, United States concurrent resolution expressing the that an accident resulted from a high-speed Code, concerning the manner and cir- motor vehicle pursuit in which the officer cumstances in which a motor vehicle pursuit sense of the Congress regarding pro- participated; may be conducted. liferation of missile technology from (7) a recent study found that most law en- f Russia to Iran. forcement recruits who receive training to SENATE RESOLUTION 119 become law enforcement officers receive ADDITIONAL COSPONSORS only an average of 14 hours of training for At the request of Mr. FEINGOLD, the S. 627 driving skills, and a majority of that time is name of the Senator from South Da- used to provide training in the mechanics of At the request of Mr. JEFFORDS, the kota [Mr. JOHNSON] was added as a co- driving instead of providing practice for safe name of the Senator from Illinois [Ms. sponsor of Senate Resolution 119, a res- and effective high-speed motor vehicle pur- MOSELEY-BRAUN] was added as a co- olution to express the sense of the Sen- suit procedures; and sponsor of S. 627, a bill to reauthorize ate that the Secretary of Agriculture (8) a recent study found that an increased the African Elephant Conservation should establish a temporary emer- emphasis on the high-speed motor vehicle Act. gency minimum milk price that is eq- pursuit policies, procedures, and training de- S. 887 creases the occurrence of high-speed motor uitable to all producers nationwide and At the request of Ms. MOSELEY- vehicle pursuits, as the recruits who receive that provides price relief to economi- training that includes special training for ef- BRAUN, the names of the Senator from cally distressed milk producers. Maine [Ms. SNOWE] and the Senator fective high-speed motor vehicle pursuits f were less likely to engage in those pursuits. from Maine [Ms. COLLINS] were added SEC. 3. MOTOR VEHICLE PURSUIT REQUIRE- as cosponsors of S. 887, a bill to estab- AMENDMENTS SUBMITTED MENTS FOR STATE HIGHWAY SAFE- lish in the National Service the Na- TY PROGRAMS. tional Underground Railroad Network Section 402(b)(1) of title 23, United States to Freedom program, and for other pur- THE BIPARTISAN CAMPAIGN Code, is amended— poses. REFORM ACT OF 1997 (1) in each of subparagraphs (A) through S. 981 (D), by striking the period at the end and inserting a semicolon; At the request of Mr. THOMPSON, the name of the Senator from Minnesota LOTT (AND WARNER) AMENDMENT (2) in subparagraph (E), by striking the pe- NO. 1258 riod at the end and inserting ‘‘; and’’; and [Mr. GRAMS] was added as a cosponsor (3) by adding at the end the following new of S. 981, a bill to provide for analysis Mr. LOTT (for himself and Mr. WAR- subparagraph: of major rules. NER) proposed an amendment to the September 29, 1997 CONGRESSIONAL RECORD — SENATE S10177 bill (S. 25) to reform the financing of Strike all after the word ‘‘SEC.’’ in the Strike all after the first word in the pend- Federal elections; as follows: pending amendment and insert the following: ing amendment and insert the following: Strike all of section 501, and insert the fol- 501. PAYCHECK PROTECTION ACT. PROTECTION ACT. lowing: (a) IN GENERAL.—Section 316 of the Federal (a) IN GENERAL.—Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) Election Campaign Act of 1971 (2 U.S.C. 441b) SEC. 501. PAYCHECK PROTECTION ACT. is amended by adding the following new sub- is amended by adding the following new sub- (a) IN GENERAL.—Section 316 of the Federal section: section: Election Campaign Act of 1971 (2 U.S.C. 441b) ‘‘(c)(1) Except with the separate, prior, ‘‘(c)(1) Except with the separate, prior, is amended by adding the following new sub- written, voluntary authorization of each in- written, voluntary authorization of each in- section: dividual, it shall be unlawful— dividual, it shall be unlawful— ‘‘(c)(1) Except with the separate, prior, ‘‘(A) for any national bank or corporation ‘‘(A) for any national bank or corporation written, voluntary authorization of each in- described in this section to collect from or described in this section to collect from or dividual, it shall be unlawful— assess its stockholders or employees any assess its stockholders or employees any ‘‘(A) for any national bank or corporation dues, initiation fee, or other payment as a dues, initiation fee, or other payment as a described in this section to collect from or condition of employment if any part of such condition of employment if any part of such assess its stockholders or employees any dues, fee, or payment will be used for politi- dues, fee, or payment will be used for politi- dues, initiation fee, or other payment as a cal activities in which the national bank or cal activities in which the national bank or condition of employment if any part of such corporation, as the case may be, is engaged; corporation, as the case may be, is engaged; dues, fee, or payment will be used for politi- and and cal activities in which the national bank or ‘‘(B) for any labor organization described ‘‘(B) for any labor organization described corporation, as the case may be, is engaged; in this section to collect from or assess its in this section to collect from or assess its and members or nonmembers any dues, initiation members or nonmembers any dues, initiation ‘‘(B) for any labor organization described fee, or other payment if any part of such fee, or other payment if any part of such in this section to collect from or assess its dues, fee, or payment will be used for politi- dues, fee, or payment will be used for politi- members or nonmembers any dues, initiation cal activities. cal activities. fee, or other payment if any part of such ‘‘(2) An authorization described in para- ‘‘(2) An authorization described in para- dues, fee, or payment will be used for politi- graph (1) shall remain in effect until revoked graph (1) shall remain in effect until revoked cal activities. and may be revoked at any time. and may be revoked at any time. ‘‘(2) An authorization described in para- ‘‘(3) For purposes of this subsection, the ‘‘(3) For purposes of this subsection, the graph (1) shall remain in effect until revoked term ‘political activities’ includes commu- term ‘political activities’ includes commu- and may be revoked at any time. nications or other activities which involve nications or other activities which involve ‘‘(3) For purposes of this subsection, the carrying on propaganda, attempting to influ- carrying on propaganda, attempting to influ- term ‘political activities’ includes commu- ence legislation, or participating or inter- ence legislation, or participating or inter- nications or other activities which involve vening in any political campaign or political vening in any political campaign or political carrying on propaganda, attempting to influ- party.’’ party.’’ ence legislation, or participating or inter- (b) EFFECTIVE DATE.—This section shall (b) EFFECTIVE DATE.—This section shall vening in any political campaign or political take effect two days after enactment of this take effect four days after enactment of this party.’’ Act. Act.

LOTT AMENDMENT NO. 1259 LOTT AMENDMENT NO. 1261 LOTT AMENDMENT NO. 1263 Mr. LOTT proposed an amendment to Mr. LOTT proposed an amendment to Mr. LOTT proposed an amendment to amendment No. 1258 proposed by him the bill, S. 25, supra; as follows: the motion to recommit the bill, S. 25, to the bill, S. 25, supra; as follows: On page 42, in the language proposed to be supra; as follows: In lieu of the matter proposed to be in- stricken, strike all after ‘‘SEC. 501.’’ through At the end of the instructions add the fol- serted insert the following: the end of the page, and insert the following: lowing: SEC. 501. PAYCHECK PROTECTION ACT. PAYCHECK PROTECTION ACT. ‘‘with an amendment as follows: (a) IN GENERAL.—Section 316 of the Federal (a) IN GENERAL.—Section 316 of the Federal Strike all of section 501 and insert the fol- Election Campaign Act of 1971 (2 U.S.C. 441b) Election Campaign Act of 1971 (2 U.S.C. 441b) lowing: is amended by adding the following new sub- is amended by adding the following new sub- SEC. . PAYCHECK PROTECTION ACT. section: section: (a) IN GENERAL.—Section 316 of the Federal ‘‘(c)(1) Except with the separate, prior, ‘‘(c)(1) Except with the separate, prior, Election Campaign Act of 1971 (2 U.S.C. 441b) written, voluntary authorization of each in- written, voluntary authorization of each in- is amended by adding the following new sub- dividual, it shall be unlawful— dividual, it shall be unlawful— section: ‘‘(A) for any national bank or corporation ‘‘(A) for any national bank or corporation ‘‘(c)(1) Except with the separate, prior, described in this section to collect from or described in this section to collect from or written, voluntary authorization of each in- assess its stockholders or employees any assess its stockholders or employees any dividual, it shall be unlawful— dues, initiation fee, or other payment as a dues, initiation fee, or other payment as a ‘‘(A) for any national bank or corporation condition of employment if any part of such condition of employment if any part of such described in this section to collect from or dues, fee, or payment will be used for politi- dues, fee, or payment will be used for politi- assess its stockholders or employees any cal activities in which the national bank or cal activities in which the national bank or dues, initiation fee, or other payment as a corporation, as the case may be, is engaged; corporation, as the case may be, is engaged; condition of employment if any part of such and and dues, fee, or payment will be used for politi- ‘‘(B) for any labor organization described ‘‘(B) for any labor organization described cal activities in which the national bank or in this section to collect from or assess its in this section to collect from or assess its corporation, as the case may be, is engaged; members or nonmembers any dues, initiation members or nonmembers any dues, initiation and fee, or other payment if any part of such fee, or other payment if any part of such ‘‘(B) for any labor organization described dues, fee, or payment will be used for politi- dues, fee, or payment will be used for politi- in this section to collect from or assess its cal activities. cal activities. members or nonmembers any dues, initiation ‘‘(2) An authorization described in para- ‘‘(2) An authorization described in para- fee, or other payment if any part of such graph (1) shall remain in effect until revoked graph (1) shall remain in effect until revoked dues, fee, or payment will be used for politi- and may be revoked at any time. and may be revoked at any time. cal activities. ‘‘(3) For purposes of this subsection, the ‘‘(3) For purposes of this subsection, the ‘‘(2) An authorization described in para- term ‘political activities’ includes commu- term ‘political activities’ includes commu- graph (1) shall remain in effect until revoked nications or other activities which involve nications or other activities which involve and may be revoked at any time. carrying on propaganda, attempting to influ- carrying on propaganda, attempting to influ- ‘‘(3) For purposes of this subsection, the ence legislation, or participating or inter- ence legislation, or participating or inter- term ‘political activities’ includes commu- vening in any political campaign or political vening in any political campaign or political nications or other activities which involve party.’’ party.’’ carrying on propaganda, attempting to influ- (b) EFFECTIVE DATE.—This section shall (b) EFFECTIVE DATE.—This section shall ence legislation, or participating or inter- take effect one day after enactment of this take effect three days after enactment of vening in any political campaign or political Act. this Act. party.’’

LOTT AMENDMENT NO. 1260 LOTT AMENDMENT NO. 1262 LOTT AMENDMENT NO. 1264 Mr. LOTT proposed an amendment to Mr. LOTT proposed an amendment to Mr. LOTT proposed an amendment to amendment No. 1258 proposed by him amendment No. 1261 proposed by him amendment No. 1263 proposed by him to the bill, S. 25, supra; as follows: to the bill, S. 25, supra; as follows: to the bill, S. 25, supra; as follows: S10178 CONGRESSIONAL RECORD — SENATE September 29, 1997 In lieu of the matter proposed to be in- of the Senate and the public that a sovereign state of their own.’’ He also serted insert the following: hearing of the Senate Committee on spoke of its ‘‘supreme binding force.’’ SEC. . PAYCHECK PROTECTION ACT. Labor and Human Resources will be Since then, the people who present (a) IN GENERAL.—Section 316 of the Federal held on Tuesday, September 30, 1997, 10 themselves as the guardians of Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding the following new sub- a.m., in SD–430 of the Senate Dirksen Slovakia’s statehood have undermined section: Building. The subject of the hearing is Slovakia’s constitution. ‘‘(c)(1) Except with the separate, prior, Tobacco Settlement part III. For fur- This is what they have done. written, voluntary authorization of each in- ther information, please call the com- This May, the Ministry of Interior ig- dividual, it shall be unlawful— mittee, 202/224–5375. nored the Constitutional Court’s ruling ‘‘(A) for any national bank or corporation and altered an important referendum COMMITTEE ON LABOR AND HUMAN RESOURCES described in this section to collect from or on NATO and on the direct election of Mr. JEFFORDS. Mr. President, I assess its stockholders or employees any the President, effectively denying the dues, initiation fee, or other payment as a would like to announce for information people of Slovakia their constitu- condition of employment if any part of such of the Senate and the public that a tionally guaranteed right to register dues, fee, or payment will be used for politi- hearing of the Senate Committee on cal activities in which the national bank or their views through a referendum. De- Labor and Human Resources will be corporation, as the case may be, is engaged; fending its actions, members of the and held on Wednesday, October 1, 1997, 10 Prime Minister’s party insisted that ‘‘(B) for any labor organization described a.m., in SD–430 of the Senate Dirksen they acted in conformity with the con- in this section to collect from or assess its Building. The subject of the hearing is members or nonmembers any dues, initiation stitution—as they interpreted it—and Voluntary Initiatives to Expand Health that they were justified in placing fee, or other payment if any part of such Insurance Coverage. For further infor- dues, fee, or payment will be used for politi- their views ahead of the ruling of the cal activities. mation, please call the committee, 202/ highest court in the land. ‘‘(2) An authorization described in para- 224–5375. The actions of the ruling coalition in graph (1) shall remain in effect until revoked COMMITTEE ON AGRICULTURE, NUTRITION, AND the case of Frantisek Gaulieder makes and may be revoked at any time. FORESTRY clear that the Meciar government has a ‘‘(3) For purposes of this subsection, the Mr. LUGAR. Mr. President, I would term ‘political activities’ includes commu- profound and fundamental disregard nications or other activities which involve like to announce that the Senate Com- for the constitution of Slovakia. carrying on propaganda, attempting to influ- mittee on Agriculture, Nutrition, and Then there is the case of Frantisek ence legislation, or participating or inter- Forestry has changed the hearing Gaulieder. vening in any political campaign or political schedule for October. The committee Frantisek Gaulieder is a member of party.’’ will meet on the following days: the Slovak Parliament who was re- ‘‘(b) EFFECTIVE DATE.—This section shall Tuesday, October 7, 1997 in SR–328A moved from office because he re- take effect one day after enactment of this Act. at 9 a.m. To consider the nomination of nounced his membership in Prime Min- Sally Thompson to be the Chief Finan- ister Vladimir Meciar’s party, the LOTT AMENDMENT NO. 1265 cial Officer for the U.S. Department of Movement for a Democratic Slovakia. Agriculture. The committee will also On July 25, the Constitutional Court Mr. LOTT proposed an amendment to consider other recently announced confirmed that the ruling coalition’s amendment No. 1264 proposed by him nominations whose paperwork is reaction which deprived Gaulieder of his to the bill. S. 25, supra; as follows: ceived in a timely manner. seat was unconstitutional and violated Strike all after the word ‘‘section’’ in the Wednesday, October 8, 1997 in SR– Gaulieder’s rights. But members of the first-degree amendment and insert the fol- Prime Minister’s coalition again lowing: 328A at 9 a.m. The purpose of this hear- claimed that they, and not the Con- PAYCHECK PROTECTION ACT. ing is to examine food safety issues and (a) IN GENERAL.—Section 316 of the Federal recent food safety legislation proposed stitutional Court, have the right to de- Election Campaign Act of 1971 (2 U.S.C. 441b) by the U.S. Department of Agriculture. termine what the constitution means, is amended by adding the following new sub- f and have declined to act to restore section: Gaulieder to his seat in Parliament. ‘‘(c)(1) Except with the separate, prior, AUTHORITY FOR COMMITTEE TO In short, the ‘‘supreme binding force’’ written, voluntary authorization of each in- MEET that Ivan Gasparovic spoke of 5 years dividual, it shall be unlawful— ‘‘(A) for any national bank or corporation ago no longer flows from the constitu- SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT tion, but from the will of Vladimir described in this section to collect from or AND THE COURTS Meciar. assess its stockholders or employees any Mr. BENNETT. Mr. President, I ask dues, initiation fee, or other payment as a When there are differences of opinion condition of employment if any part of such unanimous consent that the sub- as to what a constitution means, dues, fee, or payment will be used for politi- committee on Administrative Over- whether those differences arise be- cal activities in which the national bank or sight and the Courts, of the Senate tween branches of government or be- corporation, as the case may be, is engaged; Committee on the Judiciary, be au- tween the government and its citizens, and thorized to meet during the session of ‘‘(B) for any labor organization described in a state operating under the rule of the Senate on Monday, September 29, law, it is the job of a constitutional in this section to collect from or assess its 1997, at 2 p.m. to hold a hearing in members or nonmembers any dues, initiation court to interpret what the constitu- fee, or other payment if any part of such room 226, Senate Dirksen Building, on: tion means—not the Prime Minister or dues, fee, or payment will be used for politi- A Review of the FBI Crime Laboratory. Parliament. Although this principle is cal activities. The PRESIDING OFFICER. Without taken for granted in many parts of Eu- ‘‘(2) An authorization described in para- objection, it is so ordered. rope, and was established early in graph (1) shall remain in effect until revoked f and may be revoked at any time. American history by the famous Su- preme Court case of Marbury versus ‘‘(3) For purposes of this subsection, the ADDITIONAL STATEMENTS term ‘political activities’ includes commu- Madison, it has apparently not yet nications or other activities which involve been accepted in Slovakia. carrying on propaganda, attempting to influ- Mr. President, the Slovak Demo- ence legislation, or participating or inter- WHAT NEXT, MR. PRIME MIN- cratic Coalition has moved, four times, vening in any political campaign or political ISTER? DEMOCRACY HANGS IN to convene a special session of the Par- party.’’ THE BALANCE IN SLOVAKIA ON liament in order to implement the de- (b) EFFECTIVE DATE.