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

Vol. 144 WASHINGTON, TUESDAY, AUGUST 4, 1998 No. 108 Senate The Senate was not in session today. Its next meeting will be held on Monday, August 31, 1998, at 12 noon. House of Representatives TUESDAY, AUGUST 4, 1998

The House met at 9:00 a.m. the past 60 years, that provides tele- the FCC has taken steps to put in place f phone services to high-cost rural areas the recommendations that have been to extend that service to be clear that required at the same time that they MORNING HOUR DEBATES the e-rate is a part of that fundamental have cut the program down to $1.9 bil- The SPEAKER. Pursuant to the responsibility. lion. order of the House of January 21, 1997 In 1997, the FCC issued its first notice The second issue here is whether or the Chair will now recognize Members of proposed rulemaking to make this not the e-rate is a tax. I think it is im- from lists submitted by the majority expenditure a reality, capping at 2-and- portant for us to look back in history. and minority leaders for morning hour a-quarter billion dollars per year, re- The United States Appeals Court has debates. The Chair will alternate rec- sources for eligible schools and librar- already examined the administratively ognition between the parties, with each ies who would receive discounts rang- established universal service program party limited to not to exceed 25 min- ing from 20 to 90 percent, depending on and have concluded that it did not rep- utes, and each Member except the ma- whether that school or library is dis- resent a tax, it was not an inappropri- jority leader, the minority leader or advantaged or located in a high-cost ate delegation of the power to tax. The the minority whip limited to not to ex- area. Unfortunately, due to a variety of court found that instead, it was ensur- ceed 5 minutes, but in no event shall controversies, we found that this pro- ing affordable rates for specified serv- debate continue beyond 9:50 a.m. gram has been dramatically reduced, ices, not designated primarily as a The Chair recognizes the gentleman and yet there are some who feel that it means of raising revenue. from Oregon (Mr. BLUMENAUER) for 5 should be eliminated altogether. The addition of a support mechanism minutes. What were the controversies that ini- for schools and libraries does not f tiated this problem? Well, it was first change that fundamental nature of the and foremost I think brought about by universal service, and I think it is, in- LOSING PERSPECTIVE ON those pesky surcharges that appeared deed, a great stretch of the imagina- TELECOMMUNICATION ISSUES on items of the bills. Those surcharges tion to suggest that this is attached. Mr. BLUMENAUER. Mr. Speaker, at appeared to be for the e-rate only, but At times I fear we are losing our per- times I fear we are losing our perspec- in fact, those were phone charges that spective on the telecommunication in- tive on the telecommunication issues. would be responsible for the entire dustry. At a time when long-distance Yet again this week, we see that the e- range of universal service activities. bills are now at their lowest point in rate is in the cross hairs. For example, only 19 cents of AT&T’s history, when AT&T and MCI, GTE and I want to be very clear that I am a 93 cent surcharge would go to schools Bell Atlantic have agreed to or are strong supporter of the e-rate. I believe and libraries. But it did, in fact, stir up looking at mergers that total $100 bil- that this Congress made a commitment 2 fundamental issues, one dealing with lion, at a time when the industry has to assist schools and libraries across the administrative problems associated saved billions of dollars as a result of the country in their efforts to provide with the program; and the second, the the telecommunication reform, con- America’s school children with access question about whether or not this was troversy has erupted over this little, to the Information Highway. Thou- somehow a new tax to provide Internet tiny element which would represent sands have taken us at our word and we services. less than 1 cent per day, per customer must honor that commitment, a com- Mr. Speaker, it is true that there to provide Internet access for Ameri- mitment that is grounded in the Tele- have been administrative problems as- ca’s schools and libraries. communications Act of 1996, where we sociated with the e-rate, and, in fact, I Mr. Speaker, I hope that we do not extended a part of the universal service agree with the critics who have called abandon our commitment that Con- program, in place administratively for it into question. But the fact is that gress has made and that we support the

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 typefaceindicates words inserted or appended, rather than spoken, by a Member ofthe House on the floor.

H7001

. H7002 CONGRESSIONAL RECORD — HOUSE August 4, 1998 e-rate in the course of this week’s de- Madam Speaker, it is troubling that prior authorization,’’ regardless of liberations. Customs refuses to release this tax- whether the doctor or hospital was af- f payer-funded report to the American filiated with the patient’s health plan. public. By ignoring the flood of illegal Emergency services as defined in the THE IMPACT OF NAFTA ON CROSS- drugs from Mexico, we are sacrificing bill include a medical screening exam- BORDER DRUG TRAFFICKING the future of countless American kids ination to evaluate the patient and fur- The SPEAKER pro tempore (Mrs. on the altar of free trade. ther treatment that may be required to MORELLA). Under the Speaker’s an- Madam Speaker, I call on Customs stabilize that patient’s conditions. The nounced policy of January 21, 1997, the again today to release this report im- HMO would have to cover those serv- gentleman from Ohio (Mr. BROWN) is mediately so we can move to fix ices if ‘‘A prudent layperson who pos- recognized during morning hour de- NAFTA or to pull America out of this sesses an average knowledge of health bates for 5 minutes. failed trade agreement. and medicine could reasonably expect Mr. BROWN of Ohio. Madam Speak- f an absence of immediate medical at- er, I rise today to call on the Customs tention to cause serious harm.’’ Department to release its findings re- PATIENT PROTECTION By contrast, the House and Senate garding the effects of the North Amer- LEGISLATION Republican bills would establish a two- ican Free Trade Agreement on our Na- The SPEAKER pro tempore. Under step test. An HMO or insurance com- tion’s war against drugs. Americans the Speaker’s announced policy of Jan- pany would have to cover the initial have been concerned since the begin- uary 21, 1997, the gentleman from Iowa screening examination if a prudent ning of NAFTA, since early 1994, about (Mr. GANSKE) is recognized during layperson would consider it necessary. NAFTA’s impact on truck safety, morning hour debates for 5 minutes. But, the health plan would have to pay NAFTA’s impact on jobs, NAFTA’s im- Mr. GANSKE. Madam Speaker, a for additional emergencies only if ‘‘A pact on food safety, and especially week ago we had a debate on the floor prudent emergency medical profes- NAFTA’s impact on illegal drugs com- of Congress here concerning patient sional’’ would judge them necessary. ing across the border. protection legislation. It has been clear And under the GOP bill, the Patient Entitled ‘‘Drug Trafficking, Commer- all along that there were major dif- Protection Act, the need for such serv- cial Trade and NAFTA on the South- ferences that needed to be worked out ices must be certified in writing by ‘‘an west Border,’’ the 63-page Customs De- between the Patient Bill of Rights, the appropriate physician.’’ partment report confirms that NAFTA bill that I supported, a bipartisan bill, The Speaker said the Republican bill has made it easier than ever for Mexi- sometimes referred to as the Demo- would guarantee coverage for ‘‘anyone can traffickers to smuggle drugs into cratic bill, and the Republican bill, the who has a practical layman’s feeling the United States. Further, it found Patient Protection Act. But it seemed that they need emergency care.’’ But that Mexican and American authorities as if at least there was some consensus that is not what is really in the bill. are not doing enough to counter this on some of the basic fundamentals. For That bill was rushed through at the fast-growing threat to our Nation’s instance, a layperson’s definition of last minute, there were no hearings on children. emergency; or, for instance, provisions the bill, and so what we have is a situa- NAFTA has opened the floodgates as related to privacy. tion where the provisions that we more and more illegal substances are However, as I warned several of my passed in Medicare for a layperson’s pouring from Mexico into the United GOP colleagues, be careful in voting definition have been significantly wa- States. Mexican traffickers are be- for the Republican bill, the Patient tered down. There is no guarantee in lieved to smuggle about 330 tons of co- Protection Act. We may find that it is the Republican bill that the cost ulti- caine, 14 tons of heroin, and hundreds a pig in a poke because of the legisla- mately for a patient going to the emer- of tons of marijuana into the United tive language. gency room with crushing chest pain, States every year. Today I would draw my colleagues’ severe pain, would, in the end, be cov- Sophisticated drug gangs are invest- attention to an article in The New ered by their HMO. ing in trucking and shipping compa- York Times by Robert Pear: ‘‘Common The Congressional Budget Office esti- nies, rail lines and warehouses to Ground on Patient Rights Hides a mates that the Patient Bill of Rights shield their trafficking activities. They Chasm.’’ Looking at the details of the would require HMOs to pay for emer- use these legitimate business oper- House Republican plan shows that gency room visits in half the cases ations to shield those trafficking ac- there are major differences even in where they now deny payment. It says, tivities. areas where it seemed as if the two the charge for emergency care outside Mexican smugglers have even been sides were in agreement. For instance, the HMO is typically 50 percent higher busy hiring consultants to learn how to both sides were saying we are for a than hospitals in the HMO network. take advantage of the North American layperson’s definition for emergency Remember, when we look at the details Free Trade Agreement, some former care; we both agree in the privacy of of the GOP plan, there is a provision in drug agents have said. A former high- patient records. there that says, one has to go to the level DEA official has proclaimed that When Members start to read the de- HMO hospital or else one could be left for Mexico’s drug gangs, ‘‘NAFTA is a tails of the Republican plan, I think with a large, large bill. deal made in narco-heaven.’’ they are going to be surprised. For in- Look at the details, I say to my col- Another former high-level DEA offi- stance, it would have seemed easy to leagues, and let us try to fix this in the cial remarked that if you believe have achieved consensus on a long run. NAFTA has not adversely affected the layperson’s definition of an emergency. [From the New York Times, Aug. 4, 1998] fight against drug traffickers, ‘‘then After all, this Congress passed a year COMMON GROUND ON PATIENT RIGHTS HIDES A you must believe in the tooth fairy.’’ ago, or in the 104th Congress, a provi- CHASM In light of these allegations, I sub- sion on the layperson’s definition for (By Robert Pear) mitted a letter to the Commissioner of Medicare, a Federal health program WASHINGTON, August 3.—It has been clear Customs regarding a copy of this re- that provides for 38 million people. But that there are major differences to be port in May. In a June letter of reply, when we read the fine print of the worked out between the Democratic and Re- public bills on patient rights. I was notified that the report contains House Republican’s bill, the Patient But a look at the details of the House Re- ‘‘sensitive information’’ and is not ‘‘re- Protection Act, which was introduced public plan shows that there are also major leasable.’’ Former DEA agents have al- by the gentleman from Georgia (Mr. differences in important areas on which the leged they were under strict orders not GINGRICH) and passed 8 days later by a two sides had seemed to agree. to say anything negative about our vote of 216-to-10, we find out that there The disagreements are illustrated in two current drug policies with Mexico. are some significant differences. areas: emergency medical services and the privacy of patients’ medical records. Hard-working Americans who want to The Patient Bill of Rights would re- At first, it appeared that members of Con- protect their children from the scourge quire HMOs and insurance companies gress agreed that health maintenance orga- of drugs have taken a back seat to free to cover emergency services for sub- nizations should be required pay for emer- trade. scribers ‘‘without the need for any gency medical care. And they seemed to August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7003 agree on a standard, promising ready access said. ‘‘But this new standard of a prudent Madam Speaker, I come to the floor to emergency care whenever ‘‘a prudent lay emergency medical professional was in- this morning to thank the gentleman person’’ would consider it necessary. After vented out of thin air. It creates new oppor- from Florida (Mr. BILIRAKIS) and the all, that was the standard set by Congress tunities for H.M.O.’s to second-guess the last year for Medicare, the Federal health treating physician and to deny payment for gentleman from Ohio (Mr. BROWN) for program for 38 million people who are elder- emergency services. It would introduce a moving the reauthorization of the ly or disabled. whole new level of dispute.’’ Mammography Quality Standards Act, But the consensus dissolved when emer- Dr. Charlotte S. Yeh, chief of emergency one of the 7 bills that we believe must gency physicians read the fine print of the medicine at the New England Medical Center be passed before we go home. It simply House Republicans’ bill, the Patient Protec- in Boston, said, ‘‘The Republicans performed reauthorizes for another 5 years stand- some unnecessary surgery on the ‘prudent tion Act, which was introduced on July 16 by ards that would ensure that Speaker Newt Gingrich and passed eight lay person’ standard, to the point that it’s days later by a vote of 216 to 210. hardly recognizable as the consumer protec- mammographies are safe, that techni- Since 1986, the Government has required tion we envisioned.’’ cians are well trained, and that mam- hospitals to provide emergency care for any- The Senate adjourned on Friday for its mography results are read correctly. one who needs and requests it. But the ques- summer vacation without debating the legis- This bill, we are told, will move to full tion of who should pay for such care has pro- lation, but leaders of both parties said they committee and will be passed by the voked many disputes among insurers, hos- hoped to take it up in September. Senate Re- publicans intend to take their bill directly to Committee on Commerce in time to pitals and patients. reach the floor before we adjourn. The Democratic bill would require H.M.O.’s the floor, bypassing committees, which nor- and insurance companies to cover emergency mally scrutinize the details of legislation. Madam Speaker, we have already services for subscribers, ‘‘without the need There was, and still is, plenty of common seen progress on the Violence Against for any prior authorization,’’ regardless of ground if Republicans and Democrats want to compromise. Both parties’ bills would, for Women Act; piecemeal to be sure, but whether the doctor or hospital was affiliated better piecemeal than nothing. The ap- with the patient’s health plan. Emergency example, require H.M.O.’s to establish safe- services, as defined in the bill, include a guards to protect the confidentiality of med- propriation of the Subcommittee on medical screening examination to evaluate ical records. Commerce, Justice, State, The Judici- But on this issue too, the details have pro- the patient and any further treatment that ary and Related Agencies of the Com- voked a furor. When privacy advocates read may be required to stabilize the patient’s mittee on Appropriations has some of the fine print of the House Republican bill, condition. these provisions in it. Some provisions The H.M.O. would have to cover these serv- they were surprised to find a provision that explicitly authorizes the disclosure of infor- were passed as part of the Child Sexual ices if ‘‘a prudent lay person, who possesses Predator Act. an average knowledge of health and medi- mation from a person’s medical records for cine, could reasonably expect the absence of the purpose of ‘‘health care operations.’’ In The gentlewoman from Maryland the bill, that phrase is broadly defined to in- immediate medical attention’’ to cause seri- (Mrs. MORELLA) has a commission on ous harm. clude risk assessment, quality assessment, disease management, underwriting, auditing the advancement of women in the By contrast, the House and Senate Repub- fields of science, engineering and tech- lican bills would establish a two-step test. and ‘‘coordinating health care.’’ An H.M.O. or an insurance company would Moreover, the House Republican bill would nology development, an act that seeks have to cover the initial screening examina- override state laws that limit the use or dis- to learn why, and then remove, bar- tion if a prudent lay person would consider it closure of medical records for those pur- riers to women coming into and pro- necessary. But the health plan would have to poses. The House Republican bill says patients gressing in science. So a commission pay for additional emergency services only if may inspect and copy their records. But it would be established to look at recruit- ‘‘a prudent emergency medical professional’’ stipulates that the patients must ordinarily ment and advancement of women in would judge them necessary. And under the go to the original source—a laboratory, X- science, engineering and technology in House Republican bill, the need for such ray clinic or pharmacy, for example—rather services must be certified in writing by ‘‘an a country which is begging for men and than to their health plan for such informa- appropriate physician.’’ women in the sciences. We cannot af- tion. ford to let female talent go undis- Mr Gingrich said the Republicans’ bill Representative Bill Thomas, the California would guarantee coverage for ‘‘anybody who Republican who is chairman of the Ways and covered, or worse, when discovered, not has a practical layman’s feeling that they Means Subcommittee on Health, said the bill used. This is a must-pass bill. need emergency care.’’ ‘‘prohibits health care providers and health But Representative Benjamin L. Cardin, There is a women-owned businesses plans from selling individually identifiable Democrat of Maryland, said the bill ‘‘is not resolution, H. Con. Res. 313, which sim- patient medical records.’’ going to do what they are advertising.’’ Still, privacy advocates say the bill would ply calls upon agencies to review the One reason, Mr. Cardin said, is that the bill allow many uses of personal health care data recommendations before them for im- was rushed through the House. ‘‘There have without the patients’ consent. proving the access of women-owned been no hearings on the Republican bill,’’ he Robert M. Gellman, an expert on privacy businesses to the Federal procurement said. ‘‘It did not go through any of the com- and information policy, said: ‘‘The House- mittees of jurisdiction for the purpose of market. It is women-owned businesses passed bill gives the appearance of providing that are growing at a rapid pace. That markup or to try to get the drafting done privacy rights. But it may actually take correctly.’’ away rights that people have today under should be reflected in Federal con- Under the Democratic bill, H.M.O. patients state law or common practice.’’ tracts. who receive emergency care outside their health plan—whether in a different city or f There are 2 more pieces of legislation close to home—may be charged no more than PROGRESS ON PRIORITY LEGISLA- which we believe we will have trouble they would have to pay for using a hospital TION OF CONGRESSIONAL WOM- getting passed this session, but they affiliated with the H.M.O. There is no such EN’S CAUCUS remain our priorities. One is child care guarantee in the Republican bills. And the legislation. We have endorsed no bill, cost to patients could be substantial. The SPEAKER pro tempore. Under but have indicated 4 principles that The Congressional Budget Office estimates the Speaker’s announced policy of Jan- every bill must contain. Finally, a bill that the Democratic bill would require uary 21, 1997, the gentlewoman from H.M.O.’s to pay for emergency room visits in that would bar genetic discrimination, the District of Columbia (Ms. NORTON) a looming problem. We have 3 bills by half the cases where they now deny payment. is recognized during morning hour de- And it says that the charge for emergency 3 members of the caucus, any one of bates for 5 minutes. care outside the H.M.O. is typically 50 per- which would mean great progress. The cent higher than at hospitals in the H.M.O. Ms. NORTON. Madam Speaker, this year the Women’s Caucus made a cal- gentlewoman from New York (Ms. network. SLAUGHTER); the gentlewoman from John H. Scott, director of the Washington culated decision to concentrate our en- office of the American College of Emergency ergies on 7 must-pass bills. This deci- Washington (Mrs. SMITH); and the gen- Physicians, said the protections for patients sion is being vindicated as we look at tlewoman from New York (Mrs. LOWEY) were much weaker under the Republican bills that have, in fact, already moved all have submitted different bills. bills than under the Democratic bill or the forward. These bills say to Members on Madam Speaker, what this focus of 1997 Medicare law. ‘‘We have more than a century of common both sides of the aisle that the biparti- the Women’s Caucus says is that men law and court decisions interpreting the san Women’s Caucus has 7 bills and ex- and women in this House need to go standard of a prudent lay person, or reason- pects every Member to support these home saying, we voted for and passed able man, as it used to be called,’’ Mr. Scott consensus bills. These are easy bills. Women’s Caucus bills this session. H7004 CONGRESSIONAL RECORD — HOUSE August 4, 1998 CITIZENSHIP FOR CHONG HO Well, now what has happened? He was I would like to draw my colleagues’ KWAK not able to take the oath of naturaliza- attention to Leyla Zana, who is an The SPEAKER pro tempore. Under tion because of his condition. We asked elected member of the Turkish Par- the Speaker’s announced policy of Jan- the Immigration and Naturalization liament. She is the first Kurdish uary 21, 1997, the gentleman from Service to outline a special cir- woman to ever be elected. She is also a Pennsylvania (Mr. GEKAS) is recognized cumstance for this individual and to nominee for the Nobel Peace Prize. But during morning hour debates for 5 min- permit him to be conferred a citizen of Leyla Zana was arrested and severely utes. the United States, even without taking tortured by the Turkish police in 1988. Mr. GEKAS. Madam Speaker, to all the oath, because of the circumstances. What was her crime? She engaged in who are within the sound of our voice He could not raise his arm and do the peaceful demonstrations on behalf of this morning, I want to express my ap- natural things that are required to un- prisoners who were also being tortured, preciation to a number of people for dertake an oath of naturalization. and for respect for human dignity and the moment that we are about to em- The INS refused to do this, saying the universal declaration of human brace here on the floor of the House. that the book by which they conduct rights, Leyla Zana, a parliamentarian, Very shortly now we will be consider- their naturalization actually requires, is currently serving a 15-year sentence ing a special bill, a private bill in and there is no straying from it, ac- with 4 other Kurdish members of the which the Congress of the United cording to them, no veering away from Turkish Parliament. States will confer a benefit on one of it, that he must take the oath. We Leyla Zana writes, and I quote, that our fellow citizens. I say one of our fel- pointed out that we have attended she is determined ‘‘to continue by low citizens advisedly because that is many naturalization services where an peaceful means the struggle for peace exactly why the Congress has had to infant, a young child is held in the between Kurds and Turkey, for democ- act in this extraordinary way, to pass a arms of a parent who is an American racy and for respect for human rights.’’ bill that confers a benefit directly on citizen and the citizenship is conferred She goes on to say, ‘‘These are the uni- one individual. on this youngster who could not know versal values which must unite us.’’ Here is what happened. Chong Ho what the meaning of the oath of office As elected officials here in the Kwak, a Korean immigrant, came to that was undertaken by his parent. Is United States, we must speak out our country legally, worked and sup- that not similar, we said. Here is an in- against abuses and develop a Kurdish ported his family, did all of the things dividual who, because he was shot in U.S. policy. necessary to become an American citi- the head, would not be able to under- f zen, focused on becoming an American stand the oath of allegiance to the citizen because that was the light of HOME HEALTH CARE SYSTEM SUF- United States, but nevertheless all of his life, to finally gain the status that FERING STATE OF EMERGENCY us who know that he passed the exam- everyone in the world yearns to have, The SPEAKER pro tempore. Under the status of being a bona fide Amer- ination and was that split second short of being able to become an American the Speaker’s announced policy of Jan- ican citizen. uary 21, 1997, the gentlewoman from So he studied English, he studied the citizen. Michigan (Ms. STABENOW) is recognized history of our country, he engaged in Madam Speaker, we will conduct a during morning hour debates for 5 min- the special classes that are set for peo- bill at 10 o’clock this morning which utes. ple who want to become citizens with will confer citizenship on Mr. Kwak. Ms. STABENOW. Madam Speaker, I all that that entails, and then, when f rise today to declare a state of emer- the time came to take the test, nerv- U.S. CONTINUES TO IGNORE gency. Our home health care industry ous as he was, he went to the appointed PLIGHT OF KURDISH PEOPLE is suffering from drastic cuts to the place and presented himself for the The SPEAKER pro tempore. Under Medicare reimbursement system that purpose of undergoing the examina- was done in last year’s balanced budget tions that are necessary before one be- the Speaker’s announced policy of Jan- agreement. Cuts were made to reduce comes a citizen. He passed them roy- uary 21, 1997, the gentlewoman from fraud and abuse, but these cuts unfor- ally and was ecstatic, as was his fam- Oregon (Ms. FURSE) is recognized dur- tunately have had unintended con- ily. ing morning hour debates for 2 min- He passed the exams and he was utes. sequences. ready now to take the oath of citizen- Ms. FURSE. Madam Speaker, I rise To date, over 1,200 home health agen- ship for the greatest honor that would today on behalf of 40 million people cies have gone out of business, and that ever be bestowed on him in his own who have an identity, but do not have number is expected to triple by the end mind, and in those of us who recognize a country. The Kurdish people. Their of September, and these are not the how important that is for a person land continues to be a setting for war high-cost agencies. Families are suffer- eager to become an American citizen. and destruction that has lasted for dec- ing. The new payment system for home Then, a tragic thing happened. About ades. health is so restrictive that patients two months before the scheduled event The Kurds are a persecuted minority. who require the most expensive care for the naturalization ceremony in It is a crime in Turkey to talk about will be the first to lose their care. The which he would take his oath, he, Mr. Kurds or Kurdish issues. One cannot fly sickest and most feeble will be left in Kwak, while operating his small gro- a Kurdish flag or even address another the cold. cery store, was attacked and robbed, by his Kurdish name. I have visited many families and shot in the head, and rendered uncon- Madam Speaker, I am outraged wher- have made many home visits over the scious, of course, and was relegated to ever violations of human rights occur, years. I know how important it is for a hospital where he still lingers in a but I am particularly enraged and dis- individuals to receive care in their own coma from which he has never been tressed that our country continues to home whenever possible where they able to revive himself and which has ignore the Kurdish people and their can be surrounded by family and engendered much sympathy and much plight. For years, the U.S. has ne- friends who love them. We are not just newsprint, as it were, covering that glected reports and testimony from the talking about the elderly, we are talk- tragic event and all of its con- Kurdish people about the human rights ing about children, we are talking sequences. violations. Madam Speaker, our gov- about the disabled, anyone who needs The young thugs who attacked him ernment must engage in and develop a to be in their home and receive home got very little reward, were sentenced, Kurdish policy. We cannot continue to health care. and even as we speak are probably fin- stand by as millions of their people suf- Home health care is a critical ele- ishing out their sentences as the court fer. ment of our Nation’s health care safety might have dealt out to them, but Mr. Now, Turkey is an important partner net and that safety net is quickly un- Kwak is sentenced for the rest of his of the United States. It is a NATO raveling as more and more patients are life to a long-term care facility, barely member, gets huge amounts of money unable to receive care and more and able to exist, let alone live a normal from us, but its abuses of the Kurdish more home health care agencies shut life. people are unacceptable. their doors. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7005

Madam Speaker, I would like to put West Virginia (Mr. RAHALL) and myself last day’s proceedings and announces a human face on this issue and share and others that would place a 3-year to the House his approval thereof. one of the many constituent letters I moratorium on the interim perspective Pursuant to clause 1, rule I, the Jour- have received from families who are payment system for home health care nal stands approved. afraid that a loved one will lose their benefits be passed immediately. We f home health care. must act either to fix the problem or PLEDGE OF ALLEGIANCE Dear Ms. Stabenow: put a moratorium on the current pay- Suppose you were 84 years old, living on a ment system until it is fixed, or we are The SPEAKER pro tempore. Will the Social Security monthly check of $650 in a going to see more and more serious re- gentleman from Illinois (Mr. SHIMKUS) small town. Suppose further that approxi- percussions for our families. come forward and lead the House in the mately one-and-a-half years ago you were de- Madam Speaker, after a serious ex- Pledge of Allegiance. clared legally blind because of complications Mr. SHIMKUS led the Pledge of Alle- from diabetes, and then one year ago you fell amination of the data, I believe that ei- and broke your hip, but most importantly, ther of these approaches are budget- giance as follows: through all of this you kept a sound mind neutral. The Balanced Budget Agree- I pledge allegiance to the Flag of the and you owned your own home and had lived ment has targeted $16.1 billion in sav- United States of America, and to the Repub- alone since your husband died 25 years ear- ings to home health care. But the new lic for which it stands, one nation under God, lier. CBO baseline now projects Medicare indivisible, with liberty and justice for all. Now suppose also that when you broke savings will exceed $26 billion. f your hip you had to be put in a nursing home, and the only one with available beds This is $9.9 billion more than the expected PRIVATE CALENDAR savings from the Balanced Budget Agreement. was 45 minutes from your home, family and The SPEAKER pro tempore. This is Unfortunately this savings has been achieved friends. Now, further suppose that thanks to Private Calendar day. The Clerk will on the backs of efficient, quality home care a home health care program, you were able call the first individual bill on the Pri- to return home where you could live in your providers and the people who need care. vate Calendar. own home, talk to your friends on the tele- In the next few days I will be asking my col- phone, attend senior citizen functions, keep leagues to join me in a letter to President Clin- f your dog, and live somewhat of a normal life. ton and to Speaker Gingrich. The letter will LARRY ERROL PIETERSE All of this is possible because home health urge them to recognize the crisis in the home care provided: The Clerk called the bill (H.R. 379) A nurse to oversee administering of daily health care industry and implore them to make for the relief of Larry Errol Pieterse. insulin, which you could not give yourself the resolution of this crisis a national priority. There being no objection, the Clerk because you could not see, and an aid to Congress should not let one more family or read the bill as follows: come in twice a day for an hour to make sure one more senior citizen suffer. Madam Speak- H.R. 379 you were well, got your bath, had breakfast er, I urge my colleagues to sign these letters and dinner, and had regular contact with the and to get involved in finding an immediate Be it enacted by the Senate and House of Rep- resentatives of the United States of America in outside world. solution to this home health care crisis. Thank I do not have to suppose any of this, be- Congress assembled, cause that 84 year old woman is my mother. you. SECTION 1. WAIVER OF GROUNDS FOR REMOVAL I am not a great supporter of government f OF, OR DENIAL OF ADMISSION TO, LARRY ERROL PIETERSE. programs, but taking care of our elderly so RECESS they can live with dignity has got to be a (a) IN GENERAL.—Notwithstanding section valid issue for government. The SPEAKER pro tempore. Pursu- 212(a)(2)(A) of the Immigration and National- After such a long introduction, why am I ant to clause 12 of rule I, the Chair de- ity Act, and notwithstanding paragraphs writing this, my first-ever letter to a Con- clares the House in recess until 10 a.m. (1)(A) and (2)(B) of section 241(a) of such Act gresswoman? Why, because the Balanced Accordingly (at 9 o’clock and 33 min- (before redesignation as section 237(a) of Budget Act has endangered my mother’s utes a.m.), the House stood in recess such Act by section 305(a) of the Illegal Im- migration Reform and Immigrant Respon- home health care. She is in danger of losing until 10 a.m. her home and really, her life. The spending sibility Act of 1996), Larry Errol Pieterse limits will cause the Health Department to f may not be removed or deported from the drop her from the program. The only alter- b 1000 United States or denied admission to the native is a nursing home. My mother cannot United States by reason of any offense for continue to live alone without the assistance AFTER RECESS which he received a full pardon from the that she has been receiving. Please help to The recess having expired, the House Governor of Florida prior to January 1, 1992. (b) RESCISSION OF OUTSTANDING ORDER OF restore the budget cuts in Medicare. was called to order by the Speaker pro I urge my colleagues today to act REMOVAL OR DEPORTATION.—The Attorney tempore (Mr. DICKEY) at 10 a.m. General shall rescind any outstanding order quickly. There are many initiatives f of removal or deportation, or any finding of that have been introduced by the gen- deportability or removability, that has been tleman from Massachusetts (Mr. PRAYER entered against Larry Errol Pieterse by rea- MCGOVERN); the gentleman from Okla- The Chaplain, Reverend James David son of any offense for which he received a homa (Mr. COBURN); the gentleman Ford, D.D., offered the following pray- full pardon from the Governor of Florida from West Virginia (Mr. RAHALL); the er: prior to January 1, 1992. gentleman from New Jersey (Mr. With Your goodness to us that is so (c) PERMANENT RESIDENCE STATUS.—Not- withstanding any order terminating the sta- PAPPAS); the gentleman from Rhode Is- freely given we place before You, O tus of Larry Errol Pieterse as an alien law- land (Mr. WEYGAND), to name just a God, our personal petitions and pray fully admitted for permanent residence, for few, and there are several bills. Unfor- that You would give strength when we purposes of the Immigration and Nationality tunately, we must act now if we are are weak, heal us when we are hurt, Act he shall be considered lawfully admitted going to solve this issue in time for too forgive us when we miss the mark and for permanent residence as of November 3, many families. encourage us to hear Your word and re- 1981, and such status shall be considered not First, I am pleased to join with the ceive Your grace. We are grateful for so to have changed between such date and the gentleman from Oklahoma (Mr. much and yet our needs are great, so date of the enactment of this Act. (d) ESTABLISHMENT OF GOOD MORAL CHAR- COBURN); the gentleman from Massa- we ask in this our prayer that Your ACTER.—Notwithstanding section 101(f) of the chusetts (Mr. MCGOVERN); and the gen- spirit would abide in our hearts and Immigration and Nationality Act, any of- tleman from Rhode Island (Mr. Your presence live deep in our souls. fense for which Larry Errol Pieterse received WEYGAND) today in urging the imme- May we be the people You would have a full pardon from the Governor of Florida diate adoption of the Home Health Ac- us be and do those things that honor prior to January 1, 1992, may not be consid- cess Preservation Act, a bill that will You and serve people everywhere. This ered in determining whether he is, or during correct many of these problems, and I is our earnest prayer. Amen. any period has been, a person of good moral character for purposes of such Act. urge immediate consideration by this f House. The bill was ordered to be engrossed If this does not happen quickly, then THE JOURNAL and read a third time, was read the I would secondarily urge that the bill The SPEAKER pro tempore. The third time, and passed, and a motion to introduced by the gentleman from Chair has examined the Journal of the reconsider was laid on the table. H7006 CONGRESSIONAL RECORD — HOUSE August 4, 1998 CHONG HO KWAK Mr. SHIMKUS. Mr. Speaker, this In fact, what is even more surprising The Clerk called the bill (H.R. 2744) West Point graduate salutes my friend is that it is led by Democrats who vol- for the relief of Chong Ho Kwak. and classmate, Lieutenant Colonel unteer their time to help the Clinton- There being no objection, the Clerk Lloyd Miles, who took command of the Gore White House. read the bill as follows: First Battalion, 187th Infantry Regi- Kathleen Willey and Monica ment on July 21, 1998. Lewinsky were White House volunteers H.R. 2744 Lloyd was originally appointed bat- and loyal Democrats, about the last Be it enacted by the Senate and House of Rep- talion commander 2 years ago, but was people we would expect to organize a resentatives of the United States of America in sidelined after a grenade explosion Congress assembled, vast right-wing conspiracy. took his left leg below the knee during But just think about the other Demo- SECTION 1. NATURALIZATION FOR CHONG HO KWAK. a training accident just a couple of crats in this vast network of people (a) IN GENERAL.—By reason the inability of weeks into the job. Now, with a pros- who are out to get the President: At- Chong Ho Kwak to understand the oath of al- thetic that allows him to perform all of torney General Reno; former Carter legiance required under section 337(a) of the his duties, Lloyd has returned to his speech writer and aide to Tip O’Neil Immigration and Nationality Act, because of battalion. Chris Matthews; and former aide to his physical disability, notwithstanding such Lloyd endured a painful rehabilita- Senator MOYNIHAN Tim Russert. section or any other provision of such Act, tion at Walter Reed. Through his Am I forgetting anyone? Oh, yes, let the Attorney General shall naturalize Chong rehab, he had one goal in mind: to walk us recall that Louis Freeh, appointed Ho Kwak, residing at 7 East Dulles Drive, down the aisle unassisted. That is Camp Hill, Pennsylvania, as a citizen of the by President Clinton, has called for the United States, without his being adminis- right, Lloyd was in the midst of plan- appointment of an independent counsel tered the oath of allegiance pursuant to such ning his wedding when the accident oc- to look into illegal campaign contribu- section, not later than 5 days after the date curred. He was determined to keep the tions to the Democratic party, as has of the enactment of this Act. wedding on schedule. Charles LaBella, handpicked by Janet (b) EFFECTIVE DATE.—This Act shall take Not only did Lloyd reach his goal of Reno to investigate those allegations. effect on the date of the enactment of this walking down the aisle, he can now This is one interesting conspiracy. Act and shall apply regardless of whether the ride a bike. Lloyd credits his success to f application for naturalization filed by Chong his wife and both of their families, as Ho Kwak before the date of the enactment of YEAR 2000 CENSUS this Act has been finally denied by the At- well as several generals who were also torney General as of such date. amputees and had successful careers. (Mr. PASCRELL asked and was given Lloyd wants to lead by example, permission to address the House for 1 The bill was ordered to be engrossed which is exactly what he has done minute and to revise and extend his re- and read a third time, was read the through his courage, dedication and marks.) third time, and passed, and a motion to value of family and friends. Lloyd ex- Mr. PASCRELL. Mr. Speaker, the reconsider was laid on the table. hibits the best of our alma mater and 1990 Census was the first in history to f class: Pride and excellence. be less accurate than its predecessor. It Lloyd, well done. BELINDA MCGREGOR missed millions of Americans, predomi- f nantly children and minorities. The Clerk called the Senate bill (S. Virtually every expert agrees that 1304) for the relief of Belinda McGregor. IF THE DRAGON FITS, JANET the way to get the most accurate cen- Mr. SENSENBRENNER. Mr. Speak- RENO SHOULD COMMIT sus possible is by using modern sci- er, I ask unanimous consent that the (Mr. TRAFICANT asked and was entific methods to supplement the tra- Senate bill be passed over without prej- given permission to address the House ditional head count. udice. for 1 minute and to revise and extend The Census Bureau’s plan will not The SPEAKER pro tempore. Is there his remarks.) only produce the most accurate census, objection to the request of the gen- Mr. TRAFICANT. Mr. Speaker, the it will save literally hundreds of mil- tleman from Wisconsin? media says, ‘‘If it is on the dress, he lions of dollars. Using the methods em- There was no objection. must confess.’’ I say, ‘‘If the dragon ployed in 1990 will cost close to a bil- The SPEAKER pro tempore. This fits, Janet Reno should commit.’’ lion more dollars and still miss mil- concludes the call of the Private Cal- That is right, Janet Reno should ap- lions of Americans. We cannot let this endar. point an independent counsel to inves- happen. f tigate this Chinagate business. Even FBI director Louis Freeh agrees. But Funding the Census Bureau for only 6 GENERAL LEAVE Janet Reno says, no, absolutely not. months will cripple its ability to ade- That is unbelievable to me. quately plan and prepare for the larg- Mr. SENSENBRENNER. Mr. Speak- est peacetime mobilization undertaken er, I ask unanimous consent that all The Justice Department cries out for reform from the top to the bottom. It by the U.S. Government. We must take Members may have 5 legislative days the guessing out of the census. within which to revise and extend their is such a joke. If someone at the Jus- tice Department commits a crime, that For these reasons, we must today remarks on H.R. 379 and H.R. 2744, the support the Mollohan amendment two bills just passed. crime is investigated by a peer, a friend, a buddy in the same Justice De- which strikes the provisions that re- The SPEAKER pro tempore. Is there strict funding to the Census Bureau as objection to the request of the gen- partment. Beam me up. From Waco, to Ruby they prepare for the 2000 census. tleman from Wisconsin? f There was no objection. Ridge, to China, to Filegate, it is out of control. While Monica’s dress may be a f DOLLARS TO THE CLASSROOM fly on her face, my colleagues, I submit ACT that China is a dragon eating our as- ANNOUNCEMENT BY THE SPEAKER (Mr. PITTS asked and was given per- PRO TEMPORE sets. I yield back any justice left at the mission to address the House for 1 The SPEAKER pro tempore. The United States Justice Department. minute and to revise and extend his re- Chair will take 15 one-minutes from f marks.) each side. Mr. PITTS. Mr. Speaker, I rise today f ONE INTERESTING CONSPIRACY to tell my colleagues what America’s (Mr. BALLENGER asked and was teachers are saying about the need to THE COURAGE AND PERSEVER- given permission to address the House get tax dollars to the classroom. ANCE OF LT. COL. LLOYD MILES for 1 minute.) The Association of American Edu- (Mr. SHIMKUS asked and was given Mr. BALLENGER. Mr. Speaker, the cators has found that 82 percent of the permission to address the House for 1 most amazing thing about the so-called teachers surveyed support consolidat- minute and to revise and extend his re- ‘‘vast right-wing conspiracy’’ is that it ing Federal education programs, send- marks.) is led by Democrats. ing those funds in a formula grant to August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7007 the States, just what the Dollars to the I did not celebrate because President American priorities and objectives is Classroom Act does. Clinton vetoed that legislation on July Radio and TV Marti. I would like to share with my col- 21. And the only people who were cele- Cuban patriot and poet Jose Marti leagues some interesting comments brating that day were here in Washing- said, ‘‘Only oppression should fear the from teachers who support the Dollars ton D.C. full exercise of freedom.’’ to the Classroom approach. That is right, the Washington bu- Today, only Fidel Castro should fear ‘‘The Federal Government should reaucrats and the special interests who the transmission of Radio and TV quit dictating to local communities were responsible for the failed schools Marti. Only a brutal dictator like Cas- what should be taught to children, in the first place, who were responsible tro should fear the dissemination of mainly because the Federal Govern- for the need for this legislation, they democratic principles throughout ment is totally out of touch with re- were celebrating already. They rejoiced Cuba. Only those who want to keep the ality.’’ Kansas City, Missouri. in their ability to avoid real reform for people of Cuba enslaved in an island ‘‘It’s time we realize that no one pro- one more year. prison should fear Radio and TV Marti. gram can meet the needs of every re- Schools which are laden with edu- One hundred years ago the U.S. gion.’’ Oklahoma City, Oklahoma. cation malpractice will continue to joined forces with the Cuban opposition ‘‘I’m all in favor of localizing control avoid accountability. Children who to help usher in a new era of independ- of school budgets. Local educators are graduate from these schools lacking ence and representative democracy for professionals with the training and ex- even a basic competency in math and Cuba. Today, through Radio and TV perience to make the best decisions for reading will continue to hold back any Marti, the echoes of this commitment their schools.’’ Harrisburg, Pennsyl- nation that is leading the world in to bringing freedom to Cuba should be vania. science, technology, and innovation. heard and seen by the Cuban people. Those are thoughts of teachers. Yes, for the special interests and Daily transmissions from the U.S. to The question we need to ask is who Washington bureaucrats, it was a time Cuba bring hope to an oppressed popu- do we trust to educate our children, to celebrate. But for the children lation and remind them of the more Washington bureaucrats or local teach- whose lives are clouded by the lack of than 100 years of friendship and soli- ers, parents, and school officials? hope, it is a sad day indeed. darity between the people of our two Let us pass the Dollars to the Class- f countries. room Act. Send $2.7 billion to our Let us do what is right. Let us recall classrooms. HOME HEALTH CARE INDUSTRY the courage of those men and women f (Ms. JACKSON-LEE of Texas asked who fought to defend the principles of NATION NEEDS AN ACCURATE and was given permission to address liberty 100 years ago. Let us honor CENSUS the House for 1 minute and to revise their memory by supporting Radio and and extend her remarks.) (Mrs. MALONEY of New York asked TV Marti. Ms. JACKSON-LEE of Texas. Mr. and was given permission to address f Speaker, it is not many times we can the House for 1 minute.) b Mrs. MALONEY of New York. Mr. come to the floor of the House and 1015 Speaker, the Nation needs an accurate solve a problem by working with the CENSUS census, one that includes everyone. administration and working legisla- tively to make good or make better (Mr. GREEN asked and was given The 1990 census undercounted 8.4 mil- permission to address the House for 1 lion people. The count heavily what we have wronged. I am speaking this morning about minute and to revise and extend his re- disfavored minorities. Correcting the marks.) census undercount is the civil rights the home health care industry, mil- lions and millions of servants around Mr. GREEN. Mr. Speaker, it is im- issue of the 1990s. portant for every American to be The Census Bureau, under the direc- the Nation who have made life better counted. How can Congress determine tion of the National Academy of for those who are home-bound or in- what a community needs if we really Sciences, has come forward with the firm. We have a problem that they are do not know how many people are in modern comprehensive plan for the facing that is causing many of them to that community? It is estimated that Year 2000 Census, one that will include close their doors, and that is the Medi- the 1990 census undercounted the popu- everyone. The Republican majority is care Interim Payment Plan. It is a lation in my hometown of Houston, trying to stop the plan from going for- problem and a plan that does not work. Texas by 67,000 people. It is estimated ward. The home health care industry and The Republican majority should not those professionals who work every day the State of Texas lost $1 billion in fear counting blacks, Hispanics and go to the neighborhoods and homes of title I school funding, road construc- Asians. What they should be afraid of our respective constituents and provide tion and senior citizen services because is repeating the errors of 1990 while the them with the necessary health care at of the undercount in 1990. Nation’s minorities look on, knowing home that allows them to stay with Statisticians and scientists have de- those mistakes could have been pre- their families, to stay in the homes termined that using scientific statis- vented, knowing they were inten- that they paid for, to stay where they tical methods will produce a census tionally left out. raised their children, to stay in their that is more accurate and less costly to Mr. Speaker, the Year 2000 census familiar surroundings. taxpayers. We should stop playing poli- must be about policy, accurate policy, This process that is being enacted by tics with the census issue and say let not politics. HCFA is causing great stress and dis- us count every American. Today the f tress. And so, I would ask this House Mollohan amendment will ensure that and the Administration to collaborate the Census Bureau be able to conduct EDUCATION SAVINGS ACCOUNTS to change the laws and save our home an accurate and cost effective census in (Mr. GIBBONS asked and was given health care industry. It will save the the year 2000. We need to support the permission to address the House for 1 people who want to be home with their Mollohan amendment. minute and to revise and extend his re- family and friends. Mr. Speaker, everyone deserves to be marks.) f counted. Mr. GIBBONS. Mr. Speaker, I do not f recall precisely what I was doing July RADIO AND TV MARTI 21, but I do recall that I was not cele- (Ms. ROS-LEHTINEN asked and was JOB CORPS brating the passage of the Education given permission to address the House (Mr. DUNCAN asked and was given Savings Accounts, a middle-class and for 1 minute and to revise and extend permission to address the House for 1 low-income initiative that would have her remarks.) minute and to revise and extend his re- given millions of parents hope, hope for Ms. ROS-LEHTINEN. Mr. Speaker, marks.) their children’s future that they do not one of the many projects in the Com- Mr. DUNCAN. Mr. Speaker, the now have. merce bill which helped to further House will soon approve more than $1 H7008 CONGRESSIONAL RECORD — HOUSE August 4, 1998 billion and a big increase for one of the really do not follow the constitutional House for 1 minute and to revise and most wasteful, least effective organiza- mandate. It is easy to get up and say, extend his remarks.) tions in the entire Federal Govern- ‘‘Well, it will cost less money. We are Mr. FARR of California. Mr. Speaker, ment. This organization is the Job going to count everybody.’’ I rise to point out that last night we Corps, and it is presently spending Of course we want to count every- had quite a victory in this House on more than $25,000 per year per Job body. That is the issue. We do not be- campaign finance reform. We had a vic- Corps student. Yet the GAO has con- lieve you will get an accurate count by tory on an amendment, a small step. It firmed that very few Job Corps stu- sampling. The Constitution does not is not the answer. The answer is com- dents, only about 4 percent, end up in provide for a count by sampling. It re- prehensive campaign reform. People jobs for which they were trained. For quires an actual enumeration. So the fail to realize that in the elections last this $25,000 per year per student, we Democrats do not want to follow the time, running for this seat in the could give each of these young people a Constitution. The Republicans do. We House of Representatives cost over half $1,000 a month allowance, send them to believe that is the requirement. We are a billion dollars for all the candidates. some expensive private school and still willing to pay the cost. We want an ac- That was what was reported, because save money. They would probably curate count. there are a lot of ads done by independ- think they had almost gone to heaven. f ent agencies that are not reported. This money will be approved because AMERICA NEEDS A FAIR AND So, Mr. Speaker, if we are going to there are more than 110 Job Corps cen- ACCURATE CENSUS have meaningful campaign finance re- ters spread politically all over the form, we are going to have to put lim- (Ms. MCKINNEY asked and was given country, and because most people mis- permission to address the House for 1 its on what candidates can spend. That takenly assume that this money is minute.) amendment is up today. We are going going to underprivileged young people. Ms. MCKINNEY. Mr. Speaker, the to have a great debate and we are going Yet the kids are not getting this census is America’s family portrait. I to see whether this House can live up money. The only ones really benefiting would like to bring attention to my to what it has done in 1991, 1992 and are wealthy government contractors staff. We thought we would take a fam- 1993, when we passed comprehensive and the bureaucrats who are running ily portrait. Unfortunately, this is campaign reform that really put limits the program. what my staff would look like after a on campaigns. Shays-Meehan is a step f Republican census. If the Republicans in the right direction, but it is not the answer. SUPPORT MOLLOHAN AMENDMENT have their way, some of my staff will disappear, because the Republicans do f FOR A FAIR AND ACCURATE not want a fair and accurate census. CENSUS ANNOUNCEMENT BY THE SPEAKER Republicans are absolutely satisfied PRO TEMPORE (Ms. DELAURO asked and was given with certain people not being counted permission to address the House for 1 because it preserves their political The SPEAKER pro tempore (Mr. minute and to revise and extend her re- power. DICKEY). Pursuant to the provisions of marks.) In the year 2000, the only way we are clause 5 of rule I, the Chair announces Ms. DELAURO. Mr. Speaker, the de- going to make sure that every man, that he will postpone further proceed- bate over the census should be about woman and child is included in Ameri- ings today on each motion to suspend how to get a fair and an accurate count ca’s family portrait is by putting Re- the rules on which a recorded vote or in the year 2000. We need to make sure publican racial fearmongering aside the yeas and nays are ordered, or on that everyone counts in this country, and let the Census Bureau do its job. which the vote is objected to under everyone. The Census Bureau consulted America needs a fair and accurate cen- clause 4 of rule XV. the experts at the National Academy of sus. Such rollcall votes, if postponed, will Sciences, who recommended a plan to f be taken after debate has concluded on use the latest scientific methods to all motions to suspend the rules. MANAGED CARE REFORM supplement the traditional head count. f It would also save taxpayers millions (Mr. GEJDENSON asked and was REQUIRING OSHA TO RECOGNIZE of dollars. A more accurate, less costly given permission to address the House THAT ELECTRONIC FORMS AND census, that is the plan that the Demo- for 1 minute and to revise and extend PAPER COPIES PROVIDE THE crats support. But the Republicans in his remarks.) Mr. GEJDENSON. Mr. Speaker, just SAME LEVEL OF ACCESS TO IN- this body want to overrule the experts. FORMATION That is a bad idea. The census is too in case there are any questions left about what is wrong with health care important to fall victim to partisan Mr. BALLENGER. Mr. Speaker, I in America and the failure of the Re- politics. The census data directly af- move to suspend the rules and pass the publican proposal in this House, my fects decisions made on funding for bill (H.R. 4037) to require the Occupa- family has had another opportunity to education, veterans services, public tional Safety and Health Administra- see America’s present health care sys- health care, the environment and hous- tion to recognize that electronic forms tem up close and personal. of providing Material Safety Data ing. In America, every family should My brother, who runs the dairy farm Sheets provide the same level of access count. Every child should count. Every that we live on, woke up one morning senior should count. Every veteran with the right side of his face paralyzed to information as paper copies and to should count. from blind tick palsy. He had no sensa- improve the presentation of safety and Support a fair and an accurate cen- tion on the right side of his face. ‘‘Silly emergency information on such Data sus. Support the Mollohan amendment. brother,’’ Ike thought, ‘‘this was seri- Sheets, as amended. f ous.’’ So he went to the emergency The Clerk read as follows: H.R. 4037 CENSUS MUST FOLLOW room. But not his insurance company. CONSTITUTIONAL MANDATE They rejected the claim. Be it enacted by the Senate and House of Rep- Americans are being injured and har- resentatives of the United States of America in (Mr. EWING asked and was given per- assed by the present system. We need Congress assembled, mission to address the House for 1 to applaud President Clinton for his ef- SECTION 1. ELECTRONIC ACCESS. minute and to revise and extend his re- forts to move health care forward and In the administration and enforcement of marks.) let doctors and hospitals make deci- the regulation on Hazard Communication, Mr. EWING. Mr. Speaker, the last sions about health care and not the published at 29 C.F.R. Sec. 1910.1200, the Sec- retary shall provide that an employer com- speaker talked about the census. There profits of the managed care companies. is one overriding requirement for the plies with the requirement of maintaining f and making readily accessible to employees census, that it follow the constitu- CAMPAIGN FINANCE REFORM material safety data sheets (MSDS) for each tional mandate for an actual count. hazardous chemical if such employer makes Now, all the great things that have (Mr. FARR of California asked and the MSDS available through electronic ac- been said about doing it the other way was given permission to address the cess, so long as— August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7009 (1) the electronic system for retrieving Mr. BALLENGER. Mr. Speaker, I maintains all of the MSDS sheets MSDS’s is reasonably and readily available yield myself such time as I may con- through which he can instantly call up to employees in their work areas throughout sume. the desired information. Instead of their work shifts and to representatives of First let me acknowledge and com- going through piles of paper and filing the employees upon reasonable request; (2) the electronic system is capable of pro- mend the two sponsors of H.R. 4037, the cabinets and looseleaf folders, the em- viding a paper copy of a retrieved MSDS gentlewoman from Texas (Ms. GRANG- ployee can simply type in the name of without unreasonable delay; ER) and the gentleman from Indiana the product and access the informa- (3) employees are adequately trained in the (Mr. ROEMER). I appreciate the work tion. use of the electronic system for retrieving that both of them and their staffs have OSHA does not prohibit electronic MSDS’s; and done in making this a bipartisan bill systems from accessing material, the (4) the electronic system provides a means and in working with everyone involved safety data sheets, but the regulation of retrieving information contained in so that we can bring this bill to the MSDS’s in case of a temporary power or and OSHA’s enforcement policy sug- equipment failure or other emergency. House floor today. gests that employers should maintain OSHA’s Hazard Communication SEC. 2. DISPLAY OF SAFETY INFORMATION. copies of MSDS sheets, whether or not (a) GENERAL RULE.—Under the regulation Standard is one of OSHA’s most impor- they are also in the electronic system. on Hazard Communication, published at 29 tant but also most troublesome regula- As a result, many employers simply C.F.R. Sec. 1910.1200, each chemical manufac- tions. A lot of complaints that we hear maintain paper copies, despite the fact turer, importer, or distributor shall promi- about, about the paperwork burden and that the electronic system would be nently display worker safety information de- the nit-picky paperwork violations more useful and effective. scribed in subsection (b) by either— from OSHA are because of the Hazard (1) attaching to the first page of each ma- H.R. 4037 makes it clear that elec- Communication Standard. The idea of tronic access systems, whether main- terial safety data sheet a container label (or the standard is a good one, to make facsimile thereof) which includes, at a mini- tained in-house or by third parties, are mum, the information described in sub- sure that employers and employees permitted, so long as four conditions section (b); or know what chemicals they are working are met: First, the electronic system is (2) attaching to the first page of each ma- with and how to safely handle them. reasonably and readily available to em- terial safety data sheet the information de- But the implementation of this stand- ployees and upon request to union rep- scribed in subsection (b). ard has long been a source of com- resentatives of the employees; second, (b) INFORMATION.—The information re- plaint, and OSHA has not been exactly quired by subsection (a) shall include— the electronic system can produce quick to fix the problems. paper copies of the MSDS, if requested, (1) the manufacturer’s, importer’s, or dis- H.R. 4037 addresses two of the prob- tributor’s name, address, and emergency without unreasonable delay; third, em- telephone number (including the hours of op- lems that have been the source of these ployees are adequately trained in the eration); complaints for years. Under the Hazard use of the electronic system; and, (2) the identity of the chemical, using the Communication Standard, each chemi- fourth, the electronic system provides trade name or chemical name and poten- cal product must have a Material Safe- a means of retrieving information con- tially hazardous ingredients of the chemical; ty Data Sheet, or better known as an tained in the MSDS in case of tem- (3) appropriate hazard warnings, with im- MSDS that is written by the producer mediate hazards listed first; porary power or equipment failure. or importer of the chemical, and which Thus, for example, an employer whose (4) instructions for safe handling and pre- must contain a variety of information cautionary measures to avoid injury from electronic system used as an Internet hazards; and about the chemical involved and the connection could receive information (5) first aid instructions in case of contact potential hazards it may present. contained in the MSDS via telephone or exposure which require immediate treat- Those Material Safety Data Sheets, or in the event of computer or power fail- ment before medical treatment is available. MSDS, are then forwarded down ure until the Internet connection is re- Information required under paragraph (5) through the chain of commerce all the stored. should be targeted to the technical level of way to the retailer or user of the prod- the audience and information required by A second complaint about the hazard uct. Each employer who uses or sells communications standard has been the this subsection shall be presented with the any products containing chemicals for least technical language appropriate. fact that the MSDS sheets are not eas- (c) EFFECTIVE DATE.—The requirements of which there have been any studies ily used by most employees or employ- subsection (a) shall apply to material safety showing potential health or safety haz- ers, both because of the amount of in- data sheets for new or reformulated chemi- ards must maintain these Material formation they include and because cals beginning 18 months after the date of Safety Data Sheets in his or her work- the enactment of this Act and shall apply to they are often written in technical lan- place. OSHA estimates that there are guage. Suppliers of these MSDS point all other material safety data sheets begin- over 650,000 chemical products covered ning 36 months after such date. out that the sheets are used for a vari- by the Hazard Communication Stand- ety of purposes, including emergency SEC. 3. STUDY. ard. Others have estimated that there Not later that 90 days after the date of the response personnel and health care pro- enactment of this Act, the Secretary of are Material Safety Data Sheets in cir- viders, so more detailed and technical Labor shall initiate a study that assesses culation for over a million different information in the Material Safety and measures the comprehensibility of haz- products. Your typical small business Data Sheet is important. ard warnings to industrial workers. Upon can easily have a couple of thousand of H.R. 4037 attempts to strike a bal- completion of the study, the Secretary shall these MSDS Data Sheets on hand. And ance between these two concerns. It prepare a report and make it available to an MSDS Data Sheet can easily be 10 does not require change in either the chemical manufacturers and importers or more pages long. It is little wonder format of the MSDS or in the type of which prepare material safety data sheets. that failure to have all of the required information provided by this MSDS. SEC. 4. REPORT ON AGREEMENT. MSDS Data Sheets on hand has been The Secretary of Labor shall report to the Instead, it requires that summary one of the most frequently cited of all House Committee on Education and the emergency information with the infor- OSHA’s regulations. Workforce and the Senate Labor Committee mation most useful to the employee be The first part of H.R. 4037 makes upon United States entry into any inter- attached to the front of the MSDS. national agreement regarding the format or clear that an employer’s obligation to That information is the same as is contents of material safety data sheets or la- have these Safety Data Sheets readily often provided in the product label. beling of hazardous chemicals with rec- accessible may be met by electronic ac- ommendations for changes to the require- cess to the MSDS Data Sheets. So the bill provides that either the ments of this Act. label or the text of the label should be b The SPEAKER pro tempore. Pursu- 1030 attached to the front of the Material ant to the rule, the gentleman from The advantage of using the electronic Safety Data Sheet. But the label or the North Carolina (Mr. BALLENGER) and system to access these sheets are over- text of the label must include certain the gentleman from Indiana (Mr. ROE- whelming, particularly for small em- basic information about chemicals, in- MER) each will control 20 minutes. ployers. For a couple of hundred dol- cluding emergency contacts. The Chair recognizes the gentleman lars a year, a small businessman can Finally, concerns were raised about from North Carolina (Mr. BALLENGER). subscribe to an electronic service that the effect of H.R. 4037 on efforts under H7010 CONGRESSIONAL RECORD — HOUSE August 4, 1998 way to reach an international agree- and it uses it in a very, very fair, com- Texas and California and New York, to ment on a standardized form for pre- mon sense and efficient manner. do what we all want to do, increase senting information on chemicals. Secondly, we want to use the com- productivity, keep this economy roll- Now, I appreciate that concern, and as mon sense with that technology to pre- ing along, and, yes, protect the worker we continue the move into the global vent these injuries and deaths. Too in the workplace. That is what this marketplace, it makes sense to stand- often in these sheets of paper we do not common sense legislation will achieve. ardize as much as possible the presen- use common sense and things read I thank again the gentlewoman from tation of hazard information. ‘‘avoid ocular contact.’’ Avoid ocular Texas (Ms. GRANGER) and the gen- On the other hand, we do not know at contact? Why can we not just say tleman from North Carolina (Mr. this point when the international ef- ‘‘keep out of the eyes.’’ That is the BALLENGER), to the staff on my side of fort will conclude or what it might pro- kind of common sense language that I the Committee on Education and the vide. So H.R. 4037 requires that the think we all need to use, whether we Workplace, and to my staff member Secretary of Labor, if an international are speaking on the House floor or Ryan Dvorak for his hard work. agreement is reached, recommend to whether we are trying to prevent in- Mr. Speaker, I reserve the balance of this committee and to the Senate jury and death in the workplace. my time. Labor Committee any changes in the So this bill goes a long way towards Mr. BALLENGER. Mr. Speaker, I law necessary to make it consistent using that common sense, toward per- yield three minutes to the gentle- with international agreement. mitting the use of technology and the woman from Texas (Ms. GRANGER). Mr. Speaker, H.R. 4037 is a simple but Internet and CD–ROMs, and toward (Ms. GRANGER asked and was given important step towards improving this working with a diverse group of people permission to revise and extend her re- OSHA regulation. and interest groups in this town and marks.) Again I want to thank the gentleman throughout the country. Ms. GRANGER. Mr. Speaker, many from Indiana (Mr. ROEMER) and the We have worked with the AFL–CIO, times on many occasions we come to gentlewoman from Texas (Ms. GRANG- we have worked with the Department this floor in the hope of solving a cri- ER) for their efforts to move this bill, of Labor, we have worked with the sis. Today we come in the hope of pre- and I urge my colleagues to support Chemical Manufacturers Association venting one. H.R. 4037 is a simple bill this bill. and the Small Business Coalition for with a simple premise, to protect the Mr. Speaker, I reserve the balance of MSDS reform led by the NFIB. All of safety and security of America’s work- my time. these groups have worked with the gen- ers. Mr. ROEMER. Mr. Speaker, I yield tlewoman from Texas (Ms. GRANGER) Let me give you an example of how myself such time as I may consume. and the gentleman from North Caro- this bill will make a difference in the (Mr. ROEMER asked and was given lina (Mr. BALLENGER) to put together lives of working people everywhere. permission to revise and extend his re- this bipartisan legislation and try to Under current law, when a chemical is marks.) move this country forward toward pro- spilled in the workplace, the workers Mr. ROEMER. Mr. Speaker, I rise tecting our workers with technology have to plow through a Material Safety today in strong support of this com- and common sense. Data Sheet to find instructions on how mon sense legislation. First of all, I, So I strongly applaud this bipartisan to clean up the spill and minimize dan- too, want to applaud the gentleman work, this good work product, this use ger. Unfortunately, these forms are, as from North Carolina (Mr. BALLENGER) of technology, this use of better the gentleman from Indiana (Mr. ROE- and the gentlewoman from Texas (Ms. English language to help our workers MER) said, generally written in legal GRANGER) for their work and their co- understand the dangers of the work- terms, not common sense terms, that operation and their bipartisanship on place. can straightforwardly protect the safe- this very common sense bill. Finally, I want to conclude by say- ty of our workers. The bottom line, Mr. Speaker, for me ing, Mr. Speaker, that this is the third Our bill ensures that at the begin- is we need to work in a bipartisan, bill this year where we have passed in- ning of each MSDS form there will be common sense way to prevent the 6,000 cremental changes to OSHA that try to an emergency overview that lays out in people that are killed in the workplace do things to ensure better morale, bet- layman’s terms what needs to be done every year and the 70,000 workers that ter productivity and a safer workplace. in the case of a chemical spill in the are hurt in the workplace every year. We passed H.R. 2877, which prohibited workplace. There are things we can do, working OSHA from setting quotas for citations Moreover, our bill allows these im- across the aisle, Democrats and Repub- and fines. We should not have quotas portant forms to be kept through an licans, to use common sense, and in for citations and fines. This committee electronic communication systems, this case technology, to prevent those worked together to prohibit that prac- like a fax-on-demand system, Internet deaths and those injuries. tice. service or CD-ROM. These will make This bill, I think, goes a long way to- We passed 2864, which allows state them more convenient, more acces- ward providing that common sense and OSHA agencies to consult with busi- sible, and, the most important thing, that usage of technology by updating nesses to improve their safety pro- they will make them more effective for these MSDSs. We now can encourage grams. This kind of consultation and our workers. our small businesses and big businesses proactive way, rather than just doing I want to thank the gentleman from to use the CD–ROMs. Instead of merely penalties, will also improve the way North Carolina (Chairman BALLENGER) using what they have used over the OSHA tries to protect the workers with for his hard work on this issue and for decades and through years and years of common sense and technology and his willingness to bring this bill to the paperwork, the Material Safety Data proactive ways of working with our floor. I would also like to thank the Sheets, that have all kinds of complex- businesses, rather than just simply gentleman from Indiana (Mr. ROEMER), ities and paperwork and sheets of data going in and fining them. who cosponsored this legislation with that are faxed from one employer to In conclusion, Mr. Speaker, I want to me, and, as the Congressman said, in another and back and forth, and you say I am very proud to have worked particular, we would like to thank our cannot even read them once they are with the Republicans and Democrats to staff, in my case Lisa Helfman who faxed back and forth, we want to bring get this legislation up before the body worked on my staff and Ryan Dvorak OSHA into the new century and the today. I am very proud to have worked on the staff of the gentleman from In- next century and use the kind of tech- in a bipartisan way to pass two pre- diana (Mr. ROEMER), for their hard nology, Internet services, fax-on-de- vious pieces of legislation that reflect work in bringing this forward. mand, electronic services, and, yes, the same kind of things in this bill, the We often speak of issues in terms of CD–ROMs, to make sure we try to use common sense and the use of tech- right or left. This is an issue that is technology to prevent the 6,000 people nology, and also very proud to do some truly right versus wrong. It is right to that are killed every year and the things in this body that reach out to give our workers the protections they 70,000 people that are injured in the States like Indiana and North Caro- need, since it is always the right time workplace. So this uses technology, lina, that reach out to States like to do the right thing. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7011 I urge my colleagues to pass H.R. 4037 an MSDS. Currently, this information can be TITLE I—AMENDMENTS TO THE SHIPPING today. buried near the end of the document, behind ACT OF 1984 Mr. GOODLING. Mr. Speaker, H.R. 4037 pages of confusing technical information. SEC. 101. PURPOSE. makes two simple but important changes to Finally, the bill instructs the Occupational Section 2 of the Shipping Act of 1984 (46 OSHA's regulation on Hazard Communication. Safety and Health Administration (OSHA) to U.S.C. App. 1701) is amended by— First, H.R. 4037 clarifies the law with regard conduct a study on the technical level of lan- (1) striking ‘‘and’’ after the semicolon in to the acceptable use of electronic systems for guage used to write MSDS's. Presently, some paragraph (2); maintaining ``material safety data sheets,'' documents still say things like: ``Avoid ocular (2) striking ‘‘needs.’’ in paragraph (3) and which employers are required to maintain and contact,'' instead of: ``Keep out of eyes.'' inserting ‘‘needs; and’’; make available to employees by the Hazard (3) adding at the end thereof the following: OSHA would make the results of their study ‘‘(4) to promote the growth and develop- Communication standard. available to MSDS writers to provide guidance ment of United States exports through com- To anyone who has looked at the amount of and improve their quality. petitive and efficient ocean transportation information required of the typical business by To achieve this bipartisan piece of legisla- and by placing a greater reliance on the mar- the Hazard Communication standard, it should tion, we have worked in good faith with every ketplace.’’. be evident that an electronic system of keep- interested party to address the concerns of the SEC. 102. DEFINITIONS. ing that information is preferable to a paper AFL-CIO, the Chemical Manufacturers Asso- Section 3 of the Shipping Act of 1984 (46 system. And yet OSHA continues to suggest a ciation, the Department of Labor, and the U.S.C. App. 1702) is amended by— preference for paper copies of material safety small business Coalition for Material Safety (1) striking ‘‘the government under whose data sheets by putting conditions on the use Data Sheet Reform. Again, I thank my col- registry the vessels of the carrier operate;’’ of electronic systems that it does not put on leagues for their cooperation and hard work in paragraph (8) and inserting ‘‘a govern- paper copies. on H.R. 4037. I look forward to working with ment;’’; (2) striking paragraph (9) and inserting the By encouraging employers, especially small the Senate to ensure its eventual enactment employers, to use electronic systems for main- following: into law. ‘‘(9) ‘deferred rebate’ means a return by a taining material safety data sheets, H.R. 4037 Mr. ROEMER. Mr. Speaker, I have no common carrier of any portion of freight will make a real impact in reducing OSHA's further requests for time, and I yield money to a shipper as a consideration for paperwork burden on employers. back the balance of my time. that shipper giving all, or any portion, of its Second, H.R. 4037 requires that summary Mr. BALLENGER. Mr. Speaker, I shipments to that or any other common car- and emergency information be attached to the yield back the balance of my time. rier over a fixed period of time, the payment front page of the material safety data sheet. The SPEAKER pro tempore (Mr. of which is deferred beyond the completion of service for which it is paid, and is made This is to make the information more useful DICKEY). The question is on the motion only if the shipper has agreed to make a fur- and useable for employers and employees. offered by the gentleman from North Mr Speaker, I want to commend the spon- ther shipment or shipments with that or any Carolina (Mr. BALLENGER) that the other common carrier.’’; sors of H.R. 4037, Representative GRANGER House suspend the rules and pass the (3) striking paragraph (10) and redesignat- and Representative ROEMER, for their work on bill, H.R. 4037, as amended. ing paragraphs (11) through (27) as para- this bipartisan bill, as well as Subcommittee The question was taken; and (two- graphs (10) through (26); Chairman BALLENGER. H.R. 4037 will help thirds having voted in favor thereof) (4) striking ‘‘in an unfinished or semi- make one Federal regulation a little more sen- the rules were suspended and the bill, finished state that require special handling sible and compliance a little easier. I urge my as amended, was passed. moving in lot sizes too large for a con- tainer,’’ in paragraph (10), as redesignated; colleagues to support H.R. 4037. A motion to reconsider was laid on Mr. ROEMER. Mr. Speaker, today, the (5) striking ‘‘paper board in rolls, and the table. paper in rolls.’’ in paragraph (10) as redesig- House of Representatives will pass H.R. 4037, f nated and inserting ‘‘paper and paper board a bill of which I am an original cosponsor. I in rolls or in pallet or skid-sized sheets.’’; would like to thank my colleagues, Represent- GENERAL LEAVE (6) striking ‘‘conference, other than a serv- ative KAY GRANGER and Representative CASS ice contract or contract based upon time- BALLENGER, and all of the cosponsors, for their Mr. BALLENGER. Mr. Speaker, I ask volume rates,’’ in paragraph (13) as redesig- bipartisan efforts to help create and pass this unanimous consent that all Members nated and inserting ‘‘agreement’’; common sense OSHA reform legislation. may have 5 legislative days within (7) striking ‘‘conference.’’ in paragraph (13) Under current law, every business in the which to revise and extend their re- as redesignated and inserting ‘‘agreement country must maintain documentation about marks on H.R. 4037. and the contract provides for a deferred re- The SPEAKER pro tempore. Is there bate arrangement.’’; the chemicals they keep at a work site. These (8) by striking ‘‘carrier.’’ in paragraph (14) documents are called Material Safety Data objection to the request of the gen- as redesignated and inserting ‘‘carrier, or in Sheets (MSDS's) and while originally intended tleman from North Carolina? connection with a common carrier and a to provide critical health and safety information There was no objection. water carrier subject to subchapter II of chapter 135 of title 49, United States Code.’’; about dangerous chemicals, they have be- f come cumbersome technical documents that (9) striking paragraph (16) as redesignated and redesignating paragraphs (17) through can be up to twenty pages long, and are the b 1045 causes of frequent paperwork violation cita- (26) as redesignated as paragraphs (16) OCEAN SHIPPING REFORM ACT OF through (25), respectively; tions. (10) striking paragraph (17), as redesig- H.R. 4037 has three main points. First, it 1998 nated, and inserting the following: would allow businesses the choice to access Mr. SHUSTER. Mr. Speaker, I move ‘‘(17) ‘ocean transportation intermediary’ the information contained on an MSDS to suspend the rules and pass the Sen- means an ocean freight forwarder or a non- through electronic communications services, ate bill (S. 414) to amend the Shipping vessel-operating common carrier. For pur- like a fax-on-demand system, internet service, Act of 1984 to encourage competition in poses of this paragraph, the term— ‘‘(A) ‘ocean freight forwarder’ means a per- or a CD-ROM. This type of service eliminates international shipping and growth of an enormous amount of regulatory paperwork, son that— United States exports, and for other ‘‘(i) in the United States, dispatches ship- while actually increasing access to the infor- purposes, as amended. ments from the United States via a common mation. Current MSDS service companies can The Clerk read as follows: carrier and books or otherwise arranges provide instantaneous access to critical chemi- S. 414 space for those shipments on behalf of ship- cal information, expert technical advice, and pers; and Be it enacted by the Senate and House of Rep- ‘‘(ii) processes the documentation or per- coordination with emergency responders. The resentatives of the United States of America in forms related activities incident to those current paper system can do none of those. Congress assembled, shipments; and Second, H.R. 4037 would require all MSDS SECTION 1. SHORT TITLE. to have an emergency overview at the begin- ‘‘(B) ‘non-vessel-operating common carrier’ This Act may be cited as the ‘‘Ocean Ship- means a common carrier that does not oper- ning of the document that lists emergency ping Reform Act of 1998’’. ate the vessels by which the ocean transpor- contacts, hazard warnings, and first aid infor- SEC. 2. EFFECTIVE DATE. tation is provided, and is a shipper in its re- mation. This emergency overview would allow Except as otherwise expressly provided in lationship with an ocean common carrier.’’; both employers and employees to have imme- this Act, this Act and the amendments made (11) striking paragraph (19), as redesig- diate access to the most critical information on by this Act take effect May 1, 1999. nated and inserting the following: H7012 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘(19) ‘service contract’ means a written ‘‘(2) require a member or members of the into a service contract with one or more contract, other than a bill of lading or a re- agreement to disclose a negotiation on a shippers subject to the requirements of this ceipt, between one or more shippers and an service contract, or the terms and conditions Act. The exclusive remedy for a breach of a individual ocean common carrier or an of a service contract, other than those terms contract entered into under this subsection agreement between or among ocean common or conditions required to be published under shall be an action in an appropriate court, carriers in which the shipper or shippers section 8(c)(3) of this Act; or unless the parties otherwise agree. In no case makes a commitment to provide a certain ‘‘(3) adopt mandatory rules or require- may the contract dispute resolution forum volume or portion of cargo over a fixed time ments affecting the right of an agreement be controlled by or in any way affiliated period, and the ocean common carrier or the member or agreement members to negotiate with a controlled carrier as defined in sec- agreement commits to a certain rate or rate and enter into service contracts. tion 3(8) of this Act, or by the government schedule and a defined service level, such as An agreement may provide authority to which owns or controls the carrier. assured space, transit time, port rotation, or adopt voluntary guidelines relating to the ‘‘(2) FILING REQUIREMENTS.—Except for similar service features. The contract may terms and procedures of an agreement mem- service contracts dealing with bulk cargo, also specify provisions in the event of non- ber’s or agreement members’ service con- forest products, recycled metal scrap, new performance on the part of any party.’’; and tracts if the guidelines explicitly state the assembled motor vehicles, waste paper, or (12) striking paragraph (21), as redesig- right of members of the agreement not to paper waste, each contract entered into nated, and inserting the following: follow the guidelines. These guidelines shall under this subsection by an individual ocean ‘‘(21) ‘shipper’ means— be confidentially submitted to the Commis- common carrier or an agreement shall be ‘‘(A) a cargo owner; sion.’’. filed confidentially with the Commission. ‘‘(B) the person for whose account the (b) APPLICATION.— Each service contract shall include the fol- ocean transportation is provided; (1) Subsection (e) of section 5 of that Act, lowing essential terms— ‘‘(C) the person to whom delivery is to be as redesignated, is amended by striking ‘‘this ‘‘(A) the origin and destination port made; Act, the Shipping Act, 1916, and the Inter- ranges; ‘‘(D) a shippers’ association; or coastal Shipping Act, 1933, do’’ and inserting ‘‘(B) the origin and destination geographic ‘‘(E) an ocean transportation intermediary, ‘‘this Act does’’; and areas in the case of through intermodal as defined in paragraph (17)(B) of this sec- (2) Subsection (f) of section 5 of that Act, movements; tion, that accepts responsibility for payment ‘‘(C) the commodity or commodities in- as redesignated, is amended by— of all charges applicable under the tariff or volved; (A) striking ‘‘and the Shipping Act, 1916, service contract.’’. ‘‘(D) the minimum volume or portion; do’’ and inserting ‘‘does’’; ‘‘(E) the line-haul rate; SEC. 103. AGREEMENTS WITHIN THE SCOPE OF (B) striking ‘‘or the Shipping Act, 1916,’’; THE ACT. ‘‘(F) the duration; and (a) OCEAN COMMON CARRIERS.—Section 4(a) ‘‘(G) service commitments; and (C) inserting ‘‘or are essential terms of a of the Shipping Act of 1984 (46 U.S.C. App. ‘‘(H) the liquidated damages for non- service contract’’ after ‘‘tariff’’. 1703(a)) is amended by— performance, if any. (1) striking ‘‘operators or non-vessel-oper- SEC. 105. EXEMPTION FROM ANTITRUST LAWS. ‘‘(3) PUBLICATION OF CERTAIN TERMS.—When ating common carriers;’’ in paragraph (5) and Section 7 of the Shipping Act of 1984 (46 a service contract is filed confidentially with inserting ‘‘operators;’’; U.S.C. App. 1706) is amended by— the Commission, a concise statement of the (2) striking ‘‘and’’ in paragraph (6) and in- (1) inserting ‘‘or publication’’ in paragraph essential terms described in paragraphs 2 serting ‘‘or’’; and (2) of subsection (a) after ‘‘filing’’; (A), (C), (D), and (F) shall be published and (3) striking paragraph (7) and inserting the (2) striking ‘‘or’’ at the end of subsection made available to the general public in tariff following: (b)(2); format. ‘‘(7) discuss and agree on any matter relat- (3) striking ‘‘States.’’ at the end of sub- ‘‘(4) DISCLOSURE OF CERTAIN TERMS.— ed to service contracts.’’. section (b)(3) and inserting ‘‘States; or’’; and ‘‘(A) An ocean common carrier, which is a (b) MARINE TERMINAL OPERATORS.—Section (4) adding at the end of subsection (b) the party to or is subject to the provisions of a 4(b) of that Act (46 U.S.C. App. 1703(b)) is following: collective bargaining agreement with a labor amended by— ‘‘(4) to any loyalty contract.’’. organization, shall, in response to a written (1) striking ‘‘(to the extent the agreements SEC. 106. TARIFFS. request by such labor organization, state involve ocean transportation in the foreign (a) IN GENERAL.—Section 8(a) of the Ship- whether it is responsible for the following commerce of the United States)’’; ping Act of 1984 (46 U.S.C. App. 1707(a)) is work at dock areas and within port areas in (2) striking ‘‘and’’ in paragraph (1) and in- amended by— the United States with respect to cargo serting ‘‘or’’; and (1) inserting ‘‘new assembled motor vehi- transportation under a service contract de- (3) striking ‘‘arrangements.’’ in paragraph cles,’’ after ‘‘scrap,’’ in paragraph (1); scribed in paragraph (1) of this subsection— (2) and inserting ‘‘arrangements, to the ex- (2) striking ‘‘file with the Commission, ‘‘(i) the movement of the shipper’s cargo tent that such agreements involve ocean and’’ in paragraph (1); on a dock area or within the port area or to transportation in the foreign commerce of (3) striking ‘‘inspection,’’ in paragraph (1) or from railroad cars on a dock area or with- the United States.’’. and inserting ‘‘inspection in an automated in the port area; SEC. 104. AGREEMENTS. tariff system,’’; ‘‘(ii) the assignment of intraport carriage (a) IN GENERAL.—Section 5 of the Shipping (4) striking ‘‘tariff filings’’ in paragraph (1) of the shipper’s cargo between areas on a Act of 1984 (46 U.S.C. App. 1704) is amended and inserting ‘‘tariffs’’; dock or within the port area; by— (5) striking ‘‘freight forwarder’’ in para- ‘‘(iii) the assignment of the carriage of the (1) striking subsection (b)(8) and inserting graph (1)(C) and inserting ‘‘transportation shipper’s cargo between a container yard on the following: intermediary, as defined in section a dock area or within the port area and a rail ‘‘(8) provide that any member of the con- 3(17)(A),’’; yard adjacent to such container yard; and ference may take independent action on any (6) striking ‘‘and’’ at the end of paragraph ‘‘(iv) the assignment of container freight rate or service item upon not more than 5 (1)(D); station work and container maintenance and calendar days’ notice to the conference and (7) striking ‘‘loyalty contract,’’ in para- repair work performed at a dock area or that, except for exempt commodities not graph (1)(E); within the port area. published in the conference tariff, the con- (8) striking ‘‘agreement.’’ in paragraph ‘‘(B) The common carrier shall provide the ference will include the new rate or service (1)(E) and inserting ‘‘agreement; and’’; information described in subparagraph (A) of item in its tariff for use by that member, ef- (9) adding at the end of paragraph (1) the this paragraph to the requesting labor orga- fective no later than 5 calendar days after re- following: nization within a reasonable period of time. ceipt of the notice, and by any other member ‘‘(F) include copies of any loyalty contract, ‘‘(C) This paragraph requires the disclosure that notifies the conference that it elects to omitting the shipper’s name.’’; and of information by an ocean common carrier adopt the independent rate or service item (10) striking paragraph (2) and inserting only if there exists an applicable and other- on or after its effective date, in lieu of the the following: wise lawful collective bargaining agreement existing conference tariff provision for that ‘‘(2) Tariffs shall be made available elec- which pertains to that carrier. No disclosure rate or service item; tronically to any person, without time, made by an ocean common carrier shall be (2) redesignating subsections (c) through quantity, or other limitation, through appro- deemed to be an admission or agreement (e) as subsections (d) through (f); and priate access from remote locations, and a that any work is covered by a collective bar- (3) inserting after subsection (b) the fol- reasonable charge may be assessed for such gaining agreement. Any dispute regarding lowing: access. No charge may be assessed a Federal whether any work is covered by a collective ‘‘(c) OCEAN COMMON CARRIER AGREE- agency for such access.’’. bargaining agreement and the responsibility MENTS.—An ocean common carrier agree- (b) SERVICE CONTRACTS.—Subsection (c) of of the ocean common carrier under such ment may not— that section is amended to read as follows: agreement shall be resolved solely in accord- ‘‘(1) prohibit or restrict a member or mem- ‘‘(c) SERVICE CONTRACTS.— ance with the dispute resolution procedures bers of the agreement from engaging in nego- ‘‘(1) IN GENERAL.—An individual ocean contained in the collective bargaining agree- tiations for service contracts with 1 or more common carrier or an agreement between or ment and the National Labor Relations Act, shippers; among ocean common carriers may enter and without reference to this paragraph. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7013 ‘‘(D) Nothing in this paragraph shall have (1) striking ‘‘service contracts filed with ‘‘(B) is under a tariff or service contract any effect on the lawfulness or unlawfulness the Commission’’ in the first sentence of sub- which has been suspended or prohibited by under this Act, the National Labor Relations section (a) and inserting ‘‘service contracts, the Commission under section 9 of this Act Act, the Taft-Hartley Act, the Federal Trade or charge or assess rates,’’; or the Foreign Shipping Practices Act of 1988 Commission Act, the antitrust laws, or any (2) striking ‘‘or maintain’’ in the first sen- (46 U.S.C. App. 1710a);’’; other Federal or State law, or any revisions tence of subsection (a) and inserting ‘‘main- (4) redesignating paragraphs (5) and (6) as or amendments thereto, of any collective tain, or enforce’’; paragraphs (3) and (4), respectively; bargaining agreement or element thereof, in- (3) striking ‘‘disapprove’’ in the third sen- (5) striking ‘‘except for service contracts,’’ cluding any element that constitutes an es- tence of subsection (a) and inserting ‘‘pro- in paragraph (4), as redesignated, and insert- sential term of a service contract under this hibit the publication or use of’’; and ing ‘‘for service pursuant to a tariff,’’; subsection. (4) striking ‘‘filed by a controlled carrier (6) striking ‘‘rates;’’ in paragraph (4)(A), as ‘‘(E) For purposes of this paragraph the that have been rejected, suspended, or dis- redesignated, and inserting ‘‘rates or terms ‘dock area’ and ‘within the port area’ approved by the Commission’’ in the last charges;’’; shall have the same meaning and scope as in sentence of subsection (a) and inserting (7) inserting after paragraph (4), as redesig- the applicable collective bargaining agree- ‘‘that have been suspended or prohibited by nated, the following: ment between the requesting labor organiza- the Commission’’; ‘‘(5) for service pursuant to a service con- tion and the carrier.’’. (5) striking ‘‘may take into account appro- tract, engage in any unfair or unjustly dis- (c) RATES.—Subsection (d) of that section priate factors including, but not limited to, criminatory practice in the matter of rates is amended by— whether—’’ in subsection (b) and inserting or charges with respect to any port;’’; (1) striking the subsection caption and in- ‘‘shall take into account whether the rates (8) redesignating paragraphs (7) and (8) as serting ‘‘(d) TARIFF RATES.—’’; or charges which have been published or as- paragraphs (6) and (7), respectively; (2) striking ‘‘30 days after filing with the sessed or which would result from the perti- (9) striking paragraph (6) as redesignated Commission.’’ in the first sentence and in- nent classifications, rules, or regulations are and inserting the following: serting ‘‘30 calendar days after publication.’’; below a level which is fully compensatory to ‘‘(6) use a vessel or vessels in a particular (3) inserting ‘‘calendar’’ after ‘‘30’’ in the the controlled carrier based upon that car- trade for the purpose of excluding, prevent- next sentence; and rier’s actual costs or upon its constructive ing, or reducing competition by driving an- (4) striking ‘‘publication and filing with costs. For purposes of the preceding sen- other ocean common carrier out of that the Commission.’’ in the last sentence and tence, the term ‘constructive costs’ means trade;’’; inserting ‘‘publication.’’. the costs of another carrier, other than a (10) striking paragraphs (9) through (13) (d) REFUNDS.—Subsection (e) of that sec- controlled carrier, operating similar vessels and inserting the following: tion is amended by— and equipment in the same or a similar ‘‘(8) for service pursuant to a tariff, give (1) striking ‘‘tariff of a clerical or adminis- trade. The Commission may also take into any undue or unreasonable preference or ad- trative nature or an error due to inadvert- account other appropriate factors, including vantage or impose any undue or unreason- ence’’ in paragraph (1) and inserting a but not limited to, whether—’’; able prejudice or disadvantage; comma; and (6) striking paragraph (1) of subsection (b) ‘‘(9) for service pursuant to a service con- and redesignating paragraphs (2), (3), and (4) (2) striking ‘‘file a new tariff,’’ in para- tract, give any undue or unreasonable pref- as paragraphs (1), (2), and (3), respectively; graph (1) and inserting ‘‘publish a new tariff, erence or advantage or impose any undue or (7) striking ‘‘filed’’ in paragraph (1) as re- or an error in quoting a tariff,’’; unreasonable prejudice or disadvantage with designated and inserting ‘‘published or as- (3) striking ‘‘refund, filed a new tariff with respect to any port; sessed’’; the Commission’’ in paragraph (2) and insert- ‘‘(10) unreasonably refuse to deal or nego- (8) striking ‘‘filing with the Commission.’’ ing ‘‘refund for an error in a tariff or a fail- tiate;’’; in subsection (c) and inserting ‘‘publica- ure to publish a tariff, published a new tar- (11) redesignating paragraphs (14), (15), and tion.’’; iff’’; (16) as paragraphs (11), (12), and (13), respec- (9) striking ‘‘DISAPPROVAL OF RATES.—’’ in (4) inserting ‘‘and’’ at the end of paragraph tively; subsection (d) and inserting ‘‘PROHIBITION OF (2); and (12) striking ‘‘a non-vessel-operating com- RATES.—Within 120 days after the receipt of (5) striking paragraph (3) and redesignating mon carrier’’ in paragraphs (11) and (12) as paragraph (4) as paragraph (3). information requested by the Commission under this section, the Commission shall de- redesignated and inserting ‘‘an ocean trans- (e) MARINE TERMINAL OPERATOR SCHED- portation intermediary’’; ULES.—Subsection (f) of that section is termine whether the rates, charges, classi- fications, rules, or regulations of a con- (13) striking ‘‘sections 8 and 23’’ in para- amended to read as follows: graphs (11) and (12) as redesignated and in- ‘‘(f) MARINE TERMINAL OPERATOR SCHED- trolled carrier may be unjust and unreason- serting ‘‘sections 8 and 19’’; ULES.—A marine terminal operator may able.’’; (14) striking ‘‘or in which an ocean trans- make available to the public, subject to sec- (10) striking ‘‘filed’’ in subsection (d) and portation intermediary is listed as an affili- tion 10(d) of this Act, a schedule of rates, inserting ‘‘published or assessed’’; ate’’ in paragraph (12), as redesignated; regulations, and practices, including limita- (11) striking ‘‘may issue’’ in subsection (d) (15) striking ‘‘Act;’’ in paragraph (12), as tions of liability for cargo loss or damage, and inserting ‘‘shall issue’’; redesignated, and inserting ‘‘Act, or with an pertaining to receiving, delivering, handling, (12) striking ‘‘disapproved.’’ in subsection affiliate of such ocean transportation inter- or storing property at its marine terminal. (d) and inserting ‘‘prohibited.’’; mediary;’’ Any such schedule made available to the (13) striking ‘‘60’’ in subsection (d) and in- (16) striking ‘‘paragraph (16)’’ in the mat- public shall be enforceable by an appropriate serting ‘‘30’’; ter appearing after paragraph (13), as redes- court as an implied contract without proof of (14) inserting ‘‘controlled’’ after ‘‘affected’’ ignated, and inserting ‘‘paragraph (13)’’; and actual knowledge of its provisions.’’. in subsection (d); (17) inserting ‘‘the Commission,’’ after (f) AUTOMATED TARIFF SYSTEM REQUIRE- (15) striking ‘‘file’’ in subsection (d) and in- ‘‘United States,’’ in such matter. MENTS; FORM.—Section 8 of that Act is serting ‘‘publish’’; amended by adding at the end the following: (16) striking ‘‘disapproval’’ in subsection (b) Section 10(c) of the Shipping Act of 1984 ‘‘(g) REGULATIONS.—The Commission shall (e) and inserting ‘‘prohibition’’; (46 U.S.C. App. 1709(c)) is amended by— by regulation prescribe the requirements for (17) inserting ‘‘or’’ after the semicolon in (1) striking ‘‘non-ocean carriers’’ in para- the accessibility and accuracy of automated subsection (f)(1); graph (4) and inserting ‘‘non-ocean carriers, tariff systems established under this section. (18) striking paragraphs (2), (3), and (4) of unless such negotiations and any resulting The Commission may, after periodic review, subsection (f); and agreements are not in violation of the anti- prohibit the use of any automated tariff sys- (19) redesignating paragraph (5) of sub- trust laws and are consistent with the pur- tem that fails to meet the requirements es- section (f) as paragraph (2). poses of this Act’’; tablished under this section. The Commis- SEC. 109. PROHIBITED ACTS. (2) striking ‘‘freight forwarder’’ in para- sion may not require a common carrier to (a) Section 10(b) of the Shipping Act of 1984 graph (5) and inserting ‘‘transportation provide a remote terminal for access under (46 U.S.C. App. 1709(b)) is amended by— intermediary, as defined by section 3(17)(A) subsection (a)(2). The Commission shall by (1) striking paragraphs (1) through (3); of this Act,’’; regulation prescribe the form and manner in (2) redesignating paragraph (4) as para- (3) striking ‘‘or’’ at the end of paragraph which marine terminal operator schedules graph (1); (5); authorized by this section shall be pub- (3) inserting after paragraph (1), as redesig- (4) striking ‘‘contract.’’ in paragraph (6) lished.’’. nated, the following: and inserting ‘‘contract;’’; and SEC. 107. AUTOMATED TARIFF FILING AND IN- ‘‘(2) provide service in the liner trade (5) adding at the end the following: FORMATION SYSTEM. that— ‘‘(7) for service pursuant to a service con- Section 502 of the High Seas Driftnet Fish- ‘‘(A) is not in accordance with the rates, tract, engage in any unjustly discriminatory eries Enforcement Act (46 U.S.C. App. 1707a) charges, classifications, rules, and practices practice in the matter of rates or charges is repealed. contained in a tariff published or a service with respect to any locality, port, or persons SEC. 108. CONTROLLED CARRIERS. contract entered into under section 8 of this due to those persons’ status as shippers’ as- Section 9 of the Shipping Act of 1984 (46 Act unless excepted or exempted under sec- sociations or ocean transportation inter- U.S.C. App. 1708) is amended by— tion 8(a)(1) or 16 of this Act; or mediaries; or H7014 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘(8) for service pursuant to a service con- Commission may request that the Secretary mediary arising from its transportation-re- tract, give any undue or unreasonable pref- of the Treasury refuse or revoke any clear- lated activities described in section 3(17) of erence or advantage or impose any undue or ance required for a vessel operated by that this Act with the consent of the insured unreasonable prejudice or disadvantage with common carrier. Upon request by the Com- ocean transportation intermediary and sub- respect to any locality, port, or persons due mission, the Secretary of the Treasury shall, ject to review by the surety company, or to those persons’ status as shippers’ associa- with respect to the vessel concerned, refuse when the claim is deemed valid by the surety tions or ocean transportation inter- or revoke any clearance required by section company after the ocean transportation mediaries;’’. 4197 of the Revised Statutes of the United intermediary has failed to respond to ade- (c) Section 10(d) of the Shipping Act of 1984 States (46 U.S.C. App. 91).’’; and quate notice to address the validity of the (46 U.S.C. App. 1709(d)) is amended by— (4) striking ‘‘paragraphs (1), (2), and (3)’’ in claim; and (1) striking ‘‘freight forwarders,’’ and in- paragraph (6), as redesignated, and inserting ‘‘(C) shall be available to pay any judg- serting ‘‘transportation intermediaries,’’; ‘‘paragraphs (1), (2), (3), and (4)’’. ment for damages against an ocean transpor- (2) striking ‘‘freight forwarder,’’ in para- (c) Section 13(f)(1) of the Shipping Act of tation intermediary arising from its trans- graph (1) and inserting ‘‘transportation 1984 (46 U.S.C. App. 1712(f)(1)) is amended portation-related activities under section intermediary,’’; by— 3(17) of this Act, provided the claimant has (3) striking ‘‘subsection (b)(11), (12), and (1) striking ‘‘or (b)(4)’’ and inserting ‘‘or first attempted to resolve the claim pursu- (16)’’ and inserting ‘‘subsections (b)(10) and (b)(2)’’; ant to subparagraph (B) of this paragraph (13)’’; and (2) striking ‘‘(b)(1), (4)’’ and inserting and the claim has not been resolved within a (4) adding at the end thereof the following: ‘‘(b)(1), (2)’’; and reasonable period of time. ‘‘(4) No marine terminal operator may give (3) adding at the end thereof the following ‘‘(3) The Commission shall prescribe regu- any undue or unreasonable preference or ad- ‘‘Neither the Commission nor any court shall lations for the purpose of protecting the in- vantage or impose any undue or unreason- order any person to pay the difference be- terests of claimants, ocean transportation able prejudice or disadvantage with respect tween the amount billed and agreed upon in intermediaries, and surety companies with to any person. writing with a common carrier or its agent respect to the process of pursuing claims ‘‘(5) The prohibition in subsection (b)(13) of and the amount set fourth in any tariff or against ocean transportation intermediary this section applies to ocean transportation service contract by that common carrier for bonds, insurance, or sureties through court intermediaries, as defined by section 3(17)(A) the transportation service provided.’’. judgments. The regulations shall provide of this Act.’’. SEC. 113. REPORTS AND CERTIFICATES. that a judgment for monetary damages may SEC. 110. COMPLAINTS, INVESTIGATIONS, RE- Section 15 of the Shipping Act of 1984 (46 not be enforced except to the extent that the PORTS, AND REPARATIONS. U.S.C. App. 1714) is amended by— damages claimed arise from the transpor- Section 11(g) of the Shipping Act of 1984 (46 (1) striking ‘‘and certificates’’ in the sec- tation-related activities of the insured ocean U.S.C. App. 1710(g)) is amended by— tion heading; transportation intermediary, as defined by (1) striking ‘‘section 10(b)(5) or (7)’’ and in- (2) striking ‘‘(a) REPORTS.—’’ in the sub- the Commission. serting ‘‘section 10(b)(3) or (6)’’; and section heading for subsection (a); and ‘‘(4) An ocean transportation intermediary (2) striking ‘‘section 10(b)(6)(A) or (B)’’ and (3) striking subsection (b). not domiciled in the United States shall des- inserting ‘‘section 10(b)(4)(A) or (B).’’. SEC. 114. EXEMPTIONS. ignate a resident agent in the United States SEC. 111. FOREIGN SHIPPING PRACTICES ACT OF Section 16 of the Shipping Act of 1984 (46 for receipt of service of judicial and adminis- 1988. U.S.C. App. 1715) is amended by striking trative process, including subpoenas.’’; Section 10002 of the Foreign Shipping Prac- ‘‘substantially impair effective regulation by (5) striking, each place such term ap- tices Act of 1988 (46 U.S.C. App. 1710a) is the Commission, be unjustly discriminatory, pears— amended by— result in a substantial reduction in competi- (A) ‘‘freight forwarder’’ and inserting tion, or be detrimental to commerce.’’ and (1) striking ‘‘ ‘non-vessel-operating com- ‘‘transportation intermediary’’; inserting ‘‘result in substantial reduction in mon carrier’,’’ in subsection (a)(1) and insert- (B) ‘‘a forwarder’s’’ and inserting ‘‘an competition or be detrimental to com- ing ‘‘ ‘ocean transportation intermediary’,’’; intermediary’s’’; merce.’’. (2) striking ‘‘forwarding and’’ in subsection (C) ‘‘forwarder’’ and inserting ‘‘inter- (a)(4); SEC. 115. AGENCY REPORTS AND ADVISORY COM- mediary’’; and MISSION. (3) striking ‘‘non-vessel-operating common (D) ‘‘forwarding’’ and inserting ‘‘inter- carrier’’ in subsection (a)(4) and inserting Section 18 of the Shipping Act of 1984 (46 U.S.C. App. 1717) is repealed. mediary’’; ‘‘ocean transportation intermediary services (6) striking ‘‘a bond in accordance with SEC. 116. OCEAN FREIGHT FORWARDERS. and’’; subsection (a)(2).’’ in subsection (c), as redes- (4) striking ‘‘freight forwarder,’’ in sub- Section 19 of the Shipping Act of 1984 (46 U.S.C. App. 1718) is amended by— ignated, and inserting ‘‘a bond, proof of in- sections (c)(1) and (d)(1) and inserting surance, or other surety in accordance with ‘‘transportation intermediary,’’; (1) striking ‘‘freight forwarders’’ in the sec- tion caption and inserting ‘‘transportation subsection (b)(1).’’; (5) striking ‘‘filed with the Commission,’’ (7) striking ‘‘FORWARDERS.—’’ in the cap- in subsection (e)(1)(B) and inserting ‘‘and intermediaries’’; (2) striking subsection (a) and inserting the tion of subsection (e), as redesignated, and service contracts,’’; inserting ‘‘INTERMEDIARIES.—’’; (6) inserting ‘‘and service contracts’’ after following: ‘‘(a) LICENSE.—No person in the United (8) striking ‘‘intermediary’’ the first place ‘‘tariffs’’ the second place it appears in sub- States may act as an ocean transportation it appears in subsection (e)(1), as redesig- section (e)(1)(B); and intermediary unless that person holds a li- nated and as amended by paragraph (5)(A), (7) striking ‘‘(b)(5)’’ each place it appears cense issued by the Commission. The Com- and inserting ‘‘intermediary, as defined in in subsection (h) and inserting ‘‘(b)(6)’’. mission shall issue an intermediary’s license section 3(17)(A) of this Act,’’; SEC. 112. PENALTIES. to any person that the Commission deter- (9) striking ‘‘license’’ in paragraph (1) of (a) Section 13(a) of the Shipping Act of 1984 mines to be qualified by experience and char- subsection (e), as redesignated, and inserting (46 U.S.C. App. 1712(a)) is amended by adding acter to act as an ocean transportation ‘‘license, if required by subsection (a),’’; at the end thereof the following: ‘‘The intermediary.’’; (10) striking paragraph (3) of subsection (e), amount of any penalty imposed upon a com- (3) redesignating subsections (b), (c), and as redesignated, and redesignating paragraph mon carrier under this subsection shall con- (d) as subsections (c), (d), and (e), respec- (4) as paragraph (3); and stitute a lien upon the vessels operated by tively; (11) adding at the end of subsection (e), as that common carrier and any such vessel (4) inserting after subsection (a) the fol- redesignated, the following: may be libeled therefore in the district court lowing: ‘‘(4) No conference or group of 2 or more of the United States for the district in which ‘‘(b) FINANCIAL RESPONSIBILITY.— ocean common carriers in the foreign com- it may be found.’’. ‘‘(1) No person may act as an ocean trans- merce of the United States that is author- (b) Section 13(b) of the Shipping Act of 1984 portation intermediary unless that person ized to agree upon the level of compensation (46 U.S.C. App. 1712(b)) is amended by— furnishes a bond, proof of insurance, or other paid to an ocean transportation inter- (1) striking ‘‘section 10(b)(1), (2), (3), (4), or surety in a form and amount determined by mediary, as defined in section 3(17)(A) of this (8)’’ in paragraph (1) and inserting ‘‘section the Commission to insure financial respon- Act, may— 10(b)(1), (2), or (7)’’; sibility that is issued by a surety company ‘‘(A) deny to any member of the conference (2) by redesignating paragraphs (4), (5), and found acceptable by the Secretary of the or group the right, upon notice of not more (6) as paragraphs (5), (6), and (7), respec- Treasury. than 5 calendar days, to take independent tively; ‘‘(2) A bond, insurance, or other surety ob- action on any level of compensation paid to (3) inserting before paragraph (5), as redes- tained pursuant to this section— an ocean transportation intermediary, as so ignated, the following: ‘‘(A) shall be available to pay any order for defined; or ‘‘(4) If the Commission finds, after notice reparation issued pursuant to section 11 or 14 ‘‘(B) agree to limit the payment of com- and an opportunity for a hearing, that a of this Act, or any penalty assessed pursuant pensation to an ocean transportation inter- common carrier has failed to supply infor- to section 13 of this Act; mediary, as so defined, to less than 1.25 per- mation ordered to be produced or compelled ‘‘(B) may be available to pay any claim cent of the aggregate of all rates and charges by subpoena under section 12 of this Act, the against an ocean transportation inter- which are applicable under a tariff and which August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7015 are assessed against the cargo on which the ‘‘use tariffs of conferences and service con- prejudice or disadvantage with respect to a intermediary services are provided.’’. tracts of agreements’’; United States shipper, ocean transportation SEC. 117. CONTRACTS, AGREEMENTS, AND LI- (6) striking ‘‘tariffs filed with the Commis- intermediary, ocean common carrier, or port CENSES UNDER PRIOR SHIPPING sion’’ in subsection (9)(b) and inserting ‘‘tar- within the previous 5 years. LEGISLATION. iffs and service contracts’’; (b) The Secretary of Commerce may not Section 20 of the Shipping Act of 1984 (46 (7) striking ‘‘freight forwarder,’’ each place issue a guarantee or a commitment to guar- U.S.C. App. 1719) is amended by— it appears and inserting ‘‘transportation antee a loan for the construction, recon- (1) striking subsection (d) and inserting the intermediary,’’; and struction, or reconditioning of a fishing ves- following: (8) striking ‘‘tariff’’ each place it appears sel under the authority of title XI of the ‘‘(d) EFFECTS ON CERTAIN AGREEMENTS AND in subsection (11) and inserting ‘‘tariff or Merchant Marine Act, 1936 (46 U.S.C. App. CONTRACTS.—All agreements, contracts, service contract’’. 1271 et seq.) if the fishing vessel operator has modifications, licenses, and exemptions pre- (b) STYLISTIC CONFORMITY.—Section 19 of been— viously issued, approved, or effective under the Merchant Marine Act, 1920 (46 U.S.C. (1) held liable or liable in rem for a civil the Shipping Act, 1916, or the Shipping Act App. 876), as amended by subsection (a), is penalty pursuant to section 308 of the Mag- of 1984, shall continue in force and effect as further amended by— nuson-Stevens Fishery Conservation and if issued or effective under this Act, as (1) redesignating subdivisions (1) through Management Act (16 U.S.C. 1858) and not amended by the Ocean Shipping Reform Act (12) as subsections (a) through (l), respec- paid the penalty; of 1998, and all new agreements, contracts, tively; (2) found guilty of an offense pursuant to and modifications to existing, pending, or (2) redesignating subdivisions (a), (b), and section 309 of the Magnuson-Stevens Fishery new contracts or agreements shall be consid- (c) of subsection (a), as redesignated, as para- Conservation and Management Act (16 U.S.C. ered under this Act, as amended by the graphs (1), (2), and (3); 1859) and not paid the assessed fine or served Ocean Shipping Reform Act of 1998.’’; (3) redesignating subdivisions (a) through the assessed sentence; (2) inserting the following at the end of (d) of subsection (f), as redesignated, as para- (3) held liable for a civil or criminal pen- subsection (e): graphs (1) through (4), respectively; alty pursuant to section 105 of the Marine ‘‘(3) The Ocean Shipping Reform Act of 1998 (4) redesignating subdivisions (a) through Mammal Protection Act of 1972 (16 U.S.C. shall not affect any suit— (e) of subsection (g), as redesignated, as para- 1375) and not paid the assessed fine or served ‘‘(A) filed before the effective date of that graphs (1) through (5), respectively; the assessed sentence; or Act; or (5) redesignating clauses (i) and (ii) of sub- (4) held liable for a civil penalty by the ‘‘(B) with respect to claims arising out of section (g)(4), as redesignated, as subpara- Coast Guard pursuant to title 33 or 46, conduct engaged in before the effective date graphs (A) and (B), respectively; United States Code, and not paid the as- of that Act filed within 1 year after the effec- (6) redesignating subdivisions (a) through sessed fine. tive date of that Act. (e) of subsection (i), as redesignated, as para- The SPEAKER pro tempore (Mr. ‘‘(4) Regulations issued by the Federal graphs (1) through (5), respectively; DICKEY). Pursuant to the rule, the gen- Maritime Commission shall remain in force (7) redesignating subdivisions (a) and (b) of and effect where not inconsistent with this subsection (j), as redesignated, as paragraphs tleman from Pennsylvania (Mr. SHU- Act, as amended by the Ocean Shipping Re- (1) and (2), respectively; STER) and the gentleman from Ten- form Act of 1998.’’. (8) striking ‘‘subdivision (c) of paragraph nessee (Mr. CLEMENT) each will control SEC. 118. SURETY FOR NON-VESSEL-OPERATING (1)’’ in subsection (c), as redesignated, and 20 minutes. COMMON CARRIERS. inserting ‘‘subsection (a)(3)’’; The Chair recognizes the gentleman Section 23 of the Shipping Act of 1984 (46 (9) striking ‘‘paragraph (2)’’ in subsection from Pennsylvania (Mr. SHUSTER). U.S.C. App. 1721) is repealed. (c), as redesignated, and inserting ‘‘sub- Mr. SHUSTER. Mr. Speaker, I yield TITLE II—AUTHORIZATION OF APPRO- section (b)’’; myself such time as I may consume. PRIATIONS FOR THE FEDERAL MARI- (10) striking ‘‘paragraph (1)(b)’’ each place TIME COMMISSION it appears and inserting ‘‘subsection (a)(2)’’; Mr. Speaker, this is the Ocean Ship- ping Reform Act of 1998 which modern- SEC. 201. AUTHORIZATION OF APPROPRIATIONS (11) striking ‘‘subdivision (b),’’ in sub- FOR FISCAL YEAR 1998. section (g)(4), as redesignated, and inserting izes our system of international ocean There are authorized to be appropriated to ‘‘paragraph (2),’’; shipping. This reform is long overdue. the Federal Maritime Commission, $15,000,000 (12) striking ‘‘paragraph (9)(d)’’ in sub- In fact, in the last Congress, the House for fiscal year 1998. section (j)(1), as redesignated, and inserting overwhelmingly passed Ocean Shipping SEC. 202. FEDERAL MARITIME COMMISSION OR- ‘‘subsection (i)(4)’’; and Reform. However, there was no action GANIZATION. (13) striking ‘‘paragraph (7)(d) or (9)(b)’’ in in the other body. Section 102(d) of Reorganization Plan No. 7 subsection (k), as redesignated, and inserting The bill before us today maintains of 1961 (75 Stat. 840) is amended to read as ‘‘subsection (g)(4) or (i)(2)’’. the essential reforms contained in that follows: SEC. 302. TECHNICAL CORRECTIONS. ‘‘(d) A vacancy or vacancies in the mem- (a) PUBLIC LAW 89–777.—Sections 2 and 3 of previous bill, and the most important bership of Commission shall not impair the the Act of November 6, 1966 (46 U.S.C. App. of these reforms is the authority for power of the Commission to execute its func- 817d and 817e) are amended by striking ‘‘they American businesses to keep their tions. The affirmative vote of a majority of in their discretion’’ each place it appears and ocean transportation costs confidential the members serving on the Commission is inserting ‘‘it in its discretion’’. from their foreign competitors. required to dispose of any matter before the (b) TARIFF ACT OF 1930.—Section 641(i) of Today our ocean transportation sys- Commission.’’. the Tariff Act of 1930 (19 U.S.C. 1641) is re- tems are competing against foreign ex- SEC. 203. REGULATIONS. pealed. Not later than March 1, 1999, the Federal porters and foreign importers, and in- TITLE IV—CERTAIN LOAN GUARANTEES deed, American exporters and import- Maritime Commission shall prescribe final AND COMMITMENTS ers are required to publicly file their regulations to implement the changes made SEC. 401. CERTAIN LOAN GUARANTEES AND COM- by this Act. MITMENTS. ocean transportation contract prices. TITLE III—AMENDMENTS TO OTHER (a) The Secretary of Transportation may This bill will allow American busi- SHIPPING AND MARITIME LAWS not issue a guarantee or commitment to nesses to keep those transportation SEC. 301. AMENDMENTS TO SECTION 19 OF THE guarantee a loan for the construction, recon- costs confidential from their foreign MERCHANT MARINE ACT, 1920. struction, or reconditioning of a liner vessel competitors, and it will level the inter- (a) IN GENERAL.—Section 19 of the Mer- under the authority of title XI of the Mer- national playing field for our U.S. ex- chant Marine Act, 1920 (46 U.S.C. App. 876) is chant Marine Act, 1936 (46 U.S.C. App. 1271 et porters. Further delay in not passing amended by— seq.) after the date of enactment of this Act (1) striking ‘‘forwarding and’’ in subsection unless the Chairman of the Federal Maritime this bill will sacrifice any chance of re- (1)(b); Commission certifies that the operator of form in this Congress. (2) striking ‘‘non-vessel-operating common such vessel— This bill is strongly supported by carrier operations,’’ in subsection (1)(b) and (1) has not been found by the Commission millions of U.S. businesses, including inserting ‘‘ocean transportation inter- to have violated section 19 of the Merchant the National Industrial Transportation mediary services and operations,’’; Marine Act, 1920 (46 U.S.C. App. 876), or the League and the American Flag Car- (3) striking ‘‘methods or practices’’ and in- Foreign Shipping Practices Act of 1988 (46 riers. It is supported by the adminis- serting ‘‘methods, pricing practices, or other U.S.C. App. 1701a), within the previous 5 tration and it is supported by orga- practices’’ in subsection (1)(b); years; and nized labor. (4) striking ‘‘tariffs of a common carrier’’ (2) has not been found by the Commission in subsection 7(d) and inserting ‘‘tariffs and to have committed a violation of the Ship- I would emphasize to my colleagues service contracts of a common carrier’’; ping Act of 1984 (46 U.S.C. App. 1701 et seq.), that competitive American ocean ship- (5) striking ‘‘use the tariffs of conferences’’ which involves unjust or unfair discrimina- ping is becoming more and more im- in subsections (7)(d) and (9)(b) and inserting tory treatment or undue or unreasonable portant to our country as we compete H7016 CONGRESSIONAL RECORD — HOUSE August 4, 1998 more and more in a global economy. In solves this problem by prohibiting a promoting competition in inter- fact, let me share a statistic that I find conference from restricting its mem- national shipping when compared to a bit stunning. bers from entering into service con- the Shipping Act of 1984. I strongly The average American plant, if it tracts. Similarly, a conference may not urge my colleagues to support passage wants to ship product overseas from a require its members to disclose the of this bill so that it can be signed into seaport, must ship its product to that terms of the service contracts that law by the President. port an average distance of 1,500 miles. they enter into. Mr. Speaker, I reserve the balance of For a German company in Germany, it Mr. Speaker, this bill will increase my time. must ship its product to a seaport only competition among international car- Mr. SHUSTER. Mr. Speaker, I yield 300 miles. For a Japanese company, it riers. It will benefit both large and myself such time as I may consume. must ship its product to a seaport only small companies that desire to have Mr. Speaker, we bring this bill to the 30 miles. So one can see the relative their goods exported. floor today in consultation with the disadvantage we have in transportation The Ocean Shipping Reform Act of Committee on the Judiciary. I ask to costs, and therefore, the extraordinary 1997 has broad support from shipping include for the RECORD the letters be- need for us to make our transportation lines, such as Sea-Land and American tween the Committee on Transpor- system as efficient as possible. President Lines, from shoreside labor, tation and Infrastructure and the Com- This, of course, means the including the ILA and the ILWU, the mittee on the Judiciary concerning the multimodal nature of our transpor- American Association of Port Authori- committees’ respective jurisdictions tation system, from an efficient rail- ties, and the National Industrial Trans- over this legislation. road system, an efficient trucking sys- portation League. The letters referred to are as follows: tem, shipping into those ports, to mod- There is one group, Transportation HOUSE OF REPRESENTATIVES, ernize ports which can handle those Intermediaries, that has concerns COMMITTEE ON THE JUDICIARY, products to be shipped overseas, and about S. 414. These companies do not Washington, DC, August 3, 1998. the actual passage, the actual ocean operate the vessels on which the cargo Hon. BUD SHUSTER, Chairman, Committee on Transportation and shipping itself. is carried, but resell their space to Infrastructure, U.S. House of Representa- For all of these reasons we need to shippers. One of the purposes of the tives, Washington, DC. pass this legislation today as one of the Shipping Act is to promote investment DEAR BUD: I understand that you intend to steps in making American global trans- in international shipping. This bill at- move to suspend the rules and pass S. 414, the portation more efficient. For that rea- tempts to give people reason to invest ‘‘Ocean Shipping Reform Act of 1998,’’ as son, I urge my colleagues to support in shipping by allowing the company passed by the Senate. this legislation. that operates the vessel on which the Title I of S. 414, as passed by the Senate, Mr. Speaker, I reserve the balance of goods are transported to have a more makes a variety of amendments to the re- gime under which ocean common carrier my time. confidential contract with shippers conferences enjoy antitrust immunity. Mr. CLEMENT. Mr. Speaker, I yield than those that do not operate the ves- Under Rule X(1)(j)(15), the Committee on the myself such time as I may consume. sel. Judiciary has jurisdiction over the antitrust Mr. Speaker, I rise in strong support International shipping is continuing provisions of the Act. of the Senate bill, S. 414, the Ocean to evolve with larger, more efficient Because of the leadership’s request that we Shipping Reform Act of 1997. S. 414 will ships. By promoting investment in move this bill to the floor quickly and the significantly increase competition in these types of ship operations, we will delicate political balance involved in this international shipping, and help make help to decrease the cost of transport- compromise legislation, I am willing to U.S. industries more competitive by waive this Committee’s right to a referral of ing goods in the future. S. 414. I will not attempt to impede this leg- decreasing their transportation costs However, if we do not see this type of islation from going forward so long as it re- to overseas markets. investment and increased competition mains in exactly the form it was passed by In the last Congress the House passed as a result of enactment of S. 414, I do the Senate, other than the provisions of H.R. 2149, the Ocean Shipping Reform not believe that Congress will hesitate Title IV, which I understand will be removed Act of 1995, legislation which was wide- to revisit these issues to promote com- at the request of the Committee on Veter- ly criticized for allowing international petition in international shipping. ans’ Affairs. However, my doing so does not shipping conferences to enter into to- Mr. Speaker, I would like to take a constitute any waiver of the Committee’s ju- tally confidential contracts with ship- moment to mention one other essential risdiction over these provisions and does not prejudice its rights in any future legislation pers while maintaining their antitrust of S. 414 that is being dropped from relating to these provisions or any other immunity. The Ocean Shipping Reform that bill. Title IV, as passed by the antitrust immunity provided in the Act. I Act of 1997 does not allow for totally Senate, grants limited burial and fu- will, of course, insist that Members of this confidential contracts by conferences. neral benefits to Merchant Mariners Committee be named as conferees on these Carriers in conferences must continue who served in World War II between provisions or any other antitrust immunity to disclose to the Federal Maritime August 16, 1945, and December 31, 1946. provided in the Act should the bill go to the Commission the commodity, volume, In 1987, the Department of Defense conference. origin, and destination port ranges, as granted veterans status to Merchant I want to note, however, that I am very concerned about the situation of the non- well as the contract duration. Mariners who served between Decem- vessel-owning common carriers, or NVOCCs, In the interests of eliminating unnec- ber 7th, 1941, and August 16, 1945. How- the freight forwarders, and the shipping as- essary government involvement, tariffs ever, the dangers of the war did not end sociations. These groups were not included and rates will not need to be filed with on that day. Foreign harbors continued in the compromise that was reached in the the Federal Maritime Commission. We to have dangerous mines. At least 11 Senate, and I believe that the provisions of are going to allow the electronic tech- merchant ships were sunk during those this bill will harm them. For that reason, I will not be able to support S. 414 when it nology in the marketplace to promote 141⁄2 months between 1945 and at the competition by requiring that tariffs end of 1946. comes to the floor, and I intend to speak and rates be made available on the Mr. Speaker, over 310 members of the against it. I understand that you also are concerned about the plight of these groups Internet. People around the world will House have cosponsored H.R. 1126, and that you intend to take further action to have instantaneous access to the rates which would have granted these Mer- address their concerns in the next Congress. and services provided by water car- chant Mariners full veterans status. This action will include hearings and other riers. The provisions that were contained in oversight activities as the amendments to Many of the complaints about the S. 414 would have simply allowed these the Shipping Act of 1984 are implemented. Shipping Act of 1984 centered around men to be buried in our national ceme- If the foregoing meets with your under- restrictions that international ship- teries, and be given a flag and a head- standing of the matter, I would appreciate ping conferences had placed upon their your placing this letter and your response in stone for their valiant service to our the record during the debate on S. 414. Thank members. For many years, conferences country. I do not think that was too you for your cooperation in this matter. had restricted the ability of their much to ask. Sincerely, members to enter into service con- However, when considered in its en- HENRY J. HYDE, tracts with their customers. S. 414 tirety, S. 414 is a major step forward in Chairman. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7017 HOUSE OF REPRESENTATIVES, COM- However, I understand the political re- conduct such oversight in the Commit- MITTEE ON TRANSPORTATION AND ality that this system has been in the tee on the Judiciary, as well. INFRASTRUCTURE, law since 1916, and it probably cannot Mr. SHUSTER. Mr. Speaker, I am Washington, DC, August 4, 1998. be eliminated in one shot. I reluctantly pleased to yield 4 minutes to the gen- Hon. HENRY J. HYDE, Chairman, Committee on the Judiciary, Ray- accept that change probably has to tleman from Maryland (Mr. Gilchrest), burn House Office Building, Washington, come incrementally. However, in mak- the distinguished chairman of our sub- DC. ing that incremental change, we should committee. DEAR MR. CHAIRMAN: Thank you for your follow the fundamental principles of Mr. GILCHREST. Mr. Speaker, I letter waiving your Committee’s right to a medicine: First, do no harm. thank the chairman for yielding time referral of amendments to the Shipping Act I think this bill does harm in some to me. I am not sure if I need the entire of 1984 contained in S. 414, the Ocean Ship- important ways. First and most impor- 4 minutes. I want to address some of ping Reform Act. I agree that the waiver tantly, one group of small businesses, the concerns that the chairman of the should not be viewed as a waiver of any ju- risdictional claim that you might have over many of whom are my constituents, Committee on the Judiciary raised. the bill. As you know, ocean shipping reform will suffer severe harm if this bill be- One is the antitrust exemption, and has been an extremely controversial subject, comes law. At every port there are he is correct, we have tried to deal and I appreciate your continuing support of businesses that consolidate small ship- with this particular issue, and ocean my effort to modernize international ocean ments into large shipments, thereby shipping in general, in an international shipping. getting lower rates for small shippers. way since 1916. This has been addressed Since the House of Representatives passed These businesses go by various in Congress in 1961, during the 1970s re- H.R. 2149, the Ocean Shipping Reform Act of names, nonvessel operating common cession, then in 1984 in the Ocean Ship- 1996, the Senate has worked to pass a bill carriers, freight forwarders, or shipping that maintained the most essential provi- ping Act, and again as recently as a sions of H.R. 2149. Earlier this year, the Sen- associations, but they all perform basi- couple of years ago, in order to sta- ate passed S. 414, the Ocean Shipping Reform cally the same economic function. In bilize ocean shipping in an inter- Act of 1998. That bill is not identical to H.R. doing so, they compete directly with national way, understanding that 85 2149, but it retains the provisions from the the ocean-going common carriers for percent of the regulated ocean shipping House bill that are the most important to shipping business. is basically controlled by the inter- millions of American businesses. These pro- This bill puts these small businesses national community or our foreign visions give American businesses the free- at a severe disadvantage. It allows competitors. dom to keep their ocean transportation con- their competitors to use secret con- tract prices confidential from their foreign b 1100 tracts to undermine the cartels, but it competitors. This change in the law will im- To deal with this issue in an incre- prove the competitive position of American requires these small businesses to pub- exporters, and stimulate American exports. lish their rates for all to see. It does mental fashion would mean that we are I believe we must act now to pass S. 414. not take an economic genius to realize trying to do no harm to U.S. shipping, This bill is a huge step forward in the proc- that this system will soon drive them the main goal of this legislation. It is ess of deregulation of international ocean out of business. not a panacea. It does not solve all of shipping. If we delay action on this impor- Second, I am concerned that this bill the problems for those people who are tant matter any longer, we will lose this actually encourages the joint negotia- involved in the shipping industry, espe- chance to modernize ocean shipping trans- tion of inland shipping rates. Thus, not cially the freight forwarders that the portation practices and level the playing gentleman from Illinois (Mr. HYDE) field for American businesses. only will the rates for the ocean part of I understand that you have strong con- the trip be set by legally-sanctioned mentioned, but it does, in an incremen- cerns about the provisions in S. 414 related price-fixing cartels, but now those tal fashion, create stability and a fur- to shipping intermediaries and other mat- same cartels will be encouraged to ther advantage for the U.S. shipping ters. During the next Congress, I will work jointly negotiate rates for the overland industry, with the U.S. shipping indus- with you, the shipping intermediaries, and trip to the port, as well. I see no jus- try being able to enter into private the Federal Maritime Commission to bring a tification for this further extension of contracts, the shippers and the car- more level playing field to all U.S. busi- cartel behavior. riers. nesses involved in ocean shipping. This has not been done before. Our Please be assured that I will submit our Let me just repeat, I would like to foreign competitors were able to enter correspondence on S. 414 for the RECORD see the entire antitrust exemption when we take the bill up on the House Floor. eliminated. Failing that, I would like into private contracts, which was a big With kind personal regards, I am to allow all of the competitors to use disadvantage to U.S. shippers, and if Sincerely, secret contracts so that the cartels are that was a big disadvantage to U.S. BUD SHUSTER, undermined. But I am not willing to shippers, it was not helpful to those Chairman. make those changes in a way that who are categorized as a freight for- Mr. Speaker, I am pleased to yield 31⁄2 gives one group of competitors an in- warder. minutes to the distinguished gen- surmountable advantage over another, We do have to deal with those con- tleman from Illinois (Mr. HYDE), chair- and unfortunately, that is what this stituents of the gentleman from Illi- man of the Committee on the Judici- bill does. nois (Mr. HYDE), the gentleman from Il- ary. This compromise was reached in the linois (Mr. FAWELL), myself and a num- Mr. HYDE. Mr. Speaker, I thank the Senate after the committee reported ber of other Members in the area of gentleman for yielding time to me. the bill, but before it reached the floor. what we might call travel agents, those Mr. Speaker, I rise in reluctant oppo- We are now taking it up on the floor people who try to decide, someone who sition to S. 414, the Ocean Shipping Re- without any committee consideration. has a small business, who cannot fill up form Act of 1998. Two years ago I stood We are told if we change one word the many containers or who may not be here and supported H.R. 2149, another whole thing will fall apart. I under- able to fill up one container, how do we version of shipping reform. The bill we stand that reality as well, and thus, I consolidate all those small businesses consider today differs from the 1996 bill have not insisted on a referral. How- so that we can get their goods on these in important ways, and I cannot sup- ever, I can only go so far, and I cannot ships and ship overseas at the lowest port it. support this bill, which harms my con- rate possible? The competition in there Current law provides an antitrust ex- stituents. I urge my colleagues to de- is very great. emption for ocean-going ships, most of feat it. I would say to the chairman of the which are foreign-owned, to form car- I want to thank my colleagues, the Committee on the Judiciary that we tels that legally enter into price-fixing gentleman from Pennsylvania (Mr. are very cognizant of that particular agreements at the expense of American SHUSTER) and the gentleman from problem. As we go through this legisla- shippers. As chairman of the commit- Maryland (Mr. GILCHREST). I appreciate tion again next year, those areas of tee with jurisdiction over antitrust, I their commitment to conduct vigorous concern will be addressed and the find that system difficult to accept. oversight of the situation of the var- freight forwarders and people in that If we were writing on a blank slate, I ious types of freight consolidators if particular arena, we want to make sure do not think such a system would pass. this bill becomes law, and I intend to that those small businesses stay in H7018 CONGRESSIONAL RECORD — HOUSE August 4, 1998 business, because they add such a great cratic colleague, Senator BREAUX, who by increasing competition among carriers and deal to the free and open marketplace. called upon the Federal Maritime Com- by allowing carriers to offer a broader array of The chairman of the Committee on mission to actively monitor how this services to their customers. Transportation and Infrastructure legislation impacts small businesses Not everyone is totally happy with S. 414. talking about the intermodal system, and freight forwarders in the areas of Under the bill, only the person operating the which the gentleman from Illinois (Mr. ocean freight forwarder compensation vessel on which the goods are actually carried HYDE) also raised, in order to be com- and whether confidential contracts will can enter into a confidential service contract petitive with the rest of the world, undermine the forwarder’s place as an with a shipper. The basis for this is simple: knowing that we do not ship these integral service provider to smaller these people have invested millions of dollars goods, understanding how short the business active in the international in the vessel and pay for its operating cost. distance is shipping from Japan to the trade community. Why should they be treated the same as ports and from Germany to the ports or I am glad to hear that the chairman someone who has not invested any money in from Holland to the ports and from the of the subcommittee as well as the the vessel on which the goods are trans- Midwest to our coastal areas, our chairman of the Committee on the Ju- ported? This bill attempts to give an incentive intermodal system must be very orga- diciary are going to continue to pursue for capital investment in these ships. Others nized, very structured, very aligned. these concerns. may argue that allowing people that do not op- We are doing what we can for the Let me reiterate my support for the erate the vessel on which the goods are trans- whole international marketplace for bill, which represents careful negotia- ported to enter into confidential contracts will the United States to be able to com- tion by labor groups and shippers. It help promote competition and reduce rates. pete not only with the shipping but was clearly no small task to reach the However, investment in new, more efficient with the intermodal transportation agreement that we will be voting on. ships, will also increase capacity and de- system. However, I hope that we will continue crease rates. The FMC is going to continue to Mr. HYDE. Mr. Speaker, will the gen- to examine the effects of the bill to en- oversee these contracts and will be respon- tleman yield? sure that unintended consequences do sible for ensuring that the conferences and Mr. GILCHREST. I yield to the gen- not take place. their members do not engage in anti-competi- tleman from Illinois. Mr. CLEMENT. Mr. Speaker, I have tive practices such as voluntarily pooling infor- Mr. HYDE. Mr. Speaker, I just want no further requests for time, and I mation on their service contracts with each to express my thanks to the gentleman yield back the balance of my time. other. for his assurances that he will give this Mr. SHUSTER. Mr. Speaker, I yield Mr. Speaker, I must say that I am very dis- problem continuing attention. I will be myself such time as I may consume. appointed that an amendment to S. 414 has very interested in his performance. I In closing, I would simply emphasize been added that eliminates a Senate provision am very grateful for his understanding. that this bill has the support of NIT that would have granted merchant mariners Mr. GILCHREST. Mr. Speaker, I league, the shippers who use the ocean- who served during World War II the same bur- thank the chairman of the Committee going vessels, of the AFL–CIO, labor, ial benefits as other veterans from that war. on the Judiciary, and I thank the gen- and of the administration, and it is a Merchant Mariners suffered the second high- tleman for yielding me the time. big step in the right direction. It does est casualty rate of any service during the Mr. CLEMENT. Mr. Speaker, I yield 2 not solve all of the problems, but cer- war, second only to the Marine Corps. The minutes to the gentleman from New tainly moves in the right direction. convoys of ships they operated were the life- Jersey (Mr. MENENDEZ), my friend. I would urge passage of this impor- line to England and enabled our forces to free Mr. MENENDEZ. Mr. Speaker, I want tant legislation. Europe. The provisions in the bill were but a to thank the distinguished gentleman Mr. OBERSTAR. Mr. Speaker, I rise in sup- small way of our nation telling these gallant for yielding me the time. port of S. 414, the Ocean Shipping Reform men thanks. The benefits that would have As a representative of one of the Na- Act of 1997. This bill is the culmination of a been provided for in the Senate passed bill tion’s largest ports in the Ports of Eliz- process that began in the Transportation Com- would have been a small part of the benefits abeth and Newark within the context mittee last Congress with House passage of provided for by H.R. 1126, which currently has of the Port of New York, I had opposed the Ocean Shipping Reform Act of 1995. That over 310 cosponsors. ocean shipping before in the last Con- bill, H.R. 2149, would have drastically And why was this section deleted? Be- gress, but I rise in support of S. 414, the changed the way international common car- cause, the gentleman from Arizona, Mr. Ocean Shipping Reform Act of 1998. riage by water is regulated. I was very con- STUMP, the Chairman of the Veterans Affairs I do want to express, however, some cerned about that bill because of the unre- Committee, refused to agree to scheduling S. concerns. We clearly should not under- stricted authority it gave conferences or cartels 414 for the House floor with the merchant estimate the importance of this topic. to enter into confidential contracts. mariners benefits provisions included, unless Ocean shipping is the very means that The approach contained in S. 414 is much his bill, H.R. 3211, restricting who can be bur- our Nation trades with the world. more balanced. That is why it is supported by ied in Arlington National Cemetery was Ocean-going vessels move more than 95 vessel operators, manufacturers, ports, sea- passed by the Senate. Why won't the Senate percent of all the international trade, going labor, and shoreside labor. consider his bill? Because it does not allow for and small businesses account for the Enactment of S. 414 will allow individual heroes like Officer John Gibson to be buried majority of all export and import carriers and conferences to enter into more in Arlington National Cemetery under a waiver trade. confidential contracts than they are allowed process. The gentleman from Arizona opposes Unfortunately, small business did not today. However, they must continue to dis- burial of national heroes such as Officer Gib- end up being part of this compromise close with the Federal Maritime Commission son in Arlington Cemetery and does not want which produced the current version. In the commodity, volume, origin and destination U.S. merchant mariners who served their my district, small businesses have port ranges, and contract duration. Similarly, country during World War II buried in any na- made it clear to me that S. 414 is not carriers and conferences will no longer have tional cemetery, even though 310 members of perfect. While S. 414 is an attempt to to file tariffs with the Commission, but they this body disagree with him. I believe this is introduce more competition, and that must make their tariffs publicly available elec- terribly wrong and that the Republican leader- is good, in the ocean-shipping industry, tronically, such as through the internet. ship should not prevent all of these people freight forwarders, nonvessel operating S. 414 prohibits conferences from requiring who served our country from being buried in common carriers, shipper associations its individual members to disclose their service our national cemeteries simply because one and independently owned businesses, contract terms and prohibits conferences from Member is opposed. all important and vital elements in the restricting in any way the ability to their mem- Mr. Speaker, on balance, I believe that S. international ocean-borne commerce bers to enter into service contracts with ship- 414 is a good bill. Our Committee is going to community, have reservations about pers. Along with this, S. 414 will allow individ- continue its oversight of international shipping the bill. ual carriers to act independently of the con- to ensure that there is fair competition and I have sincere concerns for the many ferences with notice of 5 calendar days, in- that the needs of U.S. exporters are being ocean freight forwarders and NVOCCs stead of the current 10 business days. met. Therefore, I urge my colleagues to sup- that are active in New Jersey. I want Mr. Speaker, the changes made by S. 414 port passage of S. 414, the Ocean Shipping to reiterate the thoughts of my Demo- will profoundly change international shipping Reform Act of 1997. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7019 Mr. FAWELL. Mr. Speaker, I rise today to mission established training camps around the unlikely to seek VA health care. Nonetheless, express my concern about S. 414, the Ocean country under the direct supervision of the the Merchant Mariners of World War II will re- Shipping Reform Act of 1998. I have always Coast Guard. After completing basic training, ceive the long-overdue thanks from the nation supported deregulation, because I believe the which included both small arms and cannon they served faithfully and courageously. The free market is the best way to receive goods proficiency, seamen became active members Merchant Mariners Fairness Act would correct and services at the best price. Unfortunately, of the U.S. Merchant Marine. These seamen, this erroneous administrative decision by mak- S. 414 does not fully deregulate the ocean often at great personal risk, helped deliver ing the service eligibility period for World War shipping industry. This bill has the potential to troops and war supplies needed for every Al- II Merchant Mariners identical to that estab- benefit only the large shipping companies at lied invasion site from Guadalcanal to Omaha lished for others. the expense of small and medium-size export- Beach. I have heard from the merchant mari- As of yesterday, H.R. 1126 has been co- ers, importers, and freight intermediaries. ners who were responsible in 1946 for trans- sponsored by 310 Members of the House. Under a 1916 law, all steamship companies porting tons of German mustard and other poi- Clearly, there is widespread and bipartisan are granted ``antitrust immunity,'' thereby ex- sonous gas containers from Europe to the San support for H.R. 1126 and an overwhelming empting them from compliance with the Sher- Jacinto ordinance base in Texas. majority of the House agree with me on grant- man Antitrust Act. As a result, steamship com- More than 6,500 Merchant Mariners who ing veteran status to this select group of Mer- panies have historically grouped together in served our country during World War II gave chant Mariners of World War II. Unfortunately, what are known as ``conferences'' to consider, the ultimate sacrifice of their lives, including 37 the House has not yet taken action on the establish, and enforce collective transportation who died as prisoners of war, and almost Merchant Mariners Fairness Act. rates. This situation puts the shipping public at 5,000 World War II Merchant Mariners remain It has been more than than a half century a disadvantage. officially missing and are presumed dead. In since the end of World War II. How much To counterbalance the antitrust exemption, addition, 733 U.S. Merchant ships were de- longer must these aging Merchant Mariners, all charges and rates are ``transparent''Ðmade stroyed. Even after the surrender of Japan, who are the forgotten partriots of World War II, available to the public, to ensure that there is members of our Merchant Marine fleet were in wait for their service to our Nation to be prop- no discrimination against small business and mortal danger as they continued to support erly and fully honored and acknowledged? even the government. the war effort by entering mined harbors to As approved by the other body, S. 414, the S. 414, however, would give steamship con- transport our troops safely home. After the war Ocean Shipping Reform Act of 1998, con- ferences the ability to negotiate contracts in a ended, they carried food and medicine to mil- tained an important provision granting veteran confidential environment. These ``secret'' con- lions of the world's starving people. status and limited veteran's benefits to a se- tracts could very well allow the conferences to In spite of the illustrious service of the World lect group of World War II merchant mariners. provide lower costs to large shippers at the War II U.S. Merchant Marine, the Secretary of With the number of days remaining in the expense of small businesses and the U.S. the Air Force, Edward Aldridge, inexplicably 105th Congress rapidly dwindling, enactment government, which purchases about $1 billion and erroneously made the decision in 1988 to of S. 414 as approved by the other body, of ocean transportation per year. If S. 414 be- define the dates for World War II service dif- would have properly provided the long over- comes law, there will be no way of determin- ferently for Merchant Marines than for those due recognition to the Merchant Mariners who ing what the private sector is paying to trans- who served in the other American forces. The bravely served our Nation during the final days port goods. As a result, steamship companies effect of this decision was to deny veteran sta- of World War II by granting veteran status and could force the government, along with small tus to those mariners who served between the limited veterans' benefits. At long last, our Na- businesses, to subsidize the lower rates ex- dates of August 15, 1945 and December 31, tion would have appropriately acknowledged tended secretly to these large shippers. 1946, the official end of World War II. their sacrifice and service to our Nation during I do not oppose shipping deregulation, as It is important to remember that during the wartime. I regret, however, that the provisions con- long as it is done for the benefit of large as time period addressed by this bill, August 15, tained in S. 414 bestowing veterans' status to well as small shippers. S. 414 in its current 1945 through December 31, 1946, 12 U.S. those mariners, who served between the form creates inequalities that could easily Flag Merchant Vessels were lost or damaged dates of August 15, 1945 and the official end drive small shipping companies and shipping as a result of striking mines, and some of the of World War II, have been deleted from this intermediaries out of business. This bill should Merchant Mariners serving on these vessels legislation being considered by the House. As be considered before a House committee and were killed or injured. Fully understanding the a result of striking these provisions from S. brought back to the House after these inequi- tremendous risks they faced, mariners none- 414, those mariners who served between the ties are resolved and S. 414 benefits all ship- theless willingly went into mined harbors so dates of August 15, 1945 and December 31, pers. that they could bring our American troops 1946, will be required to wait even longer to Mr. EVANS. Mr. Speaker, during World War home to their families and friends. I believe receive the veterans status which I strongly II thousands of young men volunteered for these courageous Merchant Mariners, who believe they have earned and are due. service in the United States Merchant Marine. were subject to the risks and dangers of war On a more positive note, I am very pleased Many of these mariners were recruited specifi- between V±J Day and the official end of the to report that the Chairman of the House cally to staff ships under the control and direc- war, have been wrongfully denied veteran sta- Committee on Veterans Affairs has pledged to tion of the United States Government to assist tus. They faced the very real hazards of war- work for Congressional approval of legislation the U.S. war effort. These seamen were sub- time hostile actions and should not be denied granting veteran status and limited veterans' ject to government control, their vessels were the status of veteran of purposes of laws ad- benefits to those mariners who served be- controlled by the government under the au- ministered by the Department of Veterans Af- tween the dates of August 15, 1945 and De- thority of the War Shipping Administration and, fairs because their seagoing contributions cember 31, 1946, before the end of the 105th like branches of military service, they traveled began after August 15, 1945. Congress. I welcome this commitment from under sealed orders and were subject to the In recognition of the service rendered and Chairman Stump and based on his pledge I Code of Military Justice. dangers faced by those mariners who served look forward to the approval of this legislation Some volunteers joined the Merchant Ma- during the period of August 15, 1945 through before the adjournment of the 105th Congress rines because their youthful age or minor December 31, 1946, on March 19, 1997, I in- sine die. physical problems, such as poor eyesight, troduced the Merchant Mariner Fairness Act Mr. SHUSTER. Mr. Speaker, I yield made them ineligible for service in the Army, (H.R. 1126). H.R. 1126 will finally provide ap- back the balance of my time. Navy, or Marine Corps. Others were encour- propriate recognition: veteran status for a few The SPEAKER pro tempore (Mr. aged by military recruiters to volunteer for thousand World War II American Merchant DICKEY). The question is on the motion service in the Merchant Marines because the Mariners. While this status will enable them to offered by the gentleman from Penn- recruiter recognized that the special skills of- be eligible for veterans' benefits, it is likely that sylvania (Mr. SHUSTER) that the House fered by the volunteer could best be put to the only benefit most will receive is proper rec- suspend the rules and pass the Senate use for our country by service in the Merchant ognition of their contributions to the war effort bill, S. 414, as amended. Marines. Most importantly, all were motivated and the right to a veterans' funeral. The mer- The question was taken; and (two- by their deep love of country and personal chant mariners who would be granted veteran thirds having voted in favor thereof) sense of patriotism to contribute to the war ef- status by this bill are aging. They will not qual- the rules were suspended and the Sen- fort. ify for educational benefits. As Medicare bene- ate bill, as amended, was passed. In order to staff our growing merchant fleet ficiaries, most already have long standing rela- A motion to reconsider was laid on during World War II, the U.S. Maritime Com- tionships with their medical providers and are the table. H7020 CONGRESSIONAL RECORD — HOUSE August 4, 1998 GENERAL LEAVE Sec. 502. Records of employment of pilot ap- SEC. 2. AMENDMENTS TO TITLE 49, UNITED plicants. STATES CODE. Mr. SHUSTER. Mr. Speaker, I ask Sec. 503. Whistleblower protection for FAA Except as otherwise specifically provided, unanimous consent that all Members employees. whenever in this Act an amendment or re- may have 5 legislative days in which to Sec. 504. Safety risk mitigation programs. peal is expressed in terms of an amendment revise and extend their remarks on S. Sec. 505. Flight operations quality assurance to, or repeal of, a section or other provision 414, the Senate bill just passed. rules. of law, the reference shall be considered to The SPEAKER pro tempore. Is there Sec. 506. Small airport certification. be made to a section or other provision of Sec. 507. Marking of life limited aircraft objection to the request of the gen- title 49, United States Code. parts. SEC. 3. APPLICABILITY. tleman from Pennsylvania? TITLE VI—WHISTLEBLOWER There was no objection. (a) IN GENERAL.—Except as otherwise spe- PROTECTION cifically provided, this Act and the amend- f Sec. 601. Protection of employees providing ments made by this Act apply only to fiscal AIRPORT IMPROVEMENT PRO- air safety information. years beginning after September 30, 1998. GRAM REAUTHORIZATION ACT Sec. 602. Civil penalty. (b) LIMITATION ON STATUTORY CONSTRUC- OF 1998 TITLE VII—CENTENNIAL OF FLIGHT TION.—Nothing in this Act or any amend- COMMISSION ment made by this Act shall be construed as Mr. SHUSTER. Mr. Speaker, I move Sec. 701. Short title. affecting funds made available for a fiscal to suspend the rules and pass the bill Sec. 702. Findings. year ending before October 1, 1998. (H.R. 4057) to amend title 49, United Sec. 703. Establishment. SEC. 4. ADMINISTRATOR DEFINED. States Code, to reauthorize programs Sec. 704. Membership. In this Act, the term ‘‘Administrator’’ of the Federal Aviation Administra- Sec. 705. Duties. means the Administrator of the Federal Sec. 706. Powers. Aviation Administration. tion, and for other purposes, as amend- Sec. 707. Staff and support services. ed. Sec. 708. Contributions. TITLE I—AIRPORT AND AIRWAY The Clerk read as follows: Sec. 709. Exclusive right to name, logos, em- IMPROVEMENTS H.R. 4057 blems, seals, and marks. SEC. 101. AIRPORT IMPROVEMENT PROGRAM. Sec. 710. Reports. (a) AUTHORIZATION OF APPROPRIATIONS.— Be it enacted by the Senate and House of Rep- Sec. 711. Audit of financial transactions. Section 48103 is amended— resentatives of the United States of America in Sec. 712. Advisory Board. (1) by striking ‘‘September 30, 1996’’ and in- Congress assembled, Sec. 713. Definitions. serting ‘‘September 30, 1998’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 714. Termination. (2) by striking ‘‘$2,280,000,000’’ and all that (a) SHORT TITLE.—This Act may be cited as Sec. 715. Authorization of appropriations. follows through the period at the end and in- the ‘‘Airport Improvement Program Reau- TITLE VIII—MISCELLANEOUS serting the following: ‘‘$2,347,000,000 for fiscal thorization Act of 1998’’. PROVISIONS years ending before October 1, 1999.’’. (b) TABLE OF CONTENTS.— Sec. 801. Clarification of regulatory ap- (b) OBLIGATIONAL AUTHORITY.—Section Sec. 1. Short title; table of contents. proval process. 47104(c) is amended by striking ‘‘1998’’ and in- Sec. 2. Amendments to title 49, United Sec. 802. Duties and powers of Adminis- serting ‘‘1999’’. States Code. trator. SEC. 102. AIRWAY FACILITIES IMPROVEMENT Sec. 3. Applicability. Sec. 803. Prohibition on release of offeror PROGRAM. Sec. 4. Administrator defined. proposals. (a) GENERAL AUTHORIZATION AND APPRO- TITLE I—AIRPORT AND AIRWAY Sec. 804. Multiyear procurement contracts. PRIATIONS.—Section 48101(a) is amended by IMPROVEMENTS Sec. 805. Federal Aviation Administration adding at the end the following: Sec. 101. Airport improvement program. personnel management system. ‘‘(3) $2,131,000,000 for fiscal year 1999.’’. Sec. 806. General facilities and personnel au- Sec. 102. Airway facilities improvement pro- (b) UNIVERSAL ACCESS SYSTEMS.—Section gram. thority. 48101 is amended by adding at the end the Sec. 807. Implementation of article 83 bis of Sec. 103. FAA operations. following: the Chicago Convention. Sec. 104. AIP formula changes. ‘‘(d) UNIVERSAL ACCESS SYSTEMS.—Of the Sec. 808. Public availability of airmen Sec. 105. Grants from small airport fund. amounts appropriated under subsection (a) records. Sec. 106. Innovative use of airport grant for fiscal year 1999, $8,000,000 may be used for funds. Sec. 809. Government and industry consor- tia. the voluntary purchase and installation of Sec. 107. Airport security program. universal access systems.’’. Sec. 108. Matching share for State block Sec. 810. Passenger manifest. Sec. 811. Cost recovery for foreign aviation SEC. 103. FAA OPERATIONS. grant program. services. (a) AUTHORIZATION OF APPROPRIATIONS Sec. 109. Treatment of certain facilities as Sec. 812. Technical corrections to civil pen- FROM GENERAL FUND.—Section 106(k) is airport-related projects. alty provisions. amended— Sec. 110. Terminal development costs. Sec. 813. Enhanced vision technologies. (1) by inserting ‘‘(1) IN GENERAL.—’’ before Sec. 111. Conveyances of surplus property Sec. 814. Foreign carriers eligible for waiver ‘‘There’’; for public airports. under Airport Noise and Capac- Sec. 112. Construction of runways. (2) in paragraph (1) (as so designated) by ity Act. Sec. 113. Potomac Metroplex terminal radar striking ‘‘$5,158,000,000’’ and all that follows Sec. 815. Typographical errors. approach control facility. through the period at the end and inserting Sec. 816. Acquisition management system. the following: ‘‘$5,632,000,000 for fiscal year Sec. 114. General facilities authority. Sec. 817. Independent validation of FAA Sec. 115. Transportation assistance for 1999.’’; costs and allocations. (3) by adding at the end the following: Olympic cities. Sec. 818. Elimination of backlog of equal Sec. 116. Denial of airport access to certain ‘‘(2) AUTHORIZED EXPENDITURES.—Of the employment opportunity com- amounts appropriated under paragraph (1) air carriers. plaints. Sec. 117. Period of applicability of amend- for fiscal year 1999— Sec. 819. Newport News, Virginia. ‘‘(A) $450,000 may be used for wildlife haz- ments. Sec. 820. Grant of easement, Los Angeles, Sec. 118. Technical amendments. ard mitigation measures and management of California. the wildlife strike database of the Federal TITLE II—CONTRACT TOWER PROGRAM Sec. 821. Regulation of Alaska air guides. Aviation Administration; Sec. 822. Public aircraft defined. Sec. 201. Contract towers. ‘‘(B) such sums as may be necessary may TITLE III—FAMILY ASSISTANCE TITLE IX—NATIONAL PARKS AIR TOUR be used to fund an office within the Federal MANAGEMENT Sec. 301. Responsibilities of National Trans- Aviation Administration dedicated to sup- portation Safety Board. Sec. 901. Short title. porting infrastructure systems development Sec. 302. Air carrier plans. Sec. 902. Findings. for both general aviation and the vertical Sec. 303. Foreign air carrier plans. Sec. 903. Air tour management plans for na- flight industry; Sec. 304. Applicability of Death on the High tional parks. ‘‘(C) such sums as may be necessary may Seas Act. Sec. 904. Advisory group. be used to revise existing terminal and en Sec. 905. Reports. route procedures and instrument flight rules TITLE IV—WAR RISK INSURANCE Sec. 906. Exemptions. PROGRAM to facilitate the takeoff, flight, and landing Sec. 907. Definitions. of tiltrotor aircraft and to improve the na- Sec. 401. Aviation insurance program TITLE X—EXTENSION OF AIRPORT AND tional airspace system by separating such amendments. AIRWAY TRUST FUND EXPENDITURE aircraft from congested flight paths of fixed- TITLE V—SAFETY AUTHORITY wing aircraft; and Sec. 501. Cargo collision avoidance systems Sec. 1001. Extension of expenditure author- ‘‘(D) $3,000,000 may be used to establish a deadline. ity. prototype helicopter infrastructure using August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7021