—This section shall CONSTITUTION’S FIFTH ANNI- cision of the Constitutional Court and take effect two days after enactment of this VERSARY Act. restore Frantisek Gaulieder to his seat. f ∑ Mr. D’AMATO. Mr. President, 5 years Four times, however, Prime Minister ago, the speaker of the Slovak Par- Meciar’s coalition has boycotted their NOTICE OF HEARINGS liament, Ivan Gasparovic, described his own Parliament rather than face the COMMITTEE ON LABOR AND HUMAN RESOURCES country’s new constitution as ‘‘an ex- following dilemma: restore Gaulieder Mr. JEFFORDS. Mr. President, I pression of centuries-old emancipation to his seat—consistent with the Con- would like to announce for information efforts of the Slovak people to have a stitutional Court’s decision—and risk September 29, 1997 CONGRESSIONAL RECORD — SENATE S10179 the chance that others will follow lages. He has described that experience longer and collecting benefits longer. Gaulieder’s example and defect from as the toughest challenge and, at the It is imperative that our Social Secu- the Prime Minister’s party, or vote same time, one of the most gratifying rity program be ready to absorb such a down the Slovak Democratic Coali- things that he has done. Mr. President, huge influx of beneficiaries. The Com- tion’s proposal to restore Gaulieder to it has been my experience that our fin- missioner must be a leader in preparing his seat and confirm that whatever est military leaders are also people the agency and the program itself, to form of government exists in Slovakia, who are caring human beings. General meet this challenge. it is not constitutional democracy, at Shali’s compassion and humanity Preparing for the retirement of the least not as we understand it. comes clearly through in his recollec- baby boom generation is only half of Sooner or later, the Slovak Par- tion of his experience with the Iraqi the challenge. There are on-going prob- liament will reconvene. When it acts, Kurds who suffered so much at the lems that must be addressed as well. or fails to act, on the Gaulieder ques- hands of Saddam Hussein. The Social Security Administration tion, we will know whether Slovakia is General Shali also served in a num- has had difficulties protecting taxpayer committed to becoming a functioning ber of positions in Europe both during dollars. The General Accounting Office constitutional democracy. If it is not, and after the cold war. Just last week, recently elevated the Supplemental Se- what it will become is an isolated I had an opportunity along with Sen- curity Income Program to its high-risk State under constant international ators ROTH and BIDEN and other mem- list of Federal programs because of pressure and scrutiny, cut off from a bers of the Senate NATO Observer their inability to pay out the proper promising and prosperous future by the Group to meet with General Shali and amount of money. Huge overpayments arrogance and greed of its own leaders. the chiefs of defense of our NATO al- go out to beneficiaries—most of which As Vladimir Meciar is asked in his lies. I observed with pride the respect are never collected. Additional prob- weekly news show, what next, Mr. and admiration that the senior mili- lems exist in the Disability Insurance Prime Minister?∑ tary leaders of our NATO allies have Program. Prisoners and legal aliens f for General Shali. I am sure that it was have received benefits improperly. The also evident to them that all of the agency has not fulfilled its legislative TRIBUTE TO GEN. JOHN M. Senators at that meeting have the mandate to refer applicants and recipi- SHALIKASHVILI highest regard for General Shali. With ents of disability benefits to appro- ∑ Mr. LEVIN. Mr. President, I rise his European upbringing and his sev- priate rehabilitation. Addressing these today to pay tribute to Gen. John M. eral assignments in the European area, issues is very important because prob- Shalikashvili on the occasion of his re- including as NATO’s Supreme Allied lems in any one of the programs that tirement after serving on active duty Commander, General Shali has been a the Social Security Administration op- for more than 39 years, the last 4 years unique leader as NATO has been carry- erates undermines confidence in all of of which he has served as the Chairman ing out its internal adaptation and its the programs. of the Joint Chiefs of Staff. enlargement. I will say right now that I do not General Shalikashvili’s life is a mar- Mr. President, I am sure that there envy Mr. Apfel. He is endeavoring to velous American success story. Many will be a number of tributes paid to take on a job with many difficult chal- people are aware that he was born in general Shali here on the Senate floor, lenges. Having met with him person- Warsaw, Poland of stateless parents elsewhere in the Capital area, and ally, I can honestly say I believe he can and came to Peoria, IL, at the age of around the world. Some will no doubt do the job. It is my hope, however, that 16. What is not generally known, how- recount his extraordinary performance he will not fall into the practice of his ever, is that when he became a natural- as the Chairman of the Joint Chiefs of predecessors of not taking a pro-active ized American citizen shortly before he Staff. I have chosen to highlight only a stance with regard to policy issues graduated from Bradley University, it few and perhaps lesser known aspects faced by the Social Security Adminis- was the first nation of which he was a of General Shali’s career because I be- tration. When he sees the need for leg- citizen, and that he was drafted into lieve they demonstrate his qualities of islative action, or he sees problems the U.S. Army shortly after gradua- leadership, compassion, humanity, and with policies that must be changed— tion. He is the only Chairman of the courage. that he communicate with Congress Joint Chiefs of Staff who is a natural- General Shali has been a superb immediately. ized American citizen and the only Chairman, a true friend of the men and I hope he will see himself , in his ca- Chairman who was drafted into the women who serve our Nation, and I pacity as Commissioner, as a liaison to military. count myself fortunate to consider him the public, to the President, and to Mr. President, I won’t attempt to de- a good personal friend. I salute him for Congress to resolve some of the most scribe all of General Shalikashvili’s the former and cherish the latter.∑ important challenges that will face our military achievements, but I would f country and the Government over the like to include a few of his experiences KENNETH APFEL CONFIRMATION next 6 years. Most of all, SSA, like any that I believe molded his outlook and other Government agency, is an over- enabled him to perform in such a su- ∑ Mr. GRASSLEY. Mr. President, seer of taxpayer dollars—our money. perb fashion as our Nation’s senior today Mr. Ken Apfel will be sworn in That responsibility must be taken with military officer. for the position of Commissioner of the the utmost seriousness and delibera- General Shali, as he likes to be Social Security Administration. Mr. tion. If he can motivate his personnel called, served in Vietnam during the Apfel was confirmed earlier this month to do that—protect taxpayer dollars— Tet offensive and in Korea in the early to direct the agency responsible for ad- he will have a successful term as Com- 1970’s. His experience in combat and in ministering the largest domestic pro- missioner.∑ a theater in which U.S. forces faced a gram in the United States. Social Se- strong and unpredictable military foe curity will have an impact on the life f undoubtedly prepared him to be the of every single American at one time strong spokesman for the men and or another. I support Mr. Apfel’s con- BLACK CAREER WOMEN women in uniform and a strong advo- firmation to head this vital agency. ∑ Mr. DEWINE. Mr. President, I rise cate for maintaining our Nation’s mili- Mr. Apfel will guide the Social Secu- today to recognize the achievement of tary might second to none. rity program into the 21st century, a very valuable community organiza- I have been struck by General Shali’s bringing it right up to the edge of the tion in Cincinnati, OH. frequent reference to his experience in largest demographic shift this country The group—known as Black Career 1991 as the head of Operation Provide has ever seen. Starting in 2010, the Women, or BCW—has been serving the Comfort. This operation brought the baby boom generation—70 million African-American community in Cin- Iraqi Kurds down from the mountains strong—will begin entering retirement. cinnati and throughout the United of northern Iraq and eastern Turkey Because of the tremendous medical States for 20 years. Back in the early where thousands were dying and helped strides we have made in extending life 1980’s, BCW provided word processing them to return to their towns and vil- expectancy, this cohort will be living assistance and office-skill development S10180 CONGRESSIONAL RECORD — SENATE September 29, 1997 services to unemployed and under- panics, Congressman Frank Tejeda and PROTECTING RELIGIOUS FREEDOM employed women—to help them get de- musical artist Selena Perez. In their WORLDWIDE cent jobs with a living wage. own way, both of these individuals ∑ Mr. ABRAHAM. Mr. President, I rise This nonprofit organization provides demonstrated astonishing determina- today to draw the attention of my col- an extremely valuable service to cor- tion, which in turn reflected the vi- leagues to an article I recently read on porations and managers who are trying brancy and strength of the Hispanic the subject of religious freedom. The to develop and support successful community: Frank Tejeda, who author, Mr. Philip Peters, a senior fel- skills-development strategies for Afri- dropped out of high school from the low at the Alexis de Tocqueville Insti- can-American women. Working in part- south side of San Antonio and went on tution, offers a keen assessment of the nership with executives, BCW has to distinguish himself in military serv- tragedy that currently faces Christians helped improve the lives of countless ice in Vietnam, in higher education, in who are being persecuted in their women from corporate executives to the business world, and as a dedicated homelands. In his article, ‘‘Persecution entrepreneurs. public servant; and Selena who, at the Over the last two decades, more than and Redemption,’’ Mr. Peters makes young age of 23 became a pop icon, en- specific reference to the treatment of 10,000 women have benefited from the tertaining audiences in her hometown service of Black Career Women. Christians and other victims of reli- of Corpus Christi and throughout the gious persecution living in the former Black Career Women has been help- world with her unique brand of ing the African-American women in Soviet Union. ‘‘Tejano’’ music. Although the lives of It is unfortunate but true that tens the Cincinnati area and throughout the these two great Texans ended far too Nation achieve the goals of self-help of thousands of people in the former soon, they will forever inspire the tens and self-determination. They deserve Soviet Union cannot practice their re- of thousands of young Hispanics who the praise of all people who believe in ligion without encountering hostility will look to them and to the many diversity, economic progress, and inde- from their government. As the author other Hispanic leaders in our country pendence for working people. points out, ‘‘About one fourth of Rus- I ask all my colleagues to join me in as symbols of what can be achieved sia’s regional governments have laws extending our warmest congratulations through hard work, ambition, and the restricting religious activity.’’ on their 20th anniversary. They are support of the community. I agree with Mr. Peters’ assessment making a big difference for the better As a Texas and as a member of the that refugees from the former Soviet in the life of the Cincinnati area and Senate Republican Conference Task Union ‘‘deserve the support of anyone the entire nation.∑ Force on Hispanic Affairs, I remain concerned about Christians and other f committed to ensuring that the Amer- victims of religious persecution around ican dream continues to exist and to the world.’’ I have joined with Senators RECOGNITION OF HISPANIC come true for all Americans. Through KENNEDY, HATCH, and LEAHY in urging HERITAGE MONTH my activities on this task force and in President Clinton to restore the refu- ∑ Mrs. HUTCHISON. Mr. President, I the Senate, as well as through daily gee ceiling on refugees from the former am proud to be able to speak today, as contact with my constituents, I have Soviet Union in fiscal year 1998 to its many of my colleagues have done re- worked hard to ensure that the needs level in fiscal year 1997. cently, on the significance of Hispanic and concerns of the Hispanic commu- Mr. President, I ask that Mr. Peters’ Heritage Month, being commemorated nity are heard and responded to. While article be printed in the RECORD. from September 15 through October 15. we all share the goal of improving our The article follows: For almost 30 years, we as a nation country and the opportunities for our [From the Washington Times, Sept. 25, 1997] have, in this way, formally acknowl- children, there are economic and other PERSECUTION AND REDEMPTION edged and celebrated the contributions concerns that disproportionately im- (By Philip Peters) Hispanic Americans have made and are pact the Hispanic community. I believe This year, Washington has caught on to a making to our country. we in Congress must continue to ad- fact that human rights activists have known Mr. President, in my home State of dress those concerns by pursuing poli- for some time: Persecution of Christians is Texas, Hispanics are an intrinsic and cies that promote education, health on the rise around the world. This issue was dynamic part of our history, culture, care, urban renewal, and a business en- at the center of the debate on China’s trade economy, and civic life. From El Paso vironment that encourages entre- status, and the State Department issued a to Texarkana, and from Amarillo to special report on it in July. preneurial activity and risk taking. Now, the question is whether anything will Brownsville, over 6 million Latinos in There are certainly challenges ahead. be done about it. Texas contribute immeasurably to With so many Hispanic-owned busi- New legislation introduced by Sen. Arlen making the Lone Star State the unique nesses starting up around the country, Specter and Rep. Frank Wolf, the Freedom and wonderful place it is. Whether they access to capital is a critical need. I From Religious Persecution Act, is so laden trace their ancestry to the earliest with new economic sanctions and foreign have supported and continue to support Spanish settlers in Texas or have re- policy prescriptions that it has drawn the lending and contracting programs that cently immigrated to this country, in- opposition of the Clinton administration, offer fledgling businesses the oppor- dividually and collectively Hispanics business, and pro-trade groups, and is des- tunity to launch themselves—and to have made our State and our Nation a tined for prolonged debate. continue to soar. I am also working to While that debate goes on, four other sen- richer place in which to live. ators have proposed a far more immediate For at least 250 of the last 400 years, give small business people and other Americans relief from excessive levels and concrete way for the U.S. to help. Hispanic heritage was synonymous On Sept. 10, Sens. Spencer Abraham, Ed- with Texas heritage. Since the first of taxation and Federal regulation. ward Kennedy, Orrin Hatch, and Patrick Spanish landing at the mouth of the On the eve of a new millennium, it is Leahy called on the administration to aban- Rio Grande by Alonso Alvarez de vital that we remain a people united, don its current plan to cut next year’s ad- Pineda in 1519, the Spanish, and later respectful of the individual, the family, missions of refugees from the former Soviet the Mexicans bravely began to colonize and our country as a whole. In this Union. They deserve the support of anyone concerned about Christians and other vic- the vast and rugged land known as same spirit, it is also important to inform ourselves and our children of the tims of religious persecution around the Tejas. To this day, Hispanics continue world. to contribute their boundless deter- sacrifices and contributions that have The State Department wants to cut admis- mination and unique perspective to been made by our ancestors on our be- sions from the former Soviet Union to 21,000, every facet of life in Texas and the Na- half. Hispanics have extremely good even though 27,000 were admitted this year. tion. Hispanic Americans enrich our reason to be proud of that heritage and The senators propose instead 30,000 admis- lives in virtually every field of endeav- to rejoice in it. sions from the former Soviet Union, with no or: politics, business, science, edu- Mr. President, I am pleased to be able reductions in planned admissions from other regions. cation, art, music, film, cuisine, and to highlight today the contribution of This proposal is modest. The Clinton ad- countless other fields. Hispanics to the exquisite mosaic that ministration has driven refugee admissions In my home State, we recently lost is America the Beautiful, America la down 40 percent, and if the senators’ pro- two of our greatest native Texas His- linda.∑ posal is accepted, total 1998 admissions September 29, 1997 CONGRESSIONAL RECORD — SENATE S10181 would be 87,000, far lower than the 100,000- ment of a 350-foot wood dock with a and in the 102d Congress when George plus refugees admitted annually from 1989 to 400-foot concrete dock at the Port of Bush was President, by contrast, when 1995. Seattle. In an effort to move this proc- President Bush’s nominees were being The senators’ letter has ignited a debate ess forward and break the deadlock be- processed by a Democrat-controlled among administration aides, who must soon decide on the number of refugees to admit in tween the parties, I included report Senate, there were only 711 and 716 ac- 1998. They need look no further than the ad- language in the Energy and Water Ap- tive judges, respectively. We have 750 ministration’s own reports on religious per- propriations Conference Report asking as we stand here today. secution in the former Soviet Union. These the Corps of Engineers promptly to Keep in mind that the Clinton admin- reports document that: consider the permit issue. istration is on record as stating that 63 Legislation passed last week by the lower Due to the continued cooperation and vacancies—a vacancy rate just over 7 house of Russia’s parliament would require hard work of the Muckleshoot Indian percent—is considered virtual full em- the registration of new religious groups, and Tribe and Port of Seattle, an agree- ployment of the Federal judiciary, and would require these groups to wait up to 15 ment was reached this past Friday they were right. Ninety-four vacancies, years to obtain full legal status. During this the current vacancy rate, is a vacancy period, these groups would be barred from evening over the dock extension. I importing or distributing religious mate- would like to praise the judgment and rate of about 11 percent. So ask your- rials, and it would be difficult for them to cooperation of the Port of Seattle and selves this question, how can a 4-per- own property or have bank accounts. This the Muckleshoot Indian Tribe both. cent rise in the vacancy rate from 7 bill does not apply to Orthodoxy, Islam, Ju- Their willingness to work together has percent to 11 percent convert full em- daism or Buddhism; instead, it would affect not only averted a protracted conflict ployment into a crisis? faiths newer to Russia, especially evan- but also provide a positive example for Moreover, let’s compare today’s va- gelical Christians. President Yeltsin vetoed other local governments and tribal cancy level, 94, with those that existed the bill once but now seems prepared to sign during the early 1990’s when George it. governments in reaching agreements under similar circumstances. Bush was President and the Democrats About one fourth of Russia’s regional gov- controlled the Senate. In May 1997 ernments have laws restricting religious ac- As a result of this agreement, the tivity. language which I included in the En- there were 148 Federal judicial vacan- Russian authorities have made Christian ergy and Water Appropriation Con- cies, and in May 1992 there were 117 missionary work difficult or impossible in ference Report is redundant and no Federal judicial vacancies. I remember some regions, and they have made recovery longer necessary. I have discussed this those years. I don’t recall one comment of property difficult for non-Orthodox faiths, about it in the media. I don’t recall one point with Congressman NORM DICKS in including the Catholic church. the House and would like the official television show mentioning it. I don’t As a result, Pentecostals and other evan- recall one writer writing about it. No- gelical Christians now account for about half record to show that both the House and Senate agree that this language is ef- body seemed to care. But all of a sud- the refugees from the former Soviet Union. den it has become a crisis today with The State Department argues against any fectively voided by the agreement. less vacancies at this time than the increase in refugee admissions. In spite of Furthermore, I would like to request Democrat-controlled Senate and Judi- conditions in the former Soviet Union, it that the final version of the Energy claims that interest in the U.S. refugee pro- ciary Committee at that time had. and Water Conference Report that will I should also note that at the end of gram is declining, even though 6,000 more be considered by the Senate not con- were admitted this year than it proposes to the Bush administration, there were admit next year. tain this language. In any event, that 115 vacancies compared to the 65 at the But even if less than 30,000 admissions slots language should be treated as having end of the last Presidential election; for the former Soviet Union are needed in no effect.∑ 115 vacancies, for which 55 nominees 1998, the increase in overall admissions f were pending before the Judiciary would give the administration greater flexibility to address other crises. This year, the JUDICIAL NOMINEES Committee. None of these 55 nominees even received the courtesy of a hear- administration exceeded its planned admis- Mr. HATCH. Mr. President, I rise this ing. sions from the former Yugoslavia by 25 per- evening to say a few words in response cent. If the implementation of the Dayton I have heard all the yelling and to President Clinton’s radio address screaming here on the floor and in the accords continues to prove difficult, the need over the weekend about the pace of the to resettle refugees from this region will public media today and by the Presi- grow. And, following the historical pattern Senate’s consideration of judicial dent on Saturday. In short, I think it is in other refugee crises, American action to nominees. In that address, the Presi- unfair and frankly inaccurate to report resettle refugees from the former Yugoslavia dent chided Members of this body for that the Republican Congress has cre- will cause European and other countries to what he described as ‘‘a vacancy crisis’’ ated a vacancy crisis in our courts. accent greater numbers of these refugees for in our Federal courts ostensibly result- Now, it is also incorrect when we resettlement. ing from politically motivated scrutiny Last year, the House and Senate defeated suggest there is a deliberate Repub- of his nominees. lican slowdown of the nominations legislative attempts to slash refugee admis- I will respond for a moment to the sions. The senators’ action is one more dem- process. The President pointed out on onstration of the bipartisan consensus sup- myths and distortions that the Clinton Saturday, correctly I might add, that porting American action to help refugees administration has engaged in; specifi- he has sent up to the Senate nearly 70 fleeing oppression. President Clinton should cally the myth that there is a vacancy nominees to fill vacant seats on the view their proposal as an opportunity to help crisis in the Federal judiciary and the Federal bench, 68 to be exact. By way victims of religious oppression, and to revi- myth that there is a Republican slow- of comparison, he notes that the Sen- talize American humanitarian leadership down of judicial confirmations. ate has confirmed fewer than 20 of his around the globe.∑ There is no vacancy crisis. So far this nominees, suggesting undue Senate f year, the Senate has confirmed 18 of delay in the face of an abundance of President Clinton’s judges. This brings ENERGY AND WATER APPROPRIA- qualified nominees. the total number of Clinton nominees But the picture the President paints TIONS CONFERENCE REPORT on the Federal bench to 222—that is is less than complete. Of the 68 judicial ∑ Mr. GORTON. Mr. President, in the nearly 30 percent of the active Federal nominees submitted to the Judiciary Energy and Water Appropriations Con- judiciary. There are more sitting Fed- Committee this year, nearly half of ference Report, which this body may eral judges today than there were them, 30 in all, have been nominated consider as early as tomorrow, is a pro- through virtually all of the Reagan and just since July 1 of this year. So, fac- vision that encourages the Corps of En- Bush administrations. As of September toring in the Senate’s August recess, gineers to make a decision on permits 26, 1997, just 3 days ago, there were 750 when we were gone for better than 30 for a 50-foot dock extension at the Port active Federal judges. Now, this figure days, the Judiciary Committee has had of Seattle. excludes the approximately 79 senior scarcely 2 months to consider virtually Over the past several years the Port status judges who continue to preside one-half of the President’s nominees of Seattle, Muckleshoot Indian Tribe, over and hear cases. this year. and Corps of Engineers have been in- Yet at this point in the 101st Con- Perhaps, then, it is fair to say the volved in a debate over the replace- gress when George Bush was President delay has been a factor in the face of S10182 CONGRESSIONAL RECORD — SENATE September 29, 1997 Senate confirmation. Unfortunately, be better served by this administra- June 5, 1997. The Committee had a the delay has to date been largely at tion’s renewed commitment to sending hearing on July 22, and she was con- the other end of Pennsylvania Ave- up restrained, qualified nominees who firmed September 11. Clearly, when it nue—at the White House, if you will. respect the essential role that the Sen- comes to new noncontroversial nomi- Even the Administrative Office of the ate must play in the confirmation nees, we are in fact proceeding with ex- Courts has concluded that most of the process. We cannot serve that function traordinary speed and diligence. blame for the current vacancies falls well when nominees are less than Now, more controversial nominees predominantly with this administra- forthright with members of the com- take a little more time. Of the 69 indi- tion. It calculates that until his most mittee. viduals nominated in this Congress, recent rush of nominations, it has The President was quite correct when only 43 have been new. The other 23 are taken President Clinton an average of he said over the weekend, ‘‘This age de- renominees that were nominated but 618 days to name a nominee for a va- mands we work together in a biparti- never confirmed in the last Congress. cancy—nearly twice the time it has san fashion and the American people Some have had committee consider- historically taken prior White Houses. deserve no less.’’ Indeed, they do de- ation, but most of the nominees with By contrast, it has taken the Senate serve no less. But bipartisan coopera- completed paperwork who have not yet an average of 91 days to confirm a tion depends not only on swift con- had consideration are ones who were judge once the President finally nomi- firmations, but qualified and coopera- renominated from the last Congress. nates him or her. In other words, the tive nominees as well. When the administration simply sends Senate is carrying out its constitu- Now, I also want to take a moment back nominees who had problems last tional responsibilities with respect to to address some of the personal criti- Congress, it takes much more time and the confirmation of judicial nominees cisms directed at our majority leader. it is much more difficult to process more than six times faster than the To suggest that the majority leader them, and they know it. I am trying to work out the dif- President. And in recent months, the has acted irresponsibly with respect to ferences between the Senators of the Judiciary Committee has been moving the nominations is just plain wrong. Of respective States—I might add, Demo- noncontroversial nominees at a re- 21 judicial nominees reported to the crats and Republicans—and the White markably fast pace. floor by the Judiciary Committee, only House so that we can move more of Since returning from the August re- 3 remain on the calendar. One was re- these. It was worth pointing out that cess, we have already scheduled two ported within the last 2 weeks. So to there was, in nearly every instance, a nomination hearings. At the first, ear- suggest that this majority leader is reason why the Senate confirmed 202 lier this month, we considered four of playing games with nominations is not other Clinton nominees, but not these the President’s nominees. Tomorrow only unfair, it is grossly untrue. 23. If all we are left with are judges Now, I have been pleased to have we will hold a hearing for seven judi- that we are not ready to move, I will worked, over the past number of cial nominees, and in addition a hear- not compromise our advise and consent months, with White House counsel ing for the President’s nominee for As- function simply because the White sociate Attorney General. Those were Chuck Ruff to ensure that the nomina- House does not send qualified nomi- scheduled before the President, I think, tion and confirmation process is a col- nees. As I said at the outset, the Sen- ever dreamed of giving a speech last laborative one between the White ate’s advise and consent function Saturday. I should note that the Clin- House and Members of the Senate. I should not be reduced to a mere num- ton administration was made aware of think it is fair to say that after a few bers game. The confirmation of an in- this fact prior to the President’s ad- months in which the process suffered dividual to serve for life as a Federal dress, but he failed to mention that. In due to inadequate consultation be- judge is a serious matter and should be addition, we are planning to have an- tween the White House and some Sen- treated as such. In fact, we have sent a other hearing in the next few weeks, ators, the process is now working rath- letter down to the White House and so, clearly noncontroversial nominees er smoothly. I think the process is due Justice Department and explained the are being considered at a responsible to the White House’s renewed commit- problem with each nominee, and they pace. ment to good faith consultation with understand perfectly well why some of I will concede that some nominations Senators of both parties. these nominees have not moved. When Now, I think it is important to note have taken longer than is customary. you talk about confirmation numbers, that I believe the Senate is doing its But in many instances, this has been let me compare them to the previous best to move nominees and to move due to the unfortunate fact that some Congresses. As of today, we have proc- them quickly. If we have noncontrover- nominees have not been entirely forth- essed 24 nominees this year—18 con- sial nominees submitted, we can move coming with the Judiciary Committee. firmed, 3 on the floor, and 3 are pend- them quickly. If and when the adminis- In the interest of fairness, I have given ing in committee. Now, not all of these tration sends us qualified, non- these nominees repeated opportunities judges have been confirmed, but we ex- controversial qualified nominees, they to fully respond to the committee’s in- pect that most all of them will be con- will be processed fairly and promptly. quiries, and when they have done so, firmed fairly promptly. we have moved the nomination. Ms. In the last 6 weeks or so, the adminis- Assuming most of these nominees are Margaret Morrow is a good example of tration has finally began sending us confirmed, I think any reasonable per- a nominee who was slowed by her renominees which I have, for the most son could see that our efforts compare luctance to promptly answer questions part, found to be quite acceptable. quite favorably to prior Congresses in posed by members of the committee. Take Ms. Hull, who was nominated for terms of the number of judges con- After I spoke with her and urged her to a very important seat on the Eleventh firmed at this point in the first session be more forthcoming, her nomination Circuit. That is a circuit court of ap- of a Congress, especially if you look at was reported to the floor—with my peals judge. She was nominated on recent Democrat controlled Con- support, I might add—and I expect her June 18, she had her hearing June 22, gresses. In 1993, there were zero judges nomination will be scheduled for a and was confirmed on September 4. confirmed by the Democrat Congress floor vote soon. I expect it to be sched- That is a remarkably fast turnaround by the end of July of that year. In 1991, uled. It should be scheduled. If people for both parties, the White House and 23 judges were confirmed, at a time have differences with her, let them ex- the Senate. Or Mr. Alan Gould from when there were 148 vacancies—in a press those differences with their Florida, who was nominated in Feb- Congress controlled by Democrats. In votes. But she has been reported by the ruary. We completed his paperwork and 1989, only 4 judges were confirmed—a Judiciary Committee, and with good our review in March and April. He had Democrat Congress. In 1987, only 17 reason as far as I’m concerned. a hearing shortly thereafter in May, judges confirmed—a Democrat Con- Nevertheless, other nominees have and was reported out in committee and gress. I can go on and on. So the plain been similarly less than cooperative. confirmed before the Fourth of July re- fact is, we are on track, if not ahead of While I appreciate and concur in the cess. Another good example is Janet previous Democrat Congresses. President’s expression of concern for Hall, from Connecticut, who was nomi- Well, I can say so much more, but let the integrity of our courts, we will all nated to the U.S. District Court on me just say this. Some have argued September 29, 1997 CONGRESSIONAL RECORD — SENATE S10183 that the Republican leadership is hold- consultation with Senators up here— try—manifestly embarrassing to them ing up qualified nominees. Let me just keep in mind that this isn’t a one-way to have some of these judges who just point out for the record that there street. Senators have a right to be con- think they are above the law; who were a number of qualified nominees of cerned about lifetime-appointed judges think they are above the Constitution; President Bush who weren’t even given serving within their areas, their who think they are above the other two the courtesy of a hearing. For instance, States. Therefore, that is why the Sen- coequal branches of Government. John G. Roberts, Jr., nominated on ate has a noble and very important role Thank goodness there are not too January 27, 1992, for the vacancy left in this confirmation process. I want to many of them in the Federal judiciary. by the now Supreme Court Justice commend the current White House Thank good goodness we have people Clarence Thomas. Among his long list counsel, Charles Ruff for the work he is and a Senator willing to stand up and of accomplishments, I note, was that doing in meeting personally with Sen- say, We have had enough. I happen to he was a former law clerk to the Chief ators up here and trying to resolve be one of them. Justice of the Supreme Court. He had their difficulties. I think he has made a Mr. President, these are important worked at various high level positions lot of strides, and I think that is going issues. The Federal judiciary can deter- at the Justice Department, including to be helpful over the long run. mine what happens in this country for serving as Deputy Solicitor General of Mr. President, these are important years to come. It is important that we the United States. He was an outstand- matters. I do not believe they should have people of the utmost integrity ing lawyer and he wasn’t even given be politicized. I think activist judges, and respect for the law and respect for the courtesy of a hearing. whether they come from the right or the rule of law and respect for the role Another fine nominee was Maureen left, are judges who ignore the law and of judging on our Federal benches. Mahoney. Keep in mind, we have had just do whatever their little old vis- As long as I am on the Judiciary some Senators take to the floor here ceral tendencies tell them to do. These Committee, I am going to work as hard and try to imply that because it has are judges who act like superlegisla- as I can to see that those are the kinds been difficult to get a certain woman tures from the bench who usurp the of people that we get there. I am not so nominee through from time to time, powers of the other two branches—co- sure it is that important whether they that there must be something wrong equal branches—of Government, the are liberal or conservative, if they will with the Judiciary Committee for not executive and legislative branches. respect the role of judges and respect doing that. Well, take the fine nomi- These are judges who ignore the writ- the rule of law. I have seen great lib- nee, Maureen Mahoney, nominated for ten law. These are judges who take eral judges, and I have seen great con- the U.S. District Court in the Eastern their own political purposes to what servative judges. And I have seen lousy District of Virginia on April 2, 1992. the law should be. These are judges, a ones in both categories as well. Like Mr. Roberts, she, too, was a well- number of whom sit on the Ninth Cir- I just suggest that they respect the respected litigator. She clerked for cuit Court of Appeals, who have given role of judging. Judging generally has Chief Justice Rehnquist and also me nothing but angst because of their been pretty good. served as a deputy solicitor general of activism. During this last year 28 of 29 f the United States. Neither of these ex- cases on the Ninth Circuit Court of Ap- UNANIMOUS CONSENT AGREE- ceptionally qualified nominees were peals were reversed by the Supreme MENT—HOUSE JOINT RESOLU- able to get a hearing on their nomina- Court because of judicial activism. TION 94 tion. Everybody knows that judicial activ- I could go on and on. Keep in mind ism is hard to define. But it is not hard Mr. HATCH. Mr. President, I ask that we have 750 judges on the bench to define when you look at some of unanimous consent that the majority today, compared to in 1991–92 when we those cases. Judges do have to try leader, after consultation with the mi- had considerably less judges at that cases at first impression. And when nority leader, may proceed to the con- particular time—711 and 716, compared they do, they do have to make deci- sideration of House Joint Resolution to 750 today. Plus, in addition to the sions, and they have to split the baby, 94, the continuing resolution, which 750, we have a number of senior status so to speak. But we are talking not will be received from the House. judges—79 as I recall—who are hearing about those cases. We are talking I further ask unanimous consent that cases and continuing their work even about judges who ignore the basic inno amendments be in order to the reso- though they have taken senior status. tents of the law, the basic languages of lution and that the Senate then imme- So there is no crisis. the law, who substitute their own pol- diately proceed to a vote on passage of Now, having said all of this, I would icy preferences for what the law really the resolution with no intervening ac- like to move these nominees who are is. tion or debate. qualified as fast as we can. I would like When we see judges like that, I tell The PRESIDING OFFICER. Without them to come up on the floor as fast as them they are undermining the Federal objection, it is so ordered. they can be brought up. Thus far, the judiciary, they are making my job as Mr. HATCH. I now ask unanimous majority leader has virtually brought chairman of the Judiciary Committee consent that, notwithstanding the re- up everybody we have brought out of much more difficult, and the job of the ceipt of the continuing resolution, it be the committee, except a couple, and ranking member much more difficult, in order to ask for the yeas and nays at they will be brought up in the near fu- and they are doing wrong things. this time. ture. Margaret Morrow will have her It is important that this be brought The PRESIDING OFFICER. Is there vote in the Senate. I will announce to the attention of the American peo- objection? Without objection, it is so right here and now that I will vote for ple because these judges are nominated ordered. Is there a sufficient second? her, even though I did have some by the President. They are confirmed There is a sufficient second. qualms as a result of her first con- for life. When they retire, they get full The yeas and nays were ordered. firmation hearing and as a result of judgeship pay the rest of their lives. f some of the things that she had said We need an independent judiciary in while President of the California Bar this country. There is no stronger NATIVE AMERICAN PROGRAMS Association, and on other occasions voice for an independent judiciary than ACT AMENDMENTS OF 1997 during the earlier years. But I have I. And we do need the lifetime tenure. Mr. HATCH. Mr. President, I ask found her to be qualified and I will sup- But when judges ignore the basic laws unanimous consent that the Senate port her. Undoubtedly, there will be and substitute their own policy pref- now proceed to the consideration of some who will not, but she deserves to erences for what the law really is, they Calendar No. 57, S. 459. have her vote on the floor. I have been are undermining the Federal judiciary, The PRESIDING OFFICER. The assured by the majority leader that she and they are disgraces to the Federal clerk will report. will have her vote on the floor. I intend judiciary. The legislative clerk read as follows: to argue for and on her behalf. Frankly, it is time that they wake up A bill (S. 459) to amend the Native Amer- I believe that with continued co- and realize that. It is embarrassing to ican Programs Act of 1974 to extend certain operation from the White House, in the good judges throughout this coun- authorizations, and for other purposes. S10184 CONGRESSIONAL RECORD — SENATE September 29, 1997 The PRESIDING OFFICER. Is there (A) in paragraph (1), by striking ‘‘loans to a further ask that on Tuesday, imme- objection to the immediate consider- borrower’’ and inserting ‘‘a loan or loan guar- diately following the prayer, the rou- ation of the bill? antee to a borrower’’; and tine requests through the morning There being no objection, the Senate (B) in paragraph (2)— hour be granted and the Senate resume (i) in the matter preceding subparagraph (A), proceeded to consider the bill which by striking ‘‘Loans made’’ and inserting ‘‘Each consideration of the Coats amendment had been reported from the Committee loan or loan guarantee made’’; No. 1249 to the District of Columbia ap- on Indian Affairs with an amendment (ii) in subparagraph (A), by striking ‘‘5 years’’ propriations bill. to strike all after the enacting clause and inserting ‘‘7 years’’; and The PRESIDING OFFICER. Without and inserting in lieu thereof the follow- (iii) in subparagraph (B), by striking ‘‘that is objection, it is so ordered. ing: 2 percentage’’ and all that follows through the Mr. HATCH. Mr. President, I now ask end of the subparagraph and inserting ‘‘that SECTION 1. SHORT TITLE. unanimous consent that the Senate does not exceed a rate equal to the sum of— stand in recess on Tuesday from the This Act may be cited as the ‘‘Native Amer- ‘‘(I) the most recently published prime rate (as ican Programs Act Amendments of 1997’’. published in the newspapers of general circula- hours of 12:30 to 2:15 p.m. for the week- SEC. 2. AUTHORIZATIONS OF CERTAIN APPRO- tion in the State of Hawaii before the date on ly policy conferences to meet. PRIATIONS UNDER THE NATIVE which the loan is made); and The PRESIDING OFFICER. Without AMERICAN PROGRAMS ACT OF 1974. ‘‘(II) 3 percentage points.’’; and objection, it is so ordered. Section 816 of the Native American Programs (3) in subsection (f)(1), by striking ‘‘for each f Act of 1974 (42 U.S.C. 2992d) is amended— of the fiscal years 1992, 1993, and 1994, (1) in subsection (a), by striking ‘‘for fiscal $1,000,000’’ and inserting ‘‘for the first full fiscal PROGRAM years 1992, 1993, 1994, and 1995.’’ and inserting year beginning after the date of enactment of ‘‘for each of fiscal year 1997, 1998, 1999, and the Native American Programs Act Amendments Mr. HATCH. Tomorrow morning at 10 2000.’’; of 1997, such sums as may be necessary’’. a.m. the Senate will begin 1 hour of de- (2) in subsection (c), by striking ‘‘for each of Mr. HATCH. Mr. President, I ask bate prior to the cloture vote on the the fiscal years 1992, 1993, 1994, 1995, and 1996,’’ Coats amendment regarding school and inserting ‘‘for each of fiscal years 1997, unanimous consent that the committee 1998, 1999, and 2000,’’; and substitute be agreed to, the bill be choice. Following that vote, the Senate (3) in subsection (e), by striking ‘‘, $2,000,000 deemed read a third time and passed, will continue consideration of the D.C. for fiscal year 1993 and such sums as may be the motion to reconsider be laid upon appropriations bill with the hope of fin- necessary for fiscal years 1994, 1995, 1996, and the table, and any statements relating ishing action on that bill during Tues- 1997.’’ and inserting ‘‘such sums as may be nec- to the bill appear at this point in the day’s session. essary for each of fiscal years 1997, 1998, 1999, RECORD. The Senate will also consider the and 2000.’’. The PRESIDING OFFICER. Without continuing resolution tomorrow as SEC. 3. NATIVE HAWAIIAN REVOLVING LOAN objection, it is so ordered. well. Therefore, additional votes will FUND. occur. (a) IN GENERAL.—Section 803A of the Native The committee amendment was American Programs Act of 1974 (42 U.S.C. 2991b– agreed to. f 1) is amended— The bill (S. 459), as amended, was (1) in subsection (a)(1)— passed. ADJOURNMENT UNTIL 10 A.M. TOMORROW (A) in the matter preceding subparagraph f (A)— Mr. HATCH. Mr. President, if there is (i) by striking ‘‘award grants’’ and inserting ORDERS FOR TUESDAY, no further business to come before the ‘‘award a grant’’; and SEPTEMBER 30, 1997 Senate, I now ask that the Senate (ii) by striking ‘‘use such grants to establish and carry out’’ and inserting ‘‘use that grant to Mr. HATCH. Mr. President, I ask stand in adjournment under the pre- carry out’’; and unanimous consent that when the Sen- vious order. (B) in subparagraph (A), by inserting ‘‘or ate completes its business today, it There being no objection, the Senate, loan guarantees’’ after ‘‘make loans’’; stand in adjournment until the hour of at 6:36 p.m., adjourned until Tuesday, (2) subsection (b)— 10 a.m. on Tuesday, September 30. I September 30, 1997, at 10 a.m. September 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1883 EXTENSIONS OF REMARKS

THE DISTINGUISHED SERVICE OF Elizabeth Mazur was born in Carteret, NJ. working conditions are continuing THE ‘‘SS STEPHEN HOPKINS’’ She moved with her family to New Castle, NY, undiminished according to the third annual re- and then moved back to Rahway, NJ, where port of the Federal-CNMI Initiative. The Gov- HON. NANCY PELOSI she graduated from high school in 1946. ernments of the Philippines and China have OF CALIFORNIA The couple met in November of 1946 at the expressed concerns about the treatment of Twin City Roller Skating Rink, while Kurt was their citizens in this U.S. Commonwealth and IN THE HOUSE OF REPRESENTATIVES employed as a postal worker in Elizabeth. On allegations persist regarding the CNMI's inabil- Monday, September 29, 1997 Valentine's Day 1947, they were engaged and ity to protect workers against crimes such as Ms. PELOSI. Mr. Speaker, I rise today to on October 4, 1947 they were married at the illegal recruitment, battery, rape, child labor, honor the memory of the distinguished service Russian Orthodox Church in Rahway. and forced prostitution. of the SS Stephen Hopkins, an American mer- They moved to Lacey Township in October Without Representative MILLER'S language chant vessel, who sailed during World War II. of 1975 and have lived there ever since. Kurt in H.R. 2267, individuals who have been the The SS Hopkins holds a unique distinction was employed as an electrical contractor with subject of human rights abusesÐright here in in U.S. merchant marine history. On Saturday, offices in Lacey and Woodbridge, NJ. Since the United StatesÐhave only the charity of September 27 the city and county of San his retirement in 1992, Kurt has worked part private relief organizations to rely upon for Francisco will observe SS Stephen Hopkins time as a photographer with Ocean County, help. In Hawaii, the Filipino Solidarity Coalition Day and the 55th anniversary of the only NJ. Kurt Booth served as chairman of the is currently providing sanctuary to a young girl American Ship to sink a German Navy Sur- Chairman's Ball Ad Journal for 6 years and named Katrina who came to Hawaii as a Gov- face Warship. co-chairman of the Ocean County Candidates ernment witness. When Katrina was 14 she The Hopkins sailed out of her home port in Ad Journal for 12 years. Kurt was also the de- was brought to the CNMI by an employer who San Francisco on April 14, 1942. On Septem- signer of the journals and most of their ads as promised her a good job and fair wages in the ber 17, 1942, during her maiden voyage in the well as a very effective fund raiser for the restaurant industry. When she arrived in the South Atlantic Sea the Hopkins and her crew party. CNMI her hopes for a better life were de- waged a courageous battle against two heav- Kurt and Elizabeth have a son, Professor stroyed. She discovered that the employer had ily armed German vessels. This battle earned Kenneth Kurt Booth, who spent 14 years in lured her to the CNMI under false pretenses. the Hopkins the citation of U.S. Government South Africa teaching people how to provide Not only was she confined to her assigned liv- Gallant Ship. Her citation inscription recounts veterinary care to animals in the community. ing quarters but she was also forced into serv- the events of that fateful day when, ``Two He now resides in the United States with his ice as a prostitute. Katrina had few options enemy raiders suddenly appeared out of the three children. and even less money but she escaped her morning mist to attack her. The lightly armed Mr. Speaker, Mr. and Mrs. Booth's commit- confines and filed suit against her employer merchantmen exchanged shot for shot with ment to each other, illustrated by their 50 with the help of the local Philippine consulate. the enemy raiders, sinking one and setting the years together, is a testament to their char- When Katrina's actions were revealed to her other a fire. The stark courage of her crew in acters. Not only have they enriched the lives employer, her life was threatened. To escape their heroic stand against overpowering odds of those they have come into direct contact the abusive situation, the consulate helped her caused her name to be perpetuated as a Gal- with, but they have displayed immense leader- to find refuge in Guam. However, Guam's lant Ship.'' The Hopkins was lost as a result ship in their community, State, and country. It close proximity to her former employer still put of that valiant battle after sustaining destroyed is with great pleasure that I recognize this Katrina in a dangerous situation. engines, exploded boilers, and catching fire couple on this special occasion. Through the help of the Filipino Solidarity from stem to stern. Only 15 of the 19 surviving f Coalition, Katrina managed to escape to Ha- crew survived the 31-day lifeboat trip which waii where local donations and a small grant DEPARTMENTS OF COMMERCE, brought them to safety in Brazil. from the Department of Labor helped to pro- JUSTICE, AND STATE, THE JUDI- Mr. Speaker on behalf of the Congress, let vide her shelter, food, and further legal assist- CIARY, AND RELATED AGENCIES us join the veteran merchant mariners and ance. However, there are many others who re- APPROPRIATIONS ACT, 1998 San Francisco community in commemorating main in the CNMI still suffering the abuse and indignity that Katrina managed to escape. I the service of SS Stephen Hopkins and the SPEECH OF brave crew who sailed her into history. appreciate the Chairman's support of the Mil- f HON. NEIL ABERCROMBIE ler language which will help those like Katrina OF HAWAII who are victims of human rights abuse, not THE 50TH WEDDING ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES faraway in a foreign country, but right here in OF KURT AND ELIZABETH the United States of America. Friday, September 26, 1997 BOOTH, OCTOBER 4, 1997 f The House in Committee of the Whole HON. JIM SAXTON House on the State of the Union had under A TRIBUTE TO REV. RICHARD J. LEHMAN, PASTOR OF THE CON- OF NEW JERSEY consideration the bill (H.R. 2267) making appropriations for the Departments of Com- GREGATIONAL UNITED CHURCH IN THE HOUSE OF REPRESENTATIVES merce, Justice, and State, the Judiciary, and OF CHRIST Monday, September 29, 1997 related agencies for the fiscal year ending September 30, 1998, and for other purposes: Mr. SAXTON. Mr. Speaker, it is my distinct HON. MICHAEL P. FORBES privilege and honor to pay tribute to Kurt and Mr. ABERCROMBIE. Mr. Chairman, I rise in OF NEW YORK Elizabeth Booth of Lacey Township, NJ. On support of the Miller language adopted into IN THE HOUSE OF REPRESENTATIVES October 4, 1997, Mr. and Mrs. Booth will cele- H.R. 2267, the Departments of Commerce, brate their 50th wedding anniversary. Justice and State appropriations bill. These in- Monday, September 29, 1997 Kurt Booth was born in Elizabeth, NJ on structions will set aside a small amount of Mr. FORBES. Mr. Speaker, I rise today to March 23, 1927. After graduating from Thom- funding for the Executive Office of U.S. Attor- pay tribute to Rev. Richard J. Lehman, pastor as Jefferson High School in 1944, he enlisted neys to provide assistance to the victims of of the Congregational United Church of Christ, in the U.S. Marine Corps. During his service human rights abuses in the Commonwealth of in Farmingville, Long Island, who this Sunday as a marine, Kurt did a tour of duty in World the Northern Marianas Islands. will celebrate the 50th anniversary of his ordi- War II's Pacific campaign and did occupation Since at least 1984, Federal officials have nation. duty in Japan. He was discharged from the expressed concern about the CNMI alien labor Along with the golden anniversary of his or- Marine Corps on August 21, 1946. system. Worker complaints over wages and dination in 1947, Reverend Lehman will also

∑ 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. E1884 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 1997 mark two other important milestones this Sun- gram or tirelessly advocating for public policy HONORING CAPTAIN NIKOLAOS day: he and his congregants will celebrate the that maintains decent and affordable housing FRANGOS 25th anniversary of his pastorship of the Con- for all New Yorkers, the Interfaith Assembly on gregational United Church of Christ, on the Homelessness and Housing has provided the HON. RON KLINK same day as his 75th birthday. city of New York with a valuable service that OF PENNSYLVANIA A truly gifted and dedicated professional, we all ought to recognize and acknowledge. IN THE HOUSE OF REPRESENTATIVES Reverend Lehman has built a proud legacy of Mr. Speaker, I rise to commend the Inter- Monday, September 29, 1997 service to the spiritual needs of his faith Assembly on Homelessness and Housing Mr. KLINK. Mr. Speaker, I rise today to congregants. This Sunday, September 28, for its dedication to the homeless, its fight for honor the 1997 Hellenic Chamber of Com- 1997, the Congregational United Church of affordable housing, and its ability to effect merce ``Man of the Year Award'' recipient, Christ community will join in praising his out- change in a city that desperately needs it. Capt. Nikolaos Frangos. Born in the town of standing life of service with a special festival Through testimonials that have touched the Kardamyla on the island of Chios, Nikolaos's service. Friends, family, and colleagues will hearts of many and raised the consciousness family was no stranger to the maritime mer- come from across Long Island, 13 States, of many more, this broad and diverse coali- chants trade. Today, he is the owner of one of Australia, and England to honor the lifetime of tion, which includes a wide range of religious the largest dry bulk shipping fleets in the service to the church. organizations throughout the city, ought to be world. His shipping enterprise has grown to Throughout his 50-year career, Reverend proud of the work they have done to spread over 3,000 crew members and shore-based Lehman has dedicated his time, energy, and compassion and serve others. talents to his alternate calling: educating min- employees. As we all know, there is a lot more that we Captain Frangos has provided a great serv- isters, rabbis, priests, and seminarians in the must do to end homelessness in New York skills of pastoral care to the sick. Upon grad- ice to people throughout the world. During the and across America. I look forward to working gulf war he assisted the United States by ship- uating from Oberlin Graduate School of Theol- closely with members of this coalition in the ogy, Reverend Lehman was assigned to his ping much needed supplies to our troops battles ahead, and sincerely hope that our ef- based in the Middle East. He is a gentleman first church in Elyria, OH. It was there that he forts will one day be unnecessary as our soci- began his training in clinical pastoral edu- worthy of the distinction of the Hellenic Amer- ety comes to recognize that decent affordable ican man of the year. His accomplishments cation, completing a 2-year residency at Uni- housing is a right we all deserve. versity Hospital in Ann Arbor. outside the shipping industry include his membership to the governing board of the Orphan- For the next 40 years, Reverend Lehman f was employed by the New York State Depart- age of Vouliagmeni and his membership to the ment of Mental Hygiene, teaching clinical pas- TRIBUTE TO THE ANTIOCH BABE Leadership-100 of the Archdiocese of Amer- toral education to clergy and seminarians at RUTH ALL STAR TEAM ica. It is with great pride and honor that I urge two psychiatric hospitals, the first in Gowanda, my colleagues to rise and honor the life and NY. Then in 1967, Reverend Lehman arrived HON. ELLEN O. TAUSCHER contribution of Capt. Nikolaos Frangos and his at Central Islip Psychiatric Center, on Long Is- OF CALIFORNIA wonderful family including his wife Stella and land. During his teaching career, Reverend his children Angeliki, John, and Maria. His de- Lehman trained more than 600 clergy and IN THE HOUSE OF REPRESENTATIVES votion to his family, his country, and the world seminarians for careers in pastoral care. Monday, September 29, 1997 Though retired from Central Islip Psychiatric are truly admirable. Mrs. TAUSCHER. Mr. Speaker, I rise today Center, Reverend Lehman still serves as pas- f to celebrate the championship victory of the tor of the Congregational United Church of Antioch All Star Team on Saturday, August BEST WISHES TOMMY AMAKER Christ. Reverend Lehman married his first 17, 1997, at the 16±18 Babe Ruth World Se- wife, Priscilla, while living in Gowanda, and ries. The city of Antioch, which is in my dis- HON. DONALD M. PAYNE they had two children, Nancy and Thomas. trict, recently celebrated their homecoming OF NEW JERSEY Priscilla Lehman succumbed to cancer in with a parade through the city and a civic IN THE HOUSE OF REPRESENTATIVES 1989, and he eventually married again, to celebration at city hall. The accomplishments longtime family friend, Marilyn Birkmann Monday, September 29, 1997 of these fine young men are a great honor to Blume. Mr. PAYNE. Mr. Speaker, on Tuesday, Sep- the city of Antioch. Mr. Speaker, I ask my colleagues in the tember 30, a reception will be held for Harold The 16±18 Babe Ruth World Series was House of Representatives to join me in honor- Tommy Amaker in New Jersey. Tommy held in Jamestown, NY, where the players ing Rev. Richard J. Lehman for his remarkable Amaker is Seton Hall University's (SHU) first from Antioch competed against other such lifetime of service to God and man. Through African-American men's basketball head teams from around the Nation. Throughout the the Grace of God, our Long Island community coach. He is also the youngest coach in the 1-week tournament, the team exhibited a true has been truly blessed with the ministry of this Big East Conference, one of the top basketball show of perseverance and a dedication to ex- gifted and spiritual man. conferences. cellence. They managed to come from behind f Mr. Speaker, I am a proud alumnus of in several of their games, proving to the other Seton Hall University and my level of pride SUPPORT OF THE INTERFAITH AS- teams that they would not give up. These ath- keeps going up when things like this happen. SEMBLY ON HOMELESSNESS letes were not only dedicated to winning the I was an SHU student when the great Seton AND HOUSING ON OCCASION OF game, but also dedicated to each other. The Hall team in 1953 won the National Invitational ITS 10TH ANNIVERSARY players from Antioch practiced long and hard Tournament (NIT). It was the premiere colle- to earn the right to play for the national cham- giate championship tournament. The Seton HON. JERROLD NADLER pionship, and through their hard work on the Hall team was led by Walter Dukes and Richie field and their commitment to teamwork, they OF NEW YORK Regan. Richie Regan continues to serve the rose from underdogs at the beginning of the IN THE HOUSE OF REPRESENTATIVES University as the Pirate Blue chairman. The series to the champions on the final day. Pirate Blue is an athletic fund raising group at Monday, September 29, 1997 It is wonderful to see such positive support Seton Hall. Mr. NADLER. Mr. Speaker, I rise today in from the community for this talented and dedi- I want to applaud Monsignor Robert recognition of the Interfaith Assembly on cated group of East Bay teens. They show us Sheeran, president of SHU, who used per- Homelessness and Housing on occasion of its that when we bestow our faith in our children, sonal leadership to recruit SHU's first African- 10th anniversary. they can truly achieve excellence. American basketball coach. I would also like For 10 years now the Interfaith Assembly on The Antioch Babe Ruth All Star Team is de- to commend Philip Thigpen, former national Homelessness and Housing has served the serving of the honor as the best 16±18 Babe middle distance champ in the 50's, for his homeless of New York City with sensitivity and Ruth League team in the country. These ball- leadership in assembling a group of African- understanding. This coalition has reached out players are an excellent example of the kinds American alumni of SHU and its School of to those in our society who are without shelter of things that young people in our commu- Law to host this reception. and offered a helping hand. Whether helping nities can achieve. I hope you will join me in Tommy Amaker and his challenge to return individuals rebuild their lives through the congratulating them for their achievement and SHU to championship status have brought ex- Speakers' Bureau and Project Success Pro- their ambition. citement. On March 20 he was named the September 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1885 coach of SHU men's basketball team. Prior to ROLLCALL VOTES 457, 458, AND 459 world in helping to deal with the problem of this position he had served the Duke Univer- refugees and those seeking political asylum, sity basketball team for 13 yearsÐ4 as a play- HON. ROBERT A. WEYGAND and the organization has been a major pro- er and 9 as an assistant coach. During his OF RHODE ISLAND vider of and advocate for humanitarian assist- tenure he became the top recruiter for Duke's IN THE HOUSE OF REPRESENTATIVES ance. Blue Devils where he helped land highly-tout- It is most appropriate that one of the first ed Shane Battier, a 6-foot-8 forward from Monday, September 29, 1997 public responsibilities of Mr. Levy as the new Michigan; Jeff Capel, a current Duke guard, Mr. WEYGAND. Mr. Speaker, on September president of the IRC was to speak at an ex- and Grant Hill, now of the Detroit Pistons. 