current technologies (such as the Global Po- (g) SUPPLEMENTAL APPORTIONMENT FOR $15,000,000 or 20 percent of the amounts dis- sitioning System) to support all-weather, ALASKA.—Section 47114(e) is amended— tributed to sponsors of airports under sub- emergency medical service for trauma pa- (1) in the subsection heading by striking section (b)(2) shall be used to assist the air- tients.’’; and ‘‘ALTERNATIVE’’ and inserting ‘‘SUPPLE- ports in meeting the terms established by (4) by indenting paragraph (1) (as des- MENTAL’’; the regulations. If the Secretary publishes in ignated by paragraph (1) of this subsection) (2) in paragraph (1)— the Federal Register a finding that all the and aligning such paragraph (1) with para- (A) by striking ‘‘Instead of apportioning terms established by the regulations have graph (2) (as added by paragraph (2) of this amounts for airports in Alaska under’’ and been met, this subsection shall cease to be subsection). inserting ‘‘IN GENERAL.—Notwithstanding’’; effective as of the date of such publication.’’. (b) AUTHORIZATION OF APPROPRIATIONS and (b) NOTIFICATION OF SOURCE OF GRANT.— FROM TRUST FUND.—Section 48104 is amend- (B) by striking ‘‘those airports’’ and insert- Section 47116 is further amended by adding ed— ing ‘‘airports in Alaska’’; at the end the following: (1) by striking subsection (b) and redesig- (3) in paragraph (2) by inserting ‘‘AUTHOR- ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.— nating subsection (c) as subsection (b); ITY FOR DISCRETIONARY GRANTS.—’’ before Whenever the Secretary makes a grant under (2) in subsection (b), as so redesignated— ‘‘This subsection’’; this section, the Secretary shall notify the (A) in the subsection heading by striking (4) by striking paragraph (3) and inserting recipient of the grant, in writing, that the ‘‘FISCAL YEARS 1994–1998’’ and inserting ‘‘FIS- the following: source of the grant is from the small airport CAL YEAR 1999’’; and ‘‘(3) AIRPORTS ELIGIBLE FOR FUNDS.—An fund.’’. (B) in the matter preceding paragraph (1) amount apportioned under this subsection SEC. 106. INNOVATIVE USE OF AIRPORT GRANT by striking ‘‘each of fiscal years 1994 through may be used for any public airport in Alas- FUNDS. 1998’’ and inserting ‘‘fiscal year 1999’’. ka.’’; (a) IN GENERAL.—Subchapter I of chapter (c) LIMITATION ON OBLIGATING OR EXPEND- (5) by indenting paragraph (1) and aligning 471 is amended by adding at the end the fol- ING AMOUNTS.—Section 48108(c) is amended it and paragraph (2) with paragraph (3) (as lowing: by striking ‘‘1998’’ and inserting ‘‘1999’’. amended by paragraph (4) of this subsection). ‘‘§ 47135. Innovative financing techniques (h) REPEAL OF APPORTIONMENT LIMITATION SEC. 104. AIP FORMULA CHANGES. ‘‘(a) IN GENERAL.—The Secretary of Trans- ON COMMERCIAL SERVICE AIRPORTS IN ALAS- (a) DISCRETIONARY FUND.—Section 47115 is portation may approve applications under KA.—Section 47117 is amended by striking amended— this subchapter for not more than 20 projects subsection (f) and by redesignating sub- (1) by striking subsection (g); for which grants made under this subchapter sections (g) and (h) as subsections (f) and (g), (2) by redesignating subsection (h) as sub- may be used to implement innovative financ- respectively. section (g); and ing techniques. (i) DESIGNATING CURRENT AND FORMER (3) by inserting before the period at the end ‘‘(b) PURPOSE.—The purpose of implement- MILITARY AIRPORTS.—Section 47118 is amend- of subsection (g) (as so redesignated) the fol- ing innovative financing techniques under ed— lowing: ‘‘with funds made available under this section shall be to provide information (1) in subsection (a) by striking ‘‘12’’ and this section and, if such funds are not suffi- on the benefits and difficulties of using such inserting ‘‘15’’; cient, with funds made available under sec- techniques for airport development projects. (2) by striking subsection (c) and redesig- tions 47114(c)(1)(A), 47114(c)(2), 47114(d), and ‘‘(c) LIMITATION.—In no case shall the im- 47117(e) on a pro rata basis’’. nating subsections (d) through (f) as sub- plementation of an innovative financing (b) AMOUNTS APPORTIONED TO SPONSORS.— sections (c) through (e), respectively; technique under this section be used in a Section 47114(c)(1) is amended— (3) in subsection (c), as so redesignated, by manner giving rise to a direct or indirect (1) in subparagraph (A)(v) by inserting striking ‘‘47117(e)(1)(E)’’ and inserting guarantee of any airport debt instrument by ‘‘subject to subparagraph (C),’’ before ‘‘$.50’’; ‘‘47117(e)(1)(B)’’; and the United States Government. (4) by adding at the end the following: and ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- ‘‘(f) DESIGNATION OF GENERAL AVIATION (2) by adding at the end the following: FINED.—In this section, the term ‘innovative ‘‘(C) The amount to be apportioned for a AIRPORT.—Notwithstanding any other provi- financing technique’ is limited to— fiscal year for a passenger described in sub- sion of this section, at least 1 of the airports ‘‘(1) payment of interest; paragraph (A)(v) shall be reduced to $.40 if designated under subsection (a) shall be a ‘‘(2) commercial bond insurance and other the total amount made available under sec- general aviation airport that is a former credit enhancement associated with airport tion 48103 for such fiscal year is less than military installation closed or realigned bonds for eligible airport development; and $1,350,000,000.’’. under a law described in subsection (a)(1).’’. ‘‘(3) flexible non-Federal matching require- (c) ENTITLEMENT FOR GENERAL AVIATION (j) ELIGIBILITY OF RUNWAY INCURSION PRE- ments.’’. VENTION DEVICES.— AIRPORTS.—Section 47114(d)(2) is amended— (b) CONFORMING AMENDMENT.—The analysis (1) in the matter preceding subparagraph (1) POLICY.—Section 47101(a)(11) is amended for subchapter 1 of chapter 471 is amended by (A) by striking ‘‘18.5 percent’’ and inserting by inserting ‘‘(including integrated in-pave- adding at the end the following: ment lighting systems for runways and ‘‘20 percent’’; ‘‘47135. Innovative financing techniques.’’. (2) in subparagraph (A) by striking ‘‘0.66’’ taxiways and other runway and taxiway in- SEC. 107. AIRPORT SECURITY PROGRAM. and inserting ‘‘0.62; and cursion prevention devices)’’ after ‘‘activi- (a) IN GENERAL.—Chapter 471 (as amended (3) in each of subparagraphs (B) and (C) by ties’’. by section 106 of this Act) is amended by add- striking ‘‘49.67’’ and inserting ‘‘49.69’’. (2) MAXIMUM USE OF SAFETY FACILITIES.— ing the following new section: (d) USE OF APPORTIONMENTS FOR ALASKA, Section 47101(f) is amended— PUERTO RICO, AND HAWAII.—Section (A) by striking ‘‘and’’ at the end of para- ‘‘§ 47136. Airport security program 47114(d)(3) is amended to read as follows: graph (9); and ‘‘(a) GENERAL AUTHORITY.—To improve se- ‘‘(3) SPECIAL RULE.—An amount appor- (B) by striking the period at the end of curity at public airports in the United tioned under paragraph (2) of this subsection paragraph (10) and inserting ‘‘; and’’; and States, the Secretary of Transportation shall for airports in Alaska, Puerto Rico, or Ha- (C) by adding at the end the following: carry out not less than 1 project to test and waii may be made available by the Secretary ‘‘(11) runway and taxiway incursion pre- evaluate innovative airport security systems for any public airport in those respective ju- vention devices, including integrated in- and related technology. risdictions.’’. pavement lighting systems for runways and ‘‘(b) PRIORITY.—In carrying out this sec- (e) USE OF STATE-APPORTIONED FUNDS FOR taxiways.’’. tion, the Secretary shall give the highest SYSTEM PLANNING.—Section 47114(d) is fur- (3) AIRPORT DEVELOPMENT DEFINED.—Sec- priority to a request from an eligible sponsor ther amended by adding at the end the fol- tion 47102(3)(B)(ii) is amended by inserting for a grant to undertake a project that— lowing: ‘‘and including integrated in-pavement light- ‘‘(1) evaluates and tests the benefits of in- ‘‘(4) INTEGRATED AIRPORT SYSTEM PLAN- ing systems for runways and taxiways and novative airport security systems or related NING.—Notwithstanding paragraph (2), funds other runway and taxiway incursion preven- technology, including explosives detection made available under this subsection may be tion devices’’ before the semicolon at the systems, for the purpose of improving air- used for integrated airport system planning end. port and aircraft physical security and ac- that encompasses 1 or more primary air- SEC. 105. GRANTS FROM SMALL AIRPORT FUND. cess control; and ports.’’. (a) SET-ASIDE FOR MEETING SAFETY TERMS ‘‘(2) provides testing and evaluation of air- (f) GRANTS FOR AIRPORT NOISE COMPATIBIL- IN AIRPORT OPERATING CERTIFICATES.—Sec- port security systems and technology in an ITY PLANNING.—Section 47117(e)(1) is amend- tion 47116 is amended by adding at the end operational, test bed environment. ed— the following: ‘‘(c) MATCHING SHARE.—Notwithstanding (1) in subparagraph (A) by striking ‘‘31 per- ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS section 47109, the United States Govern- cent’’ each place it appears and inserting ‘‘33 IN AIRPORT OPERATING CERTIFICATES.—In the ment’s share of allowable project costs for a percent’’; and first fiscal year beginning after the effective project under this section is 100 percent. (2) in subparagraph (B) by striking ‘‘At date of regulations issued to carry out sec- ‘‘(d) TERMS AND CONDITIONS.—The Sec- least’’ and all that follows through ‘‘sponsors tion 44706(b) with respect to airports de- retary may establish such terms and condi- of current’’ and inserting ‘‘At least 4 percent scribed in section 44706(a)(2), and in each of tions as the Secretary determines appro- to sponsors of current’’. the next 4 fiscal years, the lesser of priate for carrying out a project under this H7022 CONGRESSIONAL RECORD — HOUSE August 4, 1998

section, including terms and conditions re- (b) NOTICE AND PUBLIC COMMENT; PUBLICA- ficial if the airspace is only partially rede- lating to the form and content of a proposal TION OF DECISIONS.—Section 47153(a) is signed. for a project, project assurances, and sched- amended— SEC. 114. GENERAL FACILITIES AUTHORITY. ule of payments. (1) in paragraph (1) by inserting ‘‘, after (a) CONTINUATION OF ILS INVENTORY PRO- ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this providing notice and an opportunity for pub- GRAM.—Section 44502(a)(4)(B) is amended— section, the term ‘eligible sponsor’ means a lic comment,’’ after ‘‘if the Secretary de- (1) by striking ‘‘each of fiscal years 1995 nonprofit corporation composed of a consor- cides’’; and and 1996’’ and inserting ‘‘fiscal year 1999’’; tium of public and private persons, including (2) by adding at the end the following: and a sponsor of a primary airport, with the nec- ‘‘(3) PUBLICATION OF DECISIONS.—The Sec- (2) by inserting ‘‘under new or existing essary engineering and technical expertise to retary shall publish in the Federal Register contracts’’ after ‘‘including acquisition’’. successfully conduct the testing and evalua- any decision to waive a term under para- (b) LORAN-C NAVIGATION FACILITIES.—Sec- tion of airport and aircraft related security graph (1) and the reasons for the decision.’’. tion 44502(a) is amended by adding at the end systems. (c) CONSIDERATIONS.—Section 47153 is the following: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— amended by adding at the end the following: ‘‘(5) MAINTENANCE AND UPGRADE OF LORAN- Of the amounts made available to the Sec- ‘‘(c) CONSIDERATIONS.—In deciding whether C NAVIGATION FACILITIES.—The Secretary retary under section 47115 in a fiscal year, to waive a term required under section 47152 shall maintain and upgrade Loran-C naviga- the Secretary shall make available not less or add another term, the Secretary shall tion facilities throughout the transition pe- than $5,000,000 for the purpose of carrying consider the current and future needs of the riod to satellite-based navigation.’’. out this section.’’. users of the airport and the interests of the SEC. 115. TRANSPORTATION ASSISTANCE FOR (b) CONFORMING AMENDMENT.—The analysis owner of the property.’’. OLYMPIC CITIES. for subchapter 1 of such chapter is amended (d) REFERENCES TO GIFTS.—Chapter 471 is (a) PURPOSE.—The purpose of this section by adding at the end the following: amended— is to provide assistance and support to State ‘‘47136. Airport security program.’’. (1) in section 47151— and local efforts on aviation-related trans- SEC. 108. MATCHING SHARE FOR STATE BLOCK (A) in subsection (a)— portation issues necessary to obtain the na- GRANT PROGRAM. (i) in the matter preceding paragraph (1) by tional recognition and economic benefits of Section 47109(a) is amended— striking ‘‘give’’ and inserting ‘‘convey to’’; participation in the International Olympic, (1) by redesignating paragraphs (2) and (3) and Paralympic, and Special Olympics move- as paragraphs (3) and (4), respectively; (ii) in paragraph (2) by striking ‘‘gift’’ and ments by hosting international quadrennial (2) by inserting after paragraph (1) the fol- inserting ‘‘conveyance’’; Olympic events and Paralympic and Special lowing: (B) in subsection (b)— Olympic events in the United States. ‘‘(2) not more than 90 percent for a project (i) by striking ‘‘giving’’ and inserting ‘‘con- (b) AIRPORT DEVELOPMENT PROJECTS.— funded by a grant issued to and administered veying’’; and (1) AIRPORT DEVELOPMENT DEFINED.—Sec- by a State under section 47128, relating to (ii) by striking ‘‘gift’’ and inserting ‘‘con- tion 47102(3) is amended by adding at the end the State block grant program;’’; veyance’’; and the following: (3) by striking ‘‘and’’ at the end of para- (C) in subsection (c)— ‘‘(H) Developing, in coordination with graph (3) (as so redesignated); and (i) in the subsection heading by striking State and local transportation agencies, (4) by striking the period at the end of ‘‘GIVEN’’ and inserting ‘‘CONVEYED’’; and intermodal transportation plans necessary paragraph (4) (as so redesignated) and insert- (ii) by striking ‘‘given’’ and inserting ‘‘con- for Olympic-related projects at an airport.’’. ing ‘‘; and’’. veyed’’; (2) DISCRETIONARY GRANTS.—Section SEC. 109. TREATMENT OF CERTAIN FACILITIES (2) in section 47152— 47115(d) is amended— AS AIRPORT-RELATED PROJECTS. (A) in the section heading by striking (A) by striking ‘‘and’’ at the end of para- Section 40117 is amended by adding at the ‘‘gifts’’ and inserting ‘‘conveyances’’; and graph (5); end the following: (B) in the matter preceding paragraph (1) (B) by striking the period at the end of ‘‘(j) SHELL OF TERMINAL BUILDING AND AIR- by striking ‘‘gift’’ and inserting ‘‘convey- paragraph (6) and inserting ‘‘; and’’; and CRAFT FUELING FACILITIES.—In order to en- ance’’; (C) by adding at the end the following: able additional air service by an air carrier (3) in section 47153(a)(1)— ‘‘(7) the need for the project in order to with less than 50 percent of the scheduled (A) by striking ‘‘gift’’ each place it appears meet the unique demands of hosting inter- passenger traffic at an airport, the Secretary and inserting ‘‘conveyance’’; and national quadrennial Olympic events.’’. may consider the shell of a terminal building (B) by striking ‘‘given’’ and inserting ‘‘con- SEC. 116. DENIAL OF AIRPORT ACCESS TO CER- (including heating, ventilation, and air con- veyed’’; and TAIN AIR CARRIERS. ditioning) and aircraft fueling facilities adja- (4) in the analysis for such chapter by (a) IN GENERAL.—It shall not be considered cent to an airport terminal building to be an striking the item relating to section 47152 unreasonable or unjust discrimination or a eligible airport-related project under sub- and inserting the following: violation of section 47107 of title 49, United section (a)(3)(E).’’. States Code, for the owner or operator of an ‘‘47152. Terms of conveyances.’’. SEC. 110. TERMINAL DEVELOPMENT COSTS. airport described in (b) to deny access to any (a) REPAYING BORROWED MONEY.—Section SEC. 112. CONSTRUCTION OF RUNWAYS. air carrier that is conducting operations as a 47119(a) is amended— Notwithstanding any provision of law that public charter under part 380 of title 14, Code (1) in the matter preceding paragraph (1)— specifically restricts the number of runways of Federal Regulations, with aircraft de- (A) by striking ‘‘0.05’’ and inserting ‘‘0.25’’; at a single international airport, the Sec- signed to carry more than 9 passengers per and retary of Transportation may obligate funds flight. (B) by striking ‘‘between January 1, 1992, made available under chapters 471 and 481 of (b) COVERED AIRPORTS.—This section shall and October 31, 1992,’’ and inserting ‘‘between title 49, United States Code, for any project only apply to an airport that— August 1, 1986, and September 30, 1990, or be- to construct a new runway at such airport, (1) is designated as a reliever airport by tween June 1, 1991, and October 31, 1992,’’; unless this section is expressly repealed. the Administrator; and SEC. 113. POTOMAC METROPLEX TERMINAL (2) does not have an operating certificate (2) in paragraph (1)(B) by striking ‘‘an air- RADAR APPROACH CONTROL FACIL- issued under part 139 of title 14, Code of Fed- port development project outside the termi- ITY. eral Regulations; and nal area at that airport’’ and inserting ‘‘any (a) SITE SELECTION.—The Administrator (3) is located within 25 miles of an airport needed airport development project affecting may not select a site for, or begin construc- that has at least 0.05 percent of the total an- safety, security, or capacity’’. tion of, the Potomac Metroplex terminal nual boardings in the United States and has (b) NONHUB AIRPORTS.—Section 47119(c) is radar approach control facility before the current gate capacity to handle the demands amended by striking ‘‘0.05’’ and inserting 90th day after the Administrator transmits of the public charter operation. ‘‘0.25’’. to Congress a report on the relative costs (c) PUBLIC CHARTER DEFINED.—In this sec- SEC. 111. CONVEYANCES OF SURPLUS PROPERTY and benefits of constructing the facility on tion, the term ‘public charter’ means charter FOR PUBLIC AIRPORTS. land already owned by the United States, in- air transportation for which the general pub- (a) REQUESTS BY PUBLIC AGENCIES.—Sec- cluding land located outside the Washington, lic is provided in advance a schedule contain- tion 47151 is amended by adding at the end D.C., metropolitan area. ing the departure location, departure time, the following: (b) CONTENTS OF REPORT.—The report to be and arrival location of the flights. ‘‘(d) REQUESTS BY PUBLIC AGENCIES.—Ex- transmitted under subsection (a) shall in- SEC. 117. PERIOD OF APPLICABILITY OF AMEND- cept with respect to a request made by an- clude— MENTS. other department, agency, or instrumental- (1) a justification for the current construc- Effective September 29, 1998, section 125 of ity of the executive branch of the United tion plan, including the size and cost of the the Federal Aviation Reauthorization Act of States Government, such a department, consolidated facility; and 1996 (49 U.S.C. 47114 note; 110 Stat. 3220) is re- agency, or instrumentality shall give prior- (2) a complete risk analysis of the possibil- pealed. ity consideration to a request made by a ity that the redesigned airspace may not be SEC. 118. TECHNICAL AMENDMENTS. public agency (as defined in section 47102) for completed, or may be only partially com- (a) DISCRETIONARY FUND DEFINITION.— surplus property described in subsection (a) pleted, including an explanation of whether (1) AMOUNTS IN FUND AND AVAILABILITY.— for use at a public airport.’’. or not the consolidation will be cost bene- Section 47115 is amended— August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7023 (A) in subsection (a)(2) by striking ‘‘25’’ ‘‘(ii) Level I air traffic control towers of to the families of passengers involved in an and inserting ‘‘12.5’’; and the Federal Aviation Administration that aircraft accident.’’. (B) by striking the second sentence of sub- are closed as a result of the air traffic con- SEC. 302. AIR CARRIER PLANS. section (b). trollers strike in 1981. (a) CONTENTS OF PLANS.— (2) SMALL AIRPORT FUND.—Section 47116 is ‘‘(iii) Air traffic control towers that are lo- (1) FLIGHT RESERVATION INFORMATION.— amended— cated at airports that receive air service Section 41113(b) is amended by adding at the (A) in subsection (a) by striking ‘‘75’’ and from an air carrier that is receiving com- end the following: inserting ‘‘87.5’’; and pensation under the essential air service pro- ‘‘(14) An assurance that, upon request of (B) in subsection (b) by striking para- gram of subchapter II of chapter 417. the family of a passenger, the air carrier will graphs (1) and (2) and inserting the following: ‘‘(iv) Air traffic control towers located at inform the family of whether the passenger’s ‘‘(1) 1⁄7 for grants for projects at small hub airports that are prepared to assume respon- name appeared on a preliminary passenger airports (as defined in section 41731 of this sibility for tower construction and mainte- manifest for the flight involved in the acci- title). nance costs. dent.’’. ‘‘(2) The remaining amounts as follows: ‘‘(v) Air traffic control towers that are lo- (2) TRAINING OF EMPLOYEES AND AGENTS.— ‘‘(A) 1⁄3 for grants to sponsors of public-use cated at airports with safety or operational Section 41113(b) is further amended by add- airports (except commercial service air- problems related to topography, weather, ing at the end the following: ports). runway configuration, or mix of aircraft. ‘‘(15) An assurance that the air carrier will ‘‘(B) 2⁄3 for grants to sponsors of each com- ‘‘(C) COSTS EXCEEDING BENEFITS.—If the provide adequate training to the employees mercial service airport that each year has costs of operating a control tower under the and agents of the carrier to meet the needs less than .05 percent of the total boardings in program established under this paragraph of survivors and family members following the United States in that year.’’. exceed the benefits, the airport sponsor or an accident.’’. (b) CONTINUATION OF PROJECT FUNDING.— State or local government having jurisdic- (3) SUBMISSION OF UPDATED PLANS.—The Section 47108 is amended by adding at the tion over the airport shall pay the portion of amendments made by paragraphs (1) and (2) end the following: the costs that exceed such benefits. shall take effect on the 180th day following ‘‘(e) CHANGE IN AIRPORT STATUS.—In the ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— the date of enactment of this Act. On or be- event that the status of a primary airport There is authorized to be appropriated fore such 180th day, each air carrier holding changes to a nonprimary airport at a time $6,000,000 per fiscal year to carry out this a certificate of public convenience and neces- when a terminal development project under paragraph.’’. sity under section 41102 of title 49, United a multiyear agreement under subsection (a) TITLE III—FAMILY ASSISTANCE States Code, shall submit to the Secretary of is not yet completed, the project shall re- Transportation and the Chairman of the Na- main eligible for funding from discretionary SEC. 301. RESPONSIBILITIES OF NATIONAL TRANSPORTATION SAFETY BOARD. tional Transportation Safety Board an up- funds under section 47115 at the funding level (a) PROHIBITION ON UNSOLICITED COMMU- dated plan under section 41113 of such title and under the terms provided by the agree- NICATIONS.— that meets the requirement of the amend- ment, subject to the availability of funds.’’. (1) IN GENERAL.—Section 1136(g)(2) is ments made by paragraphs (1) and (2). (c) PASSENGER FACILITY FEE WAIVER FOR amended— (4) CONFORMING AMENDMENTS.—Section CERTAIN CLASS OF CARRIERS OR FOR SERVICE (A) by inserting after ‘‘transportation,’’ 41113 is amended— TO AIRPORTS IN ISOLATED COMMUNITIES.—Sec- the following: ‘‘and in a case involving a for- (A) in subsection (a) by striking ‘‘Not later tion 40117(i) is amended— than 6 months after the date of the enact- (1) by striking ‘‘and’’ at the end of para- eign air carrier and an accident that occurs within the United States,’’; ment of this section, each air carrier’’ and graph (1); inserting ‘‘Each air carrier’’; and (2) by striking the period at the end of (B) by inserting after ‘‘attorney’’ the fol- lowing: ‘‘(including any associate, agent, em- (B) in subsection (c) by striking ‘‘After the paragraph (2) and inserting ‘‘; and’’; and date that is 6 months after the date of the (3) by adding at the end the following: ployee, or other representative of the attor- ney)’’; and enactment of this section, the Secretary’’ ‘‘(3) may permit a public agency to request and inserting ‘‘The Secretary’’. that collection of a passenger facility fee be (C) by striking ‘‘30th day’’ and inserting ‘‘45th day’’. (b) LIMITATION ON LIABILITY.—Section waived for— 41113(d) is amended by inserting ‘‘, or in pro- ‘‘(A) passengers enplaned by any class of (2) ENFORCEMENT.—Section 1151 is amended by inserting ‘‘1136(g)(2),’’ before ‘‘or 1155(a)’’ viding information concerning a flight res- air carrier or foreign air carrier if the num- ervation,’’ before ‘‘pursuant to a plan’’. ber of passengers enplaned by the carrier in each place it appears. (b) PROHIBITION ON ACTIONS TO PREVENT (c) LIMITATION ON STATUTORY CONSTRUC- the class constitutes not more than 1 percent MENTAL HEALTH AND COUNSELING SERVICES.— TION.—Section 41113 is amended by adding at of the total number of passengers enplaned Section 1136(g) is amended by adding at the the end the following: annually at the airport at which the fee is end the following: ‘‘(f) LIMITATION ON STATUTORY CONSTRUC- imposed; or ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT TION.—Nothing in this section may be con- ‘‘(B) passengers enplaned on a flight to an MENTAL HEALTH AND COUNSELING SERVICES.— strued as limiting the actions that an air airport— No State or political subdivision may pre- carrier may take, or the obligations that an ‘‘(i) that has fewer than 2,500 passenger vent the employees, agents, or volunteers of air carrier may have, in providing assistance boardings each year; and an organization designated for an accident to the families of passengers involved in an ‘‘(ii) in a community which has a popu- under subsection (a)(2) from providing men- aircraft accident.’’. lation of less than 10,000 and is not connected tal health and counseling services under sub- SEC. 303. FOREIGN AIR CARRIER PLANS. by a land highway or vehicular way to the section (c)(1) in the 30-day period beginning (a) INCLUSION OF NON-REVENUE PASSENGERS land-connected National Highway System on the date of the accident. The director of IN FAMILY ASSISTANCE COVERAGE.—Section within a State.’’. family support services designated for the 41313(a)(2) is amended to read as follows: TITLE II—CONTRACT TOWER PROGRAM accident under subsection (a)(1) may extend ‘‘(2) PASSENGER.—The term ‘passenger’ has SEC. 201. CONTRACT TOWERS. such period for not to exceed an additional 30 the meaning given such term by section 1136 Section 47124(b) is amended by adding at days if the director determines that the ex- of this title.’’. the end the following: tension is necessary to meet the needs of the (b) ACCIDENTS FOR WHICH PLAN IS RE- ‘‘(3) NONQUALIFYING AIR TRAFFIC CONTROL families and if State and local authorities QUIRED.—Section 41313(b) is amended by TOWERS.— are notified of the determination.’’. striking ‘‘significant’’ and inserting ‘‘(A) IN GENERAL.—The Secretary shall es- (c) INCLUSION OF NON-REVENUE PASSENGERS ‘‘major’’. tablish a program to contract for air traffic IN FAMILY ASSISTANCE COVERAGE.—Section (c) CONTENTS OF PLANS.— control services at not more than 20 level I 1136(h)(2) is amended to read as follows: (1) IN GENERAL.—Section 41313(c) is amend- air traffic control towers, as defined by the ‘‘(2) PASSENGER.—The term ‘passenger’ in- ed by adding at the end the following: Administrator of the Federal Aviation Ad- cludes— ‘‘(15) An assurance that the foreign air car- ministration, that do not qualify for the pro- ‘‘(A) an employee of an air carrier or for- rier will provide adequate training to the gram established under subsection (a) and eign air carrier aboard an aircraft; and employees and agents of the carrier to meet continued under paragraph (1). ‘‘(B) any other person aboard the aircraft the needs of survivors and family members ‘‘(B) PRIORITY.—In selecting facilities to without regard to whether the person paid following an accident.’’. participate in the program under this para- for the transportation, occupied a seat, or (2) SUBMISSION OF UPDATED PLANS.—The graph, the Administrator shall give priority held a reservation for the flight.’’. amendment made by paragraph (1) shall take to the following: (d) LIMITATION ON STATUTORY CONSTRUC- effect on the 180th day following the date of ‘‘(i) Air traffic control towers that are par- TION.—Section 1136 is amended by adding at enactment of this Act. On or before such ticipating in the program continued under the end the following: 180th day, each foreign air carrier providing paragraph (1) but have been notified that ‘‘(i) LIMITATION ON STATUTORY CONSTRUC- foreign air transportation under chapter 413 they will be terminated from such program TION.—Nothing in this section may be con- of title 49, United States Code, shall submit because the Administrator has determined strued as limiting the actions that an air to the Secretary of Transportation and the that the benefit-to-cost ratio for their con- carrier may take, or the obligations that an Chairman of the National Transportation tinuation in such program is less than 1. air carrier may have, in providing assistance Safety Board an updated plan under section H7024 CONGRESSIONAL RECORD — HOUSE August 4, 1998

41313 of such title that meets the require- (3) in subsection (f)(14)(B) by inserting ‘‘or (c) CONFORMING AMENDMENT.—The analysis ment of the amendment made by paragraph from a foreign government or entity that for chapter 447 is amended by adding at the (1). employed the individual’’ after ‘‘exists’’. end the following: SEC. 304. APPLICABILITY OF DEATH ON THE SEC. 503. WHISTLEBLOWER PROTECTION FOR ‘‘44725. Marking of life limited aircraft HIGH SEAS ACT. FAA EMPLOYEES. parts.’’. (a) IN GENERAL.—Section 40120(a) is amend- Section 347(b)(1) of the Department of TITLE VI—WHISTLEBLOWER PROTECTION ed by inserting ‘‘(including the Act entitled Transportation and Related Agencies Appro- ‘An Act relating to the maintenance of ac- priations Act, 1996 (49 U.S.C. 106 note; 109 SEC. 601. PROTECTION OF EMPLOYEES PROVID- tions for death on the high seas and other Stat. 460) is amended by inserting before the ING AIR SAFETY INFORMATION. navigable waters’, approved March 30, 1920, semicolon at the end the following: ‘‘, includ- (a) GENERAL RULE.—Chapter 421 is amend- commonly known as the Death on the High ing the provisions for investigation and en- ed by adding at the end the following: Seas Act (46 U.S.C. App. 761–767; 41 Stat. 537– forcement as provided in chapter 12 of title 5, ‘‘SUBCHAPTER III—WHISTLEBLOWER 538))’’ after ‘‘United States’’. United States Code’’. PROTECTION PROGRAM (b) APPLICABILITY.—The amendment made SEC. 504. SAFETY RISK MITIGATION PROGRAMS. ‘‘§ 42121. Protection of employees providing by subsection (a) applies to civil actions Section 44701 (as amended by section 805 of air safety information commenced after the date of enactment of this Act) is amended by adding at the end this Act and to civil actions that are not ad- ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- the following: judicated by a court of original jurisdiction PLOYEES.—No air carrier or contractor or ‘‘(g) SAFETY RISK MANAGEMENT PROGRAM or settled on or before such date of enact- subcontractor of an air carrier may dis- GUIDELINES.—The Administrator shall issue ment. charge an employee or otherwise discrimi- guidelines and encourage the development of nate against an employee with respect to TITLE IV—WAR RISK INSURANCE air safety risk mitigation programs through- PROGRAM compensation, terms, conditions, or privi- out the aviation industry, including self-au- leges of employment because the employee SEC. 401. AVIATION INSURANCE PROGRAM dits and self-disclosure programs.’’. (or any person acting pursuant to a request AMENDMENTS. SEC. 505. FLIGHT OPERATIONS QUALITY ASSUR- of the employee)— (a) REIMBURSEMENT OF INSURED PARTY’S ANCE RULES. ‘‘(1) provided, caused to be provided, or is SUBROGEE.—Section 44309(a) is amended to Not later than 30 days after the date of en- about to provide or cause to be provided to read as follows: actment of this Act, the Administrator shall ‘‘(a) LOSSES.— the Federal Government information relat- issue a notice of proposed rulemaking to de- ing to air safety under this subtitle or any ‘‘(1) ACTIONS AGAINST UNITED STATES.—A velop procedures to protect air carriers and person may bring a civil action in a district other law of the United States; their employees from civil enforcement ac- ‘‘(2) has filed, caused to be filed, or is about court of the United States or in the United tions under the program known as Flight Op- States Court of Federal Claims against the to file or cause to be filed a proceeding relat- erations Quality Assurance. Not later than 1 ing to air carrier safety under this subtitle United States Government when— year after the last day of the period for pub- ‘‘(A) a loss insured under this chapter is in or any other law of the United States; lic comment provided for in the notice of ‘‘(3) testified or is about to testify in such dispute; or proposed rulemaking, the Administrator ‘‘(B)(i) the person is subrogated under a a proceeding; or shall issue a final rule establishing such pro- ‘‘(4) assisted or participated or is about to contract between the person and a party in- cedures. sured under this chapter (other than section assist or participate in such a proceeding. SEC. 506. SMALL AIRPORT CERTIFICATION. 44305(b)) to the rights of the insured party ‘‘(b) DEPARTMENT OF LABOR COMPLAINT Not later than 180 days after the date of against the United States Government; and PROCEDURE.— enactment of this Act, the Administrator ‘‘(ii) the person has paid to the insured ‘‘(1) FILING AND NOTIFICATION.—A person shall issue a notice of proposed rulemaking party, with the approval of the Secretary of who believes that he or she has been dis- on implementing section 44706(a)(2) of title Transportation, an amount for a physical charged or otherwise discriminated against 49, United States Code, relating to issuance damage loss that the Secretary has deter- by a person in violation of subsection (a) of airport operating certificates for small mined is a loss covered by insurance issued may, not later than 180 days after the date scheduled passenger air carrier operations. under this chapter (other than section on which such violation occurs, file (or have Not later than 1 year after the last day of 44305(b)). any person file on his or her behalf) a com- the period for public comment provided for ‘‘(2) LIMITATION.—A civil action involving plaint with the Secretary of Labor alleging in the notice of proposed rulemaking, the the same matter (except the action author- such discharge or discrimination. Upon re- Administrator shall issue a final rule on im- ized by this subsection) may not be brought ceipt of such a complaint, the Secretary of plementing such program. against an agent, officer, or employee of the Labor shall notify the person named in the Government carrying out this chapter. SEC. 507. MARKING OF LIFE LIMITED AIRCRAFT complaint and the Administrator of the Fed- PARTS. ‘‘(3) PROCEDURE.—To the extent applicable, eral Aviation Administration of the filing of (a) MARKING AUTHORITY.—Chapter 447 is the procedure in an action brought under the complaint, of the allegations contained amended by adding the following new sec- section 1346(a)(2) of title 28 applies to an ac- in the complaint, of the substance of evi- tion: tion under this subsection.’’. dence supporting the complaint, and of the (b) EXTENSION OF AVIATION INSURANCE PRO- ‘‘§ 44725. Marking of life limited aircraft parts opportunities that will be afforded to such GRAM.—Section 44310 of such title is amended ‘‘(a) IN GENERAL.—The Administrator of person under paragraph (2). by striking ‘‘1998’’ and inserting ‘‘2003’’. the Federal Aviation Administration shall ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— TITLE V—SAFETY conduct a rulemaking proceeding to deter- Not later than 60 days after the date of re- ceipt of a complaint filed under paragraph (1) SEC. 501. CARGO COLLISION AVOIDANCE SYS- mine the most effective way to permanently TEMS DEADLINE. mark all life limited civil aviation parts. In and after affording the person named in the (a) IN GENERAL.—The Administrator shall accordance with that determination, the Ad- complaint of an opportunity to submit to the require by regulation that, not later than ministrator shall issue a rule to require the Secretary of Labor a written response to the December 31, 2002, equipment be installed, on mandatory marking of all such parts that complaint and an opportunity to meet with each cargo aircraft with a payload capacity exceed their useful life. a representative of the Secretary to present of 15,000 kilograms or more, that provides ‘‘(b) DEADLINES.—In conducting the rule- statements from witnesses, the Secretary of protection from mid-air collisions and reso- making proceeding under subsection (a), the Labor shall conduct an investigation and de- lution advisory capability that is at least as Administrator shall— termine whether there is reasonable cause to good as is provided by the collision avoid- ‘‘(1) not later than 180 days after the date believe that the complaint has merit and no- ance system known as TCAS–II. of enactment of this section, issue a notice tify the complainant and the person alleged (b) EXTENSION OF DEADLINE.—The Adminis- of proposed rulemaking; and to have committed a violation of subsection trator may extend the deadline established ‘‘(2) not later than 120 days after the close (a) of the Secretary’s findings. If the Sec- by subsection (a) by not more than 1 year if of the comment period on the proposed rule, retary of Labor concludes that there is a rea- the Administrator finds that the extension issue a final rule.’’. sonable cause to believe that a violation of would promote safety. (b) CIVIL PENALTY.—Section 46301(a) is subsection (a) has occurred, the Secretary SEC. 502. RECORDS OF EMPLOYMENT OF PILOT amended— shall accompany the Secretary’s findings APPLICANTS. (1) in paragraph (1)(A) by striking ‘‘and with a preliminary order providing the relief Section 44936 is amended— 44719–44723’’ and inserting ‘‘, 44719–44723, and prescribed by paragraph (3)(B). Not later (1) in subsection (f)(1)(B) by inserting ‘‘(ex- 44725’’; and than 30 days after the date of notification of cept a branch of the United States Armed (2) in paragraph (3)— findings under this paragraph, either the per- Forces, the National Guard, or a reserve (A) in subparagraph (A) by striking ‘‘or’’ at son alleged to have committed the violation component of the United States Armed the end; or the complainant may file objections to Forces)’’ after ‘‘person’’ the first place it ap- (B) in subparagraph (B) by striking the pe- the findings or preliminary order, or both, pears; riod at the end and inserting ‘‘; or’’; and and request a hearing on the record. The fil- (2) in subsection (f)(1)(B)(ii) by striking (C) by adding at the end the following: ing of such objections shall not operate to ‘‘individual’’ and inserting ‘‘individual’s per- ‘‘(C) the failure to mark life limited air- stay any reinstatement remedy contained in formance as a pilot’’; and craft parts in accordance of section 44725.’’. the preliminary order. Such hearings shall August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7025 be conducted expeditiously. If a hearing is against the person to whom such order was (3) The Administrator of the National Aer- not requested in such 30-day period, the pre- issued to require compliance with such onautics and Space Administration (or the liminary order shall be deemed a final order order. The appropriate United States district designee of the Administrator). that is not subject to judicial review. court shall have jurisdiction, without regard (4) The chairman of the First Flight Cen- ‘‘(3) FINAL ORDER.— to the amount in controversy or the citizen- tennial Foundation of North Carolina (or the ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT ship of the parties, to enforce such order. designee of the chairman). AGREEMENTS.—Not later than 120 days after ‘‘(B) ATTORNEY FEES.—The court, in issuing (5) The chairman of the 2003 Committee of the date of conclusion of a hearing under any final order under this paragraph, may Ohio (or the designee of the chairman). paragraph (2), the Secretary of Labor shall award costs of litigation (including reason- (6) The president of the American Institute issue a final order providing the relief pre- able attorney and expert witness fees) to any of Aeronautics and Astronautics Foundation scribed by this paragraph or denying the party whenever the court determines such of Reston, Virginia (or the designee of the complaint. At any time before issuance of a award is appropriate. president). final order, a proceeding under this sub- ‘‘(c) MANDAMUS.—Any nondiscretionary (7) An individual of national stature who section may be terminated on the basis of a duty imposed by this section shall be en- shall be selected by the members of the Com- settlement agreement entered into by the forceable in a mandamus proceeding brought mission designated under paragraphs (1) Secretary of Labor, the complainant, and the under section 1361 of title 28. through (6). person alleged to have committed the viola- ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- (b) VACANCIES.—Any vacancy in the Com- tion. LATIONS.—Subsection (a) shall not apply with mission shall be filled in the same manner in ‘‘(B) REMEDY.—If, in response to a com- respect to an employee of an air carrier who, which the original designation was made. plaint filed under paragraph (1), the Sec- acting without direction from such air car- (c) COMPENSATION.— retary of Labor determines that a violation rier (or such air carrier’s agent), deliberately (1) PROHIBITION OF PAY.—Except as pro- of subsection (a) has occurred, the Secretary causes a violation of any requirement relat- vided in paragraph (2), members of the Com- of Labor shall order the person who commit- ing to air carrier safety under this subtitle mission shall serve without pay or com- ted such violation to— or any other law of the United States. pensation. ‘‘(i) take affirmative action to abate the ‘‘(e) CONTRACTOR DEFINED.—In this section, (2) TRAVEL EXPENSES.—The Commission violation; the term ‘contractor’ means a company that may adopt a policy for members of the Com- ‘‘(ii) reinstate the complainant to his or performs safety-sensitive functions by con- mission and related advisory panels to re- her former position together with the com- tract for an air carrier.’’. ceive travel expenses, including per diem in pensation (including back pay), terms, condi- (b) CONFORMING AMENDMENT.—The analysis lieu of subsistence. The policy may not ex- tions, and privileges associated with his or for such chapter is amended by adding at the ceed the levels established under sections her employment; and end the following: 5702 and 5703 of title 5, United States Code. ‘‘(iii) provide compensatory damages to ‘‘SUBCHAPTER III—WHISTLEBLOWER Members who are Federal employees shall the complainant. PROTECTION PROGRAM not receive travel expenses if otherwise re- If such an order is issued under this para- imbursed by the Federal Government. graph, the Secretary of Labor, at the request ‘‘42121. Protection of employees providing air safety information.’’. (d) QUORUM.—Three members of the Com- of the complainant, shall assess against the mission shall constitute a quorum. person against whom the order is issued a SEC. 602. CIVIL PENALTY. (e) CHAIRPERSON.—The Commission mem- sum equal to the aggregate amount of all Section 46301(a)(1)(A) is amended by strik- ber selected under subsection (a)(7) shall costs and expenses (including attorneys’ and ing ‘‘subchapter II of chapter 421’’ and insert- serve as Chairperson of the Commission. The expert witness fees) reasonably incurred, as ing ‘‘subchapter II or III of chapter 421’’. Chairperson may not vote on matters before determined by the Secretary of Labor, by the TITLE VII—CENTENNIAL OF FLIGHT the Commission except in the case of a tie complainant for, or in connection with, the COMMISSION vote. bringing of the complaint upon which the SEC. 701. SHORT TITLE. (f) ORGANIZATION.—Not later than 90 days order was issued. This title may be cited as the ‘‘Centennial after the date of enactment of this Act, the ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec- of Flight Commemoration Act’’. retary of Labor finds that a complaint under Commission shall meet and select a Chair- SEC. 702. FINDINGS. paragraph (1) is frivolous or has been person, Vice Chairperson, and Executive Di- Congress finds that— brought in bad faith, the Secretary of Labor rector. (1) December 17, 2003, is the 100th anniver- may award to the prevailing employer a rea- SEC. 705. DUTIES. sary of the first successful manned, free, con- sonable attorney’s fee not exceeding $5,000. (a) IN GENERAL.—The Commission shall— trolled, and sustained flight by a power-driv- ‘‘(4) REVIEW.— (1) represent the United States and take a en, heavier-than-air machine; ‘‘(A) APPEAL TO COURT OF APPEALS.—Any leadership role with other nations in rec- person adversely affected or aggrieved by an (2) the first flight by Orville and Wilbur ognizing the importance of aviation history order issued under paragraph (3) may obtain Wright represents the fulfillment of the age- in general and the centennial of powered review of the order in the United States old dream of flying; flight in particular, and promote participa- Court of Appeals for the circuit in which the (3) the airplane has dramatically changed tion by the United States in such activities; violation, with respect to which the order the course of transportation, commerce, (2) encourage and promote national and was issued, allegedly occurred or the circuit communication, and warfare throughout the international participation and sponsorships in which the complainant resided on the date world; in commemoration of the centennial of pow- of such violation. The petition for review (4) the achievement by the Wright brothers ered flight by persons and entities such as— must be filed not later than 60 days after the stands as a triumph of American ingenuity, (A) aerospace manufacturing companies; date of the issuance of the order of the Sec- inventiveness, and diligence in developing (B) aerospace-related military organiza- retary of Labor. Review shall conform to new technologies, and remains an inspiration tions; chapter 7 of title 5, United States Code. The for all Americans; (C) workers employed in aerospace-related commencement of proceedings under this (5) it is appropriate to remember and renew industries; subparagraph shall not, unless ordered by the legacy of the Wright brothers at a time (D) commercial aviation companies; the court, operate as a stay of the order. when the values of creativity and daring rep- (E) general aviation owners and pilots; ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— resented by the Wright brothers are critical (F) aerospace researchers, instructors, and An order of the Secretary of Labor with re- to the future of the Nation; and enthusiasts; spect to which review could have been ob- (6) as the Nation approaches the 100th an- (G) elementary, secondary, and higher edu- tained under subparagraph (A) shall not be niversary of powered flight, it is appropriate cational institutions; subject to judicial review in any criminal or to celebrate and commemorate the centen- (H) civil, patriotic, educational, sporting, other civil proceeding. nial year through local, national, and inter- arts, cultural, and historical organizations ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY national observances and activities. and technical societies; OF LABOR.—Whenever a person has failed to SEC. 703. ESTABLISHMENT. (I) aerospace-related museums; and comply with an order issued under paragraph There is established a commission to be (J) State and local governments; (3), the Secretary of Labor may file a civil known as the Centennial of Flight Commis- (3) plan and develop, in coordination with action in the United States district court for sion. the First Flight Centennial Commission, the the district in which the violation was found SEC. 704. MEMBERSHIP. First Flight Centennial Foundation of North to occur to enforce such order. In actions (a) NUMBER AND APPOINTMENT.—The Com- Carolina, and the 2003 Committee of Ohio, brought under this paragraph, the district mission shall be composed of 7 members as programs and activities that are appropriate courts shall have jurisdiction to grant all ap- follows: to commemorate the 100th anniversary of propriate relief including, but not limited to, (1) The Administrator of the Federal Avia- powered flight; injunctive relief and compensatory damages. tion Administration (or the designee of the (4) maintain, publish, and distribute a cal- ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— Administrator). endar or register of national and inter- ‘‘(A) COMMENCEMENT OF ACTION.—A person (2) The Director of the National Air and national programs and projects concerning, on whose behalf an order was issued under Space Museum (or the designee of the Direc- and provide a central clearinghouse for, in- paragraph (3) may commence a civil action tor). formation and coordination regarding, dates, H7026 CONGRESSIONAL RECORD — HOUSE August 4, 1998

events, and places of historical and com- title, laws relating to the general operation (3) FUNDRAISING.—Any fundraising under- memorative significance regarding aviation and management of Federal agencies shall taken by the Commission shall be coordi- history in general and the centennial of pow- apply to the Commission only to the extent nated with fundraising undertaken at the ered flight in particular; such laws apply to the Smithsonian Institu- State level, and coordinated with the First (5) provide national coordination for cele- tion. Flight Centennial Commission, the First bration dates to take place throughout the SEC. 707. STAFF AND SUPPORT SERVICES. Flight Centennial Foundation of North Caro- United States during the centennial year; (a) EXECUTIVE DIRECTOR.—There shall be lina, and the 2003 Committee of Ohio. (6) assist in conducting educational, civic, an Executive Director appointed by the Com- (b) VOLUNTEER SERVICES.—Notwithstand- and commemorative activities relating to mission. The Executive Director may be paid ing section 1342 of title 31, United States the centennial of powered flight throughout at a rate not to exceed the maximum rate of Code, the Commission may accept and use the United States, especially activities that basic pay payable for the Senior Executive voluntary and uncompensated services as the occur in the States of North Carolina and Service. Commission determines necessary. (c) REMAINING FUNDS.—Any donated funds Ohio and that highlight the activities of the (b) STAFF.—The Commission may appoint Wright brothers in such States; and and fix the pay of any additional personnel remaining with the Commission on the date (7) publish popular and scholarly works re- that it considers appropriate, except that an of the termination of the Commission may lated to the history of aviation or the anni- individual appointed under this subsection be used to ensure proper disposition, as spec- versary of the centennial of powered flight. may not receive pay in excess of the maxi- ified in the final report required under sec- (b) NONDUPLICATION OF ACTIVITIES.—The mum rate of basic pay payable for GS–14 of tion 710(b), of historically significant prop- Commission shall attempt to plan and con- the General Schedule. erty which was donated to or acquired by the Commission. Any donated funds remaining duct its activities in such a manner that ac- (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- after such disposition shall be transferred to tivities conducted pursuant to this title en- ICE LAWS.—The Executive Director and staff hance, but do not duplicate, traditional and of the Commission may be appointed without the Secretary of the Treasury for deposit established activities of Ohio’s 2003 Commit- regard to the provisions of title 5, United into the general fund of the Treasury of the tee, North Carolina’s First Flight Centennial States Code, governing appointments in the United States. (d) SENSE OF CONGRESS.—It is the sense of Commission, and the First Flight Centennial competitive service, and may be paid with- Congress that, in raising or accepting funds Foundation. out regard to the provisions of chapter 51 and from the private sector, the Commission SEC. 706. POWERS. subchapter III of chapter 53 of such title, re- should not compete against fundraising ef- lating to classification and General Schedule (a) ADVISORY COMMITTEES AND TASK forts by non-profit organizations that were pay rates, except as provided under sub- FORCES.— initiated before the date of enactment of this sections (a) and (b). (1) IN GENERAL.—The Commission may ap- Act and that are attempting to raise funds (d) STAFF OF FEDERAL AGENCIES.—Upon re- point any advisory committee or task force for nationally-significant commemorative quest by the Chairperson of the Commission, that it determines to be necessary to carry projects related to the Wright brothers. out this title. the head of any Federal department or agen- cy may detail, on a nonreimbursable basis, SEC. 709. EXCLUSIVE RIGHT TO NAME, LOGOS, (2) FEDERAL COOPERATION.—To ensure the EMBLEMS, SEALS, AND MARKS. any of the personnel of the department or overall success of the Commission’s efforts, (a) IN GENERAL.—The Commission may de- agency to the Commission to assist the Com- the Commission may call upon various Fed- vise any logo, emblem, seal, or descriptive or mission to carry out its duties under this eral departments and agencies to assist in designating mark that is required to carry title. and give support to programs of the Commis- out its duties or that it determines is appro- (e) EXPERTS AND CONSULTANTS.—The Chair- sion. Where appropriate, all Federal depart- priate for use in connection with the com- person of the Commission may procure tem- ments and agencies shall provide any assist- memoration of the centennial of powered porary and intermittent services under sec- ance possible. flight. tion 3109(b) of title 5, United States Code, at (3) PROHIBITION OF PAY OTHER THAN TRAVEL (b) LICENSING.—The Commission shall have EXPENSES.—Members of an advisory commit- a rate that does not exceed the daily equiva- the sole and exclusive right to use, or to tee or task force authorized by paragraph (1) lent of the annual rate of basic pay payable allow or refuse the use of, the name ‘‘Centen- shall not receive pay, but may receive travel under level V of the Executive Schedule nial of Flight Commission’’ on any logo, em- expenses pursuant to the policy adopted by under section 5316 of such title. blem, seal, or descriptive or designating the Commission under section 704(c)(2). (f) ADMINISTRATIVE SUPPORT SERVICES.— mark that the Commission lawfully adopts. (b) POWERS OF MEMBERS AND AGENTS.—Any (1) REIMBURSABLE SERVICES.—The Sec- (c) EFFECT ON OTHER RIGHTS.—No provision member or agent of the Commission may, if retary of the Smithsonian Institution may of this section may be construed to conflict authorized by the Commission, take any ac- provide to the Commission on a reimburs- or interfere with established or vested tion that the Commission is authorized to able basis any administrative support serv- rights. take under this title. ices that are necessary to enable the Com- (d) USE OF FUNDS.—Funds donated to, or (c) AUTHORITY TO PROCURE AND TO MAKE mission to carry out this title. raised by, the Commission under section 708 LEGAL AGREEMENTS.— (2) NONREIMBURSABLE SERVICES.—The Sec- and licensing royalties received pursuant to (1) IN GENERAL.—The Commission may pro- retary may provide administrative support section 709 shall be used by the Commission cure supplies, services, and property, and services to the Commission on a non- to carry out the duties of the Commission make or enter into leases and other legal reimbursable basis when, in the opinion of specified by this title. If the Commission de- agreements in order to carry out this title. the Secretary, the value of such services is termines that such funds are in excess of the (2) RESTRICTION.—A contract, lease, or insignificant or not practical to determine. amount needed to carry out these duties, other legal agreement made or entered into (g) COOPERATIVE AGREEMENTS.—The Com- funds may be made available to State and by the Commission may not extend beyond mission may enter into cooperative agree- local governments and private interests and the date of the termination of the Commis- ments or grant agreements with other Fed- organizations to contribute to public aware- sion. eral agencies, State and local governments, ness of and interest in the centennial of pow- (3) SUPPLIES AND PROPERTY POSSESSED BY and private interests and organizations that ered flight. Funds disbursed under this sec- COMMISSION AT TERMINATION.—Any supplies will contribute to public awareness of and in- tion shall be required to be disbursed in ac- and property, except historically significant terest in the centennial of powered flight and cordance with a plan adopted unanimously items, that are acquired by the Commission toward furthering the goals and purposes of by the voting members of the Commission. under this title and remain in the possession this title. (e) LIMITATION ON FUNDS COLLECTED.—Ex- of the Commission on the date of the termi- (h) PROGRAM SUPPORT.—The Commission cept as approved by a unanimous vote of the nation of the Commission shall become the may receive program support from the non- voting members of the Commission, funds property of the General Services Administra- profit sector. donated to, or raised by, the Commission tion upon the date of termination. SEC. 708. CONTRIBUTIONS. under section 708 and licensing royalties re- (d) REQUESTS FOR OFFICIAL INFORMATION.— (a) DONATIONS.— ceived pursuant to section 709 may not ex- The Commission may request from any Fed- (1) IN GENERAL.—The Commission may ac- ceed $1,750,000 in a fiscal year. eral department or agency information nec- cept donations of money, personal service, SEC. 710. REPORTS. essary to enable the Commission to carry and historic materials relating to the imple- (a) ANNUAL REPORT.—In each fiscal year in out this title. The head of the Federal de- mentation of its responsibilities under the which the Commission is in existence, the partment or agency shall furnish the infor- provisions of this title. Commission shall prepare and submit to mation to the Commission unless the release (2) DONATED FUNDS AND SALES.—Any funds Congress a report describing the activities of of the information by the department or donated to the Commission or revenues from the Commission during the fiscal year. Each agency to the public is prohibited by law. direct sales shall be used by the Commission annual report shall also include— (e) MAILS.—The Commission may use the to carry out this title. Funds donated to and (1) recommendations regarding appropriate United States mails in the same manner and accepted by the Commission under this sec- activities to commemorate the centennial of under the same conditions as any other Fed- tion shall not be considered to be appro- powered flight, including— eral agency. priated funds and shall not be subject to any (A) the production, publication, and dis- (f) APPLICABILITY OF CERTAIN LAWS.—Ex- requirements or restrictions applicable to tribution of books, pamphlets, films, and cept as otherwise expressly provided by this appropriated funds. other educational materials; August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7027 (B) bibliographical and documentary (4) The Secretary of the Navy, or the des- SEC. 715. AUTHORIZATION OF APPROPRIATIONS. projects and publications; ignee of the Secretary. There is authorized to be appropriated to (C) conferences, convocations, lectures, (5) The Secretary of Transportation, or the carry out this title $250,000 for each of the seminars, and other similar programs; designee of the Secretary. fiscal years 1999 through 2004. (D) the development of exhibits for librar- (6) Six citizens of the United States, ap- TITLE VIII—MISCELLANEOUS PROVISIONS ies, museums, and other appropriate institu- pointed by the President, who— SEC. 801. CLARIFICATION OF REGULATORY AP- tions; (A) are not officers or employees of any PROVAL PROCESS. (E) ceremonies and celebrations commemo- government (except membership on the Section 106(f)(3)(B) is amended by adding rating specific events that relate to the his- Board shall not be construed to apply to the at the end the following: tory of aviation; limitation under this clause); and ‘‘(v) Not later than 10 days after the date of (F) programs focusing on the history of (B) shall be selected based on their experi- the determination of the Administrator aviation and its benefits to the United ence in the fields of aerospace history, under clause (i), the Administrator shall States and humankind; and science, or education, or their ability to rep- transmit to the Committee on Commerce, (G) competitions, commissions, and awards resent the entities enumerated under section Science, and Transportation of the Senate regarding historical, scholarly, artistic, lit- 705(2). and the Committee on Transportation and erary, musical, and other works, programs, (7) Four citizens of the United States, ap- Infrastructure of the House of Representa- and projects related to the centennial of pointed by the majority leader of the Senate tives a written justification of the reasons powered flight; in consultation with the minority leader of for the determination. The justification (2) recommendations to appropriate agen- the Senate. shall include a citation to the item or items cies or advisory bodies regarding the (8) Four citizens of the United States, ap- listed in clause (i) that is the authority on issuance of commemorative coins, medals, pointed by the Speaker of the House of Rep- which the Administrator is relying for mak- and stamps by the United States relating to resentatives in consultation with the minor- ing the determination.’’. aviation or the centennial of powered flight; ity leader of the House of Representatives. SEC. 802. DUTIES AND POWERS OF ADMINIS- (3) recommendations for any legislation or Of the individuals appointed under this sub- TRATOR. administrative action that the Commission paragraph— Section 106(g)(1)(A) is amended by striking determines to be appropriate regarding the (A) one shall be selected from among indi- ‘‘40113(a), (c), and (d),’’ and all that follows commemoration of the centennial of powered viduals recommended by the representative through ‘‘45302–45304,’’ and inserting flight; and whose district encompasses the Wright ‘‘40113(a), 40113(c), 40113(d), 40113(e), 40114(a), (4) an accounting of funds received and ex- Brothers National Memorial; and and 40119, chapter 445 (except sections pended by the Commission in the fiscal year (B) one shall be selected from among indi- 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), that the report concerns, including a de- viduals recommended by the representatives 44503, 44506, 44509, 44510, 44514, and 44515), tailed description of the source and amount whose districts encompass any part of the chapter 447 (except sections 44717, 44718(a), of any funds donated to the Commission in Dayton Aviation Heritage National Histori- 44718(b), 44719, 44720, 44721(b), 44722, and the fiscal year. cal Park. 44723), chapter 449 (except sections 44903(d), (b) FINAL REPORT.—Not later than June 30, (c) VACANCIES.—Any vacancy in the Advi- 44904, 44905, 44907–44911, 44913, 44915, and 2004, the Commission shall submit to the sory Board shall be filled in the same man- 44931–44934), chapter 451, chapter 453, sec- President and Congress a final report. The ner in which the original designation was tions’’. final report shall contain— made. SEC. 803. PROHIBITION ON RELEASE OF OFFER- (1) a summary of the activities of the Com- (d) MEETINGS.—Seven members of the Ad- OR mission; visory Board shall constitute a quorum for a PROPOSALS. (2) a final accounting of funds received and meeting. All meetings shall be open to the Section 40110 is amended by adding at the expended by the Commission; public. end the following: (e) CHAIRPERSON.—The President shall des- ‘‘(d) PROHIBITION ON RELEASE OF OFFEROR (3) any findings and conclusions of the ignate 1 member appointed under subsection PROPOSALS.— Commission; and (b)(1)(F) as chairperson of the Advisory ‘‘(1) GENERAL RULE.—Except as provided in (4) specific recommendations concerning Board. paragraph (2), a proposal in the possession or the final disposition of any historically sig- (f) MAILS.—The Advisory Board may use control of the Administrator may not be nificant items acquired by the Commission, the United States mails in the same manner made available to any person under section including items donated to the Commission and under the same conditions as a Federal 552 of title 5, United States Code. under section 708(a)(1). agency. ‘‘(2) EXCEPTION.—Paragraph (1) shall not SEC. 711. AUDIT OF FINANCIAL TRANSACTIONS. (g) DUTIES.—The Advisory Board shall ad- apply to any portion of a proposal of an of- (a) IN GENERAL.— vise the Commission on matters related to feror the disclosure of which is authorized by (1) AUDIT.—The Comptroller General of the this title. the Administrator pursuant to procedures United States shall audit the financial trans- (h) PROHIBITION OF COMPENSATION OTHER published in the Federal Register. The Ad- actions of the Commission, including finan- THAN TRAVEL EXPENSES.—Members of the ministrator shall provide an opportunity for cial transactions involving donated funds, in Advisory Board shall not receive pay, but public comment on the procedures for a pe- accordance with generally accepted auditing may receive travel expenses pursuant to the riod of not less than 30 days beginning on the standards. policy adopted by the Commission under sec- date of such publication in order to receive (2) ACCESS.—In conducting an audit under tion 704(c)(2). and consider the views of all interested par- (i) TERMINATION.—The Advisory Board this section, the Comptroller General— ties on the procedures. The procedures shall shall terminate upon the termination of the (A) shall have access to all books, ac- not take effect before the 60th day following Commission. counts, financial records, reports, files, and the date of such publication. SEC. 713. DEFINITIONS. other papers, items, or property in use by the ‘‘(3) PROPOSAL DEFINED.—In this sub- Commission, as necessary to facilitate the In this title, the following definitions section, the term ‘proposal’ means informa- apply: audit; and tion contained in or originating from any (1) COMMISSION.—The term ‘‘Commission’’ (B) shall be afforded full facilities for veri- proposal, including a technical, manage- means the Centennial of Flight Commission. fying the financial transactions of the Com- ment, or cost proposal, submitted by an of- (2) FIRST FLIGHT.—The term ‘‘First Flight’’ mission, including access to any financial feror in response to the requirements of a so- means the first four successful manned, free, records or securities held for the Commission licitation for a competitive proposal.’’. controlled, and sustained flights by a power- by depositories, fiscal agents, or custodians. SEC. 804. MULTIYEAR PROCUREMENT CON- (b) REPORT.—Not later than September 30, driven, heavier-than-air machine, which TRACTS. 2004, the Comptroller General of the United were accomplished by Orville and Wilbur Section 40111 is amended— States shall submit to the President and to Wright on December 17, 1903. (1) by redesignating subsections (b) Congress a report detailing the results of any (3) CENTENNIAL OF POWERED FLIGHT.—The through (d) as subsections (c) through (e), re- audit of the financial transactions of the term ‘‘centennial of powered flight’’ means spectively; and Commission conducted by the Comptroller the anniversary year, from December 2002 to (2) by inserting after subsection (a) the fol- General. December 2003, commemorating the 100-year lowing: SEC. 712. ADVISORY BOARD. history of aviation beginning with the First ‘‘(b) TELECOMMUNICATIONS SERVICES.—Not- (a) ESTABLISHMENT.—There is established a Flight and highlighting the achievements of withstanding section 1341(a)(1)(B) of title 31, First Flight Centennial Federal Advisory the Wright brothers in developing the tech- the Administrator may make a contract of Board. nologies which have led to the development not more than 10 years for telecommuni- (b) NUMBER AND APPOINTMENT.—The Board of aviation as it is known today. cation services that are provided through the shall be composed of 19 members as follows: (4) ADVISORY BOARD.—The term ‘‘Advisory use of a satellite if the Administrator finds (1) The Secretary of the Interior, or the Board’’ means the Centennial of Flight Fed- that the longer contract period would be cost designee of the Secretary. eral Advisory Board. beneficial.’’. (2) The Librarian of Congress, or the des- SEC. 714. TERMINATION. SEC. 805. FEDERAL AVIATION ADMINISTRATION ignee of the Librarian. The Commission shall terminate not later PERSONNEL MANAGEMENT SYSTEM. (3) The Secretary of the Air Force, or the than 60 days after the submission of the final (a) MEDIATION.—Section 40122(a)(2) is designee of the Secretary. report required by section 710(b). amended by adding at the end the following: H7028 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘The 60-day period shall not include any pe- SEC. 807. IMPLEMENTATION OF ARTICLE 83 BIS man’s address not be made available to the riod during which Congress has adjourned OF THE CHICAGO CONVENTION. public. sine die.’’. Section 44701 is amended by— ‘‘(3) DEVELOPMENT AND IMPLEMENTATION OF (b) RIGHT TO CONTEST ADVERSE PERSONNEL (1) redesignating subsection (e) as sub- PROGRAM.—Not later than 30 days after the ACTIONS.—Section 40122 is amended by add- section (f); and date of enactment of the Airport Improve- ing at the end the following: (2) by inserting after subsection (d) the fol- ment Program Reauthorization Act of 1998, ‘‘(g) RIGHT TO CONTEST ADVERSE PERSON- lowing: the Administrator shall develop and imple- NEL ACTIONS.—An employee of the Adminis- ‘‘(e) BILATERAL EXCHANGES OF SAFETY ment, in cooperation with representatives of tration who is the subject of a major adverse OVERSIGHT RESPONSIBILITIES.— the aviation industry, a one-time written no- personnel action may contest the action ei- ‘‘(1) IN GENERAL.—Notwithstanding the tification to airmen to set forth the implica- ther through any contractual grievance pro- provisions of this chapter, the Adminis- tions of making the address of an airman cedure that is applicable to the employee as trator, pursuant to Article 83 bis of the Con- available to the public under paragraph (1) a member of the collective bargaining unit vention on International Civil Aviation and and to carry out paragraph (2).’’. or through the Administration’s internal by a bilateral agreement with the aeronauti- SEC. 809. GOVERNMENT AND INDUSTRY CONSOR- process relating to review of major adverse cal authorities of another country, may ex- TIA. personnel actions of the Administration, change with that country all or part of their Section 44903 is amended by adding at the known as Guaranteed Fair Treatment.’’. respective functions and duties with respect end the following: (c) APPLICABILITY OF MERIT SYSTEMS PRO- to registered aircraft under the following ar- ‘‘(f) GOVERNMENT AND INDUSTRY CONSOR- TECTION BOARD PROVISIONS.—Section 347(b) ticles of the Convention: Article 12 (Rules of TIA.—The Administrator may establish at in- of the Department of Transportation and Re- the Air); Article 31 (Certificates of Air- dividual airports such consortia of govern- lated Agencies Appropriations Act, 1996 (109 worthiness); or Article 32a (Licenses of Per- ment and aviation industry representatives Stat. 460) is amended— sonnel). as the Administrator may designate to pro- (1) by striking ‘‘and’’ at the end of para- ‘‘(2) RELINQUISHMENT AND ACCEPTANCE OF vide advice on matters related to aviation graph (6); RESPONSIBILITY.—The Administrator relin- security and safety. Such consortia shall not (2) by striking the period at the end of quishes responsibility with respect to the be considered Federal advisory commit- paragraph (7) and inserting ‘‘; and’’; and functions and duties transferred by the Ad- tees.’’. (3) by adding at the end the following: ministrator as specified in the bilateral SEC. 810. PASSENGER MANIFEST. ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– agreement, under the Articles listed in para- Section 44909(a)(2) is amended by striking 7703, relating to the Merit Systems Protec- graph (1) for United States-registered air- ‘‘shall’’ and inserting ‘‘should’’. tion Board.’’. craft described in paragraph (4)(A) trans- (d) APPEALS TO MERIT SYSTEMS PROTECTION SEC. 811. COST RECOVERY FOR FOREIGN AVIA- ferred abroad and accepts responsibility with TION SERVICES. BOARD.—Section 347(c) of the Department of respect to the functions and duties under Transportation and Related Agencies Appro- Section 45301 is amended— those Articles for aircraft registered abroad priations Act, 1996 is amended to read as fol- (1) in subsection (a)(2) by inserting before and described in paragraph (4)(B) that are lows: the period ‘‘or to any entity obtaining in- transferred to the United States. ‘‘(c) APPEALS TO MERIT SYSTEMS PROTEC- spection, testing, authorization, permit, rat- ‘‘(3) CONDITIONS.—The Administrator may TION BOARD.—Under the new personnel man- ing, approval, review, or certification serv- predicate, in the agreement, the transfer of agement system developed and implemented ices outside the United States’’; and functions and duties under this subsection under subsection (a), an employee of the Fed- (2) in subsection (b)(1)(B) by moving the on any conditions the Administrator deems eral Aviation Administration may submit an sentence beginning ‘‘Services’’ down 1 line necessary and prudent, except that the Ad- appeal to the Merit Systems Protection and flush 2 ems to the left. ministrator may not transfer responsibilities Board and may seek judicial review of any SEC. 812. TECHNICAL CORRECTIONS TO CIVIL for United States registered aircraft de- resulting final orders or decisions of the PENALTY PROVISIONS. scribed in paragraph (4)(A) to a country that Board from any action that was appealable Section 46301 is amended— the Administrator determines is not in com- to the Board under any law, rule, or regula- (1) in subsection (a)(1)(A) by striking pliance with its obligations under inter- tion as of March 31, 1996.’’. ‘‘46302, 46303, or’’; (e) COSTS AND BENEFITS OF MERIT SYSTEMS national law for the safety oversight of civil (2) in subsection (d)(7)(A) by striking ‘‘an PROTECTION BOARD PROCEDURE.— aviation. individual’’ the first place it appears and in- (1) STUDY.—The Inspector General of the ‘‘(4) REGISTERED AIRCRAFT DEFINED.—In serting ‘‘a person’’; and Department of Transportation shall conduct this subsection, the term ‘registered aircraft’ (3) in subsection (g) by inserting ‘‘or the a study of the costs and benefits to employ- means— Administrator’’ after ‘‘Secretary’’. ees and the Federal Aviation Administration ‘‘(A) aircraft registered in the United SEC. 813. ENHANCED VISION TECHNOLOGIES. States and operated pursuant to an agree- of the procedures of the Merit Systems Pro- (a) STUDY.—The Administrator shall con- tection Board as compared to the guaranteed ment for the lease, charter, or interchange of duct a study of the feasibility of requiring fair treatment procedures of the Federal the aircraft or any similar arrangement by United States airports to install enhanced Aviation Administration. an operator that has its principal place of vision technologies to replace or enhance business or, if it has no such place of busi- (2) SURVEY.—In conducting the study, the conventional landing light systems over the Inspector General shall conduct a survey of ness, its permanent residence in another 10-year period following the date of comple- the employees of the Federal Aviation Ad- country; or tion of such study. ministration who are not members of the ‘‘(B) aircraft registered in a foreign coun- (b) REPORT.—Not later than 180 days after union to determine which procedures such try and operated under an agreement for the the date of enactment of this Act, the Ad- employees prefer. lease, charter, or interchange of the aircraft ministrator shall transmit to Congress a re- (3) REPORT.—Not later than May 15, 1999, or any similar arrangement by an operator port on the results of the study conducted the Inspector General shall transmit to Con- that has its principal place of business or, if under subsection (a) with such recommenda- gress a report on the results of the study it has no such place of business, its perma- tions as the Administrator considers appro- conducted under paragraph (1), including the nent residence in the United States.’’. priate. results of a survey conducted under para- SEC. 808. PUBLIC AVAILABILITY OF AIRMEN (c) INCLUSION OF INSTALLATION AS AIRPORT graph (2). RECORDS. DEVELOPMENT.—Section 47102 of title 49, SEC. 806. GENERAL FACILITIES AND PERSONNEL Section 44703 is amended— United States Code, is amended— AUTHORITY. (1) by redesignating subsections (c) (1) in paragraph (3)(B)— Section 44502(a) (as amended by section 114 through (f) as subsections (d) through (g), re- (A) by striking ‘‘and’’ at the end of clause of this Act) is further amended by adding at spectively; and (v); the end the following: (2) by inserting after subsection (b) the fol- (B) by striking the period at the end of ‘‘(6) IMPROVEMENTS ON LEASED PROP- lowing: clause (vi) and inserting ‘‘; and’’; and ERTIES.—The Administrator may make im- ‘‘(c) PUBLIC INFORMATION.— (C) by inserting after clause (vi) the follow- provements to real property leased for an air ‘‘(1) IN GENERAL.—Subject to paragraph (2) ing: navigation facility, regardless of whether the and notwithstanding any other provision of ‘‘(vii) enhanced visual technologies to re- cost of making the improvements exceeds law, the records of the contents (as pre- place or enhance conventional landing light the cost of leasing the real property, if— scribed in subsection (b)) of any airman cer- systems.’’; and ‘‘(A) the property is leased for free or tificate issued under this section shall be (2) by adding at the end the following: nominal rent; made available to the public after the 60th ‘‘(21) ENHANCED VISION TECHNOLOGIES.—The ‘‘(B) the improvements primarily benefit day following the date of enactment of the term ‘enhanced vision technologies’ means the Government; Airport Improvement Program Reauthoriza- laser guidance, ultraviolet guidance, infra- ‘‘(C) the improvements are essential for ac- tion Act of 1998. red, and cold cathode technologies.’’. complishment of the mission of the Federal ‘‘(2) ADDRESSES OF AIRMEN.—Before making (d) CERTIFICATION.—Not later than 180 days Aviation Administration; and the address of an airman available to the after the date of enactment of this Act, the ‘‘(D) the interest of the Government in the public under paragraph (1), the airman shall Administrator shall transmit to Congress a improvements is protected.’’. be given an opportunity to elect that the air- schedule for certification of laser guidance August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7029 equipment for use as approach lighting at (v) The Federal Aviation Administration’s the deed of conveyance dated May 14, 1947, United States airports and of cold cathode definition of the services to which the Fed- under which the United States conveyed lighting equipment for use as runway and eral Aviation Administration ultimately at- such property to the Peninsula Airport Com- taxiway lighting at United States airports tributes its costs. mission for airport purposes of the Commis- and as lighting at United States heliports. (vi) The cost pools used by the Federal sion. SEC. 814. FOREIGN CARRIERS ELIGIBLE FOR Aviation Administration and the rationale (b) CONDITIONS.—Any waiver granted by WAIVER UNDER AIRPORT NOISE for and reliability of the bases which the the Secretary under subsection (a) shall be AND CAPACITY ACT. Federal Aviation Administration proposes to subject to the following conditions: Section 47528(b)(1) is amended in the first use in allocating costs of services to users. (1) The Peninsula Airport Commission sentence by inserting ‘‘or foreign air carrier’’ (C) REQUIREMENTS FOR ASSESSMENT OF COST shall agree that, in leasing or conveying any after ‘‘air carrier’’. POOLS.—In carrying out subparagraph (B)(vi), interest in the property with respect to SEC. 815. TYPOGRAPHICAL ERRORS. the Inspector General shall— which waivers are granted under subsection (a) IN TITLE 49.—Title 49 is amended— (i) review costs that cannot reliably be at- (a), the Commission will receive an amount (1) in section 5108(f) by striking ‘‘section tributed to specific Federal Aviation Admin- that is equal to the fair lease value or the 552(f)’’ and inserting ‘‘section 552(b)’’. istration services or activities (called ‘‘com- fair market value, as the case may be (as de- (2) in section 15904(c)(1) by inserting ‘‘sec- mon and fixed costs’’ in the Federal Aviation termined pursuant to regulations issued by tion’’ before ‘‘15901(b)’’. Administration Cost Allocation Study) and the Secretary). (3) in section 49106(b)(1)(F) by striking consider alternative methods for allocating (2) Peninsula Airport Commission shall use ‘‘1996’’ and inserting ‘‘1986’’; such costs; and any amount so received only for the develop- (4) in section 49106(c)(3) by striking ‘‘by the (ii) perform appropriate tests to assess re- ment, improvement, operation, or mainte- board’’ and inserting ‘‘to the board’’; lationships between costs in the various cost nance of Newport News/Williamsburg Inter- (5) in section 49107(b) by striking ‘‘sub- pools and activities and services to which national Airport. chapter II’’ and inserting ‘‘subchapter III’’; the costs are attributed by the Federal Avia- SEC. 820. GRANT OF EASEMENT, LOS ANGELES, and tion Administration. CALIFORNIA. (6) in section 49111(b) by striking ‘‘reten- (D) REPORTS.—The Inspector General shall The City of Los Angeles Department of tion of’’ and inserting ‘‘retention by’’. transmit to Congress an interim report con- Airports may grant an easement to the Cali- (b) CODIFICATION REPEAL TABLE.—The taining the results of the assessment con- fornia Department of Transportation to Schedule of Laws Repealed in section 5(b) ducted under this paragraph not later than lands required to provide sufficient right-of- the Act of November 20, 1997 (Public Law 105– March 31, 1999, and a final report containing way to facilitate the construction of the 102; 111 Stat. 2217), is amended by striking such results not later than December 31, 1999. California State Route 138 bypass, as pro- ‘‘1996’’ the first place it appears and insert- (3) COST EFFECTIVENESS.— posed by the California Department of ing ‘‘1986’’. (A) IN GENERAL.—The Inspector General Transportation. (c) CODIFICATION REFERENCES.—Effective shall assess the progress of the Federal Avia- SEC. 821. REGULATION OF ALASKA AIR GUIDES. October 11, 1996, section 5(45)(A) of the Act of tion Administration in cost and performance The Administrator shall reissue the notice October 11, 1996 (Public Law 104–287, 110 Stat. management, including use of internal and to operators originally published in the Fed- 3393), is amended by striking ‘‘ENFORCE- external benchmarking in improving the per- eral Register on January 2, 1998, which ad- MENT;’’ and inserting ‘‘ENFORCEMENT:’’. formance and productivity of the Federal vised Alaska guide pilots of the applicability SEC. 816. ACQUISITION MANAGEMENT SYSTEM. Aviation Administration. of part 135 of title 14, Code of Federal Regu- Section 348 of the Department of Transpor- (B) ANNUAL REPORTS.—Not later than De- lations, to guide pilot operations. In reissu- tation and Related Agencies Appropriations cember 31, 1999, and annually thereafter ing the notice, the Administrator shall pro- Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is until December 31, 2003, the Inspector Gen- vide for not less than 60 days of public com- amended by striking subsection (c) and in- eral shall transmit to Congress an updated ment on the Federal Aviation Administra- serting the following: report containing the results of the assess- tion action. If, notwithstanding the public ‘‘(c) CONTRACTS EXTENDING INTO A SUBSE- ment conducted under this paragraph. comments, the Administrator decides to pro- QUENT FISCAL YEAR.—Notwithstanding sub- (C) INFORMATION TO BE INCLUDED IN FAA FI- ceed with the action, the Administrator section (b)(3), the Administrator may enter NANCIAL REPORT.—The Administrator shall shall publish in the Federal Register a notice into contracts for procurement of severable include in the annual financial report of the justifying the Administrator’s decision and services that begin in one fiscal year and end Federal Aviation Administration informa- providing at least 90 days for compliance. in another if (without regard to any option tion on the performance of the Administra- SEC. 822. PUBLIC AIRCRAFT DEFINED. to extend the period of the contract) the con- tion sufficient to permit users and others to Section 40102(a)(37)(B)(ii) is amended— tract period does not exceed 1 year.’’. make an informed evaluation of the progress (1) in subclause (I) by striking ‘‘or’’ at the end; SEC. 817. INDEPENDENT STUDY OF FAA COSTS of the Administration in increasing produc- AND ALLOCATIONS. tivity. (2) in subclause (II) by striking the period at the end and inserting ‘‘; or’’; and (a) INDEPENDENT ASSESSMENT.— (b) AUTHORIZATION OF APPROPRIATIONS.— (3) by adding at the end the following: (1) IN GENERAL.—The Inspector General of There is authorized to be appropriated to the Department of Transportation shall con- carry out this section $1,600,000 for fiscal ‘‘(III) transporting (for other than commer- duct the assessments described in this sec- year 1999. cial purposes) government officials whose tion. To conduct the assessments, the In- SEC. 818. ELIMINATION OF BACKLOG OF EQUAL presence is required to inspect the scene of a spector General may use the staff and re- EMPLOYMENT OPPORTUNITY COM- major disaster or emergency.’’. sources of the Inspector General or contract PLAINTS. TITLE IX—NATIONAL PARKS AIR TOUR with 1 or more independent entities. (a) HIRING OF ADDITIONAL PERSONNEL.—For MANAGEMENT (2) ASSESSMENT OF ADEQUACY AND ACCURACY fiscal year 1999, the Secretary of Transpor- SEC. 901. SHORT TITLE. OF FAA COST DATA AND ATTRIBUTIONS.— tation may hire or contract for such addi- This title may be cited as the ‘‘National (A) IN GENERAL.—The Inspector General tional personnel as may be necessary to Parks Air Tour Management Act of 1998’’. shall conduct an assessment to ensure that eliminate the backlog of pending equal em- SEC. 902. FINDINGS. the method for calculating the overall costs ployment opportunity complaints to the De- Congress finds that— of the Federal Aviation Administration and partment of Transportation and to ensure (1) the Federal Aviation Administration attributing such costs to specific users is ap- that investigations of complaints are com- has sole authority to control airspace over propriate, reasonable, and understandable to pleted not later than 180 days after the date the United States; the users. of initiation of the investigation. (2) the Federal Aviation Administration (B) COMPONENTS.—In conducting the as- (b) AUTHORIZATION OF APPROPRIATIONS.— has the authority to preserve, protect, and sessment under this paragraph, the Inspector There is authorized to be appropriated to enhance the environment by minimizing, General shall assess the following: carry out this section $2,000,000 for fiscal mitigating, or preventing the adverse effects (i) The Federal Aviation Administration’s year 1999. Such sums shall remain available of aircraft overflights of public and tribal cost input data, including the reliability of until expended. lands; the Federal Aviation Administration’s SEC. 819. NEWPORT NEWS, VIRGINIA. (3) the National Park Service has the re- source documents and the integrity and reli- (a) AUTHORITY TO GRANT WAIVERS.—Not- sponsibility of conserving the scenery and ability of the Federal Aviation Administra- withstanding section 16 of the Federal Air- natural and historic objects and wildlife in tion’s data collection process. port Act (as in effect on May 14, 1947), the national parks and of providing for the en- (ii) The Federal Aviation Administration’s Secretary shall, subject to section 47153 of joyment of the national parks in ways that system for tracking assets. title 49, United States Code (as in effect on leave the national parks unimpaired for fu- (iii) The Federal Aviation Administra- June 1, 1998), and subsection (b) of this sec- ture generations; tion’s bases for establishing asset values and tion, waive with respect to airport property (4) the protection of tribal lands from air- depreciation rates. parcels that, according to the airport layout craft overflights is consistent with protect- (iv) The Federal Aviation Administration’s plan for Newport News/Williamsburg Inter- ing the public health and welfare and is es- system of internal controls for ensuring the national Airport, are no longer required for sential to the maintenance of the natural consistency and reliability of reported data. airport purposes from any term contained in and cultural resources of Indian tribes; H7030 CONGRESSIONAL RECORD — HOUSE August 4, 1998 (5) the National Parks Overflights Working Administrator, in cooperation with the Di- ‘‘(E) shall provide a system for allocating Group, composed of general aviation, com- rector, shall develop an air tour management opportunities to conduct commercial air mercial air tour, environmental, and Native plan in accordance with subsection (b) and tours if the air tour management plan in- American representatives, recommended implement such plan. cludes a limitation on the number of com- that the Congress enact legislation based on ‘‘(3) EXCEPTION.— mercial air tour operations for any time pe- the Group’s consensus work product; and ‘‘(A) IN GENERAL.—If a commercial air tour riod; and (6) this title reflects the recommendations operator secures a letter of agreement from ‘‘(F) shall justify and document the need made by that Group. the Administrator and the superintendent for measures taken pursuant to subpara- SEC. 903. AIR TOUR MANAGEMENT PLANS FOR for the national park that describes the con- graphs (A) through (E) and include such jus- NATIONAL PARKS. ditions under which the commercial air tour tifications in the record of decision. (a) IN GENERAL.—Chapter 401 of title 49, operation will be conducted, then notwith- ‘‘(4) PROCEDURE.—In establishing an air United States Code, is amended by adding at standing paragraph (1), the commercial air tour management plan for a national park the end the following: tour operator may conduct such operations (including tribal lands), the Administrator ‘‘§ 40125. Overflights of national parks over the national park under part 91 of title and the Director shall— ‘‘(a) IN GENERAL.— 14, Code of Federal Regulaions, if such activ- ‘‘(A) hold at least one public meeting with ‘‘(1) GENERAL REQUIREMENTS.—A commer- ity is permitted under part 119 of such title. interested parties to develop the air tour cial air tour operator may not conduct com- ‘‘(B) LIMIT ON EXCEPTIONS.—Not more than management plan; mercial air tour operations over a national 5 flights in any 30-day period over a single ‘‘(B) publish the proposed plan in the Fed- park (including tribal lands) except— national park may be conducted under this eral Register for notice and comment and ‘‘(A) in accordance with this section; paragraph. make copies of the proposed plan available ‘‘(B) in accordance with conditions and ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- to the public; limitations prescribed for that operator by MENTS.—Notwithstanding subsection (c), an ‘‘(C) comply with the regulations set forth the Administrator; and existing commercial air tour operator shall in sections 1501.3 and 1501.5 through 1501.8 of ‘‘(C) in accordance with any applicable air apply, not later than 90 days after the date of title 40, Code of Federal Regulations (for pur- tour management plan for the park. enactment of this section, for operating au- poses of complying with the regulations, the ‘‘(2) APPLICATION FOR OPERATING AUTHOR- thority under part 119, 121, or 135 of title 14, Federal Aviation Administration shall be the ITY.— Code of Federal Regulations. A new entrant lead agency and the National Park Service is ‘‘(A) APPLICATION REQUIRED.—Before com- commercial air tour operator shall apply for a cooperating agency); and mencing commercial air tour operations such authority before conducting commer- ‘‘(D) solicit the participation of any Indian over a national park (including tribal lands), cial air tour operations over a national park tribe whose tribal lands are, or may be, a commercial air tour operator shall apply (including tribal lands). The Administrator overflown by aircraft involved in a commer- to the Administrator for authority to con- shall act on any such application for a new cial air tour operation over the park, as a co- duct the operations over the park. entrant and issue a decision on the applica- operating agency under the regulations re- ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- tion not later than 24 months after it is re- ferred to in subparagraph (C). PACITY PARKS.—Whenever an air tour man- ceived or amended. ‘‘(5) JUDICIAL REVIEW.—An air tour man- agement plan limits the number of commer- agement plan developed under this sub- ‘‘(b) AIR TOUR MANAGEMENT PLANS.— cial air tour operations over a national park section shall be subject to judicial review. ‘‘(1) ESTABLISHMENT.— during a specified time frame, the Adminis- ‘‘(6) AMENDMENTS.—The Administrator, in ‘‘(A) IN GENERAL.—The Administrator, in trator, in cooperation with the Director, cooperation with the Director, may make cooperation with the Director, shall estab- shall issue operation specifications to com- amendments to an air tour management lish an air tour management plan for any na- mercial air tour operators that conduct such plan. Any such amendments shall be pub- tional park (including tribal lands) for which operations. The operation specifications lished in the Federal Register for notice and such a plan is not in effect whenever a per- shall include such terms and conditions as comment. A request for amendment of an air son applies for authority to conduct a com- the Administrator and the Director find nec- tour management plan shall be made in such mercial air tour operation over the park. essary for management of commercial air form and manner as the Administrator may tour operations over the park. The Adminis- The air tour management plan shall be de- prescribe. trator, in cooperation with the Director, veloped by means of a public process in ac- ‘‘(c) DETERMINATION OF COMMERCIAL AIR shall develop an open competitive process for cordance with paragraph (4). TOUR OPERATION STATUS.—In making a de- evaluating proposals from persons interested ‘‘(B) OBJECTIVE.—The objective of any air termination of whether a flight is a commer- in providing commercial air tour operations tour management plan shall be to develop cial air tour operation, the Administrator over the park. In making a selection from acceptable and effective measures to miti- may consider— among various proposals submitted, the Ad- gate or prevent the significant adverse im- ‘‘(1) whether there was a holding out to the ministrator, in cooperation with the Direc- pacts, if any, of commercial air tours upon public of willingness to conduct a sightsee- tor, shall consider relevant factors, includ- the natural and cultural resources, visitor ing flight for compensation or hire; ing— experiences, and tribal lands. ‘‘(2) whether a narrative that referred to ‘‘(i) the safety record of the person submit- ‘‘(2) ENVIRONMENTAL DETERMINATION.—In areas or points of interest on the surface ting the proposal or pilots employed by the establishing an air tour management plan below the route of the flight was provided by person; under this subsection, the Administrator and the person offering the flight; ‘‘(ii) any quiet aircraft technology pro- the Director shall each sign the environ- ‘‘(3) the area of operation; posed to be used by the person submitting mental decision document required by sec- ‘‘(4) the frequency of flights conducted by the proposal; tion 102 of the National Environmental Pol- the person offering the flight; ‘‘(iii) the experience of the person submit- icy Act of 1969 (42 U.S.C. 4332) (including a ‘‘(5) the route of flight; ting the proposal with commercial air tour finding of no significant impact, an environ- ‘‘(6) the inclusion of sightseeing flights as operations over other national parks or sce- mental assessment, and an environmental part of any travel arrangement package of- nic areas; impact statement) and the record of decision fered by the person offering the flight; ‘‘(iv) the financial capability of the com- for the air tour management plan. ‘‘(7) whether the flight would have been pany; ‘‘(3) CONTENTS.—An air tour management canceled based on poor visibility of the sur- ‘‘(v) any training programs for pilots pro- plan for a national park— face below the route of the flight; and vided by the person submitting the proposal; ‘‘(A) may limit or prohibit commercial air ‘‘(8) any other factors that the Adminis- and tour operations; trator considers appropriate. ‘‘(vi) responsiveness of the person submit- ‘‘(B) may establish conditions for the con- ‘‘(d) INTERIM OPERATING AUTHORITY.— ting the proposal to any relevant criteria de- duct of commercial air tour operations, in- ‘‘(1) IN GENERAL.—Upon application for op- veloped by the National Park Service for the cluding commercial air tour operation erating authority, the Administrator shall affected park. routes, maximum or minimum altitudes, grant interim operating authority under this ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— time-of-day restrictions, restrictions for par- subsection to a commercial air tour operator In determining the number of authorizations ticular events, maximum number of flights for commercial air tour operations over a na- to issue to provide commercial air tour oper- per unit of time, intrusions on privacy on tional park (including tribal lands) for which ations over a national park, the Adminis- tribal lands, and mitigation of adverse noise, the operator is an existing commercial air trator, in cooperation with the Director, visual, or other impacts; tour operator. shall take into consideration the provisions ‘‘(C) may apply to all commercial air tour ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- of the air tour management plan, the num- operations; terim operating authority granted under this ber of existing commercial air tour operators ‘‘(D) shall include incentives (such as pre- subsection— and current level of service and equipment ferred commercial air tour operation routes ‘‘(A) shall provide annual authorization provided by any such operators, and the fi- and altitudes and relief from flight caps and only for the greater of— nancial viability of each commercial air tour curfews) for the adoption of quiet aircraft ‘‘(i) the number of flights used by the oper- operation. technology by commercial air tour operators ator to provide such tours within the 12- ‘‘(D) COOPERATION WITH NPS.—Before grant- conducting commercial air tour operations month period prior to the date of enactment ing an application under this paragraph, the over the park; of this section; or August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7031 ‘‘(ii) the average number of flights per 12- quiring the pilot-in-command to take action ence, as authorized by section 5703 of title 5, month period used by the operator to provide to ensure the safe operation of the aircraft); United States Code, for persons in the Gov- such tours within the 36-month period prior or ernment service employed intermittently. to such date of enactment, and, for seasonal ‘‘(B) less than 1 mile laterally from any ge- (2) ADMINISTRATIVE SUPPORT.—The Federal operations, the number of flights so used ographic feature within the park (unless Aviation Administration and the National during the season or seasons covered by that more than 1⁄2 mile outside the boundary). Park Service shall jointly furnish to the ad- 12-month period; ‘‘(5) NATIONAL PARK.—The term ‘national visory group clerical and other assistance. ‘‘(B) may not provide for an increase in the park’ means any unit of the National Park (3) NONAPPLICATION OF FACA.—Section 14 of number of commercial air tour operations System. the Federal Advisory Committee Act (5 conducted during any time period by the ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’ U.S.C. App.) does not apply to the advisory commercial air tour operator above the num- means Indian country (as that term is de- group. ber that the air tour operator was originally fined in section 1151 of title 18) that is within SEC. 905. REPORTS. granted unless such an increase is agreed to or abutting a national park. (a) OVERFLIGHT FEE REPORT.—Not later by the Administrator and the Director; ‘‘(7) ADMINISTRATOR.—The term ‘Adminis- than 180 days after the date of enactment of ‘‘(C) shall be published in the Federal Reg- trator’ means the Administrator of the Fed- this Act, the Administrator shall transmit ister to provide notice and opportunity for eral Aviation Administration. to Congress a report on the effects overflight comment; ‘‘(8) DIRECTOR.—The term ‘Director’ means fees are likely to have on the commercial air ‘‘(D) may be revoked by the Administrator the Director of the National Park Service.’’. tour operation industry. The report shall in- for cause; (b) CLERICAL AMENDMENT.—The table of clude, but shall not be limited to— ‘‘(E) shall terminate 180 days after the date sections for chapter 401 of title 49, United (1) the viability of a tax credit for the com- on which an air tour management plan is es- States Code, is amended by adding at the end mercial air tour operators equal to the tablished for the park or the tribal lands; the following: amount of any overflight fees charged by the ‘‘(F) shall promote protection of national ‘‘40125. Overflights of national parks.’’. National Park Service; and park resources, visitor experiences, and trib- SEC. 904. ADVISORY GROUP. (2) the financial effects proposed offsets are al lands; likely to have on Federal Aviation Adminis- ‘‘(G) shall promote safe operations of the (a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the tration budgets and appropriations. commercial air tour; (b) QUIET AIRCRAFT TECHNOLOGY REPORT.— ‘‘(H) shall promote the adoption of quiet Administrator and the Director shall jointly establish an advisory group to provide con- Not later than 2 years after the date of en- technology, as appropriate; and actment of this Act, the Administrator and ‘‘(I) shall allow for modifications of the op- tinuing advice and counsel with respect to commercial air tour operations over and the Director shall jointly transmit a report eration based on experience if the modifica- to Congress on the effectiveness of this title tion improves protection of national park re- near national parks. (b) MEMBERSHIP.— in providing incentives for the development sources and values and of tribal lands. and use of quiet aircraft technology. ‘‘(e) EXEMPTIONS.— (1) IN GENERAL.—The advisory group shall SEC. 906. EXEMPTIONS. ‘‘(1) IN GENERAL.—Except as provided by be composed of— paragraph (2), this section shall not apply (A) a balanced group of — This title shall not apply to— to— (i) representatives of general aviation; (1) any unit of the National Park System ‘‘(A) the Grand Canyon National Park; (ii) representatives of commercial air tour located in Alaska; or ‘‘(B) tribal lands within or abutting the operators; (2) any other land or water located in Alas- Grand Canyon National Park; or (iii) representatives of environmental con- ka. ‘‘(C) any unit of the National Park System cerns; and SEC. 907. DEFINITIONS. located in Alaska or any other land or water (iv) representatives of Indian tribes; In this title, the following definitions located in Alaska. (B) a representative of the Federal Avia- apply: ‘‘(2) EXCEPTION.—This section shall apply tion Administration; and (1) ADMINISTRATOR.—The term ‘‘Adminis- to the Grand Canyon National Park if sec- (C) a representative of the National Park trator’’ means the Administrator of the Fed- tion 3 of Public Law 100–91 (16 U.S.C. 1a-1 Service. eral Aviation Administration. note; 101 Stat. 674–678) is no longer in effect. (2) EX-OFFICIO MEMBERS.—The Adminis- (2) DIRECTOR.—The term ‘‘Director’’ means ‘‘(f) DEFINITIONS.—In this section, the fol- trator (or the designee of the Administrator) the Director of the National Park Service. lowing definitions apply: and the Director (or the designee of the Di- TITLE X—EXTENSION OF AIRPORT AND ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The rector) shall serve as ex-officio members. AIRWAY TRUST FUND EXPENDITURE AU- term ‘commercial air tour operator’ means (3) CHAIRPERSON.—The representative of THORITY any person who conducts a commercial air the Federal Aviation Administration and the SEC. 1001. EXTENSION OF EXPENDITURE AU- tour operation. representative of the National Park Service THORITY. ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPERA- shall serve alternating 1-year terms as chair- (a) IN GENERAL.—Paragraph (1) of section TOR.—The term ‘existing commercial air man of the advisory group, with the rep- 9502(d) of the Internal Revenue Code of 1986 tour operator’ means a commercial air tour resentative of the Federal Aviation Adminis- (relating to expenditures from Airport and operator that was actively engaged in the tration serving initially until the end of the Airway Trust Fund) is amended— business of providing commercial air tour calendar year following the year in which (1) by striking ‘‘October 1, 1998’’ and insert- operations over a national park at any time the advisory group is first appointed. ing ‘‘October 1, 1999’’, and during the 12-month period ending on the (c) DUTIES.—The advisory group shall pro- (2) by inserting before the semicolon at the date of enactment of this section. vide advice, information, and recommenda- end of subparagraph (A) the following ‘‘or ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP- tions to the Administrator and the Direc- the Airport Improvement Program Reau- ERATOR.—The term ‘new entrant commercial tor— thorization Act of 1998’’. air tour operator’ means a commercial air (1) on the implementation of this title and (b) LIMITATION ON EXPENDITURE AUTHOR- tour operator that— the amendments made by this title; ITY.—Section 9502 of such Code is amended ‘‘(A) applies for operating authority as a (2) on commonly accepted quiet aircraft by adding at the end the following new sub- commercial air tour operator for a national technology for use in commercial air tour section: park; and operations over national parks (including ‘‘(f) LIMITATION ON TRANSFERS TO TRUST ‘‘(B) has not engaged in the business of tribal lands), which will receive preferential FUND.— providing commercial air tour operations treatment in a given air tour management ‘‘(1) IN GENERAL.—Except as provided in over the national park (including tribal plan; paragraph (2), no amount may be appro- lands) in the 12-month period preceding the (3) on other measures that might be taken priated or credited to the Airport and Air- application. to accommodate the interests of visitors to way Trust Fund on and after the date of any ‘‘(4) COMMERCIAL AIR TOUR OPERATION.—The national parks; and expenditure from the Airport and Airway term ‘commercial air tour operation’ means (4) at request of the Administrator and the Trust Fund which is not permitted by this any flight, conducted for compensation or Director, safety, environmental, and other section. The determination of whether an ex- hire in a powered aircraft where a purpose of issues related to commercial air tour oper- penditure is so permitted shall be made with- the flight is sightseeing over a national ations over a national park (including tribal out regard to— park, within 1⁄2 mile outside the boundary of lands). ‘‘(A) any provision of law which is not con- any national park, or over tribal lands, dur- (d) COMPENSATION; SUPPORT; FACA.— tained or referenced in this title or in a reve- ing which the aircraft flies— (1) COMPENSATION AND TRAVEL.—Members nue Act, and ‘‘(A) below a minimum altitude, deter- of the advisory group who are not officers or ‘‘(B) whether such provision of law is a mined by the Administrator in cooperation employees of the United States, while at- subsequently enacted provision or directly or with the Director, above ground level (except tending conferences or meetings of the group indirectly seeks to waive the application of solely for purposes of takeoff or landing, or or otherwise engaged in its business, or while this subsection. necessary for safe operation of an aircraft as serving away from their homes or regular ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— determined under the rules and regulations places of business, may be allowed travel ex- Paragraph (1) shall not apply to any expendi- of the Federal Aviation Administration re- penses, including per diem in lieu of subsist- ture to liquidate any contract entered into H7032 CONGRESSIONAL RECORD — HOUSE August 4, 1998 (or for any amount otherwise obligated) be- we usually have a multi-year bill, have of AIP. An increase in the PFC is need- fore October 1, 1999, in accordance with the a one-year bill so that we can hold the ed to adequately meet our Nation’s air- provisions of this section.’’. necessary hearings and prepare our- port development needs. The SPEAKER pro tempore. Pursu- selves to come back next year so we Although H.R. 4057 does not include ant to the rule, the gentleman from can address the issue of unlocking the an increase in the PFC, it is still a very Pennsylvania (Mr. SHUSTER) and the Aviation Trust Fund just as we did the good bill. In addition to making sev- gentleman from Illinois (Mr. LIPINSKI), Highway Trust Fund so that the reve- eral changes to the AIP program, H.R. each will control 20 minutes. nues being paid into it in good faith by 4057 contains many important safety The Chair recognizes the gentleman the aviation traveling public will see and policy provisions. from Pennsylvania (Mr. SHUSTER). that money that they are putting in, For example, H.R. 4057 requires colli- Mr. SHUSTER. Mr. Speaker, I yield those user fees dedicated and spent to sion avoidance systems to be installed myself such time as I may consume. improving aviation in America, to im- on large cargo aircraft by the year 2002. Mr. Speaker, this is must-pass legis- proving aviation safety, aviation pro- b 1115 lation because without it, there can be ductivity, consumer efficiency. no Federal airport grants made. There For all those reasons, I believe we A collision avoidance system, re- are about 18,000 airports in the United should vigorously support this legisla- ferred to as TCAS, is already required States with about 3300 eligible for Fed- tion this year, recognizing that next on passenger aircraft. In addition, most eral AIP grants. year we will attempt to fix the problem of the world’s major aviation countries The General Accounting Office esti- of not being totally square with the are requiring that all large aircraft, mates that total airport needs are aviation traveling public, not spending both passenger and cargo, be equipped about $10 billion a year. Airport infra- the money that they put in that Avia- with TCAS by the year 2000. By requir- structure is urgently needed because of tion Trust Fund as it should be spent. ing TCAS or some other collision the tremendous success story of growth But that is an issue for us to come to avoidance system on cargo aircraft, in aviation. grips with next year. H.R. 4057 ensures that some 600 cargo Before airline deregulation, we had I would urge strong support for the aircraft that share the U.S. air space about 230 million people, passengers passage of this one-year bill because it with passenger aircraft each day will flying in U.S. aviation commercially is in the interest of the American trav- now have the same ability to avoid each year. Over the last 5 years, we eling public. midair collisions. have had enplanements increase by 27 Mr. Speaker, I reserve the balance of In addition, H.R. 4057 provides whis- percent today. Last year we had 655 my time. tle-blower protection for airline em- million passengers, and the FAA pre- Mr. LIPINSKI. Mr. Speaker, I yield ployees. The bill provides whistle-blow- dicts as we move into the first decade myself such time as I may consume. er protection for flight attendants, pi- of the next century we will have over 1 Mr. Speaker, I rise today in strong lots, machinists and other airline em- billion, with a ‘‘B,’’ passengers flying support of H.R. 4057, the Airport Im- ployees who report safety violations to commercially in America. provement Reauthorization Act of 1998. the Federal Aviation Administration. If we do not accommodate this H.R. 4057 is a one-year reauthoriza- This will greatly improve airline safety growth by investing in airport air traf- tion of the important Airport Improve- because employees will no longer have fic control infrastructure, safety mar- ment Program. The AIP is funded en- to fear retaliation from their employer gins are going to be reduced, and air- tirely by the Aviation Trust Fund and if they report safety violations to the port delays are going to increase. provides grants to local airports for FAA. These delays hurt passengers, and they needed safety, security, capacity and I could mention several other impor- undermine the economic growth which noise projects. tant provisions in H.R. 4057, but in the is so vital to the future of our country. The capital development needs of our interest of time I simply want to stress The number of daily aircraft delays Nation’s airports are great. It is esti- that H.R. 4057 is a good, strong bill of 15 minutes or longer has already in- mated that between $6- and $10 billion that is good for our Nation’s airports creased nearly 20 percent higher in 1996 per year is needed to fund all of our Na- and for our Nation’s aviation infra- than in 1995. Some airlines predict that tion’s airport development needs. Yet structure as a whole. I urge my col- in just another 16 years, aircraft delays despite the outstanding needs of our leagues to support this bill. will be such that the hub and spoke Nation’s airports, huge unspent bal- Mr. Speaker, I reserve the balance of systems across America will collapse. ances are allowed to accumulate in the my time. The FAA estimates that today’s air- Aviation Trust Fund. Mr. SHUSTER. Mr. Speaker, I yield line delays cost the industry approxi- In fact, the balance in the Aviation such time as he may consume to the mately $2.5 billion a year in higher op- Trust Fund is expected to grow to al- gentleman from Tennessee (Mr. DUN- erating costs. Of course, that gets most $48 billion in the next 10 years. At CAN), the distinguished chairman of our translated into higher consumer costs the same time, the General Accounting Subcommittee on Aviation. for tickets. Office reports that many airports will (Mr. DUNCAN asked and was given These delays and these costs are par- face substantial work keeping runways permission to revise and extend his re- ticularly troubling when we consider in generally good condition in the next marks.) that approximately $10 billion a year is 10 years. Mr. DUNCAN. Mr. Speaker, I thank being paid into the Aviation Trust We cannot allow our Nation’s air- the gentleman from Pennsylvania, the Fund by the traveling public, yet we ports to deteriorate, while money col- chairman of the full committee, for are only spending about $5.6 billion of lected from aviation users simply sits yielding me this time, and I rise in that. in the Aviation Trust Fund. For this strong support of H.R. 4057. Indeed, the problem here is very com- reason, H.R. 4057 is only a one-year re- Let me first say that I really appre- parable to the problem that we faced in authorization bill. Next year, when ciate the outstanding leadership pro- surface transportation, which we fixed there is more time, we will fight to vided by the chairman of our commit- this year, and that is, the money that make sure that the revenue in the tee, the gentleman from Pennsylvania was flowing from the gasoline tax and Aviation Trust Fund is used for avia- (Mr. SHUSTER), who has always pro- related taxes into the Highway Trust tion. We will fight to put the trust vided strong leadership on issues per- Fund was not being spent to improve back in the Aviation Trust Fund, the taining to aviation. highways and transit in America, as it same way we fought to put the trust This bill before us is a product that should have been. back in the Highway Trust Fund under enjoys support from both sides of the We face that same kind of a problem TEA 21. aisle. We have worked very closely here in aviation. Indeed, it is an issue It is my hope that next year we will with the ranking member of the Com- which we should deal with. However, also work to increase the passenger fa- mittee on Transportation and Infra- we believe that the most appropriate cility charge. The PFC is also used to structure, the fine gentleman from approach is to have simply a one-year fund airport development projects, Minnesota (Mr. OBERSTAR), and my bill in aviation this year, even though helping to offset the funding shortfalls good friend from Chicago, the ranking August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7033 member of the Subcommittee on Avia- and around our national parks by es- I believe the American people are tion, the gentleman from Illinois (Mr. tablishing a process for developing air paying their fair share of taxes into the LIPINSKI), in crafting this very impor- tour management plans. And this is a aviation system, but I know that our tant legislation. significant part of this legislation, Mr. government’s budgeting process here is As has been stated already, H.R. 4057 Speaker, because we had groups from obviously very flawed and in need of is a simple 1-year reauthorization of the environmental community and change and is resulting in many short- the Airport Improvement Program and groups from the air tour community comings to those who are using our the FAA’s Operations and Facilities that started out very, very far apart, aviation system. Equipment accounts. but they have compromised and Finally, Mr. Speaker, let me salute H.R. 4057 provides dedicated funding worked together to come up with, I the outstanding staff of the Sub- for airport security, and increases the think, very innovative and far-reaching committee on Aviation, David Schaffer number of military airports which can legislation that will ensure that the and Donna McLean. But I would like to receive special AIP funds from 12 to 14, FAA has the sole authority to control take just a moment to salute my good which was done at the request of sev- airspace and that the National Park friend Jim Coon, who has worked so eral Members from the State of Flor- Service has the responsibility to man- hard on this legislation, and who will ida. age the park resources, and that these very shortly be leaving our subcommit- It also increases the noise set-aside two agencies under this legislation will tee to move to a tremendous new op- from 31 percent of the discretionary work cooperatively in developing air portunity with the Air Transport Asso- funds to 33 percent, which will be a sig- tour management plans for our na- ciation, and will terminate at that nificant increase in our efforts to com- tional parks. point a 16-year career on Capitol Hill, bat noise at airports. This legislation covers virtually the last 10 of which Mr. Coon has been The bill makes runway incursion de- every national park in the country ex- with me, first as my legislative direc- vices eligible for AIP funding and en- cept those in Alaska and the Grand tor and then for almost 4 years now sures that this is a higher priority. Canyon, for which there will be special It establishes a Centennial Flight with the Subcommittee on Aviation. accommodations. Air tours over the Jim Coon is one of the finest men I Commission, at the request of our Grand Canyon are already covered by a friend, the gentleman from North Caro- have ever known in my life and one of 1987 law, and if that should ever be re- the hardest working, and he has done a lina (Mr. WALTER JONES). pealed, the Grand Canyon would be It requires, as the gentleman from Il- tremendous job both for me personally covered by this legislation. in my office and for the last few years linois (Mr. LIPINSKI) has mentioned, I am proud to say that we have with the Subcommittee on Aviation. I collision avoidance systems for cargo worked on a bipartisan basis both on can tell my colleagues that this Con- aircraft, primarily at the urging and the Subcommittee on Aviation and at recommendation of the gentleman the full committee level on all of these gress and I personally will miss Jim from Illinois, who has worked so very issues. Coon, and I just want him to know how hard on that particular issue. Mr. Speaker, let me say in closing much I appreciate all that he has done It provides assistance for the Olym- that I believe the Aviation Trust Fund for me, for this committee, and for this pics and for the Special Olympics in should receive the same budget treat- country. Utah, transportation assistance, at the ment that this Congress has over- Mr. LIPINSKI. Mr. Speaker, I yield 3 request of the gentleman from Utah whelmingly approved for the Highway minutes to the gentlewoman from (Mr. MERRILL COOK). Trust Fund. This is a matter that has Texas (Ms. EDDIE BERNICE JOHNSON). It has whistle-blower protection for been briefly touched upon by both the Ms. EDDIE BERNICE JOHNSON of airline employees and FAA employees chairman and the gentleman from Illi- Texas. Mr. Speaker, I thank the gen- for the first time, an issue that our nois. tleman for yielding me this time, and I friends the gentleman from New York The fact is that under the new avia- want to congratulate the chairman and (Mr. BOEHLERT) and the gentleman tion tax system, we are bringing in the entire leadership of the committee from South Carolina (Mr. CLYBURN) about $10 billion per year into the and staff on this important legislation. have worked on very, very hard. Aviation Trust Fund. Over a 5-year pe- In the face of conflicting pressures It includes a deed restriction removal riod, the Congressional Budget Office and demands, the committee has suc- for the airport at Newport News, Vir- estimates that we will have a $40 bil- ceeded in crafting a carefully balanced ginia, at the request of one of our com- lion cash surplus in the trust fund. measure that will benefit the Nation’s mittee members, the gentleman from Some experts predict that estimates airports and our entire air transpor- Virginia (Mr. BATEMAN). for airport improvements across the tation system. In particular, I would It begins the elimination of the bogus country are about $10 billion per year, like to commend the chairman for the parts problem, at the request of the or $50 billion over that 5-year period. provision in this bill broadening the gentleman from Oregon (Mr. DEFAZIO). The $1.7 billion appropriated for the eligibility for terminal construction It has other provisions that I will not AIP program is not enough to meet work using revenues from passenger fa- really go into at this time, but we did those needs. Air passenger traffic and cility charges. The provision will sure- try to accommodate a great many air cargo traffic are both shooting way ly make it easier for airports to pro- Members who have made requests in up every year to record levels, and the vide facilities for smaller air carriers this legislation. $1.2 billion collected from the pas- seeking to offer competitive service. As the gentleman from Pennsylvania senger facility charge each year does I want to be certain that I am correct (Mr. SHUSTER) said, this is a must-pass not go very far or far enough for these in my understanding of the way in bill because the authorization for the expensive projects. which the committee intends for this AIP program expires on September Although some members of the Com- provision to function. 30th of this year, and without this au- mittee on Transportation and Infra- Mr. SHUSTER. Mr. Speaker, will the thorization, no airports will be able to structure support increasing the pas- gentlewoman yield? receive needed safety and security senger facility service charge, and I Ms. EDDIE BERNICE JOHNSON of funding. agree that airports certainly need more Texas. I yield to the gentleman from We have also included in this bill $5 financial assistance, this bill does not Pennsylvania. million for the National Safe Skies Al- raise the current $3 PFC. But I also be- Mr. SHUSTER. I will be happy to try liance, which will test and evaluate lieve we should wait until next year so to respond to the gentlewoman, Mr. state-of-the-art security equipment, in- we can all work together to fundamen- Speaker. cluding explosive detection systems. tally change the way in which our Ms. EDDIE BERNICE JOHNSON of The National Safe Skies Alliance will aviation system is funded. The gen- Texas. Mr. Speaker, I want to confirm certainly produce results that eventu- tleman from Pennsylvania has rec- that the committee intends for the ally will improve the safety and secu- ommended that we make next year the FAA to allow an airport applicant to rity at airports all across this Nation. ‘‘year of aviation’’ in our committee, use this provision for either a stand- H.R. 4057 includes a provision that and I certainly believe that we will do alone terminal structure or for that seeks to promote safety and quiet in that and that we should do that. pro-rata portion of a terminal to be H7034 CONGRESSIONAL RECORD — HOUSE August 4, 1998 used by any air carrier having less This year should have been the cul- I want to thank the gentleman from than 50 percent of the scheduled pas- mination of our effort. With a com- Pennsylvania (Mr. SHUSTER), the gen- senger traffic at the airport. promise that we had worked out, and tleman from Tennessee (Mr. DUNCAN), Mr. SHUSTER. If the gentlewoman keeping the ban in place, we would the gentleman from Minnesota (Mr. will continue to yield, that is correct. have allowed Denver to proceed with OBERSTAR), and the gentleman from Il- For example, if 25 percent of a new ter- the necessary environmental updates linois (Mr. LIPINSKI) for their support minal building is to be used by eligible for the sixth runway so they would not in recognizing this and recognizing the carriers, all the costs associated with have lost time. We would have kept fact that putting a ban on a sixth run- the gates and the boarding areas, and Denver at the table, though, by having way does not solve these noise issues at least 25 percent of the building’s a ban on. With additional language in- but merely stunts the economic growth total shell, including heating, ventila- structing the FAA to address this prob- in the Front Range of Colorado. tion, air conditioning, fuel lines and re- lem, we would have had a real chance I look forward to working with the lated construction costs, will be eligi- to solve the problem. Now, with the Committee on Transportation and In- ble for PFC funding under this provi- language in this bill, I am afraid it will frastructure and with this committee sion. be much more difficult to obtain relief in the future to make sure that the Ms. EDDIE BERNICE JOHNSON of for the people around DIA. sixth runway is constructed, that it is Texas. Mr. Speaker, I thank the chair- I know that the chairmen, the main adequately funded, and I also look for- man. It is gratifying to have his con- committee chairman and the sub- ward to working with my colleagues firmation of my understanding of the committee chairman, they do not un- from the rest of the Colorado delega- intent of this provision. derstand, probably, how difficult it has tion to make sure that we eliminate as Mr. SHUSTER. Mr. Speaker, I yield 3 been to work with Denver on this situ- much as possible any noise. minutes to the gentleman from Colo- ation and to get them to the table and I will say that Denver and my office rado (Mr. HEFLEY). to make them look at the problems remain committed to making sure that Mr. HEFLEY. Mr. Speaker, I thank that they have created for the sur- the noise problems are eliminated as the chairman for yielding me this rounding counties. much as possible, and I look forward to time. I support the basic purpose of b 1130 getting on with the construction of this bill. I think it is a good bill. I this sixth runway. think it is a needed bill. And I hate to We were able to do that, and I am Mr. SHUSTER. Mr. Speaker, I yield 2 inject any kind of a negative note into very disappointed that the ban is lifted minutes to the distinguished gen- it, but I must rise today on behalf of in this legislation. If you would have tleman from Connecticut (Mr. SHAYS). the people around Denver International given us one more year, I think we Mr. SHAYS. Mr. Speaker, I thank the Airport. would have gotten the problem solved gentleman for yielding time. For several years now we have had a and we would have all been supportive ban on the building of a sixth runway and there would not have been any Mr. Speaker, on December 24, 1996, a at DIA. This bill effectively lifts that problem. Learjet with Pilot Johan Schwartz, ban. I have long felt that it is impor- I thank the gentleman from Ten- who was 31, of Westport, Connecticut, tant to maintain the ban on the sixth nessee (Mr. DUNCAN) and others for the and Patrick Hayes, 30, of Clinton, Con- runway until Denver and the FAA do efforts they have made to try to assist necticut, lost contact with the control all they can to relieve the noise prob- me in this matter. tower at the Lebanon, New Hampshire lems of the people surrounding the air- This being said, however, I cannot Airport. port. allow this measure to pass the House Despite efforts by the Federal Gov- These are not people who built their floor without voicing my opposition to ernment, New Hampshire State and homes next to an airport. These are the DIA provision lifting the ban. local authorities, and Connecticut au- people who chose to live in outlying Mr. LIPINSKI. Mr. Speaker, I yield 2 thorities, a number of extremely well counties, some of them as many as 25, minutes to the gentlewoman from Col- organized ground searches failed to lo- 30 miles away, Douglas County being orado (Ms. DEGETTE). cate the two gentlemen or the airplane. one of them that I represent, because Ms. DeGETTE. Mr. Speaker, the Den- Their airplane did not have an ELT, an these are relatively quiet, rural set- ver International Airport has now been emergency locator transmitter device, tings. For many of the residents that constructed for about 3 years, but it is and this plane has never been found. was the number one reason for living in like building an airport with one hand Countless time and money was spent these communities. tied behind your back because we do trying to locate these two individuals But Denver decided they needed a not have a runway that can adequately and to locate the plane. This is because new airport. They decided to put the handle international traffic and the they did not have an ELT. airport far away from their own popu- international business development in I would like to see provisions from lation. Now my constituents, and many Denver and the Front Range. H.R. 664 to require emergency locator others who never had a vote on wheth- My esteemed senior colleague to the transmitters, ELTs, on fixed wing civil er to approve this new airport, are the south says that there are problems aircraft included in H.R. 4057, the Air- ones paying the noise price that a big with noise at the airport, and that is port Improvement Program Reauthor- airport like this brings. true. There are always noise issues ization Act. ELT provisions are in- When we went to Denver to ask them around every airport, and Denver has cluded in section 504 of the Senate ver- to help us solve this problem, they done everything in their power to re- sion of the bill, S. 2279, the National said, ‘‘It is not our problem. We didn’t duce the noise as much as possible. Air Transportation System Improve- consider this an Environmental Impact I will point out to my colleague that ment Act, and I would look forward to Statement. That is your problem. We the residents, many of whom live in working with the gentleman from are not going to worry about it.’’ the district of the gentleman from Col- Pennsylvania (Chairman SHUSTER) and Because of the ban on the sixth run- orado (Mr. BOB SCHAFFER), none that I the gentleman from Tennessee (Chair- way, we were able to bring Denver to know of who live in my colleague to man DUNCAN) about the possibility of the table. It gave us leverage to bring the south’s district, voted to approve adding this important provision in the Denver to the table to help try to solve the airport in the beginning. This was conference report. the problem. In fact, the city of Denver not an airport that was thrust upon The bottom line is, an ELT plays a jointly funded a noise study with the them. Under the Colorado constitution, vital role in search efforts, where tim- surrounding communities, and that they had to vote to approve it. ing is so critical in any rescue mission. study shows that changes could be Denver has worked assiduously and These men may have been alive for a made to the airport’s flight paths to re- intends to continue to work assidu- period of time, yet we could never find duce the noise problems. That study ously to make sure that all noise prob- them. The cost of these devices ranges would never have been done if we had lems associated with DIA are reduced from approximately $500 to $2,500, al- not had a ban on the additional run- to the greatest extent possible, if not though less costly technology is now way. eliminated. evolving. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7035

I hope that this provision will be Ms. BROWN of Florida. Mr. Speaker, from Tennessee (Mr. DUNCAN), that ex- added in the conference report. I under- first of all let me thank the full com- ample is certainly picked up by the en- stand it is not in this bill. I do support mittee chairman, the gentleman from tire staff on the Subcommittee on the bill and look forward to voting for Pennsylvania (Mr. SHUSTER); the rank- Aviation, and they worked very closely it, but hope in conference we can add ing member, the gentleman from Min- together to produce what they believe an ELT provision. nesota (Mr. OBERSTAR); the subcommit- is the best legislation for the American The SPEAKER pro tempore (Mr. tee chairman, the gentleman from Ten- flying public. DICKEY). Before recognizing anyone nessee (Mr. DUNCAN); and the ranking I would like to say that I certainly else, the Chair would like to state that member, the gentleman from Illinois do not know Jim Coon as well as the the gentleman from Pennsylvania (Mr. (Mr. LIPINSKI), for their work in gentleman from Tennessee (Mr. DUN- SHUSTER) has 3 minutes remaining, and crafting this legislation and including CAN) does. But in the opportunity I the gentleman from Illinois (Mr. LIPIN- elements that will be beneficial to all have had to get to know him, I have SKI) has 12 minutes remaining. of our Nation’s airports, including the found him to be not only entirely pro- Mr. LIPINSKI. Mr. Speaker, I yield 2 ones in my home State of Florida. fessional in everything he does but minutes to the gentleman from Vir- I am pleased with the funding level in really a down-to-earth, very nice gen- ginia (Mr. MORAN). this bill. The capital improvement and tleman, and I wish him well in his new Mr. MORAN of Virginia. Mr. Speak- safety costs associated with air service position. I am sorry to lose him from er, I rise in support of this Airport Im- are enormous, especially for smaller the Subcommittee on Aviation. But, as provement Reauthorization Act. regional airports. And the Federal Gov- I have said to others, we have to go on I thank the chairman and the rank- ernment, as well as State and local and enjoy life and better ourselves. ing member for crafting thoughtful and government, must be partners to en- So let me just say this is a great bill. responsive legislation that will help re- sure the safest, most efficient air serv- Let us hope that we get unanimous vitalize the Federal Aviation Adminis- ice. support for it. tration while reauthorizing Federal The aviation industry is critical to Mr. Speaker, I yield back the balance aviation programs, but I am concerned the economic well-being of Florida. Or- of my time. Mr. SHUSTER. Mr. Speaker, I yield about provisions in the Senate bill that lando will soon be hailing 30 million take us a step back and would bring myself such time as I may consume. passengers a year, and 35 million pas- I certainly join with these other dis- controversy and invite opposition to sengers and 2.9 tons of cargo will be tinguished leaders on our committee in this important legislation by increas- coming through Miami’s International wishing Mr. Coon the very best in his ing the number of flights to the four Airport, which is known as the ‘‘Hub of future. He certainly has performed in slot-controlled airports. the Americas.’’ Jacksonville is a key an outstanding fashion on our commit- In the case of Washington National intermodal location for air service, tee. Airport, the Senate legislation would shipping, and rail; and these all di- Mr. Speaker, I include for the add an additional 24 slots to this con- rectly and indirectly support the mili- RECORD the letters between the Com- gested airport and lift the perimeter tary presence in north Florida. mittee on Transportation and Infra- rule, permitting half of those slots to We on the Committee on Transpor- structure and the Committee on Ways fly beyond the current 1,250-mile pe- tation and Infrastructure all know the and Means concerning the committees’ rimeter restriction. A change in the pe- importance of the role aviation plays respective jurisdiction over H.R. 4057: rimeter rule would result in a cutback in our community and for our econ- COMMITTEE ON TRANSPORTATION AND in locations currently served by Na- omy. INFRASTRUCTURE, HOUSE OF REP- tional within the perimeter and ad- This is a good bill which will expand RESENTATIVES versely affect the development of the the military airport program and in- Washington, DC, August 4, 1998. Washington area’s three commercial cludes whistle blower protection for Hon. BILL ARCHER, airports. airline employees who provide informa- Chairman, House Committee on Ways and Over time, short-range service to cit- tion on safety violations. Means, House of Representatives, Washing- ton, DC. ies that generate less than $20 million Yesterday, I spoke to the Florida DEAR BILL: Thank you for your letter re- in revenue would be displaced and the Airport Manager’s Association, more garding the provisions in H.R. 4057, the Air- number of transcontinental flights op- than 700 people present in Miami at port Improvement Program Reauthorization erating out of Dulles, which has plenty their annual conference, and they Act. This bill was reported on Monday, July of room for expansion, would decline. strongly support the AIP program and 20, 1998, by the Committee on Transportation Thus, the substantial investment made this bill. and Infrastructure. There are several provisions which are of at both National and Dulles by the tax- I thank the committee’s leadership interest to your Committee, and I appreciate payers, the Federal Aviation Adminis- for getting this bill to the floor and I your willingness to expedite consideration of tration and the aviation community urge my colleagues to support it. the legislation. We have, as you requested, would become substantially devalued. Mr. LIPINSKI. Mr. Speaker, I yield included language supplied by your Commit- In 1986 the Washington region made a myself the balance of the time. tee regarding the aviation trust fund provi- contract with the Congress that the I just want to say in closing that, as sions. In addition, the provision in our bill Washington region would take over usual, working with the gentleman encouraging innovative financing with Air- both the funding and operational re- from Tennessee (Mr. DUNCAN), chair- port Improvement Program grants includes sponsibility for its airports. It was man of the subcommittee, has been a language which clearly does not modify the Internal Revenue Code. signed by President Reagan. The region great pleasure. No one could be more Thank you for your continued cooperation fulfilled its part of the bargain. We cooperative, understanding, and toler- on these matters. As you requested, your came up with the money. We remod- ant than the chairman of the sub- original letter and this response will be eled all of the airports. It is working committee or the full committee. It is placed in the Record during consideration of fine. a real joy to work with the gentleman the bill on the House Floor. Now Congress should not renege on from Tennessee (Mr. DUNCAN), not only With kind regards, I remain, its part of the bargain. And that is why on this bill but all the time, in regards Sincerely, BUD SHUSTER, I urge the chairman and ranking mem- to aviation matters. I also want to ex- Chairman. ber of the Committee on Transpor- press my sincere appreciation to the tation and Infrastructure to remain gentleman from Pennsylvania (Mr. COMMITTEE ON WAYS AND MEANS, firm and oppose the addition of any SHUSTER) for his interest in this legis- HOUSE OF REPRESENTATIVES, Senate language altering the number lation, and to the gentleman from Min- Washington, DC, July 31, 1998. of flights or the current perimeter rule nesota (Mr. OBERSTAR), the ranking Hon. BUD SHUSTER, that governs the operation of Washing- member of the full committee. Chairman, House Committee on Transportation In closing I would like to say that, as and Infrastructure, Rayburn House Office ton National Airport. Building, Washington, DC. Mr. LIPINSKI. Mr. Speaker, I yield 2 usual, the staff on both sides have done DEAR BUD: I understand that on Monday, minutes to the gentlewoman from an outstanding job. The cooperation July 20, 1998, the Committee on Transpor- Florida (Ms. BROWN). that is put forth by the gentleman tation and Infrastructure reported H.R. 4057, H7036 CONGRESSIONAL RECORD — HOUSE August 4, 1998 providing for a one-year reauthorization of (1) by striking ‘‘October 1, 1998’’ and insert- however, when it comes to pollution resulting the Airport Improvement Program. ing ‘‘October 1, 1999’’, and from aircraft it is the FAA. This wasn't always As you know, the Trust Fund Code in- (2) by inserting before the semicolon at the the case. Previously, the Office of Noise cludes specific provisions within the jurisdic- end of subparagraph (A) the following ‘‘or tion of the Committee on Ways and Means the Airport Improvement Program Reau- Abatement and Control in the EPA was re- which govern trust fund expenditure author- thorization Act of 1998’’. sponsible for coordinating federal noise abate- ity and which limit purposes for which trust (a) LIMITATION ON EXPENDITURE AUTHOR- ment activities, updating and developing new fund moneys may be spent. Statutorily, the ITY.—Section 9502 of such Code is amended noise standards, and promoting research and Committee on Ways and Means generally has by adding at the end the following new sub- education on the impacts of noise pollution. limited expenditures by cross-referencing section: This office was eliminated in 1982. I believe provisions of authorizing legislation. Cur- ‘‘(f) LIMITATION ON TRANSFERS TO TRUST the FAA has a strong disincentive for effec- rently, the Trust Fund Code provisions allow FUND.— tively handing aircraft pollution because their ‘‘(1) IN GENERAL.—Except as provided in expenditures from the Airport and Airway main function is to expand and promote avia- Trust Fund before October 1, 1998. C-Simi- paragraph (2), no amount may be appro- larly, the Trust Fund Code approves all ex- priated or credited to the Airport and Air- tion. On the other hand, the EPA is in a much penditures from the Airport and Airway way Trust Fund on an after the date of any better position to fairly analyze pollution from Trust Fund permitted under previously en- expenditure from the Airport and Airway aircraft and thus effectively implement policy acted authorization Acts, most recently the Trust Fund which is not permitted by this to deal with these impacts, because its chief Federal Aviation Reauthorization Act of section. the determination of whether an ex- objective is to protect people against dan- 1996, as in effect on the date of enactment of penditure is so permitted shall be made with- gerous environmental problems. I feel the bill the 1996 Act. out regard to— should have transferred these powers from the ‘‘(A) any provision of law which is not con- I now understand that you are seeking to FAA to EPA in order to properly study and have H.R. 4057 considered by the House as tained or referenced in this title or in a reve- early as next week. In addition, I have been nue Act, and better protect citizens in my district and others informed that your Committee will seek a ‘‘(B) whether such provision of law is a from aviation pollution. Manager’s or Committee amendment to the subsequently enacted provision or directly or Second, I would like to have seen the bill bill which will include language I am supply- indirectly seeks to waive the application of set aside more funds to directly compensate ing (attached) to address the necessary trust this subsection. the public for the damage that it will have on fund provisions. ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— their lives. A study has determined that the im- The amendment would extend until Octo- Paragraph (1) shall not apply to any expendi- pact that the proposed 3rd runway would have ber 1, 1999, the general expenditure authority ture to liquidate any contract entered into on my constituents is around $4 billion, but the and purposes of the Airport and Airway (or for any amount otherwise obligated) be- Trust Fund contained in section 9502(d) and fore October 1, 1999, in accordance with the plan by the Ports includes only $50 million in would provide that, generally, expenditures provisions of this section.’’. mitigation costs. This is clearly unfair. The citi- zens of communities surrounding the airport from the Airport and Airway Trust Fund Mr. ADAM SMITH of Washington. Mr. would have to bear the brunt of mitigating the may occur only as provided in the Internal Speaker, I would like to take some time to talk Revenue Code. environmental problems surrounding the pro- about some of my concerns regarding H.R. I note also that Section 106 of the bill posed project, despite having very little impute 4057, the Airport Improvement Program Reau- would preclude the implementation of an in- and decision making authority. I feel that the thorization Act. I recognize that this bill funds novative financing technique which gives bill could have authorized more money for the rise to a direct or indirect federal guarantee some very important and critical programs, in- use of directly compensating individuals im- of any airport debt instrument. Subject to cluding operation and maintenance of the air pacted by new construction for areas like my narrow exceptions grandfathering programs traffic control system, safety inspections, and district. in existence in 1984, the Internal Revenue other Federal Aviation Administration (FAA) Code prohibits the combination of tax-ex- Third, I'm very concerned about the lack of emption on state and local bond interest and activities. It does an adequate job ensuring congressional and local input in the decision direct or indirect federal guarantees. Section that our airports and airways are safe and effi- making authority for approving FAA discre- 106 of HR 4057 does not modify this Code pro- cient. tionary grants for new airport construction. hibition. Therefore, if the Department of Mr. Speaker, I've had personal experience While I understand the meaning of a discre- Transportation guarantees an authorized in- with the FAA and the Airport Improvement tionary program is that the federal agency has novative financing technique and it is com- Program (AIP) as a community activist, a state the discretion in determining whether to appro- bined with tax-exempt financing in any man- Senator, and now as a member of Congress. ner violating the Code prohibition, interest priate the funds, I believe the current system In fact, I grew up about a mile from the Se- so substantially displaces legislative input that on the underlying bonds will become taxable, attle/Tacoma International Airport (SeaTac), so retroactive to the date of their issuance. it trumps the spirit of the separation of powers Based on this understanding, and in order I know how people are affected by airports of our three branches of government, which is to expedite consideration of this legislation, first hand. a critical part of our representative democracy. it will not be necessary for the Committee The Port of Seattle has been attempting to The Port of Seattle and the FAA negotiated a on Ways and Means to markup this legisla- expand SeaTac for more than nine years. Record of Decision in July of 1997, despite tion. This is being done with the further un- Over those years, I've had several problems serious objections from myself and my con- derstanding that the Committee will be with the way the Port and the FAA have dealt treated without prejudice as to its jurisdic- stituents. Our system is designed to have with this proposed expansion project. I feel members of Congress represent the concerns tional prerogatives on such or similar provi- they have severely underestimated the envi- sions in the future, and it should not be con- and interests of their home districts and thus sidered as precedent for consideration of ronmental impacts the new runway would executive decisions that impact a certain matters of jurisdictional interest to the have on local communities, including the po- group of people should only be done with the Committee on Ways and Means in the future. tential financial costs of implementation. They consideration of the opinions of the Member Finally, I would appreciate your response have also failed to adequately evaluate other who represents those people. I do not feel that to this letter, confirming this understanding potential problems, including increased traffic my concerns have not adequately been taken with respect to H.R. 4057, and would ask that that would arise from construction and the in- into consideration during this process, and I a copy of our exchange of letters on this creased noise expansion would have on local matter be placed in the Record during con- feel this is wrong. sidering of the bill on the Floor. Thank you schools and neighborhoods. Overall, I strongly Overall, I feel that the concerns of local citi- for your cooperation and assistance on this believe the FAA and the Port have shown a zens and thus Members of Congress who rep- matter. With best personal regards, disregard for the concerns of the local citizens resent them are not sufficiently taken into con- Sincerely, whom will have to bear the brunt of the nega- sideration under the AIP, and will continue to BILL ARCHER, tive results of this proposed expansion. advocate for changes to this program in the Chairman. Considering my experience with this pro- future. Therefore, I urge my colleagues to op- Enclosure. gram, I believe there are three things that pose this legislation. TITLE IX—EXTENSION OF AIRPORT AND could have been included in the legislation Mr. HALL of Ohio. Mr. Speaker, I rise in AIRWAY TRUST FUND EXPENDITURE that would have made it better for those that support of H.R. 4057, the Airport Improvement AUTHORITY live and work around our counties' airports. Program Reauthorization Act of 1998, and call SEC. 901. EXTENSION OF EXPENDITURE AUTHOR- First, I have concerns over the current execu- ITY. to the attention of my colleagues Title VII, the (a) IN GENERAL.—Paragraph (1) of section tive branch dealing with pollution from aircraft. Centennial of Flight Commemoration Act. This 9502(d) of the Internal Revenue Code of 1986 The principal agency in the federal govern- title is a modified version of H.R. 2305, a bill (relating to expenditures from Airport and ment that deals with environmental impact is I introduced with Mr. JONES of North Carolina Airway Trust Fund) is amended— the Environmental Protection Agency (EPA); and with the support of Mr. HOBSON of Ohio. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7037 The measure creates a limited, seven-mem- The Clerk read as follows: same meanings as in section 101 of the Federal ber federal commission to help plan and co- Strike out all after the enacting clause and Credit Union Act; and ordinate the national celebration of the 100th insert: (5) the term ‘‘Secretary’’ means the Secretary of the Treasury. anniversary of the Wright brothers' historic first SECTION 1. SHORT TITLE; TABLE OF CONTENTS. flight in 1903. (a) SHORT TITLE.—This Act may be cited as TITLE I—CREDIT UNION MEMBERSHIP The commission is charged with coordinat- the ‘‘Credit Union Membership Access Act’’. SEC. 101. FIELDS OF MEMBERSHIP. (b) TABLE OF CONTENTS.—The table of con- Section 109 of the Federal Credit Union Act ing celebration dates nationwide and maintain- tents for this Act is as follows: ing a central clearinghouse for information on (12 U.S.C. 1759) is amended— Sec. 1. Short title; table of contents. (1) in the first sentence— commemorative activities. It would also rep- Sec. 2. Findings. (A) by striking ‘‘Federal credit union member- resent the United States in international com- Sec. 3. Definitions. ship shall consist of’’ and inserting ‘‘(a) IN GEN- memorations for the Wright brothers. TITLE I—CREDIT UNION MEMBERSHIP ERAL.—Subject to subsection (b), Federal credit The commission is similar to ones estab- Sec. 101. Fields of membership. union membership shall consist of’’; and lished by Congress to celebrate the anniver- Sec. 102. Criteria for approval of expansion of (B) by striking ‘‘, except that’’ and all that saries of the American Revolution, Constitu- membership of multiple common- follows through ‘‘rural district’’; and tion, discovery of America by Christopher Co- bond credit unions. (2) by adding at the end the following new lumbus, birth of Thomas Jefferson, and others. Sec. 103. Geographical guidelines for commu- subsections: H.R. 2305 is cosponsored by almost all the nity credit unions. ‘‘(b) MEMBERSHIP FIELD.—Subject to the other members of the Ohio and North Carolina dele- TITLE II—REGULATION OF CREDIT provisions of this section, the membership of any UNIONS Federal credit union shall be limited to the mem- gations. This is fitting, because the Wright bership described in 1 of the following cat- Sec. 201. Financial statement and audit re- brothers carried out their famous flight in Kitty egories: quirements. Hawk, North Carolina, and they lived and con- ‘‘(1) SINGLE COMMON-BOND CREDIT UNION.—1 Sec. 202. Conversion of insured credit unions. structed their airplane in Dayton, Ohio. Sec. 203. Limitation on member business loans. group that has a common bond of occupation or Mr. Speaker, it is hard to imagine a techno- Sec. 204. National Credit Union Administration association. logical achievement that affected our world Board membership. ‘‘(2) MULTIPLE COMMON-BOND CREDIT more than the conquest of flight. The first flight Sec. 205. Report and congressional review re- UNION.—More than 1 group— by Orville and Wilbur Wright represents the quirement for certain regulations. ‘‘(A) each of which has (within the group) a common bond of occupation or association; and TITLE III—CAPITALIZATION AND NET fulfillment of the age-old dream of flying and it ‘‘(B) the number of members of each of which WORTH OF CREDIT UNIONS has dramatically changed the course of trans- (at the time the group is first included within portation, commerce, communication and war- Sec. 301. Prompt corrective action. the field of membership of a credit union de- fare. It is therefore fitting that we honor the Sec. 302. National credit union share insurance scribed in this paragraph) does not exceed any Wright brothers and their achievements in this fund equity ratio, available assets numerical limitation applicable under sub- fashion. ratio, and standby premium section (d). charge. ‘‘(3) COMMUNITY CREDIT UNION.—Persons or I wish to thank the chairman and ranking Sec. 303. Access to liquidity. minority member of the Committee on Trans- organizations within a well-defined local com- TITLE IV—MISCELLANEOUS PROVISIONS portation and Infrastructure and the Sub- munity, neighborhood, or rural district. Sec. 401. Study and report on differing regu- ‘‘(c) EXCEPTIONS.— committee on Aviation for their support. ‘‘(1) GRANDFATHERED MEMBERS AND GROUPS.— Mr. SHUSTER. Mr. Speaker, I urge latory treatment. Sec. 402. Update on review of regulations and ‘‘(A) IN GENERAL.—Notwithstanding sub- passage of the bill, and I yield back the paperwork reductions. section (b)— balance of my time. Sec. 403. Treasury report on reduced taxation ‘‘(i) any person or organization that is a mem- The SPEAKER pro tempore. The and viability of small banks. ber of any Federal credit union as of the date of question is on the motion offered by SEC. 2. FINDINGS. enactment of the Credit Union Membership Ac- the gentleman from Pennsylvania (Mr. The Congress finds the following: cess Act may remain a member of the credit SHUSTER) that the House suspend the (1) The American credit union movement union after that date of enactment; and rules and pass the bill, H.R. 4057, as began as a cooperative effort to serve the pro- ‘‘(ii) a member of any group whose members ductive and provident credit needs of individ- constituted a portion of the membership of any amended. Federal credit union as of that date of enact- The question was taken; and (two- uals of modest means. (2) Credit unions continue to fulfill this public ment shall continue to be eligible to become a thirds having voted in favor thereof) purpose, and current members and membership member of that credit union, by virtue of mem- the rules were suspended and the bill, groups should not face divestiture from the fi- bership in that group, after that date of enact- as amended, was passed. nancial services institution of their choice as a ment. A motion to reconsider was laid on result of recent court action. ‘‘(B) SUCCESSORS.—If the common bond of any the table. (3) To promote thrift and credit extension, a group referred to in subparagraph (A) is defined f meaningful affinity and bond among members, by any particular organization or business en- manifested by a commonality of routine inter- tity, subparagraph (A) shall continue to apply GENERAL LEAVE action, shared and related work experiences, in- with respect to any successor to the organiza- Mr. SHUSTER. Mr. Speaker, I ask terests, or activities, or the maintenance of an tion or entity. unanimous consent that all Members otherwise well-understood sense of cohesion or ‘‘(2) EXCEPTION FOR UNDERSERVED AREAS.— identity is essential to the fulfillment of the pub- Notwithstanding subsection (b), in the case of a may have 5 legislative days within lic mission of credit unions. Federal credit union, the field of membership which to revise and extend their re- (4) Credit unions, unlike many other partici- category of which is described in subsection marks and to include extraneous mate- pants in the financial services market, are ex- (b)(2), the Board may allow the membership of rial on H.R. 4057, as amended. empt from Federal and most State taxes because the credit union to include any person or orga- The SPEAKER pro tempore. Is there they are member-owned, democratically oper- nization within a local community, neighbor- objection to the request of the gen- ated, not-for-profit organizations generally hood, or rural district if— tleman from Pennsylvania? managed by volunteer boards of directors and ‘‘(A) the Board determines that the local com- There was no objection. because they have the specified mission of meet- munity, neighborhood, or rural district— ing the credit and savings needs of consumers, ‘‘(i) is an ‘investment area’, as defined in sec- f especially persons of modest means. tion 103(16) of the Community Development CREDIT UNION MEMBERSHIP (5) Improved credit union safety and sound- Banking and Financial Institutions Act of 1994 ACCESS ACT ness provisions will enhance the public benefit (12 U.S.C. 4703(16)), and meets such additional that citizens receive from these cooperative fi- requirements as the Board may impose; and Mr. LEACH. Mr. Speaker, I move to nancial services institutions. ‘‘(ii) is underserved, based on data of the suspend the rules and concur in the SEC. 3. DEFINITIONS. Board and the Federal banking agencies (as de- Senate amendment to the bill (H.R. As used in this Act— fined in section 3 of the Federal Deposit Insur- 1151) to amend the Federal Credit (1) the term ‘‘Administration’’ means the Na- ance Act), by other depository institutions (as Union Act to clarify existing law with tional Credit Union Administration; defined in section 19(b)(1)(A) of the Federal Re- regard to the field of membership of (2) the term ‘‘Board’’ means the National serve Act); and Federal credit unions, to preserve the Credit Union Administration Board; ‘‘(B) the credit union establishes and main- (3) the term ‘‘Federal banking agencies’’ has tains an office or facility in the local commu- integrity and purpose of Federal credit the same meaning as in section 3 of the Federal nity, neighborhood, or rural district at which unions, to enhance supervisory over- Deposit Insurance Act; credit union services are available. sight of insured credit unions, and for (4) the terms ‘‘insured credit union’’ and ‘‘(d) MULTIPLE COMMON-BOND CREDIT UNION other purposes. ‘‘State-chartered insured credit union’’ have the GROUP REQUIREMENTS.— H7038 CONGRESSIONAL RECORD — HOUSE August 4, 1998

‘‘(1) NUMERICAL LIMITATION.—Except as pro- union whenever practicable and consistent with accepted accounting principle to any insured vided in paragraph (2), only a group with fewer reasonable standards for the safe and sound op- credit union is not appropriate, the Board may than 3,000 members shall be eligible to be in- eration of the credit union; and prescribe an accounting principle for applica- cluded in the field of membership category of a ‘‘(B) if the formation of a separate credit tion to the credit union that is no less stringent credit union described in subsection (b)(2). union by the group is not practicable or consist- than generally accepted accounting principles. ‘‘(2) EXCEPTIONS.—In the case of any Federal ent with the standards referred to in subpara- ‘‘(iii) DE MINIMIS EXCEPTION.—This subpara- credit union, the field of membership category of graph (A), require the inclusion of the group in graph shall not apply to any insured credit which is described in subsection (b)(2), the nu- the field of membership of a credit union that is union, the total assets of which are less than merical limitation in paragraph (1) of this sub- within reasonable proximity to the location of $10,000,000, unless prescribed by the Board or an section shall not apply with respect to— the group whenever practicable and consistent appropriate State credit union supervisor. ‘‘(A) any group that the Board determines, in with reasonable standards for the safe and ‘‘(D) LARGE CREDIT UNION AUDIT REQUIRE- writing and in accordance with the guidelines sound operation of the credit union. MENT.— and regulations issued under paragraph (3), ‘‘(2) APPROVAL CRITERIA.—The Board may not ‘‘(i) IN GENERAL.—Each insured credit union could not feasibly or reasonably establish a new approve any application by a Federal credit having total assets of $500,000,000 or more shall single common-bond credit union, the field of union, the field of membership category of have an annual independent audit of the finan- membership category of which is described in which is described in subsection (b)(2) to include cial statements of the credit union, performed in subsection (b)(1) because— any additional group within the field of mem- accordance with generally accepted auditing ‘‘(i) the group lacks sufficient volunteer and bership of the credit union (or an application by standards by an independent certified public ac- other resources to support the efficient and ef- a Federal credit union described in subsection countant or public accountant licensed by the fective operation of a credit union; (b)(1) to include an additional group and be- appropriate State or jurisdiction to perform ‘‘(ii) the group does not meet the criteria that come a credit union described in subsection those services. the Board has determined to be important for (b)(2)), unless the Board determines, in writing, ‘‘(ii) VOLUNTARY AUDITS.—If a Federal credit the likelihood of success in establishing and that— union that is not required to conduct an audit managing a new credit union, including demo- ‘‘(A) the credit union has not engaged in any under clause (i), and that has total assets of graphic characteristics such as geographical lo- unsafe or unsound practice (as defined in sec- more than $10,000,000 conducts such an audit cation of members, diversity of ages and income tion 206(b)) that is material during the 1-year for any purpose, using an independent auditor levels, and other factors that may affect the fi- period preceding the date of filing of the appli- who is compensated for his or her audit services nancial viability and stability of a credit union; cation; with respect to that audit, the audit shall be or ‘‘(B) the credit union is adequately capital- performed consistent with the accountancy laws ‘‘(iii) the group would be unlikely to operate ized; of the appropriate State or jurisdiction, includ- a safe and sound credit union; ‘‘(C) the credit union has the administrative ing licensing requirements.’’. ‘‘(B) any group transferred from another cred- capability to serve the proposed membership (b) TECHNICAL AND CONFORMING AMEND- it union— group and the financial resources to meet the MENT.—Section 202(a)(6)(B) of the Federal Cred- ‘‘(i) in connection with a merger or consolida- need for additional staff and assets to serve the it Union Act (12 U.S.C. 1782(a)(6)(B)) is amend- tion recommended by the Board or any appro- new membership group; ed by striking ‘‘subparagraph (A)’’ and insert- priate State credit union supervisor based on ‘‘(D) any potential harm that the expansion ing ‘‘subparagraph (A) or (D)’’. safety and soundness concerns with respect to of the field of membership of the credit union SEC. 202. CONVERSION OF INSURED CREDIT that other credit union; or may have on any other insured credit union and UNIONS. ‘‘(ii) by the Board in the Board’s capacity as its members is clearly outweighed in the public Section 205(b) of the Federal Credit Union Act conservator or liquidating agent with respect to interest by the probable beneficial effect of the (12 U.S.C. 1785(b)) is amended— that other credit union; or expansion in meeting the convenience and needs (1) in paragraph (1), by striking ‘‘Except with ‘‘(C) any group transferred in connection with of the members of the group proposed to be in- the prior written approval of the Board, no in- a voluntary merger, having received conditional cluded in the field of membership; and sured credit union shall’’ and inserting ‘‘Except approval by the Administration of the merger ‘‘(E) the credit union has met such additional as provided in paragraph (2), no insured credit application prior to October 25, 1996, but not requirements as the Board may prescribe, by union shall, without the prior approval of the having consummated the merger prior to Octo- regulation.’’. Board’’; ber 25, 1996, if the merger is consummated not SEC. 103. GEOGRAPHICAL GUIDELINES FOR COM- (2) by redesignating paragraph (2) as para- later than 180 days after the date of enactment MUNITY CREDIT UNIONS. graph (3); and of the Credit Union Membership Access Act. Section 109 of the Federal Credit Union Act (3) by inserting after paragraph (1) the follow- ‘‘(3) REGULATIONS AND GUIDELINES.—The (12 U.S.C. 1759) is amended by adding at the end ing new paragraph: Board shall issue guidelines or regulations, after the following new subsection: ‘‘(2) CONVERSION OF INSURED CREDIT UNIONS notice and opportunity for comment, setting ‘‘(g) REGULATIONS REQUIRED FOR COMMUNITY TO MUTUAL SAVINGS BANKS.— forth the criteria that the Board will apply in CREDIT UNIONS.— ‘‘(A) IN GENERAL.—Notwithstanding para- determining under this subsection whether or ‘‘(1) DEFINITION OF WELL-DEFINED LOCAL COM- graph (1), an insured credit union may convert not an additional group may be included within MUNITY, NEIGHBORHOOD, OR RURAL DISTRICT.— to a mutual savings bank or savings association the field of membership category of an existing The Board shall prescribe, by regulation, a defi- (if the savings association is in mutual form), as credit union described in subsection (b)(2). nition for the term ‘well-defined local commu- those terms are defined in section 3 of the Fed- ‘‘(e) ADDITIONAL MEMBERSHIP ELIGIBILITY nity, neighborhood, or rural district’ for pur- eral Deposit Insurance Act, without the prior PROVISIONS.— poses of— approval of the Board, subject to the require- ‘‘(1) MEMBERSHIP ELIGIBILITY LIMITED TO IM- ‘‘(A) making any determination with regard to ments and procedures set forth in the laws and MEDIATE FAMILY OR HOUSEHOLD MEMBERS.—No the field of membership of a credit union de- regulations governing mutual savings banks and individual shall be eligible for membership in a scribed in subsection (b)(3); and savings associations. credit union on the basis of the relationship of ‘‘(B) establishing the criteria applicable with ‘‘(B) CONVERSION PROPOSAL.—A proposal for the individual to another person who is eligible respect to any such determination. a conversion described in subparagraph (A) for membership in the credit union, unless the ‘‘(2) SCOPE OF APPLICATION.—The definition shall first be approved, and a date set for a vote individual is a member of the immediate family prescribed by the Board under paragraph (1) thereon by the members (either at a meeting to or household (as those terms are defined by the shall apply with respect to any application to be held on that date or by written ballot to be Board, by regulation) of the other person. form a new credit union, or to alter or expand filed on or before that date), by a majority of ‘‘(2) RETENTION OF MEMBERSHIP.—Except as the field of membership of an existing credit the directors of the insured credit union. Ap- provided in section 118, once a person becomes a union, that is filed with the Board after the proval of the proposal for conversion shall be by member of a credit union in accordance with date of enactment of the Credit Union Member- the affirmative vote of a majority of the members this title, that person or organization may re- ship Access Act.’’. of the insured credit union who vote on the pro- main a member of that credit union until the TITLE II—REGULATION OF CREDIT posal. person or organization chooses to withdraw UNIONS ‘‘(C) NOTICE OF PROPOSAL TO MEMBERS.—An from the membership of the credit union.’’. SEC. 201. FINANCIAL STATEMENT AND AUDIT RE- insured credit union that proposes to convert to SEC. 102. CRITERIA FOR APPROVAL OF EXPAN- QUIREMENTS. a mutual savings bank or savings association SION OF MEMBERSHIP OF MULTIPLE (a) IN GENERAL.—Section 202(a)(6) of the Fed- under subparagraph (A) shall submit notice to COMMON-BOND CREDIT UNIONS. eral Credit Union Act (12 U.S.C. 1782(a)(6)) is each of its members who is eligible to vote on the Section 109 of the Federal Credit Union Act amended by adding at the end the following matter of its intent to convert— (12 U.S.C. 1759) is amended by adding at the end new subparagraphs: ‘‘(i) 90 days before the date of the member vote the following new subsection: ‘‘(C) ACCOUNTING PRINCIPLES.— on the conversion; ‘‘(f) CRITERIA FOR APPROVAL OF EXPANSION ‘‘(i) IN GENERAL.—Accounting principles ap- ‘‘(ii) 60 days before the date of the member OF MULTIPLE COMMON-BOND CREDIT UNIONS.— plicable to reports or statements required to be vote on the conversion; and ‘‘(1) IN GENERAL.—The Board shall— filed with the Board by each insured credit ‘‘(iii) 30 days before the date of the member ‘‘(A) encourage the formation of separately union shall be uniform and consistent with gen- vote on the conversion. chartered credit unions instead of approving an erally accepted accounting principles. ‘‘(D) NOTICE OF PROPOSAL TO BOARD.—The application to include an additional group with- ‘‘(ii) BOARD DETERMINATION.—If the Board Board may require an insured credit union that in the field of membership of an existing credit determines that the application of any generally proposes to convert to a mutual savings bank or August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7039 savings association under subparagraph (A) to ‘‘(1) the term ‘member business loan’— vide such information as the Secretary may re- submit a notice to the Board of its intent to con- ‘‘(A) means any loan, line of credit, or letter quire to conduct the study required under para- vert during the 90-day period preceding the date of credit, the proceeds of which will be used for graph (1). of the completion of the conversion. a commercial, corporate or other business invest- (3) REPORT.—Not later than 12 months after ‘‘(E) INAPPLICABILITY OF ACT UPON CONVER- ment property or venture, or agricultural pur- the date of enactment of this Act, the Secretary SION.—Upon completion of a conversion de- pose; and shall submit a report to the Congress on the re- scribed in subparagraph (A), the credit union ‘‘(B) does not include an extension of credit— sults of the study conducted under paragraph shall no longer be subject to any of the provi- ‘‘(i) that is fully secured by a lien on a 1- to (1). sions of this Act. 4-family dwelling that is the primary residence SEC. 204. NATIONAL CREDIT UNION ADMINISTRA- ‘‘(F) LIMIT ON COMPENSATION OF OFFICIALS.— of a member; TION BOARD MEMBERSHIP. ‘‘(i) IN GENERAL.—No director or senior man- ‘‘(ii) that is fully secured by shares in the Section 102(b) of the Federal Credit Union Act agement official of an insured credit union may credit union making the extension of credit or (12 U.S.C. 1752a(b)) is amended— receive any economic benefit in connection with deposits in other financial institutions; (1) by striking ‘‘(b) The Board’’ and inserting a conversion of the credit union as described in ‘‘(iii) that is described in subparagraph (A), if ‘‘(b) MEMBERSHIP AND APPOINTMENT OF subparagraph (A), other than— it was made to a borrower or an associated mem- BOARD.— ‘‘(I) director fees; and ber that has a total of all such extensions of ‘‘(1) IN GENERAL.—The Board’’; and ‘‘(II) compensation and other benefits paid to credit in an amount equal to less than $50,000; (2) by adding at the end the following new ‘‘(iv) the repayment of which is fully insured directors or senior management officials of the paragraph: or fully guaranteed by, or where there is an ad- converted institution in the ordinary course of ‘‘(2) APPOINTMENT CRITERIA.— vance commitment to purchase in full by, any business. ‘‘(A) EXPERIENCE IN FINANCIAL SERVICES.—In agency of the Federal Government or of a State, considering appointments to the Board under ‘‘(ii) SENIOR MANAGEMENT OFFICIAL.—For pur- or any political subdivision thereof; or poses of this subparagraph, the term ‘senior paragraph (1), the President shall give consider- ‘‘(v) that is granted by a corporate credit management official’ means a chief executive of- ation to individuals who, by virtue of their edu- union (as that term is defined by the Board) to ficer, an assistant chief executive officer, a chief cation, training, or experience relating to a another credit union. financial officer, and any other senior executive broad range of financial services, financial serv- ‘‘(2) the term ‘net worth’— ices regulation, or financial policy, are espe- officer (as defined by the appropriate Federal ‘‘(A) with respect to any insured credit union, banking agency pursuant to section 32(f) of the cially qualified to serve on the Board. means the credit union’s retained earnings bal- ‘‘(B) LIMIT ON APPOINTMENT OF CREDIT UNION Federal Deposit Insurance Act). ance, as determined under generally accepted OFFICERS.—Not more than 1 member of the ‘‘(G) CONSISTENT RULES.— accounting principles; and Board may be appointed to the Board from ‘‘(i) IN GENERAL.—Not later than 6 months ‘‘(B) with respect to a credit union that serves among individuals who, at the time of the ap- after the date of enactment of the Credit Union predominantly low-income members, as defined Membership Access Act, the Administration pointment, are, or have recently been, involved by the Board, includes secondary capital ac- with any insured credit union as a committee shall promulgate final rules applicable to char- counts that are— ter conversions described in this paragraph that member, director, officer, employee, or other in- ‘‘(i) uninsured; and stitution-affiliated party.’’. are consistent with rules promulgated by other ‘‘(ii) subordinate to all other claims against financial regulators, including the Office of the credit union, including the claims of credi- SEC. 205. REPORT AND CONGRESSIONAL REVIEW Thrift Supervision and the Office of the Comp- REQUIREMENT FOR CERTAIN REGU- tors, shareholders, and the Fund; and LATIONS. troller of the Currency. The rules required by ‘‘(3) the term ‘associated member’ means any A regulation prescribed by the Board shall be this clause shall provide that charter conversion member having a shared ownership, investment, treated as a major rule for purposes of chapter by an insured credit union shall be subject to or other pecuniary interest in a business or com- 8 of title 5, United States Code, if the regulation regulation that is no more or less restrictive mercial endeavor with the borrower. defines, or amends the definition of— than that applicable to charter conversions by ‘‘(d) EFFECT ON EXISTING LOANS.—An insured (1) the term ‘‘immediate family or household’’ other financial institutions. credit union that has, on the date of enactment for purposes of section 109(e)(1) of the Federal ‘‘(ii) OVERSIGHT OF MEMBER VOTE.—The mem- of this section, a total amount of outstanding Credit Union Act (as added by section 101 of ber vote concerning charter conversion under member business loans that exceeds the amount this Act); or this paragraph shall be administered by the Ad- permitted under subsection (a) shall, not later (2) the term ‘‘well-defined local community, ministration, and shall be verified by the Fed- than 3 years after that date of enactment, re- neighborhood, or rural district’’ for purposes of eral or State regulatory agency that would have duce the total amount of outstanding member section 109(g) of the Federal Credit Union Act jurisdiction over the institution after the conver- business loans to an amount that is not greater (as added by section 103 of this Act). sion. If either the Administration or that regu- than the amount permitted under subsection (a). TITLE III—CAPITALIZATION AND NET latory agency disapproves of the methods by ‘‘(e) CONSULTATION AND COOPERATION WITH WORTH OF CREDIT UNIONS which the member vote was taken or procedures STATE CREDIT UNION SUPERVISORS.—In imple- applicable to the member vote, the member vote menting this section, the Board shall consult SEC. 301. PROMPT CORRECTIVE ACTION. shall be taken again, as directed by the Admin- and seek to work cooperatively with State offi- (a) IN GENERAL.—Title II of the Federal Credit istration or the agency.’’. cials having jurisdiction over State-chartered in- Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: SEC. 203. LIMITATION ON MEMBER BUSINESS sured credit unions.’’. LOANS. (b) STUDY AND REPORT.— ‘‘SEC. 216. PROMPT CORRECTIVE ACTION. (1) STUDY.—The Secretary shall conduct a (a) IN GENERAL.—The Federal Credit Union ‘‘(a) RESOLVING PROBLEMS TO PROTECT Act (12 U.S.C. 1701 et seq.) is amended by insert- study of member business lending by insured FUND.— ing after section 107 the following new section: credit unions, including— ‘‘(1) PURPOSE.—The purpose of this section is (A) an examination of member business lend- to resolve the problems of insured credit unions ‘‘SEC. 107A. LIMITATION ON MEMBER BUSINESS ing over $500,000 and under $50,000, and a LOANS. at the least possible long-term loss to the Fund. breakdown of the types and sizes of businesses ‘‘(2) PROMPT CORRECTIVE ACTION REQUIRED.— ‘‘(a) IN GENERAL.—On and after the date of that receive member business loans; The Board shall carry out the purpose of this enactment of this section, no insured credit (B) a review of the effectiveness and enforce- section by taking prompt corrective action to re- union may make any member business loan that ment of regulations applicable to insured credit solve the problems of insured credit unions. would result in a total amount of such loans union member business lending; ‘‘(b) REGULATIONS REQUIRED.— outstanding at that credit union at any one (C) whether member business lending by in- ‘‘(1) INSURED CREDIT UNIONS.— time equal to more than the lesser of— sured credit unions could affect the safety and ‘‘(A) IN GENERAL.—The Board shall, by regu- ‘‘(1) 1.75 times the actual net worth of the soundness of insured credit unions or the Na- lation, prescribe a system of prompt corrective credit union; or tional Credit Union Share Insurance Fund; action for insured credit unions that is— ‘‘(2) 1.75 times the minimum net worth re- (D) the extent to which member business lend- ‘‘(i) consistent with this section; and quired under section 216(c)(1)(A) for a credit ing by insured credit unions helps to meet finan- ‘‘(ii) comparable to section 38 of the Federal union to be well capitalized. cial services needs of low- and moderate-income Deposit Insurance Act. ‘‘(b) EXCEPTIONS.—Subsection (a) does not individuals within the field of membership of in- ‘‘(B) COOPERATIVE CHARACTER OF CREDIT apply in the case of— sured credit unions; UNIONS.—The Board shall design the system re- ‘‘(1) an insured credit union chartered for the (E) whether insured credit unions that engage quired under subparagraph (A) to take into ac- purpose of making, or that has a history of pri- in member business lending have a competitive count that credit unions are not-for-profit co- marily making, member business loans to its advantage over other insured depository institu- operatives that— members, as determined by the Board; or tions, and if any such advantage could affect ‘‘(i) do not issue capital stock; ‘‘(2) an insured credit union that— the viability and profitability of such other in- ‘‘(ii) must rely on retained earnings to build ‘‘(A) serves predominantly low-income mem- sured depository institutions; and net worth; and bers, as defined by the Board; or (F) the effect of enactment of this Act on the ‘‘(iii) have boards of directors that consist pri- ‘‘(B) is a community development financial in- number of insured credit unions involved in marily of volunteers. stitution, as defined in section 103 of the Com- member business lending and the overall amount ‘‘(2) NEW CREDIT UNIONS.— munity Development Banking and Financial In- of commercial lending. ‘‘(A) IN GENERAL.—In addition to regulations stitutions Act of 1994. (2) NCUA COOPERATION.—The National Credit under paragraph (1), the Board shall, by regu- ‘‘(c) DEFINITIONS.—As used in this section— Union Administration shall, upon request, pro- lation, prescribe a system of prompt corrective H7040 CONGRESSIONAL RECORD — HOUSE August 4, 1998 action that shall apply to new credit unions in increase or decrease in the required minimum determines that the plan is based on realistic as- lieu of this section and the regulations pre- level for the leverage limit also justifies the ad- sumptions and is likely to succeed in restoring scribed under paragraph (1). justment in net worth ratios; and the net worth of the credit union. ‘‘(B) CRITERIA FOR ALTERNATIVE SYSTEM.— ‘‘(ii) determines that the resulting net worth ‘‘(g) RESTRICTIONS ON UNDERCAPITALIZED The Board shall design the system prescribed ratios are sufficient to carry out the purpose of CREDIT UNIONS.— under subparagraph (A)— this section. ‘‘(1) RESTRICTION ON ASSET GROWTH.—An in- ‘‘(i) to carry out the purpose of this section; ‘‘(C) TRANSITION PERIOD REQUIRED.—If the sured credit union that is undercapitalized shall ‘‘(ii) to recognize that credit unions (as co- Board increases any net worth ratio under this not generally permit its average total assets to operatives that do not issue capital stock) ini- paragraph, the Board shall give insured credit increase, unless— tially have no net worth, and give new credit unions a reasonable period of time to meet the ‘‘(A) the Board has accepted the net worth unions reasonable time to accumulate net increased ratio. restoration plan of the credit union for that ac- worth; ‘‘(d) RISK-BASED NET WORTH REQUIREMENT tion; ‘‘(B) any increase in total assets is consistent ‘‘(iii) to create adequate incentives for new FOR COMPLEX CREDIT UNIONS.— with the net worth restoration plan; and credit unions to become adequately capitalized ‘‘(1) IN GENERAL.—The regulations required ‘‘(C) the net worth ratio of the credit union by the time that they either— under subsection (b)(1) shall include a risk- increases at a rate that is consistent with the ‘‘(I) have been in operation for more than 10 based net worth requirement for insured credit net worth restoration plan. years; or unions that are complex, as defined by the ‘‘(2) RESTRICTION ON MEMBER BUSINESS ‘‘(II) have more than $10,000,000 in total as- Board based on the portfolios of assets and li- LOANS.—Notwithstanding section 107A(a), an sets; abilities of credit unions. insured credit union that is undercapitalized ‘‘(iv) to impose appropriate restrictions and ‘‘(2) STANDARD.—The Board shall design the may not make any increase in the total amount requirements on new credit unions that do not risk-based net worth requirement to take ac- of member business loans (as defined in section make sufficient progress toward becoming ade- count of any material risks against which the 107A(c)) outstanding at that credit union at any quately capitalized; and net worth ratio required for an insured credit one time, until such time as the credit union be- ‘‘(v) to prevent evasion of the purpose of this union to be adequately capitalized may not pro- comes adequately capitalized. section. vide adequate protection. ‘‘(h) MORE STRINGENT TREATMENT BASED ON ‘‘(c) NET WORTH CATEGORIES.— ‘‘(e) EARNINGS-RETENTION REQUIREMENT AP- OTHER SUPERVISORY CRITERIA.—With respect to ‘‘(1) IN GENERAL.—For purposes of this section PLICABLE TO CREDIT UNIONS THAT ARE NOT the exercise of authority by the Board under the following definitions shall apply: WELL CAPITALIZED.— regulations comparable to section 38(g) of the ‘‘(A) WELL CAPITALIZED.—An insured credit ‘‘(1) IN GENERAL.—An insured credit union Federal Deposit Insurance Act— union is ‘well capitalized’ if— that is not well capitalized shall annually set ‘‘(1) the Board may not reclassify an insured ‘‘(i) it has a net worth ratio of not less than aside as net worth an amount equal to not less credit union into a lower net worth category, or 7 percent; and than 0.4 percent of its total assets. treat an insured credit union as if it were in a ‘‘(ii) it meets any applicable risk-based net ‘‘(2) BOARD’S AUTHORITY TO DECREASE EARN- lower net worth category, for reasons not per- worth requirement under subsection (d). INGS-RETENTION REQUIREMENT.— taining to the safety and soundness of that ‘‘(B) ADEQUATELY CAPITALIZED.—An insured ‘‘(A) IN GENERAL.—The Board may, by order, credit union; and credit union is ‘adequately capitalized’ if— decrease the 0.4 percent requirement in para- ‘‘(2) the Board may not delegate its authority ‘‘(i) it has a net worth ratio of not less than graph (1) with respect to a credit union to the to reclassify an insured credit union into a 6 percent; and extent that the Board determines that the de- lower net worth category or to treat an insured ‘‘(ii) it meets any applicable risk-based net crease— credit union as if it were in a lower net worth worth requirement under subsection (d). ‘‘(i) is necessary to avoid a significant re- category. ‘‘(C) UNDERCAPITALIZED.—An insured credit demption of shares; and ‘‘(i) ACTION REQUIRED REGARDING CRITICALLY union is ‘undercapitalized’ if— ‘‘(ii) would further the purpose of this section. UNDERCAPITALIZED CREDIT UNIONS.— ‘‘(i) it has a net worth ratio of less than 6 per- ‘‘(B) PERIODIC REVIEW REQUIRED.—The Board ‘‘(1) IN GENERAL.—The Board shall, not later cent; or shall periodically review any order issued under than 90 days after the date on which an insured ‘‘(ii) it fails to meet any applicable risk-based subparagraph (A). credit union becomes critically undercapital- net worth requirement under subsection (d). ‘‘(f) NET WORTH RESTORATION PLAN RE- ized— ‘‘(D) SIGNIFICANTLY UNDERCAPITALIZED.—An QUIRED.— ‘‘(A) appoint a conservator or liquidating insured credit union is ‘significantly under- ‘‘(1) IN GENERAL.—Each insured credit union agent for the credit union; or capitalized’— that is undercapitalized shall submit an accept- ‘‘(B) take such other action as the Board de- ‘‘(i) if it has a net worth ratio of less than 4 able net worth restoration plan to the Board termines would better achieve the purpose of percent; or within the time allowed under this subsection. this section, after documenting why the action ‘‘(ii) if— ‘‘(2) ASSISTANCE TO SMALL CREDIT UNIONS.— would better achieve that purpose. ‘‘(I) it has a net worth ratio of less than 5 per- The Board (or the staff of the Board) shall, ‘‘(2) PERIODIC REDETERMINATIONS REQUIRED.— cent; and upon timely request by an insured credit union Any determination by the Board under para- graph (1)(B) to take any action with respect to ‘‘(II) it— with total assets of less than $10,000,000, and an insured credit union in lieu of appointing a ‘‘(aa) fails to submit an acceptable net worth subject to such regulations or guidelines as the conservator or liquidating agent shall cease to restoration plan within the time allowed under Board may prescribe, assist that credit union in be effective not later than the end of the 180-day subsection (f); or preparing a net worth restoration plan. period beginning on the date on which the de- ‘‘(bb) materially fails to implement a net ‘‘(3) DEADLINES FOR SUBMISSION AND REVIEW termination is made, and a conservator or liq- worth restoration plan accepted by the Board. OF PLANS.—The Board shall, by regulation, es- uidating agent shall be appointed for that credit ‘‘(E) CRITICALLY UNDERCAPITALIZED.—An in- tablish deadlines for submission of net worth union under paragraph (1)(A), unless the Board sured credit union is ‘critically undercapital- restoration plans under this subsection that— makes a new determination under paragraph ized’ if it has a net worth ratio of less than 2 ‘‘(A) provide insured credit unions with rea- (1)(B) before the end of the effective period of percent (or such higher net worth ratio, not to sonable time to submit net worth restoration the prior determination. exceed 3 percent, as the Board may specify by plans; and ‘‘(3) APPOINTMENT OF LIQUIDATING AGENT RE- regulation). ‘‘(B) require the Board to act on net worth QUIRED IF OTHER ACTION FAILS TO RESTORE NET ‘‘(2) ADJUSTING NET WORTH LEVELS.— restoration plans expeditiously. WORTH.— ‘‘(A) IN GENERAL.—If, for purposes of section ‘‘(4) FAILURE TO SUBMIT ACCEPTABLE PLAN ‘‘(A) IN GENERAL.—Notwithstanding para- 38(c) of the Federal Deposit Insurance Act, the WITHIN TIME ALLOWED.— graphs (1) and (2), the Board shall appoint a Federal banking agencies increase or decrease ‘‘(A) FAILURE TO SUBMIT ANY PLAN.—If an in- liquidating agent for an insured credit union if the required minimum level for the leverage limit sured credit union fails to submit a net worth the credit union is critically undercapitalized on (as those terms are used in that section 38), the restoration plan within the time allowed under average during the calendar quarter beginning Board may, by regulation, and subject to sub- paragraph (3), the Board shall— 18 months after the date on which the credit paragraph (B) of this paragraph, correspond- ‘‘(i) promptly notify the credit union of that union became critically undercapitalized. ingly increase or decrease 1 or more of the net failure; and ‘‘(B) EXCEPTION.—Notwithstanding subpara- worth ratios specified in subparagraphs (A) ‘‘(ii) give the credit union a reasonable oppor- graph (A), the Board may continue to take such through (D) of paragraph (1) of this subsection tunity to submit a net worth restoration plan. other action as the Board determines to be ap- in an amount that is equal to not more than the ‘‘(B) SUBMISSION OF UNACCEPTABLE PLAN.—If propriate in lieu of appointment of a liquidating difference between the required minimum level an insured credit union submits a net worth res- agent if— most recently established by the Federal bank- toration plan within the time allowed under ‘‘(i) the Board determines that— ing agencies and 4 percent of total assets (with paragraph (3) and the Board determines that ‘‘(I) the insured credit union has been in sub- respect to institutions regulated by those agen- the plan is not acceptable, the Board shall— stantial compliance with an approved net worth cies). ‘‘(i) promptly notify the credit union of why restoration plan that requires consistent im- ‘‘(B) DETERMINATIONS REQUIRED.—The Board the plan is not acceptable; and provement in the net worth of the credit union may increase or decrease net worth ratios under ‘‘(ii) give the credit union a reasonable oppor- since the date of the approval of the plan; and subparagraph (A) only if the Board— tunity to submit a revised plan. ‘‘(II) the insured credit union has positive net ‘‘(i) determines, in consultation with the Fed- ‘‘(5) ACCEPTING PLAN.—The Board may accept income or has an upward trend in earnings that eral banking agencies, that the reason for the a net worth restoration plan only if the Board the Board projects as sustainable; and August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7041