26, 1997, I was unavoidably detained and was hibit honoring the activities of Varian Fry. Mr. Amaker captained Duke as a senior and not, therefore, able to vote on rollcall votes Fry was designated by the IRC to go to earned All-American honors. He received the 457, 458, and 459. Had I been able to vote, France in 1940 in an effort supported by the Henry Iba Corinthian Award in 1987 as the I would have voted ``yea'' 457 and ``nay'' on United States government to bring to the Unit- Nation's best defensive player. In 1986 during rollcall votes 458 and 459. ed States 200 prominent Jewish intellectualsÐ the Final Four, he had the most steals, seven. During that time, Secretary of Defense writers, scientists, academics, journalists, his- Academics are just as important to Tommy Cohen and Assistant Secretary of the Navy torians, musicians, opposition political leaders, Amaker as are sports. He received a B.A. de- Douglas, were visiting my district to tour Elec- and othersÐwho were in southern France, gree in Economics from Duke in 1987 and tric Boat and the Naval Undersea Warfare having fled the advancing Nazi forces and was drafted by the NBA's Seattle Super- Center and to discuss current Defense appro- were seeking to escape. In recognition of Sonics. After being cut in training camp, he re- priations and proposals that will affect national Varian Fry's outstanding efforts in Europe in turned to Duke as a management intern with security. 1940 with the IRC, he is the only American the university administration for 1 year before Due to that visit, I missed votes on amend- who has received the honor ``Righteous enrolling in the Fuqua School of Business. He ments concerning State Department appro- Among the Nations'' from Yad Vashem, the Is- served as a graduate assistant while studying priations. As we move to complete work on raeli memorial to Holocaust victims, for risking in the business school in 1988±89. He is a the Commerce, Justice, State appropriations his own life to save the lives of Jews during fine student and teacher of the game. He also bill, it is critical that we address concerns re- the Holocaust. has been successful in forming the Tommy garding the use of those funds by the State Mr. Levy is a graduate of Hobart College, Amaker Basketball Academy, a summer day Department. and he holds a Ph.D. in government and for- camp for youth. The Bartlett amendment, rollcall vote 458, eign affairs from the University of Virginia and Mr. Speaker, I am sure my colleagues will would reduce payments made by the State a degree in law from Columbia University. His join me as I extend best wishes to Tommy Department to the United Nations, which is in distinguished career includes a period of serv- Amaker and his wife, Stephanie, as they un- the process of reforming itself; we should not ice as Executive Director of the 92nd Street Y, dertake successful careers in the great State take action that may prevent that reform. a leading cultural, educational and social serv- of New Jersey. I believe it is in our Nation's best interest to ice institution on Manhattan's upper east side. continue participation in the activities of the He later was a senior officer of AT&T Corpora- f United Nations and we must do so in good tion, serving first as founder and chief execu- faith, and that means making good on our fi- tive officer of the AT&T Foundation, and later TRIBUTE TO DEKERRIAN WARE nancial obligations. as Corporate Vice President, and Managing The Gilman amendment, rollcall vote 457, Director of International Public Affairs. After HON. MARTIN FROST will withhold 2 percent of the State Depart- leaving his position at AT&T, he spent a nine- ment's salaries and expenses budget until the month sabbatical writing two booksÐone on OF TEXAS Department complies with the provisions of the exercise of corporate and social respon- IN THE HOUSE OF REPRESENTATIVES the 1996 terrorism bill. It is my hope that the sibility and the other on what he sees as a Monday, September 29, 1997 Gilman amendment will encourage the Depart- renaissance in American philanthropy. Mr. Speaker, I ask that Mr. Levy's address Mr. FROST. Mr. Speaker, I rise to honor ment to conform. We must ensure that the at the opening of the exhibit in Budapest, Hun- Dekerrian Ware, the 1997±98 national poster State Department is following the intent of the gary, on the Life and Work of Varian Fry be child for sickle cell disease and a student in 1996 terrorism bill and designates foreign ter- placed in the RECORD. I urge my colleagues to my congressional district. Dekerrian is 8 years rorists. carefully consider the thoughts of Reynold old, and is a third grade honor student at f Levy, a distinguished American philanthropist David K. Sellars Elementary School in Fort ADDRESS OF REYNOLD LEVY, and humanitarian. Worth, TX. PRESIDENT OF THE INTER- REMARKS OF REYNOLD LEVY Dekerrian is as active as most boys are his NATIONAL RESCUE COMMITTEE, age by playing football, basketball, riding his AT THE EXHIBIT IN BUDAPEST Congressman Lantos and Mrs. Lantos, Am- bicycle, and keeping busy with his church ac- bassador and Mrs. Blinken, distinguished ON THE LIFE AND WORK OF guests. tivities. But because of sickle cell disease, VARIAN FRY As President of the International Rescue there are times when he is too sick to do the Committee, I’d like to accomplish two objec- things you and I take for granted. HON. TOM LANTOS tives with some brief remarks. Dekerrian, however, is a young man filled My first objective is to explain why it is OF CALIFORNIA with strength and determination, and I believe important to remember Varian Fry’s life and that he will be able to achieve anything he IN THE HOUSE OF REPRESENTATIVES work. A very distinguished Board member sets out to do. Dekerrian is a true champion Monday, September 29, 1997 colleague of Congressman Lantos and Mrs. Blinken, Elie Wiesel, explains the matter de- in life and in school as he copes with this ge- Mr. LANTOS. Mr. Speaker, I call the atten- finitively in this passage from his book All netic blood disease which has no cure. tion of my colleagues to an excellent address Rivers to the Sea. Mr. Speaker, September is National Sickle given earlier this month in Budapest, Hungary, ‘‘Memory is a passion no less powerful or Cell Disease Awareness Month and there is at the opening of an exhibit on the Life and pervasive than love. What does it mean to re- still much to do in combating this disease. Work of Varian Fry by Mr. Reynold Levy, the member? It is to live in more than one world, Sickle cell anemia, the most common form of new President of the International Rescue to prevent the past from fading and to call the disease, affects 1 in 500 African-Ameri- up the future to illuminate it. It is to revive Committee. I am asking that Mr. Levy's ad- fragments of existence, to rescue lost beings, cans, or about 72,000 Americans. dress be placed in the Record. to cast light on faces and events and to drive All newborn babies should be tested for Mr. Speaker, on July 1st of this year, Mr. back the sands that cover the surface of sickle cell, because all forms of sickle cell dis- Levy assumed the position of President of the things, to combat oblivion and to reject ease are inherited. Children inherit genes for International Rescue Committee (IRC). This death.’’ the disease from their parents, and we need organization was founded over half a century In recognizing Varian Fry we ‘‘Rescue a to encourage everyone to learn more about ago by a number of distinguished Americans lost being . . . and drive back the sands that cover the surface of things.’’ sickle cell disease. in an effort to help mitigate the tragedy of dis- My second objective is to offer a perspec- Dekerrian is a true hero to all of us who are location and destruction which accompanied tive on Fry’s legacy. fighting sickle cell, and an inspiration to those World War II. Since its founding the IRC has For his heroic work and that of the Emer- who confront this illness. been one of the leading organizations in the gency Rescue Committee did not end with E1886 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 1997 his expulsion from France in 1941. It contin- In 1949, as a member of the Ohio Senate, he CAMPAIGN FINANCE REFORM ues to this day through the ERC’s successor won passage of legislation regulating organization, the International Rescue Com- consumer credit. After several attempts, he mittee. It has, to its credit, over 56 years of HON. RON KIND unbroken service to refugees and victims of won a seat in the U.S. Senate in 1976, start- OF WISCONSIN oppression. ing an 18-year career that placed him at the IN THE HOUSE OF REPRESENTATIVES With the end of World War II and the de- forefront of some of the most important issues feat of fascism, the IRC assisted hundreds of of our time. It was Senator Howard Metzen- Monday, September 29, 1997 thousands of displaced persons in Europe to baum who championed plant closing legisla- Mr. KIND. Mr. Speaker, for those who are re-build their shattered lives. Many came to tion and got the Worker Adjustment and Re- interested in passing legislation in Congress the United States and were helped by the training Notification [WARN] Act passed over that will fix the broken campaign finance sys- IRC to resettle and to become self-sufficient the President's veto. He was a vocal opponent tem, there appears to be good news on the citizens in their new country. The Iron Curtain that fell across Europe of corporate welfare before such opposition horizon. Last week the U.S. Senate began de- after the war produced a whole new set of became fashionable. When he retired in 1994, bate on the McCain-Feingold campaign fi- refugees—those fleeing Stalin’s dictatorship Democrats and Republicans alike hailed him nance reform bill. in the Soviet Union and the countries of as the conscience of the U.S. Senate. In this House the future of campaign finance Eastern Europe that had fallen under com- It is a fitting tribute to Senator Howard reform is not so clear. The leadership in the munist domination, not least the wonderful Metzenbaum that the Federal Courthouse at House has offered conflicting opinions on country of Hungary. The IRC, following in Public Square and Superior in Cleveland bear whether or not they will allow a debate on this the steps of Varian Fry, was there to rescue his name. The courthouse is a symbol of jus- issue. them in flight, including, of course, tens of thousands of Hungarians. tice, and Howard Metzenbaum built his career Many Members have been pressuring the Since the fall of the Berlin wall, the IRC on fighting for justice, fairness, and dignity for House leaders to schedule consideration of has been involved in every major refugee cri- all citizens. I commend this bill to my fellow any one of the reform bills currently pending in sis up to this day—making it the largest Members of Congress and urge its passage. Congress. I have been making a daily state- non-sectarian refugee relief organization in f ment on the floor of the House demanding a the world. Rescue teams are now at work in vote on finance reform. It is my hope that Bosnia, in Rwanda, in Cambodia and in 20 MAX BARTIKOWSKY HONORED BY these combined efforts, and the pressure more countries, bringing life-saving humani- JEWISH COMMUNITY CENTER being put on Members of Congress by the tarian aid, medical care, shelter and education to well over a million refugees. In ad- public, will force the leadership to reconsider dition, the IRC continues to resettle large HON. PAUL E. KANJORSKI their opposition to debate on a bill. numbers of political refugees coming to the OF PENNSYLVANIA However, my greatest fear is not that we United States. And, the IRC remains a IN THE HOUSE OF REPRESENTATIVES won't get a vote, but that we will get a cam- strong voice advocating for refugees, their Monday, September 29, 1997 paign finance reform bill containing a poison rights and their needs. pill that will doom the legislation. This, then is a powerful legacy of Varian Mr. KANJORSKI. Mr. Speaker, I am pleased The Republican leadership would like noth- Fry. His heroic exploits are the inspiration to have the opportunity to pay tribute today to ing better than to pass a campaign finance bill for the International Rescue Committee in a businessman and community leader from containing a poison pill that would force a veto its world-wide efforts to bring help, aid and my congressional district, Mr. Max comfort to the world’s refugees. His light, by the President. That way the Republicans which shone so dimly in the Hotel Splendide Bartikowsky. Next month the Jewish Commu- get political credit for passing a campaign fi- and on the rue Grignan, shines brightly nity Center will honor Max at a surprise nance reform bill while knowing full well that today, relieving human suffering and provid- brunch. I am proud to have been asked to the bill will never become law. ing refuge to so many who seek freedom and participate in this event. This works if you are satisfied with the sta- protection from a well-founded fear of perse- Max is the owner of one of Wilkes-Barre's tus quo, and many Members of Congress are cution. finest retailers, Bartikowsky Jewelers. The satisfied with the current system. It got them I thank you for being here today to pay store has been an institution in downtown elected, so why change it to give their oppo- tribute to a selfless hero whose rescue of en- Wilkes-Barre ever since Max's grandfather dangered lives inspires so many of my col- nents a chance to defeat them. leagues at the International Rescue Commit- emigrated from Poland and founded the store That approach may serve the self-interests tee. Each of us endeavors to honor in our 100 years ago. While other stores have fled of the Members of this House, but it would be work his resourcefulness, courage and for- for suburban shopping malls, it is a testament an injustice to the people we represent. If we titude. to Max's commitment to Wilkes-Barre that his are going to actually see real reform, the next f store has remained as a cornerstone of down- few days are crucial. I hope the leadership in town. the House of Representatives will see the wis- TRIBUTE TO HOWARD The business has always been an extension dom of cleaning up the political process by METZENBAUM of the Bartikowsky family's commitment to passing meaningful campaign finance reform civic involvement by being a key supporter of legislation. HON. DENNIS J. KUCINICH the United Way, Northeast Philharmonic, f OF OHIO American Heart Association, Hospice St. John, OPPORTUNITY SCHOLARSHIPS IN THE HOUSE OF REPRESENTATIVES the Diabetes Association, Children's Miracle Network, and the city of Wilkes-Barre fire and Monday, September 29, 1997 police departments, Max has built on and con- HON. RON PACKARD Mr. KUCINICH. Mr. Speaker, I rise today to tinued the family's tradition both personally OF CALIFORNIA honor the legacy of Howard Metzenbaum, and professionally. IN THE HOUSE OF REPRESENTATIVES former Senator from the State of Ohio. How- Max's personal community activities also fill ard Metzenbaum was a giant who strode a long list. He is an active supporter of Wyo- Monday, September 29, 1997 across the political landscape of Ohio for five ming Seminary, a prestigious local educational Mr. PACKARD. Mr. Speaker, I rise today to decades. Some called him a rabble-rouster institution. Along with Wyoming Seminary, urge my colleagues to support educational with a fierce independent streak. The Wash- Max is also involved in supporting the Rose freedom for the children of Washington, DC. ington Post called him ``an uncompromising, Brader Clinic where he was named person of By providing parents a choice in education, indefatigable and often irascible champion of the year in 1991. He has also been a strong kids in the District of Columbia can be rescued liberal causes.'' I always found him to be an supporter of Penn State University and has from drug-infested, run down schools. inspiration, a breath of fresh air who was will- been active in the Knights of Saber, Wilkes- The fiscal year 1998 District of Columbia ing to do whatever necessary to defend the in- Barre Lions. His personal dedication to the appropriations bill contains a provision to allow terests of working people. Jewish Community Center is also well known. parents in Washington, DC, to choose schools Howard Metzenbaum had a remarkably var- Mr. Speaker, I am proud to join with the for their children with the help of opportunity ied career. After graduating from law school in members of the Jewish Community Center to scholarships. Sadly, President Clinton has 1941, he became a labor lawyer in Cleveland recognize and pay tribute to an amazing and threatened to veto this legislation if opportunity and then the very successful owner of a string generous individual. I send my best wishes as scholarships are included in the bill. of parking lots. He started one of the Nation's the JCC honors one of its most distinguished Today, thousands of children in this city are first car rental companies, now known as Avis. and dedicated leaders. literally being robbed of their futures because September 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1887 this administration and congressional Demo- comprised of representatives from all the Fed- HMO ABUSE crats are afraid to anger powerful labor unions eral agencies to work with the council in a who support the status quo. Mr. Speaker, this public/private sector partnership. Finally, it was HON. FORTNEY PETE STARK is no longer about conservative versus liberal essential that we also come up with a busi- OF CALIFORNIA valuesÐthe parents of this city's children don't ness training program developed for women IN THE HOUSE OF REPRESENTATIVES want to make this politicalÐthey simply want addressing their unique needs. their children to get a quality education. Right Monday, September 29, 1997 On the heels of receiving this information, now, President Clinton refuses to let that hap- Mr. STARK. Mr. Speaker, there is a lot of pen. delivered to the Small Business Committee in talk about fraud, waste, and abuse in health Mr. Speaker, we can not afford to fail our landmark testimony, I introduced and Con- care. One type of fraud that