‘‘(ii) the Board certifies that the credit union ‘‘(n) OTHER AUTHORITY NOT AFFECTED.—This eral Credit Union Act (as added by subsection is viable and not expected to fail. section does not limit any authority of the (a) of this section), the Board shall consult with ‘‘(4) NONDELEGATION.— Board or a State to take action in addition to the Secretary, the Federal banking agencies, ‘‘(A) IN GENERAL.—Except as provided in sub- (but not in derogation of) that required under and the State officials having jurisdiction over paragraph (B), the Board may not delegate the this section. State-chartered insured credit unions. authority of the Board under this subsection. ‘‘(o) DEFINITIONS.—For purposes of this sec- (d) DEADLINES FOR REGULATIONS.— ‘‘(B) EXCEPTION.—The Board may delegate tion the following definitions shall apply: (1) IN GENERAL.—Except as provided in para- the authority of the Board under this subsection ‘‘(1) FEDERAL BANKING AGENCY.—The term graph (2), the Board shall— with respect to an insured credit union that has ‘Federal banking agency’ has the same meaning (A) publish in the Federal Register proposed less than $5,000,000 in total assets, if the Board as in section 3 of the Federal Deposit Insurance regulations to implement section 216 of the Fed- permits the credit union to appeal any adverse Act. eral Credit Union Act (as added by subsection action to the Board. ‘‘(2) NET WORTH.—The term ‘net worth’— (a) of this section) not later than 270 days after ‘‘(j) REVIEW REQUIRED WHEN FUND INCURS ‘‘(A) with respect to any insured credit union, the date of enactment of this Act; and MATERIAL LOSS.—For purposes of determining means retained earnings balance of the credit (B) promulgate final regulations to implement whether the Fund has incurred a material loss union, as determined under generally accepted that section 216 not later than 18 months after with respect to an insured credit union (such accounting principles; and the date of enactment of this Act. that the inspector general of the Board must ‘‘(B) with respect to a low-income credit (2) RISK-BASED NET WORTH REQUIREMENT.— make a report), a loss is material if it exceeds union, includes secondary capital accounts that (A) ADVANCE NOTICE OF PROPOSED RULE- the sum of— are— MAKING.—Not later than 180 days after the date ‘‘(1) $10,000,000; and ‘‘(i) uninsured; and ‘‘(2) an amount equal to 10 percent of the of enactment of this Act, the Board shall pub- ‘‘(ii) subordinate to all other claims against lish in the Federal Register an advance notice of total assets of the credit union at the time at the credit union, including the claims of credi- which the Board initiated assistance under sec- proposed rulemaking, as required by section tors, shareholders, and the Fund. 216(d) of the Federal Credit Union Act, as added tion 208 or was appointed liquidating agent. ‘‘(3) NET WORTH RATIO.—The term ‘net worth ‘‘(k) APPEALS PROCESS.—Material supervisory by this Act. ratio’ means, with respect to a credit union, the (B) FINAL REGULATIONS.—The Board shall determinations, including decisions to require ratio of the net worth of the credit union to the prompt corrective action, made pursuant to this promulgate final regulations, as required by total assets of the credit union. that section 216(d) not later than 2 years after section by Administration officials other than ‘‘(4) NEW CREDIT UNION.—The term ‘new credit the Board may be appealed to the Board pursu- the date of enactment of this Act. union’ means an insured credit union that— (e) EFFECTIVE DATE.— ant to the independent appellate process re- ‘‘(A) has been in operation for less than 10 quired by section 309 of the Riegle Community (1) IN GENERAL.—Except as provided in para- years; and graph (2), section 216 of the Federal Credit Development and Regulatory Improvement Act ‘‘(B) has not more than $10,000,000 in total as- Union Act (as added by this section) shall be- of 1994 (or, if the Board so specifies, pursuant to sets.’’. come effective 2 years after the date of enact- separate procedures prescribed by regulation). (b) CONSERVATORSHIP AND LIQUIDATION ment of this Act. ‘‘(l) CONSULTATION AND COOPERATION WITH AMENDMENTS TO FACILITATE PROMPT CORREC- (2) RISK-BASED NET WORTH REQUIREMENT.— STATE CREDIT UNION SUPERVISORS.— TIVE ACTION.— Section 216(d) of the Federal Credit Union Act ‘‘(1) IN GENERAL.—In implementing this sec- (1) CONSERVATORSHIP.—Section 206(h) of the (as added by this section) shall become effective tion, the Board shall consult and seek to work Federal Credit Union Act (12 U.S.C. 1786(h)) is on January 1, 2001. cooperatively with State officials having juris- amended— diction over State-chartered insured credit (A) in paragraph (1)— (f) REPORT TO CONGRESS REQUIRED.—When unions. (i) in subparagraph (D), by striking ‘‘or’’ at the Board publishes proposed regulations pursu- ‘‘(2) EVALUATING NET WORTH RESTORATION the end; ant to subsection (d)(1)(A), or promulgates final PLAN.—In evaluating any net worth restoration (ii) in subparagraph (E), by striking the pe- regulations pursuant to subsection (d)(1)(B), the plan submitted by a State-chartered insured riod at the end and inserting a semicolon; and Board shall submit to the Congress a report that credit union, the Board shall seek the views of (iii) by adding at the end the following new specifically explains— the State official having jurisdiction over the subparagraphs: (1) how the regulations carry out section credit union. ‘‘(F) the credit union is significantly under- 216(b)(1)(B) of the Federal Credit Union Act (as ‘‘(3) DECIDING WHETHER TO APPOINT CON- capitalized, as defined in section 216, and has added by this section), relating to the coopera- SERVATOR OR LIQUIDATING AGENT.—With respect no reasonable prospect of becoming adequately tive character of credit unions; and to any decision by the Board on whether to ap- capitalized, as defined in section 216; or (2) how the regulations differ from section 38 point a conservator or liquidating agent for a ‘‘(G) the credit union is critically under- of the Federal Deposit Insurance Act, and the State-chartered insured credit union— capitalized, as defined in section 216.’’; and reasons for those differences. ‘‘(A) the Board shall— (B) in paragraph (2)— (g) CONFORMING AMENDMENTS.— ‘‘(i) seek the views of the State official having (i) in subparagraph (A), by striking ‘‘In the (1) AMENDMENTS RELATING TO ENFORCEMENT jurisdiction over the credit union; and case’’ and inserting ‘‘Except as provided in sub- OF PROMPT CORRECTIVE ACTION.—Section 206(k) ‘‘(ii) give that official an opportunity to take paragraph (C), in the case’’; and of the Federal Credit Union Act (12 U.S.C. the proposed action; (ii) by adding at the end the following new 1786(k)) is amended— ‘‘(B) the Board shall, upon timely request of subparagraph: (A) in paragraph (1), by inserting ‘‘or section an official referred to in subparagraph (A), ‘‘(C) In the case of a State-chartered insured 216’’ after ‘‘this section’’ each place it appears; promptly provide the official with— credit union, the authority conferred by sub- and ‘‘(i) a written statement of the reasons for the paragraphs (F) and (G) of paragraph (1) may (B) in paragraph (2)(A)(ii), by inserting ‘‘, or proposed action; and not be exercised unless the Board has complied any final order under section 216’’ before the ‘‘(ii) reasonable time to respond to that state- with section 216(l).’’. semicolon. ment; (2) CONFORMING AMENDMENT REGARDING AP- ‘‘(C) if the official referred to in subparagraph (2) LIQUIDATION.—Section 207(a) of the Fed- POINTMENT OF STATE CREDIT UNION SUPERVISOR (A) makes a timely written response that dis- eral Credit Union Act (12 U.S.C. 1787(a)) is AS CONSERVATOR.—Section 206(h)(1) of the Fed- agrees with the proposed action and gives rea- amended— (A) in paragraph (1)(A), by striking ‘‘himself’’ eral Credit Union Act (12 U.S.C. 1786(h)(1)) is sons for that disagreement, the Board shall not and inserting ‘‘itself’’; and amended by inserting ‘‘or another (including, in appoint a conservator or liquidating agent for (B) by adding at the end the following new the case of a State-chartered insured credit the credit union, unless the Board, after consid- paragraph: union, the State official having jurisdiction over ering the views of the official, has determined ‘‘(3) LIQUIDATION TO FACILITATE PROMPT COR- the credit union)’’ after ‘‘appoint itself’’. that— RECTIVE ACTION.—The Board may close any ‘‘(i) the Fund faces a significant risk of loss (3) AMENDMENT REPEALING SUPERSEDED PRO- credit union for liquidation, and appoint itself with respect to the credit union if a conservator VISION.—Section 116 of the Federal Credit Union or another (including, in the case of a State- or liquidating agent is not appointed; and Act (12 U.S.C. 1762) is repealed. ‘‘(ii) the appointment is necessary to reduce— chartered insured credit union, the State official SEC. 302. NATIONAL CREDIT UNION SHARE IN- ‘‘(I) the risk that the Fund would incur a loss having jurisdiction over the credit union) as liq- SURANCE FUND EQUITY RATIO, with respect to the credit union; or uidating agent of that credit union, if— AVAILABLE ASSETS RATIO, AND ‘‘(II) any loss that the Fund is expected to ‘‘(A) the Board determines that— STANDBY PREMIUM CHARGE. incur with respect to the credit union; and ‘‘(i) the credit union is significantly under- (a) IN GENERAL.—Section 202 of the Federal ‘‘(D) the Board may not delegate any deter- capitalized, as defined in section 216, and has Credit Union Act (12 U.S.C. 1782) is amended— mination under subparagraph (C). no reasonable prospect of becoming adequately (1) by striking subsection (b) and inserting the ‘‘(m) CORPORATE CREDIT UNIONS EXEMPTED.— capitalized, as defined in section 216; or following: This section does not apply to any insured cred- ‘‘(ii) the credit union is critically under- ‘‘(b) CERTIFIED STATEMENT.— it union that— capitalized, as defined in section 216; and ‘‘(1) STATEMENT REQUIRED.— ‘‘(1) operates primarily for the purpose of ‘‘(B) in the case of a State-chartered insured ‘‘(A) IN GENERAL.—For each calendar year, in serving credit unions; and credit union, the Board has complied with sec- the case of an insured credit union with total ‘‘(2) permits individuals to be members of the tion 216(l).’’. assets of not more than $50,000,000, and for each credit union only to the extent that applicable (c) CONSULTATION REQUIRED.—In developing semi-annual period in the case of an insured law requires that such persons own shares. regulations to implement section 216 of the Fed- credit union with total assets of $50,000,000 or H7042 CONGRESSIONAL RECORD — HOUSE August 4, 1998 more, an insured credit union shall file with the gate amount of the insured shares in all insured (2) the potential effects of the application of Board, at such time as the Board prescribes, a credit unions from insured credit unions cer- Federal laws, including Federal tax laws, on certified statement showing the total amount of tified statements under subsection (b) for the credit unions in the same manner as those laws insured shares in the credit union at the close of final reporting period of the calendar year re- are applied to other federally insured financial the relevant period and both the amount of its ferred to in subparagraph (A).’’; institutions. deposit or adjustment of deposit and the amount (4) in subsection (c), by adding at the end the (b) REPORT.—Not later than 1 year after the of the insurance charge due to the Fund for following new paragraph: date of enactment of this Act, the Secretary that period, both as computed under subsection ‘‘(4) TIMELINESS AND ACCURACY OF DATA.—In shall submit a report to the Congress on the re- (c). calculating the available assets ratio and equity sults of the study required by subsection (a). ‘‘(B) EXCEPTION FOR NEWLY INSURED CREDIT ratio of the Fund, the Board shall use the most SEC. 402. UPDATE ON REVIEW OF REGULATIONS UNION.—Subparagraph (A) shall not apply with current and accurate data reasonably avail- AND PAPERWORK REDUCTIONS. respect to a credit union that became insured able.’’; and Not later than 1 year after the date of enact- during the reporting period. (5) by striking subsection (h) and inserting the ment of this Act, the Federal banking agencies ‘‘(2) FORM.—The certified statements required following: shall submit a report to the Congress detailing to be filed with the Board pursuant to this sub- ‘‘(h) DEFINITIONS.—For purposes of this sec- their progress in carrying out section 303(a) of section shall be in such form and shall set forth tion, the following definitions shall apply: the Riegle Community Development and Regu- such supporting information as the Board shall ‘‘(1) AVAILABLE ASSETS RATIO.—The term latory Improvement Act of 1994, since their sub- require. ‘available assets ratio’, when applied to the mission of the report dated September 23, 1996, ‘‘(3) CERTIFICATION.—The president of the Fund, means the ratio of— as required by section 303(a)(4) of that Act. credit union or any officer designated by the ‘‘(A) the amount determined by subtracting— SEC. 403. TREASURY REPORT ON REDUCED TAX- board of directors shall certify, with respect to ‘‘(i) direct liabilities of the Fund and contin- ATION AND VIABILITY OF SMALL each statement required to be filed with the gent liabilities for which no provision for losses BANKS. Board pursuant to this subsection, that to the has been made, from The Secretary shall, not later than 1 year best of his or her knowledge and belief the state- ‘‘(ii) the sum of cash and the market value of after the date of enactment of this Act, submit ment is true, correct, complete, and in accord- unencumbered investments authorized under a report to the Congress containing— ance with this title and the regulations issued section 203(c), to (1) recommendations for such legislative and under this title.’’; ‘‘(B) the aggregate amount of the insured administrative action as the Secretary deems ap- (2) in subsection (c)(1)(A), by striking clause shares in all insured credit unions. propriate, that would reduce and simplify the (iii) and inserting the following: ‘‘(2) EQUITY RATIO.—The term ‘equity ratio’, tax burden for— (A) insured depository institutions having less ‘‘(iii) PERIODIC ADJUSTMENT.—The amount of when applied to the Fund, means the ratio of— each insured credit union’s deposit shall be ad- ‘‘(A) the amount of Fund capitalization, in- than $1,000,000,000 in assets; and (B) banks having total assets of not less than justed as follows, in accordance with procedures cluding insured credit unions’ 1 percent capital- ization deposits and the retained earnings bal- $1,000,000,000 nor more than $10,000,000,000; and determined by the Board, to reflect changes in (2) any other recommendations that the Sec- ance of the Fund (net of direct liabilities of the the credit union’s insured shares: retary deems appropriate that would preserve ‘‘(I) annually, in the case of an insured credit Fund and contingent liabilities for which no the viability and growth of small banking insti- union with total assets of not more than provision for losses has been made); to tutions in the United States. $50,000,000; and ‘‘(B) the aggregate amount of the insured ‘‘(II) semi-annually, in the case of an insured shares in all insured credit unions. The SPEAKER pro tempore. Pursu- credit union with total assets of $50,000,000 or ‘‘(3) INSURED SHARES.—The term ‘insured ant to the rule, the gentleman from more.’’; shares’, when applied to this section, includes Iowa (Mr. LEACH) and the gentleman (3) in subsection (c), by striking paragraphs share, share draft, share certificate, and other from New York (Mr. LAFALCE) each (2) and (3) and inserting the following: similar accounts as determined by the Board, will control 20 minutes. ‘‘(2) INSURANCE PREMIUM CHARGES.— but does not include amounts exceeding the in- The Chair recognizes the gentleman ‘‘(A) IN GENERAL.—Each insured credit union sured account limit set forth in section 207(c)(1). from Iowa (Mr. LEACH). shall, at such times as the Board prescribes (but ‘‘(4) NORMAL OPERATING LEVEL.—The term Mr. LEACH. Mr. Speaker, I yield my- not more than twice in any calendar year), pay ‘normal operating level’, when applied to the to the Fund a premium charge for insurance in Fund, means an equity ratio specified by the self such time as I may consume. an amount stated as a percentage of insured Board, which shall be not less than 1.2 percent (Mr. LEACH asked and was given per- shares (which shall be the same for all insured and not more than 1.5 percent.’’. mission to revise and extend his re- credit unions). (b) EFFECTIVE DATE.—This section and the marks.) ‘‘(B) RELATION OF PREMIUM CHARGE TO EQ- amendments made by this section shall become b 1145 UITY RATIO OF FUND.—The Board may assess a effective on January 1 of the first calendar year premium charge only if— beginning more than 180 days after the date of Mr. LEACH. Mr. Speaker, before the ‘‘(i) the Fund’s equity ratio is less than 1.3 enactment of this Act. House today is the Senate amendment percent; and SEC. 303. ACCESS TO LIQUIDITY. to H.R. 1151, the Credit Union Member- ‘‘(ii) the premium charge does not exceed the Section 204 of the Federal Credit Union Act ship Access Act. If the House concurs amount necessary to restore the equity ratio to (12 U.S.C. 1784) is amended by adding at the end in the Senate amendment, a step I 1.3 percent. the following new subsections: ‘‘(C) PREMIUM CHARGE REQUIRED IF EQUITY strongly encourage, this important leg- ‘‘(f) ACCESS TO LIQUIDITY.—The Board shall— islation will be cleared for the Presi- RATIO FALLS BELOW 1.2 PERCENT.—If the Fund’s ‘‘(1) periodically assess the potential liquidity equity ratio is less than 1.2 percent, the Board needs of each insured credit union, and the op- dent for his expected signature, there- shall, subject to subparagraph (B), assess a pre- tions that the credit union has available for by ensuring that millions of Americans mium charge in such an amount as the Board meeting those needs; and will not be forced out of the financial determines to be necessary to restore the equity ‘‘(2) periodically assess the potential liquidity institution of their choice. ratio to, and maintain that ratio at, 1.2 percent. needs of insured credit unions as a group, and This body originally approved the ‘‘(3) DISTRIBUTIONS FROM FUND REQUIRED.— the options that insured credit unions have credit union bill on April 1 by a vote of ‘‘(A) IN GENERAL.—The Board shall effect a available for meeting those needs. pro rata distribution to insured credit unions 411–8 and the Senate last week acted by ‘‘(g) SHARING INFORMATION WITH FEDERAL after each calendar year if, as of the end of that vote of 92–6. This legislation is in re- RESERVE BANKS.—The Board shall, for the pur- sponse to a 5–4 Supreme Court decision calendar year— pose of facilitating insured credit unions’ access ‘‘(i) any loans to the Fund from the Federal to liquidity, make available to the Federal re- earlier this year which overturned the Government, and any interest on those loans, serve banks (subject to appropriate assurances National Credit Union Administra- have been repaid; of confidentiality) information relevant to mak- tion’s interpretation of the 1934 Fed- ‘‘(ii) the Fund’s equity ratio exceeds the nor- ing advances to such credit unions, including eral Credit Union Act on what the ap- mal operating level; and the Board’s reports of examination.’’. ‘‘(iii) the Fund’s available assets ratio exceeds propriate common bond should be for 1.0 percent. TITLE IV—MISCELLANEOUS PROVISIONS Federal credit unions. If the Supreme ‘‘(B) AMOUNT OF DISTRIBUTION.—The Board SEC. 401. STUDY AND REPORT ON DIFFERING Court decision were to stand, not only shall distribute under subparagraph (A) the REGULATORY TREATMENT. could millions of credit union members maximum possible amount that— (a) STUDY.—The Secretary shall conduct a be kicked out of their financial institu- ‘‘(i) does not reduce the Fund’s equity ratio study of— tion, but the safety and soundness of below the normal operating level; and (1) the differences between credit unions and the entire credit union system would ‘‘(ii) does not reduce the Fund’s available as- other federally insured financial institutions, sets ratio below 1.0 percent. including regulatory differences with respect to have been jeopardized. ‘‘(C) CALCULATION BASED ON CERTIFIED STATE- regulations enforced by the Office of Thrift Su- The Senate amendment generally in- MENTS.—In calculating the Fund’s equity ratio pervision, the Office of the Comptroller of the corporates the House approach to the and available assets ratio for purposes of this Currency, the Federal Deposit Insurance Cor- credit union issue, especially as it re- paragraph, the Board shall determine the aggre- poration, and the Administration; and lates to the common bond issue, but August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7043 there are four major differences be- that the President sign this important tial members, and it attempted to pro- tween the House and the Senate ver- legislation. vide greater parity in regulatory treat- sions. First, the Senate amendment Mr. Speaker, I reserve the balance of ment between credit unions and other does not impose community reinvest- my time. financial institutions. The provision ment-like requirements on State and Mr. LAFALCE. Mr. Speaker, I yield should not have been dropped, but the federally chartered credit unions. The myself such time as I may consume. regulators should enforce its existing House version would have. Second, the (Mr. LAFALCE asked and was given law, understanding that we simply at- Senate amendment limits the total permission to revise and extend his re- tempted to reaffirm existing law. amount of member business loans to marks.) A second change in the Senate approximately 12 percent of a credit Mr. LAFALCE. Mr. Speaker, in Feb- amendment is the weakening of cur- union’s assets. The House bill would ruary, the Supreme Court challenged rent regulatory and voting require- have frozen current NCUA restrictions the Congress to answer a difficult pol- ments for credit union conversions to on commercial lending for one year. icy question, whether to uphold the mutual savings institutions. Currently Third, the Senate amendment expands narrow interpretation of the 60-year- a credit union cannot convert its char- upon the prompt corrective action pro- old Federal Credit Union Act or expand ter without an affirmative vote of the visions contained in the House bill, the scope of the act to permit credit majority of all its members. The Sen- which generally would have called on unions to serve a broader segment of ate changed this to require only a ma- the regulator to issue regulations com- the American public. Today we are giv- jority of the members who participate parable to those imposed on banks and ing a definitive answer to that ques- in a conversion vote. The Senate made thrifts under the FDIC Act. The Senate tion. I am pleased to say the answer is no provision to assure adequate and ef- version provides somewhat greater de- a resounding ‘‘yes’’ to credit union ex- fective notice for a conversion vote. tail. Finally, the Senate amendment pansion, ‘‘yes’’ to preserving the mem- Thus under the Senate provision, it is struck the House provisions limiting bership rights of all current credit conceivable for a small fraction of a the economic benefit directors or offi- union members, and ‘‘yes’’ to making credit union’s membership either by cers could receive from a conversion of credit union services available to even manipulation or inadequate notice to the credit union to a stock form of greater numbers of American families. convert a credit union and deprive the company. These Senate changes, while The Senate-passed bill we are consid- overwhelming majority of members of not in all instances improvements to ering today incorporates virtually their ownership rights and credit union the House position, are generally ac- every single one of the key elements of services. This is an inappropriate ceptable given that the broad approach the bipartisan compromise that we change that could without very strict of the House has been maintained. passed on April 1 in the House of Rep- regulation and supervision facilitate The Supreme Court case was brought resentatives with an overwhelming 411– the slow undoing of our credit union by the banking industry because of a 8 vote. First and foremost it protects system. I intend to work with the gen- perceived difference in the regulatory the membership of every current credit tleman from Iowa (Mr. LEACH) to ad- and tax treatment of credit unions. union member and every group within dress this issue within another context, There is particular angst among bank- a credit union. It also permits common and I call for the maximum reasonable ers that this legislation does not repeal bonds credit unions to continue to ex- regulation and supervision permissible the tax exempt status of credit unions. pand their field of membership by in- by the regulator. However, this issue was not broached cluding new occupation and association While these aspects of the bill con- in the Supreme Court and the Banking based groups. The bill limits this ex- tinue to concern me, they are clearly Committee from which this bill origi- pansion, however, first by requiring the outweighed by the significant improve- nated has no jurisdiction over Federal creation of new separate common bond ments the bill makes in the Credit tax laws. Beyond this, this Congress credit unions wherever feasible; sec- Union Act and by the need for imme- has little appetite for imposing new ondly, by limiting the size of new diate action to resolve the pressing taxes. But taxes aside, the competitive groups to under 3,000 members; and, issues raised by the Supreme Court. I regulatory playing field between banks third, by requiring that these smaller believe this is one of the most impor- and credit unions is pretty well evened groups be included within a credit tant bills Congress will consider this out under this legislation. For in- union that is located within reasonable year, an important victory for the stance, the new capital standards and proximity to the group, thus reinforc- credit unions and most importantly a prompt corrective regulatory require- ing a geographic common bond. This tremendous victory for the American ments imposed on credit unions under proximity requirement is extremely consumers. this bill are similar to those imposed important, one that I insisted upon, to Mr. Speaker, I reserve the balance of on banks and will ensure the continued ensure that we could maintain to the my time. safety and soundness of operation of maximum extent feasible the closest Mr. LEACH. Mr. Speaker, I yield 2 credit unions. practicable geographic common bond. minutes to the honorable gentleman In a financial services world where These core elements of this legislation, from Ohio (Mr. LATOURETTE) whose the big are getting bigger from the top I am proud to say, follow the basic out- leadership on this issue has been un- down, consumers are increasingly line of a set of proposals I circulated paralleled. It is his bill and to him a showing their desire to maintain the last November to encourage discussion principal amount of the credit for its option of being served by community- of a compromise on the field of mem- being brought to the floor is due. controlled institutions, whether they bership issue. And like my original pro- Mr. LATOURETTE. I thank the gen- be community banks, savings and loans posal, this legislation balances expan- tleman for yielding me this time. Mr. or credit unions. sion of credit union membership with Speaker, today’s floor activity brings It is therefore critical that this Con- preservation of the traditional credit to conclusion hopefully a long journey gress do everything in its power to en- union values of common bond and com- for H.R. 1151, the Credit Union Mem- sure that smaller, community-con- mon community. bership Access Act, although I suppose trolled institutions are provided the While this legislation answers the in legislative or dog years it is rather means to compete and prosper in the question raised by the court and re- a quick journey. For that I take to the marketplace. solves several other key credit union floor today and I want to thank a num- Credit unions, just one part on the issues, it does include two Senate ber of people, the gentleman from cooperative movement side which have changes that House Members should be Georgia (Mr. GINGRICH), the Speaker of so advantaged American society, rep- aware of. It deletes House language re- the House, for getting behind this bill, resent democracy at work in the mar- affirming the credit union’s obligation the gentleman from Iowa (Mr. LEACH) ketplace. In protecting them, in legiti- to serve persons of modest means with- for his guidance and leadership mizing them, this legislation deserves in their field of membership. Let me throughout the course of this legisla- support. I would strongly suggest a emphasize that this House provision tive process, the gentleman from New ‘‘yes’’ vote on accepting the Senate only restated a long-understood obliga- York (Mr. LAFALCE), the gentlewoman amendment. I would also strongly urge tion of credit unions to serve all poten- from New Jersey (Mrs. ROUKEMA) and H7044 CONGRESSIONAL RECORD — HOUSE August 4, 1998 also the gentleman from Minnesota Mr. LEACH. The gentleman is cor- ranking member of the Senate. They (Mr. VENTO) for all of their hard work, rect. The definition of a single common took our text basically as their mark- and without a doubt the original co- bond credit union does not preclude up vehicle, worked from it and kept 75 sponsor of this bill the gentleman from subgroups, but all such subgroups must percent of it, and the portions they Pennsylvania (Mr. KANJORSKI). have the same common bond of occupa- added were good portions except for the In the early part of the year, those tion or association. two minor parts that the gentleman were lonely times. Although we were Mr. KANJORSKI. The bill includes from New York (Mr. LAFalce) identi- aided by powerful allies on both sides language grandfathering persons and fied, and we will work with him in the of the aisle, the minority whip the gen- groups which were members of a credit future to correct them. tleman from Michigan (Mr. BONIOR) on union or eligible for membership in a Finally, Madam Speaker, the people his side and such powerhouses on our credit union prior to the Supreme who really should be thanked the most side as the gentleman from New York Court decision. Is it my understanding are the 70 million members of the cred- (Mr. SOLOMON), the chairman of the that these grandfather provisions apply it movement across this country. Truly Committee on Rules, and the gen- to community credit unions as well as in a very cooperative effort they came tleman from Louisiana (Mr. LIVING- to multi-group and single group credit together, contacted their representa- STON), the chairman of the Committee unions? tives in this body and the Senate, and on Appropriations, it was a long proc- Mr. LEACH. That is correct. Let me prevailed upon them to pass this en- ess. just add one thought, that I want to lightening legislation. I would say it Credit unions should also be thankful thank the gentleman personally for his was a victory of David over Goliath. In- for the quick action, Mr. Speaker, leadership on this issue. He played a deed it proves that a cooperative effort taken by the more deliberative body on very extraordinary role. in America can win, and I would like to the other side of the Capitol which has Mr. KANJORSKI. I thank the gen- apologize to Abraham Lincoln, but I a history of not moving as quickly as it tleman. I have a colloquy I would like would like to say that today in the has in this particular instance. I am to engage in with my colleague from spirit of credit unions, it is of the peo- New York. It is my understanding that particularly thankful to the chairman ple, by the people and for the people, if a business sells off or spins off an op- of the Senate Banking Committee. Al- that they, through this legislation, erating unit or subsidiary, both cur- though the rules of the House prohibit shall not perish from the earth. rent and future employees of the oper- me from naming him by name, I would Mr. Speaker, in order to expedite consider- ating unit or subsidiary remain eligible suggest that his surname rhymes with ation of this important legislation, it is being for membership in a credit union, is ‘‘tomato.’’ considered today under suspension of the that correct? Although every bill has blemishes, rules, which limits total debate time to 20 min- Mr. LAFALCE. Mr. Speaker, will the Mr. Speaker, upon which each of us gentleman yield? utes on each side of the aisle. As a result, it might wish to apply some astringent, Mr. KANJORSKI. I yield to the gen- is not possible to address all of the issues we H.R. 1151 in its current form is a good tleman from New York. would like to address if we had additional bill that needs to move forward before Mr. LAFALCE. That is my under- time. the end of this session. The reason that standing, yes, I believe the gentleman I have already expressed my deep appre- baseball is America’s pastime is that it is correct. The definition of a single ciation and thanks to my colleague from Ohio has no clock. It is over when the 27th common bond credit union does not (Mr. LATOURETTE) who had the courage to join out is recorded. Football and basket- preclude subgroups, but all such sub- me in sponsoring this legislation when many ball have a clock. The clock is ticking groups must have the same common of our colleagues thought we were titling on this session of the Congress. We bond of occupation or association. Fur- against windmills. need to get this bill on the President’s thermore, nothing in H.R. 1151 was in- I have also expressed my appreciation to desk. The millions of depositors and tended to preclude new employees of the distinguished Chairman of the Committee, share account owners of credit unions companies that have been spun off (Mr. LEACH) who was at all times fair, cour- need this matter resolved today. from a credit union’s original sponsor- teous and supportive. I also want to thank the Concerns about CRA type require- ing group from becoming eligible for ranking Democratic Member (Mr. LAFALCE), ments and charter conversions can be membership in the original parent the Chairwoman of the Financial Institutions addressed in other legislation. The gen- company’s credit union. Subcommittee (Mrs. ROUKEMA), the ranking tleman from New York (Mr. LAFALCE) Mr. KANJORSKI. Mr. Speaker, I rise Democratic Member of the Subcommittee (Mr. has already so eloquently addressed today to thank all of my colleagues VENTO), and all of their staffs, who worked that in his statement. But today is the and most especially the gentleman long and hard to help produce the bipartisan day, Mr. Speaker, that Clarence the from Ohio (Mr. LATOURETTE). It is very legislation we are considering today. All of angel who helped George Bailey in It’s seldom in this House that through the their leadership is greatly appreciated. A Wonderful Life should get his wings participation in the process of legisla- Also making a major contribution today's bill and credit union members across this tion, one forms a friendship and a com- is Assistant Secretary of the Treasury Rick country should get relief. mon bond and not unlike a friendship I Carnell who helped perfect the title of the bill Mr. LAFALCE. Mr. Speaker, I yield developed with a colleague many years strengthening capital requirements for credit 31⁄2 minutes to the distinguished gen- ago in first coming to this House, I unions, the credit union share insurance fund, tleman from Pennsylvania (Mr. KAN- have found the beginning of that type and the authority of the National Credit Union JORSKI), the principal author of the of friendship with the gentleman from Administration to take prompt corrective action original version of H.R. 1151. Ohio. I cherish it, I cherish the process against troubled credit unions. Mr. KANJORSKI. Mr. Speaker, in and the experience we have had. National Credit Union Administration Chair- order to ensure that provisions of this man Norm D'Amours, and the members of the b legislation are understood and future 1200 board, also provided their unwavering support lawsuits are prevented, I would like to I also want to thank the chairman of for our legislation. engage in a colloquy with my distin- the committee, the gentleman from The members of the other body, particularly guished colleague from Iowa. Iowa (Mr. LEACH), the ranking member, the chairman and ranking Democratic member Is it the gentleman’s understanding the gentleman from New York (Mr. LA- of the Banking Committee, must also be com- that the definition of a single common FALCE), the subcommittee chairman, mended for acting so promptly on the House- bond credit union does not preclude a the gentlewoman from New Jersey passed bill, and for making only a few credit union from having subgroups in (Mrs. ROUKEMA), and the ranking mem- changes in it. its field of membership as long as the ber, the gentleman from Minnesota And last, and certainly not least, I want to subgroups share the same common (Mr. VENTO). With all these individuals, thank the millions of Americans across our na- bond of association or occupation? and many more, it was their work tional who took the time to explain to their Mr. LEACH. Mr. Speaker, will the product that brought this legislation Congressmen and Senators how important gentleman yield? forth today. their credit union was to them. Mr. KANJORSKI. I yield to the gen- It would be remiss of me also not to It is their hard work that made this victory tleman from Iowa. make mention of the chairman and possible. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7045 It is their hard work that demonstrates what credit union can apply to add an additional yielding me this time, and I certainly being a member of a voluntary, not-for-profit, group to its field of membership, thus becom- salute him for his stewardship over cooperative means. ing a multiple group credit union. Single group this legislation; and I want to salute It is their hard work that demonstrates the credit unions are a subset of multiple group the gentleman from Ohio (Mr. strength of the cooperative movement. credit unions and it was never intended, and LATOURETTE) and the gentleman from Mr. Speaker, the court decision we overturn would make no sense, for multiple group cred- Pennsylvania (Mr. KANJORSKI) for hav- today threatened financial accounts held by it unions to have this authority, and for single ing the courage to introduce this legis- tens of millions of average American working group credit unions not to have similar author- lation, first of all, and then drive this families. It also jeopardized the safety and ity. legislation through the Congress. It soundness of thousands of credit unions and In the area of member business loans, the was a time when many, in my opinion the National Credit Union Share Insurance Senate amendments also provide an important rather arrogantly, tried to keep this Fund. exception to the limitation on member busi- legislation from even reaching the In my home state of Pennsylvania alone the ness loans for credit unions that are chartered floor, and I was pleased to assist these safety and soundness of 367 credit unions for the purpose of, or have a history of, pri- two fine gentlemen in making sure serving nearly two million members and their marily making member business loans to their that that did not happen. family were endangered by the court decision. members as determined by the National Credit Madam Speaker, following the Su- In addition, if allowed to stand the court de- Union Administration. preme Court’s February ruling relating cision would have discriminated against the Under the bill the NCUA has broad authority to membership in the Nation’s credit employees of small businesses who would to determine whether a credit union is char- unions this issue has been among the have been effectively denied the right to tered for the purpose of, or has a history of most pressing this Congress has had to choose a credit union for their financial serv- primarily making, member business loans to address in many years, and I am ices. Yet employees of small businesses are its members. This broad authority is important pleased that the Congress has acted in among the persons of small means most likely because member business loans need not be a bipartisan fashion to preserve cur- to benefit from credit union membership. the largest category of loans in order for a rent and future memberships in credit Mr. Speaker, as the co-author of the Credit credit union to qualify for this exception. unions. Credit union members have Union Membership Access Act, there are a Member business lending merely needs to looked to this Congress for a long time number of technical provisions contained in it constitute a significant portion of the portfolio now to end any uncertainty which may which need elaboration, particularly since or a significant number of loans in order for have resulted from the Supreme Court there will be no formal conference report on the NCUA to determine that a credit union is decision. This legislation guarantees the bill. eligible for this exception. that millions of credit union members, One amendment added by the other body Secretary of the Treasury Robert Rubin has including me and probably you, Madam provides a specific retroactive exception from confirmed to us that member business loans Speaker, will not be turned away from by credit unions are not a safety and sound- the multiple common bond requirements for a their credit unions. ness problem. Quite to the contrary, member And, Madam Speaker, these coopera- specific voluntary merger that was in progress business loans are an important authority for tive organizations count some 70 mil- when the court decision took effect. community credit unions, and all credit unions, lion Americans as members. There are I want to make it clear that in granting this as they attempt to meet all of the credit needs over 200,000 members in the Hudson specific retroactive exception from the multiple of their members and their communities. More Valley of New York State alone, where common bond requirements we are not in any competition in this area, where many persons I happen to reside and represent. way diminishing the existing authority of the of small means have difficulty obtaining credit, As chairman of the House Committee National Credit Union authority under section must be encouraged by the Congress and the on Rules, I am often suspicious of the 205 of the Federal Credit Union Act to grant National Credit Union Administration. other body and its lack of rules, but in or withhold approval for voluntary mergers of Finally, Mr. Chairman, there are two this case, Madam Speaker, the other credit unions. changes made by the Senate amendment body I think has improved the legisla- All of the federal banking regulators, includ- which I hope we will be able to revisit at some tion. The Senate has produced a con- ing the National Credit Union Administration, point in the future. By a relatively narrow mar- sensus product which removes the un- have broad authority to approve and dis- gin the other body voted to delete from bill fair CRA-like provisions but puts re- approve mergers of institutions under their ju- provisions strengthening the obligation of cred- strictions on business lending, and that risdiction, and this legislation is not intended to it unions to meet the financial services needs is as it should be. And, Madam Speak- obstruct that authority in any way. of persons of modest means. This deletion er, compromise is critical in this legis- Another important provision in this bill ex- was unfortunate because this provision in the lative process, and I believe that this plicitly authorizes multiple group credit unions House bill helped to keep credit unions fo- legislation is an appropriate and fair to include underserved areas in their field of cused on their primary purpose. compromise, and I hope Members will membership. This is a provision which incor- Similarly, I was extremely disappointed by come over and unanimously support it. porates the principles of legislation originally the deletion of the provisions drafted by Chair- It is a good piece of legislation. introduced by the gentleman from Texas (Mr. man LEACH designed to prevent insider self- Mr. LAFALCE. Madam Speaker, I FROST). dealing when a credit union converts to a mu- yield 2 minutes to the distinguished Providing service to underserved areas, tual savings bank and from a mutual savings gentleman from Minnesota (Mr. which are defined in the bill and by NCUA reg- bank to a stock institution. This same amend- VENTO), the ranking Democrat on the ulations, helps all credit unions fulfill their ment also greatly weakened the safeguards Subcommittee on Financial Institu- mandate to serve persons of small means. It that exist in current law to prevent quickie con- tions and Consumer Credit. is integral to the spirit of the credit union versions without approval by a reasonable, Mr. VENTO. Madam Speaker, I thank movement. and informed, proportion of the membership. the gentleman for yielding this time to By including explicit language authorizing These changes open the door to the kind of me and for his work on this measure, multiple group credit unions to include under- fraud and abuse that we saw all too often dur- as well as the chairman, the gentleman served areas in their field of membership, we ing the savings and loan debacle. I hope that from Iowa (Mr. LEACH), and of course are not in any way restricting the ability of the federal and state banking regulators will use congratulate the principal sponsors, National Credit Union Administration to allow their oversight authority over any proposed the gentleman from Ohio (Mr. community and single group credit unions to conversions to ensure that consumers are not LATOURETTE) and the gentleman from include underserved areas in their fields of defrauded and insiders are not enriched. I also Pennsylvania (Mr. KANJORSKI) for their membership. look forward to working with the Chairman and marshaling of effort and their willing- Precluding community credit unions from ranking Democratic member to correct these ness to work with others to bring us to serving underserved areas would be contrary provisions in future legislation. hopefully final passage and sending to their reason for existence. Mr. LEACH. Madam Speaker, I yield this to President’s desk today. Similarly, precluding single group credit 2 minutes to the gentleman from New This is an urgent problem. This unions from serving underserved areas makes York (Mr. SOLOMON), our distinguished spring, when the court case came out, no sense and would only add paperwork and chairman of the Committee on Rules. I think all of us were aware that there regulatory burden for both credit unions and Mr. SOLOMON. Madam Speaker, I had been a back and forth disagree- the NCUA since virtually any single group thank the gentleman from Iowa for ment about what the meaning of the H7046 CONGRESSIONAL RECORD — HOUSE August 4, 1998 1934 law is. But what worked in the to say that the bill makes it very clear associations with similar relief at the appro- 1930’s in terms of credit unions, and that they can remain in the institution priate time. In addition, I would have liked to other financial institutions, for that of their choice, and that is very impor- see tighter restrictions on the expansion of matter, does not fit the needs of the tant. multiple common bond credit unions. I believe 1990’s, of this decade 60 years later. We And then, too, we are putting, and it that we should promote the formation of new need to modernize our financial insti- is important to me, in place many of credit unions whenever possible as opposed tution laws. the Treasury Department’s rec- to permitting large, multiple common bond Now there is obviously this law, and ommendations on safety and sound- credit unions to expand. That is the correct the effect of the court decision affected ness. These changes are extremely im- public policy. up to 20 million members of credit portant. Credit unions will have Mr. Chairman, I know that we have made unions who would have been adversely prompt corrective action applied to an honest attempt to be fair in this legislation. impacted in terms of having to change them, and that means that bank-like I urge my colleagues to support this bill. memberships and divest and go capital and net worth requirements Mr. LAFALCE. Madam Speaker, I through that process. So it became of will be applied to credit unions. That is yield 2 minutes to the distinguished paramount importance that we act very important. Independent gentleman from Vermont quickly to eliminate any uncertainty In addition, large credit unions will (Mr. SANDERS). because these lines of credit are fun- be required to have annual audits per- Mr. SANDERS. Madam Speaker, first damental to our economy. formed by licensed CPAs, just like I want to congratulate the gentleman As was mentioned by our chairman of banks and savings associations have. from Iowa (Mr. LEACH) and the ranking the Committee on Rules, 70 million Other safety and soundness provisions member, the gentleman from New York credit union members are a viable part improvements are important and are (Mr. LAFALCE) for their very hard work of providing for the services and the made to the share insurance fund on this important legislation. needs of people across this Nation, es- which will ensure the solvency and As a member of the Committee on pecially in locations that are often re- safety of the fund for years to come. Banking and Financial Services and an mote, often not served by other finan- Finally, Madam Speaker, I want to original cosponsor of this bill, I rise in cial service entities. In fact, of course, recognize that the CRA provisions were strong support of H.R. 1151, legislation people have a strong affection for any lifted from the credit union bill, and I which will nullify a recent Supreme of those that are able to give them think that was the correct choice. No Court decision by ensuring that Fed- credit because they, of course, facili- question about that. I do look forward eral credit unions can serve multiple tate our successful attainment of own- to attempting to provide small commu- groups and that no current credit ership of cars, of being able to provide nity banks and savings associations union members will be forced out of a college education, being able to do with similar relief at the appropriate their accounts. many of the things that we need time, but this is not the time today. Large corporate banks have been try- through credit extension in our mixed We are commending the work of this ing for years to shut out their credit economy today. Congress and the other body for all union competition. In recent years This bill is a fine work product. I re- those millions and millions of credit they have filed 19 separate lawsuits in gret that the Community Reinvest- union people. 12 States, and now five Supreme Court ment Act provisions, or similar provi- Mr. Chairman, thank you very much. Justices say the law is on their side. sions that were put on in the House, I rise today in strong support of this Credit Very simply, we must change the law were taken off. But frankly most of the Union bill. and ensure that Americans have other work that we achieved in the I want to make 3 points. choices in banking, and today we will House in terms of the Committee on First, we have worked forthrightly and dili- do just that. Banking and Financial Services and gently to work in a bi-partisan way to deal with At a time of increasing bank fees, the principal Members, the gentle- this pressing economic issue and avoided par- ATM surcharges, high credit card fees, woman from New Jersey (Mrs. ROU- tisan bickering. increasing minimum balance require- KEMA) who also worked with us there, Secondly, we are protecting innocent peo- ments and the loss of many locally- is retained in this, so they used our ple. 20 million credit union members at 3,600 owned banks to large, multi-billion foundation. We are happy to send it Federal Credit unions have been wondering dollar corporate institutions, credit along and to have this good measure since late February of this year whether they unions today are more important than serve the needs of the people of this will be thrown out of their credit union. I am they have ever been. I have been a country. proud to say that this bill makes it clear that long-time supporter of credit unions Mr. LEACH. Madam Speaker, I yield they can remain members of their financial in- because they are managed by their 2 minutes to the gentlewoman from stitution of choice. members and not by a high-priced New Jersey (Mrs. ROUKEMA), our distin- Thirdly, we are putting in place many of the board of directors. Credit unions, guished chairman of the Subcommittee Treasury Department's recommendations on therefore, are more concerned about on Financial Institutions and Con- safety and soundness. These changes are ex- the financial needs of their own mem- sumer Credit. tremely important. Credit Unions will have bership and not the profits of the own- (Mrs. ROUKEMA asked and was given prompt corrective action applied to themÐthis ers of the institution. Credit union permission to revise and extend her re- means that bank like capital and net worth re- profits do not go to pay high executive marks.) quirements will be applied to credit unions. In salaries; they are directed back to cus- Mrs. ROUKEMA. Madam Speaker, I addition, large credit unions will be required to tomers in the form of lower fees and think I will make three direct points: have annual audits performed by licensed higher rates of return. First, I think this is a good example CPAs just like large banks and savings asso- In Vermont, where 170,000 people are of how this Congress can work forth- ciations. Other safety and soundness improve- members of credit unions and where rightly and diligently and on a biparti- ments are made to the share insurance fund the membership has played a very, san basis to deal with a pressing eco- which will ensure the solvency and safety of very active role in determining that nomic issue and avoid partisan bicker- the fund for years to come. These new re- this legislation will be passed, credit ing, and I want to commend all my col- quirements, along with the limits on commer- unions provide important benefits such leagues for that. We have really cial lending, will assure that credit unions are as lower loan rates, lower minimum worked hard on this. safe in the years to come. The Senate im- balances, free ATM use and free credit Secondly, there are 20 million credit proved the bill in this area. cards. union members at thousands of credit Finally, Mr. Chairman, I recognize some Madam Speaker, it is incumbent unions across the country that have members and groups may be disappointed upon Congress to pass this important been wondering since late February with the final product. I know that some are legislation, and I urge all of our Mem- this year whether or not they would be upset that the CRA provisions were lifted from bers to support it. thrown out of their credit unions. We the Credit Unions. I believe that was the cor- Mr. LEACH. Madam Speaker, I yield got to say here, at last, we are protect- rect choice, and look forward to attempting to 2 minutes to the distinguished gen- ing those innocent people. I am proud provide small community banks and savings tleman from Texas (Mr. ARCHER), August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7047 chairman of the Committee on Ways take the time to call and write, but are 11 times more likely coming from and Means. they also came here to Washington and the same neighborhood with the same Mr. ARCHER. I thank the gentleman to my district offices to tell me in per- income levels to be turned down for a for yielding this time to me, Madam son how important their credit unions home mortgage loan if the color of Speaker, and I reluctantly rise in oppo- are to them. your skin was black versus if it was sition to this bill. So, Madam Speaker, on behalf of the white. I voted for the first bill that came 3.3 million New Yorkers who are credit The truth of the matter is the credit through the House, and I am not here union members, I urge the suspension unions ought to be held to the Commu- to in any way criticize the detailed of the rules and the passage of H.R. nity Reinvestment Act. We could not compromises made with the Senate, 1151. get that through. But what we could but what I am here to state as, I think, b 1215 get through is the fact that they would a fatal flaw in this bill is it is scored as have to publicly report exactly what losing $150 million in revenue over the Mr. LEACH. Madam Speaker, I yield their record of lending to the minority next 5 years which is not paid for. We myself 1 minute. communities and the low income com- are supposed to operate under rules Madam Speaker, I would simply re- munities have been. It is 5.4 percent that no suspension can be brought on spond to a previous intervention. Let today, with the information we get, the floor if it involves over $100 mil- me just say the CBO has estimated a much lower than any of the other fi- lion. This $150 million of scored reve- revenue loss of $143 million for this nancial services industries that we col- nue loss is the result of expansion of bill, but it is important to note that lect data on, and 16.5 percent in terms credit unions operating on a tax-free there will be a $510 million increase in of the minority community loans. basis and therefore costing revenue to revenues to the credit union fund. But Madam Speaker, these numbers are the Treasury. It has been used already, because of budget rules, the $510 mil- an indictment of an industry that this money has been used already to lion cannot be used as an offset to this comes before each and every Member of pay for the health bill that passed this revenue loss. Instead, the $143 million Congress, parades before us a bunch of House. It redounds to our score card on revenue loss must be absorbed through little folks that have deposits in credit Ways and Means as a tax loss, and other tax accounts under the budget unions, and then tells us there is a ter- therefore on the score card will reduce rules. rible attack taking place on credit the amount of revenue that we have al- I will say in the Senate, the Senate unions by the big banks and insurance ready used to offset the health care balanced this revenue loss with their companies, so therefore we should give bill. IRS reform bill. We have formally by them everything they want. Madam Speaker, this is not the way letter informed the Committee on That is not how it is supposed to this House should do business, and I Ways and Means of this circumstance, work. We are supposed to stand for must oppose this bill so that it can but I recognize it does produce certain some principles. And if these folks that come back in a form where it is appro- difficulties for the distinguished chair- run these credit unions, particularly priately paid for. man of the Committee on Ways and the very large ones, which are much Mr. LAFALCE. Madam Speaker, I Means. bigger than many banks, think they yield 2 minutes to the gentleman from All I can say is this is not a surprise. can just come in and roll right over the New York (Mr. HINCHEY). It has been dealt with appropriately in Congress of the United States, roll Mr. HINCHEY. Madam Speaker, I, the Senate, it has been flagged here in right over the United States Senate, too, want to strongly support H.R. 1151, the House, and there is an offset of ap- have everybody come marching on up the Credit Union Membership Act of proximately three times the revenue here saying what a great job they do, which I am an original prime sponsor. loss, but it occurs in another account and sweep under the rug how they treat The credit union movement has dis- of the Federal budget. the poor, how they treat minorities, we tinguished itself over the years by pro- Mr. LAFALCE. Madam Speaker, I ought to be ashamed of ourselves. viding its members with good quality, yield 3 minutes to the gentleman from We have to stand up every once in low cost financial services. As non- Massachusetts (Mr. KENNEDY) in oppo- awhile and try to do what is right. We profit cooperatives managed by their sition to the bill. are not asking the credit unions to lose members, credit unions excel at provid- Mr. KENNEDY of Massachusetts. money. What we are saying is that if ing the services families and small Madam Speaker, I rise today as a somebody who is a member of that businesses need most. Study after strong supporter of nonprofits, as a credit union comes in and the color of study shows that from home mortgages strong supporter of credit unions, but a their skin happens to be black, they to student loans to start-up financing strong opponent of this bill. ought to be treated the same way as for small businesses, credit unions beat The truth of the matter is that the somebody who is a member of that the competition in terms of service and politics that went on in the formation credit union whose color of their skin customer satisfaction. of this bill would make the bankers, happens to be white, and that does not Credit unions have also taken the the insurance industry and all of the happen in today’s America. It ought to lead in communities that are all but ig- special interests that normally come happen. We ought to defeat this bill. nored by the banking industry. In before the Committee on Banking sali- We ought to stand up to the credit many distressed urban and rural areas vate. They went into the back room of unions and do what is right. a community development credit union the Senate and they knocked out all of Mr. LEACH. Madam Speaker, I yield is often the only conventional financial the provisions that are supposed to 2 minutes to my distinguished col- institution to be found. In my district protect the consumer, particularly the league, the gentleman from Texas (Mr. a group of public housing tenants poor consumer. PAUL). formed a credit union when they were These credit unions come into our of- (Mr. PAUL asked and was given per- unable to interest a bank in their fi- fices and pretend they are taking care mission to revise and extend his re- nancial goals. We need to encourage of the poor. They pretend that the Con- marks.) these types of institutions to bring gress established them to go into un- Mr. PAUL. Madam Speaker, I thank more low-income individuals into the derserved areas, where bankers would the gentleman for yielding me time. financial mainstream. not go. The fact of the matter is, if you Madam Speaker, today I rise in sup- The credit union movement deserves look at their records, the credit unions port of this bill. I do not support legis- much of the praise for this legislation. have an abominable record of lending lation casually here, and have thought Like everyone here, I heard from peo- to the poor, the worst record of any of this through. I voted against this bill ple in my district who are passionate the banks, of any of the S&L’s. They the first time it went through, and I about their credit unions, not just the have a worse record in lending to peo- was one of a few. But it is a better bill officers and directors and employees, ple of color, the minorities, blacks. now than it was before. but the men and women and families In the Navy Credit Union, the Navy, I am a supporter of the free market, and businesses who are affiliated with which prides itself on bringing in mi- and I do not believe you can achieve these institutions. Not only did they norities into the Nation’s service, you equity by raising taxes and putting H7048 CONGRESSIONAL RECORD — HOUSE August 4, 1998 more regulations on those who do not smallers institutions, stifles the possibility of supports the credit unions. They are have regulations and who do not have new entrants into the financial sector, and working in our neighborhoods and sup- taxes. contributes to a consolidation and fewer mar- porting our neighborhoods. For this reason, I argued the case ket participants of the industry. Consumers I want to praise the grassroots ef- that instead of equity being achieved need additional choices, not congressionally- forts of millions of credit union mem- by taxing credit unions or making it imposed limits on choices. bers for rising to the defense of their more difficult for them to survive with The estimated, aggregate cost of bank regu- credit unions and fighting the battle more regulations, the best thing we lation (noninterest expenses) on commercial until it was won. This bill is needed to should do now is talk about at least banks was $125.9 billion in 1991, according to protect them, and it provides guidance the smaller banks that compete with The Cost of Bank Regulation: A Review of the on how they can expand. credit unions, to lower their taxes, get Evidence, Board of Governors of the Federal We are guaranteeing credit union rid of their taxes and get rid of the reg- Reserve System (Staff Study 171 by Gregory members, every day workers in our Na- ulation. Elliehausen, April 1998). It reports that studies tion, the ability to choose low-cost Precisely because we dealt with the estimate that this figure amounts to 12 percent higher returns and greater conven- CRA function in the Senate is the rea- to 13 percent of noninterest expenses. These ience. With final passage, we will be giving credit union members, everyday son that I can support this bill. CRA estimates only include a fraction of the ``most Americans who believe in democracy, does great deal of harm to the very burdensome'' regulations that govern the in- people who claim they want CRA to be the victory they so richly deserve. dustry, it adds, ``The total cost of all regulation Marla, this one’s for you. in the bill. CRA attacks the small, can only be larger . . . The basic conclusion Mr. LEACH. Madam Speaker, I yield marginal bank that is operating in is similar for all of the studies of economies of 1 minute to the distinguished gen- communities that have poor people in scale: Average compliance costs for regula- tleman from New York (Mr. QUINN). them. But if you compel them to make tions are substantially greater for banks at low Mr. QUINN. Madam Speaker, I want loans that are not prudent and to make levels of output than for banks at moderate or to congratulate the gentleman from loans that are risky, you are doing pre- high levels of output,'' the Staff Study con- Iowa (Mr. LEACH), and my good friend, cisely the opposite of what we should cludes. the gentleman from Buffalo (Mr. LA- do for these companies. Smaller banks face the highest compliance FALCE), on their work on this, and I We should work to lower taxes, not cost in relation to total assets, equity capital want to speak about this great Amer- only on the credit unions, and lower and net income before taxes, reveals Regu- ican success story that we heard about regulations. We must do the same latory Burden: The Cost to Community Banks, this morning, the Nation’s credit thing for the banks. We must lower the a study prepared for the Independent Bankers unions. taxes and get rid of these regulations Association of America by Grant Thornton, Of course, credit unions are far dif- in order for the banks to remain sol- January 1993. For each $1 million in asset, ferent from banks. They are democrat- vent and that we do not have to bail banks under $30 million in assets incur almost ically owned and primarily engaged in the banks out like we have in the past. three times the compliance cost of banks be- consumer loans, and, Madam Speaker, But the regulations do not achieve tween $30±65 million in assets. This regula- I believe it is this simplicity that is the this. tion almost quadruples costs on smaller insti- secret to their success. This is a bill that I think really tutions to almost four times when compared to Credit unions are not in the business comes around to achieving and taking banks over $65 million in assets. These find- to buy other banks, they are not there care of a problem and protecting every- ings are consistent for both equity capital and to sell insurance or to acquire commer- body interested. But I am quite con- net income measurements, according to the cial affiliates. More importantly, they vinced that this is still not a fair bill, report. are not for profit. Credit unions have a fair approach, because we have not We need to work together now to reduce all of the revenues funneled back into yet done enough for our community the regulatory burden on all financial institu- the members for low cost loans. bankers. We must eventually apply tions. The IBAA study identified the Commu- I am a proud sponsor of the Credit these same principles of less regula- nity Reinvestment Act as the most burden- Union Membership Access Act to pre- tions and less taxes to the small bank- some regulation with the estimated cost of serve credit unions in their current er. Then we will provide a greater serv- complying with CRA exceeding the next most status. The many differences between credit unions and banks are what make ice to the people that are their cus- burdensome regulation by approximately $448 credit unions so valuable. Even bank- tomers, and we will certainly be allow- million or 77%. Respondents to the IBAA ers admit that there is a certain per- ing the poor people a greater chance to study rated the CRA as the least beneficial centage of the population that banks achieve a loan. and useful of the thirteen regulatory areas sur- cannot serve. Low wage workers often- Since I strongly support the expansion of veyed. We need to reduce the most costly, the field of membership for credit unions and times cannot afford high bank fees or and least beneficial and useful regulation on loan rates. Without credit unions, was the first one in this congress to introduce the banks. these people would be forced to turn to multiple common bonds for credit unions in Let's all work together now, credit unions, check cashers or to pawn brokers or the Financial Freedom Act, H.R. 1121, I am banks and other financial institutions, to re- any number of different kinds of facili- happy to speak in support of the passage of duce their regulatory burden. Credit unions ties. H.R. 1151 here today. Having argued force- have demonstrated that fewer regulations con- I know that my district in western fully against the imposition of new regulations tribute to lower costs passed on to consumers New York, thousands of people have imposed upon credit unions, I congratulate the and greater consumer choice. Let's extend come to rely on credit unions. I have senate for not increasing the regulatory bur- that model for banks and other financial insti- constituents tell me all the time how den on credit unions in an attempt to ``level tutions. much they mean to them, and many the playing field'' with banks and other finan- Mr. LAFALCE. Madam Speaker, I claim they would not be able to afford cial institutions. yield 1 minute to the gentleman from their own home, a loan to start a new A better approach is to lead the congress California (Mr. FILNER). business, or, in my case, attend college. toward lower taxes and less regulationÐon Mr. FILNER. Madam Speaker, I rise It is clear to me credit unions are criti- credit unions, banks and other financial institu- today also to herald the final passage cal for thousands of Americans, and I tions. H.R. 1151, The Credit Union Member- of H.R. 1151, the Credit Union Member- urge Congress to help credit unions ship Access Act, as amended by the senate, ship Access Act. Our vote today for play an important role, now and in the takes us one step in the right direction of less H.R. 1151 is a vote of confidence in the future. government regulation restricting individual 71 million Americans who are member- Mr. LAFALCE. Madam Speaker, I choice. We must continue on the path of fewer owners of more than 11,000 credit yield 11⁄4 seconds to the gentleman regulations and lower taxes. unions throughout the Nation. from Michigan (Mr. DINGELL), the dis- These regulations add to the costs of oper- I do not often differ with the gen- tinguished ranking member of the ations of financial institutions. This cost is tleman from Massachusetts, but I rep- Committee on Commerce. passed on to consumers in the form of higher resent a fairly low income district in (Mr. DINGELL asked and was given interest rates and additional fees. These regu- Southern California, 75 percent of permission to revise and extend his re- lations impose a disproportionate burden on which are people of color. My district marks.) August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7049 Mr. DINGELL. Madam Speaker, I modernization. I hope in financial serv- deeply legitimizing of a movement that rise to, first of all, commend the lead- ices modernization we will not receive deserves every aspect of legitimacy ership on both sides, the distinguished something from the Senate the day be- that it can muster. I urge my col- gentleman from Iowa and the distin- fore we are about to leave, so that we leagues to support this legislation, and guished gentleman from New York, for have to consider that on a take-it-or- I also urge the President to promptly this legislation. leave-it basis also. But I look forward sign it. I rise to offer my unequivocal sup- on all of these issues to working with Ms. KAPTUR. Mr. Speaker, I rise in support port for the legislation, and also to the chairman, as we have on this par- of H.R. 1151, the Credit Union Membership praise credit unions, which are dedi- ticular bill. Act. cated to the communities and the peo- Mr. LEACH. Madam Speaker, I yield This has truly been a classic ``David-versus- ple they serve. These institutions pro- myself the balance of my time. Goliath'' confrontation between widely different vide low-cost consumer credit to Amer- Madam Speaker, I thank the gen- interests. The ``Davids'' in this instance are the ican families and small businesses, and tleman from New York (Mr. LAFALCE). thousands of not-for-profit small credit unions they provide a fine opportunity for the Let me just say a couple comments throughout the nation, such as Little Flower American people to work together for about the process. For a deliberative Parish Federal Credit Union in Toledo. Little their own common good. I urge support body, we have moved quickly on this Flower has 1,700 members, with total assets of H.R. 1151. legislation. Within two weeks of the of $5 million. I'm proud to be one of those As a freshman Congressman in 1934, Supreme Court ruling, our Committee members. my dad worked on the Federal Credit on Banking and Financial Services had This is a confrontation that pits member- Union Act. The committee in its report a comprehensive hearing on the sub- owned credit unions that are not-for-profit co- on that legislation, which happened in ject. Two weeks later we marked up a operatives against banks that often place the one of the darkest times in American bill, and one week later brought it to interests of shareholders and profits over and financial history, said this: That the the floor. Once the Senate has acted, above the need of consumers and commu- credit unions have, and I now quote, we have responded again within a two nities. With higher fees becoming more preva- ‘‘come through the depression without week time frame. lent and banking options shrinking for many failures, when the banks have failed so This is testament, I believe, to co- consumers, there can be little doubt that credit notably, is a tribute to the worth of co- operation between the parties, as the unions have helped to keep banks in check by being viable financial alternatives for millions operative credit.’’ gentleman from New York (Mr. LA- of Americans. America's consumers will now That is as clear today as it was then. FALCE) has mentioned. I think it is Credit unions are a vital part of our very important that I particularly ex- be guaranteed more options and alternatives when it comes to conducting their financial community and our Nation. They serve tend my appreciation to the gentleman business and transactions. the people, and they serve them well. from Ohio (Mr. LATOURETTE), the gen- Strong consumer support for credit As was stated in an editorial in the Toledo tleman from Pennsylvania (Mr. KAN- Blade earlier this year, ``Credit unions are unions does not surprise me. Over the JORSKI), the gentleman from New York about local folks helping local folks.'' I'll con- past year, people have come to me at (Mr. LAFALCE) and the gentleman from tinue to support the ``local folks'' who place town hall meetings, pancake break- Minnesota (Mr. VENTO), who have community and family over profits only and will fasts and other events, and said to me, played just an extraordinarily critical continue to fully support America's credit ‘‘Congressman, you have to help the role in the legislation. But this is not unions and the rights of all Americans to join credit unions, because they work for abstract legislation. and belong to their local credit union. us.’’ b 1230 Mr. Speaker, H.R. 1151 is right for all Amer- While some of the provisions in the It is, most of all, a testament to the icans. House bill are different than I would Mr. CUNNINGHAM. Mr. Speaker, I rise role of credit unions in American soci- have had, H.R. 1151 is a good bill. It once again in support of the Credit Union ety and the allegiance which they have will help credit unions continue to pro- Membership Access Act (H.R. 1151). While obtained. vide high-quality low-cost services to the Senate has made a couple of minor What we have here is an industry the members and to the communities changes to the legislation the House passed that has served its members, served its which have made them so popular with earlier this year, the substance of this legisla- members well. It has brought services the families across America. tion remains the same. I urge support of the legislation, and at a competitive rate to people who H.R. 1151 will reverse the February 25, I commend my colleagues who have have controlled their own financial 1998, Supreme Court ruling (AT&T Family worked on it. destiny in ways they never have been Federal Credit Union et al. v. First National Mr. LEACH. Madam Speaker, I yield able to before. It has also brought com- Bank & Trust Co.) which sent shockwaves 30 seconds to the gentleman from New petition to other kinds of private sec- through this nation's 70 million credit union York (Mr. LAFALCE). tor institutions that are not part of the members. That decision threatened the future Mr. LAFALCE. Madam Speaker, I cooperative movement. financial safety of our nation's credit unions. thank the gentleman very much for This is a very fundamental role of co- The 51st District in California, which I rep- this time. operatives, to serve members and peo- resent, is served by more than 230 different Madam Speaker, I want to take this ple who are nonmembers, because of credit unions with more than 305,000 mem- opportunity to thank the chairman, to the competition that is implicit within bers. By passing this legislation, we will en- thank majority and minority Members, this particular kind of cooperative sure that not a single credit union member will to thank the majority and minority structure. lose their choice of financial service provider. staff. This has been truly a bipartisan, Finally, I would also stress that this This legislation affirms the commitment of a collegial effort. body should above all respect choice, this Republican Congress to keep a healthy, I think we have an excellent bill be- the choice of the individual Americans. competitive financial service industry in Amer- fore us today. It is not 100 percent that Approaches that are designed to deny ica. I call on all my colleagues to join me in either the chairman or I would like, choice to the individual American in fi- support of credit union members and to vote but it is pretty close. I would have pre- nance, to force Americans by default for H.R. 1151, with the Senate Amendments. ferred that we had a slightly different into institutions that may be beyond Mr. BENTSEN. Mr. Speaker, I rise today in process of going to conference with the their control, is a mistake. support of H.R. 1151, the Credit Union Mem- Senate, but there were circumstances What the credit union movement bership Access Act. This legislation is nec- which made that difficult, and it was symbolizes is an option for the average essary to ensure that credit unions can con- expedient to obtain final passage be- American, an option that is a commu- tinue to accept new members and consumers fore the recess. I certainly understand nity-controlled circumstance, an op- continue to have the freedom to select the fi- the judgment that was made. tion that has served the public nancial institutions of their choice. I am I hope that we can go forward in a historicly exceptionally well. I am con- pleased that Congress has acted so quickly to similar fashion on other legislation, fident it will in the future. I am proud reverse the February Supreme Court decision whether it is the IMF legislation, of this legislation. I believe it is com- ruling that credit unions were illegally allowed whether it is the financial services mon sense. I also believe that it is to form bonds between unrelated groups. H7050 CONGRESSIONAL RECORD — HOUSE August 4, 1998 As a member of the House Banking Com- is a resounding ``yes'' to credit union expan- law with the understanding that this legislation mittee, where this legislation originated, I am sion, ``yes'' to preserving the membership merely attempted to reaffirm and clarify this pleased that Congress has acted in a prudent rights of all current credit union members, and existing obligation . . . it does not negate or manner to ensure that credit unions can con- ``yes'' to making credit union services available eliminate it. tinue to accept new members. For many con- to even greater numbers of American families. A second change in the Senate amend- sumers, credit unions offer low-cost, well-man- The Senate-passed bill we are considering ments is the weakening of current regulatory aged financial institutions to serve their needs today incorporates virtually every single key and voting requirements for credit union con- including checking and savings accounts. I be- element of the bipartisan compromise that versions to mutual savings institutions. Cur- lieve that many Texans will benefit from this passed the House on April 1st with an over- rently, a credit union can not convert its char- legislation. whelming 411-to-8 vote. First and foremost, it ter without an affirmative vote of a majority of This legislation would overturn this Supreme protects the membership of every current its members. The Senate changed this to re- Court ruling and allow credit unions to serve credit union member and every group within a quire only a majority of the members who par- all consumers. This measure would establish credit union. It also permits common bond ticipate in a conversion vote. The Senate three different types of credit unions, including credit unions to continue to expand their field made no provision to assure adequate and ef- single common bond, multiple common-bond, of membership by including new occupation fective notice for conversion vote. Thus, under and community credit unions. Single common and association-based groups. The bill limits the Senate provision it is entirely possible for bond credit unions would be formed around this expansion, howeverÐfirst, by requiring a small fraction of a credit union's member- one single company. Multiple common-bond the creation of new, separate common-bond ship, either by manipulation or inadequate no- credit unions would include groups of up to credit unions wherever feasible; second, by tice, to convert a credit union and deprive the 3,000 that are in ``reasonable proximity'' to limiting the size of new groups to under 3,000 overwhelming majority of members of their each other. Larger groups could also join mul- members; and third, by requiring that these ownership rights and credit union services. tiple common-bond credit unions, as could small groups be included within a credit union This is an inappropriate change that could, persons in under served areas, through a for- that is located within reasonable proximity to without very strict regulation and supervision, mal review process at the National Credit the groupÐthus reinforcing a geographic facilitate the slow undoing of our credit union Union Association (NCUA), the federal agency ``common bond''. system. I intend to work with Chairman LEACH responsible for overseeing credit unions. Com- This ``proximity'' requirement is extremely to address this issue within another context. In munity credit unions would be based on a dis- important, and I insisted on its inclusion in the the meantime, I urge NCUA to exercise the tinct community. bill to ensure that we maintain, to the maxi- maximum feasible regulation of credit union This measure would also limit the amount mum extent practicable, the closest feasible conversions permissible under this legislation. that credit unions can provide for commercial geographic common bond. It was my intent in While these aspects of the bill continue to business loans to their members. The bill in- offering this provision that NCUA give a con- concern me, they are outweighed by the sig- cludes a provision to limit commercial busi- servative interpretation to the term ``reason- nificant improvements the bill makes in the ness loans to 12.25% of the credit union's as- able proximity'', allowing credit unions located Credit Union Act and by the need for imme- sets. Any credit unions that currently exceed in a larger city to incorporate only common diate action to resolve the pressing issues these limits would have three years to come bonds groups located within nearby sections raised by the Supreme Court. I believe this is into compliance. For any undercapitalized of that city. This would mean, for example in one of the most important bills Congress will credit unions, new loans would be restricted my own Congressional district, that a credit consider this year. It is an important victory for until their capital levels are increased to prop- union located in Rochester could incorporate the credit unions and, most important, it is a er levels. an eligible common bond within the Rochester tremendous victory for American consumers. This legislation would also provide important area. It should not be able to incorporate I am proud of the significant work and bipar- new protections to ensure that credit unions groups in outlying counties or in a nearby city tisan cooperation that went into the develop- are financially sound. These provisions include such as Buffalo, except in instances where ment of this legislation. It is good public policy. a requirement that credit unions larger than there is no local credit union capable of ex- I urge the House to suspend the rules and $10 million in assets must prepare a financial panding its services to serve these groups. adopt H.R. 1151. statement based upon generally accepted ac- Similarly, credit unions based in smaller cities Mr. THOMPSON. Mr. Speaker, I rise today counting principles and that credit unions larg- or towns, like Lockport or Niagara Falls in my in support of the final passage of H.R.1151, er than $500 million or more in assets must district, also should be able to incorporate new the ``Credit Union Membership Access Act.'' I have an independent audit of their financial groups only from within, or in close proximity was proud to be an early co-sponsor of the statements. This legislation also establishes to, those jurisdictions. However they should original House version of this bill, and I am new credit union capital requirements that also have priority in serving local groups glad to see the final product we will send to would determine the financial status of credit ahead of any credit union based outside the the President's desk includes most of the pro- unions. The legislation also requires that the area. This is an area where NCUA will not to visions in that bill. National Credit Union Share Insurance Fund provide detailed guidance to credit unions. Last year the Supreme Court ruled the (NCUSIF), the federal deposit insurance fund The core elements of this legislation, I'm members of a federal credit union must be or- for credit unions, must maintain a minimum of proud to say, follow the basic outline of a set ganized on the basis of a common occupa- 1.2 percent of insured deposits in order to of proposals I circulated last November to en- tional bond, which threatened the viability of save for future losses at credit unions. If the courage discussion of a compromise on the federal credit unions across the nation. This NCUSIF drops below this level, this legislation field of membership issue. Like my original suit was filed by one of the largest banks in would require the NCUA to increase assess- proposal, this legislation balances expansion the nation out of fear that credit unions were ments to reach this level. of credit union membership with preservation encroaching on business services which tradi- As a supporter of the House version of this of the traditional credit union values of com- tionally have been offered by banks. I find this bill on April 1, 1998, I am pleased that the mon bond and community. fear irrational, especially when one takes into Senate has also acted to approve this bill. The While this legislation adequately answers account the overall characteristics of the two bill being considered today would resolve this the questions raised by the Court and resolves industries. For example, the $5.4 trillion U.S. matter and ensure that credit unions can con- several over key credit union issues, it in- banking industry grew by more than $300 bil- tinue to grow and prosper. I urge my col- cludes two Senate changes that House Mem- lion last year, an amount almost as great as leagues to support this critical banking legisla- bers should be aware of. It deletes House lan- the total assets of all American credit unions tion. guage reaffirming the credit unions' obligation combined. Moreover, the average credit union Mr. LAFALCE. Mr. Speaker, in February the to serve persons of modest means within their has less than $28 million in assetsÐless than Supreme Court challenged Congress to an- field of membership. Let me emphasize that one sixteenth the size of the average banking swer a difficult policy questionÐwhether to up- this House provision only restated a long-un- institution. hold its narrow interpretation of the 60-year- derstood obligation in current law that credit The bill we are voting on today expressly old Federal Credit Union Act or overturn the unions must serve all potential members, and protects the structure of all existing credit Court and expand the scope of the Act to per- it attempted to provide greater parity in regu- unions and permits future credit unions to mit credit unions to serve a broader segment latory treatment between credit unions and gather members from multiple groups. Despite of the American public. other financial institutions. This provision the previous disagreements between the Today, we are giving a definitive answer to should not have been dropped. I strongly en- banking and credit union industries, I believe that question. I'm pleased to say the answer courage NCUA to continue enforcing current this design will permit both credit unions and August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7051 banks to continue to prosper by correcting the tion provisions of the bill along with the worth for a well-capitalized credit union so that flaws in existing law the Supreme Court has strengthening of the capital standards for cred- total member loans for business purposes unearthed. Most importantly, the bill will en- it unions. I am concerned, however, and want would be limited to 12.25%. Importantly, how- sure each working American is free to obtain to note here for the record that the Community ever, exceptions are provided along with a services from whatever type of financial insti- Reinvestment Act (CRA)-like requirements three year transition period for credit unions tution he or she considers best. were stricken from the bill. These were a posi- who do not immediately comply and special I am pleased to join with my colleagues on tive addition to the bill and one that I believe exception for credit unions established for both sides of the aisle in support of the Credit would have served credit unions and their such expressed purpose as fits the entity ac- Union Membership Access Act, and I look for- members well. The loss of this provision, how- tivities. For example commercially, fisherman ward to watching the President sign it into law. ever, should not jeopardize the work of the loans for their enterprise remain an appro- Mr. DAVIS of Illinois. Mr. Speaker I rise NCUA in providing some kind of community priate activity. today to express my concerns regarding H.R. service test in regulation for credit unions that Mr. Speaker and Members of this House, 1155, The Credit Union Membership Access are community based by their very name. we need to pass this bill today so that this cor- Act, as amended by the Senate on July 27, Such a regulatory test, focused on actual per- rective legislation with regards to credit unions 1998. While I recognize the important and formance in their own community is important can make its way to the President as soon as necessary role credit unions play in our econ- when credit unions form in order to serve spe- possible and become law. omy, it is my understanding that their creation cific communities and is a fair test of the Credit unions have been faced by the same was expressly premised upon the dire need to strength of a community credit union's charter. competitive pressures, changing technology, serve low-income communities and groups. It Despite my reservations about the loss of the and the evolution in products and services that was out of recognition of this unique obligation CRA-like provision, I recognize the importance other financial institutions are facing. In order that I worked to preserve the tax-exempt sta- of acting and acting now to resolve the mem- to meet the challenges of the 21st Century, tus for credit unions. The inclusion of an ex- bership issues for credit unions and do not credit union law, regulation and operation press requirement that credit unions serve want to hold up the good in pursuit of the bet- must modernize and grow responsibly. I urge economically disadvantaged groups appears ter. my Colleagues to support H.R. 1151, the to be a consistent, if not superfluous, corollary Mr. Speaker, credit unions are a vital part of Credit Union Membership Access Act. to these originally stated goals. Unfortunately, so many communities, neighborhoods, work- Mrs. MINK of Hawaii. Mr. Speaker, today is changing times has not ushered in an era places and towns across this great land. They a great day for credit unions and the concept where the need for financial institutions that provide needed financial services sometimes of grassroots movements in this nation. With serve underserved communities has dis- in special locations and places where afford- this bill, H.R. 1151, we are beating back ef- sipated. able, good services and credit is scarce. For forts of the big banks to limit access to non- In fact, the need to provide financial serv- all of those communities and members, Con- profit, community-oriented credit unions. ices to low-income communities is as compel- gress needs to modernize the 1934 credit With the unanimous support this bill re- ling today as it has ever been. There are end- union law and field of membership definitions ceived in the House, I have no doubt that this less accounts of individuals with limited finan- which certainly do not fit the socio-economic Senate version will pass today, and very soon cial means who have been unable to purchase reality of the 1990's. Credit unions have been the President will sign it into law. a home, unable to buy a car, unable to by in a straight-jacket even before the February H.R. 1151 is necessary because in Feb- other necessities of life simply because they court ruling because of the caution their regu- ruary of this year, credit unions were dealt a cannot find financing in the private sector. Ob- lator had to take in light of all the court ac- severe blow by the Supreme Court, which viously, it is proper and fitting to require credit tions. upheld a ruling prohibiting the practice of mul- unionsÐwho receive a subsidy from the gov- We have reached a point when credit union tiple-group federal credit unions. In multiple- ernment by virtue of their tax-exempt statusÐ law must move credit unions from the strict in- group credit unions, membership can consist to serve these underserved communities and terpretation of the ``common bond'' and ``field of more than one distinct group so long as groups. of membership'' law so that the economic re- each group has its own common bond. This It is quite ironic that the rationales offered in alities of the world of business and employ- practice maintains the long standing practice debate on the House floor in support of H.R. ment today: divestitures, mergers or closings of a credit union that its members have a 1151 were based upon the unique obligation of businesses, doesn't result in the double common bond, yet allow credit union member- credit unions have to serve lower-income whammy of the loss of financial services ship to continue to grow and thrive in our com- groups. Yet, this version of H.R. 1151 deletes through credit unions. The model that served munities throughout the nation. any express requirement that credit unions in the 1980's does not fit the 1990's anymore H.R. 1151, overturns the Supreme Court rul- serve these communities or groups. This irony than the laws governing other financial institu- ing and allows credit unions to expand mem- is further underscored by the fact that it has tions fit. bership outside of their original group, as been an unwritten policy of the National Credit By creating a new mechanism for adding along as new members share common bond Union Administration that credit unions must so-called select employee groups, basically al- with each other. significantly endeavor to serve low-income lowing multiple common-bond credit unions, This is a particular victory for smaller com- groups. Nevertheless, I am hopeful that this we are revamping and facilitating the federal munities and organizations that cannot main- unwritten policy will continue. credit union law and empowering credit unions tain a credit union on their own. This bill will Mr. VENTO. Mr. Speaker, I rise today in to adapt to the 1990's market place. Once allow them to join existing credit unions. This support of this urgently needed legislation for law, the provisions of H.R. 1151 will provide is especially important in the rural areas of my current credit unions and their members who clear direction to the National Credit Union Ad- state where groups may be too small to start have been jeopardized by the Supreme ministration (NCUA) including a 3,000 field of their own credit union. Financial institution op- Court's decision in February. The House membership guideline and a reasonable prox- tions are often limited in rural communities; passed this bill in April and the other body fi- imity test. It also affords the regulator with this bill will help assure that individuals and nally sent our bill back to us last week with flexibility to accommodate groups that may not families in rural communities have access to some changes. meet this test but that would find it difficult to credit union alternatives. This bill will protect the ten to twenty million form a single-bond credit union of their own. I was told that without this bill up to 69 of credit union members that could be affected We will now have a significantly strength- Hawaii's 113 credit unions could have been by the Supreme Court ruling this past Spring. ened regulatory foundation for credit unions, affected by the Court decision to limit credit H.R. 1151 as passed by the House earlier and the regulator and the insurance fund by add- union membership. now as passed by the Senate with amend- ing capital and net worth requirements to be Credit Unions are unique financial institu- ment should also assist future credit unions established by the National Credit Union Ad- tions built upon the idea of members in a com- and their members by providing additional ministration. The NCUA will be empowered munity helping one another. It is the concept statutory direction that can hopefully immunize with important prompt corrective action pow- that collectively we can do more for each the credit union industry from future law suits. ers, like those that have been established to other than on our own. We need to preserve Following the lead provided by our good govern the banks and thrifts. These important this unique nature of credit unions and support work in the House Banking Committee, the safety and soundness provisions should not membership access to our credit unions. Senate made limited and mostly positive be overlooked. I urge my colleagues to join me in support- amendments to H.R. 1151. I support the The Senate has added a further limitation ing the Credit Union Membership Access Bill. changes made to the Prompt Corrective Ac- on member business loans, based on a net Let's send this bill to the President today! H7052 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Mr. LEACH. Madam Speaker, I yield Whereas the United States is currently en- negotiations would undermine the ability of back the balance of my time. gaged in a number of outstanding trade dis- the United States to achieve a successful re- The SPEAKER pro tempore (Mrs. putes regarding agricultural trade; sult in the World Trade Organization nego- Whereas disputes with the European Union tiations on agriculture set to begin in De- EMERSON). The question is on the mo- regarding agriculture matters involve the cember 1999; and tion offered by the gentleman from most intractable issues between the United (7) the President should consult with the Iowa (Mr. LEACH) that the House sus- States and the European Union, including— Congress in a meaningful and timely manner pend the rules and concur in the Sen- (1) the failure to finalize a veterinary concerning trade negotiations in agriculture. ate amendment to the bill, H.R. 1151. equivalency program, which jeopardizes an The SPEAKER pro tempore (Mrs. The question was taken; and (two- estimated $3,000,000,000 in trade in livestock products between the United States and the EMERSON). Pursuant to the rule, the thirds having voted in favor thereof) gentleman from Illinois (Mr. CRANE) the rules were suspended and the Sen- European Union; (2) the ruling by the World Trade Organiza- and the gentleman from California (Mr. ate amendment was concurred in. tion that the European Union has no sci- MATSUI) each will control 20 minutes. A motion to reconsider was laid on entific basis for banning the importation of The Chair recognizes the gentleman the table. beef produced in the United States using from Illinois (Mr. CRANE). growth promoting hormones, and that the f European Union must remove by May 13, GENERAL LEAVE 1999, its import ban on beef produced using Mr. CRANE. Madam Speaker, I ask SENSE OF CONGRESS THAT ELIMI- growth promoting hormones; unanimous consent that all Members NATION OF TRADE RESTRIC- (3) the failure to use science, as in the beef may have 5 legislative days within TIONS ON IMPORTATION OF U.S. hormone case, which raises concerns about which to revise and extend their re- AGRICULTURAL PRODUCTS the European Union fulfilling its obligations marks and include extraneous material SHOULD BE TOP PRIORITY under the WTO Agreement on the Applica- tion of Sanitary and Phytosanitary Meas- on House Concurrent Resolution 213, as Mr. CRANE. Madam Speaker, I move ures; amended. to suspend the rules and agree to the (4) the promulgation by the European The SPEAKER pro tempore. Is there concurrent resolution (H. Con. Res. 213) Union of regulations regarding the use of objection to the request of the gen- expressing the sense of the Congress specified risk materials for livestock prod- tleman from Illinois? that the European Union is unfairly re- ucts which have a disputed scientific basis There was no objection. stricting the importation of United and which serve to impede the importation Mr. CRANE. Madam Speaker, I yield of United States livestock products, despite myself such time as I may consume. States agricultural products and the the fact that no cases of bovine spongisorm elimination of such restrictions should encephalopathy (mad cow disease) have been Madam Speaker, as amended by the be a top priority in trade negotiations documented in the United States; Committee on Ways and Means, House with the European Union, as amended. (5) the ruling by the World Trade Organiza- Concurrent Resolution 213 calls on the The Clerk read as follows: tion in favor of the United States that the President to first develop a trade agen- European import regime restricting the im- H. CON. RES. 213 da which actively addresses agricul- portation of bananas violates numerous dis- Whereas on a level playing field, United tural trade barriers and trade negotia- ciplines established by the General Agree- tions; secondly, seek competitive op- States producers are the most competitive ment on Tariffs and Trade and the General suppliers of agricultural products in the Agreement on Trade in Services, and that portunities for U.S. exporters that are world; the European Union must be in full compli- substantially equivalent to those op- Whereas United States agricultural ex- ance with the decision of the World Trade portunities foreign products enjoy in ports reached a level of $57,000,000,000 in 1997, Organization by January 1, 1999; the U.S. market; and finally, aggres- compared to a total United States merchan- (6) the hindering of trade in products sively pursue full compliance by our dise trade deficit of $198,000,000,000; grown with the benefit of biogenetics trading partners with dispute settle- Whereas the future well-being of the through a politicized approval process that is ment decisions of the World Trade Or- Unites States agricultural sector depends, to nontransparent and lacks a basis in science; a large degree, on the elimination of trade and ganization. barriers and the development of new export (7) continuing disputes regarding European The United States possesses the most opportunities throughout the world; Union subsidies for dairy and canned fruit, efficient and competitive agriculture Whereas increased United States agricul- and a number of impediments with respect to sectors in the world. Agricultural tural exports are critical to the future of the wine: Now, therefore, be it goods accounted $93.1 billion in total agricultural, rural, and overall economy of Resolved by the House of Representatives (the two-way trade during 1997, up 40 per- the United States; Senate concurring), That it is the sense of the cent or $26.6 billion, from 1992. U.S. ag- Whereas the opportunities for increased Congress that— agricultural exports are undermined by un- (1) many nations, including the European ricultural exports alone stood at about fair subsidies provided by trading partners of Union, unfairly restrict the importation of $56 billion in 1997. However, this num- the United States, and by various tariff and United States agricultural products; ber is projected to fall by about $4 bil- nontariff trade barriers imposed on highly (2) the restrictions imposed on United lion in 1998. competitive United States agricultural prod- States agricultural exports are among the My own State of Illinois is the third ucts; most vexing problems facing United States largest agricultural exporting State, Whereas the Foreign Agricultural Service exporters; shipping nearly $4 billion in agricul- estimates that United States agricultural (3) the elimination of restrictions imposed tural exports abroad, or 6.7 percent of exports are reduced by $4,700,000,000 annually on United States agricultural exports should due to the unjustifiable imposition of sani- be a top priority of any current or future the U.S. total in 1996. The largest ex- tary and phytosanitary measures that deny trade negotiation; port categories, feed, grain, and soy- or limit market access to United States (4) the President should develop a trade beans, accounted for over 75 percent of products; agenda which actively addresses agricultural Illinois’ agricultural exports in 1996. Whereas Asian markets account for more trade barriers in multilateral and bilateral The resolution notes that agricul- than 40 percent of United States agricultural trade negotiations and steadfastly pursues tural markets in Asia, accounting for exports worldwide, but the financial crisis in full compliance with dispute settlement de- more than 40 percent of U.S. agricul- Asia has caused a severe drop in demand for cisions of the World Trade Organization; tural exports worldwide, have been se- U.S. agricultural products and a consequent (5) in such negotiations, the United States drop in world commodity prices; should seek to obtain competitive opportuni- verely affected in a negative way by Whereas multilateral trade negotiations ties for United States exports of agricultural the Asian financial crisis. Because of under the auspices of the World Trade Orga- products in foreign markets substantially this economic downturn, combined nization and the Asia Pacific Economic Co- equivalent to the competitive opportunities with the fact that domestic food con- operation Forum and trade negotiations for afforded to foreign exports in United States sumption is projected to remain rel- a Free Trade Area of the Americas represent markets, and to achieve fairer and more atively stable, the further elimination significant opportunities to reduce and open conditions of trade; of trade barriers and development of eliminate tariff and nontariff trade barriers (6) because of the significance of the issues new export opportunities is essential to on agricultural products; concerning agricultural trade with the Euro- Whereas negotiations for country acces- pean Union, the United States Trade Rep- the economic health of U.S. agricul- sions to the World Trade Organization, par- resentative should not engage in any trade tural producers. ticularly China, present important opportu- negotiation with the European Union if the The Administration’s inaction on the nities to reduce and eliminate these barriers; Trade Representative determines that such fast track issue means we are missing August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7053 opportunities every day to improve the tion of dispute settlement decisions pen, that would have more of a danger well-being and future security of U.S. under the WTO, elimination of export in terms of our leadership in the area farmers and ranchers. House Concur- subsidies, achieving transparency in of agriculture and also free trade, so it rent Resolution 213 makes the point foreign regulatory policies, opening up is my hope that both parties would that disputes regarding agricultural foreign market access, and ensuring begin to look at this in terms of trying matters involve the most difficult and that our farmers can export goods pro- to work a consensus, not trying to just intractable intractable issues between duced with safe advanced techniques, push something through. the U.S. And our largest trade and in- such as biotechnology. Madam Speaker, I reserve the bal- vestment partner, the European union. The need to address these issues has ance of my time. For example, Europe continues to become urgent in light of the impact of Mr. CRANE. Madam Speaker, I yield maintain an import ban on beef pro- the financial crisis reducing demands 3 minutes to our distinguished col- duced using growth-promoting hor- for U.S. agricultural exports in Asia. league, the gentleman from my home mones, despite the fact that WTO has These exports account for over 40 per- State of Illinois (Mr. EWING), who was ruled that there is no scientific basis cent of our agricultural exports world- author of the original resolution that for this ban and that it must be re- wide. The negotiations on agriculture we have under consideration today. moved by May 13, 1999. House Concur- scheduled to begin next year in the (Mr. EWING asked and was given per- rent Resolution 213 underscores the WTO, as well as negotiations in the mission to revise and extend his re- fact that Congress fully expects that APEC and for the Free Trade Area of marks.) Europe will come into compliance with the Americas, offer important opportu- Mr. EWING. Madam Speaker, my per- its international obligations by this nities to reduce and eliminate the var- sonal thanks goes to the gentleman date, at the latest. ious barriers to trade and agricultural from Illinois (Chairman CRANE) and to In another important ruling for U.S. goods. the gentleman from California (Mr. interests, the WTO determined that the As noted in the resolution, disputes MATSUI) for their support of this reso- convoluted licensing and quota system regarding market access under existing lution, and to the gentleman from restricting the importation of bananas trade agreements involve the most dif- Texas (Chairman ARCHER) for seeing into the EU violates numerous provi- ficult issues between the United States that this piece of legislation is brought sions of the WTO and must be brought and our second largest agricultural ex- to the floor. I am very appreciative. I under compliance by January 1 of 1999. port market, the European Union. Eu- think it is very important. I think it Full implementation of these WTO rope has not yet lifted its import ban sets a pattern for all of us and for decisions against the EU will show the on beef products with growth hor- American agriculture. world whether Europeans are commit- mones, nor implemented changes in its The resolution is really very ted to the credibility and long-term vi- banana import regime to comply with straightforward. It expresses the sense ability of the WTO dispute settlement their obligations under the WTO. of Congress that liberalization of trade European regulations lack the sound system. This resolution underscores and agriculture should be a top prior- scientific basis for impeding U.S. ex- the importance that this body places ity in any negotiation between the U.S. ports of livestock products and prod- on aggressively pursuing trade negotia- and European Union on a trade agree- ucts grown with the benefit of bio- tions to eliminate trade barriers to ment. genetics. We continue to have disputes American agricultural exports. Agriculture has a unique role in our over European subsidies for dairy, It calls upon the President to develop export economy. While the total U.S. canned fruits, and there are numerous a trade agenda that puts a priority on trade position has been in deficit since impediments for American wine ex- addressing these barriers in negotia- 1971, U.S. agricultural exports have ports. consistently been in surplus. Millions tions under the auspices of the World Madam Speaker, agricultural exports of Americans find their employment Trade Organization and the Asia-Pa- are critical to the future health of because of our agricultural exports. cific Economic Cooperation Forum, America’s farms and our overall econ- About 40 percent of American agricul- and trade negotiations for a Free Trade omy. Foreign government compliance tural commodities are exported. Agreement of the Americas. with the existing trade agreement com- The European Union has an agricul- I hope my colleagues will give their mitments and the opening of new mar- tural policy, though, that is one of the unanimous support to the important ket opportunities through trade nego- most archaic in the world. The Com- objective of achieving additional mar- tiations are essential. ket opportunities for U.S. agricultural I might just add that I am a sup- mon Agricultural Policy and free mar- exports, and I urge a yes vote on House porter of the fast track legislation, al- ket capitalism really are mutually ex- Concurrent Resolution 213. though I have not been contacted for- clusive. They spend billions of dollars Madam Speaker, I reserve the bal- mally by anyone on the other side of subsidizing their agriculture products ance of my time. the aisle in terms of the intention of and exports. This, of course, disrupts Mr. MATSUI. Madam Speaker, I bringing this issue up in September of our ability to trade with the European yield myself such time as I may con- this year. community. sume. The administration, as we know, sup- In April of this year, the European Madam Speaker, I rise in support of ports fast track. They put a great ef- Union proposed a new trans-Atlantic House Concurrent Resolution 213. This fort into it last year. But since we are marketplace which would create a free resolution reflects the importance of reopening the whole discussion on lan- trade agreement between the European agricultural to our Nation’s economy, guage on the whole issue of agri- community and the U.S. Amazingly, and the fact that the elimination of culture, which I think makes a lot of the proposed framework left out agri- foreign restrictions to our agricultural sense, we also ought to look at ‘‘nec- culture as one of the areas which would exports must be a top priority in trade essary and appropriate,’’ that lan- be negotiated. negotiations. guage, and we ought to look at labor The gentleman from Texas (Chair- American farmers are the most com- and the environment as well. man ARCHER) imposed this resolution petitive suppliers in the world. They If we want to maximize our votes on when he proposed an amendment which exported over $57 billion worth of agri- both sides of the aisle, and right now I said, we will not just apply this to the cultural goods last year, an increase of do not believe there are the votes to European community but to all of our nearly one-third since 1992. Yet, old pass fast track, then we should renego- trading partners. I wholeheartedly barriers and the continuing creation of tiate this and look at a realistic way, adopt and accept his amendment. new ones affecting agricultural trade frankly, of trying to get a consensus. The passage of the Freedom to Farm are some of the most recognized prob- But if we all become stubborn, we Act in 1996 set the policy that we must lems U.S. exporters face. They are also stiffen our backs, we are going to face help our farmers be more reliant on the among the most challenging for U.S. the same thing we did last November marketplace and less on big govern- trade negotiators to resolve. 14; that is, defeat of this legislation. ment solutions. Congress cannot on Among the most important agricul- We cannot afford to take this to the one hand say, look to the marketplace, tural trade issues are the implementa- floor and defeat it. If that should hap- and with the other hand allow access H7054 CONGRESSIONAL RECORD — HOUSE August 4, 1998 to markets to be slammed shut. If the tleman from Illinois (Mr. EWING) for lion more. Because countries like U.S. is unable to pry open foreign mar- bringing this resolution to the floor China restrict our meat, wheat and cit- kets and be seen as a reliable supplier today. rus imports and the European Union of agricultural products, calls for a re- It is very important that Congress go hides behind pseudo phytosanitary and turn to farm payments and subsidies on record in the strongest possible sanitary barriers to U.S. agricultural are inevitable. terms that we have got to knock down imports, we, our farmers, that is, are b 1245 agriculture barriers around the coun- cost a lot of money, about 5 billion at try, around the world. least. We must guarantee our farmers ac- The United States is committed to Mr. Speaker, Ambassador Carla Hills, cess to foreign markets and fair and eq- free and fair trade. In fact, we have not former USTR, and President George uitable treatment in those markets. I only the largest market in the world Bush nearly imposed hundreds of mil- am proud to be a sponsor of this resolu- but in many respects the most open lions of dollars in additional tariffs on tion in the House and ask Members to market in the world. Yet we see around European gourmet products sold in the vote yes to express our commitment to the world that there are many coun- United States because the European protecting our farmers. tries that do not offer the same kind of Union would not agree to reduce export Mr. MATSUI. Madam Speaker, I treatment to our products. We have got subsidies under the Uruguay Round yield such time as he may consume to to insist that other countries around trade negotiations. That near trade the gentleman from Arkansas (Mr. the world, particularly in the devel- war ultimately led to the Blair House BERRY). oped world and particularly the Euro- agricultural trade accord and eventu- Mr. BERRY. Madam Speaker, I rise pean Union, open up their markets and ally the creation of the World Trade in support of this bill. I also rise in comply with basic international rules Organization. support of America’s hard working that are found in the General Agree- Ambassador Hills and the President, farmers. The farmers in Arkansas are ment on Tariffs and Trade, GATT, also President Bush, proved, through their facing a crisis. Troubles are coming at the General Agreement on Trade and proposed 301 trade action, that trade them from all directions. Services, and we must also insist that liberalization often only occurs when In our State we have drought, flood- these other countries around the world tough trade sanctions are taken or ing, disease, low prices and no tradi- fully comply with the decisions of the credibly threatened. It is an important tional safety net. Then we add in un- WTO. lesson that Ambassador Barshefsky fol- fair competition, and they are at the I am particularly pleased that the lowed in her intellectual property end of their rope. House will now be on record today spe- rights action against the People’s Re- I come here today to ask my col- cifically objecting to the EU non- public of China, and it is a lessen we leagues to join me to help them compliance with the clear WTO rulings may have to revisit again. through this, and all America’s farm- against the European Union’s banana Currently many foreign countries ers. House Concurrent Resolution 213 regime and against their beef hormone necessarily cling to protectionist poli- sends a message to the Europeans that policy. cies in agriculture while reducing trade we believe that huge export subsidies We also are on record today urging barriers in other sectors. The United and restrictive trade barriers are un- that the President continue to stead- States, as one of the world’s most com- fair and should be ended. The American fastly pursue full compliance with petitive agricultural exporters, cannot farmer is having to compete with the WTO dispute settlement decisions on stand by while foreign countries deny combined treasuries of the European these two matters. Again, I want to our farmers the ability to sell their Union. It is unwise to pump billions of commend the chairman, the gentleman products. dollars into inefficient farm practices from California (Mr. MATSUI) and oth- Therefore, Madam Speaker, this reso- to create produce which is inexpensive ers for bringing this to the floor, for lution is also important because it tells enough to compete in the international highlighting this issue, and for con- the USTR that it must use all conceiv- marketplace. This is what the Euro- tinuing to put pressure on the Euro- able remedies to open foreign markets pean Union does. peans to do the right thing, to open to U.S. agriculture exports. Two big problems this creates are, it their markets in a fair way to our Mr. Speaker, this Member rises in strong keeps their farmers from developing products. support of H. Con. Res. 213 and this Member better farm practices, and it makes it Mr. MATSUI. Madam Speaker, I re- would like to commend the two distinguished impossible for our farmers to have a serve the balance of my time. gentlemen from Illinois (Chairman CRANE and fair opportunity to sell their goods Mr. CRANE. Madam Speaker, I yield Chairman EWING) and the gentleman from internationally. America exports 30 2 minutes to the gentleman from Ne- California (Mr. MATSUI) for bringing this impor- percent of its farm products despite the braska (Mr. BEREUTER), chairman of tant resolution to the floor. tough competition created by the sub- the Subcommittee on Asia and the Pa- H. Con. Res. 213 is extremely important for sidized European produce. Two years cific of the Committee on Inter- two reasons. First, it puts on notice those for- ago we changed our farm programs to national Relations. eign countries that restrict access to U.S. agri- make trade the safety net for Ameri- (Mr. BEREUTER asked and was cultural exports that the United States will sim- ca’s farmers. The farmers in America given permission to revise and extend ply not continue to tolerate formal or disguised are the most efficient in the world. his remarks.) barriers to U.S. agricultural imports. Though Only if they have open access to for- Mr. BEREUTER. Madam Speaker, I the United States agricultural trade surplus to- eign markets will trade be an adequate thank the gentleman for yielding me talled approximately $57 billion in 1997, it replacement for our old farm programs. this time. should have been at least $5 billion more be- Normal trade relations, fast track I want to commend the two gentle- cause countries like China restrict our meat, and IMF, all of these should be done, men from Illinois (Mr. CRANE) and (Mr. wheat, and citrus imports and the European and also the stabilization of the Asian EWING) and the gentleman from Cali- Union hides behind pseudo phytosanitary and economies, and they are all imperative fornia (Mr. MATSUI) for bringing this sanitary barriers to U.S. agricultural imports. to the U.S. farmer. So is leveling the important resolution to the floor. I am Their actions cost American farmers approxi- playing field so our highly efficient in strong support of it. mately $5 billion in annual sales. farmers can succeed. It is extremely important for two Mr. Speaker, Ambassador Carla Hills, the I urge my colleagues to support this reasons: First, it puts on notice those former USTR, and President George Bush bill and support fair trade. foreign countries that restrict access nearly imposed hundreds of millions in addi- Mr. CRANE. Madam Speaker, I yield to U.S. agricultural exports that the tional tariffs on European gourmet products 2 minutes to the gentleman from Ohio United States will simply not continue sold in the United States because the Euro- (Mr. PORTMAN). to tolerate formal or disguised barriers pean Union would not agree to reduce export Mr. PORTMAN. Madam Speaker, I to U.S. agriculture imports. Though subsidies under the Uruguay Round trade ne- thank the gentleman for yielding me the United States agriculture trade gotiations. That near trade war ultimately led the time. I thank the gentleman from surplus totaled nearly $57 billion in to the Blair House agricultural trade accord California (Mr. MATSUI) and the gen- 1997, it should have been at least 5 bil- and eventually the creation of the World Trade August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7055 Organization. Ambassador Hills and President gress, because for 20 months, since I China. They are getting every penny Bush proved through their proposed 301 trade have been back in Congress, I have they can out of it. They are squeezing action that trade liberalization often only oc- pounded the table, I have talked about the Buffalo on the nickel. curs when tough trade sanctions are taken or the unfair trade barrier of growth hor- This is a sense of the Congress reso- credibly threatened. It is an important lesson mones with the European Union. They lution. I can support it. But it does not that Ambassador Barshefsky followed in her have literally stopped the market of have enough teeth. intellectual property action against the Peo- United States beef and, think about The Constitution of the United ple's Republic of China, and it is a lesson that the crisis. Our cattle people having to States of America says, the United we may have to revisit again. go to market because they do not have States Congress shall regulate com- Currently, many foreign countries nec- grass, hay or feed. The drought has merce with foreign nations. It does not essarily cling to protectionist policies in agri- wiped them out. They have to sell large mean that we should turn that power culture while reducing trade barriers in other numbers cheap on the domestic mar- over to the White House. It does not sectors. The United States, as one of the ket. They cannot sell overseas. They mean that a bunch of bureaucrats in world's most competitive agricultural exporters, are in an unfair situation. the trade rep’s office, who end up going cannot stand by while foreign countries deny I know the agony and the pain of the on the employ of China and Japan cor- our farmers the ability to sell their products. American cattleman because I was porations, should make that decision. Therefore, Mr. Speaker, this resolution is there in the drought of 1956. I was there Congress should do it. also important because it tells the United selling cattle for 10 cents a pound. I Here is what I am saying. We should States Trade Representative that it must use know what they are going through. We have a reciprocal trigger in our trade all conceivable remedies to open foreign mar- must do everything we can. We must agreements that says, you have free kets to U.S. agricultural exports. That includes have the will to help the American trade as long as we have free trade. But not ``cherry picking,'' or negotiating trade liber- farmer be able to stay on the farm and when you put up a barrier, you will re- alization in individual sectors, while undermin- the cattlemen be able to continue to ceive a barrier in kind from Uncle ing our ability to have a cross-sectoral, multi- produce. Sam. lateral trade negotiation that drastically re- I was in Europe, and one of the Agri- That is the way to do it. If we do not, duces barriers to agricultural trade. It also in- culture ministers said to me, we will we are going to pay the piper, we are cludes recognizing that we must use access to pay whatever the price to maintain going to continue to lose big, good pay- our own market as leverage to gain market their domestic agriculture food basket. ing jobs. If I had $100 million to invest, access for U.S. agricultural exports worldwide. They will, because they went hungry I sure as hell would not invest it in We cannot, for example, continue to see the twice, once in World War I and once in America. I would go right across the European Union ignore science and impose its World War II. We must have the will if board to Mexico with no regs, with low attitudes on hormones as a phoney barrier we are going to maintain the American labor costs. And they are doing it. And against beef exports from my state and our agriculture for the National Security get ready for it, no one wants to listen. Nation. of our country. Idealism has taken over the United This Member urges the United States Trade Mr. MATSUI. Madam Speaker, I States Congress. I think Congress Representative to negotiate forcefully on be- yield 4 minutes to the gentleman from should be a little more practical, take half of U.S. agriculture as we approach the Ohio (Mr. TRAFICANT). back the powers that the Constitution 1999 agricultural negotiations through the (Mr. TRAFICANT asked and was has vested in us and regulate com- World Trade Organization. given permission to revise and extend merce with foreign nations on a fair, This Member urges his colleagues to sup- his remarks.) reciprocal basis. port H. Con. Res. 213. Mr. TRAFICANT. Madam Speaker, I If we do not do that, in my opinion Mr. CRANE. Madam Speaker, I yield hate to come to the floor and oppose we have failed the American worker, 2 minutes to the gentleman from Okla- these bills, and I am certainly not failed the American taxpayers and, homa (Mr. WATKINS), another distin- going to oppose this resolution. worst of all, we fail ourselves, fail our- guished colleague on the Committee on It bothers me when I oppose two of selves. Ways and Means. the finest Members of the House, the I love the chairman, the gentleman (Mr. WATKINS asked and was given gentleman from Illinois (Mr. CRANE), from Illinois (Mr. CRANE), and the gen- permission to revise and extend his re- the gentleman from California (Mr. tleman from California (Mr. MATSUI). marks.) MATSUI). But so help me, I disagree They are doing a good job. But I would Mr. WATKINS. Madam Speaker, in with our trade policy. hope that they would look at reciproc- my 16 years of service in the United I believe our trade policy is now a na- ity and some fairness for American States Congress, I have never spoken tional security problem, and no one is trade. twice one day after the other on the looking at it. Our trade deficits con- Mr. CRANE. Madam Speaker, I would floor of the House. I rise to speak today tinue to explode. Our negative balance remind my colleague from Youngstown because of the crisis of the American of payments at record levels. And ev- that we are trying to move in that di- farmer and rancher. It is one that is erybody idealistically pushing a button rection, and I know it is not as fast as caused by the closing of markets in that I believe in all practical purposes he would like, but we are. I would Asia, where we normally export 45 per- is not working. again remind him that we have been, cent of our agriculture exports. Quite frankly, many of our competi- to our dismay, at full employment for We find also that the European Union tors simply do not open their markets. almost 3 years in a row now. is subsidizing their internal as well as China, Europe, Japan, every President Madam Speaker, I yield 2 minutes to their external markets by some 75 per- since Nixon threatened Japan with the gentleman from Iowa (Mr. cent of their budget. Freedom to farm sanctions, including the current Presi- LATHAM). should mean also freedom to the mar- dent, President Clinton. If every Presi- Mr. LATHAM. Madam Speaker, I kets. dent had to threaten Japan every 2 thank the gentleman for yielding me Today we have also another crisis, years with sanctions, it is evident to the time, and I want to thank the gen- and that is the most severe drought me, just the son of a truck driver, that tleman from Illinois (Mr. CRANE) and since the dust bowl days or 1934 and un- Japan has never complied, Japan has the gentleman from Illinois (Mr. less the weather changes the worst never opened their markets, and we are EWING) for authorizing this resolution. drought in the history of our country a bunch of fools. I rise in strong support. come September or come October. We China has a 34 percent tariff on most The European Union is a critical have a survival problem on the farm. I of our goods. They are selling tennis market for U.S. agriculture. U.S. agri- urge President Clinton, Agriculture shoes, they were called sneakers in the culture exports to the European com- Secretary Dan Glickman, and this Con- old days, for $150 that cost 17 cents a munities were 10.5 billion in 1997, and gress to provide additional emergency pair to make over there. I do not see imports from the EU to the U.S. to- drought relief funds for feed and hay any signs in K Mart and Wal-Mart that taled about 7.5 billion. assistance. I am delighted to be here say, these sneakers only cost $8 be- However, the fact remains, the EU supportive of this sense of the Con- cause they are only costing 17 cents in subsidizes agriculture far more than H7056 CONGRESSIONAL RECORD — HOUSE August 4, 1998 the United States. The EU export sub- scientists working in the U.S. because giant U.S. multinational corporation Chiquita sidies and domestic support programs their research cannot be supported in Banana, unilaterally went to the World Trade are estimated to total almost $50 bil- Europe. I think the Europeans are be- Organization in an effort to tear down the rela- lion. U.S. programs total about $5.5 bil- ginning to get the message. They are tionship the European Union had with small lion. The European Union’s agricul- going to be left behind, with an anti- and family farmers in the Carribean. tural policies are so punitive that they quated, costly agricultural sector. The European Union had set up a special have actually been known to distort Of course, the EU’s common agricul- trade relationship with their former colonies in entire world markets. tural policy is wrongheaded. Over time the Carribean and West Africa. This was going to be sunseted in 10 years but Chiquita want- b 1300 it will have to change because of changes in the world economy and be- ed it ended immediately, before the Carribean Tariff and nontariff trade barriers cause of the pending admission of Po- had a chance to develop alternative economic must come down. land, Hungary, and the Czech Republic strategies. The United States Trade Rep- These policies hurt American farm- to the EU. The current policies of the resentative still refuses to negotiate with the ers, they toy with our world markets, EU are clearly not sustainable. Windward Islands and they now face imminent and we must level the playing field. I understand the concerns of our economic catastrophe. Free and fair trade is critical to the farm sector now under the dual threat Our actions directly led to this negative out- success of our agricultural community. of drought conditions and of unfair come. This legislation only increases the pos- This Congress will continue to fight subsidies from Europe. But I am con- sibility that other small developing countries for improved access for agricultural ex- cerned that the controversies over the will suffer as a result of our battles with other ports. The President should join Con- effect of our sanctions policies have led economic giants like the European Union. We gress in reducing and eventually elimi- some to blame the downturn in our ag- need to approach each trade situation on a nating agriculture from foreign sanc- ricultural exports as being related to case by case basis and use thoughtful nego- tions. the implementation of our national se- tiating to avoid other Carribean like disasters. The 1999 World Trade Organization curity statutes. In fact, sanctions af- For these reasons I oppose this bill. negotiations should address the issues fect, if anything, a very small propor- Mr. SMITH of Oregon. Madam Speaker, I that are important to America’s farm- tion of our $60 billion agricultural ex- rise in support of H. Con. Res. 213, which ex- ers and important to rural America’s ports. presses the sense of Congress that the elimi- economic health. The 1999 World Trade And in the case of the Pakistan sanc- nation of restrictions on U.S. agricultural prod- Organization negotiations present the tions, we moved quickly, cooperating ucts by U.S. trading partners should be a top administration with an opportunity to with the Committee on Agriculture, priority in trade negotiations. I congratulate Mr. reduce barriers to free trade and ex- and amended the sanctions law to pre- Ewing, the sponsor of this resolution, Mr. Ar- pand on the many opportunities that vent any loss of our export markets by cher, the Chairman of the Committee on Ways will assist our cash-strapped farmers, allowing substantial taxpayer dollars and Means, and Mr. Crane, the Chairman of and we must insist that decisions are to help support wheat sales to Paki- the Trade Subcommittee, for bringing this res- based on sound science in Europe. stan. olution before the House. It is in the United States’ best inter- Madam Speaker, we need to con- It is very important that agriculture should ests to address unfair trade practices centrate on the real problems of agri- be a top priority with the Administration in all trade negotiations. This resolution calls on the during the next year’s negotiations. culture. We should refrain from creat- President to develop such a trade agenda and Let’s continue to push for reduction in ing the impression that by tearing for the U.S. to seek competitive opportunities nontariff trade barriers, and I hope the down our national security laws we are for U.S. agricultural exports. Finally, the reso- U.S.-European trade relationship will going to do something substantial to lution provides that the U.S. Trade Represent- continue to be successful in the future. help our farmers. ative should not engage in trade negotiations Mr. CRANE. Madam Speaker, I yield I just want to remind my colleagues with the European Union if the U.S. Trade 2 minutes to the gentleman from New that we have important meetings with Representative determines that trade negotia- York (Mr. GILMAN.) our European Union parliamentarians, tions would undermine a successful result in (Mr. GILMAN asked and was given and I would urge my colleagues to help permission to revise and extend his re- the 1999 WTO negotiations. participate in those exchanges. I think While this resolution is directed at all na- marks.) it would help them to more fully un- tions, the European Union is specifically men- Mr. GILMAN. Madam Speaker, I derstand the complexities of our own tioned. Using any yardstick, the EU subsidizes would like to address a bill that passed problems. agriculture more than the U.S. This is a well already, and that is the common agri- Mr. MATSUI. Madam Speaker, I known fact. EU export subsidies and domestic cultural policy. I come to the floor in yield myself such time as I may con- support total $47 billion. U.S. export subsidies my capacity as chairman of our Com- sume, before I yield back the balance and domestic support total $5.3 billion. mittee on International Relations, and of my time, to first commend the gen- Not only does the EU spend large amounts having participated for many years in tleman from Illinois (Mr. CRANE) for of money, it spends that money on programs the exchange between our Nation and bringing this bill through the sub- that distort world markets. Certainly the EU the European Parliament, I certainly committee, the full committee, and on should spend whatever it and its taxpayers de- agree with the thrust of that measure. to the floor of the House; and I want to termine appropriate to support EU farmers. The European Union’s agricultural also congratulate, of course, the gen- But the EU should not link that support to pro- policies are certainly aggravating our tleman from Illinois (Mr. EWING) as duction and thereby distort world agriculture bilateral relations and are harming well. markets. American farmers and American high- Ms. WATERS. Mr. Speaker, reluctantly I For American farmers and ranchers, trade is tech industries. In our Committee on must rise in opposition to H. Con. Res. 213. an essential part of their livelihood. Currently International Relations we have had a While I understand and support the interest of exports account for 30% of U.S. farm cash re- number of hearings on the EU’s poli- our domestic agricultural sector, this resolution ceipts. We produce much more than we con- cies which unduly restrict exports of could have far reaching negative ramifications. sume in the United States; therefore exports bioengineered products. We have taken This Sense of Congress expresses Con- are vital to the prosperity and success of U.S. that policy up directly with the presi- gressional disapproval of the European farmers and ranchers. dent of the European Commission and Union's trade practices. In fact, the United H. Con. Res. 213 cites specific disputes with other members of the Commis- States and the European Union should be get- with the European Union. Two cases brought sion, as well as with members of the ting together to explore how to develop better by the U.S. against EU agriculture practices European Parliament during our twice- trade relations. This bill does not help this regarding trade in beef and bananas resulted yearly meetings. process. in positive decisions for the U.S. Despite that, We recently had a European par- I am particularly concerned about this hard no trade in beef or bananas has resumed. liamentary delegation visit Texas, dur- line bargaining stance given the growing crisis In 1996, significant reforms were made to ing the course of which they visited for the many small banana farmers in the Car- U.S. farm programs. These reforms returned Texas A&M University in College Sta- ibbean Windward Islands. The United States control of the farming operation to the produc- tion, where they met many European Trade Representative, acting on behalf of the ers in exchange for sharp restrictions on the August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7057 level of government support to the farmer. The Sec. 2008. (R)-propylene carbonate. Sec. 2055. Methyl thioglycolate. goal was to provide U.S. farmers with the Sec. 2009. 9-(2-hydroxyethyl)adenine. Sec. 2056. Tebufenozide. flexibility to plant for the market. Farmer's in- Sec. 2010. (R)-9-(2-hydroxypropyl)adenine. Sec. 2057. Organic luminescent pigments, Sec. 2011. Chloromethyl-2-propyl carbonate. dyes, and fibers for security ap- come will come from the marketplace and not Sec. 2012. (R)-chloropropanediol. plications, and 4- from the government. For this plan to be suc- Sec. 2013. Irganox 1520. Hexylresorcinol (excluding day- cessful, the U.S. government must ensure that Sec. 2014. Irganox 1425. light florescent pigments and our farmers and ranchers can compete Sec. 2015. Irganox 565. dyes). against other exporters, and not against for- Sec. 2016. Irganox 1520LR. Sec. 2058. DPX–e6758. eign governments. Sec. 2017. Irgacor 252LD. Sec. 2059. Benzenepropanal, 4-(1,1- This resolution expresses the importance of Sec. 2018. Irgacor 1405. Dimethylethyl)-alpha-Methyl-. Sec. 2019. 2-amino-4-(4-aminobenzoyl Sec. 2060. Elimination of duty on Ziram. U.S. agricultural trade and I urge Members to amino)-benzenesulfonic acid so- Sec. 2061. Ethylene, tetrafluoro copolymer support H. Con. Res. 213. dium salt. with ethylene (ETFE). Mr. MATSUI. Madam Speaker, I Sec. 2020. 5-amino-n-(2-hydroxyethyl)-2,3- Sec. 2062. 2-naphthalene-carboxamide 4-[[5- yield back the balance of my time. xylenesulfonamide. [[[4- Mr. CRANE. Madam Speaker, I yield Sec. 2021. 3-amino-2′-(sulfatoethyl sulfonyl) (aminocarbonyl)phenyl]amino] back the balance of my time. ethyl benzamide. carbonyl]-2- The SPEAKER pro tempore (Mrs. Sec. 2022. ACM. methoxyphenyl]azo]-n-(5- Sec. 2023. C.I. Pigment Yellow 109. chloro-2,4-dimethoxyphenyl)-3- EMERSON). The question is on the mo- Sec. 2024. C.I. Pigment Yellow 110. tion offered by the gentleman from Illi- hydroxy-. Sec. 2025. Halofenozide. Sec. 2063. Benzenesulfonic acid, nois (Mr. CRANE) that the House sus- Sec. 2026. β-bromo-β-nitrostyrene. 4-[[3-[[2-hydroxy-3-[[4- pend the rules and agree to the concur- Sec. 2027. Beta Hydroxyalkylamide. methoxyphenyl) rent resolution, House Concurrent Res- Sec. 2028. 2,6-dimethyl-m-dioxan-4-ol Ace- amino]carbonyl]-1-naphtha- olution 213, as amended. tate. lenyl]azo]-4- The question was taken. Sec. 2029. Grilamid TR90. methylbenzoyl]amino]-, cal- Mr. CRANE. Mr. Speaker, on that I Sec. 2030. C.I. Pigment Yellow 181. cium salt (2:1). Sec. 2031. Butanamide, 2,2′-[3,3′-dichloro demand the yeas and nays. Sec. 2064. Pigment Red 185. [1,1′-biphenyl]-4,4′-diyl) bis Sec. 2065. Pigment Red 208. The yeas and nays were ordered. (azo)] bis [n-(2,3-dihydro-2-oxo- Sec. 2066. Pigment Red 188. The SPEAKER pro tempore. Pursu- 1h-benzimidazol-5-yl)-3-oxo Sec. 2067. Certain weaving machines. ant to clause 5 of rule I and the Chair’s (pigment orange). Sec. 2068. Chloromethyl pivalate. prior announcement, further proceed- Sec. 2032. Butanamide, n,n′- Sec. 2069. 9-[2-(r)-[[bis [[isopropoxycarbonyl) ings on this motion will be postponed. (3,3′dimethyl[1,1′-biphenyl]-4,4′- oxymethoxy]phosphinoyl] f diyl)bis[2-[2,4- methoxy]propyl] adenine fuma- dichlorophenyl)azo]-3-oxo-. rate (1:1). MISCELLANEOUS TRADE AND Sec. 2033. C.I. Pigment Yellow 154. Sec. 2070. Diethyl p-toluene TECHNICAL CORRECTIONS ACT Sec. 2034. C.I. Pigment Yellow 180. sulfonyloxymenthylphosphona- OF 1998 Sec. 2035. C.I. Pigment Yellow 191. te. Sec. 2036. KN001. Sec. 2071. 1,4-benzenedicarboxylic acid, 2-[[1- Mr. CRANE. Mr. Speaker, I move to Sec. 2037. DEMT. [[(2,3-di-hydro-2-oxo-1h- suspend the rules and pass the bill Sec. 2038. IN–w4280. benzimidazol-5-yl)amino car- (H.R. 4342) to make miscellaneous and Sec. 2039. 2-chloro-n-[2,6-dinitro-4- bonyl]-2-oxopropyl]azo]- technical changes to various trade (trifluoromethyl)phenyl]-N- ,dimethyl ester. laws, and for other purposes, as amend- ethyl-6-fluorobenzene- Sec. 2072. Anti-HIV/anti-AIDS drugs. methanamine. ed. Sec. 2073. Anti-cancer drugs. Sec. 2040. Propanoic acid, 2-[4-[(5-chloro-3- Sec. 2074. 2-amino-5-bromo-6-methyl-4-(1h)- The Clerk read as follows: fluoro-2- quinazol- inone. H.R. 4342 pyridinyl)oxy]phenoxy]-2- Sec. 2075. 2-amino-6-methyl-5-(4- Be it enacted by the Senate and House of Rep- propynyl ester. pyridinylthio)-4-(1h)- resentatives of the United States of America in Sec. 2041. 2,4-dichloro 3,5- quinazolinone. Congress assembled, dinitrobenzotrifluoride. Sec. 2076. 2-amino-5-nitrothiazole. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 2042. Acetic acid, [(5-chloro-8-quino- Sec. 2077. 2-amino-5-nitrobenzenesulfonic linyl)oxy]-, 1-methylhexyl (a) SHORT TITLE.—This Act may be cited as acid, monosodium salt. the ‘‘Miscellaneous Trade and Technical Cor- ester. Sec. 2078. 2-amino-5-nitrobenzenesulfonic rections Act of 1998’’. Sec. 2043. Acetic acid, [[2-chloro-4-fluoro-5- acid, monoammonium salt. [(tetrahydro-3-oxo-1H, 3H-[1,3,4] (b) TABLE OF CONTENTS.— Sec. 2079. 2-amino-5-nitrobenzenesulfonic thiadiazolo [3,4-a]pyridazin-1- acid. Sec. 1. Short title; table of contents. ylidene)amino]phenyl]thio]-, Sec. 2080. 3-(4,5-dihydro-3-methyl-5-oxo-1h- TITLE I—MISCELLANEOUS TRADE methyl ester. pyrazol-1-y1)benzenesulfonic CORRECTIONS Sec. 2044. Chloroacetone. acid. Sec. 1001. Clerical amendments. Sec. 2045. Sodium N-methyl-N oleoyl Sec. 2081. 4-chloro-3-nitrobenzenesulfonic Sec. 1002. Obsolete references to GATT. taurate. acid. TITLE II—TEMPORARY DUTY SUSPEN- Sec. 2046. Dialkylnaphthalene sulfonic acid Sec. 2082. 4-chloro-3-nitrobenzenesulfonic SIONS; OTHER TRADE PROVISIONS sodium salt. acid, monopotassium salt. Sec. 2047. O-(6-chloro-3-phenyl-4- Sec. 2083. 4-chloro-3-nitrobenzenesulfonic Subtitle A—Temporary Duty Suspensions pyridazinyl)-S-octyl- acid, monosodium salt. Sec. 2001. 6-chloro-4-(cyclopropylethynyl)-1, carbonothioate. Sec. 2084. 2-methyl-5-nitrobenzenesulfonic 4-dihydro-4-(trifluromethyl)-2h- Sec. 2048. 4-cyclopropyl-6-methyl-2- acid. 3, 1-Benzoxazin-2-one. phenylamino-pyrimidine. Sec. 2085. 6-bromo-2,4,dinitroaniline. Sec. 2002. Oxirane, (s)- Sec. 2049. O, O-dimethyl-s-[5-methoxy-2-oxo- Sec. 2086. 4-chloropyridine hydrochloride. triphenylmethyloxy)methyl)-. 1,3,4-thiadiazol-3(2h)-yl-meth- Sec. 2087. 3-ethoxycarbonyl-aminophenyl-n- Sec. 2003. [r-(r*,r*)]-1,2,3,4-butanetetrol-1,4- yl]-dithiophosphate. phenyl- carbamate dimethanesulfonate. Sec. 2050. (Ethyl [2-(4-phenoxyphenoxy) (desmedipham). Sec. 2004. (s)-n-[[5-[2-(2-amino-4,6,7,8- ethyl] carbamate. Sec. 2088. [s-(r*,r*)]-2,3-dihydroxy- tetrahydro-4-oxo-1h- Sec. 2051. 3-(6-methoxy-4-methyl-1,3,5- butanedioic acid. pyrimido[5,4-b][1,4]thiazin-6- triazin-2-yl)-1-[2-(2- Sec. 2089. (3s)-2,2-dimethyl-3-thiomorpholine yl)ethyl]-2-thienyl]carbonyl]-l- chloroethoxy)-phenylsulfonyl]- carboxylic acid. glutamic acid. urea. Sec. 2090. Diiodomethyl-p-tolylsulfone. Sec. 2005. 2-Amino-6-methyl-5-(4- Sec. 2052. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)-1- Sec. 2091. 2-ethoxy-2,3-dihydro-3,3-dimethyl- pyridinylthio)-4-(1h)- {2-[4-(4-chloro-phenoxy)-2- 5-benzofuranyl quinazolinone, dihydrochloride. chlorophenyl]-4-methyl-1,3- methanesulfonate Sec. 2006. 9-[2-[[bis [(pivaloyloxy) methoxy] dioxolan-2-yl-methyl}-1H-1,2,4- (ethofumesate). phosphinyl]- methoxy] triazole. Sec. 2092. Skating boots for use in the manu- ethyl]adenine. Sec. 2053. Substrates of synthetic quartz or facture of in-line roller skates. Sec. 2007. (R)-9-[-2-(phos phononmethoxy synthetic fused silica. Sec. 2093. 2-4-dichloro-5-hydrazino-phenol- propyl)adenine. Sec. 2054. KL540. monohy- drochloride. H7058 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Sec. 2094. 3-mercapto-d-valine. (4) Section 411 of the Trade Act of 1974 (19 (B) by inserting after the items relating to Sec. 2095. 6-amino-1,3-naphthalenedisulfonic U.S.C. 2441), and the item relating to section subtitle D of title IV the following: acid. 411 in the table of contents for that Act, are ‘‘Subtitle E—Standards and Measures Under Sec. 2096. 6-amino-1,3-naphthalenedisulfonic repealed. the North American Free Trade Agreement acid, disodium salt. (5) Section 154(b) of the Trade Act of 1974 Sec. 2097. 7-acetylamino-4-hydroxy-2- (19 U.S.C. 2194(b)) is amended by striking ‘‘CHAPTER 1—SANITARY AND PHYTOSANITARY naphthalene- sulfonic acid, ‘‘For purposes of’’ and all that follows MEASURES monosodium salt. through ‘‘90-day period’’ and inserting ‘‘For ‘‘Sec. 461. General. Sec. 2098. 4-benzoylamino-5-hydroxy-2,7- purposes of sections 203(c) and 407(c)(2), the ‘‘Sec. 462. Inquiry point. naphthalene- disulfonic acid. 90-day period’’. ‘‘Sec. 463. Chapter definitions. Sec. 2099. 4-benzoylamino-5-hydroxy-2,7- (6) Section 406(e)(2) of the Trade Act of 1974 ‘‘CHAPTER 2—STANDARDS-RELATED MEASURES naphthalene- disulfonic acid, (19 U.S.C. 2436(e)(2)) is amended by moving ‘‘Sec. 471. General. monosodium salt. subparagraphs (B) and (C) 2 ems to the left. ‘‘Sec. 472. Inquiry point. Sec. 2100. P-ethylphenol. (7) Section 503(a)(2)(A)(ii) of the Trade Act ‘‘Sec. 473. Chapter definitions. Sec. 2101. Pantera. Sec. 2102. 3-methyl- carbonyl- aminophenyl- of 1974 (19 U.S.C. 2463(a)(2)(A)(ii)) is amended ‘‘CHAPTER 3—SUBTITLE DEFINITIONS 3’-methyl-carbanilate by striking subclause (II) and inserting the ‘‘Sec. 481. Definitions. (phenmedipham). following: ‘‘(II) the direct costs of processing oper- ‘‘Subtitle F—International Standard-Setting Sec. 2103. 2-amino-p-cresol. Activities Sec. 2104. 4-phenoxypyridine. ations performed in such beneficiary devel- Sec. 2105. P-nitrobenzoic acid. oping country or such member countries, ‘‘Sec. 491. Notice of United States participa- Sec. 2106. P-toluenesulfonamide. is not less than 35 percent of the appraised tion in international standard- Sec. 2107. Tannic acid. value of such article at the time it is en- setting activities. Sec. 2108. Polymers of tetrafluoroethylene, tered.’’. ‘‘Sec. 492. Equivalence determinations. hexafluoropropylene, and vinyl- (8) Section 802(b)(1)(A) of the Trade Act of ‘‘Sec. 493. Definitions.’’. idene fluoride. 1974 (19 U.S.C. 2492(b)(1)(A)) is amended— (5)(A) Section 3(a)(9) of the Miscellaneous Sec. 2109. Methyl 2-[[[[[4-(dimethylamino)-6- (A) by striking ‘‘481(e)’’ and inserting Trade and Technical Corrections Act of 1996 (2,2,2- trifluoroethoxy)-1,3,5- ‘‘489’’; and is amended by striking ‘‘631(a)’’ and ‘‘1631(a)’’ triazin-2-yl]- amino]carbonyl]- (B) by inserting ‘‘(22 U.S.C. 2291h)’’ after and inserting ‘‘631’’ and ‘‘1631’’, respectively. (B) Section 50(c)(2) of such Act is amended amino]sulfonyl]-3- ‘‘1961’’. by striking ‘‘applied to entry’’ and inserting methylbenzoate (trisulfuron (9) Section 804 of the Trade Act of 1974 (19 ‘‘applied to such entry’’. methyl). U.S.C. 2494) is amended by striking ‘‘481(e)(1) (6) Section 8 of the Act of August 5, 1935 (19 Sec. 2110. Suspension of duty on certain of the Foreign Assistance Act of 1961 (22 U.S.C. 1708) is repealed. manufacturing equipment. U.S.C. 2291(e)(1))’’ and inserting ‘‘489 of the Sec. 2111. SE2SI Spray Granulated (HOE S (7) Section 584(a) of the Tariff Act of 1930 Foreign Assistance Act of 1961 (22 U.S.C. (19 U.S.C. 1584(a)) is amended— 4291). 2291h)’’. Sec. 2112. Personal effects of participants in (A) in the last sentence of paragraph (2), by (10) Section 805(2) of the Trade Act of 1974 striking ‘‘102(17) and 102(15), respectively, of certain world athletic events. (19 U.S.C. 2495(2)) is amended by striking Sec. 2113. Effective date. the Controlled Substances Act’’ and insert- ‘‘and’’ after the semicolon. Subtitle B—Other Trade Provisions ing ‘‘102(18) and 102(16), respectively, of the (11) The table of contents for the Trade Act Controlled Substances Act (21 U.S.C. 802(18) Sec. 2501. Extension of certain trade benefits of 1974 is amended by adding at the end the and 802(16))’’; and of insular possessions of the following: (B) in paragraph (3)— United States to certain fine ‘‘TITLE VIII—TARIFF TREATMENT OF (i) by striking ‘‘or which consists of any jewelry . PRODUCTS OF, AND OTHER SANCTIONS Sec. 2502. Tariff treatment for certain com- spirits,’’ and all that follows through ‘‘be not AGAINST, UNCOOPERATIVE MAJOR ponents of scientific instru- shown,’’; and DRUG PRODUCING OR DRUG-TRANSIT ments and apparatus. (ii) by striking ‘‘, and, if any manifested COUNTRIES Sec. 2503. Liquidation or reliquidation of merchandise’’ and all that follows through certain entries. ‘‘Sec. 801. Short title. the end and inserting a period. Sec. 2504. Finished petroleum derivatives ‘‘Sec. 802. Tariff treatment of products of (8) Section 621(4)(A) of the North American drawback. uncooperative major drug pro- Free Trade Agreement Implementation Act, Sec. 2505. Drawback and refund of packaging ducing or drug-transit coun- as amended by section 21(d)(12) of the Mis- material. tries. cellaneous Trade and Technical Amendments Sec. 2506. Inclusion of commercial importa- ‘‘Sec. 803. Sugar quota. Act of 1996, is amended by striking ‘‘disclo- tion data from foreign-trade ‘‘Sec. 804. Progress reports. sure within 30 days’’ and inserting ‘‘disclo- zones under the National Cus- ‘‘Sec. 805. Definitions.’’. sure, or within 30 days’’. toms Automation Program. (b) OTHER TRADE LAWS.—(1) Section 13031 (9) Section 558(b) of the Tariff Act of 1930 Sec. 2507. Large yachts imported for sale at of the Consolidated Omnibus Budget Rec- (19 U.S.C. 1558(b)) is amended by striking United States boat shows. onciliation Act of 1985 (19 U.S.C. 58c) is ‘‘(c)’’ each place it appears and inserting Sec. 2508. Review of protests against deci- amended— ‘‘(h)’’. sions of Customs Service. (A) in subsection (e) by aligning the text of (10) Section 441 of the Tariff Act of 1930 (19 Sec. 2509. Entries of NAFTA-origin goods. paragraph (1) with the text of paragraph (2); U.S.C. 1441) is amended by striking para- Sec. 2510. Treatment of international travel and graph (6). merchandise held at Customs- (B) in subsection (f)(3)— (11) Section 431(c)(1) of the Tariff Act of approved storage rooms. (i) in subparagraph (A)(ii) by striking ‘‘sub- 1930 (19 U.S.C. 1431(c)(1)) is amended by Sec. 2511. Exception to 5-year reviews of section (a)(1) through (a)(8)’’ and inserting amending the matter preceding subpara- countervailing duty or anti- ‘‘paragraphs (1) through (8) of subsection graph (A) to read as follows: ‘‘Except as pro- dumping duty orders. (a)’’; and vided in paragraph (2), the following infor- TITLE I—MISCELLANEOUS TRADE (ii) in subparagraph (C)(ii)(I) by striking mation, when contained in such vessel or air- CORRECTIONS ‘‘paragraph (A)(i)’’ and inserting ‘‘subpara- craft manifest, shall be available for public SEC. 1001. CLERICAL AMENDMENTS. graph (A)(i)’’. disclosure:’’. (a) TRADE ACT OF 1974.—(1) Section 233(a) of (2) Section 3(a) of the Act of June 18, 1934 SEC. 1002. OBSOLETE REFERENCES TO GATT. the Trade Act of 1974 (19 U.S.C. 2293(a)) is (commonly referred to as the ‘‘Foreign Trade (a) FOREST RESOURCES CONSERVATION AND amended— Zones Act’’) (19 U.S.C. 81c(a)) is amended by SHORTAGE RELIEF ACT OF 1990.—(1)(A) Sec- (A) by aligning the text of paragraph (2) striking the second period at the end of the tion 488(b) of the Forest Resources Conserva- that precedes subparagraph (A) with the text last sentence. tion and Shortage Relief Act of 1990 (16 of paragraph (1); and (3) Section 9 of the Act of June 18, 1934 U.S.C. 620(b)) is amended— (B) by aligning the text of subparagraphs (commonly referred to as the ‘‘Foreign Trade (i) in paragraph (3) by striking ‘‘General (A) and (B) of paragraph (2) with the text of Zones Act’’) (19 U.S.C. 81i) is amended by Agreement on Tariffs and Trade’’ and insert- subparagraphs (A) and (B) of paragraph (3). striking ‘‘Post Office Department, the Public ing ‘‘GATT 1994 (as defined in section 2(1)(B) (2) Section 141(b) of the Trade Act of 1974 Health Service, the Bureau of Immigration’’ of the Uruguay Round Agreements Act)’’ ; (19 U.S.C. 2171(b)) is amended— and inserting ‘‘United States Postal Service, and (A) in paragraph (3) by striking ‘‘LIMITA- the Public Health Service, the Immigration (ii) in paragraph (5) by striking ‘‘General TION ON APPOINTMENTS.—’’; and and Naturalization Service’’. Agreement on Tariffs and Trade’’ and insert- (B) by aligning the text of paragraph (3) (4) The table of contents for the Trade ing ‘‘WTO Agreement and the multilateral with the text of paragraph (2). Agreements Act of 1979 is amended— trade agreements (as such terms are defined (3) The item relating to section 410 in the (A) in the item relating to section 411 by in paragraphs (9) and (4), respectively, of sec- table of contents for the Trade Act of 1974 is striking ‘‘Special Representative’’ and in- tion 2 of the Uruguay Round Agreements repealed. serting ‘‘Trade Representative’’; and Act)’’. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7059