does not get men- children. There is nothing more important than gress passed H.R. 5050. That bill, the Wom- tioned muchÐbut which cheats the taxpayers the quality of our schools and the value of the en's Business Ownership Act of 1988, in- and the beneficiaries out of billions of dollars education they provide. Without opportunity, cluded several very important initiatives, in- a yearÐis the overpayment of HMO's under we are shortchanging our children and depriv- cluding the creation of the National Women's Medicare. ing them of any hope for a prosperous future. Business Council. This was the first step in I would like to include in the RECORD a sum- The truth is, we are losing children every achieving our goals. mary of a recent Prospective Payment As- day to the lure of drugs and crime because Now, 10 years later, we have accomplished sessment Commission meeting, as prepared inner-city schools are failing to give them the all three of these goals. I am deeply gratified by Gray & Associates, a health consulting and tools they need to succeed. Mr. Speaker, to have played a role in the establishment of reporting service. At the ProPAC meeting, the many of these children may still get the all three and to see the fruits these efforts staff of this congressional advisory panel chance to receive the education they deserve have borne. While it is so often repeated, I still noted that the adjusted community rate dataÐ if their parents are given the choice to send think it merits mentioning just one more time. the data that determines how much extra an them to quality schools. There are more than 8 million women busi- HMO must provide its enrollees in benefits Mr. Speaker, I urge my colleagues to send ness owners in the United States today, rep- and servicesÐis suspect. the President a bill that contains opportunity resented by 1,000 women's business organi- I also include a letter I have sent to the Act- scholarships. We should let those who would zations. Looking back on where we were two ing Medicare Administrator regarding overpay- rather trap children in poor schools where decades ago when this all began. I am still ments to HMO's. The recent Denver HMO bid- crackpipes and drug syringes are as plentiful amazed at how the numbers of women entre- ding demonstrationÐblocked by Congress and as pencils explain why they think choice and preneurs have skyrocketed. With greater the courtsÐwould, if implemented nationwide, opportunity in education is such a bad idea. growth in women's business ownership on the save Medicare approximately $2 billion a year f horizon, it is even more incumbent upon us to while expanding the level of benefits to enroll- find ways to help these businesses succeed. ees. RECOGNIZING THE NATIONAL Mr. Speaker, the current system must be re- WOMEN’S BUSINESS COUNCIL On July 21, the National Women's Business formed, ASAP. Council, in partnership with the Federal Re- ADJUSTED COMMUNITY RATES HON. JOHN J. LaFALCE serve System and the Small Business Admin- istration, held an Access to Capital and Credit The adjusted community rate (ACR) is OF NEW YORK used to establish a risk contract’s premium IN THE HOUSE OF REPRESENTATIVES Expert Policy Workshop in my district, in my for Medicare, as well as the plan’s supple- hometown of Buffalo, NY. The purpose of the Monday, September 29, 1997 mental benefits. The form filled out by plans workshop was to make recommendations on demonstrates an actuarial equivalence be- Mr. LAFALCE. Mr. Speaker, as the ranking how to expand the access to capital and cred- tween the plan’s benefits and fee for service member of the Small Business Committee, I it. During this particular workshop, one of ten benefits, and establishes the difference that am proud that the reauthorization bill we re- held around the country, we focused on the is to be returned to the Medicare program either through waived premiums, extra bene- ported contains strong support for women growth in western New York. The National business owners. I am particularly delighted fits, or actual payments back to Medicare Women's Business Council has compiled the (no one does the third option). that our committee has reauthorized and ex- recommendations made by the great women Staff believes that the forms could be used panded the National Women's Business Coun- entrepreneurs of Buffalo and other women to glean useful cost information concerning cil. around the country into a report to be released the plans. This information could be used to As the Small Business Subcommittee Chair tomorrow. I look forward to working with the determine the fairness of Medicare payment in the 1970's, I held a number of hearings on rates. However, the current reliability of the Council on their implementation. the unique challenges and obstacles faced by data is highly suspect, mainly because the women business owners. Remembering these I have been working with the National Wom- information contained therein is not au- hearings, the late Gillian Rudd, then president en's Business Council since I helped to create dited. In fact, staff states that some plans it in 1988. They have been an incredible re- pick their final benefit plans, and make the of NAWBO, approached me shortly after I be- numbers on the form fit the final plan. Other came chairman of the House Small Business. source to me and my staff. They do a wonder- plans submit forms showing net losses per She said, ``Congressman LAFALCE, now that ful job of representing women business own- Medicare patient, which intuitively one you are Chairman of the full Committee, I ers around the country before Congress and knows cannot be accurate otherwise the hope you will do something what's never been the President, a task to which they have dedi- plans would not be financially able to par- done before. I hope you will take up the cause cated themselves wholeheartedly. The council ticipate year after year in Medicare. of women business owners and give them a is comprised of prominent women business The BBA now requires that the ACRs be seat at the table.'' That is exactly what I in- audited to ensue the quality of the data con- owners and national women's business orga- tained in them. Staff wants to take the now tended to do. nizations which represent millions of women fairly reliable data and try to reconcile bene- I asked Gillian to help me in preparing a se- entrepreneurs nationwide. It is currently fits packages with particular ACRs. Staff ries of hearings on women entrepreneurs. We chaired by Lillian Vernon, a true American also hopes its analysis will reveal whether searched for the best minds in the United success story. These accomplished women the new auditing requirements effect any States to learn about the business environ- are a resource at our disposal. major changes in the ACRs, which might, in ment that was out there for women business turn, effect payment changes in the Medi- owners. The hearings were a tremendous suc- In 1988, I held a series of hearings on the care risk contract program. cess, and we took our marching orders from problems that women entrepreneurs faceÐthe the women who testified. We have learned first series of its kindÐthat was compiled into COMMITTEE ON WAYS AND MEANS, that there were a number of things that Con- a report entitled ``New Economic Realities: U.S. HOUSE OF REPRESENTATIVES, gress needed to do immediately to support the The Role of Women Entrepreneurs.'' In it, I Washington, DC, September 23, 1997. growth of women owned enterprises said that there is a great untapped gold mine NANCY-ANN MIN DEPARLE, First and foremost, we needed to create a that exists within the American economy. Acting Administrator, Health Care Financing Administration, Washington, DC. There is a pool of talent that is so rich, that National Women's Business Council to be a DEAR NANCY-ANN: Enclosed is a page from voice for women entrepreneurs within the Fed- if we could tap into it and exploit it, we could a health care newsletter which I received eral Government. We also knew that there unleash a windfall for the American economy. today. It reports former Administrator would need to be an interagency task force, We have finally begun to do that. Vladeck as saying that before the Denver E1888 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 1997 demonstration was blocked, HCFA had re- law enforcement agents and 76 men, women, ther investigation of this tragedy be conducted, ceived four bids from HMOs that would have and children, in the worst law enforcement in order to come much closer than previously saved Medicare 10–12% and which ‘‘would tragedy in American history. Congressional to answering for those dead children and fu- have expanded current Medicare HMO benefits without any premium charge to enroll- hearings to uncover the truth of what hap- ture generations of Americans why this trag- ees.’’ pened at Waco, and to take steps to see that edy happened. How is it that a joint operation Not every newspaper report is accurate, a similar tragedy never happens again, were of the ATF, the FBI, and, in some respects, and I have certainly been misquoted a num- held in mid 1995, but failed to achieve their our military, under the direction of the top ber of times * * * but is this generally accu- full potential either in uncovering the truth leaders of this country, could result in the gas- rate? Did HCFA receive four such bids? about Waco or in taking meaningful steps to If so, during the Ways and Means Health sing and burning of dozens upon dozens of prevent a recurrence. men, women, and children, and virtually no Subcommittee’s anti-fraud hearing on Sep- One of the reasons the hearings were less tember 30th, I would like to discuss this steps resulting in accountability be taken? This issue as an example of waste and abuse, and than fully successful, was the lack of complete matter needs to be reopened and reexamined. I would urge you to speed the implementa- information and evidence available to Mem- I commend the reviews of this movie and the tion of risk adjustments and audits of ad- bers of Congress conducting the hearings. For film itself to all Americans. justed community rates. We need to make example, much evidence at the scene of the some immediate adjustments in HMO pay- tragedy was destroyed by the Federal Govern- [From the Chicago Sun-Times, Sept. 1997] ment rates and/or their payment of benefits ment immediately after the buildings burned to WACO: THE RULES OF ENGAGEMENT to enrollees—especially in light of the Au- the ground. Also, important pieces of evi- gust 18 GAO report (released September 16) dence, such as firearms reportedly seized by (By Roger Ebert) on the non-enrollment of the chronically ill in HMOs. the Government, were neither objectively test- Like many news-drenched Americans, I If the news report is accurate and the Den- ed nor made available to the Congress. Con- paid only casual attention to the standoff at ver experience could be applied nationwide, tinued evasion and stonewalling by the FBI Waco, Texas, between the Branch Davidians we would save at least $2 billion dollars a and the Department of Justice continues to and two agencies of the federal government. year in managed care payments with no de- this day. I came away with the vague impression that crease in benefits—or beneficiaries should be Recently, however, private citizens pro- the ‘‘cult,’’ as it was always styled, was a receiving substantially more. Thank you for duced and released a movie, entitled ``WACO: group of gun-toting crackpots, that they your help with this inquiry. the Rules of Engagement,'' which is playing to killed several U.S. agents, refused to nego- Sincerely, limited audiences across the country. The film tiate and finally shot themselves and burned PETE STARK, down their ‘‘compound’’ after the feds tried Member of Congress. ought to be reviewed by every government of- to end the siege peacefully with tear gas. ficial and law enforcement officer at the FBI, Watching William Gazecki’s remarkable the ATF and the Department of Justice, and [From the Managed Medicare & Medicaid documentary ‘‘Waco: the Rules of Engage- News] many at the Department of Defense. The film ment,’’ I am more inclined to use the words ought also to be required viewing for every Peter’s PHO, Albany, N.Y.; Crouse Irving ‘‘religion’’ than ‘‘cult,’’ and ‘‘church center’’ Memorial PHO, Syracuse, N.Y.; Chester Member of Congress, and every citizen of this than ‘‘compound.’’ Yes, the Branch County PHO, West Chester, Pa.; the PHO of country who is concerned about the dangers Davidians had some strange beliefs, but no Pennsylvania Hospital, Philadelphia; St. of militarization of domestic law enforcement weirder than those held by many other reli- Barnabas Health Care System Provider Part- in America, and who shares an interest in ac- gions. And it is pretty clear, on the basis of nership, Livingston, N.J. (including St. Bar- countability by those clothed with the power to this film, that the original raid was staged nabas Medical Center, Newark Beth Israel enforce the laws of our country. as a publicity stunt, and the final raid was a Medical Center and Monmouth Medical Cen- I have reviewed this film, and find it to be government riot—a tragedy caused by uniformed boys with toys. ter). HCFA still is negotiating payment rates a compelling and objective analysis of this for the ‘‘Provider Partnership’’ test but tragedy known forever more as simply, Of course I am aware that ‘‘Waco’’ argues hopes Medicare will save 5% on fee-for-serv- WACO. its point of view, and that there is no doubt ice rates under the combined payments, another case to be made. What is remark- I include for the RECORD a review of this im- which will be for all but a few acute care ad- able, watching the film, is to realize that the missions [Managed Med 7/28/97]. The agency portant documentary tape, which aired on federal case has not been made. Evidence has also expects bundling will help hospitals im- September 20, 1997, on the Siskel and Ebert been ‘‘lost,’’ files and reports have ‘‘dis- prove their Medicare margins by permitting Show, and was reviewed in writing by Roger appeared,’’ tapes have been returned blank, them better control of facility use by physi- Ebert, on September 19, 1997, in the Chicago participants have not testified and the cians. [Info: HCFA, 202/690–6145] Sun Times. Both of these respected and wide- ‘‘crime scene,’’ as a Texas Ranger indig- HCFA’s Denver-area bidding test could ly read film critics gave ``WACO: the Rules of nantly testifies, was not preserved for inves- have saved Medicare 10–12% on Denver-area Engagement'' a thumbs up. The reason they tigation, but razed to the ground by the capitation payments. The figure, disclosed FBI—presumably to destroy evidence. by ex-Administrator Bruce Vladeck, reflects gave it two thumbs up was that it fulfilled its four bids received by the agency before the purpose, which was to raise important ques- The film is persuasive because: demonstration was blocked by a federal tions in the minds of the viewers about how 1. It presents testimony from both sides, court [Managed Med 7/14/97]. At a farewell the U.S. Government handled the WACO trag- and shies away from cheap shots. We feel we meeting with health reporters last week, edy. The reviewers found it to be fair, persua- are seeing a fair attempt to deal with facts. Vladeck also said that the four bids would sive, and an important documentary. Roger 2. Those who attack the government are have expanded current Medicare HMO bene- Ebert found the film compellingly presented not simply lawyers for the Branch Davidians fits without any premium charge to enroll- or muckraking authors (although they are ees. Vladeck advised that the seven competi- witnesses who were telling the truth and that represented) but also solid middle-American tive bidding demonstrations authorized by the American people were sold a bill of goods types like the county sheriff, the district Congress in the final balanced budget bill about the Branch Davidians that wasn't nec- Texas Rangers, the FBI photographer on the [Managed Med 7/28/97] avoid markets that al- essarily true. scene, and the man who developed and pat- ready have at least ‘‘a half-dozen plans and In his written review, Mr. Ebert also correctly ented some of the equipment used by the FBI more pending’’ and ones where a single plan noted that after reviewing the tape, it was itself to film devastating footage that ap- has an overwhelming market share. Poor clear the original raid staged by ATF, in which pears to show its agents firing into the build- demonstration sties also include ill-defined both Branch Davidians and Federal agents ings—even though the FBI insists it did not HMO markets in southern California and ‘‘megalopolis’’ centers of the Northeast, he were killed, was simply a publicity stunt. He fire a single shot. believes. also found the film presented testimony from 3. The eyes of the witnesses. We all have both sides and resisted efforts to take cheap f built-in truth detectors, and although it is shots which would have been relatively easy. certainly possible for us to be deceived, there THE TRAGEDY OF WACO The reviewer also was struck by the scenes in is a human instinct that is hard to fool. DESERVES ANOTHER LOOK the film taken by FBI heat-sensitive cameras, Those who argue against the government in which seemed to show, including to the re- this film seem to be telling the truth, and viewer, FBI agents firing into the compound their eyes seem to reflect inner visions of HON. BOB BARR what they believe happened, or saw happen. OF GEORGIA even though the FBI steadfastly denies firing Most of the government defenders, including IN THE HOUSE OF REPRESENTATIVES any shots into the compound. an FBI spokesman and Attorney General The movie is a compelling documentary Monday, September 29, 1997 Janet Reno, seem to be following rehearsed which very clearly raises the question of why scripts and repeating cant phrases. Reno Mr. BARR of Georgia. Mr. Speaker, the the American people and the Congress are comes across particularly badly: Either she Waco tragedy in early 1993 killed 4 Federal not demanding as loudly as possible that fur- was misled by the FBI and her aides, or she September 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1889 was completely out of touch with what was ‘‘WACO: THE RULES OF ENGAGEMENT’’ excited and ready to go. Like that guy who happening. REVIEW says, ‘‘I’m honed to kill, I’m honed to kill.’’ If the film is to be believed, the Branch (By Siskel & Ebert) They just couldn’t wait to start shooting. Davidians were a harmless if controversial GENE SISKEL: The United States Con- GENE: Well, that’s why this is an impor- group of religious zealots, their beliefs gress investigates the debacle that four tant documentary in addition to just the stretching back many decades, who were sin- years ago killed 76 men, women, and children case that it deals with. Two things: one, the gled out for attention by the Bureau of Alco- who belonged to the Branch Davidian reli- macho element. Hey, If you’re on point for hol, Tobacco and Firearms for offenses, real gious sect based in Waco, Texas in a new doc- two months, you’re going to want to shoot or contrived, involving the possession of fire- umentary called ‘‘Waco,’’ which clearly at- something if you haven’t been able to! That’s arms—which is far from illegal in Texas. The tempts to establish that the agents from the telling us something. And the other one, and ATF hoped by raiding the group to repair its FBI and the Bureau of Alcohol, Tobacco, and I think this is the most interesting one, is tarnished image. And when four of its Firearms lied to Congress and the American how we learn from the media. The fault, ulti- agents, and several Davidians, were killed in people, and needlessly harassed and ultimately—and I’ll pick myself okay?