(B) Section 491(g) of that Act (16 U.S.C. (d) FISHERMEN’S PROTECTIVE ACT OF 1967.— (A) by striking ‘‘General Agreement on 620c(g)) is amended by striking ‘‘Contracting Section 8(a)(4) of the Fishermen’s Protective Tariffs and Trade’’ and inserting ‘‘multilat- Parties to the General Agreement on Tariffs Act of 1967 (22 U.S.C. 1978(a)(4)) is amended eral trade agreements (as defined in section and Trade’’ and inserting ‘‘Dispute Settle- by striking ‘‘General Agreement on Tariffs 2(4) of the Uruguay Round Agreements ment Body of the World Trade Organization and Trade’’ and inserting ‘‘World Trade Or- Act)’’; and (as the term ‘World Trade Organization’ is ganization (as defined in section 2(8) of the (B) by striking ‘‘United States-Canada defined in section 2(8) of the Uruguay Round Uruguay Round Agreements Act) or the mul- Free Trade Agreement’’ and inserting Agreements Act)’’. tilateral trade agreements (as defined in sec- ‘‘North American Free Trade Agreement’’. (b) INTERNATIONAL FINANCIAL INSTITUTIONS tion 2(4) of that Act)’’. (2) Section 1017(c) of such Act (42 U.S.C. ACT.—Section 1403(b) of the International Fi- (e) UNITED STATES-HONG KONG POLICY ACT 2296b–6(c)) is amended— nancial Institutions Act (22 U.S.C. 262n–2(b)) OF 1992.—Section 102(3) of the United States- (A) by striking ‘‘General Agreement on is amended— Hong Kong Policy Act of 1992 (22 U.S.C. Tariffs and Trade’’ and inserting ‘‘multilat- (1) in paragraph (1)(A) by striking ‘‘General 5712(3)) is amended— eral trade agreements (as defined in section Agreement on Tariffs and Trade or Article (1) by striking ‘‘contracting party to the 2(4) of the Uruguay Round Agreements 10’’ and all that follows through ‘‘Trade’’ and General Agreement on Tariffs and Trade’’ Act)’’; and inserting ‘‘GATT 1994 as defined in section and inserting ‘‘WTO member country (as de- (B) by striking ‘‘United States-Canada 2(1)(B) of the Uruguay Round Agreements fined in section 2(10) of the Uruguay Round Free Trade Agreement’’ and inserting Act, or Article 3.1(a) of the Agreement on Agreements Act)’’; and ‘‘North American Free Trade Agreement’’. Subsidies and Countervailing Measures re- (2) by striking ‘‘latter organization’’ and (h) ENERGY POLICY CONSERVATION ACT.— ferred to in section 101(d)(12) of that Act’’; inserting ‘‘World Trade Organization (as de- Section 400AA(a)(3) of the Energy Policy and fined in section 2(8) of that Act)’’. Conservation Act (42 U.S.C. 6374(a)(3)) is (2) in paragraph (2)(B) by striking ‘‘Article (f) NOAA FLEET MODERNIZATION ACT.—Sec- amended in subparagraphs (F) and (G) by 6’’ and all that follows through ‘‘Trade’’ and tion 607(b)(8) of the NOAA Fleet Moderniza- striking ‘‘General Agreement on Tariffs and inserting ‘‘Article 15 of the Agreement on tion Act (33 U.S.C. 891e(b)(8)) is amended by Trade’’ each place it appears and inserting Subsidies and Countervailing Measures re- striking ‘‘Agreement on Interpretation’’ and ‘‘multilateral trade agreements as defined in ferred to in subparagraph (A)’’. all that follows through ‘‘trade negotia- section 2(4) of the Uruguay Round Agree- (c) BRETTON WOODS AGREEMENTS ACT.— tions’’ and inserting ‘‘Agreement on Sub- ments Act’’. Section 49(a)(3) of the Bretton Woods Agree- sidies and Countervailing Measures referred (i) TITLE 49, UNITED STATES CODE.—Section ments Act (22 U.S.C. 286gg(a)(3)) is amended to in section 101(d)(12) of the Uruguay Round 50103 of title 49, United States Code, is by striking ‘‘GATT Secretariat’’ and insert- Agreements Act, or any other export subsidy amended in subsections (c)(2) and (e)(2) by ing ‘‘Secretariat of the World Trade Organi- prohibited by that agreement’’. striking ‘‘General Agreement on Tariffs and zation (as the term ‘World Trade Organiza- (g) ENERGY POLICY ACT OF 1992.—(1) Sec- Trade’’ and inserting ‘‘multilateral trade tion’ is defined in section 2(8) of the Uruguay tion 1011(b) of the Energy Policy Act of 1992 agreements (as defined in section 2(4) of the Round Agreements Act)’’. (42 U.S.C. 2296b(b)) is amended— Uruguay Round Agreements Act)’’.

TITLE II—TEMPORARY DUTY SUSPENSIONS; OTHER TRADE PROVISIONS Subtitle A—Temporary Duty Suspensions SEC. 2001. 6-CHLORO-4-(CYCLOPROPYLETHYNYL)-1, 4-DIHYDRO-4-(TRIFLUROMETHYL)-2H-3, 1-BENZOXAZIN-2-ONE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.56 6-Chloro-4-(cyclopropylethynyl)-1, 4-Dihydro-4-(trifluromethyl)-2H-3, 1-Benzoxazin-2-one (CAS No. 154598–52–4) (provided for in subheading 2934.90.3000) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2002. OXIRANE, (S)-TRIPHENYLMETHYLOXY)METHYL)-. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.33.09 Oxirane, (S)-Triphenylmethyloxy)methyl)- (CAS No. 129940–50–7) (provided for in subheading 2910.90.20) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2003. [R-(R*,R*)]-1,2,3,4-BUTANETETROL-1,4-DIMETHANESULFONATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.24 [R-(R*,R*)]-1,2,3,4-Butanetetrol-1,4-dimethanesulfonate (CAS No. 1947–62–2) (provided for in subheading 2905.49.50) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2004. (S)-N-[[5-[2-(2-AMINO-4,6,7,8-TETRAHYDRO-4-OXO-1H-PYRIMIDO[5,4-B][1,4]THIAZIN-6-YL)ETHYL]-2-THIENYL]CARBONYL]-L-GLUTAMIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.25 (S)-N-[[5-[2-(2-amino-4,6,7,8-tetrahydro-4-oxo-1H-pyrimido[5,4-b][1,4]thiazin-6-yl)ethyl]-2-thienyl]carbonyl]-L-glutamic acid (CAS No. 177575–17–6) (provided for in subheading 2934.90.90) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2005. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4-(1H)-QUINAZOLINONE, DIHYDROCHLORIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.26 2-amino-6-methyl-5-(4-pyridinylthio)-4-(1H)-quinazolinone, dihydrochloride (CAS No. 152946–68–4) (provided for in subheading 2933.59.70) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2006. 9-[2-[[BIS [(PIVALOYLOXY) METHOXY] PHOSPHINYL]- METHOXY] ETHYL]ADENINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.33.01 9-[2-[[Bis [(pivaloyloxy) methoxy] phosphinyl]- methoxy] ethyl]adenine (CAS No. 142340–99–6) (provided for in subheading 2933.59.59) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2007. (R)-9-[-2-(PHOS PHONONMETHOXY PROPYL)ADENINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.03 (R)-9-[-2-(Phos phononmethoxy propyl)adenine (CAS No. 147127–20–6) (provided for in subheading 2933.59.95) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2008. (R)-PROPYLENE CARBONATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.04 (R)-Propylene carbonate (CAS No. 16606–55–6) (provided for in subheading 2920.90.50) ...... Free No No On or before 12/31/ change change 99.’’ H7060 CONGRESSIONAL RECORD — HOUSE August 4, 1998 SEC. 2009. 9-(2-HYDROXYETHYL)ADENINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.05 9-(2-Hydroxyethyl)adenine (CAS No. 707–99–3) (provided for in subheading 2933.59.95) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2010. (R)-9-(2-HYDROXYPROPYL)ADENINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.06 (R)-9-(2-Hydroxypropyl)adenine (CAS No. 14047–28–0) (provided for in subheading 2933.59.95) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2011. CHLOROMETHYL-2-PROPYL CARBONATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.07 Chloromethyl-2-propyl carbonate (CAS No. 35180–01–9) (provided for in subheading 2920.90.50) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2012. (R)-CHLOROPROPANEDIOL. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.08 (R)-Chloropropanediol (CAS No. 57090–45–6) (provided for in subheading 2905.39.90) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2013. IRGANOX 1520. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.14 2,4-bis[(octylthio) methyl]-o-cresol (CAS No. 110553–27–0) provided for in subheading 2930.90.29) ...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2014. IRGANOX 1425. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.16 Calcium bis[monoethyl (3,5-di-tert-butyl-4-hydroxybenzyl)phosphonate]-(Cas No. 65140–91–2) provided for in subheading 2931.00.30) ...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2015. IRGANOX 565. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.18 4-[[4,6-bis(octylthio)-1,3,5-triazine-2-yl]amino]-2,6-bis(1,1-dimethylethyl)phenol (CAS No. 991–84–4) provided for in subheading 2933.69.60) ...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2016. IRGANOX 1520LR. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.38.13 2,4-bis[(octylthio) methyl]-o-cresol; epoxidized triglyceride (provided for in subheading 3812.30.60) ...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2017. IRGACOR 252LD. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.30 (2-Benzothiazolylthio) butanedioic acid (CAS No. 95154–01–1) (provided for in subheading 2934.20.40...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2018. IRGACOR 1405. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new item: ‘‘9902.32.32 4-methyl-γ-oxo-benzenebutanoic acid compounded with 4-ethylmorpholine (2:1) (CAS No. 171054–89–0) (provided for in subheading 2934.90.39) ...... Free No No On or before 12/31/ change change 1999.’’

SEC. 2019. 2-AMINO-4-(4-AMINOBENZOYL AMINO)-BENZENESULFONIC ACID SODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.30.91 2-amino-4-(4-aminobenzoyl amino)-benzenesulfonic acid sodium salt (CAS No. 167614–37–1) (provided for in subheading 2930.90.29) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2020. 5-AMINO-N-(2-HYDROXYETHYL)-2,3-XYLENESULFONAMIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.15 5-Amino-N-(2-hydroxyethyl)-2,3-xylenesulfonamide (CAS No. 25797–78–8) (provided for in subheading 2935.00.95) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2021. 3-AMINO-2′-(SULFATOETHYL SULFONYL) ETHYL BENZAMIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7061 ‘‘9902.30.90 3-amino-2′-(sulfatoethyl sulfonyl) ethyl benzamide (CAS No. 121315–20–6) (provided for in subheading 2930.90.29) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2022. ACM. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.95 Phosphinic acid, [3-(acetyloxy)-3-cyanopropyl]methyl-, butyl ester (CAS No. 167004-78-6) (provided for in subheading 2931.00.90) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2023. C.I. PIGMENT YELLOW 109. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.00 C.I. Pigment Yellow 109 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction product with 2-methyl-1,3-benzenediamine and sodium methoxide (CAS No. 106276-79-3) (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2024. C.I. PIGMENT YELLOW 110. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.05 C.I. Pigment Yellow 110 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction products with p-phenylenediamine and sodium methoxide (CAS No. 106276- 80-6) (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2025. HALOFENOZIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.28 Benzoic acid, 4-chloro-2-benzoyl-2-(1,1-dimethylethyl) hydrazide (CAS No. 112226-61-6) (provided for in subheading 2928.00.25) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2026. β-BROMO-β-NITROSTYRENE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.92 β-Bromo-β-nitrostyrene (CAS No. 7166–19–0) (provided for in subheading 2904.90.47) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2027. BETA HYDROXYALKYLAMIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.38.25 N,N,N’,N’-tetrakis (2-hydroxyethyl) hexane diamide (Beta Hydroxyalkylamide) (CAS No. 6334–25–4) (provided for in subheading 3824.90.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2028. 2,6-DIMETHYL-M-DIOXAN-4-OL ACETATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.94 2,6-Dimethyl-m-dioxan-4-ol acetate (CAS No. 000828-00-2) (provided for in subheading 2932.99.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2029. GRILAMID TR90. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.39.12 Dodecanedioic acid, polymer with 4,41-methylenebis (2-methylcyclohexanamine) (CAS No. 163800–66–6) (provided for in subheading 3908.90.70) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2030. C.I. PIGMENT YELLOW 181. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.20 C.I. Pigment Yellow 181 N-[4-(aminocarbonyl)phenyl]-4-[[1[[(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)amino] carbonyl]-2-oxopropyl]azo]benzamide (CAS No. 074441– 05–7) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2031. BUTANAMIDE, 2,2′-[3,3′-DICHLORO [1,1′-BIPHENYL]-4,4′-DIYL) BIS (AZO)] BIS [N-(2,3-DIHYDRO- 2 -OXO- 1H -BENZIMIDAZOL- 5 -YL)-3-OXO (PIGMENT ORANGE). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.33 Butanamide, 2,2′-[3,3′-dichloro[1,1′-biphenyl]-4,4′-diyl)bis(azo)]bis[N-2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo (Pigment Orange 72) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2032. BUTANAMIDE, N,N′-(3,3′DIMETHYL[1,1′-BIPHENYL]-4,4′-DIYL)BIS[2-[2,4-DICHLOROPHENYL)AZO]-3-OXO-. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.04 Butanamide, N,N′- (3,3′dimethyl [1,1′-biphenyl] -4,4′-diyl) bis[2-[2,4-dichlorophenyl)azo]-3-oxo- (C.I. Pigment Yellow 16) (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2033. C.I. PIGMENT YELLOW 154. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.27 C.I. Pigment Yellow 154 Butanamide, N-(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo-2-[[2-(trifluoro-methyl)phenyl]azo]- (CAS No. 068134–22–5) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2034. C.I. PIGMENT YELLOW 180. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: H7062 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘9902.32.22 C.I. Pigment Yellow 180 Butanamide, 2,2′-[1-2,-ethanediylbis-(oxy-2,1-phenyleneazo) ]bis[N-(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo- (provided for in sub- heading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2035. C.I. PIGMENT YELLOW 191. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.28 Benzenesulfonic acid, 4-chloro-2-[[5-hydroxy-3-methyl-1-(3-sulfophenyl)-1H-pyrazol-4-yl]azo]-5-methyl-,calcium salt (1:1) (C.I. Pigment Yellow 191) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’ SEC. 2036. KN001. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.30.05 2-4-dichlon-5-hydrozyhydrazine hydrochloride (CAS No. 189573–21–5) (provided for in subheading 2928.00.25) ...... Free No No On or before 12/31/ change change 00.’’ SEC. 2037. DEMT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.50 N,N-diethyl-m-toluidine (DEMT) (CAS No. 91–67–8) (provided for in subheading 2921.43.80) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2038. IN–W4280. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.51 2,4-dichloro-5-hydroxy-phenylhydrazine (CAS No. 39807–21–1) (provided for in subheading 2928.00.5000) ...... Free No No On or before 12/31/ change change 00.’’ SEC. 2039. 2-CHLORO-N-[2,6-DINITRO-4-(TRIFLUOROMETHYL)PHENYL]-N-ETHYL-6-FLUOROBENZENE- METHANAMINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.29.24 2-chloro-N-[2,6-dinitro-4-(trifluoromethyl)phenyl]-N-ethyl-6-fluorobenzenemethanamine. (CAS No. 62924–70–3) (provided for in subheading 2921.49.95) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2040. PROPANOIC ACID, 2-[4-[(5-CHLORO-3-FLUORO-2-PYRIDINYL)OXY]PHENOXY]-2-PROPYNYL ESTER. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.23 Propanoic acid, 2-[4-[(5-chloro-3-fluoro-2-pyridinyl)oxy]-phenoxy]-2-propynyl ester. (CAS No. 105512–06–9) (provided for in subheading 2918.90.20.50) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2041. 2,4-DICHLORO 3,5-DINITROBENZOTRIFLUORIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.10 2,4 dichloro 3,5 dinitro benzotrifluoride. (CAS No. 29091–09–6) (provided for in subheading 2910.90.20) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2042. ACETIC ACID, [(5-CHLORO-8-QUINOLINYL)OXY]-, 1-METHYLHEXYL ESTER. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.33 Acetic acid, [(5-chloro-8-quinolinyl)oxy]-, 1-methylhexyl ester. (CAS No. 99607–70–2) (provided for in subheading 2933.90.82.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2043. ACETIC ACID, [[2-CHLORO-4-FLUORO-5-[(TETRAHYDRO-3-OXO-1H, 3H-[1,3,4] THIADIAZOLO [3,4-A]PYRIDAZIN-1-YLIDENE)AMINO]PHENYL]THIO]-, METHYL ESTER. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.34 Acetic acid, [[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo-1H, 3H-[1,3,4] thiadiazolo [3,4-a] pyridazin-1-ylidene)amino] phenyl]thio]-, methyl ester. (CAS No. 117337–19–6) (provided for in subheading 2934.90.15) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2044. CHLOROACETONE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.21 Chloroacetone. (CAS No. 78–95–5) (provided for in subheading 2914.19.00) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2045. SODIUM N-METHYL-N OLEOYL TAURATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.04 Sodium N-methyl-N oleoyl taurate. (CAS No. 137–20–2) (provided for in subheading 2904.10.50) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2046. DIALKYLNAPHTHALENE SULFONIC ACID SODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.05 Dialkylnaphthalene sulfonic acid sodium salt. (CAS No. 25638–17–9) (provided for in subheading 3402.11.40) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2047. O-(6-CHLORO-3-PHENYL-4-PYRIDAZINYL)-S-OCTYL-CARBONOTHIOATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.38.08 O-(6-chloro-3-phenyl-4-pyridazinyl)-S-octyl-carbonothioate. (CAS No. 55512–33–9) (provided for in subheading 3808.30.15) ...... Free No No On or before 12/31/ change change 2000.’’ August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7063 SEC. 2048. 4-CYCLOPROPYL-6-METHYL-2-PHENYLAMINO-PYRIMIDINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.35 4-Cyclopropyl-6-methyl-2-phenylamino-pyrimidine. (CAS No. 121552–61–2) (provided for in subheading 2933.59.15) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2049. O, O-DIMETHYL-S-[5-METHOXY-2-OXO-1,3,4-THIADIAZOL-3(2H)-YL-METHYL]-DITHIOPHOSPHATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.36 O,O-Dimethyl-S-[5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl- methyl]- dithiophosphate. (CAS No. 950–37–8) (provided for in subheading 2934.90.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2050. (ETHYL [2-(4-PHENOXYPHENOXY) ETHYL] CARBAMATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.37 (Ethyl [2-(4-phenoxyphenoxy) ethyl] carbamate. (CAS No. 79127–80–3) (provided for in subheading 2924.10.80) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2051. 3-(6-METHOXY-4-METHYL-1,3,5-TRIAZIN-2-YL)-1-[2-(2-CHLOROETHOXY)-PHENYLSULFONYL]-UREA. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.38.09 3-(6-Methoxy-4-methyl-1,3,5-triazin-2-yl)-1-[2-(2-chloroethoxy)-phenylsulfonyl]-urea. (CAS No. 82097–50–5) (provided for in subheading 3808.30.15) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2052. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)-1-{2-[4-(4-CHLORO-PHENOXY)-2-CHLOROPHENYL]-4-METHYL-1,3-DIOXOLAN-2-YL-METHYL}-1H-1,2,4-TRIAZOLE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.38 [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)-1-{2-[4-(4-chloro-phenoxy)-2-chlorophenyl]-4-methyl-1,3-dioxolan-2-yl-methylγ-1H-1,2,4-triazole. (CAS No. 119446–68–3) (provided for in subheading 2934.90.12) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2053. SUBSTRATES OF SYNTHETIC QUARTZ OR SYNTHETIC FUSED SILICA. Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9903.70.06 Substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale (provided for in subheading 7006.00.40) ...... 1% No No On or before 12/31/ change change 2000.’’ SEC. 2054. KL540. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.54 Methyl4-trifluoromethoxyphenyl-N- (chlorocarbonyl) carbamate (CAS No. 173903–15–6) (provided for in subheading 2924.29.70) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2055. METHYL THIOGLYCOLATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.58 Methyl thioglycolate (CAS No. 2365–48–2) (provided for in subheading 2930.90.90) ...... Free No No On or before 12/31/ change change 2000 SEC. 2056. TEBUFENOZIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.29.51 N-tert-butyl-N’-(4-ethylbenoyl)-3,5-dimethylbenoylhydrazide (CAS No. 112410–23–8) (provided for in subheading 2928.00.25) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2057. ORGANIC LUMINESCENT PIGMENTS, DYES, AND FIBERS FOR SECURITY APPLICATIONS, AND 4-HEXYLRESORCINOL (EXCLUDING DAYLIGHT FLO- RESCENT PIGMENTS AND DYES). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: ‘‘9902.32.85 Organic luminescent pigments, dyes, for security applications (excluding daylight florescent pigments and dyes) (provided for in subheading 3204.90.00) ...... Free No No On or before 12/31/ change change 2001 9902.29.07 4-Hexylresorcinol (CAS No. 136–77–6) (provided for in subheading 2907.29.90) ...... Free No No On or before 12/31/ change change 2001.’’ SEC. 2058. DPX–E6758. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.59 Phenyl (4, 6-dimethoxy-pyrimidin-2-yl) carbamate (CAS No. 89392–0) (provided for in subheading 2933.59.70) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2059. BENZENEPROPANAL, 4-(1,1-DIMETHYLETHYL)-ALPHA-METHYL-. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new item: ‘‘9902.29.57 Benzenepropanal, 4-(1,1-dimethylethyl)-alpha-methyl- (CAS No. 80–54–6 provided for in subheading 2912.29.60.00) ...... 6% No No On or before 12/31/ change change 2000.’’ SEC. 2060. ELIMINATION OF DUTY ON ZIRAM. Subheading 3808.20.24 of the Harmonized Tariff Schedule of the United States is amended by striking ‘‘and Metiram’’ and inserting ‘‘Metiram; and Ziram’’. SEC. 2061. ETHYLENE, TETRAFLUORO COPOLYMER WITH ETHYLENE (ETFE). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: H7064 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘9902.29.50 Ethylene, tetrafluoro copolymer with ethylene (ETFE) (provided for in subheading 3904.69.5000) ...... 3.3% No No On or before 12/31/ change change 00.’’

SEC. 2062. 2-NAPHTHALENE-CARBOXAMIDE 4-[[5-[[[4-(AMINOCARBONYL)PHENYL]AMINO] CARBONYL]-2-METHOXYPHENYL]AZO]-N-(5-CHLORO-2,4- DIMETHOXYPHENYL)-3-HYDROXY-. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.82 2-naphthalene-carboxamide 4-[[5-[[[4-(Aminocarbonyl) phenyl] amino]carbonyl]-2-methoxyphenyl]azo]-N-(5-chloro-2,4-dimethoxyphenyl)-3-hydroxy (Pigment Red 181) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2063. BENZENESULFONIC ACID, 4-[[3-[[2-HYDROXY- 3 -[[4-METHOXYPHENYL) AMINO]CARBONYL]- 1 -NAPHTHA- LENYL]AZO]- 4 -METHYLBENZOYL]AMINO]-, CALCIUM SALT (2:1). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.86 Benzenesulfonic acid, 4-[[3-[[2-hydroxy- 3 -[[4-methoxyphenyl)-amino]carbonyl]- 1 -naphtha-lenyl]azo]- 4 -methylbenzoyl]amino]-, calcium salt (2:1) (Pigment Red 247) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2064. PIGMENT RED 185. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.08 2-naphthalene-carboxaminde N-(2,3-Dihydro- 2 -oxo- 1H -benzimidazol- 5 -yl)- 5 -methyl- 4 -[(methyl amino) sulphonyl] phenyl]azo] (Pigment Red 185) (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2065. PIGMENT RED 208. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.10 Benzoic acid, 2-[[3-[[(2,3-dihydro- 2 -oxo- 1H -benzimidazol- 5 -yl) amino]carbonyl]- 2 - hydroxy- 1 -naphthalenyl]azo]-, butyl ester (Pigment Red 208) (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2066. PIGMENT RED 188. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.80 Benzoic acid, 4-[[(2,5-dichlorophenyl) amino]carbonyl]-2-[[2-hydroxy-3-[[(2-methoxyphenyl) amino]carbonyl]-1-naphthalenyl]-, methyl ester (provided for in subheading 3204.17.04) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2067. CERTAIN WEAVING MACHINES. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.83.10 Weaving machines (looms) for weaving fabrics of a width exceeding 30 cm, shuttle type: power looms for weaving fabrics of a width not exceeding 4.9 m, if im- ported without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames, and beams (provided for in subheading 8446.21.50) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2068. CHLOROMETHYL PIVALATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.10 Chloromethyl Pivalate (CAS No. 18997–19–8) (Provided for in subheading 2915.90.50) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2069. 9-[2-(R)-[[BIS [[ISOPROPOXYCARBONYL) OXYMETHOXY]PHOSPHINOYL] METHOXY]PROPYL] ADENINE FUMARATE (1:1). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.02 9-[2-(R)-[[Bis [[isopropoxycarbonyl) oxymethoxy]phosphinoyl] methoxy]propyl] adenine fumarate (1:1) (CAS No. 202138–50–9) (provided for in subheading 2933.59.59) Free No No On or before 12/31/ change change 99.’’

SEC. 2070. DIETHYL P-TOLUENE SULFONYLOXYMENTHYLPHOSPHONATE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.33.11 Diethyl p-toluene sulfonyloxymenthylphosphonate (CAS No. 31618–90–3) (Provided for in subheading 2933.59.80) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2071. 1,4-BENZENEDICARBOXYLIC ACID, 2-[[1-[[(2,3-DI-HYDRO-2-OXO-1H-BENZIMIDAZOL-5-YL)AMINO CARBONYL]-2-OXOPROPYL]AZO]-,DIMETHYL ESTER. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.34 1,4-Benzenedicarboxylic acid, 2-[[1-[[(2,3-di-hydro- 2 -oxo-1H-benzimidazol- 5 -yl)amino carbonyl]- 2 -oxopropyl]azo]-, dimethyl ester (Pigment Yellow 175) (provided for in subheading 3204.17.60) ...... Free No No On or before 12/31/ change change 2002.’’

SEC. 2072. ANTI-HIV/ANTI-AIDS DRUGS. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.84 3-(Acetyloxy)-2-methyl-benzoic acid (CAS No. 168899–58–9) (provided for in subheading 2918.29.65) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2073. ANTI-CANCER DRUGS. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.59 (S)-N-[[5-[2-(2- Amino- 4,6,7,8-tetra- hydro-4-oxo- 1H- pyrimido [5,4-b] [1,4] thiazin- 6-yl)ethyl]-2- thienyl] carbonyl]-L- glutamic acid diethyl ester (CAS No. 177575–19–8) (provided for in subheading 2930.90.90) ...... Free No No On or before 12/31/ change change 2000.’’ August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7065 SEC. 2074. 2-AMINO-5-BROMO-6-METHYL-4-(1H)-QUINAZOL- INONE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.60 2-Amino-5-bromo-6-methyl-4-(1H)-quinazolinone (CAS No. 147149–89–1) (provided for in subheading 2933.90.97) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2075. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4-(1H)-QUINAZOLINONE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.21 2-Amino-6-methyl-5-(4-pyridinylthio)-4-(1H)-quinazolinone (CAS No. 147149–76–6)(provided for in subheading 2933.90.97) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2076. 2-AMINO-5-NITROTHIAZOLE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.61 2-Amino-5-nitrothiazole (CAS No. 121–66–4) (provided for in subheading 2934.10.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2077. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.62 2-Amino-5-nitrobenzenesulfonic acid, monosodium salt (CAS No. 30693–53–9) (provided for in subheading 2921.42.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2078. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOAMMONIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.63 2-Amino-5-nitrobenzenesulfonic acid, monoammonium salt (CAS No. 4346–51–4) (provided for in subheading 2921.42.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2079. 2-AMINO-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.36 2-Amino-5-nitrobenzenesulfonic acid (CAS No. 96–75–3) (provided for in subheading 2921.42.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2080. 3-(4,5-DIHYDRO-3-METHYL-5-OXO-1H-PYRAZOL-1-Y1)BENZENESULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.38 3-(4,5-Dihydro-3-methyl-5-oxo-1H-pyrazol-1-y1) benzenesulfonic acid (CAS No. 119–17–5) (provided for in subheading 2933.19.43) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2081. 4-CHLORO-3-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.48 4-Chloro-3-nitrobenzenesulfonic acid (CAS No. 121–18–6) (provided for in subheading 2904.90.47) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2082. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOPOTASSIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.83 4-Chloro-3-nitrobenzenesulfonic acid, monopotassium salt (CAS No. 6671–49–4) (provided for in subheading 2904.90.47) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2083. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.52 4-Chloro-3-nitrobenzenesulfonic acid, monosodium salt (CAS No. 17691–19–9) (provided for in subheading 2904.90.40) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2084. 2-METHYL-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.64 2-Methyl-5-nitrobenzenesulfonic acid (CAS No. 121–03–9) (provided for in subheading 2904.90.20) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2085. 6-BROMO-2,4,DINITROANILINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.81 6-Bromo-2,4, dinitroaniline (CAS No. 1817–73–8) (provided for in subheading 2921.42.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2086. 4-CHLOROPYRIDINE HYDROCHLORIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.65 4-Chloropyridine hydrochloride (CAS No. 7379–35–3) (provided for in subheading 2933.39.61) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2087. 3-ETHOXYCARBONYL-AMINOPHENYL-N-PHENYL- CARBAMATE (DESMEDIPHAM). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: H7066 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘9902.31.12 3-Ethoxycarbonyl-aminophenyl-N-phenylcarbamate (Desmedipham) (CAS No. 13684–56–5) (provided for in subheading 2924.29.41) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2088. [S-(R*,R*)]-2,3-DIHYDROXY-BUTANEDIOIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.23 [S-(R*,R*)]-2,3-dihydroxy-butanedioic acid (CAS No. 147–71–7) (provided for in subheading 2918.19.90 or 2918.90.50) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2089. (3S)-2,2-DIMETHYL-3-THIOMORPHOLINE CARBOXYLIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.19 (3S)-2,2-Dimethyl-3-thiomorpholine carboxylic acid (CAS No. 84915–43–5) (provided for in subheading 2934.90.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2090. DIIODOMETHYL-P-TOLYLSULFONE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.90 Diiodomethyl-p-tolylsulfone (CAS No. 20018–09–1) (provided for in subheading 2930.90.10) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2091. 2-ETHOXY-2,3-DIHYDRO-3,3-DIMETHYL-5-BENZOFURANYL METHANESULFONATE (ETHOFUMESATE). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.31.20 2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl- methanesulfonate (ethofumesate) singularly or in mixture with application adjuvants (CAS No. 26225–79–6) (pro- vided for in subheadings 2932.99.08 and 3808.30.15) ...... Free No No On or before 12/31/ change change 99.’’ SEC. 2092. SKATING BOOTS FOR USE IN THE MANUFACTURE OF IN-LINE ROLLER SKATES. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.64.04 Skating boots for use in the manufacture of in-line roller skates (provided for in subheading 6404.11.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2093. 2-4-DICHLORO-5-HYDRAZINO-PHENOL-MONOHY- DROCHLORIDE. Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.30.98 2-4-Dichloro-5-hydrazino-phenol-monohydrochloride (CAS No. 189573–21–5) (provided for in subheading 2928.00.25) ...... Free No No On or before 12/31/ change change 98.’’ SEC. 2094. 3-MERCAPTO-D-VALINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.66 3-Mercapto-D-valine (CAS No. 52–67–5) (provided for in subheading 2930.90.45) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2095. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.91 6-Amino-1,3-naphthalenedisulfonic acid (CAS No. 118–33–2) (provided for in subheading 2921.45.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2096. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID, DISODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.67 6-Amino-1,3-naphthalenedisulfonic acid, disodium salt (CAS No. 50976–35–7) (provided for in subheading 2921.45.90) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2097. 7-ACETYLAMINO-4-HYDROXY-2-NAPHTHALENE- SULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.68 7-Acetylamino-4-hydroxy-2-naphthalenesulfonic acid, monosodium salt (CAS No. 42360–29–2) (provided for in subheading 2924.29.70) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2098. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHALENE- DISULFONIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.40 4-Benzoylamino-5- hydroxy-2,7-naphthalenedisulfonic acid (CAS No. 117–46–4) (provided for in subheading 2924.29.75) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2099. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHALENE- DISULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.42 4-Benzoylamino-5-hydroxy-2,7-naphthalenedisulfonic acid, monosodium salt (CAS No. 79873–39–5) (provided for in subheading 2924.29.70) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2100. P-ETHYLPHENOL. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.31.21 p-Ethylphenol (CAS No. 123–07–9) (provided for in subheading 2907.19.20) ...... Free No No On or before 12/31/ change change 2000.’’ SEC. 2101. PANTERA. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7067 ‘‘9902.29.09 (+/¥)- Tetrahydrofurfuryl (R)-2-[4-(6-chloroquinoxalin-2-yloxy) phenoxy] propanoate (CAS No. 119738–06–6) (provided for in subheading 2909.30.40) and any mix- tures containing the same ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2102. 3-METHYL- CARBONYL- AMINOPHENYL-3’-METHYL-CARBANILATE (PHENMEDIPHAM). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.31.22 3-Methyl- carbonyl- aminophenyl-3’-methyl-carbanilate (phenmedipham) (CAS No. 13684-63-4) (provided for in subheading 2924.29.47) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2103. 2-AMINO-P-CRESOL. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.93 2-Amino-p-cresol (CAS No. 95–84–1) (provided for in subheading 2922.29.10) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2104. 4-PHENOXYPYRIDINE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.69 4-Phenoxypyridine (CAS No. 4783–86–2) (provided for in subheading 2933.90.82) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2105. P-NITROBENZOIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.70 p-Nitrobenzoic acid (CAS No. 62–23–7) (provided for in subheading 2916.39.45) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2106. P-TOLUENESULFONAMIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.95 p-Toluenesulfonamide (CAS No. 70–55–3) (provided for in subheading 2935.00.95) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2107. TANNIC ACID. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.32.71 Tannic acid, containing by weight 50 percent or more of tannic acid (CAS No. 1401–55–4) (provided for in subheading 3201.90.10) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2108. POLYMERS OF TETRAFLUOROETHYLENE, HEXAFLUOROPROPYLENE, AND VINYLIDENE FLUORIDE. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.39.04 Polymers of tetrafluoroethylene (provided for in subheading 3904.61.00), hexafluoropropylene and vinylidene fluoride (provided for in subheading 3904.69.50) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2109. METHYL 2-[[[[[4-(DIMETHYLAMINO)-6-(2,2,2- TRIFLUOROETHOXY)-1,3,5-TRIAZIN-2-YL]- AMINO]CARBONYL]-AMINO]SULFONYL]-3-METHYLBENZOATE (TRISULFURON METHYL). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.38.11 Methyl 2-[[[[[4- (dimethylamino)-6-(2,2,2- trifluoroethoxy)- 1,3,5-triazin-2-yl]- amino]carbonyl]- amino]sulfonyl]-3-methylbenzoate (trisulfuron methyl) in mixture with application adjurants. (CAS No. 126535–15–7) (provided for in subheading 3808.30.15) ...... Free No No On or before 12/31/ change change 99.’’

SEC. 2110. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheadings: ‘‘9902.84.79 Calendaring or other rolling machines for rubber to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled, or parts thereof (provided for in subheading 8420.10.90, 8420.91.90 (part) or 8420.99.90 (part)) and material holding devices or similar attachments thereto ...... Free No No On or before 12/31/ change change 2000 9902.84.81 Shearing machines used to cut metallic tissue to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled (provided for in subheading 8462.31.00 or subheading 8466.94.85 (part)) ...... Free No No On or before 12/31/ change change 2000 9902.84.83 Machine tools for working wire of iron or steel to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled, or parts thereof (provided for in sub- heading 8463.30.00 or 8466.94.85 (part)) ...... Free No No On or before 12/31/ change change 2000 9902.84.85 Extruders to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or 8477.90.85 (part)) ...... Free No No On or before 12/31/ change change 2000 9902.84.87 Machinery for molding, retreading, or otherwise forming uncured, unvulcanized rubber to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically con- trolled, or parts thereof (provided for in subheading 8477.51.00 or 8477.90.85 (part)) ...... Free No No On or before 12/31/ change change 2000 9902.84.89 Sector mold press machines to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85 (part)) ...... Free No No On or before 12/31/ change change 2000 9902.84.91 Sawing machines to be used in the production of radial tires designed for off-the-highway use with a rim measuring 86 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40, numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or sub- heading 8466.92.50 (part)) ...... Free No No On or before 12/31/ change change 2000.’’

SEC. 2111. SE2SI SPRAY GRANULATED (HOE S 4291). Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.39.07 A saturated polyester in primary form (provided for in subheading 3907.99.00) ...... Free No No On or before 12/31/ change change 2002.’’ H7068 CONGRESSIONAL RECORD — HOUSE August 4, 1998 SEC. 2112. PERSONAL EFFECTS OF PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: ‘‘9902.98.08 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1999 International Special Olympics, the 1999 Women’s World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games, and of persons who are immediate family members of or servants to any of the foregoing persons; equip- ment and materials imported in connection with the foregoing events by or on behalf of the foregoing persons or the organizing committees of such events; articles to be used in exhibitions depicting the culture of a country participating in any such event; and, if consistent with the foregoing, such other articles as the Sec- retary of Treasury may allow ...... Free No Free On or before 1/1/ change 2003.’’

(b) TAXES AND FEES NOT TO APPLY.—The Tariff Schedule of the United States is the potential for development of comparable do- articles described in heading 9902.98.08 of the amended— mestic manufacturing capacity.’’. Harmonized Tariff Schedule of the United (1) in subdivision (a), by inserting after (c) MODIFICATIONS OF REGULATIONS.—The States (as added by subsection (a)) shall be ‘‘chapter’’ the following: ‘‘and any article of Secretary of the Treasury and the Secretary free of taxes and fees which may be other- jewelry provided for in heading 7113 (under of Commerce shall make such modifications wise applicable. the terms of additional U.S. note 3 to chap- to their joint regulations as are necessary to (c) NO EXEMPTION FROM CUSTOMS INSPEC- ter 71)’’; and carry out the amendments made by this sec- TIONS.—The articles described in heading (2) in subdivision (b), by inserting after tion. 9902.98.08 of the Harmonized Tariff Schedule ‘‘watches)’’ the following: ‘‘and any article of (d) EFFECTIVE DATE.—The amendments jewelry provided for in heading 7113’’. of the United States (as added by subsection made by this section shall take effect begin- (a)) shall not be free or otherwise exempt or SEC. 2502. TARIFF TREATMENT FOR CERTAIN ning 120 days after the date of the enactment excluded from routine or other inspections COMPONENTS OF SCIENTIFIC IN- of this Act. as may be required by the Customs Service. STRUMENTS AND APPARATUS. SEC. 2503. LIQUIDATION OR RELIQUIDATION OF SEC. 2112. 2113. EFFECTIVE DATE. (a) IN GENERAL.—U.S. Note 6 of subchapter CERTAIN ENTRIES. Except as otherwise provided in this sub- X of chapter 98 of the Harmonized Tariff title, the amendments made by this title Schedule of the United States is amended in (a) LIQUIDATION OR RELIQUIDATION OF EN- apply with respect to goods entered, or with- subdivision (a) by adding at the end the fol- TRIES.—Notwithstanding sections 514 and 520 drawn from warehouse for consumption, on lowing new sentence: ‘‘The term ‘instru- of the Tariff Act of 1930 (19 U.S.C. 1514 and or after the 15th day after the date of the en- ments and apparatus’ under subheading 1520), or any other provision of law, the actment of this Act. 9810.00.60 includes separable components of United States Customs Service shall, not later than 90 days after the date of the enact- Subtitle B—Other Trade Provisions an instrument or apparatus listed in this subdivision that are imported for assembly ment of this Act, liquidate or reliquidate SEC. 2501. EXTENSION OF CERTAIN TRADE BENE- in the United States in such instrument or those entries made at Los Angeles, Califor- FITS OF INSULAR POSSESSIONS OF nia, and New Orleans, Louisiana, which are THE UNITED STATES TO CERTAIN apparatus where the instrument or appara- FINE JEWELRY . tus, due to its size, cannot be feasibly im- listed in subsection (c), in accordance with the final decision of the International Trade (a) IN GENERAL.—The additional U.S. notes ported in its assembled state.’’. to chapter 71 of the Harmonized Tariff (b) APPLICATION OF DOMESTIC EQUIVALENCY Administration of the Department of Com- Schedule of the United States are amended TEST TO COMPONENTS.—U.S. Note 6 of sub- merce for shipments entered between Octo- by adding at the end the following new note: chapter X of chapter 98 of the Harmonized ber 1, 1984, and December 14, 1987 (case num- ‘‘3. (a) Notwithstanding any other provision Tariff Schedule of the United States is ber A–274–001). in additional U.S. note 5 to chapter 91, any arti- amended— (b) PAYMENT OF AMOUNTS OWED.—Any cle of jewelry provided for in heading 7113 (1) by redesignating subdivisions (d) amounts owed by the United States pursuant which is the product of the Virgin Islands, through (f) as subdivisions (e) through (g), to the liquidation or reliquidation of an Guam, or American Samoa (including any such respectively; and entry under subsection (a) shall be paid by article which contains any foreign component) (2) by inserting after subdivision (c) the the Customs Service within 90 days after shall be eligible for the benefits provided in following: such liquidation or reliquidation. paragraph (h) of additional U.S. note 5 to chap- ‘‘(d)(i) If the Secretary of Commerce deter- (c) ENTRY LIST.—The entries referred to in ter 91, subject to the provisions and limitations mines under this U.S. note that an instrument subsection (a) are the following: of that note and of paragraphs (b), (c), and (d) or apparatus of equivalent scientific value to the instrument or apparatus which, due to its of this note. Entry Number Date of Entry Port ‘‘(b) Nothing provided for in this note shall re- size cannot be feasibly imported in its assembled sult in an increase or a decrease in the aggre- state, is being manufactured in the United 322 00298563 ...... 12/11/86 ...... Los Angeles, California gate amount referred to in paragraph (h)(iii) of, States, the Secretary shall report the findings to 322 00300567 ...... 12/11/86 ...... Los Angeles, California or quantitative limitation otherwise established the Secretary of the Treasury and to the appli- 86–2909242 ...... 9/2/86 ...... New Orleans, Louisiana 87–05457388 ...... 1/9/87 ...... New Orleans, Louisiana pursuant to the requirements of, additional U.S. cant institution and all components of the in- note 5 to chapter 91. strument or apparatus shall remain dutiable. ‘‘(c) Nothing provided for in this note shall be ‘‘(ii) If the Secretary of Commerce determines SEC. 2504. FINISHED PETROLEUM DERIVATIVES DRAWBACK. construed to permit a reduction in the amount that the instrument or apparatus is not being available to watch producers under paragraph manufactured in the United States, the Sec- The Secretary of the Treasury shall con- (h)(iv) of additional U.S. note 5 to chapter 91. retary is authorized to determine further wheth- vene a working group of interested parties ‘‘(d) The Secretary of Commerce and the Sec- er any component of the instrument or appara- and, not later than March 31, 1999, publish retary of the Interior shall issue such regula- tus is being manufactured in the United States regulations and, if necessary, submit legisla- tions, not inconsistent with the provisions of and shall report the findings to the Secretary of tion to the Congress, to modify and simplify this note and additional U.S. note 5 to chapter the Treasury and to the applicant institution, the processing of finished petroleum deriva- 91, as they determine necessary to carry out and any component found to be domestically tives drawback claims. their respective duties under this note. Such reg- available shall remain dutiable. SEC. 2505. DRAWBACK AND REFUND OF PACKAG- ulations shall not be inconsistent with substan- ‘‘(iii) Any decision by the Secretary of the ING MATERIAL. tial transformation requirements established by Treasury which allows for duty-free entry of a (a) IN GENERAL.—Section 313(q) of the Tar- the United States Customs Service but may de- component of an instrument or apparatus iff Act of 1930 (19 U.S.C. 1313(q)) is further fine the circumstances under which articles of which, due to its size cannot be feasibly im- amended— jewelry shall be deemed to be ‘units’ for pur- ported in its assembled state, shall be effective (1) by striking ‘‘Packaging material’’ and poses of the benefits, provisions, and limitations for a specified maximum period, to be deter- inserting the following: of additional U.S. note 5 to chapter 91.’’. mined in consultation with the Secretary of ‘‘(1) IN GENERAL.—Packaging material’’; (b) CONFORMING AMENDMENTS.—Additional Commerce, taking into account both the sci- and U.S. note 5 to chapter 91 of the Harmonized entific needs of the importing institution and (2) by adding at the end the following: August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7069

‘‘(2) ADDITIONAL ELIGIBILITY.—Packaging for under subheading 8903.91.00 or 8903.92.00 of amended in the first sentence by inserting material produced in the United States, the Harmonized Tariff Schedule of the ‘‘(including international travel merchan- which is used by the manufacturer or any United States and based upon the value of dise)’’ after ‘‘Any merchandise subject to other person on or for articles which are ex- the large yacht at the time of importation) duty’’. ported or destroyed under subsection (a) or shall be deposited with the Customs Service; (b) EFFECTIVE DATE.—The amendment (b), shall be eligible under such subsection and made by this section applies with respect to for refund, as drawback, of 99 percent of any ‘‘(B) the bond posted as required by sub- goods entered, or withdrawn from warehouse duty, tax, or fee imposed on the importation section (c)(2) shall be returned to the im- for consumption, on or after the 15th day of such material used to manufacture or porter. after the date of the enactment of this Act. produce the packaging material.’’. ‘‘(e) PROCEDURES UPON EXPIRATION OF BOND SEC. 2511. EXCEPTION TO 5-YEAR REVIEWS OF (b) EFFECTIVE DATE.—The amendment PERIOD.— COUNTERVAILING DUTY OR ANTI- made by this section applies with respect to ‘‘(1) IN GENERAL.—If the large yacht en- DUMPING DUTY ORDERS. goods entered, or withdrawn from warehouse tered with deferral of duties is neither sold Section 751(c) of the Tariff Act of 1930 (19 for consumption, on or after the 15th day nor exported within the 6-month period after U.S.C. 1675(c)) is amended by adding at the after the date of the enactment of this Act. importation— end the following: ‘‘(A) entry shall be completed and duty SEC. 2506. INCLUSION OF COMMERCIAL IMPOR- ‘‘(7) EXCLUSIONS FROM COMPUTATIONS.—(A) (calculated at the applicable rates provided TATION DATA FROM FOREIGN- Subject to subparagraph (B), there shall be TRADE ZONES UNDER THE NA- for under subheading 8903.91.00 or 8903.92.00 of excluded from the computation of the 5-year TIONAL CUSTOMS AUTOMATION the Harmonized Tariff Schedule of the period described in paragraph (1) and the pe- PROGRAM. United States and based upon the value of riods described in paragraph (6) any period Section 411 of the Tariff Act of 1930 (19 the large yacht at the time of importation) during which the importation of the subject U.S.C. 1411) is amended by adding at the end shall be deposited with the Customs Service; merchandise is prohibited on account of the the following: and imposition, under the International Emer- ‘‘(c) FOREIGN-TRADE ZONES.—Not later ‘‘(B) the bond posted as required by sub- gency Economic Powers Act or other provi- than January 1, 1999, the Secretary shall pro- section (c)(2) shall be returned to the im- sion of law, of sanctions by the United vide for the inclusion of commercial impor- porter. States against the country in which the sub- tation data from foreign-trade zones under ‘‘(2) ADDITIONAL REQUIREMENTS.—No exten- ject merchandise originates. the Program.’’. sions of the bond period shall be allowed. ‘‘(B) Subparagraph (A) shall apply only Any large yacht exported in compliance with SEC. 2507. LARGE YACHTS IMPORTED FOR SALE with respect to subject merchandise which AT UNITED STATES BOAT SHOWS. the bond period may not be reentered for originates in a country that is not a WTO purposes of sale at a boat show in the United (a) IN GENERAL.—The Tariff Act of 1930 (19 member.’’. U.S.C. 1304 et seq.) is amended by inserting States (in order to receive duty deferral ben- after section 484a the following: efits) for a period of 3 months after such ex- The SPEAKER pro tempore. Pursu- ‘‘SEC. 484b. DEFERRAL OF DUTY ON LARGE portation. ant to the rule, the gentleman from Il- YACHTS IMPORTED FOR SALE AT ‘‘(f) REGULATIONS.—The Secretary of the linois (Mr. CRANE) and the gentleman UNITED STATES BOAT SHOWS. Treasury is authorized to make such rules from California (Mr. MATSUI) each will ‘‘(a) IN GENERAL.—Notwithstanding any and regulations as may be necessary to carry control 20 minutes. other provision of law, any vessel meeting out the provisions of this section.’’. The Chair recognizes the gentleman the definition of a large yacht as provided in (b) EFFECTIVE DATE.—The amendment subsection (b) and which is otherwise duti- made by subsection (a) shall apply with re- from Illinois (Mr. CRANE). able may be imported without the payment spect to any large yacht imported into the GENERAL LEAVE of duty if imported with the intention to United States after the date that is 15 days Mr. CRANE. Madam Speaker, I ask offer for sale at a boat show in the United after the date of the enactment of this Act. unanimous consent that all Members States. Payment of duty shall be deferred, in SEC. 2508. REVIEW OF PROTESTS AGAINST DECI- may have 5 legislative days within accordance with this section, until such SIONS OF CUSTOMS SERVICE. which to revise and extend their re- large yacht is sold. Section 515(a) of the Tariff Act of 1930 (19 ‘‘(b) DEFINITION.—As used in this section, U.S.C. 1515(a)) is amended by inserting after marks and include extraneous matter the term ‘large yacht’ means a vessel that the third sentence the following: ‘‘Within 30 on H.R. 4342. exceeds 79 feet in length, is used primarily days from the date an application for further The SPEAKER pro tempore. Is there for recreation or pleasure, and has been pre- review is filed, the appropriate customs offi- objection to the request of the gen- viously sold by a manufacturer or dealer to cer shall allow or deny the application and, tleman from Illinois? a retail consumer. if allowed, the protest shall be forwarded to There was no objection. ‘‘(c) DEFERRAL OF DUTY.—At the time of the customs officer who will be conducting importation of any large yacht, if such large the further review.’’. Mr. CRANE. Madam Speaker, I yield yacht is imported for sale at a boat show in myself such time as I may consume. I SEC. 2509. ENTRIES OF NAFTA-ORIGIN GOODS. the United States and is otherwise dutiable, rise in strong support of H.R. 4342, a (a) REFUND OF MERCHANDISE PROCESSING duties shall not be assessed and collected if bill to make technical corrections and FEES.—Section 520(d) of the Tariff Act of 1930 the importer of record— (19 U.S.C. 1520(d)) is amended in the matter miscellaneous amendments to trade ‘‘(1) certifies to the Customs Service that preceding paragraph (1) by inserting ‘‘(in- laws. the large yacht is imported pursuant to this section for sale at a boat show in the United cluding any merchandise processing fees)’’ H.R. 4342 is a package of miscellane- States; and after ‘‘excess duties’’. ous trade provisions and other tech- ‘‘(2) posts a bond, which shall have a dura- (b) PROTEST AGAINST DECISION OF CUSTOMS nical and clerical corrections that were tion of 6 months after the date of importa- SERVICE RELATING TO NAFTA CLAIMS.—Sec- introduced originally as separate bills. tion, in an amount equal to twice the tion 514(a)(7) of such Act (19 U.S.C. 1514(a)(7)) Collecting these highly technical mis- amount of duty on the large yacht that is amended by striking ‘‘section 520(c)’’ and inserting ‘‘subsection (c) or (d) of section cellaneous bills into a single legislative would otherwise be imposed under sub- package is an enormous task under- heading 8903.91.00 or 8903.92.00 of the Har- 520’’. monized Tariff Schedule of the United (c) EFFECTIVE DATE.—The amendments taken in each Congress. Given these States. made by this section apply with respect to difficulties, we have worked on devel- ‘‘(d) PROCEDURES UPON SALE.— goods entered, or withdrawn from warehouse oping and applying a set of consistent, ‘‘(1) DEPOSIT OF DUTY.—If any large yacht for consumption, on or after the 15th day transparent guidelines for handling (which has been imported for sale at a boat after the date of the enactment of this Act. miscellaneous trade proposals. show in the United States with the deferral SEC. 2510. TREATMENT OF INTERNATIONAL The provisions in H.R. 4342 fall into of duties as provided in this section) is sold TRAVEL MERCHANDISE HELD AT two titles. The first title makes cleri- within the 6-month period after importa- CUSTOMS-APPROVED STORAGE tion— ROOMS. cal corrections to trade laws. The sec- ‘‘(A) entry shall be completed and duty (a) IN GENERAL.—Section 557(a)(1) of the ond title of H.R. 4342 contains two sub- (calculated at the applicable rates provided Tariff Act of 1930 (19 U.S.C. 1557(a)(1)) is titles. The first subtitle contains 112 H7070 CONGRESSIONAL RECORD — HOUSE August 4, 1998 various duty suspensions and tariff re- This package of tariff and trade bills our economy, continues to suffer from ductions. A large portion of the provi- has been thoroughly reviewed and eval- the effects of these storms as well as sions in this section would temporarily uated by all interested parties to en- from a lack of affordable airline fares suspend the duty on a variety of anti- sure that none of the provisions are and other factors. As a result, we are HIV/AIDS and anti-cancer drugs. Other controversial. The committee solicited experiencing an unemployment rate provisions temporarily suspend the du- comments from the private sector, the which has more than doubled in the ties on a wide array of chemicals, in- views of the U.S. Customs Service, the past 5 years. cluding many which are environ- Department of Commerce, the U.S. Enactment of my jewelry wage cred- mentally friendly substitutes for those Trade Representative and, of course, its bill will mean the creation of good, containing toxic heavy metals. the International Trade Commission. well-paying jobs for the Virgin Islands, Another notable provision would pro- These agencies’ review ensures that no utilizing an already existing labor vide for duty-free treatment to all par- domestic producers or other private force and their skills. As a recent edi- ticipants and individuals associated sector interests will be adversely af- torial in the Virgin Islands Daily News with the 1999 International Special fected. Only provisions which were de- noted, passage of H.R. 4342, which in- Olympics, the 1999 Women’s World Cup termined by the CBO to be revenue cludes my jewelry bill, and I quote, Soccer, which, incidentally, will be neutral were included in the bill. ‘‘Will go a long way towards improving held in my home State of Illinois, the H.R. 4342 will improve the cost com- our stagnant economy.’’ 2001 International Special Olympics, petitiveness of domestic companies by Madam Speaker, I want to thank at- the 2002 Salt Lake City Winter Olym- removing tariffs which have no protec- torney Peter Heibert for his invaluable pics, and the 2002 Winter Para-Olympic tive effect on inputs they need for man- assistance, and attorney Brian Modeste Games. ufacturing, and will reduce costs for on my own staff for his diligence on The package of trade bills has been consumers of important drugs. this bill. thoroughly evaluated and commented Madam Speaker, I would like to I ask my colleagues to help me bring on by all concerned parties, including again commend the gentleman from Il- hope back to my district. I ask for a the U.S. Customs Service, the Depart- linois for shepherding this bill through vote of ‘‘yes’’ on H.R. 4342. ment of Commerce, the International the subcommittee, the full committee, Mr. MATSUI. Madam Speaker, I Trade Commission, the United States and now on the floor of the House. I yield myself such time as I may con- Trade Representative, and the general urge my colleagues to vote for 4342. sume to add that the gentlewoman public, including firms which may have Madam Speaker, I yield 3 minutes to from the Virgin Islands has done a tre- an interest in a tariff suspension on a the gentlewoman from the Virgin Is- mendous job on making sure the provi- sions she sought were in the legisla- product they produce domestically, in- lands (Ms. CHRISTIAN-GREEN). H.R. 4342 cluding those from Youngstown, Ohio. includes a bill she introduced, which tion. We appreciate her efforts there. Madam Speaker, I yield 2 minutes to The provisions that remain in the was H.R. 2498, to extend the production the gentleman from Texas (Mr. bill are completely noncontroversial incentive certificate program to fine DOGGETT), whose bill, H.R. 3375, to re- and revenue neutral, and many will en- jewelry produced in the insular posses- duce duty temporarily on synthetic able U.S. firms to produce goods more sions. quartz substrates, is included in our competitively and cost efficiently. Ac- Ms. CHRISTIAN-GREEN. Madam legislation. And I want to congratulate cordingly, I urge my colleagues to sup- Speaker, I thank my colleague for him as well for his efforts to get this in port this package. yielding me this time. Madam Speaker, I reserve the bal- Madam Speaker, I rise in strong sup- there. Mr. DOGGETT. Madam Speaker, I ance of my time. port of H.R. 4342, which makes mis- thank my colleague for yielding me Mr. MATSUI. Madam Speaker, I cellaneous and technical changes to this time, and certainly thank the gen- yield myself such time as I may con- various trade laws. I want to thank the tleman from Illinois (Mr. CRANE) also, sume. sponsors of this bill, the gentleman and rise in support of H.R. 4342. Madam Speaker, I rise in support of from California (Mr. MATSUI) and the One of this bill’s sections does, as the H.R. 4342, the Miscellaneous Trade and gentleman from Illinois (Mr. CRANE). gentleman from California (Mr. MAT- Technical Corrections Act of 1998, And I also want to thank the chair- SUI) just noted, incorporate in its en- which I cosponsored with the gen- man and ranking member of the Com- tirety a bill that I filed in March, H.R. tleman from Illinois (Mr. CRANE). This mittee on Ways and Means, the gen- 3375, to reduce tariffs on imports of bill was favorably reported out of the tleman from Texas (Mr. ARCHER) and synthetic quartz substrates. Committee on Ways and Means on a the gentleman from New York (Mr. voice vote. RANGEL), for including my bill to ex- b 1315 H.R. 4342 is a bipartisan bill. It con- tend certain trade benefits of the U.S. These substrates are used by DuPont solidates 112 tariff and 11 trade bills in- Insular Areas under the Harmonized Photomasks based down in central troduced this Congress by Members on Tariff Schedule to certain fine jewelry. Texas to manufacture photomasks. both sides of the aisle, as well as pro- Madam Speaker, this is a very proud Now, photomasks are not the kind posals from the administration and day for me, and a momentous day for you wear on Halloween. Rather, they technical corrections to various trade the people of the Virgin Islands, whom are a very important form that provide statutes. I represent. It is a proud day because the master patterns that are used to Most of the provisions suspend duties the passage of H.R. 4342 will mean that transfer circuit images onto silicon wa- temporarily on imports of specific we will be one step closer to breathing fers to make chips, which are in turn a products, such as drugs to fight AIDS life into an industry which at one time very vital component of many every- and cancer for which there is no domes- provided nearly 1,000 direct jobs for my day products from cell phones to medi- tic production. These duty suspensions constituents on Saint Croix and several cal equipment. will reduce costs for imported raw ma- thousand more indirect jobs. It would For many years now, the central terial used in manufacturing products also breathe life into an economy Texas high-tech workers at DuPont domestically. Other provisions correct which has been teetering on the brink Photomasks and other of the compa- errors or improve the operations of of death for nearly 10 years. nies along the Silicon Trail there in various customs or other trade laws. Since 1989, when Hurricane Hugo, the central Texas have produced the build- The bill allows the duty-free entry of first of three major storms, hit our is- ing blocks for America’s industries equipment and personal effects for par- lands, our economy has been severely into the 21st century. Every day over ticipants in the 1999 Special Olympics, wounded. Even today, as this country 300 workers go over to the DuPont the Women’s World Cup, and the 2002 is experiencing an economic boom, the plant. Winter Olympics. In addition, H.R. 4342 economy of the Virgin Islands contin- They are improving the semiconduc- will bring U.S. law into conformity ues to decline. tor manufacturing process. They are with an international agreement on All sectors of the Virgin Islands’ involving the students and faculty at duty-free importation of large sci- economy are in trouble. Tourism, the University of Texas with some im- entific instruments. which makes up almost 70 percent of portant educational opportunities and August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7071 staying right on the frontier, with want to say this again: Individual such large boats, which can pump tens of their research projects, of the techno- bankruptcy is at an all-time high; cred- thousands of dollars into local economies be- logical frontier that is so important to it car debt, all-time high. The Amer- cause of related expenditures such as the cost America’s future. ican people are under the gun. of a supporting crew, docking fees, boat re- Our government should be encourag- We just have seen a strike at General pairs, and supplies. The changing of this re- ing and supporting this creative indus- Motors. Thank God it was not a na- quirement will also allow importers to reduce try and the people who have trans- tional strike. How many of these the cost of starting new shows and enable formed central Texas into a high-tech plants will move offshore? I am scared small companies to participate in the current center for ingenuity and growth. to death, as every Member is, because shows. This tariff reduction is necessary be- they surely could move offshore under In addition to the duty free entry of large cause our tariff rates on these sub- these trade laws and make more profits yachts, this bill also contains provisions which strates imports have placed the Du- without our American workers. will allow duty free entry of certain chemicals Pont facility and its central Texas But let me tell my colleagues some- that are integral to fighting cancer and AIDS. workers at a competitive disadvantage thing. The people who pay the taxes to For these reasons I urge a yes vote on H.R. compared to Asian photomask manu- keep this freight on track are the 4342. facturers. There are no manufacturers American workers. No workers, no con- Mr. MATSUI. Madam Speaker, I of these substrates here in the United sumers. No workers, no consumers, no yield back the balance of my time. States, and our current tariff of almost tax. No tax, big problems. Mr. CRANE. Madam Speaker, I yield 5 percent adds hundreds of thousands of So, with that, I am going to make back the balance of my time. dollars in unnecessary costs to the Du- the pitch here for tax. Let us keep The SPEAKER pro tempore (Mrs. Pont manufacturing process. This bill American workers. Our tax problems EMERSON). The question is on the mo- will remove an unnecessary cost that will work out. I will support these tion offered by the gentleman from Illi- has hurt our ability to compete on the technical corrections, but I do not nois (Mr. CRANE) that the House sus- world market. want to hear any more about this full pend the rules and pass the bill, H.R. Together with the other tariff reduc- employment. 4342, as amended. tions that are contained in this bill, I have heard enough about panty The question was taken; and (two- they represent at least a modest but hose crotch closers, I say to the gen- thirds having voted in favor thereof) very positive statement about the ben- tleman from Illinois (Mr. CRANE), and I the rules were suspended and the bill, efits of expanding international com- think it is time he comes clean. as amended, was passed. merce. These are benefits both for the Mr. CRANE. Madam Speaker, I yield A motion to reconsider was laid on United States economy and the Amer- myself such time as I may consume. the table. ican worker. I would simply remind my distin- f I believe that our economic future guished colleague the gentleman from lies in removing more barriers to trade. Ohio (Mr. TRAFICANT) that I have seven GENERAL LEAVE This is a good step forward. I urge daughters, and so these are issues of Mr. CASTLE. Madam Speaker, I ask prompt approval of this legislation and concern I think to any father. unanimous consent that all Members the principle that underlies it. But let me remind my distinguished may have 5 legislative days within Mr. MATSUI. Madam Speaker, last colleague also of the consideration of which to revise and extend their re- but not least, I yield 3 minutes to the the H–1(b) visa vote forthcoming that marks on H.R. 4342, as amended. gentleman from Ohio (Mr. TRAFICANT) would permit entry into this country The SPEAKER pro tempore. Is there who will vote for this bill. with special visas of 65,000 skilled, objection to the request of the gen- Mr. TRAFICANT. Madam Speaker, I skilled, workers because we cannot find tleman from Delaware? am going to vote for the bill but I them in our own labor force here in the There was no objection. wanted to respond to the full employ- United States. And I would urge that f ment statement of the gentleman from he look at Congress Daily, where it LIBRARY OF CONGRESS BICENTEN- Illinois (Chairman CRANE) and I want says, ‘‘Business groups, especially NIAL COMMEMORATIVE COIN to read some of the new jobs that have high-tech companies, want to increase ACT OF 1998 been created in the Dictionary of Labor the current annual allotment of 65,000 Statistics: gizzard skin remover; corn- H–1(b) visas per year to address what Mr. CASTLE. Madam Speaker, I cob pipe assembler; fur blower; burger they say is a shortage of computer move to suspend the rules and pass the broiler; hotcake chef; ticket taker; workers.’’ bill (H.R. 3790) to require the Secretary jelly roller; cream puff specialist; ma- And so we can have our honest dis- of the Treasury to mint coins in com- nure handler; hardness inspector; bras- agreements on this. But I am so appre- memoration of the bicentennial of the siere cup molder cutter; and pantyhose ciative that the gentleman from Ohio Library of Congress crotch closure machine operator. (Mr. TRAFICANT) is, nonetheless, sup- The Clerk read as follows: There is also, I would say to the gen- porting this bill we have under consid- H.R. 3790 tleman from Illinois, a pantyhose eration today. Be it enacted by the Senate and House of Rep- crotch closure machine operator super- Mr. SHAW. Madam Speaker, I rise in strong resentatives of the United States of America in visor. I would venture to say there is a support of H.R. 4342, the Miscellaneous Trade Congress assembled, pantyhose crotch closure machine op- and Technical Corrections Act of 1998. This SECTION 1. SHORT TITLE. erator foreman. bill has many provisions within it which will This Act may be cited as the ‘‘Library of I want to make a point here. I do not help small companies throughout the United Congress Bicentennial Commemorative Coin believe America is at full employment. States. In particular, one provision within this Act of 1998’’. I believe America is at absolutely peak bill will directly help many of my constituents. SEC. 2. COIN SPECIFICATIONS. underemployment, and many families The provision which I am speaking about this (a) DENOMINATIONS.—The Secretary of the Treasury (hereafter in this Act referred to as need three, four jobs just to pay their afternoon will allow duty deferral of large the ‘‘Secretary’’) shall mint and issue the bills. So as we keep watching the up yachts imported for sale at U.S. boat shows. following coins: and down Viagra motions of Wall The change will put the onus of paying the (1) $5 GOLD COINS.—Not more than 100,000 $5 Street, keep in mind not everything duty on the end purchaser of the boat and not coins, which shall— that looks so rosy smells so good when the importer. Current law requires importers of (A) weigh 8.359 grams; you hold it to your nosey on this trade used boats intended for resale to pay the duty (B) have a diameter of 0.850 inches; and business. in advanceÐthis acts as a significant barrier (C) contain 90 percent gold and 10 percent Now, I do not know all the details of to imports. alloy. this trade business, but I do have con- (2) $1 SILVER COINS.—Not more than 500,000 In my district of West Palm Beach and Fort $1 coins, which shall— fidence in the gentleman from Illinois Lauderdale, this provision will help spur the (A) weigh 26.73 grams; (Mr. CRANE) and the gentleman from economy by allowing more and bigger yachts (B) have a diameter of 1.500 inches; and California (Mr. MATSUI), and I will sup- into the shows without having to pay the duty (C) contain 90 percent silver and 10 percent port these technical corrections. But I up front. This will lead to, increased sales of copper. H7072 CONGRESSIONAL RECORD — HOUSE August 4, 1998 (b) BIMETALLIC COINS.—The Secretary may (d) SURCHARGES.—All sales shall include a I grew up in a small town. Oftentimes mint and issue not more than 200,000 $10 surcharge established by the Secretary, in an if we lived in a small town, we did not bimetallic coins of gold and platinum in- amount equal to not more than— have access to the latest information, stead of the gold coins required under sub- (1) $50 per coin for the $10 coin or $35 per to the great depth of information that section (a)(1) in accordance with such speci- coin for the $5 coin; and fications as the Secretary determines to be (2) $5 per coin for the $1 coin. is needed, intellectual curiosity cut off appropriate. SEC. 7. DISTRIBUTION OF SURCHARGES. by the lack of a library. (c) LEGAL TENDER.—The coins minted All surcharges received by the Secretary Well, today we have got the Internet. under this Act shall be legal tender, as pro- from the sale of coins issued under this Act And while it has some great things on vided in section 5103 of title 31, United States shall be paid by the Secretary to the Library it, it has got an awful lot of junk. This Code. of Congress Trust Fund Board in accordance is going to put some high-quality infor- SEC. 3. SOURCES OF BULLION. with section 5134(f) of title 31, United States mation for people to access. It will pay (a) PLATINUM AND GOLD.—The Secretary Code (as added by section 529(b)(2) of the for it without raising additional reve- shall obtain platinum and gold for minting Treasury, Postal Service, and General Gov- coins under this Act from available sources. ernment Appropriations Act, 1997), to be nues through the general treasury. (b) SILVER.—The Secretary may obtain sil- used for the purpose of supporting bicenten- The funds that are necessary to this ver for minting coins under this Act from nial programs, educational outreach activi- run out very shortly. Passing this is an stockpiles established under the Strategic ties (including schools and libraries), and important step to fund the digitizing of and Critical Materials Stock Piling Act and other activities of the Library of Congress. the information of the Library of Con- from other available sources. The SPEAKER pro tempore. Pursu- gress. It will be one of the best things SEC. 4. DESIGN OF COINS. ant to the rule, the gentleman from we do for the American people (a) DESIGN REQUIREMENTS.— ASTLE (1) IN GENERAL.—The design of the coins Delaware (Mr. C ) and the gen- Madam Speaker, I reserve the bal- minted under this Act shall be emblematic tleman from Connecticut (Mr. GEJDEN- ance of my time. of the Library of Congress. SON) each will control 20 minutes. Mr. CASTLE. Madam Speaker, I (2) DESIGNATION AND INSCRIPTIONS.—On The Chair recognizes the gentleman thank the gentleman from Connecticut each coin minted under this Act there shall from Delaware (Mr. CASTLE). (Mr. GEJDENSON) for his kind words. be— Mr. CASTLE. Madam Speaker, I Mr. GEJDENSON. Madam Speaker, I (A) a designation of the value of the coin; yield myself such time as I may con- yield back the balance of my time. (B) an inscription of the year ‘‘2000’’; and sume. Mr. CASTLE. Madam Speaker, I (C) inscriptions of the words ‘‘Liberty’’, I rise in support of H.R. 3790, the Li- ‘‘In God We Trust’’, ‘‘United States of Amer- yield back the balance of my time. brary of Congress Bicentennial Com- The SPEAKER pro tempore. The ica’’, and ‘‘E Pluribus Unum’’. memorative Coin Act of 1998. Aside (b) SELECTION.—The design for the coins question is on the motion offered by minted under this Act shall be— from commemorating a very worthy the gentleman from Delaware (Mr. (1) selected by the Secretary after con- institution on the celebration of its bi- CASTLE) that the House suspend the sultation with the Library of Congress and centennial in the year 2000, this bill rules and pass the bill, H.R. 3790. the Commission of Fine Arts; and conforms in all aspects to the coin re- The question was taken; and (two- (2) reviewed by the Citizens Commemora- form legislation that we have passed in thirds having voted in favor thereof) tive Coin Advisory Committee. this Congress and the last. It also SEC. 5. ISSUANCE OF COINS. the rules were suspended and the bill promises to be of great numismatic in- was passed. (a) QUALITY OF COINS.—Coins minted under terest because it permits the minting this Act shall be issued in uncirculated and A motion to reconsider was laid on proof qualities. of the first bimetallic coins in this Na- the table. tion’s history, combining gold and (b) MINT FACILITY.—Only 1 facility of the f United States Mint may be used to strike platinum. any particular combination of denomination This commemorative has already GENERAL LEAVE and quality of the coins minted under this been approved by the Citizens Com- Mr. CASTLE. Madam Speaker, I ask Act. memorative Coin Advisory Committee, (c) PERIOD FOR ISSUANCE.—The Secretary unanimous consent that all Members as required under our coin reform legis- may have 5 legislative days within may issue coins minted under this Act only lation passed this Congress and the during the period beginning on January 1, which to revise and extend their re- 2000, and ending on December 31, 2000. last. It also meets other strictures of marks on H.R. 3790. (d) PROMOTION CONSULTATION.—The Sec- those reforms, including mintage lim- The SPEAKER pro tempore. Is there retary shall— its and retention of surcharge pay- objection to the request of the gen- (1) consult with the Library of Congress in ments until all the Government’s costs tleman from Delaware? order to establish a role for the Library of are recovered from the program. There was no objection. Congress in the promotion, advertising, and I would also add that the gentleman f marketing of the coins minted under this from California (Mr. THOMAS) has been Act; and extremely energetic in obtaining 299 JAMES F. BATTIN FEDERAL (2) if the Secretary determines that such cosponsors, we need 290, in near record action would be beneficial to the sale of COURTHOUSE coins minted under this Act, enter into a time. Mr. KIM. Madam Speaker, I move to I urge the immediate adoption of contract with the Library of Congress to suspend the rules and pass the bill H.R. 3790. carry out the role established under para- (H.R. 3696) to designate the Federal graph (1). Madam Speaker, I reserve the bal- ance of my time. Courthouse located at 316 North 26th SEC. 6. SALE OF COINS. Street in Billings, Montana, as the (a) SALE PRICE.—The coins issued under Mr. GEJDENSON. Madam Speaker, I this Act shall be sold by the Secretary at a yield myself such time as I may con- ‘‘James F. Battin Federal Courthouse,’’ price equal to the sum of— sume. as amended. (1) the face value of the coins; I would like to join my colleague in The Clerk read as follows: (2) the surcharge provided in subsection (d) support of the legislation and to spend H.R. 3696 with respect to such coins; and just one moment trying to get across Be it enacted by the Senate and House of Rep- (3) the cost of designing and issuing the how important this legislation is. resentatives of the United States of America in coins (including labor, materials, dies, use of It is not simply a coin that rightfully Congress assembled, machinery, overhead expenses, marketing, SECTION 1. DESIGNATION. and shipping). commemorates the history of this (b) BULK SALES.—The Secretary shall great institution, the Library of Con- The United States courthouse located at 316 make bulk sales of the coins issued under gress. It is not just something that is North 26th Street in Billings, Montana, shall be this Act at a reasonable discount. going to make money and pay for some known and designated as the ‘‘James F. Battin (c) PREPAID ORDERS.— of its operations. It will indeed, for the United States Courthouse’’. (1) IN GENERAL.—The Secretary shall ac- first time, put something I think that SEC. 2. REFERENCES. cept prepaid orders for the coins minted every American ought to have access Any reference in a law, map, regulation, doc- under this Act before the issuance of such ument, paper, or other record of the United coins. to, and that is the information at the States to the United States courthouse referred (2) DISCOUNT.—Sale prices with respect to Library of Congress. The digitizing of to in section 1 shall be deemed to be a reference prepaid orders under paragraph (1) shall be the Library’s resources really changes to the ‘‘James F. Battin United States Court- at a reasonable discount. who gets to access this information. house’’. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7073 The SPEAKER pro tempore. Pursu- guished member of the Federal bench, I In 1969 James Battin was asked by ant to the rule, the gentleman from want to take just a few moments today President Nixon to serve as a Federal California (Mr. KIM) and the gentleman to give my colleagues some reflections district judge on the Ninth Circuit from Ohio (Mr. TRAFICANT) each will on the life of the man that we will Court of Appeals in San Francisco. The control 20 minutes. honor today. new post appealed to the five-term The Chair recognizes the gentleman James Battin earned a reputation for Congressman and represented a huge from California (Mr. KIM). effectiveness and integrity during five stepping stone in his career. However, Mr. KIM. Madam Speaker, I yield terms in the Congress and 27 years on Battin declined because, while he as- myself such time as I may consume. the Federal bench. pired to be a Federal judge, he also Madam Speaker, H.R. 3696, as amend- b 1330 wanted to raise his family in the quiet ed, designates the United States Court- beauty of Montana, a life unlike what house located in Billings, Montana, as His accomplishments range from building new protections for the envi- he would have expected in San Fran- the ‘‘James F. Battin United States ronment and wilderness preserves, to cisco. Courthouse.’’ Soon after, a Federal judgeship be- Judge Battin was a Federal District rulings on streamlining Federal judici- ary proceedings. He created the prece- came available in his home State and Judge for the United States District dent for the now universally accepted in Billings. His judicial home became Court of Montana, and he was also a six-man Federal jury in civil cases. the Billings Federal Building, which we former Member of this Congress, hav- After high school, James Battin are redesignating today. ing served in the House of Representa- served in the U.S. Navy during World tives for the 87th through the 91st Con- James Battin became the first judi- War II. After the war he began his ca- cial appointment of the new Nixon ad- gress. He was appointed to the Federal reer in public service as a city attorney bench by President Nixon in 1969 and ministration. He went on to serve and in Billings, Montana. In 1958 he was excel in that post for 27 years, becom- served as Chief Judge from 1978 until elected to the Montana State legisla- he elected to take a senior status in ing the District of Montana’s chief ture, and successfully ran for a seat in judge in 1978. During the time Battin 1990. the U.S. House of Representatives in From the bench he diligently served issued key rulings affecting the lives of 1960. Montana citizens, among them preserv- the District of Montana, as well as ad- During his first term in the U.S. ditional assignments in the United ing access to the Bighorn River for all House of Representatives, James people. A dedicated and hard working States District Courts for Washington, Battin was chosen by his fellow fresh- Oregon, California, Arizona, Hawaii, man, he remained on the bench until man legislators to sit on the House his passing in the autumn of 1996. and Georgia. Committee on Committees. As a mem- During his tenure in Congress, he ber of this critical House overseer, he James Battin is best remembered as served on the Committee on Commit- secured a seat for himself on the Com- a dedicated husband and father whose tees, the Executive Committee, the Ju- mittee on Ways and Means. Monitoring first priority was always his family. diciary Committee, Foreign Affairs the federal purse strings from this van- While he preceded us here by more Committee, and the Committee on tage point, Battin solidified the respect than 30 years, he stood for the enduring Ways and Means. of his colleagues, exerting great influ- values that bring so many of us to Con- This certainly is a fitting tribute to ence on behalf of his large home State. gress today, the importance of family, a distinguished judge and dedicated In his second term, Battin was ap- a better government and the desire to public servant. I support the bill, as pointed to the House Foreign Affairs serve our fellow man. amended, and I urge my colleagues to Committee. An assignment to the H.R. 3696 is a tribute to a great per- support it. House Judiciary Committee followed son. His accomplishments are numer- Madam Speaker, I reserve the bal- soon thereafter. With a growing list of ous, and his contribution to the lives of ance of my time. congressional responsibilities and in- his neighbors is echoed by the wide Mr. TRAFICANT. Madam Speaker, I fluence, he came to play an instrumen- support he enjoyed among Montana yield myself such time as I may con- tal role in a host of legislation, among residents for decades. sume. these the law creating the Montana Mr. Speaker, I am proud to offer this Madam Speaker, I am proud to sup- Bob Marshall Wilderness Area, at the legislation as a token of Montana’s and port this bill. While in Congress, Judge time the largest wildlife area in the the Nation’s deep gratitude for a life- Battin served on the Committee on the United States. Throughout the 1960s he time of dedicated service. I urge Mem- Judiciary, Committee on Foreign Af- would serve Montana for five terms in bers’ support of H.R. 3696. fairs, and the Committee on Ways and the U.S. House, each time winning re- Mr. TRAFICANT. Madam Speaker, I Means. election by an ever-larger landslide support the legislation. It is interesting to note that Judge margin. Battin’s son, Jim, currently serves in In addition to his duties in Washing- Madam Speaker, I have no requests the California Assembly representing ton, James Battin would go on to serve for time, and I yield back the balance the 80th District. I think it is proper to as one of the two U.S. congressional of my time. honor those contributions. And I want representatives to the Intergovern- Mr. KIM. Madam Speaker, I yield to compliment the sponsor of the bill, mental Committee on European Migra- back the balance of my time. the gentleman from Montana (Mr. tion which met in Geneva. This group The SPEAKER pro tempore (Mrs. HILL) for his contribution. I am proud helped persons forced from behind the EMERSON). The question is on the mo- to support the legislation. Iron Curtain to reestablish in other tion offered by the gentleman from Madam Speaker, I reserve the bal- countries in useful occupations. As an California (Mr. KIM) that the House ance of my time. emissary of his Nation he brought the suspend the rules and pass the bill, Mr. KIM. Madam Speaker, I yield assistance and stewardship of our gov- H.R. 3696, as amended. such time as he may consume to the ernment to people forming businesses The question was taken; and (two- gentleman from Montana (Mr. HILL). abroad. Mr. HILL. Madam Speaker, I am In 1968 Battin was selected to serve thirds having voted in favor thereof) pleased today to present to the House as President Nixon’s representative to the rules were suspended and the bill, H.R. 3696, legislation to designate the the Platform Committee at the Repub- as amended, was passed. Federal courthouse in downtown Bil- lican National Convention. Amid a The title of the bill was amended so lings, Montana, as the ‘‘James F. time of change and upheaval and war as to read: ‘‘A bill to designate the Battin Federal Courthouse.’’ abroad, he helped articulate his party’s United States courthouse located at 316 While there are a few Members in and vision for America. With a congres- North 26th Street in Billings, Montana, around this Chamber who will probably sional career moving at full pace and as the ‘James F. Battin United States remember Jim Battin as Montana’s his influence increasing each year, Courthouse’.’’. Eastern District congressman, and oth- Battin welcomed new representatives A motion to reconsider was laid on ers who remember him as a distin- and he took them under his wing. the table. H7074 CONGRESSIONAL RECORD — HOUSE August 4, 1998 JOSEPH P. KINNEARY UNITED As has been stated, the good judge the second longest serving federal judge in STATES COURTHOUSE graduated from law school in 1935 and the nation. Mr. KIM. Madam Speaker, I move to practiced law as an Assistant Attorney I applaud the initiative to recognize and re- suspend the rules and pass the Senate General until 1939. During World War II ward the forty-seven years of public service bill (S. 1800) to designate the Federal he served his country in the Army from put forth by Judge Kinneary, and want to com- building and United States courthouse 1942 until 1946. mend Judge Kinneary's selfless devotion to located at 85 Marconi Boulevard in Co- After the war, Judge Kinneary re- his local community. I urge my colleagues in lumbus, Ohio, as the ‘‘Joseph P. turned to Ohio. In 1949 he became the Congress to support this action which recog- Kinneary United States Courthouse’’. First Assistant Attorney General of nizes the achievements and commitment of so The Clerk read as follows: Ohio. In 1961, as the gentleman from dedicated a citizen. S. 1800 California (Mr. KIM) has stated, Presi- Mr. TRAFICANT. Madam Speaker, I dent Kennedy appointed Judge yield back the balance of my time. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Kinneary as the United States Attor- Mr. KIM. Madam Speaker, I yield Congress assembled, ney for the Southern District of Ohio back the balance of my time. SECTION 1. DESIGNATION OF JOSEPH P. where his work has been an example to The SPEAKER pro tempore. The KINNEARY UNITED STATES COURT- all who have followed him. President question is on the motion offered by HOUSE. Johnson then appointed Judge the gentleman from California (Mr. The Federal building and United States Kinneary to the District Court for the KIM) that the House suspend the rules courthouse located at 85 Marconi Boulevard Southern District of Ohio in 1966, and and pass the Senate bill, S. 1800. in Columbus, Ohio, shall be known and des- the rest is history that we are all in The question was taken; and (two- ignated as the ‘‘Joseph P. Kinneary United States Courthouse’’. Ohio, Buckeyes, proud of. thirds having voted in favor thereof) Judge Kinneary’s long distinguished the rules were suspended and the Sen- SEC. 2. REFERENCES. Any reference in a law, map, regulation, career spans almost six decades in serv- ate bill was passed. document, paper, or other record of the ice to the Buckeye State. It is abso- A motion to reconsider was laid on United States to the Federal building and lutely fitting and proper here today the table. United States courthouse referred to in sec- that the Congress of the United States f tion 1 shall be deemed to be a reference to pay tribute to this outstanding judge GENERAL LEAVE the ‘‘Joseph P. Kinneary United States by designating the Federal building in Courthouse’’. Columbus, Ohio, as the Joseph P. Mr. KIM. Madam Speaker, I ask The SPEAKER pro tempore. Pursu- Kinneary United States Courthouse. I unanimous consent that all Members ant to the rule, the gentleman from am proud to be a part of this process. may have 5 legislative days within California (Mr. KIM) and the gentleman Madam Speaker, I want to com- which to revise and extend their re- from Ohio (Mr. TRAFICANT) each will pliment the gentleman from Ohio (Mr. marks on H.R. 3696 and S. 1800. control 20 minutes. LATOURETTE) my neighbor to the north The SPEAKER pro tempore. Is there The Chair recognizes the gentleman for being a part of this process and objection to the request of the gen- from California (Mr. KIM). bringing this to the attention of the tleman from California? Mr. KIM. Madam Speaker, I yield United States Congress. There was no objection. myself such time as I may consume. I urge an ‘‘aye’’ vote. f Madam Speaker, S. 1800 designates Mr. PORTMAN. Mr. Speaker, I rise today to DIGITAL MILLENNIUM COPYRIGHT the Federal building and United States pay tribute to Judge Joseph Kinneary, a fellow ACT courthouse located in Columbus, Ohio, native of Cincinnati who will be 93 in Septem- as the ‘‘Joseph P. Kinneary United ber. A respected jurist, Judge Kinneary has Mr. COBLE. Madam Speaker, I move States Courthouse.’’ worked hard to serve justice in Cincinnati, in to suspend the rules and pass the bill Judge Joseph Kinneary has served Ohio, and in America. (H.R. 2281) to amend title 17, United and continues to serve his country in a Judge Kinneary attended Saint Xavier High States Code, to implement the World distinguished manner. During World School in Cincinnati, then went on to Notre Intellectual Property Organization War II, Judge Kinneary served in the Dame. He returned to Cincinnati to obtain his Copyright Treaty and Performances United States Army from 1942 to 1946. law degree from the College of Law at the and Phonograms Treaty, as amended. He has also held the offices of Assist- University of Cincinnati. The Clerk read as follows: ant Attorney General and First Assist- Judge Kinneary served our government with H.R. 2281 ant Attorney General for the State of distinction. After becoming Assistant Attorney Be it enacted by the Senate and House of Rep- Ohio, as well as United States Attor- General of Ohio, President Kennedy appointed resentatives of the United States of America in ney for the Southern District of Ohio. him to United States Attorney for Southern Congress assembled, In 1961, President Johnson appointed Ohio in 1961. He was reappointed by Presi- SECTION 1. SHORT TITLE. Judge Kinneary to the Federal bench dent Johnson. He later became United States This Act may be cited as the ‘‘Digital Mil- for the Southern District of Ohio, District Judge for the Southern District of Ohio, lennium Copyright Act’’. where after 32 years he continues to a position he held for thirty-two years, includ- SEC. 2. TABLE OF CONTENTS. preside and maintain an active docket. ing three years as Chief Judge. Judge Sec. 1. Short title. Sec. 2. Table of contents. Judge Kinneary gives new meaning Kinneary also served his nation in the Army to the phrase ‘‘dedicated public serv- during the Second World War. He served for TITLE I—WIPO COPYRIGHT TREATIES IMPLEMENTATION ant.’’ This is a fitting tribute. four years, achieved the rank of Captain, and I support the bill, and I urge my col- won the Army Commendation Ribbon for his Sec. 101. Short title. Sec. 102. Technical amendments. leagues to support the bill. outstanding contributions. Sec. 103. Copyright protection systems and Madam Speaker, I reserve the bal- Legislation is before us today to designate copyright management infor- ance of my time. the federal building and courthouse in Colum- mation. Mr. TRAFICANT. Madam Speaker, I bus the Joseph P. Kinneary United States Sec. 104. Development and implementation yield myself such time as I may con- Courthouse. I welcome this effort to recognize of technological protection sume. I am proud to support this bill as the commitment, dedication and years of serv- measures. an Ohio resident that takes pride in ice given by Judge Kinneary. He honorably Sec. 105. Evaluation of impact of copyright the long distinguished service career of served his country in time of war, and contin- law and amendments on elec- tronic commerce and techno- Judge Kinneary. ued that devotion by working for justice though logical development. Judge Kinneary has served on the our legal system. Having distinguished himself Sec. 106. Effective date. Ohio Federal bench for over 32 years, since he received his law degree from the Col- TITLE II—ONLINE COPYRIGHT and even today, Madam Speaker, as we lege of Law at the University of Cincinnati, he INFRINGEMENT LIABILITY LIMITATION deliberate this tribute to the fine has returned to become a member on the Sec. 201. Short title. judge, he continues to serve the citi- Board of Visitors for the College of Law and Sec. 202. Limitations on liability for copy- zens of Ohio as a senior judge very ac- one of the Law School's strongest supporters. right infringement. tive in carrying a docket of cases. Judge Kinneary holds the distinction of being Sec. 203. Effective date. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7075 TITLE III-COMPUTER MAINTENANCE OR ‘‘An ‘international agreement’ is— ‘‘(A) a nation adhering to the Berne Con- REPAIR COPYRIGHT EXEMPTION ‘‘(1) the Universal Copyright Convention; vention; Sec. 301. Short title. ‘‘(2) the Geneva Phonograms Convention; ‘‘(B) a WTO member country; Sec. 302. Limitations on exclusive rights; ‘‘(3) the Berne Convention; ‘‘(C) a nation adhering to the WIPO Copy- computer programs. ‘‘(4) the WTO Agreement; right Treaty; ‘‘(5) the WIPO Copyright Treaty; ‘‘(D) a nation adhering to the WIPO Per- TITLE IV—MISCELLANEOUS PROVISIONS ‘‘(6) the WIPO Performances and formances and Phonograms Treaty; or Subtitle A—Establishment of the Under Sec- Phonograms Treaty; and ‘‘(E) subject to a Presidential proclama- retary of Commerce for Intellectual Prop- ‘‘(7) any other copyright treaty to which tion under subsection (g).’’; erty Policy the United States is a party.’’; (2) by amending paragraph (3) to read as Sec. 401. Under Secretary of Commerce for (5) by inserting after the definition of follows: Intellectual Property Policy. ‘‘transmit’’ the following: ‘‘(3) The term ‘eligible country’ means a Sec. 402. Relationship with existing authori- ‘‘A ‘treaty party’ is a country or intergov- nation, other than the United States, that— ties. ernmental organization other than the ‘‘(A) becomes a WTO member country after Subtitle B—Related Provisions United States that is a party to an inter- the date of the enactment of the Uruguay Sec. 411. Ephemeral recordings. national agreement.’’; Round Agreements Act; Sec. 412. Limitations on exclusive rights; (6) by inserting after the definition of ‘‘(B) on such date of enactment is, or after distance education. ‘‘widow’’ the following: such date of enactment becomes, a nation Sec. 413. Exemption for libraries and ar- ‘‘The ‘WIPO Copyright Treaty’ is the WIPO adhering to the Berne Convention; chives. Copyright Treaty concluded at Geneva, Swit- ‘‘(C) adheres to the WIPO Copyright Trea- Sec. 414. Fair use. zerland, on December 20, 1996.’’; ty; Sec. 415. Scope of exclusive rights in sound (7) by inserting after the definition of ‘‘The ‘‘(D) adheres to the WIPO Performances recordings; ephemeral record- ‘WIPO Copyright Treaty’ ’’ the following: and Phonograms Treaty; or ings. ‘‘The ‘WIPO Performances and ‘‘(E) after such date of enactment becomes Sec. 416. Assumption of contractual obliga- Phonograms Treaty’ is the WIPO Perform- subject to a proclamation under subsection tions related to transfers of ances and Phonograms Treaty concluded at (g).’’; rights in motion pictures. Geneva, Switzerland, on December 20, 1996.’’; (3) in paragraph (6)— Sec. 417. First sale clarification. and (A) in subparagraph (C)(iii) by striking (8) by inserting after the definition of ‘‘and’’ after the semicolon; TITLE V—COLLECTIONS OF ‘‘work made for hire’’ the following: (B) at the end of subparagraph (D) by strik- INFORMATION ANTIPIRACY ACT ‘‘The terms ‘WTO Agreement’ and ‘WTO ing the period and inserting ‘‘; and’’; and Sec. 501. Short title. member country’ have the meanings given (C) by adding after subparagraph (D) the Sec. 502. Misappropriation of collections of those terms in paragraphs (9) and (10), re- following: information. spectively, of section 2 of the Uruguay ‘‘(E) if the source country for the work is Sec. 503. Conforming amendment. Round Agreements Act.’’. an eligible country solely by virtue of its ad- Sec. 504. Conforming amendments to title (b) SUBJECT MATTER OF COPYRIGHT; NA- herence to the WIPO Performances and 28, United States Code. TIONAL ORIGIN.—Section 104 of title 17, Phonograms Treaty, is a sound recording.’’; Sec. 505. Effective date. United States Code, is amended— (4) in paragraph (8)(B)(i)— TITLE VI—PROTECTION OF CERTAIN (1) in subsection (b)— (A) by inserting ‘‘of which’’ before ‘‘the ORIGINAL DESIGNS (A) in paragraph (1) by striking ‘‘foreign majority’’; and Sec. 601. Short title. nation that is a party to a copyright treaty (B) by striking ‘‘of eligible countries’’; and Sec. 602. Protection of certain original de- to which the United States is also a party’’ (5) by striking paragraph (9). (d) REGISTRATION AND INFRINGEMENT AC- signs. and inserting ‘‘treaty party’’; TIONS.—Section 411(a) of title 17, United Sec. 603. Conforming amendments. (B) in paragraph (2) by striking ‘‘party to States Code, is amended in the first sen- Sec. 604. Effective date. the Universal Copyright Convention’’ and in- serting ‘‘treaty party’’; tence— TITLE I—WIPO COPYRIGHT TREATIES (C) by redesignating paragraph (5) as para- (1) by striking ‘‘actions for infringement of IMPLEMENTATION graph (6); copyright in Berne Convention works whose SEC. 101. SHORT TITLE. (D) by redesignating paragraph (3) as para- country of origin is not the United States This title may be cited as the ‘‘WIPO Copy- graph (5) and inserting it after paragraph (4); and’’; and right Treaties Implementation Act’’. (E) by inserting after paragraph (2) the fol- (2) by inserting ‘‘United States’’ after ‘‘no SEC. 102. TECHNICAL AMENDMENTS. lowing: action for infringement of the copyright in any’’. (a) DEFINITIONS.—Section 101 of title 17, ‘‘(3) the work is a sound recording that was (e) STATUTE OF LIMITATIONS.—Section United States Code, is amended— first fixed in a treaty party; or’’; 507(a) of title 17, United State Code, is (1) by striking the definition of ‘‘Berne (F) in paragraph (4) by striking ‘‘Berne amended by striking ‘‘No’’ and inserting Convention work’’; Convention work’’ and inserting ‘‘pictorial, graphic, or sculptural work that is incor- ‘‘Except as expressly provided otherwise in (2) in the definition of ‘‘The ‘country of or- this title, no’’. igin’ of a Berne Convention work’’— porated in a building or other structure, or SEC. 103. COPYRIGHT PROTECTION SYSTEMS (A) by striking ‘‘The ‘country of origin’ of an architectural work that is embodied in a building and the building or structure is lo- AND COPYRIGHT MANAGEMENT IN- a Berne Convention work, for purposes of FORMATION. cated in the United States or a treaty section 411, is the United States if’’ and in- (a) IN GENERAL.—Title 17, United States party’’; and serting ‘‘For purposes of section 411, a work Code is amended by adding at the end the (G) by inserting after paragraph (6), as so is a ‘United States work’ only if’’; following new chapter: redesignated, the following: (B) in paragraph (1)— ‘‘CHAPTER 12—COPYRIGHT PROTECTION (i) in subparagraph (B) by striking ‘‘nation ‘‘For purposes of paragraph (2), a work that AND MANAGEMENT SYSTEMS or nations adhering to the Berne Conven- is published in the United States or a treaty ‘‘Sec. tion’’ and inserting ‘‘treaty party or par- party within 30 days after publication in a ‘‘1201. Circumvention of copyright protection ties’’; foreign nation that is not a treaty party systems. (ii) in subparagraph (C) by striking ‘‘does shall be considered to be first published in ‘‘1202. Integrity of copyright management in- not adhere to the Berne Convention’’ and in- the United States or such treaty party, as formation. serting ‘‘is not a treaty party’’; and the case may be.’’; and ‘‘1203. Civil remedies. (iii) in subparagraph (D) by striking ‘‘does (2) by adding at the end the following new ‘‘1204. Criminal offenses and penalties. not adhere to the Berne Convention’’ and in- subsection: ‘‘1205. Savings clause. serting ‘‘is not a treaty party’’; and ‘‘(d) EFFECT OF PHONOGRAMS TREATIES.— ‘‘1203. Civil remedies. (C) in the matter following paragraph (3) Notwithstanding the provisions of subsection ‘‘§ 1201. Circumvention of copyright protec- by striking ‘‘For the purposes of section 411, (b), no works other than sound recordings tion systems the ‘country of origin’ of any other Berne shall be eligible for protection under this ‘‘(a) VIOLATIONS REGARDING CIRCUMVENTION Convention work is not the United States.’’; title solely by virtue of the adherence of the OF TECHNOLOGICAL MEASURES.—(1)(A) No per- (3) by inserting after the definition of United States to the Geneva Phonograms son shall circumvent a technological meas- ‘‘fixed’’ the following: Convention or the WIPO Performances and ure that effectively controls access to a work ‘‘The ‘Geneva Phonograms Convention’ is Phonograms Treaty.’’. protected under this title. The prohibition the Convention for the Protection of Produc- (c) COPYRIGHT IN RESTORED WORKS.—Sec- contained in the preceding sentence shall ers of Phonograms Against Unauthorized Du- tion 104A(h) of title 17, United States Code, take effect at the end of the 2-year period be- plication of Their Phonograms, concluded at is amended— ginning on the date of the enactment of this Geneva, Switzerland, on October 29, 1971.’’; (1) in paragraph (1), by striking subpara- chapter. (4) by inserting after the definition of ‘‘in- graphs (A) and (B) and inserting the follow- ‘‘(B)(i) The prohibition contained in sub- cluding’’ the following: ing: paragraph (A) shall not apply to persons H7076 CONGRESSIONAL RECORD — HOUSE August 4, 1998 with respect to a copyrighted work which is traffic in any technology, product, service, (1) A nonprofit library, archives, or edu- in a particular class of works and to which device, component, or part thereof, that— cational institution which gains access to a such persons have gained initial lawful ac- ‘‘(A) is primarily designed or produced for commercially exploited copyrighted work cess, if such persons are, or are likely to be the purpose of circumventing a technological solely in order to make a good faith deter- in the succeeding 3-year period, adversely af- measure that effectively controls access to a mination of whether to acquire a copy of fected by virtue of such prohibition in their work protected under this title; that work for the sole purpose of engaging in ability to make noninfringing uses of that ‘‘(B) has only limited commercially signifi- conduct permitted under this title shall not particular class of works under this title, as cant purpose or use other than to cir- be in violation of subsection (a)(1)(A). A copy determined under subparagraph (C). cumvent a technological measure that effec- of a work to which access has been gained ‘‘(ii) The prohibition contained in subpara- tively controls access to a work protected under this paragraph— graph (A) shall not apply to nonprofit librar- under this title; or ‘‘(A) may not be retained longer than nec- ies, archives, or educational institutions, or ‘‘(C) is marketed by that person or another essary to make such good faith determina- to any entity described in section 501(c)(3), acting in concert with that person with that tion; and (4), or (6) of the Internal Revenue Code of person’s knowledge for use in circumventing ‘‘(B) may not be used for any other pur- 1986 that is exempt from tax under section a technological measure that effectively con- pose. 501(a) of such Code, with respect to a particu- trols access to a work protected under this ‘‘(2) The exemption made available under lar class of works, if such entities are, or are title. paragraph (1) shall only apply with respect likely to be in the succeeding 3-year period, ‘‘(3) As used in this subsection— to a work when an identical copy of that adversely affected by virtue of such prohibi- ‘‘(A) to ‘circumvent a technological meas- work is not reasonably available in another tion in their ability to make noninfringing ure’ means to descramble a scrambled work, form. uses of that particular class of works under to decrypt an encrypted work, or otherwise ‘‘(3) A nonprofit library, archives, or edu- this title, as determined under subparagraph to avoid, bypass, remove, deactivate, or im- cational institution that willfully for the (C). purpose of commercial advantage or finan- ‘‘(C) During the 2-year period described in pair a technological measure, without the cial gain violates paragraph (1)— subparagraph (A), and during each succeed- authority of the copyright owner; and ‘‘(A) shall, for the first offense, be subject ing 3-year period, the Secretary of Com- ‘‘(B) a technological measure ‘effectively to the civil remedies under section 1203; and merce, in consultation with the Under Sec- controls access to a work’ if the measure, in retary of Commerce for Intellectual Prop- the ordinary course of its operation, requires ‘‘(B) shall, for repeated or subsequent of- erty Policy, the Assistant Secretary of Com- the application of information, or a process fenses, in addition to the civil remedies merce for Communications and Information, or a treatment, with the authority of the under section 1203, forfeit the exemption pro- and the Register of Copyrights, shall conduct copyright owner, to gain access to the work. vided under paragraph (1). a rulemaking on the record to make the de- ‘‘(b) ADDITIONAL VIOLATIONS.—(1) No person ‘‘(4) This subsection may not be used as a termination for purposes of subparagraph (B) shall manufacture, import, offer to the pub- defense to a claim under subsection (a)(2) or of whether nonprofit libraries, archives, or lic, provide, or otherwise traffic in any tech- (b), nor may this subsection permit a non- educational institutions and other entities nology, product, service, device, component, profit library, archives, or educational insti- described in subparagraph (B) or persons who or part thereof, that— tution to manufacture, import, offer to the have gained initial lawful access to a copy- ‘‘(A) is primarily designed or produced for public, provide, or otherwise traffic in any righted work are, or are likely to be in the the purpose of circumventing protection af- technology, product, service, component, or succeeding 3-year period, adversely affected forded by a technological measure that effec- part thereof, which circumvents a techno- by the prohibition under subparagraph (A) in tively protects a right of a copyright owner logical measure. their ability to make noninfringing uses under this title in a work or a portion there- ‘‘(5) In order for a library or archives to under this title of a particular class of copy- of; qualify for the exemption under this sub- righted works. In conducting such rule- ‘‘(B) has only limited commercially signifi- section, the collections of that library or ar- making, the Secretary shall examine— cant purpose or use other than to cir- chives shall be— ‘‘(i) the availability for use of copyrighted cumvent protection afforded by a techno- ‘‘(A) open to the public; or works; logical measure that effectively protects a ‘‘(B) available not only to researchers af- ‘‘(ii) the availability for use of works for right of a copyright owner under this title in filiated with the library or archives or with nonprofit archival, preservation, and edu- a work or a portion thereof; or the institution of which it is a part, but also cational purposes; ‘‘(C) is marketed by that person or another to other persons doing research in a special- ‘‘(iii) the impact of the prohibition on the acting in concert with that person with that ized field. circumvention of technological measures ap- person’s knowledge for use in circumventing ‘‘(e) LAW ENFORCEMENT AND INTELLIGENCE plied to copyrighted works on criticism, protection afforded by a technological meas- ACTIVITIES.—This section does not prohibit comment, news reporting, teaching, scholar- ure that effectively protects a right of a any lawfully authorized investigative, pro- ship, or research; copyright owner under this title in a work or tective, or intelligence activity of an officer, ‘‘(iv) the effect of circumvention of techno- a portion thereof. agent, or employee of the United States, a logical measures on the market for or value ‘‘(2) As used in this subsection— State, or a political subdivision of a State, of copyrighted works; and ‘‘(A) to ‘circumvent protection afforded by or a person acting pursuant to a contract ‘‘(v) such other factors as the Secretary, in a technological measure’ means avoiding, with the United States, a State, or a politi- consultation with the Under Secretary of bypassing, removing, deactivating, or other- cal subdivision of a State. ‘‘(f) REVERSE ENGINEERING.—(1) Notwith- Commerce for Intellectual Property Policy, wise impairing a technological measure; and standing the provisions of subsection the Assistant Secretary of Commerce for ‘‘(B) a technological measure ‘effectively (a)(1)(A), a person who has lawfully obtained Communications and Information, and the protects a right of a copyright owner under the right to use a copy of a computer pro- Register of Copyrights, considers appro- this title’ if the measure, in the ordinary gram may circumvent a technological meas- priate. course of its operation, prevents, restricts, ‘‘(D) The Secretary shall publish any class or otherwise limits the exercise of a right of ure that effectively controls access to a par- of copyrighted works for which the Sec- a copyright owner under this title. ticular portion of that program for the sole retary has determined, pursuant to the rule- ‘‘(c) OTHER RIGHTS, ETC., NOT AFFECTED.— purpose of identifying and analyzing those making conducted under subparagraph (C), (1) Nothing in this section shall affect rights, elements of the program that are necessary that noninfringing uses by nonprofit librar- remedies, limitations, or defenses to copy- to achieve interoperability of an independ- ies, archives, or educational institutions and right infringement, including fair use, under ently created computer program with other other entities described in subparagraph (B) this title. programs, and that have not previously been or by persons who have gained initial lawful ‘‘(2) Nothing in this section shall enlarge readily available to the person engaging in access to a copyrighted work are, or are like- or diminish vicarious or contributory liabil- the circumvention, to the extent any such ly to be, adversely affected, and the prohibi- ity for copyright infringement in connection acts of identification and analysis do not tion contained in subparagraph (A) shall not with any technology, product, service, de- constitute infringement under this title. apply to such entities with respect to such vice, component, or part thereof. ‘‘(2) Notwithstanding the provisions of sub- class of works, or to such persons with re- ‘‘(3) Nothing in this section shall require sections (a)(2) and (b), a person may develop spect to such copyrighted work, for the ensu- that the design of, or design and selection of and employ technological means to cir- ing 3-year period. parts and components for, a consumer elec- cumvent a technological measure, or to cir- ‘‘(E) Neither the exception under subpara- tronics, telecommunications, or computing cumvent protection afforded by a techno- graph (B) from the applicability of the prohi- product provide for a response to any par- logical measure, in order for that person to bition contained in subparagraph (A), nor ticular technological measure. make the identification and analysis per- any determination made in a rulemaking ‘‘(4) Nothing in this section shall enlarge mitted under paragraph (1), or for the lim- conducted under subparagraph (C), may be or diminish any rights of free speech or the ited purpose of that person achieving inter- used as a defense in any action to enforce press for activities using consumer elec- operability of an independently created com- any provision of this title other than this tronics, telecommunications, or computing puter program with other programs, if such paragraph. products. means are necessary to achieve such inter- ‘‘(2) No person shall manufacture, import, ‘‘(d) EXEMPTION FOR NONPROFIT LIBRARIES, operability, to the extent that doing so does offer to the public, provide, or otherwise ARCHIVES, AND EDUCATIONAL INSTITUTIONS.— not constitute infringement under this title. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7077

‘‘(3) The information acquired through the ‘‘(B) provide the technological means to ‘‘(2) INAPPLICABILITY TO CERTAIN TECHNO- acts permitted under paragraph (1), and the another person with whom he or she is work- LOGICAL MEASURES.—This subsection does means permitted under paragraph (2), may ing collaboratively for the purpose of con- not apply to a technological measure, or a be made available to others if the person re- ducting the acts of good faith encryption re- work it protects, that does not collect or dis- ferred to in paragraphs (1) and (2) provides search described in paragraph (2) or for the seminate personally identifying information such information or means solely for the purpose of having that other person verify and that is disclosed to a user as not having purpose of achieving interoperability of an his or her acts of good faith encryption re- or using such capability. independently created computer program search described in paragraph (2). ‘‘§ 1202. Integrity of copyright management with other programs, and to the extent that ‘‘(5) REPORT TO CONGRESS.—Not later than 1 information doing so does not constitute infringement year after the date of the enactment of this ‘‘(a) FALSE COPYRIGHT MANAGEMENT INFOR- under this title or violate other applicable chapter, the Under Secretary of Commerce MATION.—No person shall knowingly and law. for Intellectual Property Policy, the Assist- with the intent to induce, enable, facilitate, ‘‘(4) For purposes of this subsection, the ant Secretary of Commerce for Communica- or conceal infringement— term ‘interoperability’ means the ability of tions and Information, and the Register of ‘‘(1) provide copyright management infor- computer programs to exchange informa- Copyrights shall jointly report to the Con- mation that is false, or tion, and of such programs mutually to use gress on the effect this subsection has had ‘‘(2) distribute or import for distribution the information which has been exchanged. on— copyright management information that is ‘‘(g) ENCRYPTION RESEARCH.— ‘‘(A) encryption research and the develop- false. ‘‘(1) DEFINITIONS.—For purposes of this sub- ment of encryption technology; ‘‘(b) REMOVAL OR ALTERATION OF COPY- section— ‘‘(B) the adequacy and effectiveness of RIGHT MANAGEMENT INFORMATION.—No per- ‘‘(A) the term ‘encryption research’ means technological measures designed to protect son shall, without the authority of the copy- activities necessary to identify and analyze copyrighted works; and right owner or the law— flaws and vulnerabilities of encryption tech- ‘‘(C) protection of copyright owners ‘‘(1) intentionally remove or alter any nologies applied to copyrighted works, if against the unauthorized access to their copyright management information, these activities are conducted to advance the encrypted copyrighted works. ‘‘(2) distribute or import for distribution state of knowledge in the field of encryption The report shall include legislative rec- copyright management information knowing technology or to assist in the development of ommendations, if any. that the copyright management information encryption products; and ‘‘(h) EXCPETIONS REGARDING MINORS.—(1) has been removed or altered without author- ‘‘(B) the term ‘encryption technology’ In applying subsection (a) to a component or ity of the copyright owner or the law, or means the scrambling and descrambling of part, the court may consider the necessity ‘‘(3) distribute, import for distribution, or information using mathematical formulas or for its intended and actual incorporation in publicly perform works, copies of works, or algorithms. a technology, product, service, or device, phonorecords, knowing that copyright man- ‘‘(2) PERMISSIBLE ACTS OF ENCRYPTION RE- which— agement information has been removed or SEARCH.—Notwithstanding the provisions of ‘‘(A) does not itself violate the provisions altered without authority of the copyright subsection (a)(1)(A), it is not a violation of of this title; and owner or the law, that subsection for a person to circumvent a ‘‘(B) has the sole purpose to prevent the ac- knowing, or, with respect to civil remedies technological measure as applied to a copy, cess of minors to material on the Internet. under section 1203, having reasonable phonorecord, performance, or display of a ‘‘(2) Notwithstanding the provisions of sub- grounds to know, that it will induce, enable, published work in the course of an act of section (a)(1)(A), it is not a violation of that facilitate, or conceal an infringement of any good faith encryption research if— subsection for a parent to circumvent a tech- right under this title. ‘‘(A) the person lawfully obtained the nological measure that effectively controls ‘‘(c) DEFINITION.—As used in this section, encrypted copy, phonorecord, performance, access to a test, examination, or other eval- the term ‘copyright management informa- or display of the published work; uation of his or her minor child’s abilities tion’ means any of the following information ‘‘(B) such act is necessary to conduct such that is given by a nonprofit educational in- conveyed in connection with copies or encryption research; stitution if— phonorecords of a work or performances or ‘‘(C) the person made a good faith effort to ‘‘(A) the parent made a good faith effort to displays of a work, including in digital form, obtain authorization before the circumven- obtain authorization before the circumven- except that such term does not include any tion; and tion; and personally identifying information about a ‘‘(D) such act does not constitute infringe- ‘‘(B) such act is necessary to obtain a copy user of a work or of a copy, phonorecord, per- ment under this title or a violation of appli- of such test, examination, or other evalua- formance, or display of a work: cable law other than this section, including tion. ‘‘(1) The title and other information identi- section 1030 of title 18 and those provisions of ‘‘(i) PROTECTION OF PERSONALLY IDENTIFY- fying the work, including the information title 18 amended by the Computer Fraud and ING INFORMATION.— set forth on a notice of copyright. Abuse Act of 1986. (1) CIRCUMVENTION PERMITTED.—Notwith- ‘‘(2) The name of, and other identifying in- ‘‘(3) FACTORS IN DETERMINING EXEMPTION.— standing the provisions of subsection formation about, the author of a work. In determining whether a person qualifies for (a)(1)(A), it is not a violation of that sub- ‘‘(3) The name of, and other identifying in- the exemption under paragraph (2), the fac- section for a person to circumvent a techno- formation about, the copyright owner of the tors to be considered shall include— logical measure that effectively controls ac- work, including the information set forth in ‘‘(A) whether the information derived from cess to a work protected under this title, if— a notice of copyright. the encryption research was disseminated, ‘‘(A) the technological measure, or the ‘‘(4) With the exception of public perform- and if so, whether it was disseminated in a work it protects, contains the capability of ances of works by radio and television broad- manner reasonably calculated to advance the collecting or disseminating personally iden- cast stations, the name of, and other identi- state of knowledge or development of tifying information reflecting the online ac- fying information about, a performer whose encryption technology, versus whether it tivities of a natural person who seeks to gain performance is fixed in a work other than an was disseminated in a manner that facili- access to the work protected; audiovisual work. tates infringement under this title or a vio- ‘‘(B) in the normal course of its operation, ‘‘(5) With the exception of public perform- lation of applicable law other than this sec- the technological measure, or the work it ances of works by radio and television broad- tion, including a violation of privacy or protects, collects or disseminates personally cast stations, in the case of an audiovisual breach of security; identifying information about the person work, the name of, and other identifying in- ‘‘(B) whether the person is engaged in a le- who seeks to gain access to the work pro- formation about, a writer, performer, or di- gitimate course of study, is employed, or is tected, without providing conspicuous notice rector who is credited in the audiovisual appropriately trained or experienced, in the of such collection or dissemination to such work. field of encryption technology; and person, and without providing such person ‘‘(6) Terms and conditions for use of the ‘‘(C) whether the person provides the copy- with the capability to prevent or restrict work. right owner of the work to which the techno- such collection or dissemination; ‘‘(7) Identifying numbers or symbols refer- logical measure is applied with notice of the ‘‘(C) the act of circumvention has the sole ring to such information or links to such in- findings and documentation of the research, effect of identifying and disabling the capa- formation. and the time when such notice is provided. bility described in subparagraph (A), and has ‘‘(8) Such other information as the Reg- ‘‘(4) USE OF TECHNOLOGICAL MEANS FOR RE- no other effect on the ability of any person ister of Copyrights may prescribe by regula- SEARCH ACTIVITIES.—Notwithstanding the to gain access to any work; and tion, except that the Register of Copyrights provisions of subsection (a)(2), it is not a vio- ‘‘(D) the act of circumvention is carried may not require the provision of any infor- lation of that subsection for a person to— out solely for the purpose of preventing the mation concerning the user of a copyrighted ‘‘(A) develop and employ technological collection or dissemination of personally work. means to circumvent a technological meas- identifying information about a natural per- ‘‘(d) LAW ENFORCEMENT AND INTELLIGENCE ure for the sole purpose of that person per- son who seeks to gain access to the work ACTIVITIES.—This section does not prohibit forming the acts of good faith encryption re- protected, and is not in violation of any any lawfully authorized investigative, pro- search described in paragraph (2); and other law. tective, or intelligence activity of an officer, H7078 CONGRESSIONAL RECORD — HOUSE August 4, 1998 agent, or employee of the United States, a ‘‘§ 1203. Civil remedies tution, the court shall remit damages in any State, or a political subdivision of a State, ‘‘(a) CIVIL ACTIONS.—Any person injured by case in which the library, archives, or edu- or a person acting pursuant to a contract a violation of section 1201 or 1202 may bring cational institution sustains the burden of with the United States, a State, or a politi- a civil action in an appropriate United proving, and the court finds, that the li- cal subdivision of a State. States district court for such violation. brary, archives, or educational institution ‘‘(b) POWERS OF THE COURT.—In an action was not aware and had no reason to believe ‘‘(e) LIMITATIONS ON LIABILITY.— brought under subsection (a), the court— that its acts constituted a violation. ‘‘(1) ANALOG TRANSMISSIONS.—In the case of ‘‘(1) may grant temporary and permanent ‘‘§ 1204. Criminal offenses and penalties an analog transmission, a person who is injunctions on such terms as it deems rea- ‘‘(a) IN GENERAL.—Any person who violates making transmissions in its capacity as a sonable to prevent or restrain a violation, section 1201 or 1202 willfully and for purposes broadcast station, or as a cable system, or but in no event shall impose a prior restraint of commercial advantage or private financial someone who provides programming to such on free speech or the press protected under gain— station or system, shall not be liable for a the 1st amendment to the Constitution; ‘‘(1) shall be fined not more than $500,000 or violation of subsection (b) if— ‘‘(2) at any time while an action is pending, imprisoned for not more than 5 years, or ‘‘(A) avoiding the activity that constitutes may order the impounding, on such terms as both, for the first offense; and such violation is not technically feasible or it deems reasonable, of any device or product ‘‘(2) shall be fined not more than $1,000,000 would create an undue financial hardship on that is in the custody or control of the al- or imprisoned for not more than 10 years, or such person; and leged violator and that the court has reason- both, for any subsequent offense. ‘‘(B) such person did not intend, by engag- able cause to believe was involved in a viola- ‘‘(b) LIMITATION FOR NONPROFIT LIBRARY, ing in such activity, to induce, enable, facili- tion; ARCHIVES, OR EDUCATIONAL INSTITUTION.— tate, or conceal infringement of a right ‘‘(3) may award damages under subsection Subsection (a) shall not apply to a nonprofit under this title. (c); library, archives, or educational institution. ‘‘(2) DIGITAL TRANSMISSIONS.— ‘‘(4) in its discretion may allow the recov- ‘‘(c) STATUTE OF LIMITATIONS.—No criminal ‘‘(A) If a digital transmission standard for ery of costs by or against any party other proceeding shall be brought under this sec- the placement of copyright management in- than the United States or an officer thereof; tion unless such proceeding is commenced formation for a category of works is set in a ‘‘(5) in its discretion may award reasonable within five years after the cause of action voluntary, consensus standard-setting proc- attorney’s fees to the prevailing party; and arose. ess involving a representative cross-section ‘‘(6) may, as part of a final judgment or de- ‘‘§ 1205. Savings clause of broadcast stations or cable systems and cree finding a violation, order the remedial ‘‘Nothing in this chapter abrogates, dimin- copyright owners of a category of works that modification or the destruction of any device ishes, or weakens the provisions of, nor pro- are intended for public performance by such or product involved in the violation that is vides any defense or element of mitigation in stations or systems, a person identified in in the custody or control of the violator or a criminal prosecution or civil action under, paragraph (1) shall not be liable for a viola- has been impounded under paragraph (2). any Federal or State law that prevents the tion of subsection (b) with respect to the par- ‘‘(c) AWARD OF DAMAGES.— violation of the privacy of an individual in ticular copyright management information ‘‘(1) IN GENERAL.—Except as otherwise pro- connection with the individual’s use of the addressed by such standard if— vided in this title, a person committing a Internet.’’. ‘‘(i) the placement of such information by violation of section 1201 or 1202 is liable for (b) CONFORMING AMENDMENT.—The table of someone other than such person is not in ac- either— chapters for title 17, United States Code, is cordance with such standard; and ‘‘(A) the actual damages and any addi- amended by adding after the item relating to ‘‘(ii) the activity that constitutes such vio- tional profits of the violator, as provided in chapter 11 the following: lation is not intended to induce, enable, fa- paragraph (2), or ‘‘12. Copyright Protection and Man- cilitate, or conceal infringement of a right ‘‘(B) statutory damages, as provided in agement Systems ...... 1201’’. under this title. paragraph (3). SEC. 104. DEVELOPMENT AND IMPLEMENTATION ‘‘(B) Until a digital transmission standard ‘‘(2) ACTUAL DAMAGES.—The court shall OF TECHNOLOGICAL PROTECTION has been set pursuant to subparagraph (A) award to the complaining party the actual MEASURES. with respect to the placement of copyright damages suffered by the party as a result of (a) STATEMENT OF CONGRESSIONAL POLICY management information for a category or the violation, and any profits of the violator AND OBJECTIVE.—It is the sense of the Con- works, a person identified in paragraph (1) that are attributable to the violation and are gress that technological measures that effec- shall not be liable for a violation of sub- not taken into account in computing the ac- tively control access to works protected section (b) with respect to such copyright tual damages, if the complaining party under title 17, United States Code, or that ef- management information, if the activity elects such damages at any time before final fectively protect a right of a copyright that constitutes such violation is not in- judgment is entered. owner under such title play a crucial role in tended to induce, enable, facilitate, or con- ‘‘(3) STATUTORY DAMAGES.—(A) At any time safeguarding the interests of both copyright ceal infringement of a right under this title, before final judgment is entered, a complain- owners and lawful users of copyrighted and if— ing party may elect to recover an award of works in digital formats, by facilitating law- ‘‘(i) the transmission of such information statutory damages for each violation of sec- ful uses of such works while protecting the by such person would result in a perceptible tion 1201 in the sum of not less than $200 or private property interests of holders of visual or aural degradation of the digital sig- more than $2,500 per act of circumvention, rights under title 17, United States Code. Ac- nal; or device, product, component, offer, or per- cordingly, the expeditious implementation of ‘‘(ii) the transmission of such information formance of service, as the court considers such measures, developed by the private sec- by such person would conflict with— just. tor is a key factor in realizing the full bene- ‘‘(I) an applicable government regulation ‘‘(B) At any time before final judgment is fits of making available copyrighted works relating to transmission of information in a entered, a complaining party may elect to through digital networks, including the ben- digital signal; recover an award of statutory damages for efits set forth in this section. ‘‘(II) an applicable industry-wide standard each violation of section 1202 in the sum of (b) TECHNOLOGICAL MEASURES.—The tech- relating to the transmission of information not less than $2,500 or more than $25,000. nological measures referred to in subsection in a digital signal that was adopted by a vol- ‘‘(4) REPEATED VIOLATIONS.—In any case in (a) shall include, but not be limited to, those untary consensus standards body prior to the which the injured party sustains the burden which— effective date of this chapter; or of proving, and the court finds, that a person (1) enable nonprofit libraries, for nonprofit ‘‘(III) an applicable industry-wide standard has violated section 1201 or 1202 within three purposes, to continue to lend to library users relating to the transmission of information years after a final judgment was entered copies or phonorecords that such libraries in a digital signal that was adopted in a vol- against the person for another such viola- have lawfully acquired, including the lending untary, consensus standards-setting process tion, the court may increase the award of of such copies or phonorecords in digital for- open to participation by a representative damages up to triple the amount that would mats in a manner that prevents infringe- cross-section of broadcast stations or cable otherwise be awarded, as the court considers ment; systems and copyright owners of a category just. (2) effectively protect against the infringe- of works that are intended for public per- ‘‘(5) INNOCENT VIOLATIONS.— ment of exclusive rights under title 17, formance by such stations or systems. ‘‘(A) IN GENERAL.—The court in its discre- United States Code, and facilitate the exer- ‘‘(3) DEFINITIONS.—As used in this sub- tion may reduce or remit the total award of cise of those exclusive rights; and section— damages in any case in which the violator (3) promote the development and imple- ‘‘(A) the term ‘broadcast station’ has the sustains the burden of proving, and the court mentation of diverse methods, mechanisms, meaning given that term in section 3 of the finds, that the violator was not aware and and arrangements in the marketplace for Communications Act of 1934 (47 U.S.C. 153)); had no reason to believe that its acts con- making available copyrighted works in digi- and stituted a violation. tal formats which provide opportunities for ‘‘(B) the term ‘cable system’ has the mean- ‘‘(B) NONPROFIT LIBRARY, ARCHIVES, OR EDU- individual members of the public to make ing given that term in section 602 of the CATIONAL INSTITUTIONS.—In the case of a non- lawful uses of copyrighted works in digital Communications Act of 1934 (47 U.S.C. 522)). profit library, archives, or educational insti- formats. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7079

(c) PROCEDURES FOR DEVELOPING AND IM- (3) The first report under this subsection TITLE II—ONLINE COPYRIGHT PLEMENTING TECHNOLOGICAL MEASURES.—The shall be submitted not later than one year INFRINGEMENT LIABILITY LIMITATION technological measures whose development after the date of the enactment of this Act, SEC. 201. SHORT TITLE. and implementation the Congress antici- and the last such report shall be submitted This title may be cited as the ‘‘Online pates include, but are not limited to, those not later than three years after the date of Copyright Infringement Liability Limitation which— the enactment of this Act. Act’’. (1) are developed pursuant to a broad con- (4) The reports under this subsection may sensus in an open, fair, voluntary, and multi- include such recommendations for additional SEC. 202. LIMITATIONS ON LIABILITY FOR COPY- industry process; legislative action as the Under Secretary of RIGHT INFRINGEMENT. (2) are made available on reasonable and Commerce for Intellectual Property Policy, (a) IN GENERAL.—Chapter 5 of title 17, nondiscriminatory terms; and the Assistant Secretary of Commerce for United States Code, is amended by adding (3) do not impose substantial costs or bur- Communications and Information, and the after section 511 the following new section: dens on copyright owners or on manufactur- Register of Copyrights consider advisable in ‘‘§ 512. Limitations on liability relating to ma- ers of hardware or software used in conjunc- order to further the objectives of this sec- terial online tion. tion with copyrighted works in digital for- ‘‘(a) TRANSITORY DIGITAL NETWORK COMMU- SEC. 105. EVALUATION OF IMPACT OF COPY- mats. NICATIONS.—A service provider shall not be (d) OVERSIGHT AND REPORTING.—(1) The RIGHT LAW AND AMENDMENTS ON ELECTRONIC COMMERCE AND TECH- liable for monetary relief, or, except as pro- Under Secretary of Commerce for Intellec- vided in subsection (i), for injunctive or tual Property Policy, the Assistant Sec- NOLOGICAL DEVELOPMENT. (a) EVALUATION BY UNDER SECRETARY OF other equitable relief, for infringement of retary of Commerce for Communications and COMMERCE AND REGISTER OF COPYRIGHTS.— copyright by reason of the provider’s trans- Information, and the Register of Copyrights The Under Secretary of Commerce for Intel- mitting, routing, or providing connections shall jointly review the impact of the enact- lectual Property Policy, the Assistant Sec- for, material through a system or network ment of section 1201 of title 17, United States retary of Commerce for Communications and controlled or operated by or for the service Code, on the access of individual users to Information, and the Register of Copyrights provider, or by reason of the intermediate copyrighted works in digital formats and shall jointly evaluate— and transient storage of that material in the shall jointly report annually thereon to the course of such transmitting, routing, or pro- Committees on the Judiciary and on Com- (1) the effects of the amendments made by viding connections, if— merce of the House of Representatives and this title and the development of electronic the Committees on the Judiciary and on commerce and associated technology on the ‘‘(1) the transmission of the material was Commerce, Science, and Transportation of operation of sections 109 and 117 of title 17, initiated by or at the direction of a person the Senate. United States Code; and other than the service provider; (2) Each report under paragraph (1) shall (2) the relationship between existing and ‘‘(2) the transmission, routing, provision of address the following issues: emergent technology and the operation of connections, or storage is carried out (A) The status of the development and im- sections 109 and 117 of title 17, United States through an automatic technical process plementation of technological measures de- Code. without selection of the material by the scribed in this section, including measures (c) REPORT TO CONGRESS.—The Under Sec- service provider; that advance the objectives of this section, retary of Commerce for Intellectual Prop- ‘‘(3) the service provider does not select the and the effectiveness of such technological erty Policy, the Assistant Secretary of Com- recipients of the material except as an auto- measures in protecting the private property merce for Communications and Information, matic response to the request of another per- interests of copyright owners under title 17, and the Register of Copyrights shall, not son; later than 24 months after the date of the en- United States Code. ‘‘(4) no copy of the material made by the actment of this Act, submit to the Congress (B) The degree to which individual lawful service provider in the course of such inter- a joint report on the evaluation conducted users of copyrighted works— mediate or transient storage is maintained under subsection (b), including any legisla- (i) have access to the Internet and digital on the system or network in a manner ordi- tive recommendations the Under Secretary, networks generally; narily accessible to anyone other than an- the Assistant Secretary, and the Register ticipated recipients, and no such copy is (ii) are dependent upon such access for may have. their use of copyrighted works; maintained on the system or network in a SEC. 106. EFFECTIVE DATE. (iii) have available to them other channels manner ordinarily accessible to such antici- (a) IN GENERAL.—Subject to subsection (b), for obtaining and using copyrighted works, pated recipients for a longer period than is this title and the amendments made by this reasonably necessary for the transmission, other than the Internet and digital networks title shall take effect on the date of the en- generally; routing, or provision of connections; and actment of this Act. ‘‘(5) the material is transmitted through (iv) are required to pay copyright owners (b) AMENDMENTS RELATING TO CERTAIN the system or network without modification or intermediaries for each lawful use of INTERNATIONAL AGREEMENTS.—(1) The follow- of its content. copyrighted works in digital formats to ing shall take effect upon the entry into ‘‘(b) SYSTEM CACHING.— which they have access; and force of the WIPO Copyright Treaty with re- (v) are able to utilize nonprofit libraries to spect to the United States: ‘‘(1) LIMITATION ON LIABILITY.—A service obtain access, through borrowing without (A) Paragraph (5) of the definition of provider shall not be liable for monetary re- payment by the user, to copyrighted works ‘‘international agreement’’ contained in sec- lief, or, except as provided in subsection (i), in digital formats. tion 101 of title 17, United States Code, as for injunctive or other equitable relief, for (C) The degree to which infringement of amended by section 102(a)(4) of this Act. infringement of copyright by reason of the copyrighted works in digital formats is oc- (B) The amendment made by section intermediate and temporary storage of ma- curring. 102(a)(6) of this Act. terial on a system or network controlled or (D) Whether and the extent to which sec- (C) Subparagraph (C) of section 104A(h)(1) operated by or for the service provider in a tion 1201 of title 17, United States Code, is of title 17, United States Code, as amended case in which— asserted as a basis for liability in claims by section 102(c)(1) of this Act. ‘‘(A) the material is made available online brought against persons conducting research (D) Subparagraph (C) of section 104A(h)(3) by a person other than the service provider, and development, including reverse engineer- of title 17, United States Code, as amended ‘‘(B) the material is transmitted from the ing of copyrighted works, and the extent to by section 102(c)(2) of this Act. person described in subparagraph (A) which such claims constitute a serious im- (2) The following shall take effect upon the through the system or network to a person pediment to the development and production entry into force of the WIPO Performances other than the person described in subpara- of competitive goods and services. and Phonograms Treaty with respect to the graph (A) at the direction of that other per- (E) The degree to which individual users of United States: son, and copyrighted materials in digital formats are (A) Paragraph (6) of the definition of ‘‘(C) the storage is carried out through an able effectively to protect themselves ‘‘international agreement’’ contained in sec- automatic technical process for the purpose against the use of technological measures to tion 101 of title 17, United States Code, as of making the material available to users of carry out or facilitate the undisclosed collec- amended by section 102(a)(4) of this Act. the system or network who, after the mate- tion and dissemination of personally identi- (B) The amendment made by section rial is transmitted as described in subpara- fying information concerning the access to 102(a)(7) of this Act. graph (B), request access to the material and use of such materials by such users. (C) The amendment made by section from the person described in subparagraph (F) Such other issues as the Under Sec- 102(b)(2) of this Act. (A), retary of Commerce for Intellectual Prop- (D) Subparagraph (D) of section 104A(h)(1) if the conditions set forth in paragraph (2) erty Policy, the Assistant Secretary of Com- of title 17, United States Code, as amended are met. merce for Communications and Information, by section 102(c)(1) of this Act. (2) CONDITIONS.—The conditions referred to and the Register of Copyrights identify as (E) Subparagraph (D) of section 104A(h)(3) in paragraph (1) are that— relevant to the impact of the enactment of of title 17, United States Code, as amended ‘‘(A) the material described in paragraph section 1201 of title 17, United States Code, by section 102(c)(2) of this Act. (1) is transmitted to the subsequent users de- on the access of individual users to copy- (F) The amendments made by section scribed in paragraph (1)(C) without modifica- righted works in digital formats. 102(c)(3) of this Act. tion to its content from the manner in which H7080 CONGRESSIONAL RECORD — HOUSE August 4, 1998 the material was transmitted from the per- material on the system or network is in- authorized by the copyright owner, its agent, son described in paragraph (1)(A); fringing; or the law. ‘‘(B) the service provider described in para- ‘‘(ii) in the absence of such actual knowl- ‘‘(vi) A statement that the information in graph (1) complies with rules concerning the edge, is not aware of facts or circumstances the notification is accurate, and under pen- refreshing, reloading, or other updating of from which infringing activity is apparent; alty of perjury, that the complaining party the material when specified by the person or is authorized to act on behalf of the owner of making the material available online in ac- ‘‘(iii) upon obtaining such knowledge or an exclusive right that is allegedly infringed. cordance with a generally accepted industry awareness, acts expeditiously to remove, or ‘‘(B)(i) Subject to clause (ii), a notification standard data communications protocol for disable access to, the material; from a copyright owner or from a person au- the system or network through which that ‘‘(B) does not receive a financial benefit di- thorized to act on behalf of the copyright person makes the material available, except rectly attributable to the infringing activ- owner that fails to comply substantially that this subparagraph applies only if those ity, in a case in which the service provider with the provisions of subparagraph (A) shall rules are not used by the person described in has the right and ability to control such ac- not be considered under paragraph (1)(A) in paragraph (1)(A) to prevent or unreasonably tivity; and determining whether a service provider has impair the intermediate storage to which ‘‘(C) upon notification of claimed infringe- actual knowledge or is aware of facts or cir- this subsection applies; ment as described in paragraph (4), responds cumstances from which infringing activity is ‘‘(C) the service provider does not interfere expeditiously to remove, or disable access to, apparent. with the ability of technology associated the material that is claimed to be infringing ‘‘(ii) In a case in which the notification with the material to return to the person de- or to be the subject of infringing activity. that is provided to the service provider’s des- scribed in paragraph (1)(A) the information ‘‘(2) LIMITATION ON LIABILITY OF NONPROFIT ignated agent fails to comply substantially that would have been available to that per- EDUCATIONAL INSTITUTIONS.—A nonprofit edu- with all the provisions of subparagraph (A) son if the material had been obtained by the cational institution that is a service pro- but substantially complies with clauses (ii), subsequent users described in paragraph vider shall not be liable for monetary relief, (iii), and (iv) of subparagraph (A), clause (i) (1)(C) directly from that person, except that or, except as provided in subsection (i), for of this subparagraph applies only if the serv- this subparagraph applies only if that tech- injunctive or other equitable relief, by rea- ice provider promptly attempts to contact nology— son of the acts or omissions of a faculty the person making the notification or takes ‘‘(i) does not significantly interfere with member, administrative employee, student, other reasonable steps to assist in the re- the performance of the provider’s system or or graduate student, unless such faculty ceipt of notification that substantially com- network or with the intermediate storage of member, administrative employee, student, plies with all the provisions of subparagraph the material; or graduate student is exercising managerial (A). ‘‘(ii) is consistent with generally accepted or operational responsibilities that directly ‘‘(d) INFORMATION LOCATION TOOLS.—A industry standard communications proto- relate to the institution’s function as a serv- service provider shall not be liable for mone- cols; and ice provider. tary relief, or, except as provided in sub- ‘‘(iii) does not extract information from ‘‘(3) DESIGNATED AGENT.—The limitations section (i), for injunctive or other equitable the provider’s system or network other than on liability established in this subsection relief, for infringement of copyright by rea- the information that would have been avail- apply to a service provider only if the service son of the provider referring or linking users able to the person described in paragraph provider has designated an agent to receive to an online location containing infringing (1)(A) if the subsequent users had gained ac- notifications of claimed infringement de- material or infringing activity, by using in- cess to the material directly from that per- scribed in paragraph (4), by making available formation location tools, including a direc- son; through its service, including on its website tory, index, reference, pointer, or hypertext ‘‘(D) if the person described in paragraph in a location accessible to the public, and by link, if the service provider— (1)(A) has in effect a condition that a person providing to the Copyright Office, substan- ‘‘(1)(A) does not have actual knowledge must meet prior to having access to the ma- tially the following information: that the material or activity is infringing; terial, such as a condition based on payment ‘‘(A) the name, address, phone number, and ‘‘(B) in the absence of such actual knowl- of a fee or provision of a password or other electronic mail address of the agent. edge, is not aware of facts or circumstances information, the service provider permits ac- ‘‘(B) other contact information which the from which infringing activity is apparent; cess to the stored material in significant Register of Copyrights may deem appro- or part only to users of its system or network priate. ‘‘(C) upon obtaining such knowledge or that have met those conditions and only in The Register of Copyrights shall maintain a awareness, acts expeditiously to remove, or accordance with those conditions; and current directory of agents available to the disable access to, the material; ‘‘(E) if the person described in paragraph public for inspection, including through the ‘‘(2) does not receive a financial benefit di- (1)(A) makes that material available online Internet, in both electronic and hard copy rectly attributable to the infringing activ- without the authorization of the copyright formats, and may require payment of a fee ity, in a case in which the service provider owner of the material, the service provider by service providers to cover the costs of has the right and ability to control such ac- responds expeditiously to remove, or disable maintaining the directory. tivity; and access to, the material that is claimed to be ‘‘(4) ELEMENTS OF NOTIFICATION.— ‘‘(3) upon notification of claimed infringe- infringing upon notification of claimed in- ‘‘(A) To be effective under this subsection, ment as described in subsection (c)(4), re- fringement as described in subsection (c)(3), a notification of claimed infringement must sponds expeditiously to remove, or disable except that this subparagraph applies only be a written communication provided to the access to, the material that is claimed to be if— designated agent of a service provider that infringing or to be the subject of infringing ‘‘(i) the material has previously been re- includes substantially the following: activity, except that, for purposes of this moved from the originating site or access to ‘‘(i) A physical or electronic signature of a paragraph, the information described in sub- it has been disabled, or a court has ordered person authorized to act on behalf of the section (c)(4)(A)(iii) shall be identification of that the material be removed from the origi- owner of an exclusive right that is allegedly the reference or link, to material or activity nating site or that access to the material on infringed. claimed to be infringing, that is to be re- the originating site be disabled; and ‘‘(ii) Identification of the copyrighted work moved or access to which is to be disabled, ‘‘(ii) the party giving the notification in- claimed to have been infringed, or, if mul- and information reasonably sufficient to per- cludes in the notification a statement con- tiple copyrighted works at a single online mit the service provider to locate that ref- firming that the material has been removed site are covered by a single notification, a erence or link. from the originating site or access to it has representative list of such works at that ‘‘(e) MISREPRESENTATIONS.—Any person been disabled or that a court has ordered site. who knowingly materially misrepresents that the material be removed from the origi- ‘‘(iii) Identification of the material that is under this section— nating site or that access to the material on claimed to be infringing or to be the subject ‘‘(1) that material or activity is infringing, the originating site be disabled. of infringing activity and that is to be re- or ‘‘(c) INFORMATION RESIDING ON SYSTEMS OR moved or access to which is to be disabled, ‘‘(2) that material or activity was removed NETWORKS AT DIRECTION OF USERS.— and information reasonably sufficient to per- or disabled by mistake or misidentification, ‘‘(1) IN GENERAL.—A service provider shall mit the service provider to locate the mate- shall be liable for any damages, including not be liable for monetary relief, or, except rial. costs and attorneys’ fees, incurred by the al- as provided in subsection (i), for injunctive ‘‘(iv) Information reasonably sufficient to leged infringer, by any copyright owner or or other equitable relief, for infringement of permit the service provider to contact the copyright owner’s authorized licensee, or by copyright by reason of the storage at the di- complaining party, such as an address, tele- a service provider, who is injured by such rection of a user of material that resides on phone number, and, if available, an elec- misrepresentation, as the result of the serv- a system or network controlled or operated tronic mail address at which the complain- ice provider relying upon such misrepresen- by or for the service provider, if the service ing party may be contacted. tation in removing or disabling access to the provider— ‘‘(v) A statement that the complaining material or activity claimed to be infring- ‘‘(A)(i) does not have actual knowledge party has a good faith belief that use of the ing, or in replacing the removed material or that the material or an activity using the material in the manner complained of is not ceasing to disable access to it. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7081

‘‘(f) REPLACEMENT OF REMOVED OR DIS- ‘‘(2) CONTENTS OF REQUEST.—The request section (a), the court may grant injunctive ABLED MATERIAL AND LIMITATION ON OTHER may be made by filing with the clerk— relief with respect to a service provider only LIABILITY.— ‘‘(A) a copy of a notification described in in one or more of the following forms: ‘‘(1) NO LIABILITY FOR TAKING DOWN GEN- subsection (c)(4)(A); ‘‘(i) An order restraining the service pro- ERALLY.—Subject to paragraph (2), a service ‘‘(B) a proposed subpoena; and vider from providing access to infringing ma- provider shall not be liable to any person for ‘‘(C) a sworn declaration to the effect that terial or activity residing at a particular on- any claim based on the service provider’s the purpose for which the subpoena is sought line site on the provider’s system or net- good faith disabling of access to, or removal is to obtain the identity of an alleged in- work. of, material or activity claimed to be in- fringer and that such information will only ‘‘(ii) An order restraining the service pro- fringing or based on facts or circumstances be used for the purpose of protecting rights vider from providing access to a subscriber from which infringing activity is apparent, under this title. or account holder of the service provider’s regardless of whether the material or activ- ‘‘(3) CONTENTS OF SUBPOENA.—The subpoena system or network who is engaging in in- ity is ultimately determined to be infring- shall authorize and order the service pro- fringing activity and is identified in the ing. vider receiving the notification and the sub- order, by terminating the accounts of the ‘‘(2) EXCEPTION.—Paragraph (1) shall not poena to expeditiously disclose to the copy- subscriber or account holder that are speci- apply with respect to material residing at right owner or person authorized by the fied in the order. the direction of a subscriber of the service copyright owner information sufficient to ‘‘(iii) Such other injunctive relief as the provider on a system or network controlled identify the alleged infringer of the material court may consider necessary to prevent or or operated by or for the service provider described in the notification to the extent restrain infringement of copyrighted mate- that is removed, or to which access is dis- such information is available to the service rial specified in the order of the court at a abled by the service provider, pursuant to a provider. particular online location, if such relief is notice provided under subsection (c)(1)(C), ‘‘(4) BASIS FOR GRANTING SUBPOENA.—If the the least burdensome to the service provider unless the service provider— notification filed satisfies the provisions of among the forms of relief comparably effec- ‘‘(A) takes reasonable steps promptly to subsection (c)(4)(A), the proposed subpoena is tive for that purpose. notify the subscriber that it has removed or in proper form, and the accompanying dec- ‘‘(B) If the service provider qualifies for disabled access to the material; laration is properly executed, the clerk shall the limitation on remedies described in sub- ‘‘(B) upon receipt of a counter notification expeditiously issue and sign the proposed section (a), the court may only grant injunc- described in paragraph (3), promptly provides subpoena and return it to the requester for tive relief in one or both of the following the person who provided the notification delivery to the service provider. forms: under subsection (c)(1)(C) with a copy of the ‘‘(5) ACTIONS OF SERVICE PROVIDER RECEIV- ‘‘(i) An order restraining the service pro- counter notification, and informs that per- ING SUBPOENA.—Upon receipt of the issued vider from providing access to a subscriber son that it will replace the removed material subpoena, either accompanying or subse- or account holder of the service provider’s or cease disabling access to it in 10 business quent to the receipt of a notification de- system or network who is using the provid- days; and scribed in subsection (c)(4)(A), the service er’s service to engage in infringing activity ‘‘(C) replaces the removed material and provider shall expeditiously disclose to the and is identified in the order, by terminating ceases disabling access to it not less than 10, copyright owner or person authorized by the the accounts of the subscriber or account nor more than 14, business days following re- copyright owner the information required by holder that are specified in the order. ceipt of the counter notice, unless its des- the subpoena, notwithstanding any other ‘‘(ii) An order restraining the service pro- ignated agent first receives notice from the provision of law and regardless of whether vider from providing access, by taking rea- person who submitted the notification under the service provider responds to the notifica- sonable steps specified in the order to block subsection (c)(1)(C) that such person has tion. access, to a specific, identified, online loca- filed an action seeking a court order to re- ‘‘(6) RULES APPLICABLE TO SUBPOENA.—Un- tion outside the United States. strain the subscriber from engaging in in- less otherwise provided by this section or by ‘‘(2) CONSIDERATIONS.—The court, in con- fringing activity relating to the material on applicable rules of the court, the procedure sidering the relevant criteria for injunctive the service provider’s system or network. for issuance and delivery of the subpoena, relief under applicable law, shall consider— ‘‘(3) CONTENTS OF COUNTER NOTIFICATION.— and the remedies for noncompliance with the ‘‘(A) whether such an injunction, either To be effective under this subsection, a subpoena, shall be governed to the greatest alone or in combination with other such in- counter notification must be a written com- extent practicable by those provisions of the junctions issued against the same service munication provided to the service provid- Federal Rules of Civil Procedure governing provider under this subsection, would signifi- er’s designated agent that includes substan- the issuance, service, and enforcement of a cantly burden either the provider or the op- tially the following: subpoena duces tecum. eration of the provider’s system or network; ‘‘(A) A physical or electronic signature of ‘‘(h) CONDITIONS FOR ELIGIBILITY.— ‘‘(B) the magnitude of the harm likely to the subscriber. ‘‘(1) ACCOMMODATION OF TECHNOLOGY.—The be suffered by the copyright owner in the ‘‘(B) Identification of the material that has limitations on liability established by this digital network environment if steps are not been removed or to which access has been section shall apply to a service provider only taken to prevent or restrain the infringe- disabled and the location at which the mate- if the service provider— ment; rial appeared before it was removed or access ‘‘(A) has adopted and reasonably imple- ‘‘(C) whether implementation of such an to it was disabled. mented, and informs subscribers and account injunction would be technically feasible and ‘‘(C) A statement under penalty of perjury holders of the service provider’s system or effective, and would not interfere with access that the subscriber has a good faith belief network of, a policy that provides for the to noninfringing material at other online lo- that the material was removed or disabled as termination in appropriate circumstances of cations; and a result of mistake or misidentification of subscribers and account holders of the serv- ‘‘(D) whether other less burdensome and the material to be removed or disabled. ice provider’s system or network who are re- comparably effective means of preventing or ‘‘(D) The subscriber’s name, address, and peat infringers; and restraining access to the infringing material telephone number, and a statement that the ‘‘(B) accommodates and does not interfere are available. subscriber consents to the jurisdiction of with standard technical measures. ‘‘(3) NOTICE AND EX PARTE ORDERS.—Injunc- Federal District Court for the judicial dis- ‘‘(2) DEFINITION.—As used in this sub- tive relief under this subsection shall be trict in which the address is located, or if the section, the term ‘standard technical meas- available only after notice to the service subscriber’s address is outside of the United ures’ means technical measures that are provider and an opportunity for the service States, for any judicial district in which the used by copyright owners to identify or pro- provider to appear are provided, except for service provider may be found, and that the tect copyrighted works and— orders ensuring the preservation of evidence subscriber will accept service of process from ‘‘(A) have been developed pursuant to a or other orders having no material adverse the person who provided notification under broad consensus of copyright owners and effect on the operation of the service provid- subsection (c)(1)(C) or an agent of such per- service providers in an open, fair, voluntary, er’s communications network. son. multi-industry standards process; ‘‘(4) LIMITATION ON OTHER LIABILITY.—A ‘‘(B) are available to any person on reason- ‘‘(j) DEFINITIONS.— service provider’s compliance with para- able and nondiscriminatory terms; and ‘‘(1) SERVICE PROVIDER.—(A) As used in sub- graph (2) shall not subject the service pro- ‘‘(C) do not impose substantial costs on section (a), the term ‘service provider’ means vider to liability for copyright infringement service providers or substantial burdens on an entity offering the transmission, routing, with respect to the material identified in the their systems or networks. or providing of connections for digital online notice provided under subsection (c)(1)(C). ‘‘(i) INJUNCTIONS.—The following rules communications, between or among points ‘‘(g) SUBPOENA TO IDENTIFY INFRINGER.— shall apply in the case of any application for specified by a user, of material of the user’s ‘‘(1) REQUEST.—A copyright owner or a per- an injunction under section 502 against a choosing, without modification to the con- son authorized to act on the owner’s behalf service provider that is not subject to mone- tent of the material as sent or received. may request the clerk of any United States tary remedies under this section: ‘‘(B) As used in this section, other than district court to issue a subpoena to a serv- ‘‘(1) SCOPE OF RELIEF.—(A) With respect to subsection (a), the term ‘service provider’ ice provider for identification of an alleged conduct other than that which qualifies for means a provider of online services or net- infringer in accordance with this subsection. the limitation on remedies set forth in sub- work access, or the operator of facilities H7082 CONGRESSIONAL RECORD — HOUSE August 4, 1998 therefor, and includes an entity described in machine to be activated, such program or available for all expenses of the Office of the subparagraph (A). part thereof is not accessed or used other Under Secretary of Commerce for Intellec- ‘‘(2) MONETARY RELIEF.—As used in this than to make such new copy by virtue of the tual Property Policy, subject to prior ap- section, the term ‘monetary relief’ means activation of the machine. proval in appropriations Acts. Amounts damages, costs, attorneys’ fees, and any ‘‘(d) DEFINITIONS.—For purposes of this sec- made available under this subsection shall other form of monetary payment. tion— not exceed 2 percent of the projected annual ‘‘(k) OTHER DEFENSES NOT AFFECTED.—The ‘‘(1) the ‘maintenance’ of a machine is the revenues of the Patent and Trademark Office failure of a service provider’s conduct to servicing of the machine in order to make it from fees for services and goods of that Of- qualify for limitation of liability under this work in accordance with its original speci- fice. The Secretary of Commerce shall deter- section shall not bear adversely upon the fications and any changes to those specifica- mine the budget requirements of the Office consideration of a defense by the service pro- tions authorized for that machine; and of the Under Secretary for Intellectual Prop- vider that the service provider’s conduct is ‘‘(2) the ‘repair’ of a machine is the restor- erty Policy. not infringing under this title or any other ing of the machine to the state of working in (f) CONSULTATION.—In connection with the defense. accordance with its original specifications performance of his or her duties under this ‘‘(l) PROTECTION OF PRIVACY.—Nothing in and any changes to those specifications au- section, the Under Secretary shall, on appro- this section shall be construed to condition thorized for that machine.’’. priate matters, consult with the Register of the applicability of subsections (a) through TITLE IV—MISCELLANEOUS PROVISIONS Copyrights. (d) on— Subtitle A—Establishment of the Under Sec- SEC. 402. RELATIONSHIP WITH EXISTING AU- ‘‘(1) a service provider monitoring its serv- retary of Commerce for Intellectual Prop- THORITIES. ice or affirmatively seeking facts indicating erty Policy (a) NO DEROGATION.—Nothing in section 401 infringing activity, except to the extent con- shall derogate from the duties of the United SEC. 401. UNDER SECRETARY OF COMMERCE FOR sistent with a standard technical measure INTELLECTUAL PROPERTY POLICY. States Trade Representative or from the du- complying with the provisions of subsection (a) APPOINTMENT.—There shall be within ties of the Secretary of State. In addition, (h); or the Department of Commerce an Under Sec- nothing in this subtitle shall derogate from ‘‘(2) a service provider gaining access to, retary of Commerce for Intellectual Prop- the duties and functions of the Register of removing, or disabling access to material in erty Policy, who shall be appointed by the Copyrights or otherwise alter current au- cases in which such conduct is prohibited by President, by and with the advice and con- thorities relating to copyright matters. law. sent of the Senate, at level II of the Execu- (b) CLARIFICATION OF AUTHORITY OF THE ‘‘(m) CONSTRUCTION.—Subsections (a), (b), tive Schedule. On or after the effective date COPYRIGHT OFFICE.—Section 701 of title 17, (c), and (d) describe separate and distinct of this subtitle, the President may designate United States Code, is amended— functions for purposes of applying this sec- an individual to serve as the Acting Under (1) by redesignating subsections (b) tion. Whether a service provider qualifies for Secretary until the date on which an Under through (e) as subsections (c) through (f), re- the limitation on liability in any one of Secretary qualifies under this subsection. spectively; and those subsections shall be based solely on (b) DUTIES.—The Under Secretary of Com- (2) by inserting after subsection (a) the fol- the criteria in that subsection, and shall not merce for Intellectual Property Policy, lowing: affect a determination of whether that serv- under the direction of the Secretary of Com- ‘‘(b) In addition to the functions and duties ice provider qualifies for the limitations on merce, shall perform the following functions set out elsewhere in this chapter, the Reg- liability under any other such subsection.’’. with respect to intellectual property policy: ister of Copyrights shall perform the follow- (b) CONFORMING AMENDMENT.—The table of (1) In coordination with the Under Sec- ing functions: sections for chapter 5 of title 17, United retary of Commerce for International Trade, ‘‘(1) Advise Congress on national and inter- States Code, is amended by adding at the end promote exports of goods and services of the national issues relating to copyright, other the following: United States industries that rely on intel- matters arising under chapters 9, 12, 13, and ‘‘512. Limitations on liability relating to ma- lectual property. 14 of this title, and related matters. terial online.’’. (2) Advise the President, through the Sec- ‘‘(2) Provide information and assistance to retary of Commerce, on national and certain Federal departments and agencies and the (c) EFFECTIVE DATE.—The amendments international issues relating to intellectual Judiciary on national and international made by this section take effect on the date property policy, including issues in the areas issues relating to copyright, other matters of the enactment of this Act. of patents, trademarks, and copyrights. arising under chapters 9, 12, 13, and 14 of this SEC. 203. EFFECTIVE DATE. (3) Advise Federal departments and agen- title, and related matters. This title and the amendments made by cies on matters of intellectual property pro- ‘‘(3) Participate in meetings of inter- this title shall take effect on the date of the tection in other countries. national intergovernmental organizations enactment of this Act. (4) Provide guidance, as appropriate, with and meetings with foreign government offi- TITLE III—COMPUTER MAINTENANCE OR respect to proposals by agencies to assist for- cials relating to copyright, other matters REPAIR COPYRIGHT EXEMPTION eign governments and international inter- arising under chapters 9, 12, 13, and 14 of this SEC. 301. SHORT TITLE. governmental organizations on matters of title, and related matters, including as a intellectual property protection. This title may be cited as the ‘‘Computer member of United States delegations as au- (5) Conduct programs and studies related Maintenance Competition Assurance Act’’. thorized by the appropriate Executive to the effectiveness of intellectual property Branch authority. SEC. 302. LIMITATIONS ON EXCLUSIVE RIGHTS; protection throughout the world. ‘‘(4) Conduct studies and programs regard- COMPUTER PROGRAMS. (6) Advise the Secretary of Commerce on ing copyright, other matters arising under Section 117 of title 17, United States Code, programs and studies relating to intellectual chapters 9, 12, 13, and 14 of this title, and re- is amended— property policy that are conducted, or au- lated matters, the administration of the (1) by striking ‘‘Notwithstanding’’ and in- thorized to be conducted, cooperatively with Copyright Office, or any function vested in serting the following: foreign patent and trademark offices and the Copyright Office by law, including edu- ‘‘(a) MAKING OF ADDITIONAL COPY OR ADAP- international intergovernmental organiza- cational programs conducted cooperatively TATION BY OWNER OF COPY.—Notwithstand- tions. with foreign intellectual property offices and ing’’; (7) In coordination with the Department of international intergovernmental organiza- (2) by striking ‘‘Any exact’’ and inserting State, conduct programs and studies coop- tions. the following: eratively with foreign intellectual property ‘‘(5) Perform such other functions as Con- ‘‘(b) LEASE, SALE, OR OTHER TRANSFER OF offices and international intergovernmental gress may direct, or as may be appropriate in ADDITIONAL COPY OR ADAPTATION.—Any organizations. furtherance of the functions and duties spe- exact’’; and (c) DEPUTY UNDER SECRETARIES.—To assist cifically set forth in this title.’’ (3) by adding at the end the following: the Under Secretary of Commerce for Intel- Subtitle B—Related Provisions ‘‘(c) MACHINE MAINTENANCE OR REPAIR.— lectual Property Policy, the Under Secretary Notwithstanding the provisions of section shall appoint a Deputy Under Secretary for SEC. 411. EPHEMERAL RECORDINGS. 106, it is not an infringement for the owner Patent Policy and a Deputy Under Secretary Section 112(a) of title 17, United States or lessee of a machine to make or authorize for Trademark Policy, as members of the Code, is amended— the making of a copy of a computer program Senior Executive Service in accordance with (1) by redesignating paragraphs (1), (2), and if such copy is made solely by virtue of the the provisions of title 5, United States Code. (3) as subparagraphs (A), (B), and (C), respec- activation of a machine that lawfully con- The Deputy Under Secretaries shall perform tively; tains an authorized copy of the computer such duties and functions as the Under Sec- (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and program, for purposes only of maintenance retary shall prescribe. (3) by inserting after ‘‘114(a),’’ the follow- or repair of that machine, if— (d) COMPENSATION.—Section 5313 of title 5, ing: ‘‘or for a transmitting organization that ‘‘(1) such new copy is used in no other man- United States Code, is amended by adding at is a broadcast radio or television station li- ner and is destroyed immediately after the the end the following: ‘‘Under Secretary of censed as such by the Federal Communica- maintenance or repair is completed; and Commerce for Intellectual Property Policy.’’ tions Commission that broadcasts a perform- ‘‘(2) with respect to any computer program (e) FUNDING.—Funds available to the Pat- ance of a sound recording in a digital format or part thereof that is not necessary for that ent and Trademark Office shall be made on a nonsubscription basis,’’; and August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7083 (4) by adding at the end the following: (A) by striking ‘‘Notwithstanding’’ and in- ‘‘(A) in the case of a subscription trans- ‘‘(2) In a case in which a transmitting orga- serting ‘‘Except as otherwise provided in this mission not exempt under paragraph (1) or nization entitled to make a copy or phono- title and notwithstanding’’; an eligible nonsubscription transmission— record under paragraph (1) in connection (B) by inserting after ‘‘no more than one ‘‘(i) the transmission is not part of an with the transmission to the public of a per- copy or phonorecord of a work’’ the follow- interactive service; formance or display of a work is prevented ing: ‘‘, except as provided in subsections (b) ‘‘(ii) except in the case of a transmission to from making such copy or phonorecord by and (c)’’; and a business establishment, the transmitting reason of the application by the copyright (C) in paragraph (3) by inserting after entity does not automatically and inten- owner of technical measures that prevent ‘‘copyright’’ the following: ‘‘that appears on tionally cause any device receiving the the reproduction of the work, the copyright the copy or phonorecord that is reproduced transmission to switch from one program owner shall make available to the transmit- under the provisions of this section, or in- channel to another; and ting organization the necessary means for cludes a legend stating that the work may be ‘‘(iii) except as provided in section 1002(e), permitting the making of such copy or pho- protected by copyright if no such notice can the transmission of the sound recording is norecord as permitted under that paragraph, be found on the copy or phonorecord that is accompanied by the information encoded in if it is technologically feasible and economi- reproduced under the provisions of this sec- that sound recording, if any, by or under the cally reasonable for the copyright owner to tion’’; authority of the copyright owner of that do so. If the copyright owner fails to do so in (2) in subsection (b)— sound recording, that identifies the title of a timely manner in light of the transmitting (A) by striking ‘‘a copy or phonorecord’’ the sound recording, the featured recording organization’s reasonable business require- and inserting ‘‘three copies or artist who performs on the sound recording, ments, the transmitting organization shall phonorecords’’; and related information, including informa- not be liable for a violation of section (B) by striking ‘‘in facsimile form’’; and tion concerning the underlying musical work 1201(a)(1) of this title for engaging in such (C) by striking ‘‘if the copy or phonorecord and its writer; activities as are necessary to make such cop- reproduced is currently in the collections of ‘‘(B) in the case of a subscription trans- ies or phonorecords as permitted under para- the library or archives.’’ and inserting ‘‘if— mission not exempt under paragraph (1) by a graph (1) of this subsection.’’. ‘‘(1) the copy or phonorecord reproduced is preexisting subscription service in the same SEC. 412. LIMITATIONS ON EXCLUSIVE RIGHTS; currently in the collections of the library or transmission medium used by such service DISTANCE EDUCATION. archives; and on July 31, 1998— (a) RECOMMENDATIONS BY REGISTER OF ‘‘(2) any such copy or phonorecord that is ‘‘(i) the transmission does not exceed the COPYRIGHTS.—Not later than 6 months after reproduced in digital format is not otherwise sound recording performance complement; the date of the enactment of this Act, the distributed in that format and is not made ‘‘(ii) the transmitting entity does not Register of Copyrights, after consultation available to the public in that format out- cause to be published by means of an ad- with representatives of copyright owners, side the premises of the library or ar- vance program schedule or prior announce- nonprofit educational institutions, and non- chives.’’; and ment the titles of the specific sound record- profit libraries and archives, shall submit to (3) in subsection (c)— ings or phonorecords embodying such sound the Congress recommendations on how to (A) by striking ‘‘a copy or phonorecord’’ recordings to be transmitted; and promote distance education through digital and inserting ‘‘three copies or ‘‘(C) in the case of an eligible nonsubscrip- technologies, including interactive digital phonorecords’’; tion transmission or a subscription trans- networks, while maintaining an appropriate (B) by striking ‘‘in facsimile form’’; mission not exempt under paragraph (1) by a balance between the rights of copyright own- (C) by inserting ‘‘or if the existing format new subscription service or by a preexisting ers and the needs of users of copyrighted in which the work is stored has become obso- subscription service other than in the same works. Such recommendations shall include lete,’’ after ‘‘stolen,’’; and transmission medium used by such service any legislation the Register of Copyrights (D) by striking ‘‘if the library or archives on July 31, 1998— considers appropriate to achieve the objec- has, after a reasonable effort, determined ‘‘(i) the transmission does not exceed the tive described in the preceding sentence. that an unused replacement cannot be ob- sound recording performance complement, (b) FACTORS.—In formulating recommenda- tained at a fair price.’’ and inserting ‘‘if— except that this requirement shall not apply tions under subsection (a), the Register of ‘‘(1) the library or archives has, after a rea- in the case of a retransmission of a broadcast Copyrights shall consider— sonable effort, determined that an unused re- transmission if the retransmission is made (1) the need for an exemption from exclu- placement cannot be obtained at a fair price; by a transmitting entity that does not have sive rights of copyright owners for distance and the right or ability to control the program- education through digital networks; ‘‘(2) any such copy or phonorecord that is ming of the broadcast station making the (2) the categories of works to be included reproduced in digital format is not made broadcast transmission, unless the broadcast under any distance education exemption; available to the public in that format out- station makes broadcast transmissions— (3) the extent of appropriate quantitative side the premises of the library or archives ‘‘(I) in digital format that regularly exceed limitations on the portions of works that in lawful possession of such copy.’’; and the sound recording performance com- may be used under any distance education (E) by adding at the end the following: plement; or exemption; ‘‘For purposes of this subsection, a format ‘‘(II) in analog format, a substantial por- (4) the parties who should be entitled to shall be considered obsolete if the machine tion of which, on a weekly basis, exceed the the benefits of any distance education ex- or device necessary to render perceptible a sound recording performance complement; emption; work stored in that format is no longer man- Provided, however, That the sound recording (5) the parties who should be designated as ufactured or is no longer reasonably avail- copyright owner or its representative has no- eligible recipients of distance education ma- able in the commercial marketplace.’’. tified the transmitting entity in writing that terials under any distance education exemp- SEC. 414. FAIR USE. broadcast transmissions of the copyright tion; Section 107 of title 17, United States Code, owner’s sound recordings exceed the sound (6) whether and what types of techno- is amended in the first sentence by striking recording complement as provided in this logical measures can or should be employed ‘‘, including such use’’ and all that follows clause; to safeguard against unauthorized access to, through ‘‘section,’’. ‘‘(ii) the transmitting entity does not and use or retention of, copyrighted mate- SEC. 415. SCOPE OF EXCLUSIVE RIGHTS IN cause to be published, or induce or facilitate rials as a condition of eligibility for any dis- SOUND RECORDINGS; EPHEMERAL the publication, by means of an advance pro- tance education exemption, including, in RECORDINGS. gram schedule or prior announcement, the light of developing technological capabili- (a) SCOPE OF EXCLUSIVE RIGHTS IN SOUND titles of the specific sound recordings to be ties, the exemption set out in section 110(2) RECORDINGS.—Section 114 of title 17, United transmitted, the phonorecords embodying of title 17, United States Code; States Code, is amended as follows: such sound recordings, or, other than for il- (7) the extent to which the availability of (1) Subsection (d) is amended— lustrative purposes, the names of the fea- licenses for the use of copyrighted works in (A) by striking subparagraph (A) and in- tured recording artists, except that this distance education through interactive digi- serting the following: clause does not disqualify a transmitting en- tal networks should be considered in assess- ‘‘(A) a nonsubscription broadcast trans- tity that makes a prior announcement that ing eligibility for any distance education ex- mission;’’; and a particular artist will be featured within an emption; and (B) by amending paragraph (2) to read as unspecified future time period and, in any 1- (8) such other issues relating to distance follows: hour period, no more than 3 such announce- education through interactive digital net- ‘‘(2) STATUTORY LICENSING OF CERTAIN ments are made with respect to no more works that the Register considers appro- TRANSMISSIONS.—The performance of a sound than 2 artists in each announcement; priate. recording publicly by means of a subscrip- ‘‘(iii) the transmission is not part of— SEC. 413. EXEMPTION FOR LIBRARIES AND AR- tion digital audio transmission not exempt ‘‘(I) an archived program of less than 5 CHIVES. under paragraph (1) or an eligible non- hours duration; Section 108 of title 17, United States Code, subscription digital audio transmission shall ‘‘(II) an archived program of greater than 5 is amended— be subject to statutory licensing, in accord- hours duration that is made available for a (1) in subsection (a)— ance with subsection (f) if— period exceeding 2 weeks; H7084 CONGRESSIONAL RECORD — HOUSE August 4, 1998 ‘‘(III) a continuous program which is of transmissions with respect to such sound re- tion in accordance with section 803(a)(1), the less than 3 hours duration; or cordings.’’; and Librarian of Congress shall, pursuant to ‘‘(IV) a program, other than an archived or (B) by striking paragraphs (2), (3), (4), and chapter 8, convene a copyright arbitration continuous program, that is transmitted at a (5) and inserting the following: royalty panel to determine and publish in scheduled time more than 3 additional times ‘‘(B) In the absence of license agreements the Federal Register a schedule of rates and in a 2-week period following the first trans- negotiated under subparagraph (A), during terms which, subject to paragraph (3), shall mission of the program and for an additional the 60-day period commencing 6 months after be binding on all copyright owners of sound 2-week period more than 1 month following publication of the notice specified in sub- recordings and entities performing sound re- the end of the first such 2-week period; paragraph (A), and upon the filing of a peti- cordings during the period beginning on the ‘‘(iv) the transmitting entity does not tion in accordance with section 803(a)(1), the date of the enactment of the Digital Millen- knowingly perform the sound recording in a Librarian of Congress shall, pursuant to nium Copyright Act and ending on December manner that is likely to cause confusion, to chapter 8, convene a copyright arbitration 31, 2000, or such other date as the parties cause mistake, or to deceive, as to the affili- royalty panel to determine and publish in may agree. Such rates and terms shall dis- ation, connection, or association of the copy- the Federal Register a schedule of rates and tinguish among the different types of eligi- right owner or featured recording artist with terms which, subject to paragraph (3), shall ble nonsubscription, transmission services the transmitting entity or a particular prod- be binding on all copyright owners of sound then in operation and shall include a mini- uct or service advertised by the transmitting recordings and preexisting subscription serv- mum fee for each such type of service, such entity, or as to the origin, sponsorship, or ices. In establishing rates and terms for pre- differences to be based on criteria, including, existing subscription services, in addition to approval by the copyright owner or featured but not limited to, the quantity and nature the objectives set forth in section 801(b)(1), recording artist of the activities of the of the use of sound recordings and the degree the copyright arbitration royalty panel may transmitting entity other than the perform- to which use of the service may substitute consider the rates and terms for comparable ance of the sound recording itself; for or may promote the purchase of types of subscription digital audio trans- ‘‘(v) the transmitting entity cooperates to phonorecords by consumers. In establishing mission services and comparable cir- prevent, to the extent feasible without im- rates and terms for transmissions by eligible cumstances under voluntary license agree- posing substantial costs or burdens, a trans- ments negotiated as provided in subpara- nonsubscription services and new subscrip- mission recipient or any other person or en- graph (A). tion services, the copyright arbitration roy- tity from automatically scanning the trans- ‘‘(C)(i) Publication of a notice of the initi- alty panel shall establish rates and terms mitting entity’s transmissions together with ation of voluntary negotiation proceedings that most clearly represent the rates and transmissions by other transmitting entities as specified in subparagraph (A) shall be re- terms that would have been negotiated in to select a particular sound recording to be peated, in accordance with regulations that the marketplace between a willing buyer and transmitted to the transmission recipient; the Librarian of Congress shall prescribe— a willing seller. In determining such rates ‘‘(vi) the transmitting entity takes reason- ‘‘(I) no later than 30 days after a petition is and terms, the copyright arbitration royalty able steps to ensure, to the extent within its filed by any copyright owners of sound re- panel shall base its decision on economic, control, that the transmission recipient can- cordings or any preexisting subscription competitive and programming information not make a phonorecord in a digital format services indicating that a new type of sub- presented by the parties, including— of the transmission, and the transmitting scription digital audio transmission service ‘‘(i) whether use of the service may sub- entity takes no affirmative steps to cause or on which sound recordings are performed is stitute for or may promote the sales of induce the making of a phonorecord by the or is about to become operational; and phonorecords or otherwise may interfere transmission recipient; ‘‘(II) in the first week of January, 2001, and with or may enhance the sound recording ‘‘(vii) phonorecords of the sound recording at 5-year intervals thereafter. copyright owner’s other streams of revenue have been distributed to the public in the ‘‘(ii) The procedures specified in subpara- from its sound recordings; and United States under the authority of the graph (B) shall be repeated, in accordance ‘‘(ii) the relative roles of the copyright copyright owner or the copyright owner au- with regulations that the Librarian of Con- owner and the copyright user in the copy- thorizes the transmitting entity to transmit gress shall prescribe, upon filing of a petition righted work and the service made available the sound recording, and the transmitting in accordance with section 803(a)(1) during a to the public with respect to relative cre- entity makes the transmission from a phono- 60-day period commencing— ative contribution, technological contribu- record lawfully made under this title; ‘‘(I) 6 months after publication of a notice tion, capital investment, cost, and risk. ‘‘(viii) the transmitting entity accommo- of the initiation of voluntary negotiation ‘‘(C)(i) Publication of a notice of the initi- dates and does not interfere with the trans- proceedings under subparagraph (A) pursu- ation of voluntary negotiation proceedings mission of technical measures that are wide- ant to a petition under clause (i)(I) of this as specified in subparagraph (A) shall be re- ly used by sound recording copyright owners subparagraph; or peated in accordance with regulations that to identify or protect copyrighted works, and ‘‘(II) on July 1, 2001, and at 5-year intervals the Librarian of Congress shall prescribe— that are technically feasible of being trans- thereafter. ‘‘(I) no later than 30 days after a petition if mitted by the transmitting entity without ‘‘(iii) The procedures specified in subpara- filed by any copyright owners of sound re- imposing substantial costs on the transmit- graph (B) shall be concluded in accordance cordings or any eligible nonsubscription ting entity or resulting in perceptible aural with section 802. service or new subscription service indicat- or visual degradation of the digital signal; ‘‘(2)(A) No later than 30 days after the date ing that a new type of eligible nonsubscrip- and of the enactment of the Digital Millennium tion service or new subscription service on ‘‘(ix) in the case of an eligible nonsubscrip- Copyright Act, the Librarian of Congress which sound recordings are performed is or is tion transmission, the transmitting entity shall cause notice to be published in the Fed- about to become operational; and identifies the sound recording during, but eral Register of the initiation of voluntary ‘‘(II) in the first week of January 2000, and not before, the time it is performed, includ- negotiation proceedings for the purpose of at 2-year intervals thereafter, except to the ing the title of the sound recording, the title determining reasonable terms and rates of extent that different years for the repeating of the phonorecord embodying such sound re- royalty payments for eligible nonsubscrip- of such proceedings may be determined in cording, if any, and the featured recording tion transmissions and transmissions by new accordance with subparagraph (A). artist in a manner to permit it to be per- subscription services specified by subsection ‘‘(ii) The procedures specified in subpara- ceived by the transmission recipient, except (d)(2) during the period beginning on the date graph (B) shall be repeated, in accordance that the obligation in this clause shall not of the enactment of such Act and ending on with regulations that the Librarian of Con- take effect until 1 year after the date of the December 31, 2000, or such other date as the gress shall prescribe, upon filing of a petition enactment of the Digital Millennium Copy- parties may agree. Such rates and terms in accordance with section 803(a)(1) during a right Act.’’. shall distinguish among the different types 60-day period commencing— (2) Subsection (f) is amended to read as fol- of eligible nonsubscription transmission ‘‘(I) 6 months after publication of a notice lows: services then in operation and shall include of the initiation of voluntary negotiation (A) in paragraph (1)— a minimum fee for each such type of service. proceedings under subparagraph (A) pursu- (i) in the first sentence— Any copyright owners of sound recordings or ant to a petition under clause (i)(I); or (I) by striking ‘‘(1) No’’ and inserting any entities performing sound recordings af- ‘‘(II) on July 1, 2000, and at 2-year intervals ‘‘(1)(A) No’’; fected by this section may submit to the Li- thereafter, except to the extent that dif- (II) by striking ‘‘the activities’’ and insert- brarian of Congress licenses covering such el- ferent years for the repeating of such pro- ing ‘‘subscription transmissions by preexist- igible nonsubscription transmissions with re- ceedings may be determined in accordance ing subscription services’’; and spect to such sound recordings. The parties with subparagraph (A). (III) by striking ‘‘2000’’ and inserting to each negotiation proceeding shall bear ‘‘(iii) The procedures specified in subpara- ‘‘2001’’; and their own costs. graph (B) shall be concluded in accordance (ii) by amending the third sentence to read ‘‘(B) In the absence of license agreements with section 802. as follows: ‘‘Any copyright owners of sound negotiated under subparagraph (A), during ‘‘(3) License agreements voluntarily nego- recordings or any preexisting subscription the 60-day period commencing 6 months after tiated at any time between 1 or more copy- services may submit to the Librarian of Con- publication of the notice specified in sub- right owners of sound recordings and 1 or gress licenses covering such subscriptions paragraph (A), and upon the filing of a peti- more entities performing sound recordings August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7085 shall be given effect in lieu of any deter- that are performed within 1 hour of the re- shall cause notice to be published in the Fed- mination by a copyright arbitration royalty quest or at a time designated by either the eral Register of the initiation of voluntary panel or decision by the Librarian of Con- transmitting entity or the individual mak- negotiation proceedings for the purpose of gress. ing such request. If an entity offers both determining reasonable terms and rates of ‘‘(4)(A) The Librarian of Congress shall interactive and noninteractive services (ei- royalty payments for the activities specified also establish requirements by which copy- ther concurrently or at different times), the by paragraph (2) of this subsection during right owners may receive reasonable notice noninteractive component shall not be treat- the period beginning on the date of the en- of the use of their sound recordings under ed as part of an interactive service. actment of such Act and ending on December this section, and under which records of such ‘‘(8) A ‘new subscription service’ is a serv- 31, 2000, or such other date as the parties use shall be kept and made available by enti- ice that performs sound recordings by means may agree. Such rates shall include a mini- ties performing sound recordings. of subscription digital audio transmissions mum fee for each type of service. Any copy- ‘‘(B) Any person who wishes to perform a and that is not a preexisting subscription right owners of sound recordings or any sound recording publicly by means of a service.’’; transmitting organizations entitled to ob- transmission eligible for statutory licensing (E) by inserting after paragraph (9), as so tain a statutory license under this sub- under this subsection may do so without in- redesignated, the following: section may submit to the Librarian of Con- fringing the exclusive right of the copyright ‘‘(10) A ‘preexisting subscription service’ is gress licenses covering such activities with owner of the sound recording— a service that performs sound recordings by respect to such sound recordings. The parties ‘‘(i) by complying with such notice require- means of noninteractive audio-only subscrip- to each negotiation proceeding shall bear ments as the Librarian of Congress shall pre- tion digital audio transmissions, which was their own costs. scribe by regulation and by paying royalty in existence and was making such trans- ‘‘(5) In the absence of license agreements fees in accordance with this subsection; or mission to the public for a fee on or before negotiated under paragraph (3), during the ‘‘(ii) if such royalty fees have not been set, July 31, 1998.’’; and 60-day period commencing 6 months after by agreeing to pay such royalty fees as shall (F) by adding at the end the following: publication of the notice specified in para- be determined in accordance with this sub- ‘‘(14) A ‘transmission’ is either an initial graph (4), and upon the filing of a petition in section. transmission or a retransmission.’’. accordance with section 803(a)(1), the Librar- ‘‘(C) Any royalty payments in arrears shall (b) EPHEMERAL RECORDINGS.—Section 112 of ian of Congress shall, pursuant to chapter 8, be made on or before the twentieth day of title 17, United States Code, is amended by convene a copyright arbitration royalty the month next succeeding the month in adding at the end the following: panel to determine and publish in the Fed- which the royalty fees are set.’’. ‘‘(f) STATUTORY LICENSE.—(1) An ephemeral eral Register a schedule of reasonable rates (3) Subsection (g) is amended— recording of a sound recording by a trans- and terms which, subject to paragraph (6), (A) in the subsection heading by striking mitting organization entitled to transmit to shall be binding on all copyright owners of ‘‘SUBSCRIPTION’’; the public a performance of that sound re- sound recordings and transmitting organiza- (B) in paragraph (1) in the matter preced- cording by means of a digital audio trans- tions entitled to obtain a statutory license ing subparagraph (A), by striking ‘‘subscrip- mission under a statutory license in accord- under this subsection during the period be- tion transmission licensed’’ and inserting ance with section 114(f) or an exemption pro- ginning on the date of the enactment of the ‘‘transmission licensed under a statutory li- vided in section 114(d)(1)(B) or (C) is subject Digital Millennium Copyright Act and end- cense’’; to statutory licensing under the conditions ing on December 31, 2000, or such other date (C) in subparagraphs (A) and (B) by strik- specified by this subsection. as the parties may agree. Such rates shall in- ing ‘‘subscription’’; and ‘‘(2) A statutory license under this sub- clude a minimum fee for each type of serv- (D) in paragraph (2) by striking ‘‘subscrip- section grants a transmitting organization ice. The copyright arbitration royalty panel tion’’. entitled to transmit to the public a perform- shall establish rates that most clearly rep- (4) Subsection (j) is amended— ance of a sound recording by means of a digi- resent the fees that would have been nego- (A) by redesignating paragraphs (2), (3), (5), tal audio transmission under a statutory li- tiated in the marketplace between a willing (6), (7), and (8) as paragraphs (3), (5), (9), (11), cense in accordance with section 114(f) or an buyer and a willing seller. In determining (12), and (13), respectively; exemption provided in section 114(d)(1)(B) or such rates and terms, the copyright arbitra- (B) by inserting after paragraph (1) the fol- (C) the privilege of making no more than 1 tion royalty panel shall base its decision on lowing: phonorecord of the sound recording (unless economic, competitive, and programming in- ‘‘(2) An ‘archived program’ is a prerecorded the terms and conditions of the statutory li- formation presented by the parties, includ- program that is available repeatedly on de- cense allow for more), if— ing— mand and that is performed in the same pre- ‘‘(A) the phonorecord is retained and used ‘‘(A) whether use of the service may sub- determined order from the beginning.’’; solely by the transmitting organization that stitute for or may promote the sales of (C) by inserting after paragraph (3), as so made it, and no further phonorecords are re- phonorecords or otherwise interferes with or redesignated, the following: produced from it; and enhances the copyright owner’s traditional ‘‘(4) A ‘continuous program’ is a ‘‘(B) the phonorecord is used solely for the streams of revenue; prerecorded program that is continuously transmitting organization’s own trans- ‘‘(B) the relative rules of the copyright performed in the same predetermined order missions in the United States under a statu- owner and the copyright user in the copy- and the point in the program at which it is tory license in accordance with section 114(f) righted work and the service made available accessed is beyond the control of the trans- or an exemption provided in section to the public with respect to relative cre- mission recipient.’’; 114(d)(1)(B) or (C); ative contribution, technological contribu- (D) by inserting after paragraph (5), as so ‘‘(C) unless preserved exclusively for pur- tion, capital investment, cost, and risk. redesignated, the following: poses of archival preservation, the phono- ‘‘(6) An ‘eligible nonsubscription trans- record is destroyed within 6 months from the In establishing such rates and terms, the mission’ is a noninteractive, nonsubscription date the sound recording was first transmit- copyright arbitration royalty panel may transmission made as part of a service that ted to the public using the phonorecord; and consider the rates and terms under vol- provides audio programming consisting, in ‘‘(D) phonorecords of the sound recording untary license agreements negotiated as pro- whole or in part, of performances of sound have been distributed to the public in the vided in paragraphs (3) and (4). The Librarian recordings, including retransmissions of United States under the authority of the of Congress shall also establish requirements broadcast transmissions, if the primary pur- copyright owner or the copyright owner au- by which copyright owners may receive rea- pose of the service is to provide to the public thorizes the transmitting entity to transmit sonable notice of the use of their sound re- such audio or other entertainment program- the sound recording, and the transmitting cordings under this section, and under which ming, and the primary purpose of the service entity makes the transmission from a phono- records of such use shall be kept and made is not to sell, advertise, or promote particu- record lawfully made and acquired under this available by transmitting organizations en- lar products or services other than sound re- title. titled to obtain a statutory license under cordings, live concerts, or other music-relat- ‘‘(3) Notwithstanding any provision of the this subsection. ed events. antitrust laws, any copyright owners of ‘‘(6) License agreements voluntarily nego- ‘‘(7) An ‘interactive service’ is one that en- sound recordings and any transmitting orga- tiated at any time between 1 or more copy- ables a member of the public to receive a nizations entitled to obtain a statutory li- right owners of sound recordings and 1 or transmission of a program specially created cense under this subsection may negotiate more transmitting organizations entitled to for the recipient, or on request, a trans- and agree upon royalty rates and license obtain a statutory license under this sub- mission of a particular sound recording, terms and conditions for ephemeral record- section shall be given effect in lieu of any de- whether or not as part of a program, which ings of such sound recordings and the propor- termination by a copyright arbitration roy- is selected by or on behalf of the recipient. tionate division of fees paid among copyright alty panel or decision by the Librarian of The ability of individuals to request that owners, and may designate common agents Congress. particular sound recordings be performed for to negotiate, agree to, pay, or receive such ‘‘(7) Publication of a notice of the initi- reception by the public at large does not royalty payments. ation of voluntary negotiation proceedings make a service interactive, if the program- ‘‘(4) No later than 30 days after the date of as specified in paragraph (4) shall be re- ming on each channel of the service does not the enactment of the Digital Millennium peated, in accordance with regulations that substantially consist of sound recordings Copyright Act, the Librarian of Congress the Librarian of Congress shall prescribe, in H7086 CONGRESSIONAL RECORD — HOUSE August 4, 1998 the first week of January 2000, and at 2-year ments and provide related notices, accruing place or through one source so that users intervals thereafter, except to the extent after the effective date of the transfer and may access them. that different years for the repeating of such applicable to the exploitation of the rights ‘‘(2) INFORMATION.—The term ‘information’ proceedings may be determined in accord- transferred, and any remedies under each means facts, data, works of authorship, or ance with paragraph (4). The procedures such assumption agreement for breach of any other intangible material capable of specified in paragraph (5) shall be repeated, those obligations, as those obligations and being collected and organized in a system- in accordance with regulations that the Li- remedies are set forth in the applicable col- atic way. brarian of Congress shall prescribe, upon fil- lective bargaining agreement, if— ‘‘(3) POTENTIAL MARKET.—The term ‘poten- ing of a petition in accordance with section ‘‘(1) the transferee knows or has reason to tial market’ means any market that a per- 803(a)(1) during a 60-day period commencing know at the time of the transfer that such son claiming protection under section 1302 on July 1, 2000, and at 2-year intervals there- collective bargaining agreement was or will has current and demonstrable plans to ex- after, except to the extent that different be applicable to the motion picture; or ploit or that is commonly exploited by per- years for the repeating of such proceedings ‘‘(2) in the event of a court order confirm- sons offering similar products or services in- may be determined in accordance with para- ing an arbitration award against the trans- corporating collections of information. graph (4). The procedures specified in para- feror under the collective bargaining agree- ‘‘(4) COMMERCE.—The term ‘commerce’ graph (5) shall be concluded in accordance ment, the transferor does not have the finan- means all commerce which may be lawfully with section 802. cial ability to satisfy the award within 90 regulated by the Congress. ‘‘(8)(A) Any person who wishes to make an days after the order is issued. ‘‘(5) PRODUCT OR SERVICE.—A product or ephemeral recording of a sound recording ‘‘(b) FAILURE TO NOTIFY.—If the transferor service incorporating a collection of infor- under a statutory license in accordance with under subsection (a) fails to notify the trans- mation does not include a product or service this subsection may do so without infringing feree under subsection (a) of applicable col- incorporating a collection of information the exclusive right of the copyright owner of lective bargaining obligations before the exe- gathered, organized, or maintained to ad- the sound recording under section 106(1)— cution of the transfer instrument, and sub- dress, route, forward, transmit, or store digi- ‘‘(i) by complying with such notice require- section (a) is made applicable to the trans- tal online communications or provide or re- ments as the Librarian of Congress shall pre- feree solely by virtue of subsection (a)(2), the ceive access to connections for digital online scribe by regulation and by paying royalty transferor shall be liable to the transferee communications. fees in accordance with this subsection; or for any damages suffered by the transferee as ‘‘§ 1302. Prohibition against misappropriation ‘‘(ii) if such royalty fees have not been set, a result of the failure to notify. ‘‘Any person who extracts, or uses in com- by agreeing to pay such royalty fees as shall ‘‘(c) DETERMINATION OF DISPUTES AND merce, all or a substantial part, measured ei- be determined in accordance with this sub- CLAIMS.—Any dispute concerning the appli- ther quantitatively or qualitatively, of a col- section. cation of subsection (a) and any claim made lection of information gathered, organized, ‘‘(B) Any royalty payments in arrears shall under subsection (b) shall be determined by or maintained by another person through the be made on or before the 20th day of the an action in United States district court, investment of substantial monetary or other month next succeeding the month in which and the court in its discretion may allow the resources, so as to cause harm to the actual the royalty fees are set. recovery of full costs by or against any party or potential market of that other person, or ‘‘(9) If a transmitting organization entitled and may also award a reasonable attorney’s a successor in interest of that other person, to make a phonorecord under this subsection fee to the prevailing party as part of the for a product or service that incorporates is prevented from making such phonorecord costs.’’. that collection of information and is offered by reason of the application by the copyright (b) CONFORMING AMENDMENT.—The table of or intended to be offered for sale or other- owner of technical measures that prevent chapters for part VI of title 28, United States wise in commerce by that other person, or a the reproduction of the sound recording, the Code, is amended by adding at the end the successor in interest of that person, shall be copyright owner shall make available to the following: liable to that person or successor in interest transmitting organization the necessary ‘‘180. Assumption of Certain Contrac- for the remedies set forth in section 1306. means for permitting the making of such tual Obligations ...... 4001’’. phonorecord within the meaning of this sub- ‘‘§ 1303. Permitted acts section, if it is technologically feasible and ‘‘(a) INDIVIDUAL ITEMS OF INFORMATION AND economically reasonable for the copyright SEC. 417. FIRST SALE CLARIFICATION. OTHER INSUBSTANTIAL PARTS.—Nothing in owner to do so. If the copyright owner fails Section 109(a) of title 17, United States this chapter shall prevent the extraction or to do so in a timely manner in light of the Code, is amended by striking the first sen- use of an individual item of information, or transmitting organization’s reasonable busi- tence and inserting the following: ‘‘Notwith- other insubstantial part of a collection of in- ness requirements, the transmitting organi- standing the provisions of section 106(3), the formation, in itself. An individual item of in- zation shall not be liable for a violation of owner of a particular lawfully made copy or formation, including a work of authorship, section 1201(a)(1) of this title for engaging in phonorecord that has been distributed in the shall not itself be considered a substantial such activities as are necessary to make United States by the authority of the copy- part of a collection of information under sec- such phonorecords as permitted under this right owner, or any person authorized by the tion 1302. Nothing in this subsection shall subsection.’’. owner of that copy or phonorecord, is enti- permit the repeated or systematic extraction SEC. 416. ASSUMPTION OF CONTRACTUAL OBLI- tled, without the authority of the copyright or use of individual items or insubstantial GATIONS RELATED TO TRANSFERS owner, to sell or otherwise dispose of the parts of a collection of information so as to OF RIGHTS IN MOTION PICTURES. possession of that copy or phonorecord.’’. circumvent the prohibition contained in sec- (a) IN GENERAL.—Part VI of title 28, United TITLE V—COLLECTIONS OF INFORMATION tion 1302. States Code, is amended by adding at the end ANTIPIRACY ACT ‘‘(b) GATHERING OR USE OF INFORMATION OB- the following new chapter: TAINED THROUGH OTHER MEANS.—Nothing in SEC. 501. SHORT TITLE. this chapter shall restrict any person from ‘‘CHAPTER 180—ASSUMPTION OF CERTAIN This title may be cited as the ‘‘Collections CONTRACTUAL OBLIGATIONS independently gathering information or of Information Antipiracy Act’’. using information obtained by means other ‘‘Sec. SEC. 502. MISAPPROPRIATION OF COLLECTIONS than extracting it from a collection of infor- ‘‘4001. Assumption of contractual obligations OF INFORMATION. mation gathered, organized, or maintained related to transfers of rights in Title 17, United States Code, is amended by by another person through the investment of motion pictures. adding at the end the following new chapter: substantial monetary or other resources. ‘‘§ 4001. Assumption of contractual obliga- ‘‘CHAPTER 13—MISAPPROPRIATION OF ‘‘(c) USE OF INFORMATION FOR VERIFICA- tions related to transfers of rights in mo- COLLECTIONS OF INFORMATION TION.—Nothing in this chapter shall restrict tion pictures ‘‘Sec. any person from extracting or using a collec- ‘‘(a) ASSUMPTION OF OBLIGATIONS.—In the ‘‘1301. Definitions. tion of information within any entity or or- case of a transfer of copyright ownership in ‘‘1302. Prohibition against misappropriation. ganization, for the sole purpose of verifying a motion picture (as defined in section 101 of ‘‘1303. Permitted acts. the accuracy of information independently title 17) that is produced subject to 1 or more ‘‘1304. Exclusions. gathered, organized, or maintained by that collective bargaining agreements negotiated ‘‘1305. Relationship to other laws. person. Under no circumstances shall the in- under the laws of the United States, if the ‘‘1306. Civil remedies. formation so used be extracted from the transfer is executed on or after the effective ‘‘1307. Criminal offenses and penalties. original collection and made available to date of this chapter and is not limited to ‘‘1308. Limitations on actions. others in a manner that harms the actual or public performance rights, the transfer in- potential market for the collection of infor- strument shall be deemed to incorporate the ‘‘§ 1301. Definitions mation from which it is extracted or used. assumption agreements applicable to the ‘‘As used in this chapter: ‘‘(d) NONPROFIT EDUCATIONAL, SCIENTIFIC, copyright ownership being transferred that ‘‘(1) COLLECTION OF INFORMATION.—The OR RESEARCH USES.—Notwithstanding sec- are required by the applicable collective bar- term ‘collection of information’ means infor- tion 1302, no person shall be restricted from gaining agreement, and the transferee shall mation that has been collected and has been extracting or using information for nonprofit be subject to the obligations under each such organized for the purpose of bringing dis- educational, scientific, or research purposes assumption agreement to make residual pay- crete items of information together in one in a manner that does not harm directly the August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7087