—is that I a misguided raid, they played cover-up and mately murdered religious worshippers. To wasn’t as plugged in to this story as I should turned the case over to the FBI, which mis- start with, the FBI claims that they fired no have been, because I’m getting sometimes a handled it even more spectacularly. shots at the Branch Davidians. But the docu- headline service... What is clear, no matter which side you be- mentary has hired experts who argue other- ROGER: But of course, at the time there lieve, is that during the final deadly FBI raid wise, based on looking at surveillance tapes. was no information available about the other on the buildings, a toxic and flammable gas GENE: The documentary also argues that side! And now, when you see this film, what’s was pumped into the compound even though the FBI acted out of a macho, don’t-trifle- interesting as if you’re looking for people women and children were inside. ‘‘Tear gas’’ with-us posture toward the Branch who are unbalanced zealots... sounds innocent, but this type of gas could Davidians after, to be sure, a two-month GENE: Right. undergo a chemical transformation into cya- standoff. ROGER:... you don’t find them among the nide, and there is a pitiful shot of an 8-year- GENE: Singled out for scorn is the then- Branch Davidians, you find them among the old child’s body bent double, backward, by new Attorney General of the United States, FBI and Alcohol, Tobacco, and Firearms; the muscular contractions caused by cya- Janet Reno who, the film argues, let the FBI those are the people in this movie who de- nide. run wild, and crucially walked away from reserve to be feared, I think. What comes through strongly is the sense sponsibility by choosing to give a speech in GENE: Well, but what I’m saying is that that the attackers were ‘‘boys with toys.’’ nearby Baltimore rather than stay in her of- when we do these religious cult stories, when The film says many of the troops were fice and supervise the FBI’s invasion of the the media does these stories, then they bet- thrilled to get their hands on real tanks. Davidian compound. ter do a little bit harder reporting. I think Some of the law-enforcement types were GENE: ‘‘Waco: The Rules of Engage- that’s one of the things you take out. itching to ‘‘stop standing around.’’ One ment’’—that’s the full title of this documen- ROGER: Yeah, well, they should stay away SWAT team member boasts he is ‘‘honed to tary—it’s fascinating in the way it argues from the trigger words like ‘‘cult’’ and kill.’’ Nancy Sinatra’s ‘‘These Boots Are that the FBI acted irresponsibly. Would the ‘‘compound.’’ How about calling it a ‘‘reli- Made for Walking’’ was blasted over loud- documentary be stronger if the FBI had been gious group and their church?’’ That would speakers to deprive those inside of sleep (the allowed to argue its own case? Yes, defi- have changed the entire perception of what memory of that harebrained operation must nitely yes. But this is clearly an advocacy went on. piece of filmmaking, and it certainly raised still fill the agents with shame). GENE: Because to me the stunner is who plenty of questions in my mind about how was in that compound. Weren’t those . .. When the time came, on April 19, 1993, the our government handled the Waco tragedy. ROGER: Sensible . . . agents were apparently ready to rock ’n’ Thumbs up from me. GENE: Seemed like it. roll. Heat-sensitive films taken by the FBI ROGER EBERT: Thumbs way up for me, ROGER: * * * sincere people who were not and interpreted by experts seem to show FBI too. And you know, although it does have a under the hypnotic leadership . .. agents firing into the compound, firing on an particular point of view, it tries to be fair. It escape route after the fires were started, and does show information from both sides, but GENE: This is not Jim Jones, and the film deliberately operating on the side of the the defenders of the government positions makes the Guyana story, repeatedly makes compound hidden from the view of the press. are inarticulate, they are clearly I think not that comment. No evidence is presented that those inside saying everything that they’re thinking or THE CRITICS’ JOINT COMMENT FROM started fires or shot themselves. Although that they know, and they’re hewing to a THE SUMMARY PORTION OF THE PRO- many dead Davidians were indeed found with party line. You can look in the eyes of the GRAM gunshot wounds, all of the bullets and other people in this film and tell who you feel is GENE: Two thumbs up for the shocking evidence has been impounded by the FBI. telling the truth and who isn’t. And what it documentary ‘‘Waco: The Rules of Engage- Whatever happened at Waco, these facts re- amounts to here is that the American people ment,’’ a special motion picture. main: It is not against the law to hold irreg- were sold a bill of goods about the Branch ADDITIONAL, INDIVIDUAL COMMENTS ular religious beliefs. It is not illegal to hold Davidians what wasn’t necessarily true, that GENE: So we do have some young and trade firearms. It is legal to defend your these people were demonized... filmmakers here, but the real discovery is own home against armed assault, if that as- GENE: Yes. ‘‘Waco.’’ sault is illegal. It is impossible to see this ROGER:..in a way that wasn’t accurate. ROGER: This movie is moving around the film without reflecting that the federal gov- And then ‘‘boys with toys,’’ Gene. country. They are sometimes having discus- ernment, from the top down, treated the GENE: Yeah, I know. sions after it. I think that anyone who Branch Davidians as if those rights did not ROGER:...all those guys who never got a thinks they know what happened at Waco apply. chance to drive a tank before, and who were has another thing coming. E1890 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 1997 SENATE COMMITTEE MEETINGS 2:00 p.m. 2:00 p.m. Energy and Natural Resources Energy and Natural Resources Title IV of Senate Resolution 4, National Parks, Historic Preservation, and Water and Power Subcommittee agreed to by the Senate on February 4, Recreation Subcommittee To hold hearings on S. 725, to direct the 1977, calls for establishment of a sys- To hold hearings on S. 940, to provide for Secretary of the Interior to convey the tem for a computerized schedule of all a study of the establishment of Midway Collbran Reclamation Project to the meetings and hearings of Senate com- Atoll as a national memorial to the Ute Water Conservancy District and mittees, subcommittees, joint commit- Battle of Midway, and H.R. 765, to en- the Collbran Conservancy District, S. sure maintenance of a herd of wild 777, to authorize the construction of tees, and committees of conference. horses in Cape Lookout National Sea- the Lewis and Clark Rural Water Sys- This title requires all such committees shore. tem and to authorize assistance to the to notify the Office of the Senate Daily SD–366 Lewis and Clark Rural Water System, Digest—designated by the Rules Com- Select on Intelligence Inc. a nonprofit corporation, for the mittee—of the time, place, and purpose To hold hearings on the nomination of planning and construction of the water of the meetings, when scheduled, and Lt. Gen. John A. Gordon, USAF, to be supply system, H.R. 848, to extend the any cancellations or changes in the Deputy Director of Central Intel- deadline under the Federal Power Act meetings as they occur. ligence. applicable to the construction of the SD–106 AuSable Hydroelectric Project in New As an additional procedure along York, H.R. 1184, to extend the deadline with the computerization of this infor- OCTOBER 6 under the Federal Power Act for the mation, the Office of the Senate Daily 10:00 a.m. construction of the Bear Creek Hydro- Digest will prepare this information for Governmental Affairs electric Project in the State of Wash- printing in the Extensions of Remarks Permanent Subcommittee on Investiga- ington, and H.R. 1217, to extend the section of the CONGRESSIONAL RECORD tions deadline under the Federal Power Act on Monday and Wednesday of each To hold hearings to examine traditional for the construction of a hydroelectric week. frauds perpetrated over the Internet. project in the State of Washington. SD–342 SD–366 Meetings scheduled for Tuesday, Sep- tember 30, 1997, may be found in the OCTOBER 7 OCTOBER 8 Daily Digest of today’s RECORD. 9:00 a.m. 9:30 a.m. Agriculture, Nutrition, and Forestry Energy and Natural Resources MEETINGS SCHEDULED To hold hearings on proposed legislation To hold hearings on S. 1064, to amend the relating to food safety. Alaska National Interest Lands Con- servation Act to more effectively man- OCTOBER 1 SR–332 10:00 a.m. age visitor service and fishing activity 9:00 a.m. Banking, Housing, and Urban Affairs in Glacier Bay National Park. Appropriations Securities Subcommittee SD–366 Labor, Health and Human Services, and Indian Affairs Education Subcommittee To hold joint hearings with the Commit- tee on Finance’s Subcommittee on So- To hold hearings on the proposed settle- To hold hearings to examine the results ment between State Attorneys General of the nationwide study by the Na- cial Security and Family Policy and and tobacco companies, focusing on the tional Cancer Institute of Radioactive Subcommittee on Health Care to exam- proposed Indian provision. Fallout from Nuclear Testing. ine investment based alternatives to SR–485 SD–192 the current pay-as-you-go method of fi- 9:30 a.m. nancing Social Security and Medicare. 10:00 a.m. Commerce, Science, and Transportation SD–215 Governmental Affairs To hold hearings on the nomination of Finance To continue hearings to examine certain William E. Kennard, of California, to Social Security and Family Policy Sub- matters with regard to the commit- be a Member of the Federal Commu- committee tee’s special investigation on campaign nications Commission. To hold joint hearings with the Commit- financing. SR–253 tee on Finance’s Subcommittee on SH–216 10:00 a.m. Health Care and the Committee on Labor and Human Resources Armed Services Banking, Housing, and Urban Affairs’ To hold hearings on the nomination of To hold hearings on the nomination of Subcommittee on Securities to exam- David Satcher, of Tennessee, to be As- Jacques S. Gansler, of Virginia, to be ine investment based alternatives to sistant Secretary of Health and Human Under Secretary of Defense for Acquisi- the current pay-as-you-go method of fi- Services and Medical Director and Sur- tion and Technology. nancing Social Security and Medicare. geon General of the Public Health SR–222 SD–215 Service, Department of Health and Foreign Relations Finance Human Services. Near Eastern and South Asian Affairs Sub- Health Care Subcommittee SD–430 committee To hold joint hearings with the Commit- To hold hearings to examine recent tee on Banking, Housing, and Urban OCTOBER 9 events in Algeria. Affairs’ Subcommittee on Securities 9:30 a.m. SD–419 and the Committee on Finance’s Sub- Labor and Human Resources Governmental Affairs committee on Social Security and Public Health and Safety Subcommittee To continue hearings to examine certain Family Policy to examine investment To hold hearings to examine the Na- matters with regard to the commit- based alternatives to the current pay- tional Institutes of Health clinical re- tee’s special investigation on campaign financing. as-you-go method of financing Social search. SH–216 Security and Medicare. SD–430 Judiciary SD–215 10:00 a.m. To hold hearings to examine Congress’ Foreign Relations Governmental Affairs constitutional role in protecting reli- To hold hearings to examine the strate- To continue hearings to examine certain gious liberty. gic rationale for NATO enlargement. matters with regard to the commit- SD–226 SD–419 tee’s special investigation on campaign Labor and Human Resources Governmental Affairs financing. To hold hearings to examine voluntary To resume hearings to examine certain SH–216 initiatives to expand health insurance matters with regard to the commit- 2:00 p.m. coverage. tee’s special investigation on campaign Energy and Natural Resources SD–430 financing. National Parks, Historic Preservation, and Rules and Administration SH–216 Recreation Subcommittee Closed business meeting, concerning pe- Labor and Human Resources To hold oversight hearings on the fea- titions filed in connection with a con- To hold hearings on the nomination of sibility of using bonding techniques to tested U.S. Senate election held in Charles N. Jeffress, of North Carolina, finance large-scale capital projects in Louisiana in November 1996. to be an Assistant Secretary of Labor. the National Park System. SR–301 SD–430 SD–366 September 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1891 OCTOBER 21 OCTOBER 27 OCTOBER 29 9:30 a.m. 2:00 p.m. 9:30 a.m. Labor and Human Resources Labor and Human Resources Indian Affairs To hold hearings on S. 1124, to amend Public Health and Safety Subcommittee To resume oversight hearings on propos- title VII of the Civil Rights Act of 1964 To hold hearings to examine proposals to als to reform the management of In- to establish provisions with respect to deter youth from using tobacco prod- dian trust funds. religious accommodation in employ- ucts. Room to be announced ment. SD–430 SD–430 OCTOBER 30 OCTOBER 28 10:00 a.m. OCTOBER 22 Labor and Human Resources 10:00 a.m. 9:30 a.m. To hold hearings to examine recent de- Labor and Human Resources Labor and Human Resources velopments and current issues in HIV/ To resume hearings to examine an Ad- Business meeting, to consider pending AIDS. calendar business. ministration study on the confidential- SD–430 SD–430 ity of medical information and rec- Indian Affairs ommendations on ways to protect the To hold hearings on S. 1077, to amend the privacy of individually identifiable in- Indian Gaming Regulatory Act. formation and to establish strong pen- CANCELLATIONS Room to be announced alties for those who disclose such information. OCTOBER 2 OCTOBER 23 SD–430 10:00 a.m. 10:00 a.m. Governmental Affairs Labor and Human Resources To continue hearings to examine certain To hold hearings on S. 869, to prohibit matters with regard to the commit- employment discrimination on the tee’s special investigation on campaign basis of sexual orientation. financing. SD–430 SH–216 Monday, September 29, 1997 Daily Digest

HIGHLIGHTS The House passed H.J. Res. 94, continuing resolution for the FY 1998. Senate Lott Amendment No. 1265 (to Amendment No. Chamber Action 1264), to guarantee that contributions to Federal po- Routine Proceedings, pages S10103–S10184 litical campaigns are voluntary. Pages S10113±16 Measures Introduced: Four bills were introduced, Senate may resume consideration of the bill on as follows: S. 1233–1236. Page S10153 Tuesday, September 30, 1997. Measures Passed: Continuing Appropriations, 1998—Agreement: A unanimous-consent agreement was reached providing Native American Programs: Senate passed S. for the consideration of H.J. Res. 94, making con- 459, to amend the Native American Programs Act tinuing appropriations for the fiscal year 1998. of 1974 to extend certain authorizations, after agree- Page S10183 ing to a committee amendment in the nature of a Messages From the House: Page S10152 substitute. Pages S10183±84 Communications: Pages S10152±53 Campaign Finance Reform: Senate resumed consideration of S. 25, to reform the financing of Fed- Statements on Introduced Bills: Pages S10153±76 eral elections, as modified, taking action on amend- Additional Cosponsors: Page S10176 ments proposed thereto, as follows: Pages S10103±51 Amendments Submitted: Pages S10176±78 Pending: Lott Amendment No. 1258, to guarantee that Notices of Hearings: Page S10178 contributions to Federal political campaigns are vol- Authority for Committees: Page S10178 untary. Page S10112 Additional Statements: Pages S10178±81 Lott Amendment No. 1259 (to Amendment No. Adjournment: Senate convened at 12 noon, and ad- 1258), in the nature of a substitute. Page S10112 journed at 6:36 p.m., until 10 a.m., on Tuesday, Lott Amendment No. 1260 (to Amendment No. September 30, 1997. (For Senate’s program, see the 1258), to guarantee that contributions to Federal po- remarks of the Acting Majority Leader in today’s litical campaigns are voluntary. Page S10112 Record on page S10184.) Lott Amendment No. 1261, in the nature of a substitute. Pages S10112±13 Lott Amendment No. 1262 (to Amendment No. Committee Meetings 1261), to guarantee that contributions to Federal po- (Committees not listed did not meet) litical campaigns are voluntary. Page S10113 Motion to recommit the bill to the Committee on FBI CRIME LAB Rules and Administration with instructions to report Committee on the Judiciary: Subcommittee on Admin- back forthwith, with an amendment. Pages S10113±16 istrative Oversight and the Courts concluded over- Lott Amendment No. 1263 (to instructions of sight hearings to review the operations of the Federal motion to recommit), to guarantee that contribu- Bureau of Investigation crime laboratory, after re- tions to Federal political campaigns are voluntary. ceiving testimony from Representative Wexler; Mi- Pages S10113±16 chael R. Bromwich, Inspector General, Donald W. Lott Amendment No. 1264 (to Amendment No. Thompson, Jr., Acting Director, and Randall S. 1263), in the nature of a substitute. Pages S10113±16 Murch, Deputy Assistant Director and Chief Sci- entific Officer, both of the FBI Laboratory Division, D1024 September 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1025 Edmund Kelso and Drew Richardson, both FBI Lab California; Gerald B. Lefcourt, New York, New Unit Chiefs, William Tobin, FBI Chief Metallurgist, York, on behalf of the National Association of and James E. Corby, former FBI Lab Unit Chief, all Criminal Defense Lawyers; Stephen M. Kohn, Na- of the Department of Justice; Barry A.J. Fisher, Los tional Whistleblower Center, Washington, D.C.; and Angeles County Sheriffs Department, Los Angeles, Frederic Whitehurst, La Plata, Maryland. h House of Representatives Act of Congress and the concurrence of the Governor Chamber Action and State legislature for the establishment by the Bills Introduced: 8 public bills, H.R. 2570–2577; President of national monuments in excess of 5,000 and 4 resolutions, H. Res. 249–252, were intro- acres (H. Rept. 105–283); and duced. Page H8160 Conference report on H.R. 2378, making appro- Reports Filed: Reports were filed today as follows: priations for the Treasury Department, the United H.R. 695, to amend title 18, United States Code, States Postal Service, the Executive Office of the to affirm the rights of United States persons to use President, and certain Independent Agencies, for the and sell encryption and to relax export controls on fiscal year ending September 30, 1998 (H. Rept. encryption, amended (H. Rept. 105–108 Part 5); 105–284). Pages H8137±58, H8160 H.R. 512, to prohibit the expenditure of funds from the Land and Water Conservation Fund for the Speaker Pro Tempore: Read a letter from the creation of new National Wildlife Refuges without Speaker wherein he designated Representative specific authorization from Congress pursuant to a Nethercutt to act as Speaker pro tempore for today. recommendation from the United States Fish and Page H8057 Wildlife Service to create the refuge (H. Rept. Recess: The House recessed at 10:43 a.m. and re- 105–276); convened at 12:00 noon. Page H8058 H.R. 2233, to assist in the conservation of coral Suspensions: The House agreed to suspend the rules reefs, amended (H. Rept. 105–277); H.R. 1476, to settle certain Miccosukee Indian and pass the following measures: land takings claims within the State of Florida (H. Au Pair Programs: S. 1211, to provide perma- Rept. 105–278); nent authority for the administration of au pair pro- H.R. 2007, to amend the Act that authorized the grams (passed by a recorded vote of 377 ayes to 33 Canadian River reclamation project, Texas, to direct noes, Roll No. 462). Pages H8062, H8101±02 the Secretary of the Interior to allow use of the Small Business Programs: H.R. 2261, amended, project distribution system to transport water from to reauthorize and amend the programs of the Small sources other than the project amended (H. Rept. 105–279); Business Act and the Small Business Investment Act H. Res. 253, providing for consideration of H. (passed by a recorded vote of 397 ayes to 17 noes, Res. 244, demanding that the Office of the United Roll No. 463). Subsequently, the House passed S. States Attorney for the Central District of California 1139, a similar Senate-passed bill, after it was file criminal charges against Hermandad Mexicana amended to contain the text of H.R. 2261 as passed Nacional for failure to comply with a valid subpoena the House; H.R. 2261 was then laid on the table; under the Federal Contested Elections Act (H. Rept. and the title of S. 1139 was amended. 105–280); Pages H8070±81, H8102±13 H. Res. 254, waiving points of order against the Energy Policy and Conservation Act: H.R. 2472, conference report to accompany H.R. 2203, making to extend certain programs under the Energy Policy appropriations for energy and water development for and Conservation Act (passed by a recorded vote of the fiscal year ending September 30, 1998 (H. Rept. 405 ayes to 8 noes, Roll No. 454). 