actual market for the product or service re- ‘‘(c) RELATIONSHIP TO COPYRIGHT.—Protec- a civil action for such a violation in an ap- ferred to in section 1302. tion under this chapter is independent of, propriate United States district court with- ‘‘(e) NEWS REPORTING.—Nothing in this and does not affect or enlarge the scope, du- out regard to the amount in controversy, ex- chapter shall restrict any person from ex- ration, ownership, or subsistence of, any cept that any action against a State govern- tracting or using information for the sole copyright protection or limitation, includ- mental entity may be brought in any court purpose of news reporting, including news ing, but not limited to, fair use, in any work that has jurisdiction over claims against gathering, dissemination, and comment, un- of authorship that is contained in or consists such entity. less the information so extracted or used is in whole or part of a collection of informa- ‘‘(b) TEMPORARY AND PERMANENT INJUNC- time sensitive and has been gathered by a tion. This chapter does not provide any TIONS.—Any court having jurisdiction of a news reporting entity, and the extraction or greater protection to a work of authorship civil action under this section shall have the use is part of a consistent pattern engaged in contained in a collection of information, power to grant temporary and permanent in- for the purpose of direct competition. other than a work that is itself a collection junctions, according to the principles of eq- ‘‘(f) TRANSFER OF COPY.—Nothing in this of information, than is available to that uity and upon such terms as the court may chapter shall restrict the owner of a particu- work under any other chapter of this title. deem reasonable, to prevent a violation of lar lawfully made copy of all or part of a col- ‘‘(d) ANTITRUST.—Nothing in this chapter section 1302. Any such injunction may be lection of information from selling or other- shall limit in any way the constraints on the served anywhere in the United States on the wise disposing of the possession of that copy. manner in which products and services may person enjoined, and may be enforced by pro- be provided to the public that are imposed by ceedings in contempt or otherwise by any ‘‘§ 1304. Exclusions Federal and State antitrust laws, including United States district court having jurisdic- ‘‘(a) GOVERNMENT COLLECTIONS OF INFOR- those regarding single suppliers of products tion over that person. MATION.— and services. ‘‘(c) IMPOUNDMENT.—At any time while an ‘‘(1) EXCLUSION.—Protection under this ‘‘(e) LICENSING.—Nothing in this chapter action under this section is pending, the chapter shall not extend to collections of in- shall restrict the rights of parties freely to court may order the impounding, on such formation gathered, organized, or main- enter into licenses or any other contracts terms as it deems reasonable, of all copies of tained by or for a government entity, wheth- with respect to the use of collections of in- contents of a collection of information ex- er Federal, State, or local, including any em- formation. tracted or used in violation of section 1302, ployee or agent of such entity, or any person ‘‘(f) COMMUNICATIONS ACT OF 1934.—Nothing and of all masters, tapes, disks, diskettes, or exclusively licensed by such entity, within in this chapter shall affect the operation of other articles by means of which such copies the scope of the employment, agency, or li- the provisions of the Communications Act of may be reproduced. The court may, as part cense. Nothing in this subsection shall pre- 1934 (47 U.S.C. 151 et seq.), or shall restrict of a final judgment or decree finding a viola- clude protection under this chapter for infor- any person from extracting or using sub- tion of section 1302, order the remedial modi- mation gathered, organized, or maintained scriber list information, as such term is de- fication or destruction of all copies of con- by such an agent or licensee that is not with- fined in section 222(f)(3) of the Communica- tents of a collection of information ex- in the scope of such agency or license, or by tions Act of 1934 (47 U.S.C. 222(f)(3)), for the tracted or used in violation of section 1302, a Federal or State educational institution in purpose of publishing telephone directories and of all masters, tapes, disks, diskettes, or the course of engaging in education or schol- in any format. other articles by means of which such copies arship. ‘‘(g) SECURITIES AND COMMODITIES MARKET may be reproduced. ‘‘(2) EXCEPTION.—The exclusion under para- INFORMATION.— ‘‘(d) MONETARY RELIEF.—When a violation graph (1) does not apply to any information ‘‘(1) FEDERAL AGENCIES AND ACTS.—Nothing of section 1302 has been established in any required to be collected and disseminated— in this Act shall affect: civil action arising under this section, the ‘‘(A) under the Securities Exchange Act of ‘‘(A) the operation of the provisions of the plaintiff shall be entitled to recover any 1934 by a national securities exchange, a reg- Securities Exchange Act of 1934 (15 U.S.C. 78a damages sustained by the plaintiff and de- istered securities association, or a registered et seq.) or the Commodity Exchange Act (7 fendant’s profits not taken into account in securities information processor, subject to U.S.C. 1 et seq.); computing the damages sustained by the section 1305(g) of this title; or ‘‘(B) the jurisdiction or authority of the plaintiff. The court shall assess such profits ‘‘(B) under the Commodity Exchange Act Securities and Exchange Commission and or damages or cause the same to be assessed by a contract market, subject to section the Commodity Futures Trading Commis- under its direction. In assessing profits the 1305(g) of this title. sion; or plaintiff shall be required to prove defend- ‘‘(b) COMPUTER PROGRAMS.— ‘‘(C) the functions and operations of self- ant’s gross revenue only and the defendant ‘‘(1) PROTECTION NOT EXTENDED.—Subject regulatory organizations and securities in- shall be required to prove all elements of to paragraph (2), protection under this chap- formation processors under the provisions of cost or deduction claims. In assessing dam- ter shall not extend to computer programs, the Securities Exchange Act of 1934 and the ages the court may enter judgment, accord- including, but not limited to, any computer rules and regulations thereunder, including ing to the circumstances of the case, for any program used in the manufacture, produc- making market information available pursu- sum above the amount found as actual dam- tion, operation, or maintenance of a collec- ant to the provisions of that Act and the ages, not exceeding three times such tion of information, or any element of a rules and regulations promulgated there- amount. The court in its discretion may computer program necessary to its oper- under. award reasonable costs and attorney’s fees to the prevailing party and shall award such ation. ‘‘(2) PROHIBITION.—Notwithstanding any costs and fees where it determines that an ‘‘(2) INCORPORATED COLLECTIONS OF INFOR- provision in subsection (a), (b), (c), (d), or (f) action was brought under this chapter in bad MATION.—A collection of information that is of section 1303, nothing in this chapter shall faith against a nonprofit educational, sci- otherwise subject to protection under this permit the extraction, use, resale, or other entific, or research institution, library, or chapter is not disqualified from such protec- disposition of real-time market information archives, or an employee or agent of such an tion solely because it is incorporated into a except as the Securities Exchange Act of entity, acting within the scope of his or her computer program. 1934, the Commodity Exchange Act, and the employment. rules and regulations thereunder may other- ‘‘§ 1305. Relationship to other laws ‘‘(e) REDUCTION OR REMISSION OF MONETARY wise provide. In addition, nothing in sub- ‘‘(a) OTHER RIGHTS NOT AFFECTED.—Sub- RELIEF FOR NONPROFIT EDUCATIONAL, SCI- section (e) of section 1303 shall be construed ject to subsection (b), nothing in this chap- ENTIFIC, OR RESEARCH INSTITUTIONS.—The ter shall affect rights, limitations, or rem- to permit any person to extract or use real- court shall reduce or remit entirely mone- edies concerning copyright, or any other time market information in a manner that tary relief under subsection (d) in any case rights or obligations relating to information, constitutes a market substitute for a real- in which a defendant believed and had rea- including laws with respect to patent, trade- time market information service (including sonable grounds for believing that his or her mark, design rights, antitrust, trade secrets, the real-time systematic updating of or dis- conduct was permissible under this chapter, privacy, access to public documents, and the play of a substantial part of market informa- if the defendant was an employee or agent of law of contract. tion) provided on a real-time basis. a nonprofit educational, scientific, or re- ‘‘(b) PREEMPTION OF STATE LAW.—On or ‘‘(3) DEFINITION.—As used in this sub- search institution, library, or archives act- after the effective date of this chapter, all section, the term ‘market information’ ing within the scope of his or her employ- rights that are equivalent to the rights spec- means information relating to quotations ment. ified in section 1302 with respect to the sub- and transactions that is collected, processed, ‘‘(f) ACTIONS AGAINST UNITED STATES GOV- ject matter of this chapter shall be governed distributed, or published pursuant to the ERNMENT.—Subsections (b) and (c) shall not exclusively by Federal law, and no person is provisions of the Securities Exchange Act of apply to any action against the United entitled to any equivalent right in such sub- 1934 or by a contract market that is des- States Government. ject matter under the common law or stat- ignated by the Commodity Futures Trading ‘‘(g) RELIEF AGAINST STATE ENTITIES.—The utes of any State. State laws with respect to Commission pursuant to the Commodity Ex- relief provided under this section shall be trademark, design rights, antitrust, trade se- change Act and the rules and regulations available against a State governmental en- crets, privacy, access to public documents, thereunder. tity to the extent permitted by applicable and the law of contract shall not be deemed ‘‘§ 1306. Civil remedies law. to provide equivalent rights for purposes of ‘‘(a) CIVIL ACTIONS.—Any person who is in- ‘‘§ 1307. Criminal offenses and penalties this subsection. jured by a violation of section 1302 may bring ‘‘(a) VIOLATION.— H7088 CONGRESSIONAL RECORD — HOUSE August 4, 1998