105–281); Pages H8086±87, H8113±14 H. Res. 255, providing for consideration of H.R. 1370, to reauthorize the Export-Import Bank of the Suspensions—Votes Postponed: Further proceed- United States (H. Rept. 105–282); ings on motions to suspend the rules and pass the H. Res. 256, providing for consideration of H.R. following measures were postponed until a subse- 1127, to amend the Antiquities Act to require an quent legislative day: D1026 CONGRESSIONAL RECORD — DAILY DIGEST September 29, 1997 Religious Workers Act: S. 1198, amended, to States Courthouse’’—clearing the measure for the amend the Immigration and Nationality act to pro- President; Page H8090 vide permanent authority for entry into the United Howard M. Metzenbaum U.S. Courthouse: S. States of certain religious workers; Pages H8060±61 833, to designate the Federal building courthouse at Refugee and Entrant Assistance: S. 1161, To Public Square and Superior Avenue in Cleveland, Amend the Immigration and Nationality Act to au- Ohio, as the ‘‘Howard M. Metzenbaum United thorize appropriations for refugee and entrant assist- States Courthouse’’—clearing the measure for the ance for fiscal years 1998 and 1999; Pages H8061±62 President; Page H8091 Clint and Fabens, Texas Independent School Ted Weiss U.S. Courthouse: H.R. 548, to des- Districts Conveyance: H.R. 1116, to provide for the ignate the United States courthouse located at 500 conveyance of the reversionary interest of the United Pearl Street in New York City, New York, as the States in certain lands to the Clint Independent ‘‘Ted Weiss United States Courthouse’’; School District and the Fabens Independent School Pages H8091±92 District; Pages H8062±63 Aviation Insurance Reauthorization Act: H.R. Sense of Congress Regarding the Ocean: H. Con. 2036, amended, to amend chapter 443 of title 49, Res. 131, amended, expressing the sense of Congress United States Code, to extend the authorization of regarding the ocean; Pages H8063±66 the aviation insurance program; and Pages H8092±94 Coral Reef Conservation Act: H.R. 2233, amend- William Augustus Bootle Federal Building and ed, to assist in the conservation of coral reefs; U.S. Courthouse: H.R. 595, to designate the Federal Pages H8066±67 building and United States courthouse located at 475 Mulberry Street in Macon, Georgia, as the Canadian River Reclamation Project, Texas: ‘‘William Augustus Bootle Federal Building and H.R. 2007, amended, to amend the Act that author- United States Courthouse’’. Pages H8095±96 ized the Canadian River reclamation project, Texas, to direct the Secretary of the Interior to allow use Recess: The House recessed at 2:32 p.m. and recon- of the project distribution system to transport water vened at 5:00 p.m. Page H8096 from sources other than the project; Pages H8067±69 Late Report: Conferees received permission to have Miccosukee Settlement Act: H.R. 1476, to settle until midnight tonight to file a conference report on certain Miccosukee Indian land takings claims with- H.R. 2378, making appropriations for the Treasury Department, the United States Postal Service, the in the State of Florida; Pages H8069±70 Executive Office of the President, and certain Inde- Child Support Incentive Act: H.R. 2487, amend- pendent Agencies, for the fiscal year ending Septem- ed, to improve the effectiveness and efficiency of the ber 30, 1998. Page H8096 child support enforcement program and thereby in- Order of Business—Treasury, Postal Service crease the financial stability of single parent families Conference Report: It was made in order that on including those attempting to leave welfare; Tuesday, September 30 or on any day thereafter, to Pages H8081±84 consider the conference report to accompany H.R. Securities and Exchange Commission Authoriza- 2378; that all points of order against the conference tion Act: H.R. 1262, to authorize appropriations for report and against its consideration be waived; and the Securities and Exchange Commission for fiscal that the conference report be considered as read years 1998 and 1999; Pages H8084±86 when called up. Page H8096 FERC Project in Iowa: H.R. 2165, to extend the Motion to Adjourn: Rejected the Miller of Califor- deadline under the Federal Power Act applicable to nia motion to adjourn by a yea and nay vote of 55 the construction of FERC Project Number 3862 in yeas to 339 nays, Roll No. 460. Pages H8096±97 the State of Iowa; Pages H8087±88 Continuing Resolution for FY 1998: The House Coastal Pollution Reduction Act: H.R. 2207, passed H.J. Res. 94, making continuing appropria- amended, to amend the Federal Water Pollution tions for the fiscal year 1998, by a yea and nay vote Control Act concerning a proposal to construct a of 355 yeas to 57 nays, Roll No. 461. deep ocean outfall off the coast of Mayaguez, Puerto Pages H8097±H8101 Rico; Pages H8088±90 Committee Election—Committee on Standards of Martin V. B. Bostetter, Jr. U.S. Courthouse: S. Official Conduct: The House agreed to H. Res. 819, to designate the United States courthouse at 249, electing Representatives Smith of Texas, Hefley 200 South Washington Street in Alexandria, Vir- of Colorado, Goodlatte, and Knollenberg to the ginia, as the ‘‘Martin V. B. Bostetter, Jr. United Committee on Standards of Official Conduct; and September 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1027 the House agreed to H. Res. 250 electing Represent- for the participation of certain Chinese officials in atives Sabo, Pastor, Fattah, and Lofgren to the same international conferences, programs, and activities committee. Page H8114 and to provide that certain Chinese officials shall be Senate Messages: Message received from the Senate ineligible to receive visas and be excluded from ad- today appears on page H8057. mission to the United States. Amendments: Amendment ordered printed pursu- EXPORT-IMPORT BANK ant to the rule appears on page H8161. REAUTHORIZATION Quorum Calls—Votes: Two yea-and-nay votes and Committee on Rules: Granted by voice vote, a modified three recorded votes developed during the proceed- closed rule on H.R. 1370, to reauthorize the Export- ings of the House today and appear on pages Import Bank of the United States, providing one H8096–97, H8101, H8101–02, H8102–03, and hour of general debate equally divided between the H8113–14. There were no quorum calls. Chairman and ranking minority member of the Committee on Banking and Financial Services. The Adjournment: Met at 10:30 a.m. and adjourned at rule provides for consideration of the committee 9:52 p.m. amendment in the nature of a substitute now printed in the bill as an original bill for the purpose of Committee Meetings amendment and waives points of order against the amendment in the nature of a substitute for failure DISTRICT OF COLUMBIA APPROPRIATIONS to comply with clause 7 of Rule XVI (relating to Committee on Appropriations: Ordered reported the Dis- germaneness). The rule makes in order only those trict of Columbia appropriations for fiscal year 1998. amendments printed in the report of the Committee MEDICARE WASTE, FRAUD, AND ABUSE on Rules. The rule provides that each amendment may be offered only in the order printed in the re- Committee on Commerce: Subcommittee on Oversight port, may be offered only by a Member designated and Investigations held a hearing on Medicare in the report, shall be considered as read, shall be Waste, Fraud, and Abuse. Testimony was heard from debatable for the time specified in the report equally Joel Willemssen, Director, Accounting and Informa- divided and controlled by the proponent and an option Management Division, GAO; and the following ponent, shall not be subject to amendment, and shall officials of the Department of Health and Human not be subject to a demand for a division of the Services: George M. Reeb, Assistant Inspector Gen- question in the House or in the Committee of the eral, Health Care Financing Audits, Office of the In- Whole. The rule grants authority to the Chairman spector General; and Bruce Fried, Director, Center of the Committee of the Whole to postpone recorded for Health Plans and Providers, Health Care Financ- votes and reduce voting time to 5 minutes provided ing Administration. that the first vote in a series is not less than 15 min- FREEDOM FROM GOVERNMENT utes. Finally, the rule provides one motion to recom- COMPETITION ACT mit, with or without instructions. Testimony was heard from Chairman Leach and Representatives Cas- Committee on Government Reform and Oversight: Sub- tle, LaFalce, and Vento. committee on Government Management, Informa- tion, and Technology held a hearing on H.R. 716, NATIONAL MONUMENT FAIRNESS ACT Freedom from Government Competition Act of Committee on Rules: Granted, by voice vote, a modi- 1997. Testimony was heard from Senator Thomas; fied closed rule on H.R. 1127, National Monument Ed DeSeve, Acting Deputy Director, Management, Fairness Act of 1997, providing one hour of general OMB; L. Nye Stevens, Director, Federal Manage- debate to be equally divided between the chairman ment and Workforce Issues, GAO; Steve Goldsmith, and ranking minority member of the Committee on Mayor, Indianapolis, Indiana; Shirley Ybarra, Deputy Resources. The rule makes in order the Committee Secretary, Transportation, State of Virginia; and a on Resources amendment in the nature of a sub- public witness. stitute as an original bill for purpose of amendment, which shall be considered as read. The rule provides MISCELLANEOUS MEASURES for the consideration of the amendments printed in Committee on International Relations: Ordered reported the report of the Committee on Rules, which shall amended the following bills: H.R. 2232, Radio Free be considered only in the order printed in the report, Asia Act of 1997; and H.R. 2358, Political Freedom may be offered only by a Member designated in the in China Act of 1997. report, shall be considered as read, shall be debatable The Committee failed to approve H.R. 967, to for the time specified in the report equally divided prohibit the use of United States funds to provide and controlled by the proponent and an opponent, D1028 CONGRESSIONAL RECORD — DAILY DIGEST September 29, 1997 shall not be subject to amendment, and shall not be of the District of Columbia, to be Director of the Office subject to a demand for a division of the question of Thrift Supervision, Department of the Treasury, 9:30 in the House or in the Committee of the Whole. a.m., SD–538. The rule allows the Chairman of the Committee of Committee on Commerce, Science, and Transportation, to the Whole to postpone votes during consideration of hold hearings on the nominations of Michael K. Powell, of Virginia, Harold W. Furchtgott-Roth, of the District the bill, and to reduce votes to five minutes on a of Columbia, and Gloria Tristani, of New Mexico, each postponed question if the vote follows a fifteen to be a Member of the Federal Communications Commis- minute vote. Finally, the rule provides one motion sion, 9:30 a.m., SR–253. to recommit, with or without instructions. Testi- Full Committee, to hold hearings to examine the Presi- mony was heard from Representatives Hansen, Boeh- dent’s request for fast-track trade negotiation authority, lert, Hostettler, and Vento. 2:30 p.m., SR–253. Committee on Energy and Natural Resources, to hold over- DORNAN V. SANCHEZ—CONTESTED sight hearings on the impacts of a new climate treaty on ELECTION U.S. labor, electricity supply, manufacturing, and the Committee on Rules: Granted, by a vote of 6 to 3, a general economy, 9:30 a.m., SD–366. closed rule on H. Res. 244, demanding that the Of- Committee on Environment and Public Works, business fice of the United States Attorney for the Central meeting, to mark up S. 1180, to authorize funds for pro- District of California file criminal charges against grams of the Endangered Species Act, 9:30 a.m., SD–406. Committee on Governmental Affairs, to resume hearings to Hermandad Mexicana Nacional for failure to comply examine certain matters with regard to the committee’s with a valid subpoena under the Federal Contested special investigation on campaign financing, 10 a.m., Elections Act, providing one hour of debate equally SH–216. divided between the chairman and ranking minority Committee on the Judiciary, Subcommittee on Constitution, member of the Committee on House Oversight. The Federalism, and Property Rights, to hold hearings to exam- rule waives points of order against consideration of ine unconstitutional set-asides, focusing on ISTEA’s race- the resolution. Finally, the rule provides one motion based set-asides after the Supreme Court case ‘‘Adarand’’, to recommit which may not contain instructions and 10:30 a.m., SD–226. on which the previous question shall be considered Full Committee, to hold hearings on the nomination as ordered. Testimony was heard from Chairman of Raymond C. Fisher, of California, to be Associate At- Thomas and Representatives Ehlers, Gejdenson, torney General, Department of Justice, 2 p.m., SD–226. Full Committee, to hold hearings on the nominations Hoyer, DeLauro, Furse, and Becerra. of Ronald Lee Gilman, of Tennessee, to be United States CONFERENCE REPORT—ENERGY AND Circuit Judge for the Sixth Circuit, Sonia Sotomayor, of WATER APPROPRIATIONS New York, to be United States Circuit Judge for the Sec- ond Circuit, Richard Conway Casey, to be United States Committee on Rules: Granted, by voice vote, a rule District Judge for the Southern District of New York, waiving all points of order against the conference re- James S. Gwin, to be United States District Judge for the port to accompany H.R. 2203, making appropria- Northern District of Ohio, Dale A. Kimball, to be Unit- tions for energy and water development for the fiscal ed States District Judge for the District of Utah, Algenon year ending September 30, 1998, and against its L. Marbley, to be United States District Judge for the consideration. The rule also provides that the con- Southern District of Ohio, and Charles J. Siragusa, to be ference report shall be considered as read. Testimony United States District Judge for the Western District of was heard from Representatives McDade and Fazio. New York, 3 p.m., SD–226. Committee on Labor and Human Resources, to resume hear- f ings to examine the scope and depth of the proposed set- COMMITTEE MEETINGS FOR tlement between State Attorneys General and tobacco companies to mandate a total reformation and restructur- TUESDAY, SEPTEMBER 30, 1997 ing of how tobacco products are manufactured, marketed, (Committee meetings are open unless otherwise indicated) and distributed in America, 10 a.m., SD–430. Senate NOTICE Committee on Banking, Housing, and Urban Affairs, to For a listing of Senate committee meetings sched- hold hearings on the nominations of Laura S. Unger, of uled ahead, see pages E1890–91 in today’s Record. New York, and Paul R. Carey, of New York, each to be a Member of the Securities and Exchange Commission, House Dennis Dollar, of Mississippi, to be a Member of the Na- Committee on Banking and Financial Services, Subcommit- tional Credit Union Administration Board, Edward M. tee on General Oversight and Investigations, hearing to Gramlich, of Virginia, and Roger Walton Ferguson, of review OPM’s Report on Improper Hiring Practices at Massachusetts, each to be a Member of the Board of Gov- the National Credit Union Administration, 10 a.m., 2128 ernors of the Federal Reserve System, and Ellen Seidman, Rayburn. September 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1029

Committee on Commerce, Subcommittee on Health and Committee on Resources, oversight hearing on issues sur- Environment, hearing on an Overview of National Insti- rounding use of fire as a management tool and its risks tutes of Health Programs, 10 a.m., 2123 Rayburn. and benefits as they relate to the health of the National Subcommittee on Telecommunications, Trade, and Forests and the EPA’s National Ambient Air Quality Consumer Protection, hearing on H.R. 1872, Commu- Standards, 11 a.m., 1324 Longworth. nications Satellite Competition and Privatization Act of Subcommittee on National Parks and Public Lands, 1997, 9 a.m., 2322 Rayburn. oversight hearing on Grazing Reductions and other issues Committee on Education and the Workforce, Subcommittee on BLM lands, 10 a.m., 1334 Longworth. on Early Childhood, Youth and Families, hearing on Pub- Committee on Science, Subcommittee on Basic Research, lic and Private School Choice, 10 a.m., 2175 Rayburn. to continue hearings on Domain Name System (Part 2), Subcommittee on Workforce Protections, hearing to 10 a.m., 2318 Rayburn. Review the Federal Employees Compensation Act Committee on Transportation and Infrastructure, Sub- (FECA), 10 a.m., 2261 Rayburn. committee on Aviation, hearing on FAA’s efforts to close Committee on Government Reform and Oversight, to con- and consolidate flight service stations and to consider sider the following bills: H.R. 404, to amend the Federal H.R. 1454, to prohibit the Administrator of the Federal Property and Administrative Services Act of 1949 to au- Aviation Administration from closing certain flight serv- thorize the transfer to State and local governments of cer- ice stations, 2 p.m., 2167 Rayburn. tain surplus property for use for law enforcement or pub- Committee on Veterans’ Affairs, to mark up the following: lic safety purposes; and H.R. 1962, Presidential and Ex- a measure authorizing VA construction projects; and ecutive Office Financial Accountability Act of 1997, 11 H.R. 1703, Department of Veterans Affairs Employment a.m., 2154 Rayburn. Discrimination Prevention Act, 10:30 a.m., 334 Cannon. Committee on International Relations, to mark up H.R. Committee on Ways and Means, Subcommittee on Trade, 2386, United States-Taiwan Anti-Ballistic Missile De- hearing on the implementation of Fast Track Trade Au- fense Cooperation Act; followed by a hearing on Imple- thority, 10 a.m., 1100 Longworth. mentation of the U.S.-China Nuclear Cooperation Agree- Permanent Select Committee on Intelligence, executive, brief- ment: Whose Interests Are Served? 10 a.m., 2172 Ray- ing on Gulflink, 2 p.m., H–405 Capitol. burn. Subcommittee on Asia and the Pacific, hearing on the Joint Meetings Administration’s Policy Toward Asia, 2 p.m., 2172 Ray- burn. Conferees, on H.R. 2107, making appropriations for the Committee on the Judiciary, oversight hearing on Seeking Department of the Interior and related agencies for the Results from the Department of Justice, 9:30 a.m., 2141 fiscal year ending September 30, 1998, 2 p.m., S–5, Cap- Rayburn. itol. Subcommittee on Courts and Intellectual Property, to Conferees, on H.R. 1757, to consolidate international af- mark up the following: H.R. 1534, Private Property fairs agencies, and to authorize appropriations for the De- Rights Implementation Act of 1997; H.R. 1967, to partment of State and related agencies for fiscal years amend title 17, United States Code, to provide that the 1998 and 1999, 4 p.m., S–116, Capitol. distribution before January 1, 1978, of a phonorecord Conferees, on H.R. 2158, making appropriations for the shall not for any purpose constitute a publication of the Departments of Veterans Affairs and Housing and Urban musical work embodied therein; H.R. 2265, No Elec- Development, and for sundry independent agencies, com- tronic Theft (NET) Act; and the Copyright Term Exten- missions, corporations, and offices for the fiscal year end- sion Act, 10:30 a.m., 2226 Rayburn. ing September 30, 1998, 4 p.m., H–140, Capitol. D1030 CONGRESSIONAL RECORD — DAILY DIGEST September 29, 1997

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

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of Conference Re- of S. 1156, D.C. Appropriations, 1998, with a cloture port on H.R. 2203, Energy and Water Development Ap- vote on Coats Modified Amendment No. 1249, regarding propriations; school vouchers, to occur thereon. Senate will also con- Consideration of H. Res. 244, demanding that the U.S. sider a continuing appropriations resolution, and may re- Attorney file criminal charges against Hermandad sume consideration of S. 25, Campaign Finance Reform. Mexicana Nacional for failure to comply with a valid sub- (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- poena under the Federal Contested Elections Act (subject spective party conferences.) to a rule); Complete consideration of H.R. 2267, Commerce, Jus- tice, State and the Judiciary Appropriations (open rule); and Consideration of H.R. 1370, to reauthorize the Export- Import Bank of the United States (subject to a rule).

Extensions of Remarks, as inserted in this issue

HOUSE Kind, Ron, Wisc., E1886 Payne, Donald M., N.J., E1884 Klink, Ron, Pa., E1884 Pelosi, Nancy, Calif., E1883 Abercrombie, Neil, Hawaii, E1883 Kucinich, Dennis J., Ohio, E1886 Saxton, Jim, N.J., E1883 Barr, Bob, Ga., E1888 LaFalce, John J., N.Y., E1887 Stark, Fortney Pete, Calif., E1887 Forbes, Michael P., N.Y., E1883 Lantos, Tom, Calif., E1885 Tauscher, Ellen O., Calif., E1884 Frost, Martin, Tex., E1885 Nadler, Jerrold, N.Y., E1884 Weygand, Robert A., R.I., E1885 Kanjorski, Paul E., Pa., E1886 Packard, Ron, Calif., E1886

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