‘‘(1) IN GENERAL.—Any person who violates of this Act, for the use of information law- ‘‘(3) A ‘vessel’ is a craft, especially one section 1302 willfully, and— fully extracted from a collection of informa- larger than a rowboat, designed to navigate ‘‘(A) does so for direct or indirect commer- tion prior to the effective date of this Act, on water, but does not include any such craft cial advantage or financial gain; or by that person or by that person’s prede- that exceeds 200 feet in length. ‘‘(B) causes loss or damage aggregating cessor in interest. ‘‘(4) A ‘hull’ is the frame or body of a ves- $10,000 or more in any 1-year period to the TITLE VI—PROTECTION OF CERTAIN sel, including the deck of a vessel, exclusive person who gathered, organized, or main- ORIGINAL DESIGNS of masts, sails, yards, and rigging. tained the information concerned, ‘‘(5) A ‘plug’ means a device or model used SEC. 601. SHORT TITLE. shall be punished as provided in subsection to make a mold for the purpose of exact du- This Act may be referred to as the ‘‘Vessel plication, regardless of whether the device or (b). Hull Design Protection Act’’. ‘‘(2) INAPPLICABILITY.—This section shall model has an intrinsic utilitarian function SEC. 602. PROTECTION OF CERTAIN ORIGINAL that is not only to portray the appearance of not apply to an employee or agent of a non- DESIGNS. profit educational, scientific, or research in- the product or to convey information. Title 17, United States Code, is amended by ‘‘(6) A ‘mold’ means a matrix or form in stitution, library, or archives acting within adding at the end the following new chapter: the scope of his or her employment. which a substance for material is used, re- ‘‘(b) PENALTIES.—An offense under sub- ‘‘CHAPTER 14—PROTECTION OF ORIGINAL gardless of whether the matrix or form has section (a) shall be punishable by a fine of DESIGNS an intrinsic utilitarian function that is not not more than $250,000 or imprisonment for ‘‘Sec. only to portray the appearance of the prod- not more than 5 years, or both. A second or ‘‘1401. Designs protected. uct or to convey information. subsequent offense under subsection (a) shall ‘‘1402. Designs not subject to protection. ‘‘§ 1402. Designs not subject to protection be punishable by a fine of not more than ‘‘1403. Revisions, adaptations, and rearrange- ‘‘Protection under this chapter shall not be $500,000 or imprisonment for not more than ments. available for a design that is— 10 years, or both. ‘‘1404. Commencement of protection. ‘‘(1) not original; ‘‘§ 1308. Limitations on actions ‘‘1405. Term of protection. ‘‘(2) staple or commonplace, such as a ‘‘1406. Design notice. standard geometric figure, a familiar sym- ‘‘(a) CRIMINAL PROCEEDINGS.—No criminal ‘‘1407. Effect of omission of notice. proceeding shall be maintained under this bol, an emblem, or a motif, or another shape, ‘‘1408. Exclusive rights. pattern, or configuration which has become chapter unless it is commenced within three ‘‘1409. Infringement. years after the cause of action arises. standard, common, prevalent, or ordinary; ‘‘1410. Application for registration. ‘‘(3) different from a design excluded by ‘‘(b) CIVIL ACTIONS.—No civil action shall ‘‘1411. Benefit of earlier filing date in foreign be maintained under this chapter unless it is paragraph (2) only in insignificant details or country. in elements which are variants commonly commenced within three years after the ‘‘1412. Oaths and acknowledgments. cause of action arises or claim accrues. used in the relevant trades; ‘‘1413. Examination of application and issue ‘‘(4) dictated solely by a utilitarian func- ‘‘(c) ADDITIONAL LIMITATION.—No criminal or refusal of registration. or civil action shall be maintained under this tion of the article that embodies it; or ‘‘1414. Certification of registration. ‘‘(5) embodied in a useful article that was chapter for the extraction or use of all or a ‘‘1415. Publication of announcements and in- substantial part of a collection of informa- made public by the designer or owner in the dexes. United States or a foreign country more tion that occurs more than 15 years after the ‘‘1416. Fees. investment of resources that qualified the than 1 year before the date of the application ‘‘1417. Regulations. for registration under this chapter. portion of the collection of information for ‘‘1418. Copies of records. ‘‘§ 1403. Revisions, adaptations, and re- protection under this chapter that is ex- ‘‘1419. Correction of errors in certificates. tracted or used.’’. ‘‘1420. Ownership and transfer. arrangements SEC. 503. CONFORMING AMENDMENT. ‘‘1421. Remedy for infringement. ‘‘Protection for a design under this chapter The table of chapters for title 17, United ‘‘1422. Injunctions. shall be available notwithstanding the em- States Code, is amended by adding at the end ‘‘1423. Recovery for infringement. ployment in the design of subject matter ex- the following: ‘‘1424. Power of court over registration. cluded from protection under section 1402 if the design is a substantial revision, adapta- ‘‘13. Misappropriation of Collections ‘‘1425. Liability for action on registration tion, or rearrangement of such subject mat- of Information ...... 1301’’. fraudulently obtained. ‘‘1426. Penalty for false marking. ter. Such protection shall be independent of SEC. 504. CONFORMING AMENDMENTS TO TITLE any subsisting protection in subject matter 28, UNITED STATES CODE. ‘‘1427. Penalty for false representation. employed in the design, and shall not be con- (a) DISTRICT COURT JURISDICTION.—Section ‘‘1428. Enforcement by Treasury and Postal Service . strued as securing any right to subject mat- 1338 of title 28, United States Code, is amend- ter excluded from protection under this ed— ‘‘1429. Relation to design patent law. ‘‘1430. Common law and other rights unaf- chapter or as extending any subsisting pro- (1) in the section heading by inserting tection under this chapter. ‘‘misappropriations of collections of informa- fected. tion,’’ after ‘‘trade-marks,’’; and ‘‘1431. Administrator; Office of the Adminis- ‘‘§ 1404. Commencement of protection (2) by adding at the end the following: trator. ‘‘The protection provided for a design ‘‘(d) The district courts shall have original ‘‘1432. No retroactive effect. under this chapter shall commence upon the jurisdiction of any civil action arising under ‘‘§ 1401. Designs protected earlier of the date of publication of the reg- istration under section 1413(a) or the date chapter 13 of title 17, relating to misappro- ‘‘(a) DESIGNS PROTECTED.— the design is first made public as defined by priation of collections of information. Such ‘‘(1) IN GENERAL.—The designer or other jurisdiction shall be exclusive of the courts owner of an original design of a useful article section 1410(b). of the States, except that any action against which makes the article attractive or dis- ‘‘§ 1405. Term of protection a State governmental entity may be brought tinctive in appearance to the purchasing or ‘‘(a) IN GENERAL.—Subject to subsection in any court that has jurisdiction over using public may secure the protection pro- (b), the protection provided under this chap- claims against such entity.’’. vided by this chapter upon complying with ter for a design shall continue for a term of (b) CONFORMING AMENDMENT.—The item re- and subject to this chapter. 10 years beginning on the date of the com- lating to section 1338 in the table of sections ‘‘(2) VESSEL HULLS.—The design of a vessel mencement of protection under section 1404. for chapter 85 of title 28, United States Code, hull, including a plug or mold, is subject to ‘‘(b) EXPIRATION.—All terms of protection is amended by inserting ‘‘misappropriations protection under this chapter, notwithstand- provided in this section shall run to the end of collections of information,’’ after ‘‘trade- ing section 1402(4). of the calendar year in which they would marks,’’. ‘‘(b) DEFINITIONS.—For the purpose of this otherwise expire. (c) COURT OF FEDERAL CLAIMS JURISDIC- chapter, the following terms have the follow- ‘‘(c) TERMINATION OF RIGHTS.—Upon expira- TION.—Section 1498(e) of title 28, United ing meanings: tion or termination of protection in a par- States Code, is amended by inserting ‘‘and to ‘‘(1) A design is ‘original’ if it is the result ticular design under this chapter, all rights protections afforded collections of informa- of the designer’s creative endeavor that pro- under this chapter in the design shall termi- tion under chapter 13 of title 17’’ after ‘‘chap- vides a distinguishable variation over prior nate, regardless of the number of different ter 9 of title 17’’. work pertaining to similar articles which is articles in which the design may have been SEC. 505. EFFECTIVE DATE. more than merely trivial and has not been used during the term of its protection. (a) IN GENERAL.—This title and the amend- copied from another source. ‘‘§ 1406. Design notice ments made by this title shall take effect on ‘‘(2) A ‘useful article’ is a vessel hull, in- ‘‘(a) CONTENTS OF DESIGN NOTICE.—(1) the date of the enactment of this Act, and cluding a plug or mold, which in normal use Whenever any design for which protection is shall apply to acts committed on or after has an intrinsic utilitarian function that is sought under this chapter is made public that date. not merely to portray the appearance of the under section 1410(b), the owner of the design (b) PRIOR ACTS NOT AFFECTED.—No person article or to convey information. An article shall, subject to the provisions of section shall be liable under chapter 13 of title 17, which normally is part of a useful article 1407, mark it or have it marked legibly with United States Code, as added by section 502 shall be deemed to be a useful article. a design notice consisting of— August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7089 ‘‘(A) the words ‘Protected Design’, the ab- port such article, except that merely pur- ‘‘(1) the name and address of the designer breviation ‘Prot’d Des.’, or the letter ‘D’ chasing or giving an order to purchase such or designers of the design; with a circle, or the symbol *D*; article in the ordinary course of business ‘‘(2) the name and address of the owner if ‘‘(B) the year of the date on which protec- shall not of itself constitute such induce- different from the designer; tion for the design commenced; and ment or collusion; or ‘‘(3) the specific name of the useful article ‘‘(C) the name of the owner, an abbrevia- ‘‘(2) refused or failed, upon the request of embodying the design; tion by which the name can be recognized, or the owner of the design, to make a prompt ‘‘(4) the date, if any, that the design was a generally accepted alternative designation and full disclosure of that person’s source of first made public, if such date was earlier of the owner. such article, and that person orders or reor- than the date of the application; Any distinctive identification of the owner ders such article after receiving notice by ‘‘(5) affirmation that the design has been may be used for purposes of subparagraph (C) registered or certified mail of the protection fixed in a useful article; and if it has been recorded by the Administrator subsisting in the design. ‘‘(6) such other information as may be re- before the design marked with such identi- ‘‘(c) ACTS WITHOUT KNOWLEDGE.—It shall quired by the Administrator. fication is registered. not be infringement under this section to The application for registration may include ‘‘(2) After registration, the registration make, have made, import, sell, or distribute, a description setting forth the salient fea- number may be used instead of the elements any article embodying a design which was tures of the design, but the absence of such specified in subparagraphs (B) and (C) of created without knowledge that a design was a description shall not prevent registration paragraph (1). protected under this chapter and was copied under this chapter. ‘‘(b) LOCATION OF NOTICE.—The design no- from such protected design. ‘‘(e) SWORN STATEMENT.—The application ‘‘(d) ACTS IN ORDINARY COURSE OF BUSI- tice shall be so located and applied as to give for registration shall be accompanied by a NESS.—A person who incorporates into that reasonable notice of design protection while statement under oath by the applicant or the person’s product of manufacture an infring- the useful article embodying the design is applicant’s duly authorized agent or rep- ing article acquired from others in the ordi- passing through its normal channels of com- resentative, setting forth, to the best of the nary course of business, or who, without merce. applicant’s knowledge and belief— ‘‘(c) SUBSEQUENT REMOVAL OF NOTICE.— knowledge of the protected design embodied ‘‘(1) that the design is original and was cre- When the owner of a design has complied in an infringing article, makes or processes ated by the designer or designers named in with the provisions of this section, protec- the infringing article for the account of an- the application; tion under this chapter shall not be affected other person in the ordinary course of busi- ‘‘(2) that the design has not previously by the removal, destruction, or obliteration ness, shall not be deemed to have infringed been registered on behalf of the applicant or by others of the design notice on an article. the rights in that design under this chapter the applicant’s predecessor in title; and ‘‘§ 1407. Effect of omission of notice except under a condition contained in para- graph (1) or (2) of subsection (b). Accepting ‘‘(3) that the applicant is the person enti- ‘‘(a) ACTIONS WITH NOTICE.—Except as pro- tled to protection and to registration under vided in subsection (b), the omission of the an order or reorder from the source of the in- fringing article shall be deemed ordering or this chapter. notice prescribed in section 1406 shall not If the design has been made public with the reordering within the meaning of subsection cause loss of the protection under this chap- design notice prescribed in section 1406, the (b)(2). ter or prevent recovery for infringement statement shall also describe the exact form under this chapter against any person who, ‘‘(e) INFRINGING ARTICLE DEFINED.—As used in this section, an ‘infringing article’ is any and position of the design notice. after receiving written notice of the design ‘‘(f) EFFECT OF ERRORS.—(1) Error in any article the design of which has been copied protection, begins an undertaking leading to statement or assertion as to the utility of from a design protected under this chapter, infringement under this chapter. the useful article named in the application without the consent of the owner of the pro- ‘‘(b) ACTIONS WITHOUT NOTICE.—The omis- under this section, the design of which is tected design. An infringing article is not an sion of the notice prescribed in section 1406 sought to be registered, shall not affect the shall prevent any recovery under section 1423 illustration or picture of a protected design protection secured under this chapter. against a person who began an undertaking in an advertisement, book, periodical, news- ‘‘(2) Errors in omitting a joint designer or leading to infringement under this chapter paper, photograph, broadcast, motion pic- in naming an alleged joint designer shall not before receiving written notice of the design ture, or similar medium. A design shall not affect the validity of the registration, or the protection. No injunction shall be issued be deemed to have been copied from a pro- actual ownership or the protection of the de- under this chapter with respect to such un- tected design if it is original and not sub- sign, unless it is shown that the error oc- dertaking unless the owner of the design re- stantially similar in appearance to a pro- curred with deceptive intent. imburses that person for any reasonable ex- tected design. ‘‘(g) DESIGN MADE IN SCOPE OF EMPLOY- penditure or contractual obligation in con- ‘‘(f) ESTABLISHING ORIGINALITY.—The party MENT.—In a case in which the design was nection with such undertaking that was in- to any action or proceeding under this chap- made within the regular scope of the design- curred before receiving written notice of the ter who alleges rights under this chapter in er’s employment and individual authorship design protection, as the court in its discre- a design shall have the burden of establish- of the design is difficult or impossible to as- tion directs. The burden of providing written ing the design’s originality whenever the op- cribe and the application so states, the name notice of design protection shall be on the posing party introduces an earlier work and address of the employer for whom the owner of the design. which is identical to such design, or so simi- design was made may be stated instead of lar as to make prima facie showing that such ‘‘§ 1408. Exclusive rights that of the individual designer. design was copied from such work. ‘‘(h) PICTORIAL REPRESENTATION OF DE- ‘‘The owner of a design protected under ‘‘(g) REPRODUCTION FOR TEACHING OR ANAL- SIGN.—The application for registration shall this chapter has the exclusive right to— YSIS.—It is not an infringement of the exclu- be accompanied by two copies of a drawing ‘‘(1) make, have made, or import, for sale sive rights of a design owner for a person to or other pictorial representation of the use- or for use in trade, any useful article em- reproduce the design in a useful article or in ful article embodying the design, having one bodying that design; and any other form solely for the purpose of or more views, adequate to show the design, ‘‘(2) sell or distribute for sale or for use in teaching, analyzing, or evaluating the ap- in a form and style suitable for reproduction, trade any useful article embodying that de- pearance, concepts, or techniques embodied which shall be deemed a part of the applica- sign. in the design, or the function of the useful tion. ‘‘§ 1409. Infringement article embodying the design. ‘‘(i) DESIGN IN MORE THAN ONE USEFUL AR- ‘‘(a) ACTS OF INFRINGEMENT.—Except as ‘‘§ 1410. Application for registration TICLE.—If the distinguishing elements of a provided in subjection (b), it shall be in- ‘‘(a) TIME LIMIT FOR APPLICATION FOR REG- design are in substantially the same form in fringement of the exclusive rights in a design ISTRATION.—Protection under this chapter different useful articles, the design shall be protected under this chapter for any person, shall be lost if application for registration of protected as to all such useful articles when without the consent of the owner of the de- the design is not made within two years protected as to one of them, but not more sign, within the United States and during after the date on which the design is first than one registration shall be required for the term of such protection, to— made public. the design. ‘‘(j) APPLICATION FOR MORE THAN ONE DE- ‘‘(1) make, have made, or import, for sale ‘‘(b) WHEN DESIGN IS MADE PUBLIC.—A de- or for use in trade, any infringing article as sign is made public when an existing useful SIGN.—More than one design may be included in the same application under such condi- defined in subsection (e); or article embodying the design is anywhere tions as may be prescribed by the Adminis- ‘‘(2) sell or distribute for sale or for use in publicly exhibited, publicly distributed, or trator. For each design included in an appli- trade any such infringing article. offered for sale or sold to the public by the cation the fee prescribed for a single design ‘‘(b) ACTS OF SELLERS AND DISTRIBUTORS.— owner of the design or with the owner’s con- shall be paid. A seller or distributor of an infringing arti- sent. cle who did not make or import the article ‘‘(c) APPLICATION BY OWNER OF DESIGN.— ‘‘§ 1411. Benefit of earlier filing date in for- shall be deemed to have infringed on a design Application for registration may be made by eign country protected under this chapter only if that per- the owner of the design. ‘‘An application for registration of a design son— ‘‘(d) CONTENTS OF APPLICATION.—The appli- filed in the United States by any person who ‘‘(1) induced or acted in collusion with a cation for registration shall be made to the has, or whose legal representative or prede- manufacturer to make, or an importer to im- Administrator and shall state— cessor or successor in title has, previously H7090 CONGRESSIONAL RECORD — HOUSE August 4, 1998 filed an application for registration of the shown in the records of the Office of the Ad- been originally issued in such corrected same design in a foreign country which ex- ministrator, a notice of the application, and form. tends to designs of owners who are citizens the owner shall have a period of 3 months ‘‘§ 1420. Ownership and transfer of the United States, or to applications filed after the date on which such notice is mailed ‘‘(a) PROPERTY RIGHT IN DESIGN.—The prop- under this chapter, similar protection to in which to present arguments to the Admin- erty right in a design subject to protection that provided under this chapter shall have istrator for support of the validity of the under this chapter shall vest in the designer, that same effect as if filed in the United registration. The Administrator shall also the legal representatives of a deceased de- States on the date on which the application have the authority to establish, by regula- signer or of one under legal incapacity, the was first filed in such foreign country, if the tion, conditions under which the opposing employer for whom the designer created the application in the United States is filed parties may appear and be heard in support design in the case of a design made within within 6 months after the earliest date on of their arguments. If, after the periods pro- the regular scope of the designer’s employ- which any such foreign application was filed. vided for the presentation of arguments have ment, or a person to whom the rights of the ‘‘§ 1412. Oaths and acknowledgments expired, the Administrator determines that designer or of such employer have been ‘‘(a) IN GENERAL.—Oaths and acknowledg- the applicant for cancellation has estab- transferred. The person in whom the prop- ments required by this chapter— lished that the design is not subject to pro- erty right is vested shall be considered the ‘‘(1) may be made— tection under this chapter, the Adminis- owner of the design. ‘‘(A) before any person in the United trator shall order the registration stricken ‘‘(b) TRANSFER OF PROPERTY RIGHT.—The States authorized by law to administer from the record. Cancellation under this sub- property right in a registered design, or a de- oaths; or section shall be announced by publication, sign for which an application for registration ‘‘(B) when made in a foreign country, be- and notice of the Administrator’s final deter- has been or may be filed, may be assigned, fore any diplomatic or consular officer of the mination with respect to any application for granted, conveyed, or mortgaged by an in- United States authorized to administer cancellation shall be sent to the applicant strument in writing, signed by the owner, or oaths, or before any official authorized to ad- and to the owner of record. may be bequeathed by will. minister oaths in the foreign country con- ‘‘§ 1414. Certification of registration ‘‘(c) OATH OR ACKNOWLEDGEMENT OF TRANS- cerned, whose authority shall be proved by a ‘‘Certificates of registration shall be issued FER.—An oath or acknowledgment under sec- certificate of a diplomatic or consular officer in the name of the United States under the tion 1412 shall be prima facie evidence of the of the United States; and seal of the Office of the Administrator and execution of an assignment, grant, convey- ‘‘(2) shall be valid if they comply with the shall be recorded in the official records of ance, or mortgage under subsection (b). laws of the State or country where made. the Office. The certificate shall state the ‘‘(d) RECORDATION OF TRANSFER.—An as- ‘‘(b) WRITTEN DECLARATION IN LIEU OF name of the useful article, the date of filing signment, grant, conveyance, or mortgage OATH.—(1) The Administrator may by rule of the application, the date of registration, under subsection (b) shall be void as against prescribe that any document which is to be and the date the design was made public, if any subsequent purchaser or mortgagee for a filed under this chapter in the Office of the earlier than the date of filing of the applica- valuable consideration, unless it is recorded Administrator and which is required by any tion, and shall contain a reproduction of the in the Office of the Administrator within 3 law, rule, or other regulation to be under drawing or other pictorial representation of months after its date of execution or before oath, may be subscribed to by a written dec- the design. If a description of the salient fea- the date of such subsequent purchase or laration in such form as the Administrator tures of the design appears in the applica- mortgage. may prescribe, and such declaration shall be tion, the description shall also appear in the ‘‘§ 1421. Remedy for infringement in lieu of the oath otherwise required. certificate. A certificate of registration shall ‘‘(a) IN GENERAL.—The owner of a design is ‘‘(2) Whenever a written declaration under be admitted in any court as prima facie evi- entitled, after issuance of a certificate of paragraph (1) is used, the document contain- dence of the facts stated in the certificate. registration of the design under this chapter, ing the declaration shall state that willful ‘‘§ 1415. Publication of announcements and to institute an action for any infringement false statements are punishable by fine or indexes of the design. imprisonment, or both, pursuant to section ‘‘(b) REVIEW OF REFUSAL TO REGISTER.—(1) 1001 of title 18, and may jeopardize the valid- ‘‘(a) PUBLICATIONS OF THE ADMINIS- TRATOR.—The Administrator shall publish Subject to paragraph (2), the owner of a de- ity of the application or document or a reg- sign may seek judicial review of a final re- istration resulting therefrom. lists and indexes of registered designs and cancellations of designs and may also pub- fusal of the Administrator to register the de- ‘‘§ 1413. Examination of application and issue lish the drawings or other pictorial represen- sign under this chapter by bringing a civil or refusal of registration tations of registered designs for sale or other action, and may in the same action, if the ‘‘(a) DETERMINATION OF REGISTRABILITY OF distribution. court adjudges the design subject to protec- DESIGN; REGISTRATION.—Upon the filing of an ‘‘(b) FILE OF REPRESENTATIVES OF REG- tion under this chapter, enforce the rights in application for registration in proper form ISTERED DESIGNS.—The Administrator shall that design under this chapter. under section 1410, and upon payment of the establish and maintain a file of the drawings ‘‘(2) The owner of a design may seek judi- fee prescribed under section 1416, the Admin- or other pictorial representations of reg- cial review under this section if— istrator shall determine whether or not the istered designs. The file shall be available for ‘‘(A) the owner has previously duly filed application relates to a design which on its use by the public under such conditions as and prosecuted to final refusal an applica- face appears to be subject to protection the Administrator may prescribe. tion in proper form for registration of the de- under this chapter, and, if so, the Register sign; ‘‘§ 1416. Fees shall register the design. Registration under ‘‘(B) the owner causes a copy of the com- this subsection shall be announced by publi- ‘‘The Administrator shall by regulation set plaint in the action to be delivered to the cation. The date of registration shall be the reasonable fees for the filing of applications Administrator within 10 days after the com- date of publication. to register designs under this chapter and for mencement of the action; and ‘‘(b) REFUSAL TO REGISTER; RECONSIDER- other services relating to the administration ‘‘(C) the defendant has committed acts in ATION.—If, in the judgment of the Adminis- of this chapter, taking into consideration respect to the design which would constitute trator, the application for registration re- the cost of providing these services and the infringement with respect to a design pro- lates to a design which on its face is not sub- benefit of a public record. tected under this chapter. ject to protection under this chapter, the Ad- ‘‘§ 1417. Regulations ‘‘(c) ADMINISTRATOR AS PARTY TO ACTION.— ministrator shall send to the applicant a no- ‘‘The Administrator may establish regula- The Administrator may, at the Administra- tice of refusal to register and the grounds for tions for the administration of this chapter. tor’s option, become a party to the action the refusal. Within 3 months after the date ‘‘§ 1418. Copies of records with respect to the issue of registrability of on which the notice of refusal is sent, the ap- the design claim by entering an appearance ‘‘Upon payment of the prescribed fee, any plicant may, by written request, seek recon- within 60 days after being served with the person may obtain a certified copy of any of- sideration of the application. After consider- complaint, but the failure of the Adminis- ficial record of the Office of the Adminis- ation of such a request, the Administrator trator to become a party shall not deprive trator that relates to this chapter. That copy shall either register the design or send to the the court of jurisdiction to determine that shall be admissible in evidence with the applicant a notice of final refusal to register. issue. same effect as the original. ‘‘(c) APPLICATION TO CANCEL REGISTRA- ‘‘(d) USE OF ARBITRATION TO RESOLVE DIS- TION.—Any person who believes he or she is ‘‘§ 1419. Correction of errors in certificates PUTE.—The parties to an infringement dis- or will be damaged by a registration under ‘‘The Administrator may, by a certificate pute under this chapter, within such time as this chapter may, upon payment of the pre- of correction under seal, correct any error in may be specified by the Administrator by scribed fee, apply to the Administrator at a registration incurred through the fault of regulation, may determine the dispute, or any time to cancel the registration on the the Office, or, upon payment of the required any aspect of the dispute, by arbitration. Ar- ground that the design is not subject to pro- fee, any error of a clerical or typographical bitration shall be governed by title 9. The tection under this chapter, stating the rea- nature occurring in good faith but not parties shall give notice of any arbitration sons for the request. Upon receipt of an ap- through the fault of the Office. Such reg- award to the Administrator, and such award plication for cancellation, the Administrator istration, together with the certificate, shall shall, as between the parties to the arbitra- shall send to the owner of the design, as thereafter have the same effect as if it had tion, be dispositive of the issues to which it August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7091 relates. The arbitration award shall be unen- amount shall be to compensate the defend- ‘‘§ 1431. Administrator; Office of the Adminis- forceable until such notice is given. Nothing ant and shall be charged against the plaintiff trator in this subsection shall preclude the Admin- and paid to the defendant, in addition to ‘‘In this chapter, the ‘Administrator’ is the istrator from determining whether a design such costs and attorney’s fees of the defend- Register of Copyrights, and the ‘Office of the is subject to registration in a cancellation ant as may be assessed by the court. Administrator’ and the ‘Office’ refer to the proceeding under section 1413(c). ‘‘§ 1426. Penalty for false marking Copyright Office of the Library of Congress. § 1422. Injunctions ‘‘(a) IN GENERAL.—Whoever, for the pur- ‘‘§ 1432. No retroactive effect ‘‘(a) IN GENERAL.—A court having jurisdic- pose of deceiving the public, marks upon, ap- ‘‘Protection under this chapter shall not be tion over actions under this chapter may plies to, or uses in advertising in connection available for any design that has been made grant injunctions in accordance with the with an article made, used, distributed, or public under section 1410(b) before the effec- principles of equity to prevent infringement sold, a design which is not protected under tive date of this chapter.’’. this chapter, a design notice specified in sec- of a design under this chapter, including, in SEC. 603. CONFORMING AMENDMENTS. its discretion, prompt relief by temporary re- tion 1406, or any other words or symbols im- (a) TABLE OF CHAPTERS.—The table of porting that the design is protected under straining orders and preliminary injunc- chapters for title 17, United States Code, is this chapter, knowing that the design is not tions. amended by adding at the end the following: ‘‘(b) DAMAGES FOR INJUNCTIVE RELIEF so protected, shall pay a civil fine of not WRONGFULLY OBTAINED.—A seller or distribu- more than $500 for each such offense. ‘‘14. Protection of Original Designs .... 1401’’. tor who suffers damage by reason of injunc- ‘‘(b) SUIT BY PRIVATE PERSONS.—Any per- (b) JURISDICTION OF DISTRICT COURTS OVER tive relief wrongfully obtained under this son may sue for the penalty established by DESIGN ACTIONS.—(1) Section 1338(c) of title section has a cause of action against the ap- subsection (a), in which event one-half of the 28, United States Code, is amended by insert- plicant for such injunctive relief and may re- penalty shall be awarded to the person suing ing ‘‘, and to exclusive rights in designs cover such relief as may be appropriate, in- and the remainder shall be awarded to the under chapter 14 of title 17,’’ after ‘‘title 17’’. cluding damages for lost profits, cost of ma- United States. (2)(A) The section heading for section 1338 terials, loss of good will, and punitive dam- ‘‘§ 1427. Penalty for false representation of title 28, United States Code, is amended by ages in instances where the injunctive relief ‘‘Whoever knowingly makes a false rep- inserting ‘‘designs,’’ after ‘‘mask works,’’. was sought in bad faith, and, unless the resentation materially affecting the rights (B) The item relating to section 1338 in the court finds extenuating circumstances, rea- obtainable under this chapter for the purpose table of sections at the beginning of chapter sonable attorney’s fees. of obtaining registration of a design under 85 of title 28, United States Code, is amended by inserting ‘‘designs,’’ after ‘‘mask works,’’. ‘‘§ 1423. Recovery for infringement this chapter shall pay a penalty of not less (c) PLACE FOR BRINGING DESIGN ACTIONS.— ‘‘(a) DAMAGES.—Upon a finding for the than $500 and not more than $1,000, and any rights or privileges that individual may have Section 1400(a) of title 28, United States claimant in an action for infringement under Code, is amended by inserting ‘‘or designs’’ this chapter, the court shall award the in the design under this chapter shall be for- feited. after ‘‘mask works’’. claimant damages adequate to compensate (d) ACTIONS AGAINST THE UNITED STATES.— for the infringement. In addition, the court ‘‘§ 1428. Enforcement by Treasury and Postal Section 1498(e) of title 28, United States may increase the damages to such amount, Service Code, is amended by inserting ‘‘, and to ex- not exceeding $50,000 or $1 per copy, which- ‘‘(a) REGULATIONS.—The Secretary of the clusive rights in designs under chapter 14 of ever is greater, as the court determines to be Treasury and the United States Postal Serv- title 17,’’ after ‘‘title 17’’. just. The damages awarded shall constitute ice shall separately or jointly issue regula- SEC. 604. EFFECTIVE DATE. compensation and not a penalty. The court tions for the enforcement of the rights set The amendments made by sections 602 and may receive expert testimony as an aid to forth in section 1408 with respect to importa- 603 shall take effect one year after the date the determination of damages. tion. Such regulations may require, as a con- of the enactment of this Act. ‘‘(b) INFRINGER’S PROFITS.—As an alter- dition for the exclusion of articles from the native to the remedies provided in sub- United States, that the person seeking exclu- The SPEAKER pro tempore. Pursu- section (a), the court may award the claim- sion take any one or more of the following ant to the rule, the gentleman from ant the infringer’s profits resulting from the actions: North Carolina (Mr. COBLE) and the sale of the copies if the court finds that the ‘‘(1) Obtain a court order enjoining, or an gentleman from Massachusetts (Mr. infringer’s sales are reasonably related to order of the International Trade Commission FRANK) each will control 20 minutes. the use of the claimant’s design. In such a under section 337 of the Tariff Act of 1930 ex- The Chair recognizes the gentleman case, the claimant shall be required to prove cluding, importation of the articles. from North Carolina (Mr. COBLE). only the amount of the infringer’s sales and ‘‘(2) Furnish proof that the design involved the infringer shall be required to prove its is protected under this chapter and that the GENERAL LEAVE expenses against such sales. importation of the articles would infringe Mr. COBLE. Madam Speaker, I ask ‘‘(c) STATUTE OF LIMITATIONS.—No recovery the rights in the design under this chapter. unanimous consent that all Members under subsection (a) or (b) shall be had for ‘‘(3) Post a surety bond for any injury that may have 10 legislative days within any infringement committed more than 3 may result if the detention or exclusion of which to revise and extend their re- years before the date on which the complaint the articles proves to be unjustified. marks on the bill under consideration. is filed. ‘‘(b) SEIZURE AND FORFEITURE.—Articles ‘‘(d) ATTORNEY’S FEES.—In an action for in- imported in violation of the rights set forth The SPEAKER pro tempore. Is there fringement under this chapter, the court in section 1408 are subject to seizure and for- objection to the request of the gen- may award reasonable attorney’s fees to the feiture in the same manner as property im- tleman from North Carolina? prevailing party. ported in violation of the customs laws. Any There was no objection. ‘‘(e) DISPOSITION OF INFRINGING AND OTHER such forfeited articles shall be destroyed as Mr. COBLE. Madam Speaker, I ask ARTICLES.—The court may order that all in- directed by the Secretary of the Treasury or unanimous consent that the gentleman fringing articles, and any plates, molds, pat- the court, as the case may be, except that from Virginia (Mr. BLILEY), the chair- terns, models, or other means specifically the articles may be returned to the country adapted for making the articles, be delivered man of the Committee on Commerce, of export whenever it is shown to the satis- be allowed to control 10 of my 20 min- up for destruction or other disposition as the faction of the Secretary of the Treasury that court may direct. the importer had no reasonable grounds for utes. ‘‘§ 1424. Power of court over registration believing that his or her acts constituted a The SPEAKER pro tempore. Is there ‘‘In any action involving the protection of violation of the law. objection to the request of the gen- a design under this chapter, the court, when ‘‘§ 1429. Relation to design patent law tleman from North Carolina? appropriate, may order registration of a de- ‘‘The issuance of a design patent under There was no objection. sign under this chapter or the cancellation of title 35 for an original design for an article of Mr. COBLE. Madam Speaker, I yield such a registration. Any such order shall be manufacture shall terminate any protection myself such time as I may consume. certified by the court to the Administrator, of the original design under this chapter. Oftentimes when significant legislation who shall make an appropriate entry upon ‘‘§ 1430. Common law and other rights unaf- comes to the floor, it is described as the record. fected landmark legislation. At the risk of ‘‘§ 1425. Liability for action on registration ‘‘Nothing in this chapter shall annul or being presumptuous and immodest, I fraudulently obtained limit— think this may well indeed be land- ‘‘Any person who brings an action for in- ‘‘(1) common law or other rights or rem- mark legislation. fringement knowing that registration of the edies, if any, available to or held by any per- This bill will implement two treaties design was obtained by a false or fraudulent son with respect to a design which has not representation materially affecting the been registered under this chapter; or which are extremely important to en- rights under this chapter, shall be liable in ‘‘(2) any right under the trademark laws or sure the adequate protection for Amer- the sum of $10,000, or such part of that any right protected against unfair competi- ican works in countries around the amount as the court may determine. That tion. world, particularly at a time when the H7092 CONGRESSIONAL RECORD — HOUSE August 4, 1998 digital environment now allows users have worked on this and come up with has ever existed in the world. The level to send and retrieve perfect copies of what I believe is a very good set of so- of freedom of expression which Ameri- copyrighted material over the Internet. lutions. cans enjoy is very, very profound, and While digital dissemination of copies I note that because I do think the that is very important to us. will benefit owners and consumers, it public is entitled to know that the por- The problem is we have had two doc- will unfortunately also facilitate pi- trayals of the Congress in general, the trines of freedom of expression. We rates who aim to destroy the value of Committee on the Judiciary in particu- have had one which covered all speech American intellectual property. In lar as somehow the set of a Three and written speech, newspapers, maga- compliance with the treaties, H.R. 2281 Stooges movie or the scene of ferocious zines, theater, billboards; that has been makes it unlawful to defeat techno- battles simply is not true. One of the very free. logical protections used by copyright problems we have today is that there is Beginning in the 1930s when radio owners to protect their works, includ- an inattention on the part of our came to play, we started a new form of ing preventing unlawful access and tar- friends in the media to what is the ac- speech, and that was speech electroni- geting devices made to circumvent tual business of this place. I think it is cally transmitted. And because we encrypted copyrighted material. It also important for people to understand. started with a limited spectrum, be- makes it unlawful to deliberately alter These are very serious issues that had cause we started with physical limita- or delete information provided by a to be dealt with, conflicting values. tions on the amount of speech that copyright owner which identifies a For example, many of us feel very could go out, we began with electroni- work, its owners, and its permissible strongly on the need to protect intel- cally-communicated speech in the 1930s use. lectual property. If we do not see that to develop a parallel doctrine which H.R. 2281, Madam Speaker, is a com- authors and composers and singers and gave less protection to speech elec- prehensive copyright bill that adds musicians and other creative people tronically transmitted. Over time we substantial value to our copyright law. are rewarded for their work, not only is had a tradition of constitutionally very It represents five years of research, de- that unfair, to many of us, but the protected speech, and then speech bate, hearings and negotiations. It is amount of work we get will diminish. transmitted electronically that was only the beginning of Congress’ evalua- b 1345 less protected. tion of the impact of the digital age on The problem here is that as this soci- There may be some people fortunate copyrighted works. Although it is just ety goes forward, an increasingly high enough to be able to create out of love a beginning, it is essential to maintain percentage of what we say to each without regard to compensation. We the United States’ position as the other will be electronically transmit- cannot depend only on the independ- world leader in the protection of intel- ted through E-mail and through other ently wealthy to be our creative peo- lectual property in the digital environ- ways. It seems to me important for us ple. It is important for us as a vibrant ment. to reverse this notion that electroni- society to sustain that, and one way to H.R. 2281 also represents the collec- cally-transmitted speech is entitled to sustain that is to recognize the prop- tive efforts of many. In particular I a lesser degree of protection in the area erty that people have in the product of want to commend the gentleman from of freedom of expression than all other their intellectual labors, their creative Illinois (Mr. HYDE), the chairman of forms of speech or we will be, 30 years the Committee on the Judiciary; the intellectual labors. from now, a less free society. That has That was, to some extent, threatened gentleman from Michigan (Mr. Con- application to legislation of various by modern technology, by techno- yers), the ranking member of the Com- kinds, and we will deal with that in an- logical change which makes it easier mittee on the Judiciary; and the gen- other context. for that minority of people who do not tleman from Massachusetts (Mr. But one of the things that was a po- respect others’ intellectual property to FRANK), the ranking member of the tential danger here was that by pro- steal it because of the collection of Subcommittee on Courts and Intellec- tecting intellectual property, a very technology we now use, the short end tual Property. important job, we would have imposed of the Internet. What we wanted to do H.R. 2281, Madam Speaker, in my on the on-line service providers such a was to come up with ways to adapt the opinion is necessary legislation to en- degree of liability as, in fact, to dimin- protection of intellectual property to a sure the protection of copyrighted ish to some extent the freedom they modern technological era without un- works as the world moves into the digi- felt in presenting things. duly diminishing people’s rights to tal environment. I urge its passage. What I am most happy about in this Madam Speaker, I reserve the bal- enjoy things. We do not want to pre- bill is I think we have hit about the ance of my time. vent the public from having the enjoy- right balance. We have hit a balance Mr. FRANK of Massachusetts. ment of these products. which fully protects intellectual prop- Madam Speaker, I have one thing Madam Speaker, I yield myself such erty, which is essential to the creative that bothered me in particular, and I time as I may consume. life of America, to the quality of our am pleased that this bill addresses it in Madam Speaker, I first want to note life, because if we do not protect the a reasonable way because there was no that this is a matter that the Commit- creators, there will be less creation. guarantee that it would. tee on the Judiciary has been working But at the same time we have done this on for some time. It then went, under One of the things we do here is to say: in a way that will not give to the peo- our rules, to the Committee on Com- ple in the business of running the on- merce. Both committees and indeed ‘‘If you are an on-line service provider, if you are responsible for the production of all line service entities and running Inter- both parties in both committees bring of this out to the public, you will not be held net, it will not give them either an in- this bill forward. I note that because automatically responsible if someone mis- centive or an excuse to censor. people who have been unduly addicted uses the electronic airway you provide to No bill is perfect. There are some to the media would not, I think, have steal other people’s property. tensions here. This will go to con- an understanding of what has been hap- There is a balance here. We want to ference, and then there will be room for pening. We have here some very com- protect property, but we do not want to some further changes. plex issues dealing with the economy deter people from making this widely But for achieving that essential bal- and how we adapt some fundamental available. We have a problem here of ance I am very pleased, and I want to principles, intellectual property prin- making sure that intellectual property note again the two committees of this ciples which are very important to us, is protected, but we do not want free- House and the parties represented in to modern technology. There were dom of expression impinged upon. both committees worked very closely some sharp disagreements. There were Madam Speaker, I found that par- together to bring forward legislation some conflicting and competing values, ticularly important for this reason, without rancor, without partisanship, as is often the case. What has happened and I think this is a point that I want in fact serving very well the needs of is for a period of some time, first in the very much to stress: this country. Committee on the Judiciary and then We live in as free a society from the Madam Speaker, I reserve the bal- in the Committee on Commerce, people standpoint of expression as I believe ance of the time. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7093 Mr. BLILEY. Madam Speaker, I yield guide the debate on copyright in the digital technological locking device designed to pre- myself 2 minutes. universe. As Congress fashions ways to pro- vent unauthorized copying. (Mr. BLILEY asked and was given tect commercial interests in the digital This debate over the ‘‘anti-circumvention’’ provision is now the main item of disagree- permission to revise and extend his re- realm, it must be careful also to protect the larger public interest in broad access to in- ment between versions of the copyright bill marks and include extraneous mate- formation. produced by the Judiciary and Commerce rial.) Digital copyright legislation, required to committees. (The Senate passed copyright Mr. BLILEY. Madam Speaker, I rise institute two international treaties that legislation in May.) Those who expect mov- in support of H.R. 2281, and would like would protect movies, music and other intel- ies, songs, software and even books to be to begin by commending my good lectual property from piracy, passed the Sen- eventually delivered mainly over the Inter- friend and colleague, the gentleman ate and the House Judiciary Committee this net want to make sure that this will not mean widespread unauthorized copying and from Illinois (Mr. HYDE), the chairman spring. But controversy continues to swirl around a provision in the legislation that the subsequent collapse of any market for of the House Committee on the Judici- the work. (Newspapers, as creators of copy- ary, and his very able subcommittee would make it a crime to circumvent encryption used to control access to digital righted material, have an interest here as chairman, the gentleman from Greens- material or to manufacture or sell devices well.) They picture every piece of intellec- boro, North Carolina (Mr. COBLE), the that could be used to circumvent protection tual property being distributed with some chairman of the Subcommittee on measures. kind of ‘‘lock’’ that would permit, say, just Courts and Intellectual Property of the Movie and music producers argue that one viewing of a downloaded movie. It’s the Committee on the Judiciary. making circumvention illegal is the only disabling of this lock that would be made a And I would also like to thank two way to prevent consumer theft of on-line crime, except in specified circumstances. movies, recordings and other products. But There’s room for doubt whether it makes members of the Committee on Com- sense to make the lock-breaking a crime merce in addition to my ranking mem- libraries and schools believe that the prohi- bition is so broad that it could greatly limit here rather than merely, as till now, the ac- ber, the gentleman from Michigan (Mr. access to electronic information that copy- tual copyright violation. But the real prob- DINGELL), but I would also like to right law would otherwise allow. lem is more pragmatic. This ‘‘transition to a thank the gentleman from Wisconsin Existing law assures producers the right to pay-per-view world,’’ as one enthusiastic movie distributor put it, works fine for the (Mr. KLUG) and the gentleman from profit from their creative works. But the law does not allow a creator to control who looks entertainment industries and the commer- Virginia (Mr. BOUCHER) whom I believe cial market. Where it doesn’t work is in li- through their work have improved this at the material or prevent the material from being circulated or lent to others. It specifi- braries and other places where use of books legislation. It is because of the stead- and research material is not pay-per-view cally allows the ‘‘fair use’’ of copyrighted but, till now, free. fast commitment to enacting this im- materials for commentary, criticism, teach- portant legislation that we are here Libraries are worried that the ‘‘fair use’’ ing, news reporting, scholarship and research exemption that allows limited use of copy- today on the brink of enactment. under certain circumstances without permis- I would like to thank the gentleman righted material without permission for such sion from the copyright owner. purposes as comment, criticism, education from Massachusetts (Mr. FRANK), the Thus a library can purchase a book, allow or research—though technically unchanged ranking member of the subcommittee, hundreds of patrons to borrow it and let in the law—would become sharply limited in for his work, as well as the gentleman teachers make copies of material in it for practice if all material were distributed with from Massachusetts (Mr. MARKEY) for classroom use, all without infringing the ‘‘locks’’ and libraries were prohibited from his contributions. It shows that we can copyright. Preserving these user rights is ‘‘unlocking’’ it. What happens, they ask if a important in the digital world where copy- work together and we can achieve very chart of environmental data that now can be right owners, with the right technology, photocopied for use in a class were made important legislation. could limit or prevent access to information. As my colleagues know, Madam available only on a CD from which printouts The content producers dismiss fears that can’t be made? What if research journals are Speaker, with the growth of electronic the Internet could become a strictly pay-for- provided to libraries on a pay-per-view basis commerce having such a profound ef- use world as unrealistic, but neither they that keeps independent researchers from fect on the economy, the Committee on nor Congress can predict how the Internet making photocopies for their own use? Commerce has been engaged in a wide- will develop. That is why legislation needs to Language in the Commerce bill sought to ranging review of the subject, includ- be flexible enough to deal with rapid evo- address this problem by creating a manda- lution in technology and electronic com- ing the issues raised by H.R. 2281. The tory review every two years of the provi- merce. sion’s effect on ‘‘fair use’’ in various con- Committee on Commerce’s version of A prudent compromise approved by the texts. On the floor or in conference, these this bill strikes an appropriate balance House Commerce Committee last week protections from a permanent ‘‘pay-per-re- between the goal of promoting elec- would delay the anti-circumvention rule for view world’’ ought to be maintained. tronic commerce and the interests of two years while the Commerce Department As the Chairman of the Committee which copyright owners. and the Federal patent and copyright offi- cers study the effect of the prohibition on was principally responsible for rewriting H.R. Let me specifically highlight two of 2281 and eliminating the most harmful aspects the most important changes that the users. The Commerce Secretary could waive the rule for any class of works where techno- of the bill as proposed by the Administration, Committee on Commerce added to the logical shields were impeding the lawful use I want to share with my colleagues the Com- bill before us today: of copyrighted matter. The situation would mittee's perspective on the scope of this legis- First, the Committee on Commerce be reviewed every two years. Both the con- lation and to note, where appropriate, the in- included a strong fair use provision to tent producers and the libraries and schools stances in which we sought to clarify the bills ensure that consumers as well as li- are willing to accept this more fluid ap- as reported by the Committee on the Judiciary braries and institutions of higher proach. Congress should adopt this plan in and as approved by the Senate. learning will be able to continue to ex- the final version of the digital copyright leg- As noted at the outset, the Committee has islation. ercise their historical fair use rights. been engaged in a wide-ranging review of all The bill before us today contains the [From The Washington Post, Aug. 4, 1998] the issues affecting the growth of electronic substance of the Committee on Com- A PAY-PER-VIEW WORLD commerce. Our Committee has a long-stand- merce provision on fair use, and I am ing, well-established role in assessing the im- pleased to say that major newspapers Congress has been trying for most of this year to ratify the international treaties that pact of possible changes in law on the use such as the New York Times and the are supposed to bring copyright law into the and availability of the products and services Washington Post have strongly en- digital age. It’s been a large and complicated that have made our information technology in- dorsed the Committee on Commerce’s endeavor, requiring people to rethink such dustry the envy of the world. We therefore language on fair use. fundamental aspects of intellectual property paid particular attention to the potential harm- Madam Speaker, I include those edi- rights as what constitutes ‘‘copying’’ in a ful impacts on electronic commerce of the bill torials following my statement in the digital environment (is it copying a docu- as reported by the Committee on the Judici- RECORD. ment just to read it on your computer? To ary. The editorials referred to are as fol- print it out to read later?) and when such Today, the U.S. information technology in- lows: copying represents a copyright violation. But the major snag is none of these weighty dustry is developing exciting new products to [From the New York Times, July 24, 1998] issues but, rather, a fierce face-off between enhance the lives of individuals throughout the PROTECTING DIGITAL COPYRIGHTS libraries and big-time copyright-holding in- world, and our telecommunications industry is Traditional copyright concepts that have terests over a seemingly minor provision developing new means of distributing informa- served this nation well for centuries should that would make it a crime to break any tion to these consumers in every part of the H7094 CONGRESSIONAL RECORD — HOUSE August 4, 1998 globe. In this environment, the development of Section 1201(a)(1) is one of the most impor- protection measures for purposes of gaining new laws and regulations could well have a tant provisions of this legislation, and one that access to a work. This provision is not aimed profound impact on the growth of electronic must be included in any version of this bill at products that are capable of commercially commerce. eventually sent to the President for signature. significant noninfringing uses, such as the In recognition of these developments and as It was crafted by the Commerce Committee to consumer electronics, telecommunications, part of the effort to begin updating national protect ``fair use'' and other users of informa- and computer productsÐincluding video- laws for the digital era, delegates from over tion now lawful under the Copyright Act. Let cassette recorders, telecommunications 150 countries (including the United States) us make no mistake about the scope of what switches, personal computers, and serversÐ convened in December 1996 to negotiate two we are doing here today in adopting H.R. used by businesses and consumers everyday separate treaties under the auspices of the 2281, about the tremendously powerful new for perfectly legitimate purposes. Moreover, as World Intellectual Property Organization: the right to control access to information that we section 1201(c)(3) makes clear, such a device Copyright Treaty and the Performance and are granting to information owners for the very does not need to be designed or assembled, Phonograms Treaty. In July 1997, the Clinton first time. or parts or components for inclusion in a de- Administration submitted the treaties to the If left unqualified, this new right, as the vice be designed, selected, or assembled, so Senate for ratification and submitted proposed Commerce Committee heard in testimony from as affirmatively to accommodate or respond to implementing legislation to both the House the public and private sectors alike, could well any particular technological measure. and the Senate. The Committee on the Judici- prove to be the legal foundation for a society Section 2101(a)(3) of H.R. 2281 defines cer- ary largely reported out the bill as proposed by in which information becomes available only tain terms used throughout Section 1201(a). the Administration. on a ``pay-per-use'' basis. That's why this bill As we made clear in our report, the measures In holding hearings, it became apparent to assures that institutions like schools and librar- that would be deemed to ``effectively control our Committee that this and the Senate ver- ies, and the public, will have an opportunity in access to a work'' would be those based on sion of the legislation contained serious flaws. a credible and permanent process to make the encryption, scrambling, authentication, or Not surprisingly, these bills were opposed by case that the new right we've adopted is inter- some other measure which requires the use of significant private and public sector interests, fering with fair use and other rights now en- a ``key'' provided by a copyright owner to gain including libraries, institutions of higher learn- joyed by information users under current law. access to a work. Section 2101(b)(1) of H.R. 2281 makes it il- ing, consumer electronics and computer prod- Moreover, the Commerce Committee's report, legal to manufacture, import, offer to the pub- uct manufacturers, and others with a vital I note for the record makes clear that the lic, provide, or otherwise traffic in any tech- stake in the growth of electronic commerce. It showing that must be made in this process is nology, product, service, device, component, also became apparent that the main provi- not intended to be unduly burdensome for ei- or part thereof that is primarily designed or sions of the treaties to be implemented have ther institutions or the public. Indeed, the produced for the purpose of circumventing a little to do with copyright law. In fact, the ``anti- Committee took pains to make clear that evi- protection measure that protects certain rights circumvention'' provisions of the Administra- dence of loss of access to a ``particular class of copyright owners under title 17, United tion's bill created entirely new rights for con- of works''Ðintended to be gauged narrowlyÐ States Code; has only limited commercially would result in relief from the prohibition other- tent providers that are wholly divorced from significant purposes or uses other than to cir- wise imposed on access to information by this copyright law. These new provisions (and the cumvent such a measure; or is marketed for accompanying penalty provisions for violations legislation. use in circumventing such a measure. The That's also whyÐin express recognition of of them) would be separate from, and cumu- Committee believes it is very important to em- the importance of the Commerce Committee's lative to, the claims available to copyright own- phasize that this section, like section workÐtoday's Washington Post carries an edi- ers under the Copyright Act. 1201(a)(2), is aimed fundamentally at outlaw- In carrying out its responsibilities under the torial urging that ``on the floor, or in con- ing so-called ``black boxes'' that are expressly ference, these protections from a permanent Constitution. Congress has historically regu- intended to facilitate circumvention of protec- `pay-per-view world ought to be maintained.' '' lated the use of informationÐnot the devices tion measures. Thus, this section similarly Copyright law is not just about protecting infor- or means by which information is delivered or would not outlaw the manufacturing, importing, used by information consumersÐand has en- mation. It's just as much about affording rea- or distributing of standard videocassette re- sured an appropriate balance between the in- sonable access to it as a means of keeping corders and computer products. terests of copyright owners and information our democracy healthy and doing what the Section 1201(b)(2) of H.R. 2281 defines im- users. Section 106 of the Copyright Act of Constitution says copyright law is all about: portant phrases, including when a protection 1976, for example, establishes certain rights promoting ``Progress in Science and the useful measure ``effectively protects a right of a copy- copyright owners have in their works, including Arts.'' If this bill ceases to strike that balance, right owner under title 17, United States limitations on the use of these works without it will no longer deserve Congress' or the Code.'' In our view, the measures that would their authorization. Sections 107 through 121 public's support. be deemed to ``effectively'' protect such rights of the Copyright Act set forth the cir- Section 1201(a)(2) makes it illegal to manu- would be those based on encryption, scram- cumstances in which such uses are deemed facture, import, offer to the public, provide, or bling, authentication, or some other measure lawful even though unauthorized. otherwise traffic in any technology, product, which requires the use of a ``key'' to copy a In general, all of these provisions are tech- service, device, component, or part thereof work. nology neutral. They do not regulate com- that is primarily designed or produced for the With respect to the effectiveness of the merce in information technology, i.e., products purpose of circumventing a technological measures covered by the legislation, the Com- and devices for transmitting, storing, and using measure that effectively controls access to mittee stressed in its report that those meas- information. Instead, they prohibit certain ac- certain works; has only limited commercially ures that cause noticeable and recurring ad- tions and create exceptions to permit certain significant purposes or uses other than to cir- verse effects on the authorized display or per- conduct deemed to be in the greater public in- cumvent such a measure; or is marketed for formance of works should not be deemed to terest, all in a way that balances the interests use in circumventing such a measure. Section be effective. Given our keen interest in the de- of copyright owners and users of copyrighted 1201(b)(1) similarly makes it illegal to manu- velopment of new products, in particular digital works. facture, import, offer to the public, provide, or television monitors, the Committee is particu- In writing its bill, the Committee sought to otherwise traffic in any technology, product, larly concerned that the introduction of such preserve that tradition. We worked hard to re- service, device, component, or part thereof measures not frustrate consumer expectations duce the risk that enactment of H.R. 2281 that is primarily designed or produced for the and that this legislation not be interpreted to in could establish the legal framework that would purpose of circumventing a protection meas- any way limit the authority of manufacturers inexorably create a ``pay-per-use'' society. In ure that protects certain rights of copyright and retailers to address the legitimate con- short, the Committee endeavored to specify, owners under title 17, United States Code; cerns of their customers. with as much clarity as possible, how the anti- has only limited commercially significant pur- Based on prior experience, the Committee circumvention right in particular would be poses or uses other than to circumvent such on Commerce was concerned that manufac- qualified to maintain balance between the in- a measure; or is marketed for use in cir- turers, retailers, and consumers may be ad- terests of content creators and information cumventing such a measure. versely affected by the introduction of some users. In our report, the Committee stressed that technological measures and systems for pre- The Committee considered it particularly im- section 1201(a)(2) is aimed fundamentally at serving copyright management information. In portant to ensure that the concept of fair use outlaying so-called ``black boxes'' that are ex- fact, the Committee learned as part of its re- would remain firmly established in the law. pressly intended to facilitate circumvention of view of H.R. 2281 that, as initially proposed, a August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7095 proprietary copy protection scheme that is belief that product manufacturers should re- ment is included in the bill we are con- today widely used to protect analog motion main free to design and produce consumer sidering today. No one is happier, ex- pictures could have caused significant view- electronics, telecommunications, and comput- cept maybe those in each community ability problems, including noticeable artifacts, ing products without the threat of incurring li- who spent countless hours and a great with certain television sets until it was modified ability for their design decisions. Imposing de- deal of effort trying to reach agree- with the cooperation of the consumer elec- sign requirements on product and component ment, than I am with the agreement tronics industry. manufacturers would have a dampening effect contained in this bill. As advances in technology occur, consum- on innovation, on the research and develop- Madam Speaker, this is a critical ers will enjoy additional benefits if devices are ment of new products, and hence on the able to interact and share information. Achiev- issue to the development of the Inter- growth of electronic commerce. net, and I believe that both sides in ing interoperability in the consumer electronics As the hearing record demonstrates, there this debate need each other. If Ameri- environment will be a critical factor in the is a fundamental difference between a device growth of electronic commerce. In our view, that does not respond to a protection measure ca’s creators do not believe that their manufacturers, consumers, retailers, and and one that affirmatively removes such a works will be protected when they put servicers should not be prevented from cor- measure. Section 1202(c)(3) is intended to them on-line, then the Internet will recting an interoperability problem resulting make clear that nothing in section 1201 re- lack the creative content it needs to from a protection measure causing one or quires that the design of, or design and selec- reach its true potential; and if Ameri- more devices in the home or in a business to tion of parts and components for, a consumer ca’s service providers are subject to fail to interoperate with other technologies. electronics, telecommunications, or computing litigation for the acts of third parties Under the bill under consideration today, product provide for a response to any particu- at the drop of a hat, they will lack the nothing would make it illegal for a manufac- lar technological measure that might be used incentive to provide quick and suffi- turer of a product or device (to which section to control access to or the copying of a work cient access to the Internet. 1201 would otherwise apply) to design or protected under title 17, United States Code. The provisions of H.R. 2281 will allow modify the product or device solely to the ex- Of course, this provision is not intended to the Internet to flourish and I believe tent necessary to mitigate a frequently occur- create a loophole to remove from the proscrip- will prove to be a win-win not only for ring and noticeable adverse effect on the au- tions of section 1201 devices, or components both sides, but for consumers and thorized performance or display of a work that or parts thereof, that circumvent by, for exam- Internet users throughout the Nation. is caused by a protection measure in the ordi- ple, affirmatively decrypting an encrypted work nary course of its design and operation. Simi- I would also like to discuss the im- or descrambling a scrambled work. portance of the World Intellectual larly, recognizing that a technological measure Mr. BLILEY. Madam Speaker, I re- Property Organization treaties and may cause a problem with a particular device, serve the balance of my time. or combination of devices, used by a con- Mr. COBLE. Madam Speaker, I yield this accompanying implementing legis- lation which are critical to protecting sumer, it is our view that nothing in the bill 31⁄2 minutes to the gentleman from Vir- should be interpreted to make it illegal for a ginia (Mr. GOODLATTE) a member of the U.S. copyrights overseas. retailer or individual consumer to modify a subcommittee and the full committee. The United States is the world leader product or device solely to the extent nec- (Mr. GOODLATTE asked and was in intellectual property. We export bil- essary to mitigate a noticeable adverse effect given permission to revise and extend lions of dollars worth of creative works on the authorized performance or display of a his remarks.) every year in the form of software work that is communicated to or received by Mr. GOODLATTE. Madam Speaker, I books, tapes, videotapes and records. that particular product or device if that adverse rise today in support of H.R. 2281, the Our ability to create so many quality effect is caused by a protection measure in World Intellectual Property Organiza- products has become a bulwark of our the ordinary course of its design and oper- tion Copyright Treaties Implementa- national economy, and it is vital that ation. I might add that nothing in section 1202 tion Act. I would like to thank the gen- copyright protection for these products makes it illegal for such a person to design or tleman from North Carolina (Mr. not stop at our borders. International modify a product or device solely to the extent COBLE) and the gentleman from Illinois protection of U.S. copyrights will be of necessary to mitigate a frequently occurring (Mr. HYDE), as well as the gentleman tremendous benefit to our economy, and noticeable adverse effect on the author- from Virginia (Mr. BLILEY) and the but we need to ratify the WIPO treaties ized performance or display of a work that is gentleman from Massachusetts (Mr. for this to happen. FRANK) for their leadership on this caused by the use of copyright management I would like to state for the record information. issue. I wish to stress that I and other Members of Additionally, I would like to thank my understanding that sections the Committee on Commerce believe that the the gentleman from North Carolina 102(a)(2) and 102(b)(1) of this bill are not affected industries should be able to work to- (Mr. COBLE) for asking me to lead the intended to address computer system gether to avoid such problems. We know that negotiations between the various par- security, such as devices used to crack multi-industry efforts to develop copy control ties on the issue of on-line service pro- into computer security systems such as technologies that are both effective and avoid vider liability for copyright infringe- firewalls or discover log-on passwords such noticeable and recurring adverse effects ment which is included in this impor- that protect an entire system. The ban have been underway over the past two years. tant bill. Madam Speaker, the issue of contained in these provisions is in- We strongly encourage the continuation of liability for on-line copyright infringe- tended to cover circumvention devices those efforts, which should offer substantial ment, especially where it involves aimed at technological protection benefits to copyright owners in whose interest third parties, is difficult and complex. measures that protect particular works it is to achieve the introduction of effective For me personally this issue is not a covered under Title 17 such as movies, protection (and copyright management infor- new one. During the 104th Congress songs or computer programs. Unau- mation) measures that do not interfere with then-Chairman Carlos Moorhead asked thorized hacking into computer pro- the normal operations of affected products. me to lead negotiations between the grams is already covered by other laws. We look forward to working with interested parties. Although I held numerous This bill is critical not only because parties to the extent additional legislation is re- meetings involving members of the it will allow the Internet to flourish quired to implement such technologies or to content community and members of but also because it ensures that Amer- avoid their circumvention. the service provider community, unfor- ica will remain the world leader in the As the Chairman of the Committee that tunately we were not able to resolve development of intellectual property. I eliminated the inherent ambiguity in the Sen- this issue. urge each of my colleagues to support ate's version of this legislation, I also want to At the beginning of the 105th Con- this legislation. put section 1201(c)(3) in context. It provides gress the gentleman from North Caro- that nothing in section 1201 requires that the lina (Mr. COBLE) asked me to again Mr. FRANK of Massachusetts. design of, or design and selection of parts and lead the negotiations between the par- Madam Speaker, I yield 4 minutes to components for, a consumer electronics, tele- ties on this issue. After a great deal of the gentleman from Virginia (Mr. BOU- communications, or computer product provide meetings and negotiation sessions, the CHER). for a response to any particular protection copyright community and the service (Mr. BOUCHER asked and was given measure. We specifically modified the Senate provider community were able to suc- permission to revise and extend his re- version of this provision because of our strong cessfully reach agreement. That agree- marks.) H7096 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Mr. BOUCHER. Madam Speaker, I tered the intricate details of this com- In February, 1993, the Administration thank the gentleman from Massachu- plex subject and has produced a bal- formed the Information Infrastructure Task setts (Mr. FRANK) for yielding this time anced result. I want to offer my con- Force to implement Administration policies to me, and I am pleased to rise today in gratulations to all who have been in- regarding the emergence of the Internet and support of the passage of H.R. 2281, volved in that outstanding effort. other digital technologies. This task force which will extend new protections It is my pleasure to urge passage of formed a Working Group on Intellectual against the theft of their works to H.R. 2281. Property Rights to investigate and report on copyright owners. Madam Speaker, I will insert in the the effect of this new technology on copy- Madam Speaker, new protections are record correspondence from the sub- right and other rights and to recommend any needed due to the ease with which flaw- committee chairman, the gentleman changes in law or policy. The working group less copies of copyrighted materials from North Carolina (Mr. COBLE), to held a public hearing in November, 1993, at can both be made and transmitted in the gentleman from California (Mr. which 30 witnesses testified. These witnesses represented the views of copyright owners, the digital network environment. Es- CAMPBELL) and myself, which further libraries and archives, educators, and other sential, however, to the creation of new defines the terminology that is used in the statute. interested parties. The working group also guarantees for copyright owners is the solicited written comments and received HOUSE OF REPRESENTATIVES, retention of the traditional rights of over 70 statements during a public comment the users of intellectual property. A COMMITTEE ON THE JUDICIARY, Washington, DC, June 16, 1998. period. Based on oral and written testimony, balance has always existed in our law the working group released a ‘‘Green Paper’’ Hon. TOM CAMPBELL, between these conflicting interests, on July 7, 1994. After releasing the Green and the major challenge in the writing U.S. Representative for the 15th District of Cali- fornia, Washington, DC. Paper, the working group again heard testi- of this legislation is to assure that no mony from the public through four days of Hon. RICK BOUCHER, fundamental altering of that delicate hearings held around the country. More than U.S. Representative for the 9th District of Vir- balance takes place. 1,500 pages of written testimony were filed ginia, Washington, DC. Another challenge is to ensure that DEAR TOM AND RICK: Thank you for visit- during a four-month comment period by in the effort to eliminate devices that ing with me in my office recently regarding more than 150 individuals and organizations. are designed and produced to make il- H.R. 2281, the ‘‘WIPO Copyright Treaties Im- In March, 1995, then-Chairman Carlos legal copies of copyrighted materials, plementation Act.’’ I appreciate the concerns Moorhead solicited informal comments from that legitimate consumer electronics you expressed with respect to H.R. 2281 as it parties who had submitted testimony regard- products are not also placed in a cat- was reported from the House Committee on ing the Green Paper, including library and egory of legal uncertainty. the Judiciary. university groups, and computer and elec- Today I want to offer congratula- I expressed to you that I would consider your thoughts and respond to you in detail, tronics group, in order to work effectively tions primarily to the Members of the and am pleased to do so in this letter. with the Administration on jointly develop- House Committee on Commerce who I believe that many of your concerns, ing any proposed updates to U.S. copyright have devoted long hours in the effort to which are enumerated in your substitute law that might be necessary in light of assure that these challenges are met. bill, H.R. 3048, have been addressed already emerging technologies. in a reasonable manner in amendments to Specifically, the Committee on Com- In summer, 1995, the working group re- the bill adopted by the Subcommittee on merce has added provisions that pro- Courts and Intellectual Property and the leased a ‘‘White Paper’’ based on the oral and tect personal privacy by clearly per- Committee on the Judiciary in the House written testimony it has received after re- mitting personal computer owners to and by the Committee on the Judiciary and leasing the Green Paper. The White Paper disable cookies that are placed on their on the floor in the Senate (regarding the contained legislative recommendations disks by others; that allow the Senate companion bill, S. 2037). Others have which were developed from public comment encryption research that will lead to a been addressed in legislative history in in conjunction with consultations between new generation of trusted and secure House Report 105–551 (Part I) which accom- the House and Senate Judiciary Committees, panies the bill, as well as in Senate Report the Copyright Office and the Administration. systems; that give equipment manufac- 105–190, which accompanies the Senate com- In September, 1995, Chairman Moorhead in turers the certainty that their con- panion bill. Still others may be addressed as the House and Chairman Hatch in the Senate sumer electronics products need not af- the House Committee on Commerce exer- firmatively accommodate all techno- cises its sequential jurisdiction over limited introduced legislation which embodied the logical protection measures; and that portions of the bill and as I work with inter- recommendations contained in the White creative procedure for assuring the ested members on developing a manager’s Paper and held a joint hearing on November 15, 1995. Testimony was received from the continuation of the fair use rights of amendment to be considered by the whole House. I anticipate including many of the Administration, the World Intellectual Prop- the American public, a procedure that amendments made by the Senate in the man- erty Organization and the Copyright Office. will prevent material that is generally ager’s amendment, along with other provi- The House Subcommittee on Courts and In- available today under fair use being sions. I also anticipate that a conference will tellectual Property held two days of further locked away in a pay-per-use regime in be necessary to reconcile the House and Sen- hearings in February, 1996. Testimony was future years. ate versions of the bills. received from copyright owners, libraries b While I am unable to support the specific and archives, educators and other interested 1400 provisions of H.R. 3048, for reasons I will ex- parties. in May, 1996, the Senate Judiciary Report language also specifies that plain in this letter, I am willing to work Committee held a further hearing. Testi- the technological protection measure with you in the coming weeks to address ad- mony was received from copyright owners, circumvention restrictions will not ditional concerns regarding the impact of libraries and other interested parties. These apply when manufacturers, retailers this legislation on the application of the hearings were supplemented with negotia- ‘‘fair use’’ doctrine in the digital environ- tions in both bodies led by Representative and technicians need to make adjust- ment and on the consumer electronics indus- ments to devices to ensure that their Goodlatte (as authorized by Chairman Moor- try. I wish to stress, however, that I believe head) in the House and by Chairman Hatch performance is not degraded as a con- the bill, as amended by the House and Senate in the Senate. Further negotiations were sequence of the installation of a tech- thus far, and explained by both the House held by the Administration in late summer nological protection measure. These and the Senate Judiciary Committee reports, and fall of 1996. changes, taken together, significantly already addresses these issues in several con- structive ways. During consideration of the ‘‘NII Copyright improve the original legislation. I believe it is important, in order to recog- Protection Act of 1995,’’ Chairman Moorhead The gentleman from Virginia (Chair- nize properly the efforts undertaken by the requested that Mr. Boucher and Mr. Berman man BLILEY), the gentleman from Congress and the Administration to address of California lead negotiations between in- Michigan (Mr. DINGELL), the gentleman the concerns of the consumer electronics and terested parties regarding the issue of cir- from Wisconsin (Mr. KLUG), the gen- fair use communities, to review the history cumvention. While these negotiations were tleman from Florida (Mr. STEARNS) and of H.R. 2281 and to evaluate all of the provi- helpful in streamlining and clarifying the the gentleman from Massachusetts sions that have been either added to or de- issues to be discussed, they ultimately did (Mr. MARKEY), among others, deserve leted from the bill since its development not result in an agreement. leading to introduction in this Congress. As thanks for their successful efforts to I am sure you will appreciate, I am sensitive It is important to note that shortly after create new copyright protections, to your concerns and have worked diligently its establishment, the Administration task while ensuring that traditional user with members and all parties involved to force’s working group convened, as part of rights are not undermined. create a balanced and fair proposal that will its consideration, a Conference on Fair Use The Committee on Commerce has, in result in the enactment of legislation this (CONFU) to explore the effect of digital tech- the manner for which it is known, mas- Congress. nologies on the doctrine of fair use, and to August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7097 develop guidelines for uses of works by li- tailored to match the treaty language by es- prohibited devices ‘‘the primary purpose or braries and educators. Because of the com- tablishing legal protection and remedies not effect of which is to circumvent,’’ H.R. 2281 plexities involved in developing broad-based against any technological measures whatso- sets out three narrow bases for prohibiting policies for the adaptation of the fair use ever, but only ‘‘against the circumvention of devices. A device is prohibited under section doctrine to the digital environment, and due effective technological measures that are 1201 only if it is primarily designed or pro- to much disagreement among the partici- used by authors in connection with the exer- duced to circumvent, has limited commer- pants (including within the library and edu- cise of their rights.’’ cially significant use other than to cir- cational communities), CONFU did not issue The fair use and consumer electronics cumvent, or is marketed specifically for use its full report until nearly two years after it groups succeeded, just as they had at the in circumventing. This formulation means was convened. An Interim Report was re- Diplomatic Conference, in assuring in the in- that under H.R. 2281, it is not enough for the leased by CONFU in September 1997 on the troduced version of the bills the mainte- primary effect of the device to be circumven- first phase of its work. No consensus was nance of proper limitations on copyright. tion. It therefore excludes legitimate multi- reached on how to apply the fair use doctrine The Administration had considered origi- purpose devices from the prohibition of sec- to the digital age. In fact, the CONFU work- nally banning both the manufacture and use tion 1201. Devices such as VCRs, and personal ing group on interlibrary loan and document of devices which circumvent effective tech- computers do not fall within any of these delivery concluded in a report to its Chair nological measures and had no specific provi- three categories (unless they are, in reality, that it is ‘‘premature to draft guidelines for sion on fair use, since Section 107 of the black boxes masquerading as VCRs or PCs). digital transmission of digital documents.’’ Copyright Act would, of course, continue to In addition, H.R. 2281 as introduced does The work of CONFU continues today and a exist after enactment of the legislation. The not require any manufacturer of a consumer final report should be released soon with no word ‘‘use’’ was eliminated in the device pro- electronic device to accommodate existing agreed conclusions. As you can see, develop- vision and a specific provision relating to the or future technological protection measures. ing sweeping legislation, rather than relying adoption of the fair use doctrine in the digi- ‘‘Circumvention,’’ as defined in the bill, re- on court-based ‘‘case or controversy’’ appli- tal environment was added. quires an affirmative step of ‘‘avoiding, by- cations of the doctrine, is exceedingly dif- As it was introduced, H.R. 2281 contained passing, removing, deactivating, or other- ficult to do. two important safeguards for fair use. First, wise impairing a technological protection Since before the debate began with the es- the bill dealt separately with technological measure.’’ Language added in the Senate, re- tablishment of a task force in the United measures that prevent access and techno- ferred to below, clarified this even further. States in 1993, the international community logical measures that prevent copying. As to In addition to all of the foregoing, there had also been considering what updates the latter, the bill contained no prohibition are a number of amendments that were made should be made to the Berne Convention on on the act of circumbention itself, leaving in the Senate bill that will be included in the Artistic and Literary Works in order to pro- users free to circumvent such measures in manager’s amendment to H.R. 2281. These in- vide adequate and balanced protection to order to make fair use copies. Second, the clude: copyrighted works in the digital age. This savings clause in subsection 1201(d) ensures An expansion of the exemptions of non- culminated in a Diplomatic Conference that defenses to copyright protection, in- profit libraries and archives in 17 U.S.C. § 108 hosted by the World Intellectual Property cluding fair use, are unaffected by the prohi- to cover the making of digital copies without Organization at which over 150 countries bitions on circumvention. For example, cir- authorization, for purposes of preservation, agreed on changes needed to accomplish this cumvention of an effective technological security or replacement of damaged, lost or goal. measure that controls access to a work does stolen copies; This goal was not reached easily, however, not preclude, or affect in any way, a defense An expansion of section 108 to cover the and many of the issues being debated by the of fair use for copying the work. Moreover, making of digital copies without authoriza- Administration and the Congress in the the bill as introduced did not expand exclu- tion in order to replace copies in the collec- United States concerning fair use and cir- sive rights or diminish exceptions and limi- tion that are in an obsolete format; cumvention were aired at the Diplomatic tations on exclusive rights. A provision directing the Register of Copy- Conference, with significant changes made Again, a series of legislative hearings were rights to make recommendations as to any to accommodate fair use concerns and the ef- held by the House and Senate Judiciary statutory changes needed to apply the limi- fect on the consumer electronic industries. Committees at which testimony was again tations on liability of online service provid- Representatives of both groups participated heard from copyright owners, libraries and ers to nonprofit educational institutions in the Conference and aggressively sought to archives, educators, consumer electronics that act in the capacity of service providers; maintain proper limitations on copyright. groups and other interested parties. In Feb- A provision directing the Register of Copy- They succeeded. For example, language was ruary, 1998, almost five years to the date of rights to consult with nonprofit libraries and added to ensure that exceptions such as fair the establishment of the Administration’s nonprofit educational institutions and sub- use could be extended into the digital envi- working group, taking into account all of mit recommendations on how to promote ronment. The treaty also originally con- the concessions and negotiations leading up distance education through digital tech- tained very specific language regarding obli- to it, the first markup was finally held in nologies, including any appropriate statu- gations to outlaw circumvention. It was Congress by the Subcommittee on Courts tory changes; changed to state that all member countries and Intellectual Property on this important A savings provision stating that nothing in ‘‘shall provide adequate legal protection and legislation. As is evident by the timetable section 1201 enlarges or diminishes vicarious effective legal remedies against the cir- involved in the development of this legisla- or contributory liability for copyright in- cumvention of effective technological meas- tion, and considering the number of hear- fringement in connection with any tech- ures that are used by authors in connection ings, negotiations and conferences dedicated nology, product, service, device, component with the exercise of their rights under this to its contents, this bill certainly has not or part thereof; Treaty.’’ This left to each country the devel- been placed on any ‘‘fast-track.’’ A provision that states explicitly that opment of domestic legislation to accom- In the course of Subcommittee and Com- nothing in section 1201 requires accommoda- plish this goal. mittee consideration of the bill in the House, tion of present or future technological pro- After the United States signed the WIPO the gentleman from Massachusetts, the tection measures; Treaties, the Administration again began ne- Ranking Democratic member of the Sub- A provision to ensure that the prohibition gotiations led by the Department of Com- committee, Mr. Frank, and I, proposed a on circumvention does not limit the ability merce and the Patent and Trademark Office, number of improvements to the bill, which to decompile computer programs to the ex- in consultiation with the Copyright Office were adopted by the Committee, that benefit tent permitted currently under the doctrine and the Congress, to develop domestic imple- libraries and nonprofit educational institu- of fair use; and menting legislation for the treaties. It built tions. We introduced a special ‘‘shopping A provision ensuring that technology will upon the efforts already accomplished by the privilege’’ exemption that permits nonprofit be available to enable parents to prevent release of the Green Paper and the White libraries and archives to circumvent effec- children’s access to indecent material on the Paper and all of the testimony and com- tive technological measures in order to de- Internet. ments heard as part of that process, the cide whether they wish to acquire lawfully a I believe that these are constructive provi- House and Senate bills introduced in the copy of the work. We added a provision that sions that precisely and carefully address 104th Congress and all of the hearing testi- requires a court to remit monetary damages specific concerns you have raised in H.R. mony and negotiations associated with for innocent violations of sections 1201 or 3048. In order to assure that fair use applies them, and the negotiations held by the Ad- 1202. And we eliminated any possibility that in the digital environment, in addition to ministration leading up to and during the nonprofit libraries and archives or edu- the above changes, I have also agreed to in- Diplomatic Conference. Again, comments cational institutions can be held criminally clude in the manager’s amendment an were solicited from fair use and consumer liable for any violation of sections 1201 or amendment to Section 107 of the Copyright electronics groups. In the summer of 1997, 1202, even when such violations are willful. Act to make it continue to be technology- the Administration submitted to the Con- These changes add protection to language neutral with respect to means of exploi- gress draft legislation to implement the already included in the bill which safeguard tation. treaties. In July, 1997, Chairman Hatch and I manufacturers of legitimate consumer elec- It may be helpful, in addition to discussing introduced the current pending legislation in tronic devices. Unlike the ‘‘NII Copyright what is contained in H.R. 2281 and the Senate each house. Importantly, the legislation was Protection Act of 1995,’’ which would have companion, and what will be included in the H7098 CONGRESSIONAL RECORD — HOUSE August 4, 1998 manager’s amendment, to raise directly with the public, that purport to govern use of non- digital age and thank you for your valuable you some of the identifiable problems I see copyrightable subject matter or limit cer- and continuing insight and interest. associated with H.R. 3048 as introduced. tain exceptions and limitations, such as fair Sincerely, In my opinion, this extension of the first use. HOWARD COBLE, sale doctrine is antithetical to the policies The use of standard form licensing agree- Chairman, Subcommittee on Courts the doctrine was intended to further. The ments has become prevalent in the software and Intellectual Property. alienability of tangible property is not at and information industries, as owners seek issue, since no tangible property changes Mr. BLILEY. Madam Speaker, I yield hands in a transmission. Further, it does not to protect their investment in these products one minute to the gentleman from Col- address specifically the ability to control the against the risk of unauthorized copying. orado (Mr. DAN SCHAEFER). after-market for resales of the same copy of Section 7 would result in destroying the abil- (Mr. DAN SCHAEFER of Colorado a work, since in this case distribution of a ity of the producer of a work to create spe- asked and was given permission to re- cific licenses tailored to the circumstances work by digital transmission necessarily re- vise and extend his remarks.) quires a reproduction—it is not the same of the marketplace, or, in the case of factual databases and other valuable but noncopy- Mr. DAN SCHAEFER of Colorado. copy. The bill’s answer to this quandary— Madam Speaker, I thank the gen- that the original copy must be destroyed—is rightable works, destroy the most signifi- unenforceable and certainly not a substitute cant form of protection currently available. tleman for yielding me time. for disposition of a tangible copy. Destruc- This could result, for example, in the loss of Madam Speaker, the webcasting is a tion involves an affirmative act, generally in crucial revenues to stock and commodity ex- new use of the digital works this bill the privacy of a home, that is difficult to po- changes who rely on such contracts to dis- deals with, and even most recent copy- lice and would involve significant invasions seminate information. right amendments in 1995 do not really of privacy if it were policed effectively. Attempts to introduce language similar to address it clearly. Under current law it Further, regardless of whether the original Section 7 of H.R. 3048 into Article 2B of the copy is destroyed, the new copy would be is difficult for webcasters and record Uniform Commercial Code (UCC) have been companies to know their rights and free of contractual or other controls placed rejected repeatedly by the UCC Article 2B on the original copy by the copyright owner. Drafting Committee on several occasions. their responsibilities for negotiating It is also likely that this provision would The National Conference of Commissioners new licenses. This provision makes it have a much greater impact on an owner’s on Uniform State Laws also rejected a pro- clear what each party must do and sets primary market for new copies of a work posal similar to the one you propose as has a statutory licensing program to make than the current first sale doctrine has on the American Law Institute. I agree with it as easy as possible to comply with. the primary market for physical copies. Un- these bodies that restricting the freedom to I want to thank the gentleman from like used books, digital information is not contract in the manner proposed in H.R. 3048 subject to wear and tear. The ‘‘used’’ copy is Washington (Mr. WHITE) and the gen- would have a negative effect on the avail- tleman from North Carolina (Mr. just as desirable as the new one because they ability of information to consumers. are indistinguishable. For this reason, Con- COBLE) for working with them to make gress has curtailed the first sale doctrine as H.R. 3048 also proposes several changes to sure this was all included, and I strict- it applies to the rental of sound recordings Section 108 of the Copyright Act regarding ly urge my colleagues to carefully re- archiving and library activities. As you are and software in the past, to prevent posing spect and preserve the delicate com- so great a burden on a copyright owner so as aware, library groups and copyright owners have come to an agreement regarding promise that we have worked so hard to undermine the incentive to create works to agree on as we move through this which is the driving force behind the Copy- changes in this section to update the Act for right Act. the digital environment and those changes legislative process in the conference H.R. 3048 would also broaden Section 110(2) were incorporated by the Senate in the com- committee. of the Copyright Act so that the perform- panion bill. I will include those same provi- Mr. COBLE. Madam Speaker, I yield sions in the manager’s amendment in the ance, display, or distribution of any work 11⁄2 minutes to the gentleman from House. (rather than just the performance of a non- Florida (Mr. FOLEY), the chairman of dramatic literary or musical work and the Finally, the new Section 1201 contained in the House Entertainment Task Force. display of any work) through digital trans- H.R. 3048 would not prohibit manufacturing Mr. FOLEY. Madam Speaker, I thank mission (rather than just through audio or trafficking in devices purposely created to the chairman and also all the Members broadcasts) would be allowed without the gain unauthorized access to copyrighted permission of the copyright holder, as long works, and insofar as it prohibits conduct, who have participated in this very, as it is received by students, or by govern- would permit circumvention in the fist in- very important debate, and particu- ment employees as part of their duties. This stance for purposes of fair use. In other larly the leadership, the gentleman broad expansion of the distance learning pro- words, H.R. 3048, as I discussed earlier, would from Georgia (Mr. GINGRICH), the gen- visions currently codified in the Copyright grant to users a right never before allowed— tleman from Texas (Mr. ARMEY), and Act would permit the transmission of a wide free access to copyrighted works in order to others who have helped bring this plat- variety of Internet-based or other remote-ac- make a fair use. I believe that is unwise pol- ter to the floor today for full and fair cess digital transmission formats for dis- icy and tilts the balance away from the pro- debate. tance education and raises serious questions tection of works in a free market economy about safeguards to prevent such trans- toward the free provision of works to anyone Businesses and industries that de- missions from unauthorized access. In other claiming to make a fair use. This would, I pend on copyright protection, includ- words, it may facilitate piracy. believe, ultimately lead to much more litiga- ing publishing, music and recording, Both CONFU and the Senate have dis- tion against libraries and others who law- film and video and computer software cussed the intricacies involved in safeguard- fully engage in fair use and ultimately would companies, are among the fastest grow- ing transmissions used for distance learning diminish the number of works made avail- ing segment of our society. These cre- purposes and have agreed that it is pre- able over new media. ative industries contribute nearly $280 mature to enact specific legislation at this While it would be impossible to commu- time. As discussed earlier, the Senate has in- billion to the gross domestic product nicate to you all of the problems contained cluded a provision in its companion bill, yearly and provide jobs for some 3.5 in the exact language of H.R. 3048, I wanted which I plan to include in the House man- million Americans. Moreover, they are to, in truncated form, reveal my serious con- ager’s amendment, that will provide for a among our biggest export earners, ac- cerns with the bill. In its current form, for study with legislative recommendations on the above reasons and others, I would oppose counting for some $60 billion in foreign this issue, within a six-month time frame. it as a substitute to H.R. 2281, as amended. I sales. This study will be better able to address the remain dedicated, however, to working with What has been plaguing this huge complex problems I have identified. Section 7 of H.R. 3048 would amend Section you, as I have in the past, to address your and important industry is piracy, the 301(a) of the Copyright Act to preempt en- concerns in a reasonable manner that will outright theft of copyrighted works. forcement of certain license terms under result successfully in changes to our nation’s Not piracy on the high seas, it is to- state law. Specifically, it would preempt any copyright law that will benefit both owners day’s version, piracy on the Internet. state statute or common law that would en- and users of works. American companies are losing nearly force a ‘‘non-negotiable license term’’ gov- I truly believe that we are at the beginning $20 billion yearly because of the inter- erning a ‘‘work distributed to the public’’ if of a long process of addressing adaptation to national piracy of these copyrighted such term limited the copying of material the digital environment. It is not possible at on-line works, and that is what this that is not subject to copyright protection or this point to enact legislation that will con- if it restricted the limitations to copyright template all uses of a work and, as CONFU bill helps to stop. contained in the Copyright Act. In effect, it members aptly point out, many will have to It has been a long process which has would prohibit standard form agreements, be addressed as we move forward. I am com- been carefully and thoughtfully nego- used in the context of copies distributed to mitted, however, to preserving fair use in the tiated. What we now have is a balanced August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7099 measure that protects both the inter- needed to come to reasonable balances to use these works in limited ways to increase ests of the users and the consumers, with providers of these services, with knowledge and understanding for the benefit and the property rights of the creators. people who have legitimate interests in of our whole society. As chairman of the Entertainment the fair use. This is, at least at this We can now take great comfort in the fact Industry Task Force, I know how im- particular point, the best effort we can that H.R. 2281 will continue to recognize this portant the enactment of this bill is to make to try to come to those kinds of important balance. The ``fair use'' debate, one of America’s most promising indus- balances and still provide the essential though heated at times, was negotiated to an tries. I would like it thank the chair- protection that this bill provides. I acceptable conclusion in the Commerce Com- man of the Committee on the Judici- urge its adoption. mittee, and this key compromise between the ary, the chairman of the Committee on Mr. BLILEY. Madam Speaker, I yield content and ``fair use'' communities is reflected Commerce, the gentleman from North such time as he may consume to the in the bill on the floor today. Other critical mat- Carolina (Mr. COBLE) and others who gentleman from Michigan (Mr. DIN- ters were also resolved, such as protecting have worked tirelessly on this effort, GELL). consumer privacy interests, electronic device as well as Members of the other side of (Mr. DINGELL asked and was given manufacturing, and encryption research. the aisle, the gentleman from Massa- permission to revise and extend his re- I would like to commend my good friend chusetts (Mr. FRANK) and others, who marks.) from Virginia, Chairman BLILEY, for his fine have taken into consideration all the Mr. DINGELL. Madam Speaker, I work on this bill. In addition, I would also like concerns of both the users and end thank my good friend for yielding to to give special thanks to Mr. BOUCHER and Mr. users of the product, as well as those me. KLUG who contributed so much to the resolu- who provide the intellectual content, if Because of an act of extraordinary tion of the ``fair use'' issue, as well as Mr. you will, to striking what is a fair bal- lack of comity of the part of the man- MARKEY and Mr. TAUZIN for their important ef- ance for Americans, a fair balance for agers of the bill on this side, and be- forts. Also, special thanks goes to all the staff consumers, but, more importantly, will cause of some extraordinary discour- who worked so hard on this legislation, in par- allow the very appropriate and impor- tesy, the Committee on Commerce has ticular Justin Lilley with the Commerce Com- tant works to be put on the Internet not been afforded our share of the time mittee majority, Andy Levin and Kyra for future generations to come. on this bill. I am therefore compelled Fischbeck with the Commerce Committee mi- Mr. FRANK of Massachusetts. to request time from the Republicans nority, Ann Morton with Mr. BOUCHER, Kathy Madam Speaker, I yield three minutes for this unanimous consent request. I Hahn with Mr. KLUG, Whitney Fox with Mr. to the gentleman from California (Mr. express my thanks. TAUZIN, and Colin Crowell with Mr. MARKEY, to BERMAN). I hope that the next time our two Mr. BERMAN. Madam Speaker, this committees deal with each other, there name just a few. day has been a long time coming. will be more courtesy shown by the Thank you, Mr. Speaker. I yield back the Going back nine years as the techno- Committee on the Judiciary. I intend balance of my time. logical capacity to make unauthorized to remember this event. Mr. BLILEY. Madam Speaker, I yield copies of copyrights works was rapidly Mr. DINGELL. Mr. Speaker, I rise in support one minute to the gentleman from expanding, some of us anticipated the of H.R. 2281, the ``Digital Millennium Copyright Ohio (Mr. OXLEY). need to enact legislation to protect Act,'' and I urge my colleagues to join me. (Mr. OXLEY asked and was given technological measures used by copy- This legislation is vitally important to the liveli- permission to revise and extend his re- right holders to protect their works. hoods of authors, musicians, filmmakers, soft- marks.) Last Congress, our former colleagues, ware developers, and countless other creators Mr. OXLEY. Madam Speaker, I rise Carlos Moorehead and Pat Schroeder, of copyrighted works. However, just as impor- in strong support of H.R. 2281, the laid further groundwork for today’s tant, this bill will preserve the legal right of in- WIPO enabling legislation. I want to WIPO bill with their efforts to enact formation consumers to make ``fair use'' of pay special tribute to the chairman of national information infrastructure copyrighted works just as they have done for the full committee, the gentleman legislation. Then in December 1996, the over one hundred years. from Virginia (Mr. BLILEY), as well as U.S. victory that produced two new Why is this treaty and its implementing leg- the gentleman from Illinois (Chairman international treaties, made the enact- islation important? The digital age has vastly HYDE), for their work as well, as my ment of implementing legislation an improved the quality of these works that we all good friend the gentleman from Michi- urgent task. enjoy. Today limitless copies can be made gan (Mr. DINGELL) on the other side of Today, under the leadership of the with virtually no reduction in quality. Unfortu- the aisle. gentleman from North Carolina (Mr. nately, these improvements in technology do The digital revolution presents spe- COBLE) and the gentleman from Massa- not come without a cost. Piracy of copyrighted cial opportunities and special chal- chusetts (Mr. FRANK), the gentleman works, particularly overseas, has increased lenges for copyright holders and users from Illinois (Mr. HYDE) and the gen- dramatically, and copyright owners are des- of copyrighted works. Working with tleman from Michigan (Mr. CONYERS), perately in need of additional protection to pro- the Committee on the Judiciary, I our efforts have come top fruition. tect their property from thieves who increas- think we put together a bill that we Passage of this bill is essential to im- ingly prey on their creative ingenuity. can all be proud of that deals with plementation of the treaties around However, there is another side to this story. issues like fair use, encryption re- the world. Our leadership is necessary As copyrighted works are afforded more pro- search and temporary and ephemeral in order to gain passage of the treaties tection, they will be encrypted in ``digital wrap- copies. in other countries where the standards pers'' that make them impenetrable to anyone for intellectual property is much lower other than those who are willing to pay the This legislation will extend copyright than our own. going rate. While that may sound like the protections for intellectual property Make no mistake, American intellec- American way, it is not. United States copy- into the digital age, while simulta- tual property and the almost unsur- right law historically has carved out important neously protecting fair use of such passed contribution it makes to our exceptions to the rights of copyright owners to works. It will provide an important balance of trade is at risk around the have exclusive control over the use of their foundation for the growth of electronic world. Piracy costs American creators property. commerce on the Internet. $15 billion in sales. In a digital era The most notable exception is ``fair use.'' Li- The bill also includes an important which brings the capacity to make per- braries and universities, for example, are per- provision preserving the authority of fect copies of copyrighted works, we mitted to freely use portions of copyrighted the SEC over the mechanisms by which must enact this legislation to fight works legally for research and study. This the public obtains information about overseas piracy and the toll it takes in practice has been a bedrock of our copyright our securities markets, including stock export revenues and American jobs. law for over a century. Both Congress and the quotes. This ensures that the commis- Madam Speaker, I think the gen- courts repeatedly have recognized this impor- sion will be able to ensure that inves- tleman from Massachusetts (Mr. tant balance in the law between the right of tors have ready access to the informa- FRANK) had it right. In the context of copyright owners to be compensated for their tion they need to make their invest- trying to protect this property, we efforts, and the right of information consumers ment decisions. H7100 CONGRESSIONAL RECORD — HOUSE August 4, 1998 I again thank the work of both the and to submit additional materials into the mand. In so doing, we have eliminated any Committee on Commerce and the Com- RECORD. ambiguity or presumption that products must mittee on the Judiciary for bringing us I especially want to acknowledge the many be designed to affirmatively respond to or ac- where we are today. significant contributions that the Commerce commodate any technological measures. It Mr. FRANK of Massachusetts. Committee has made to this bill, under the also ensures that lawyers, judges and juries Madam Speaker, I yield myself such leadership of Chairmen BLILEY and TAUZIN and do not become the principal designers of con- time as I may consume. Representatives DINGELL and MARKEY, and sumer products in this country. In the end, this Madam Speaker, I had intended to Justin Lilly, Kathy Hahn on my staff. language ensures that product designers and stick to the merits, but I did want to The bill that came to the Commerce Com- manufacturers will have the freedom to inno- respond to the ranking member of the mittee for consideration was a flawed bill in a vate. Committee on Commerce. Unfortu- number of respects: Most important, it created As a related matter, consumers will continue nately, the public got a look at some of a flat prohibition against circumventing ``tech- to expect that the products they buy will per- the turf battles that I do not think nological protection measures'' for any reason. form to expectations, whether that be high res- serve us very well. This original prohibition passed by the Judi- olution on high definition television or sound The gentleman made some reference ciary Committee sharply skews the balance in on-key for compact disks and digital video to comity. I do not know how that was favor of copyright owners. It would have re- disks. Nothing in this bill, as clarified by the spelled. But had the gentleman wanted quired each user of information to negotiate Commerce Committee in its report, should be me to yield him some time, I would with the copyright owner for access to infor- read as interfering with a product manufac- have been glad to do it. I did not, be- mation. I assume that the copyright owner turer, designer, or retailer's ability to adjust cause I had not been instructed by the would grant that permission, but would extract any product that is experiencing material dis- ranking member of my full committee a price in exchange. tortions caused by technological measures. to split the time in terms of control. The Copyright Clause of the Constitution We have an obligation up here to protect con- But I am glad to yield time to anyone grants a limited preference to copyright own- sumer interests, and ensuring that products who wants. Indeed, I yielded four min- ers. But this clause has consistently been in- play as promised is a critical step for con- utes right away to the gentleman from terpreted to grant an incentive for the pur- sumer protection. Virginia. Now, the gentleman serves on poses of advancing knowledge or, in the The compromise that is before us today is both the Committee on the Judiciary words of the Constitution, ``to promote the a thoughtful, well-crafted approach to a com- and the Committee on Commerce, but Progress of Science and the Useful Arts.'' plicated problem. I not only urge my col- he used his four minutes for a tribute This incentive has always been interpreted leagues to vote for this compromise legisla- to the work of the Committee on Com- to be of secondary importance to ``allow the tion, I strongly urge Chairman HYDE to adhere merce that was lyrical in its composi- public access to the products of genius.'' to this compromise language in its entirety, not tion, and I am sure will go down in the As the New York Times noted recently: just today, but when the House meets in con- annals as one of the best tributes to a As Congress fashions ways to protect com- ference with the Senate. committee ever given. mercial interests in the digital realm, it Mr. FRANK of Massachusetts. So, at this point I would reserve the must be careful also to protect the larger Madam Speaker, I yield myself such balance of my time, but if Members public interests in broad access to informa- time as I may consume. want to speak, I would be glad to yield tion. * * * The law does not allow a creator Madam Speaker, I did want to say them time. to control who looks at the material or pre- that the ranking member of the full vent the material from being circulated or Mr. BLILEY. Madam Speaker, I yield lent to others. It specifically allows the ‘‘fair Committee on the Judiciary, the gen- one minute to the gentleman from Wis- use’’ of copyrighted materials for com- tleman from Michigan (Mr. CONYERS), consin (Mr. KLUG), who did an extraor- mentary, criticism, teaching, news report- is in Michigan today because it is pri- dinary amount of work on this piece of ing, scholarship and research under certain mary day in Michigan, and only that legislation. circumstances without permission from the kept him from being here. The gen- Mr. KLUG. Madam Speaker, I thank copyright owner. tleman has been for a long time now the gentleman for yielding me time. And, as the Washington Post notes this one of the staunchest advocates of in- Madam Speaker, we have in front of morning: tellectual property rights. He is a man us a very difficult balancing act, essen- this transition to a pay-per-view world, * ** who has a great feel for American cul- tially trying to protect the American works fine for the entertainment industries ture, and fully understands the role of creative community across the world, and the commercial market. Where it intellectual property correctly under- people who make movies and television doesn’t work is in libraries and other places stood in fostering our cultural tradi- shows, book publishers and the record- where use of books and research material is tions. ing industry. But in an era of exploding not pay-per-view but, till now, free. So I did want to express the strong information, we also have to guarantee The Commerce Committee corrected this support of the gentleman from Michi- access to libraries and also university automatic transition to a pay-per-view world by gan and note that his leadership in this researchers, to make sure we do not creating an exception for persons having was very, very important, and to ex- enter a new era of pay per view, where gained lawful access who are or are likely to plain his absence as being due entirely the use of a library card always carries be adversely affected by the prohibition. In in- to the fact that he had to be in Michi- a fee and where the flow of information terpreting ``lawful access'', it is my hope that gan for his primary. comes with a meter that rings up a this term is broadly construed to include stu- Mr. BLILEY. Madam Speaker, I yield charge every time the Internet is dents at a university, patrons in a library, and one minute to the gentleman from accessed. investigative journalists who obtain critical in- Washington (Mr. WHITE), who also put Today we have a reasonable com- formation, among others. in a lot of work on this piece of legisla- promise in front of us, and I want to Unlike the version reported by the Judiciary tion. thank the gentleman from Virginia Committee, the approach taken by the Com- Mr. WHITE. Madam Speaker, I thank (Mr. BLILEY) and the gentleman from merce Committee and reflected in the bill be- the chairman for yielding me time. Michigan (Mr. DINGELL) for their lead- fore us not only is an appropriate balance be- Madam Speaker, pretty much no ership. tween the rights of copyright owners and matter what we do, this bill would be a If I also could indulge the committee users of information, it is also strongly sup- big win for our country, because what to single out several other people, Jus- ported by the treaty preamble that recognizes, this bill does in essence is it imple- tin Lilley of the committee staff, ``the need to maintain balance between the ments a treaty under which the rest of Kathy Hahn of my staff, for working so rights of authors and the larger public interest, the world finally adopts our view of in- hard on this compromise, and in par- particularly education, research, and access to tellectual property. That is a big win ticular the support of my colleague, information.'' for the United States. the gentleman from Virginia (Mr. BOU- I also want to single out several other im- But we also have the advantage that CHER). I urge adoption of the bill. portant contributions of the Commerce Com- this bill actually turned out to be a I rise in support of H.R. 2281, the Digital mittee. We have clarified that product design- pretty good bill, thanks to the gen- Millennium Copyright Act of 1998 and request ers and manufacturers should be able to de- tleman from Virginia (Chairman BLI- permission to revise and extend my remarks sign their products based on consumer de- LEY) and the gentleman from North August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7101 Carolina (Chairman COBLE), the gen- families such as Eagle Forum and the Chris- I want to congratulate all of the tleman from Illinois (Chairman HYDE), tian Coalition, and representatives of manufac- Members who have worked on this leg- and many of the other people who turers of legitimate consumer electronics prod- islation, Madam Speaker. As the digi- worked on it. ucts. All of these groups raised legitimate con- tal revolution sweeps over countries The thing I like the most about it is cerns which the Commerce Committee has and industries, we are going to see a that it moves intellectual property sought to address. dramatic change in the nature of the protection into the digital age. I was The bill we consider today represents many American economy, because we are the proud to play a small part in improving hours of debate and compromise. clearcut leader in the post-GATT post- the bill. We adopted a special program It is not a perfect solution, but it includes im- NAFTA world. for webcasting, this is broadcasting on portant provisions designed to protect con- As we cut this implicit deal with the the Internet. We will now have clear sumers and legitimate manufacturers of con- American people where we are going to rules for how those sorts of things are sumer electronics while providing important let the low-end jobs go, it is critical for supposed to be done. new protections to copyright owners so that us to garner the lion’s share of the I think this should be a day when all their works may thrive in the digital environ- high-end jobs. We are the world’s lead- of us are very pleased that we are mov- ment. er in software, without question. In ing through the House a bill that will Among the important provisions in the legis- these computer, movie, books, video make big progress around the world for lation are: areas, we are the unquestioned domi- intellectual property, which is a big (1) The ``no mandate'' provision which nant leader. It is our job to make sure improvement for things in the United makes clear that manufacturers need not de- that we construct treaties, laws, that States. sign their products to respond to any particular protect our high end, our products that Mr. BLILEY. Madam Speaker, I yield technological protection measure; are related to the high education level one minute to the gentleman from (2) The compromise on ``fair use'' which which we are giving the citizens of the Florida (Mr. STEARNS), a member of seeks to protect consumers from a ``pay-per- United States. the committee. view'' world in the digital era; and Built into this law are protections (Mr. STEARNS asked and was given (3) Provisions ensuring that activities impor- for the privacy of Americans, as well. permission to revise and extend his re- tant to our economy and national security We do not want corporations being able marks.) such as reverse engineering and encryption to insinuate themselves into the pri- Mr. STEARNS. Madam Speaker, I research will not be stifled by the new prohibi- vacy of Americans, finding out where they go, what they do, as they use also rise in support of the bill and com- tion on circumventing technological protection these new software technologies. pliment our chairman, the gentleman measures. I think we have struck a nice bal- from Virginia (Mr. BLILEY), and, of I would also like to note that during consid- ance, which is going to give market- course, I compliment my good friend eration of the WIPO legislation in the Com- the gentleman from North Carolina place incentives to industries to ensure merce Committee, I had joined with my good that individuals have the knowledge on (Mr. COBLE), for their activities. friend from Virginia, Mr. BOUCHER, in offering I participated in some of the areas information that is being gathered an amendment that would have defined the about them, know that it may be re- dealing with technological protection term ``technological protection measure,'' be- measures, defining this actually: The used, but also have the right to say no. cause such a definition was lacking in the I think it is going to be a good com- no-mandate provision, which makes original bill. clear that manufacturers need not de- promise forged. Mr. BOUCHER and I worked diligently to im- I urge a very strong yes for all Mem- sign their products to respond to any prove our amendment and to seek a com- bers of Congress on this very important particular technological protection promise position for a definition that would piece of legislation. measure was included in the report; have enjoyed the support of the content com- Mr. FRANK of Massachusetts. language to the compromise on ‘‘fair munity, as well as from the product manufac- Madam Speaker, I yield myself such use’’ which seeks to protect consumers turers. We succeeded. time as I may consume. from a pay-per-view world in the digi- In order to push the bill forward and out of I am glad to turn away from the turf tal area; and, three, provisions ensur- the Commerce Committee, we agreed to with- battles, which are to be of interest to ing activities important to our econ- draw the amendment in exchange for Chair- no one outside this Chamber and very omy and national security such as re- man BLILEY's support of report language that few inside, to talk a little more about versed engineering and encryption re- would have expanded on the proper definition substance. search will not be stifled by the new of a ``technological protection measure.'' Madam Speaker, I said earlier that prohibition on circumventing techno- Although I believe the bill could have been one of the things I liked about this bill logical protection measure. further improved had we had the chance to was that we reversed or at least I appreciate also the gentleman from define this term before bringing the bill to the stopped this trend to impinge on free Virginia (Mr. BOUCHER), who was very floor, I believe the report of the Commerce speech. We have reduced the tendency helpful and diligent in approving our Committee very clearly identifies the types of to restrict speech which is electroni- amendments and working together. I technological protection measures which are cally transmitted to a lesser degree of recognize his efforts, and I rise in entitled to the special protections of this legis- constitutional protection. But this is strong support of the bill. lation. not the only bill relevant. I want to Mr. Speaker, I rise in support of the final In addition, I am confident that the federal talk here about the danger in some legislative product to implement the World In- courts that consider the meaning of the term other legislation of our continuing the tellectual Property Organization Treaty to pro- ``technological protection measure'' will find unfortunate tendency of holding elec- vide legal protection to the millions of Amer- sufficient guidance in the Commerce Commit- tronically transmitted speech to a less- ican copyright holders and American compa- tee's report. er standard of protection. nies. I thank Chairman BLILEY for following I am told working its way through I would also like to congratulate the efforts through on his commitment and allowing such this body is legislation which would and the hard work of the key players to forge report language to be drafted, inserted, and deny Federal aid to libraries and a compromise and bring this bill to the floor: negotiated with the Judiciary Committee. schools which do not impose various Chairman BLILEY of the Commerce Committee I ask unanimous consent that my extended kinds of filtering devices on their own and Chairman COBLE of the Intellectual Prop- and revised remarks appear in the RECORD as equipment. That it seems to me a very erty Subcommittee deserve particular praise. if spoken. grave error. Of course, it makes a It has been a long and hard process to get Mr. BLILEY. Madam Speaker, I yield mockery of this profession of respect us to this point. I had numerous concerns with one minute to the gentleman from for States’ rights which we occasion- the original bill that I believed needed correc- Massachusetts (Mr. MARKEY). ally hear, particularly when those who tion. b claim to be for States’ rights do not During consideration of H.R. 2281, the 1415 like what the States are doing. Commerce Committee heard from many con- Mr. MARKEY. Madam Speaker, I But the notion that we would impose cerned groups including libraries, educators, thank the gentleman for yielding me a Federal judgment on schools and li- researchers, consumer groups, advocates for the time. braries, and make them use this very H7102 CONGRESSIONAL RECORD — HOUSE August 4, 1998 admittedly imperfect technology of fil- This provision does nothing to the gentleman from North Carolina tration so that they would be less than threaten the integrity of the Copyright (Mr. COBLE), the gentleman from Illi- fully free in what they gave people, is Act, and maintains all the protections nois (Mr. HYDE), and of course, the an example of this unfortunate tend- under the Act. The intent of the Copy- Committee on Commerce, under the ency to say that electronically trans- right Act is to protect and encourage a able leadership of the gentleman from mitted speech has a lesser order of pro- free marketplace of ideas. However, Virginia (Mr. BLILEY), and a wide range tection. without this provision, it hurts the free of individuals in other industries, and I hope no one would propose that market by preventing the ISOs from of course, the gentleman from Massa- Congress would say libraries would not servicing computers. Furthermore, it chusetts (Mr. FRANK). get any money unless they censored limits the computer users’ choice of This is a very important agreement, books, unless they censored public who can service their computer and and I urge my colleagues to strongly speeches. Why, then, do we insist, and how competitive a fee can be charged. support it. I hope we do not, that libraries can Again, I want to thank the gen- Mr. BLILEY. Madam Speaker, I yield only get Federal funds if they agree to tleman from North Carolina (Mr. myself such time as I may consume. censure their electronic devices? COBLE) for all of his work in helping us Madam Speaker, I urge adoption of We already passed as part of the along on this. the bill. Telecommunications Act something Mr. COBLE. Madam Speaker, I yield Mr. COBLE. Madam Speaker, I yield called the Communications Decency myself such time as I may consume. myself such time as I may consume. Act, which was stricken by a 9 to noth- Madam Speaker, I thank everybody Madam Speaker, I want to say to the ing vote in the Supreme Court as un- who has contributed to this exercise gentleman from California, he said he constitutional. Indeed, some of the today. The creative ingenuity of the would remember the gentleman from most ardent defenders of free speech people of this country is responsible for Massachusetts (Mr. FRANK). I hope he during the campaign finance debate en- our identification, culture, and not in- remembers that both of us worked to thusiastically supported this, which significantly large trade surplus. This accommodate him today when he has was obviously unconstitutional at the has only come about because this coun- the gavel in his hand next year. time, and the Supreme Court held it to try, through the work of the congres- Finally, this has obviously been a be. sional judiciary committees down team effort, Madam Speaker. Often- I would just say in closing, Madam through the years, has enacted laws times we hear charges accusing us of Speaker, that while I am pleased that which protect intellectual property. being a do-nothing Congress. I think here we took great pains to protect in- Our Founding Fathers, Madam this piece of legislation today pretty tellectual property while avoiding giv- Speaker, knew that a constitutional well refutes that charge. Much good ing any additional incentive to censor, protection would be necessary in order has been done in this session of the we may be undoing that in other pieces to encourage Congress to create an in- Congress, and today has been no excep- of legislation. centive for creators. I am proud that tion. I thank everyone again for having I would urge my colleagues to follow this Congress and our subcommittee on contributed very favorably to this dia- elsewhere the guide that I think we the Committee on the Judiciary spe- logue today. have set forth here: Do not adopt re- cifically have stood up for property Mr. HASTERT. Mr. Speaker, I am proud to strictions on electronically transmit- rise in support of H.R. 2281, the Digital Millen- ted speech that we would not apply to rights of all kinds, both real property written speech and to oral speech, to and intellectual property. I urge pas- nium Copyright Act. I am very pleased that Chairmen BLILEY, newspapers, to magazines, to theater, sage of the bill. Madam Speaker, I reserve the bal- HYDE, COBLE and TAUZIN were able to reach to other forums of public debate. As this society continues to increase ance of my time. a compromise on this bipartisan bill. the percentage of our communication Mr. FRANK of Massachusetts. We all know that the strength of our copy- with each other that is electronically Madam Speaker, I yield the balance of right laws is fundamental to making our econ- transmitted, it is essential that we my time to the gentleman from Cali- omy a success, while also allowing ``fair use'' give electronically transmitted speech fornia (Mr. DREIER), and hope that he of protected works for the common good. the same high degree of protection will remember me when he becomes Just because an authorized product is in a from censorship and regulation that we chairman. digitized form, we should not hinder a child's give other speech, or we will be a less The SPEAKER pro tempore (Mrs. learning at St. Charles Public Library, or com- free society in consequence. EMERSON). The gentleman from Califor- plicate an academic's research at Northern Illi- Madam Speaker, I reserve the bal- nia (Mr. DREIER) is recognized for 2 nois University, or prevent a high-tech engi- ance of my time. minutes. neer in Illinois from improving innovative prod- Mr. BLILEY. Madam Speaker, I yield Mr. DREIER. Madam Speaker, I ap- ucts. 11⁄2 minutes to the gentleman from preciate the gentleman yielding time Specifically, this legislation includes new ter- Michigan (Mr. KNOLLENBERG). to me, and I will, as we have amend- minology vital to better resolving the issues (Mr. KNOLLENBERG asked and was ments that conceivably could come for- ahead of us. The bill language on . . . ``no given permission to revise and extend ward from the gentleman from Massa- mandates on design'' . . . . reverse engineer- his remarks.) chusetts next year, consider them. I ing'' . . . ``playability'' . . . and ``definition of Mr. KNOLLENBERG. Madam Speak- very much appreciate his acknowledg- protection measures'' . . . will provide the er, I thank the chairman for being so ing that I will be chairman next year. framework for continuing the proper balance in gracious in relinquishing that time. I Madam Speaker, let me rise in very the law. will not take all of it. strong support of this agreement. One By adopting these new terms, we can antici- I will say, Madam Speaker, that I of the most troubling aspects to this pate future policy concerns, and create a fair rise in full support of this bill. I want issue of global trade which is very im- and balanced approach to solving the ques- to thank the gentleman from North portant to the survival of our economy tions of the digital revolution. Carolina (Mr. COBLE) for his work in has been the issue of piracy. When we Ms. SLAUGHTER. Mr. Speaker, I rise in helping bring about the confection of look at the impact that this has had on support of H.R. 2281, the Digital Millennium this language. Included in the bill is a the entertainment industry and the Copyright Act, which would raise the inter- provision that I introduced to ensure biotechnology industry in my State of national standards of copyright protection so that a computer owner may authorize California, it is very, very troubling. that we can help combat the devastating the activation of their computer by a When we have ideas that emanate losses to American companies that are being third party for the limited purpose of from individuals, the right to make caused by the international piracy of copy- servicing computer hardware compo- sure that that is their property must righted works. nents. The bill provides language that be ensured. This WIPO agreement is in As Chair of the Congressional Member Or- authorizes third parties to make such a fact the best hope that we have to en- ganization for the Arts, I am greatly concerned copy for the limited use of servicing sure that it will be acknowledged. about the grave effects of copyright violations computer hardware, the hardware com- I simply rise to congratulate my on America's artists, writers, and software en- ponents. friends who have been involved in this, gineers. The dramatic growth of the Internet is August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7103 providing us with tremendous new opportuni- conducted was that of television (either ``open'' As amended, the Section 110(2) exemption ties for electronic commerce and communica- or ``closed-circuit'') and in providing an exemp- would apply only to qualified not-for-profit insti- tion. But these same technological develop- tion from copyright liability for illustrative uses tutions and home-schools. ``Fly-by-night'' com- ments also carry significant risks, especially in of certain works in the course of distance mercial trade schools and sham entities with- the area of international copyright piracy. learning lessons; typically, moreover, these out demonstrable educational purposes would Today, American companies are losing $18± lessons involved the transmission of text ma- not qualify. Moreover, the amended sections 20 billion annual because copyrighted works terial, still images, or music. Against this back- would retain crucial restrictive language from can be stolen and distributed around the world ground, the Congress proceeded to fashion the original, which limits its applicability to situ- by anyone capable of using a computer. the provisions of 17 U.S.C. 110(2). ations in which excerpts from copyrighted This legislation protects our nation's movie The Copyright Act, in Section 106, provides for the various ``exclusive rights'' of the copy- works are used ``for purposes of illustration, producers, record makers, and software de- and [are] directly related and of material as- signers from being forced to absorb more of right owner. Because, as a matter of definition, sistance to the teaching content'' of a distance these losses. At the same time, it protects TV broadcasting implicates only Section learning lesson; indeed, the amended section lawful use of materials by classrooms and li- 106(4) ``public performance'' and the Section would amplify that restriction with a new provi- braries, and allows individuals who perform 106(5) ``public display,'' the distance education sion stating that the material used for illus- encryption research to continue with their exemption in Section 110(2) relieves edu- work. However, it does prohibit the sale, man- cators of liability with respect to those two trative purposes must be ``limited to that por- ufacture and use of devices and component rights. Moreover, since educational TV broad- tion of the work reasonably necessary to ac- parts that are specifically designed to gain un- casts typically at assembled groups of stu- complish the teaching purpose.'' In other authorized access to copyrighted works. It dents, Section 110(2) was drafted to apply to words, the amended section would not permit also addresses the issue of online service pro- ``reception in classrooms of similar places'' educators to put entire copyrighted textbooks vider liability, incorporating language based on (extending to home reception only in the case on line; such conduct is an infringement of of disabled persons and others in ``special cir- a compromise that has been reached among copyright today, and it would continue to be cumstances''). Finally, Section 110(2) was groups on all sides of the debate. under the amended section. I urge my colleagues to vote yes on pas- written to apply only to performances of ``non- dramatic literary or musical works,'' categories Nor would the section allow distance edu- sage of H.R. 2281 so that we can protect the from which the overwhelming proportion of il- cation programming to become a gateway work of our nation's talented individuals from lustrative excerpts required by teachers would through which valuable copyrighted works, in copyright violations while encouraging the have been drawn. their entirety, could flow out into the Internet growth of electronic commerce. More than 20 years later, distance edu- and become generally available. This is all the Mrs. MORELLA. Mr. Speaker, although the cation practice has changed dramatically. In- more so because the amended section applies Commerce Committee changes to H.R. 2281, creasingly, distance learning has become a only to educators who had not taken reason- the WIPO Copyright Treaties Implementation staple of K±12 as well as higher education, Act, vastly improved the bill from the original able steps to provide safeguards against dis- and digital networks have become the favored tance education transmissions being received Judiciary Committee passed version, I am still technology for the delivery of distance learning deeply troubled that H.R. 2281 is being con- by non-students or copied for redistribution. lessons. As a technical matter, network trans- Thus, the amended section actually would sidered on the suspension calendar. As I indi- missions generally become available to recipi- cated in a July 31 letter to the Majority Leader, give distance educators a new incentive to up- ents only because a temporary copy of their grade the security features of their networks to signed by several other Members of the content is made in the so-called ``random ac- discourage copyright infringement. House, I was very interested in offering a dis- cess memory'' of those recipients' computer tance education amendment to H.R. 2281 that terminals; thus, network transmission of an ex- It also is noteworthy that the exemption has the support of every educational group, cerpt from a copyrighted work in the course of which would be defined in the amended sec- from the National Education Association to the a distance learning lesson may involve not tion would be available only in connection with National Center for Home Education. only the performance or display of that work, the actual delivery of educational materials by As we enter the 21st Century, distance edu- but also its ``distribution'' (another right which educators and their institutions, or (in the case cation will play an even more pivotal role in is reserved to the copyright owner in Section of home schools) by parents. It would not de- educating our children, and those individuals 106(2), and not covered by existing Section prive copyright owners of revenues in connec- interested in life long learning. Distance edu- 110(2)). Moreover, many contemporary dis- tion with the licensing of their works for inclu- cation will fill an important gap for those indi- tance learning transmissions are intended pri- sion in ``packaged'' materials designed for use viduals, either because of family obligations, marily for reception in the homes or offices of in connection with distance education. Just as work obligations, or other barriers, who are students who are neither disabled nor exhibit textbook authors and publishers today must prevented from attending traditional classes. It other ``special circumstances''; indeed, many obtain appropriate copyright clearances in will also allow educational institutions, from such transmissions are offered by institutions order to include excerpts from copyrighted outlying rural towns to the heart of America's (like the Western Governors' University or var- works, so would the creators of tomorrow's inner cities, to access a full range of academic ious home-school networks) which have few ``electronic texts.'' subjects that would otherwise not be available or no physical ``classrooms or similar places.'' to them. Again, existing Section 110(2) would not ap- Mr. COBLE. Madam Speaker, I yield The amendment that I was planning to offer pear to cover such instructional programs. Fi- back the balance of my time. would have updated the exceptions to copy- nally, in the age of multimedia, instructors The SPEAKER pro tempore. The right law regarding distance education to meet must be able to illustrate their lessons with rel- question is on the motion offered by the new challenges and allow for the use of evant excerpts not only from the conventional the gentleman from North Carolina new and exciting technologies that will im- literary and musical works covered in existing (Mr. COBLE) that the House suspend the prove the education of our citizens, so that we Section 110(2), but from the full range of cul- rules and pass the bill, H.R. 2281, as are better prepared to compete in this more tural materials to which protection under the amended. competitive global economy. This is particu- Copyright Act extends. larly important in my district where we cur- As I mentioned before, the proposed The question was taken; and (two- rently have a shortage of high-technology amendment would legitimize the best current thirds having voted in favor thereof) workers that is hindering our economic growth. practice in the field of distance education and the rules were suspended and the bill, In 1976, as part of the general revision of encourage further innovation in this important as amended, was passed. the Copyright Law, the Congress recognized area by eliminating technologically or educa- The title of the bill was amended so the importance of the burgeoning practice of tionally outdated restrictions from Section as to read: distance learning. As the House Report on 110(2). By adopting such an amendment, the Copyright Law Revision (No. 94±1476) put it, Congress would be following through on the ‘‘A bill to amend title 17, United States in the context of higher education, these ``tele- decision it took in 1976 to encourage the prac- Code, to implement the World Intellectual courses are fast becoming a valuable adjunct Property Organization Copyright Treaty and tice of distance education by providing edu- Performances and Phonograms Treaty, and of the normal college curriculum.'' (p. 84). The cators with a clearly defined ``safe harbor'' for other purposes.’’. use of the term ``telecourses'' is, of course, within which they could design lessons with significant. At the time, the only technology by enhanced learning value, free from concerns A motion to reconsider was laid on means of which distance education could be about potential legal liability. the table. H7104 CONGRESSIONAL RECORD — HOUSE August 4, 1998 SENSE OF CONGRESS THAT ELIMI- Kennedy (RI) Nadler Shadegg The result of the vote was announced Kennelly Neal Shaw NATION OF TRADE RESTRIC- Kildee Nethercutt Shays as above recorded. TIONS ON IMPORTATION OF U.S. Kim Neumann Sherman The title of the concurrent resolution AGRICULTURAL PRODUCTS Kind (WI) Ney Shimkus was amended so as to read: ‘‘Concur- SHOULD BE TOP PRIORITY King (NY) Northup Shuster rent resolution expressing the sense of Kingston Norwood Sisisky The SPEAKER pro tempore. The Kleczka Nussle Skaggs the Congress that the elimination of pending business is the question of sus- Klink Oberstar Skeen restrictions on the importation of Klug Obey Skelton pending the rules and agreeing to the United States agricultural products by Knollenberg Olver Slaughter United States trading partners should concurrent resolution, House Concur- Kolbe Ortiz Smith (MI) rent Resolution 213, as amended. Kucinich Owens Smith (NJ) be a top priority in trade negotia- LaFalce Oxley Smith (OR) tions.’’. The Clerk read the title of the con- LaHood Packard Smith (TX) A motion to reconsider was laid on current resolution. Lampson Pallone Smith, Adam the table. The SPEAKER pro tempore. The Lantos Pappas Smith, Linda Largent Parker Snowbarger f question is on the motion offered by Latham Pascrell Snyder the gentleman from Illinois (Mr. LaTourette Pastor Solomon DEPARTMENTS OF COMMERCE, CRANE) that the House suspend the Lazio Paxon Souder JUSTICE, AND STATE, AND JUDI- rules and agree to the concurrent reso- Leach Payne Spence CIARY, AND RELATED AGENCIES Lee Pease Spratt lution, House Concurrent Resolution Levin Pelosi Stabenow APPROPRIATIONS ACT, 1999 213, as amended, on which the yeas and Lewis (CA) Peterson (MN) Stark The SPEAKER pro tempore (Mr. nays are ordered. Lewis (GA) Peterson (PA) Stearns Lewis (KY) Petri Stenholm LAHOOD). Pursuant to House Resolu- The vote was taken by electronic de- Linder Pickering Stokes tion 508 and rule XXIII, the Chair de- vice, and there were— yeas 420, nays 4, Lipinski Pickett Strickland clares the House in the Committee of not voting 10, as follows: Livingston Pitts Stump LoBiondo Pombo Stupak the Whole House on the State of the [Roll No. 380] Lofgren Pomeroy Sununu Union for the further consideration of YEAS—420 Lowey Porter Talent the bill, H.R. 4276. Lucas Portman Tanner Abercrombie Clyburn Gallegly Luther Price (NC) Tauscher b 1450 Ackerman Coble Ganske Maloney (CT) Pryce (OH) Tauzin Aderholt Coburn Gejdenson Maloney (NY) Quinn Taylor (MS) IN THE COMMITTEE OF THE WHOLE Allen Collins Gekas Manton Radanovich Taylor (NC) Accordingly, the House resolved Andrews Combest Gephardt Manzullo Rahall Thomas itself into the Committee of the Whole Archer Condit Gibbons Markey Ramstad Thompson House on the State of the Union for the Armey Cook Gilchrest Martinez Rangel Thornberry Bachus Cooksey Gillmor Mascara Redmond Thune further consideration of the bill (H.R. Baesler Costello Gilman Matsui Regula Thurman 4276) making appropriations for the De- Baker Cox Goodlatte McCarthy (NY) Reyes Tiahrt partments of Commerce, Justice, and Baldacci Coyne Goodling McCollum Riggs Tierney Ballenger Cramer Gordon McCrery Riley Torres State, the Judiciary, and related agen- Barcia Crane Goss McDade Rivers Traficant cies for the fiscal year ending Septem- Barr Crapo Graham McDermott Rodriguez Turner ber 30, 1999, and for other purposes, Barrett (NE) Cubin Granger McGovern Roemer Upton with Mr. PEASE (Chairman pro tem- Barrett (WI) Cummings Green McHale Rogan Velazquez Bartlett Danner Greenwood McHugh Rogers Vento pore) in the chair. Barton Davis (FL) Gutierrez McIntosh Rohrabacher Visclosky The Clerk read the title of the bill. Bass Davis (IL) Gutknecht McIntyre Ros-Lehtinen Walsh The CHAIRMAN pro tempore. When Bateman Davis (VA) Hall (OH) McKeon Rothman Wamp Becerra Deal Hall (TX) McKinney Roukema Watkins the Committee of the Whole House rose Bentsen DeGette Hamilton McNulty Roybal-Allard Watt (NC) on Monday, August 3, 1998, the demand Bereuter Delahunt Hansen Meehan Royce Watts (OK) for a recorded vote on the amendment Berman DeLauro Harman Meek (FL) Rush Waxman by the gentleman from West Virginia Berry DeLay Hastert Meeks (NY) Ryun Weldon (FL) Bilbray Deutsch Hastings (FL) Menendez Sabo Weldon (PA) (Mr. MOLLOHAN) had been postponed Bilirakis Diaz-Balart Hastings (WA) Metcalf Salmon Weller and the bill was open from page 2, line Bishop Dickey Hayworth Mica Sanchez Wexler 23, through page 3, line 13. Blagojevich Dicks Hefley Millender- Sanders Weygand Bliley Dingell Hefner McDonald Sandlin White AMENDMENT OFFERED BY MR. MOLLOHAN Blumenauer Dixon Herger Miller (CA) Sanford Whitfield The CHAIRMAN pro tempore. The Blunt Doggett Hill Miller (FL) Sawyer Wicker unfinished business is the demand for a Boehlert Dooley Hilleary Minge Saxton Wilson Boehner Doolittle Hilliard Mink Scarborough Wise recorded vote on the amendment of- Bonilla Doyle Hinchey Moakley Schaefer, Dan Wolf fered by the gentleman from West Vir- Bonior Dreier Hinojosa Mollohan Schaffer, Bob Woolsey ginia (Mr. MOLLOHAN) on which further Bono Duncan Hobson Moran (KS) Schumer Wynn Borski Dunn Hoekstra Moran (VA) Scott Yates proceedings were postponed and on Boswell Edwards Holden Morella Sensenbrenner Young (AK) which the ayes prevailed by voice vote. Boucher Ehlers Hooley Murtha Serrano Young (FL) The Clerk will designate the amend- Boyd Ehrlich Horn Myrick Sessions Brady (PA) Emerson Hostettler ment. Brady (TX) Engel Houghton NAYS—4 The text of the amendment is as fol- Brown (CA) English Hoyer Chenoweth Paul lows: Brown (FL) Ensign Hulshof DeFazio Waters Brown (OH) Eshoo Hunter Amendment offered by Mr. MOLLOHAN: Bryant Etheridge Hutchinson NOT VOTING—10 On page 2, line 25, after the dollar amount, Bunning Evans Hyde insert the following: ‘‘(reduced by Burton Goode Poshard Burr Everett Inglis $40,000,000)’’. Conyers Kilpatrick Towns Buyer Ewing Istook On page 21, line 18, after the dollar Cunningham McCarthy (MO) Callahan Farr Jackson (IL) Gonzalez McInnis amount, insert the following: ‘‘(reduced by Calvert Fattah Jackson-Lee $60,000,000)’’. Camp Fawell (TX) On page 25, line 14, after the dollar Campbell Fazio Jefferson b 1448 Canady Filner Jenkins amount, insert the following: ‘‘(increased by Cannon Foley John Mr. BONIOR and Mr. BOEHNER $40,000,000)’’. Capps Forbes Johnson (CT) changed their vote from ‘‘nay’’ to On page 64, line 23, after the dollar amount, Cardin Ford Johnson (WI) ‘‘yea.’’ insert the following: ‘‘(reduced by Carson Fossella Johnson, E. B. $20,000,000)’’. Castle Fowler Johnson, Sam Mrs. CHENOWETH changed her vote from ‘‘yea’’ to ‘‘nay.’’ On page 70, line 20, after the dollar Chabot Fox Jones amount, insert the following: ‘‘(reduced by Chambliss Frank (MA) Kanjorski So (two-thirds having voted in favor $10,000,000)’’. Christensen Franks (NJ) Kaptur thereof) the rules were suspended and Clay Frelinghuysen Kasich On page 85, line 19, after the dollar Clayton Frost Kelly the concurrent resolution, as amended, amount, insert the following: ‘‘(reduced by Clement Furse Kennedy (MA) was agreed to. $9,000,000)’’. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7105 On page 92, line 25, after the dollar Stupak Upton Wexler sions of the Inspector General Act of 1978, as amount, insert the following: ‘‘(reduced by Tanner Velazquez Weygand amended (5 U.S.C. App.), $36,610,000; includ- $10,000,000)’’. Tauscher Vento White ing not to exceed $10,000 to meet unforeseen Tauzin Visclosky Wilson On page 99, line 8, after the dollar amount, Thompson Walsh Wise emergencies of a confidential character, to insert the following: ‘‘(increased by Thurman Waters Woolsey be expended under the direction of, and to be $109,000,000)’’. Tierney Watt (NC) Wynn accounted for solely under the certificate of, On page 99, line 9, after the dollar amount, Torres Watts (OK) Yates the Attorney General; and for the acquisi- insert the following: ‘‘(increased by Traficant Waxman Young (AK) tion, lease, maintenance, and operation of $109,000,000)’’. Turner Weldon (PA) motor vehicles, without regard to the gen- NOES—170 eral purchase price limitation for the cur- RECORDED VOTE rent fiscal year: Provided, That up to one- The CHAIRMAN pro tempore. A re- Aderholt Gibbons Pease Archer Gillmor Peterson (PA) tenth of one percent of the Department of corded vote has been demanded. Armey Goodlatte Petri Justice’s allocation from the Violent Crime A recorded vote was ordered. Bachus Goss Pickering Reduction Trust Fund grant programs may The vote was taken by electronic de- Baker Graham Pitts be transferred at the discretion of the Attor- Ballenger Granger Pombo ney General to this account for the audit or vice, and there were—ayes 255, noes 170, Barr Gutknecht Portman other review of such grant programs, as au- not voting 9, as follows: Barrett (NE) Hall (TX) Radanovich thorized by section 130005 of the Violent Bartlett Hansen Redmond [Roll No. 381] Barton Hastert Riggs Crime Control and Law Enforcement Act of AYES—255 Bass Hastings (WA) Riley 1994 (Public Law 103–322). Bateman Hayworth Rogan UNITED STATES PAROLE COMMISSION Abercrombie Frelinghuysen McGovern Bereuter Hefley Rogers Ackerman Frost McHale Bilirakis Herger Rohrabacher SALARIES AND EXPENSES Allen Furse McHugh Bliley Hill Roukema For necessary expenses of the United Andrews Ganske McIntyre Blunt Hilleary Royce Baesler Gejdenson McKinney States Parole Commission as authorized by Boehner Hobson Ryun law, $7,400,000. Baldacci Gekas McNulty Bonilla Hoekstra Salmon Barcia Gephardt Meehan Bono Hostettler Sanford LEGAL ACTIVITIES Barrett (WI) Gilchrest Meek (FL) Brady (TX) Hunter Saxton SALARIES AND EXPENSES, GENERAL LEGAL Becerra Gilman Meeks (NY) Bryant Hutchinson Scarborough ACTIVITIES Bentsen Goodling Menendez Bunning Hyde Schaefer, Dan Berman Gordon Millender- Burr Inglis Schaffer, Bob For expenses necessary for the legal activi- Berry Green McDonald Burton Istook Sensenbrenner ties of the Department of Justice, not other- Bilbray Greenwood Miller (CA) Buyer Jenkins Sessions wise provided for, including not to exceed Bishop Gutierrez Minge Callahan Johnson, Sam Shadegg Blagojevich Hall (OH) Mink $20,000 for expenses of collecting evidence, to Calvert Jones Shaw be expended under the direction of, and to be Blumenauer Hamilton Moakley Campbell Kasich Shimkus Boehlert Harman Mollohan Cannon Kelly Shuster accounted for solely under the certificate of, Bonior Hastings (FL) Moran (VA) Chabot King (NY) Skeen the Attorney General; and rent of private or Borski Hefner Morella Chenoweth Kingston Smith (MI) Government-owned space in the District of Boswell Hilliard Murtha Christensen Knollenberg Smith (OR) Columbia; $462,265,000; of which not to exceed Boucher Hinchey Nadler Coble Kolbe Smith (TX) $10,000,000 for litigation support contracts Boyd Hinojosa Neal Coburn Latham Smith, Linda Brady (PA) Holden Nethercutt shall remain available until expended: Pro- Collins Lewis (KY) Snowbarger vided, That of the funds available in this ap- Brown (CA) Hooley Ney Combest Linder Solomon Brown (FL) Horn Oberstar Cook Livingston Souder propriation, not to exceed $17,834,000 shall re- Brown (OH) Houghton Obey Cooksey LoBiondo Spence main available until expended for office au- Camp Hoyer Olver Cox Lucas Stearns tomation systems for the legal divisions cov- Canady Hulshof Ortiz Crane Manzullo Stump ered by this appropriation, and for the Capps Jackson (IL) Owens Crapo McIntosh Sununu United States Attorneys, the Antitrust Divi- Cardin Jackson-Lee Pallone Cubin McKeon Talent Carson (TX) Pascrell sion, and offices funded through ‘‘Salaries Deal Metcalf Taylor (MS) and Expenses’’, General Administration: Pro- Castle Jefferson Pastor DeLay Mica Taylor (NC) Chambliss John Payne Dickey Miller (FL) Thomas vided further, That of the total amount ap- Clay Johnson (CT) Pelosi Doolittle Moran (KS) Thornberry propriated, not to exceed $1,000 shall be Clayton Johnson (WI) Peterson (MN) Dreier Myrick Thune available to the United States National Cen- Clement Johnson, E. B. Pickett Duncan Neumann Tiahrt tral Bureau, INTERPOL, for official recep- Clyburn Kanjorski Pomeroy Dunn Northup Wamp tion and representation expenses: Provided Condit Kaptur Porter Emerson Norwood Watkins Costello Kennedy (MA) Poshard further, That $813,333 of funds made available English Nussle Weldon (FL) to the Department of Justice in this Act Coyne Kennedy (RI) Price (NC) Ensign Oxley Weller Cramer Kennelly Pryce (OH) Everett Packard Whitfield shall be transferred by the Attorney General Cummings Kildee Quinn Ewing Pappas Wicker to the Presidential Advisory Commission on Danner Kim Rahall Foley Parker Wolf Holocaust Assets in the United States: Pro- Davis (FL) Kind (WI) Ramstad Fossella Paul Young (FL) vided further, That any transfer pursuant to Davis (IL) Kleczka Rangel Gallegly Paxon Davis (VA) Klink Regula the previous proviso shall be treated as a re- DeFazio Klug Reyes NOT VOTING—9 programming under section 605 of this Act and shall not be available for obligation or DeGette Kucinich Rivers Conyers Goode McInnis Delahunt LaFalce Rodriguez Cunningham Kilpatrick Schumer expenditure except in compliance with the DeLauro LaHood Roemer Gonzalez McCarthy (MO) Towns procedures set forth in that section. Deutsch Lampson Ros-Lehtinen In addition, $8,160,000, to be derived from Diaz-Balart Lantos Rothman b 1508 the Violent Crime Reduction Trust Fund, to Dicks Largent Roybal-Allard Dingell LaTourette Rush Mrs. KELLY and Mr. SAXTON remain available until expended for such Dixon Lazio Sabo changed their vote from ‘‘aye’’ to ‘‘no.’’ purposes. Doggett Leach Sanchez So the amendment was agreed to. In addition, for reimbursement of expenses Dooley Lee Sanders of the Department of Justice associated with Doyle Levin Sandlin The result of the vote was announced as above recorded. processing cases under the National Child- Edwards Lewis (CA) Sawyer hood Vaccine Injury Act of 1986, as amended, Ehlers Lewis (GA) Scott The CHAIRMAN pro tempore (Mr. not to exceed $4,028,000, to be appropriated Ehrlich Lipinski Serrano PEASE). The Clerk will read. Engel Lofgren Shays from the Vaccine Injury Compensation Trust Eshoo Lowey Sherman The Clerk read as follows: Fund. Etheridge Luther Sisisky ADMINISTRATIVE REVIEW AND APPEALS SALARIES AND EXPENSES, ANTITRUST DIVISION Evans Maloney (CT) Skaggs For expenses necessary for the administra- For expenses necessary for the enforce- Farr Maloney (NY) Skelton tion of pardon and clemency petitions and Fattah Manton Slaughter ment of antitrust and kindred laws, Fawell Markey Smith (NJ) immigration related activities, $75,312,000. $68,275,000: Provided, That, notwithstanding Fazio Martinez Smith, Adam In addition, $59,251,000, for such purposes, any other provision of law, not to exceed Filner Mascara Snyder to remain available until expended, to be de- $68,275,000 of offsetting collections derived Forbes Matsui Spratt rived from the Violent Crime Reduction from fees collected for premerger notifica- Ford McCarthy (NY) Stabenow Trust Fund. Fowler McCollum Stark tion filings under the Hart-Scott-Rodino OFFICE OF INSPECTOR GENERAL Fox McCrery Stenholm Antitrust Improvements Act of 1976 (15 Frank (MA) McDade Stokes For necessary expenses of the Office of In- U.S.C. 18(a)) shall be retained and used for Franks (NJ) McDermott Strickland spector General in carrying out the provi- necessary expenses in this appropriation, and H7106 CONGRESSIONAL RECORD — HOUSE August 4, 1998 shall remain available until expended: Pro- a great effect on reducing crime criminal justice system today, people vided further, That the sum herein appro- throughout our communities. Every that were fetal alcohol syndrome ba- priated from the General Fund shall be re- single community that has tried a drug bies turn out in many cases to actually duced as such offsetting collections are re- court has found them to be successful: be involved in the criminal justice sys- ceived during fiscal year 1999, so as to result in a final fiscal year 1999 appropriation from successful in reducing crime, reducing tem by committing crimes later. the General Fund estimated at not more recidivism, as well as saving the tax- We need to put a stop to fetal alcohol than $0: Provided further, That any fees re- payer money. syndrome, to people using alcohol and ceived in excess of $68,275,000 in fiscal year Now, in my own State of Nevada, I drugs while they are pregnant; and one 1999 shall remain available until expended, want to praise one of the judges there, of the best ways to do that is to start but shall not be available for obligation until Judge Lehman. Although we have sev- at the preventive side. And the drug October 1, 1999. eral drug courts across the State of Ne- courts have been very successful in get- SALARIES AND EXPENSES, UNITED STATES vada, Judge Lehman is the person that ting people off drugs, off of alcohol, so ATTORNEYS I am the most familiar with. that we do not end up with this fetal For necessary expenses of the Offices of the Judge Lehman so far has had 931 peo- alcohol syndrome. United States Attorneys, including intergov- ple graduate from his program in the b 1515 ernmental and cooperative agreements, drug court program. Of those, only 13 $1,037,471,000; of which not to exceed $2,500,000 percent have had rearrests after 6 I want to just conclude by saying shall be available until September 30, 2000, that I appreciate what the gentleman for (1) training personnel in debt collection; years. Now, normally in our prison sys- tem we have about a 75 to 80 percent from Kentucky (Mr. ROGERS) has done (2) locating debtors and their property; (3) and to say that this amendment while paying the net costs of selling property; and repeat-offender rate. (4) tracking debts owed to the United States Let me give these numbers again. it is just a small amount of money in Government: Provided, That, of the total Normally in our prison system we have the big picture is still something that amount appropriated, not to exceed $8,000 about a 75 to 80 percent recidivist, or is very significant because of the tre- shall be available for official reception and repeat offender, rate. Under Judge Leh- mendous success that drug courts have representation expenses: Provided further, man’s drug court, only 120 out of al- had across the country. That not to exceed $10,000,000 of those funds Mr. ROGERS. Mr. Chairman, I move available for automated litigation support most 1,000 people who have gone through the drug courts have actually to strike the last word. contracts shall remain available until ex- Mr. Chairman, this amendment in- been rearrested for any reason after 6 pended: Provided further, That, in addition to creases drug courts by $3 million. That reimbursable full-time equivalent workyears years. That is only a 13 percent repeat- is on top of the $10 million increase available to the Offices of the United States offender rate. that we already have in the bill for a Attorneys, not to exceed 9,044 positions and I do not think that there is anything total of $43 million for drug courts, 9,312 full-time equivalent workyears shall be else in our criminal justice system that which is about a 33 percent increase. I supported from the funds appropriated in can point to that type of success. this Act for the United States Attorneys. What drug courts represent are local, agree with the gentleman, the drug AMENDMENT OFFERED BY MR. ENSIGN State, and Federal Government coming court concept is working, and as more Mr. ENSIGN. Mr. Chairman, I offer together, because that is where the States and localities find out the bene- an amendment. funding comes from, to say let us put fits of the drug courts, more and more The Clerk read as follows: some common sense back into our are applying for moneys. Consequently, Amendment offered by Mr. ENSIGN: criminal justice system. that is the reason that we included a Page 7, line 4, after the dollar amount, in- Across the country, criminal justice hefty increase already in the bill. But sert the following: ‘‘(increased by $1,676,000)’’ system professionals estimate that at the gentleman’s amendment, I think, is Page 7, line 20, after the dollar amount, in- well placed and I am prepared to accept sert the following: ‘‘(reduced by $3,000,000)’’ least 45 percent of the defendants con- victed of drug possession commit a the amendment and so do at this time. Page 26, line 17, after the dollar amount, Mr. MOLLOHAN. Mr. Chairman, I similar offense within 2 or 3 years of insert the following: ‘‘(increased by move to strike the last word. $3,000,000)’’ release of jail. Mr. Chairman, we are strongly in Page 30, line 3, after the dollar amount, in- Drug courts have proven truly re- favor of drug courts, and we think that sert the following: ‘‘(increased by $3,000,000)’’ markable in preventing hundreds of re- the gentleman has crafted his amend- Mr. ENSIGN (during the reading). peat drug offenses in the country. More ment in the way it would be acceptable Mr. Chairman, I ask unanimous con- than 70 percent of the drug court cli- to us. We have no objection. sent that the amendment be considered ents have successfully completed the The CHAIRMAN pro tempore (Mr. as read and printed in the RECORD. program or remain as active partici- PEASE). The question is on the amend- The CHAIRMAN pro tempore (Mr. pants, and recidivism rates from drug ment offered by the gentleman from PEASE). Is there objection to the re- participants, this is across the country, Nevada (Mr. ENSIGN). quest of the gentleman from Nevada? range from 2 percent to 20 percent. The amendment was agreed to. There was no objection. So we can see not only in Nevada we Mr. NETHERCUTT. Mr. Chairman, I Mr. ENSIGN. Mr. Chairman, first let have had success in drug courts, but move to strike the last word. me say that I want to thank the gen- across the country. Not only do we Mr. Chairman, I rise to request that tleman from Kentucky (Mr. ROGERS), save taxpayer money, we are also sav- the gentleman from Kentucky (Mr. the subcommittee chairman, for work- ing lives. ROGERS) engage in a colloquy with me ing with me on this amendment. Let me point out something that and the gentleman from Ohio (Mr. REG- What my amendment seeks to do is most people would not think about. ULA). to increase funding for drug courts by Many children in this country today Mr. ROGERS. Mr. Chairman, will the $3 million. While I would like to have are born with what we call fetal alco- gentleman yield? included a little more money for the hol syndrome or fetal drug syndrome. Mr. NETHERCUTT. I yield to the drug courts, right now they are funded These babies are born to addicted gentleman from Kentucky. at $40 million, and my amendment mothers, not only of alcoholics but Mr. ROGERS. I am pleased to engage takes them to $43 million for this year. also of drug addicts. in a colloquy with both the gentleman The drug courts are something that I Every person that we can get off from Washington and the gentleman truly believe in, and I am going to out- drugs through these programs or off al- from Ohio. line the reasons that I believe in them. cohol through these programs, that is a Mr. NETHERCUTT. Mr. Chairman, as But I do want to thank the chairman of life we could be changing. Because the gentleman is aware, the committee the subcommittee for working with us fetal alcohol syndrome, if my col- report provides additional resources to on this amendment, coming up with an leagues have talked to any parents the DARE program through the use of offset so that we can have this amend- that have adopted a child or any par- unobligated balances in the COPS pro- ment paid for. ents that have actually had one in gram. I would like to thank the gen- First of all, the drug courts, while their own family, these children go tleman from Kentucky and the gen- they started about 10 years ago across through some devastating con- tleman from West Virginia (Mr. MOL- the country in communities, have had sequences. As a matter of fact, in our LOHAN) for their continued support of August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7107 programs which will help reduce drug SALARIES AND EXPENSES, FOREIGN CLAIMS ment is very successful in jamming it. use among our Nation’s youth. SETTLEMENT COMMISSION To date we have spent over $110 mil- Mr. Chairman, the committee has re- For expenses necessary to carry out the ac- lion, real money, on this failed pro- ceived a significant appropriation re- tivities of the Foreign Claims Settlement gram. quest for the DARE program in order Commission, including services as author- I think it follows, quite logically, ized by 5 U.S.C. 3109, $1,335,000. to improve and expand the DARE cur- that since nobody sees this TV pro- SALARIES AND EXPENSES, UNITED STATES riculum to more middle schools. gram, it really can make no contribu- MARSHALS SERVICE Mr. ROGERS. Let me thank the gen- tion to bringing freedom and democ- For necessary expenses of the United racy to Cuba, a goal which we all tleman from Washington for raising States Marshals Service; including the ac- this issue and for his work on the Drug- quisition, lease, maintenance, and operation share. Free America Task Force. The com- of vehicles, and the purchase of passenger On the other hand, this amendment mittee received a request from the motor vehicles for police-type use, without does not touch Radio Marti, the sister task force on the day of our sub- regard to the general purchase price limita- program of TV Marti, which does get committee markup for significant tion for the current fiscal year, $477,611,000, through, just as Radio Free Europe got funds to expand the DARE program as authorized by 28 U.S.C. 561(i); of which not through despite jamming by the Sovi- to exceed $6,000 shall be available for official ets during the Cold War. My amend- into middle schools and I have worked reception and representation expenses; and to provide additional funds for the of which not to exceed $4,000,000 for develop- ment has no effect on Radio Marti. DARE program. I will continue to work ment, implementation, maintenance and During the Cold War, radio trans- in conference with the Senate to see support, and training for an automated pris- missions had a significant audience in that DARE’s curriculum continues to oner information system shall remain avail- the Eastern Bloc because it is rel- be improved and, to the extent, appro- able until expended. atively easy to defeat jamming of priate access to additional funds be AMENDMENT OFFERED BY MR. SKAGGS radio. Television signals, on the other made available. Mr. SKAGGS. Mr. Chairman, I offer hand, are exclusively line of sight, easy Mr. REGULA. Mr. Chairman, will the an amendment. to jam and as a practical matter there gentleman yield? The Clerk read as follows: really is no alternative frequency. Mr. NETHERCUTT. I yield to the Amendment offered by Mr. Skaggs: TV Marti’s broadcasts have been gentleman from Ohio. Page 9, line 8, after ‘‘$477,611,000’’ insert jammed from the beginning. At least ‘‘(increased by $100)’’. Mr. REGULA. Mr. Chairman, as a seven, count them, seven objective Page 84, line 15, strike ‘‘the Television studies by people without an ax to member of the subcommittee and a Broadcasting to Cuba Act,’’. longtime supporter of the DARE pro- Page 84, line 20, strike ‘‘and television’’. grind in this have been done since 1991. gram, I would like to associate myself Page 84, line 21, strike ‘‘$383,957,000,’’ and Not one of them has found any signifi- with the remarks of the gentleman insert ‘‘$374,518,000,’’. cant audience for TV Marti. from Washington (Mr. NETHERCUTT). Mr. SKAGGS (during the reading). We should have disbanded this oper- There is need for expanding the DARE Mr. Chairman, I ask unanimous con- ation back in 1994 after an advisory program to middle schools and to en- sent that the amendment be considered panel found there was no significant sure that the best available curriculum as read and printed in the RECORD. audience. Instead, the backers of this is used. Additionally, the success of the The CHAIRMAN pro tempore. Is program came up with, I think, the DARE program is not solely limited to there objection to the request of the slightly nutty idea that if only we Federal resources. In my district and gentleman from Colorado? changed from a VHF, very high fre- across the country, DARE has the sup- There was no objection. quency, signal to an ultrahigh fre- port and financial backing of commu- Mr. SKAGGS. Mr. Chairman, this quency, UHF signal, that that would nities and private industry. amendment makes a very small addi- solve the problem. We spent $1.7 mil- Mr. ROGERS. Mr. Chairman, I would tion to the Marshals Service fund and lion doing that, knowing full well that be happy to continue to work with both deletes $9.4 million in funding for TV it would be even easier to jam the UHF gentlemen on this issue, and I com- Marti for a very simple reason: It is a signal than the VHF. mend the gentleman for bringing it up. complete waste of money. All it takes to do that is for some The CHAIRMAN pro tempore. The I wish to amend the bill at this point signal to be transmitted on the same Clerk will read. in particular so that Members who may frequency as TV Marti with a com- parable field strength. Our own Na- The Clerk read as follows: be looking for offsets for more worthy uses of funds later in the bill would be tional Association of Broadcasters has In addition, $54,231,000, to be derived from able to have this $9.4 million for more told us it requires little more than a the Violent Crime Reduction Trust Fund, to 100-watt transmitter and an off-the- remain available until expended for such deserving application, or conceivably purposes. that our good chairman would have a shelf antenna and that that could de- little bit of working room when he gets liver enough field strength in a 30-mile UNITED STATES TRUSTEE SYSTEM FUND to conference, which I suspect he would diameter to be effective. For necessary expenses of the United welcome. Here is a map of the greater Havana States Trustee Program, as authorized by 28 For Members who may not be famil- area. The hash marks on the overlay U.S.C. 589a(a), $114,248,000, to remain avail- able until expended and to be derived from iar with this program, I will first try to indicate a 30-mile diameter. This is the the United States Trustee System Fund: Pro- explain the logical reasons that we area that can be jammed effectively vided, That, notwithstanding any other pro- ought to end TV Marti, but let me just with a 100-watt transmitter. It takes vision of law, deposits to the Fund shall be acknowledge at the outset some advice about 200 watts of power to yield the available in such amounts as may be nec- that I got from a very informed staff 100-watt signal. Members can see there essary to pay refunds due depositors: Pro- person over at the United States Infor- is a little bit of area that is not quite vided further, That, notwithstanding any mation Agency. He said, ‘‘Congress- covered, so maybe we need two other provision of law, $114,248,000 of offset- man, you know, you’re trying to use jammers for a total of 400 watts. So for ting collections derived from fees collected pursuant to 28 U.S.C. 589a(b) shall be re- logic to battle a cartoon.’’ So if some four light bulbs’ worth of power, sad to tained and used for necessary expenses in of this seems a little bit surreal as we say, the Castro government is able to this appropriation and remain available go along, that perhaps will help Mem- completely nill this TV signal coming until expended: Provided further, That the bers understand what is going on. from the balloon over the Keys. While sum herein appropriated from the Fund shall Mr. Chairman, TV Marti is broadcast he is spending literally nickels and be reduced as such offsetting collections are out of a balloon hung over the Florida dimes on electricity to do this, we are received during fiscal year 1999, so as to re- Keys most weekdays from 3:30 a.m., spending about $25,000 a day wasting sult in a final fiscal year 1999 appropriation until 8 a.m., and it goes to, or tries to taxpayers’ money sending invisible tel- from the Fund estimated at $0: Provided fur- ther, That any such fees collected in excess go to, the greater Havana area. But evision to nowhere. of $114,248,000 in fiscal year 1999 shall remain since TV Marti began broadcasting in The CHAIRMAN pro tempore. The available until expended, but shall not be 1990, virtually nobody has seen it be- time of the gentleman from Colorado available for obligation until October 1, 1999. cause, sad to say, the Castro govern- (Mr. SKAGGS) has expired. H7108 CONGRESSIONAL RECORD — HOUSE August 4, 1998

(By unanimous consent, Mr. SKAGGS AMENDMENT OFFERED BY MR. MORAN OF VIR- rado (Mr. SKAGGS). It just boggles the was allowed to proceed for 3 additional GINIA TO THE AMENDMENT OFFERED BY MR. mind how with all the priorities that minutes.) SKAGGS we have in this country, that we would Mr. MORAN of Virginia. Mr. Chair- be spending millions and millions of Mr. SKAGGS. Nonetheless we did man, I offer an amendment to the this UHF to VHF conversion, and it dollars to maintain a system that amendment. serves no real function other than per- was really no surprise that the signal The Clerk read as follows: still did not get through. haps a political one. Amendment offered by Mr. MORAN of Vir- I saw the chart up there, and would Let me just give my colleagues some ginia to the amendment offered by Mr. the gentleman confirm that we have visual evidence that was elicited by SKAGGS: Strike the last line of the amendment and more than 40 employees working on TV one of our own government technicians insert ‘‘$374,520,000,’’. Marti compared to a handful on Radio who went down to Cuba to check on Mr. MORAN of Virginia. Mr. Chair- Free Asia and some of the programs what was going on technically. This is man, my amendment is simply a per- that actually are effective? a picture of the TV Marti logo when it fecting amendment. I agree with the Mr. SKAGGS. If the gentleman will came on the air on Channel 64 while gentleman from Colorado that TV yield, that was a calculation of number this USIA technician was monitoring Marti is an unfortunate waste of tax- of FTEs per hour of programming, and signals. A couple of minutes later, once payers’ money. Because its broadcasts it is about 40 FTEs per hour for TV the jamming signal was put on the air are jammed, TV Marti does not have a Marti. Its sister operation, radio, is by Castro’s people, this was the significant audience and in fact I would way down there, around 8 employees jammed picture that came through. think it should be eliminated. Like the per hour. Of course that is radio rather Likewise, sometimes we use a different underlying amendment, my amend- than TV, but even discounting for that, channel. This is what Channel 50 of TV ment deletes the funding for TV Marti it is a very, very rich program. Marti looks like when the jamming is but leaves just a bit more money in the Mr. MORAN of Virginia. This is real- in place. There has been a survey done international broadcasting operations ly an unbelievable waste of taxpayers’ by the U.S. Interest Section at the for other programs. money. Swiss Embassy where we have our pres- Mr. HEFNER. Mr. Chairman, will the ence in Havana showing that virtually b 1530 gentleman yield? no one sees this new UHF signal. Mr. Chairman, I would hope that the The CHAIRMAN pro tempore (Mr. PEASE). The time of the gentleman Now, there is some suggestion that gentleman would accept my amend- from Virginia (Mr. MORAN) has expired. this is still a bargain. Let me just tell ment. Mr. SKAGGS. Mr. Chairman, will the (On request of Mr. HEFNER, and by Members, compared to the costs of our gentleman yield? unanimous consent, Mr. MORAN of other international broadcasting ef- Mr. MORAN of Virginia. I yield to Virginia was allowed to proceed for 2 forts, TV Marti is not only a waste of the gentleman from Colorado. additional minutes.) money because the signal does not get Mr. SKAGGS. Mr. Chairman, I am Mr. MORAN of Virginia. Mr. Chair- through but it’s also a very, very rich pleased to accept the gentleman’s man, I yield to the gentleman from program in terms of our costs of pro- amendment to my amendment, and if North Carolina. ducing an hour that we put on the air. may I ask him to continue to yield, I Mr. HEFNER. Mr. Chairman, without As Members can see, for each hour of think there is one other important con- going into the technical part of broad- programming by comparable efforts, sideration that ought to be brought to casting, I have some experience with Radio Marti 8 to 11 employees; Radio Members’ attention as we deal with broadcasting. I own radio stations, and Free Asia, 8 to 15; Voice of America, this whole issue. sponsors that buy spots on one’s radio 1.3. A real bargain. Just to give Mem- Recently there was a survey done in station or television station, they have bers a television comparison, C–SPAN, Cuba under the auspices of the Broad- to justify that they are reaching so about 9 employees. TV Marti in order casting Board of Governors, the overall many people in their market. to get one hour of programming on the entity that supervises our inter- There is not an investor, there is not air takes 40.6 employees. national broadcasting activities. Based a corporation in the United States that upon that survey, in which 4 people out would pay the tariff to carry the tele- There are other costs as well. Right of 284 surveyed said they may have vision to Marti. This is absolutely a now we have one balloon flying over seen TV Marti in the last few days, our total waste of money. From a practical the Keys for this purpose and for air own Broadcasting Board of Governors standpoint, this is money, and the pri- interdiction, drug interdiction pur- has determined and issued a report orities are absolutely ridiculous. poses. The National Security Council that this UHF signal is jammed just as In the first place, it is probably the has decided that we will risk a hole in easily as the old VHF was and there is highest cost per listener of any station our air defenses by letting this one aer- no significant audience. in the United States or anywhere else ostat balloon instead be used on TV There is going to be, I suspect, some because unless the government pays it, Marti. use of this survey, and I just think it is one could not afford to broadcast this As I said, we have already spent $110 important for Members to understand into this area, and to me we have our million on this. If we fully fund it how this survey was done. The persons priorities kind of messed up here. again we will have gone to about $120 surveyed included only those who had Mr. Chairman, in the Committee on million. This is simply a classic exam- come to the U.S. interest section in the Appropriations we did away with the ple of a failed program. Swiss Embassy in Havana to apply for heating assistance to our poor people and our older people, and we are spend- Supporters of this program say it visas to come to the United States, so ing these millions of dollars on Tele- will be a propaganda victory for the that was not exactly a random sample. vision Marti that is absolutely produc- Castro regime if we eliminate it. I have These are people that are trying to get ing no results. And to me that is a got to believe that it is a much bigger out, understandably so. Also of interest is the fact that in the total waste of money, a total waste of victory for the American taxpayer if waiting room for the U.S. interest sec- priorities, and we should go ahead, just we stop this kind of waste. We are tion there is a television set there go ahead and kill this thing and be spending millions while he is spending which broadcasts TV Marti because done with it because it is absolutely nickels and dimes. We will continue to they have a satellite dish. So the idea useless for the purpose that it was sup- broadcast to Cuba with Radio Marti. that even these 4 people out of 284 give posedly set up to do. This is not giving up on that effort. us any basis for hope that the signal is Mr. Chairman, it is absolutely not I know many colleagues have heard getting through I think is pretty well working, and it is a waste of taxpayers’ my pitch on this before, but it is way undermined by the way this survey was money. past time to put this failed program done. Mr. MORAN of Virginia. Reclaiming out of its misery. I ask for Members’ Mr. MORAN of Virginia. Mr. Chair- my time, Mr. Chairman, it really is a support on the amendment. man, I thank the gentleman from Colo- scandal. I think the only reason that it August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7109 continues is that most taxpayers just TV Marti, but we should not let those do just that. TV Marti challenges Cas- have no idea that this is going on. difficulties bar us or prevent us from tro’s hold by educating the Cuban peo- They have no idea of the facts. They trying. I, for one, am unwilling to give ple about our policies in the United trust the Congress is going to do the up and give in to Fidel Castro. Deleting States and about American society. It right thing with their tax money. the money for TV Marti is running up is critical to fulfilling the mission that But I cannot imagine any objective the white flag to Fidel Castro. USIA has of explaining and supporting observer, any average taxpayer who Mr. Chairman, I do not possess a American foreign policy and of promot- would want their money wasted in such white flag. ing U.S. national interests through a a scandalous fashion as it is with TV We have a duty to press for more wide range of overseas information pro- Marti, where there is no audience, freedom in the prison that lies so close grams. where there is an enormous amount of to our shores and with such strong his- TV Marti offers the U.S. Government overhead, and where no advertiser torical ties with the United States, so our capacity to reach out to the Cuban would ever purchase time because I support continued funding. We will people on two fronts. It is an integral there is no audience to this thing. And encourage the USIA and the Broadcast- component of a multifaceted strategy yet we are spending millions and mil- ing Board that oversees these programs to bring freedom and democracy to the lions and millions of dollars, appar- to bring us some more creative and re- last bastion of communism in our ently for some political purpose but alistic proposals to increase the recep- Western Hemisphere, and it is also a certainly not for any objective public tion of these broadcasts in Cuba, but I conveyor of truth as well as its serv- policy purpose. think we should continue to try. ant. Thus, eliminating TV Marti would So, unless the gentleman has any- The aerostat that is being used as the place truth at a significant disadvan- thing further to add, I will conclude antenna for broadcasting TV into Cuba tage against the venom that is spread my statement, and I appreciate the is a shared aerostat with the Depart- daily by the Castro regime. gentleman from Colorado (Mr. SKAGGS) ment of Defense. Our Nation’s defense We have heard arguments from oppo- accepting the amendment. rests upon this so-called balloon. That nents of TV Marti that it does not Mr. ROGERS. Mr. Chairman, I rise in is the way the DOD communicates. We reach the Cuban people because of jam- opposition. are using the Department of Defense ming by the regime. Well, copies of the The perfecting amendment and the balloon, or aerostat, for reaching an Universal Declaration of Human Rights amendment both would do away with audience in Cuba. that I quoted from earlier and the the funding for TV Marti. The gen- Yes, we have had difficulty in reach- Inter-American Convention on Human tleman from Colorado, a friend and ing into Havana, but we are still reach- Rights, those documents are frequently member of our subcommittee who has ing portions of Cuba. And so I urge the confiscated by the Castro regime. Does served so well in this Congress and in defeat both of the perfecting amend- that mean that we should stop trying our subcommittee, has led a long and ment and the gentleman from Colo- to send these valuable international determined effort to kill funding for rado’s amendment, and hope that the documents to the dissidents, to the TV Marti. This is the most recent chapter of a House will not run up the white flag on growing opposition, to the general pop- long book, and the gentleman is to be this proud building. ulation? Religious groups tell us that commended for, if nothing else, his per- Ms. ROS-LEHTINEN. Mr. Chairman, they routinely try to smuggle bibles sistence and a well-reasoned argument, I move to strike the requisite number into Cuba. Castro’s thugs block their but the full committee again this year of words. distribution. So we should stop sending rejected his amendment in full com- Mr. Chairman, I rise in opposition to bibles to the enslaved Cuban people? Of mittee. It has been rejected in sub- the amendment offered by the gen- course not. committee. It has been rejected in full tleman from Colorado (Mr. SKAGGS) TV Marti is reaching the Cuban peo- committee for several years running. and the amendment offered by the gen- ple. One new viewer means that one Mr. SKAGGS. Mr. Chairman, will the tleman from Virginia (Mr. MORAN). more person will question the situation gentleman yield? Mr. Chairman, the Universal Declara- in Cuba. One more viewer means one Mr. ROGERS. I yield to the gen- tion of Human Rights states that ev- more person that has escaped Castro’s tleman from Colorado. eryone has the right to seek to receive intellectual imprisonment. Mr. SKAGGS. Mr. Chairman, the full and to impart information and ideas Castro used to very massively jam committee adopted the gentleman’s through any media and regardless of Radio Marti, and the opponents on the substitute to my amendment, which frontiers. So for almost four decades other side worked very hard to get the was not ultimately made part of the the people of Cuba have been denied funding out of Radio Marti. Well, now bill because I withdrew it. I think it is this basic, universally-recognized the signal is going through, the tech- not exactly fair to say it was rejected right. They have been denied this right nology was improved, so now they say on the merits. by the Castro regime. we have got to block TV Marti. Mr. ROGERS. Mr. Chairman, the The Cuban dictatorship realized from But if this body passes the Skaggs point is well taken, but again it is the the onset that knowledge empowers, amendment or the Moran amendment, same effort. It is the effort to elimi- and it knew that if it controlled the the House of Representatives would be nate TV Marti funding. flow of information, it would be able to awarding a tremendous victory that we This year the bill includes $9.4 mil- manipulate the Cuban people and for- would be bestowing upon the oppres- lion for TV Marti, which represents a ever imprison them in a parallel world sors, while at the same time depriving continuation of just basic funding. The created by Castro’s lies and twisted the enslaved people of Cuba of a criti- gentleman’s amendment would delete propaganda. Thus, if it were to sustain cal tool that we can give them, which the entire amount. its campaign against the United is unbiased, free information. It would Despite the continuing difficulties States, against American newspapers, essentially cut off the flow to Cuba, as that the gentleman cites in TV Marti, magazines and broadcasts, it had to be the dictatorship would be able to con- terminating this program, Mr. Chair- prohibiting all the information at all centrate its resources on blocking the man, is not the answer. Termination is cost. remaining broadcast, and the result not the answer. Providing accurate and So, Mr. Chairman, the people of Cuba would be an even more strengthened objective news, as we know, helped have lived in absolute darkness about Castro regime. bring about change in the former So- the U.S. commitment to freedom and Does the United States Congress viet Union as well as Eastern Europe, democracy in their island Nation until want to be an accomplice to the fur- and we are now broadcasting, as we all the first broadcast of Radio Marti was ther entrenchment of a regime which know, for the first time into Asia and transmitted into Cuba. Another mile- serves as a safe haven for U.S. crimi- other parts of the world. It can play stone was crossed when TV Marti nals? We have a long list from the FBI the same role in China and in Cuba as began its transmissions in 1990. of U.S. fugitives who are now given ref- well. Do we want to allow the veil of si- uge in Cuba, and we know that Castro We are all frustrated by the difficul- lence to envelope Cuba once again? is harboring global terrorists. We know ties of reaching a large audience with Cutting off funding for TV Marti would that Castro allows Cuba to be used as a H7110 CONGRESSIONAL RECORD — HOUSE August 4, 1998 transit point for illegal narcotics traf- nam; we know how to deal with Korea. ber of the Committee on Appropria- ficking that will later reach the U.S. We even, it looks like, know how to tions and I respect the work done by shores. deal with Iran and Iraq. But we do not both the majority and the minority, We should not be held accountable know how to deal with Cuba. So we but it really hurts to see we are cut- for all of this misery in Cuba. We keep taking taxpayer dollars to build ting education, we are cutting heating should help the Cuban people free this big monster called an island of 11 for senior citizens, we are cutting envi- themselves of the oppressor. We should million people that is somehow going ronmental programs, and we are wast- not be an accomplice for this further to invade us and take us over one day. ing $110 million on a signal that was entrenchment of a regime. We are not going to discuss that part. seen once with some Popeye cartoons. The only choice available to us The only invasion they will make can Mr. GILMAN. Mr. Chairman, I move today, Mr. Chairman, is to support TV be seen at Yankee Stadium and other to strike the requisite number of words Marti and vote against the Skaggs and places where their quality of baseball and I rise in opposition to the amend- the Moran amendments, and I con- continues to increase our quality of ment. gratulate the gentleman from Ken- baseball. (Mr. GILMAN asked and was given tucky (Mr. ROGERS) for his steadfast Mr. Chairman, if Members are going permission to revise and extend his re- support of these very needed programs to support this, support it for what it marks.) of transmission to the enslaved people is. It is a political ploy to satisfy a Mr. GILMAN. Mr. Chairman, I am of Cuba. small group of people. Most people in pleased to rise in strong opposition to that community do not even believe b 1545 the amendment offered by the gen- that this is good use of taxpayer dol- tleman from Colorado (Mr. SKAGGS) Mr. SERRANO. Mr. Chairman, I lars. But what you cannot do is con- which seeks to eliminate TV Marti. move to strike the requisite number of tinue to stand here and say that TV words. Marti is the salvation of American de- Soviet communism may have been a Mr. Chairman, let me first show our mocracy, that TV Marti somehow is bad memory in Europe, but the crush- colleagues two quick things here. First going to save the Western World from ing weight of its repression still bears of all, this picture that the gentleman this monster of an island in the Carib- down on the Cuban people. Cuba is not from Colorado has made available to bean. a normal nation; it is a totalitarian me is a transmitting gadget which TV Marti, I submit once again, is state. A still ruthlessly effective secret costs about $5,000. This is effective in nothing more than a small group of police snuffs out the slightest dissent jamming a signal of one of the largest people’s electronic toy. I do not mind with repression and harsh prison taxpayer’s waste of money, which has them having a toy, but not with my terms. Freedom of the press does not cost $110 million. So for $5,000, I can tax dollars. exist in Cuba. It is even illegal to pos- jam that signal. I think that is a better So I would hope Members would sup- sess a copy of the Miami Herald. The deal. port the gentleman from Colorado’s Universal Declaration of Human Rights Secondly, let us understand what TV amendment, and I will yield to him. I is considered by Cuban officials as Marti is. TV Marti is, and I have called know he has a few additional state- enemy propaganda. it this for many years that I have been ments to make. Uncensored information is freedom’s the coauthor of this book that the gen- Mr. SKAGGS. Mr. Chairman, will the lifeblood in a closed society, and Fidel tleman from Colorado has been writ- gentleman yield? Castro fully knows that. That is why ing, is an electronic toy for a lot of Mr. SERRANO. I yield to the gen- he jams Radio and TV Marti. He does people, for a little group in this coun- tleman from Colorado. not do it 100 percent successfully ei- try, that makes a lot of political dona- Mr. SKAGGS. Mr. Chairman, I appre- ther. That is why he and his regime tions and in return gets a foreign pol- ciate the gentleman yielding. would have cause to celebrate if TV icy that they like. I just wanted to offer some response Marti were silenced by the Skaggs I would hope that instead of taking to the gentlewoman from Florida, who amendment. taxpayer dollars to buy that toy called I know feels deeply and sincerely, and TV Marti, with an appropriation of TV Marti, they would do what I do. I respect her feelings. And if I thought some $9 million, provides the Cuban When I want my electronic toys, I sim- that somehow TV Marti was able to be people with a window to the outside ply use my Radio Shack card, and it is made successful in getting information world and a hopeful glimpse of the fu- much cheaper and does not hurt the into Cuba, then the very moving argu- ture. It is vitally important that taxpayers in any way. So I would rec- ments that the gentlewoman made Cuban-Americans are active partici- ommend that to some folks in Miami would have some real traction. pants in Radio and TV Marti’s good and others places. But this is not DAVID SKAGGS saying It is interesting to note that one of this does not work. Every time we have work. We need to bear in mind that it the things that happened with TV asked some outside group to take a was Fidel Castro who forcibly divided Marti is its offices were moved to Flor- look at this problem of electronics, the Cuban family. Radio and TV Marti ida, I think we did that last year or the how do you overcome a 100-watt helps to reunite the Cuban family in year before, because, supposedly, I jammer with a TV signal from an aero- their common quest for freedom. That think, you could get closer to Cuba stat balloon, they keep coming back is the spirit behind Radio and TV through your transmission, not from and saying it is not feasible. It does not Marti. Washington, but from Florida. I do not work. If TV Marti’s audience is limited, it think that is what it was, but that is That is what we heard from the is because that is the way Mr. Castro what we were told it was. President’s task force in 1991 and 1994. would like it. TV Marti’s reporting is I have a lot of respect for the chair- It is what we heard from the U.S. Advi- journalistically sound and evenhanded. man of the subcommittee, but I keep sory Commission on Public Diplomacy That is why Mr. Castro opposes it. watching him every time he defends in 1991 and 1993. It is what the GAO That is an important argument why we TV Marti to see if he is smiling or not, said in 1992. It is what the advisory should be for it. because I want to make sure that he panel that the Congress set up in 1993 The Castro regime complains loudly really believes everything he is telling told us in 1994. It is what the Commit- at every effort by our Nation to sup- us. tee on Appropriations investigative port freedom in Cuba. We should not Let us understand something: TV staff said in 1995. It is what the Board waver in our message of hope for the Marti may survive today once again. of Broadcasting Governors, the entity Cuban people that one day their night- We are going to get closer to defeating we set up to supervise this whole part mare, too, will end. it one of these days, but it may survive of the government, told us twice this I ask my colleagues to think about again. If it survives, it is only because year. It does not work. the dissidents in Cuba and about the it is a political issue that we Ameri- I am sorry, it does not work. We millions more who quietly resist that cans do not know how to deal with. should not spend money on it. dictatorship. Silencing TV Marti will We found out how to deal with China; Mr. SERRANO. Mr. Chairman, re- send a chilling message to every Cuban we found out how to deal with Viet- claiming my time, I am a loyal mem- who has the courage to struggle August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7111 against Mr. Castro’s tyranny. Accord- any totalitarian state with regards to audience. But I remember, I remember ingly, I urge our colleagues to defeat the reception of our broadcasts, and in 1993 when I was a freshman Member the Skaggs amendment. the survey was specifically with regard of this House and the gentleman from Mr. HEFLEY. Mr. Chairman, I move to what the gentleman from Colorado Colorado (Mr. SKAGGS) had an amend- to strike the requisite number of with his amendment seeks to kill ment, and succeeded at the first stage words. today, Television Marti. That survey, in the appropriations process in killing Mr. Chairman, I am also a member of which was made public first in two radio and television, television and the Committee on Appropriations, and ‘‘Dear Colleagues’’ from the gentleman radio. The greatest success story in the we have worked very, very hard to from Colorado, dated July 23, stated history of USIA broadcasts, the gen- work with very few funds this year. If that TV Marti viewership, and I men- tleman from Colorado (Mr. SKAGGS) we were talking about the things that tion it here, has a 1.5 percent audience tried to kill that as well. But he cannot the gentleman from New York and the share. use the reception argument on that, so gentlewoman from Miami were talking Now, let us look at this. This is the he talks about the reception of TV about, if we were getting results, all survey that I first came across from a Marti. According to the gentleman’s right. Nobody shows us any results report that the gentleman from Colo- own report that he made public, it is from these broadcasts. You air from 3 rado made public now, a 1.5 percent au- 1.5 percent. o’clock in the morning until 8 o’clock. dience share. Let us compare that to Let us be clear. I think the best way I am convinced if they were not the other equally important radio which we can understand what the gen- jammed, there would be very few peo- broadcasts that our Nation sends, for tleman from Colorado (Mr. SKAGGS) is ple watching television at 3 o’clock in example, to China, Radio Free Asia. In after is in Castro’s own newspaper, the morning. Cantonese, 1⁄10 of 1 percent is what that Cuba Workers, from July 20: If you look at the cost, there is not same report from the Board of Gov- The recent budget approved by the U.S. any television station or a band of tele- ernors says is the audience share of House contains funding again for Radio and vision stations that the cost is as much Radio Free Asia in Cantonese, our TV Marti. It is incredible how much money as it is for TV Marti. broadcasts to China. Not 1.5 percent, is wasted to support extremist positions of Somebody is making a lot of money, but 1⁄10 of 1 percent. In English, 6⁄10 of 1 the most conservative American legislators. it is not very efficiently run, and there percent. In Mandarin, 2 percent, com- Fortunately, of course, there are some legis- parable to the 1.5 percent audience lators who have been objective in opposing is, as I said earlier, not a corporation these bills, such as Democrat Representative in the world that would invest money share that TV Marti has. This is with a survey, which, of DAVID SKAGGS, whose analyses prove that in as few listeners as TV Marti has. both Radio and TV Marti are a waste of pub- I made the point about the yoke of course, then in a subsequent Dear Col- lic funds. league, the gentleman from Colorado communism that the Cuban people I do not think it is a time to provide said ‘‘No, no, no, wait a minute. I am bear, and that is a tragedy. But we a victory for Castro. It is a time to not making that survey public; do not have had a policy in Cuba ever since I continue the fight for freedom of infor- pay attention to it now, because I have been involved in politics that has mation for Cuba, and continue funding made reference to it in a Dear Col- not been effective. TV Marti is not ef- for TV Marti. fective, and even the proponents of TV league.’’ Mr. MENENDEZ. Mr. Chairman, I No, I want to make reference and em- Marti can give you no numbers of how move to strike the requisite number of phasis on the survey that the gen- many people that TV Marti is reaching words. tleman from Colorado made public, a and what the cost per listener is that it Mr. Chairman, I rise in strong opposi- 1.5 percent audience share. This was an costs the taxpayers of this country. tion to the Skaggs and Moran amend- actual survey of viewers of Television I yield to nobody in my fight to re- ments. Year after year we have de- lease people from the yoke of com- Marti. What are the comparables with re- feated the attempts to eliminate fund- munism and for defense of this great gard to the radio broadcasts, very im- ing for TV Marti, and to deny over country, but these arguments are pret- portant broadcasts to Croatia and Hun- 40,000 Cubans viewership of this impor- ty ludicrous when you talk about that gary and Slavonia and Russia? They tant independent news. Even those who this is our last stand to try to do away are all comparable, for example, disagree with our policy on Cuba, and with Castro, and that if TV Marti is around the 2 percent range. that is not what is in debate here, must gone, we have lost the whole battle and I do not know if the Russians con- believe in the opportunity for an open we do not have the commitment to the tinue to jam or not. I do know that window of information to the Cuban Cuban people. To me, that is totally lu- when the Russians were at their maxi- people. dicrous, and I would urge that Mem- mum jamming capacity, it was down to If they do not believe in that, then bers vote for the Skaggs amendment. they must take the same position on a what it is in China today, 1⁄10 of 1 per- Mr. DIAZ-BALART. Mr. Chairman, I cent. But I have never heard in the 6 whole host of other TV broadcasting move to strike the requisite number of years that I have been in Congress, nor that we do to other parts of the world words. in my studies beforehand, the gen- that cannot meet the audience share Mr. Chairman, the campaign which tleman from Colorado or the other op- that TV Marti meets. has been led by the gentleman from Supporters of the amendment would ponents of Cuba broadcasting, never Colorado in Jihad fashion for years to have us believe that no one in Cuba is once have I heard them say, ‘‘Oh, wait kill Cuba broadcasting has had many seeing TV Marti. Quite the contrary. a minute. There is jamming. There was tactics and strategies. The tactic that The Broadcasting Board of Governors jamming of Radio Free Europe. There is being emphasized now, the tactic a reports that Cuba has a 1.5 percent au- was jamming of Radio Liberty. There la mode, is Castro jamming. That is dience share in Cuba. That is greater is jamming today by the communist the tactic being emphasized now. than the audience share in 37 other Chinese of Radio Free Asia, so we have We have heard other tactics, and we countries where we have broadcast to eliminate that.’’ have certainly seen them. The gen- No, thank God, they have not em- through VOATV and World Net TV. What are some of those countries? tleman from Colorado referred to re- barked upon their Jihad to try to kill China, North Korea, Pakistan, Soma- port after report, investigation after Radio Free Asia, and they did not try lia, Indonesia, parts of Africa. If we ac- investigation, report after report, in- to kill Radio Free Europe and Radio cept this standard that a 1.5 share is vestigation after investigation that has Liberty. been imposed upon that group of Fed- not enough, then clearly, for all of eral workers, and yet they continue to b 1600 those other countries for which we do their job and to do a good job. But for some reason, they have em- have an interest in sending a message One of the last reports imposed upon barked and they continued to embark from the United States about our in- those Federal workers, done by the on this Jihad to kill Cuba broadcast- tentions vis-a-vis those countries, Board of Broadcasting Governors, con- ing. about our position vis-a-vis those coun- tained a survey, the most scientific and He says now that it is TV Marti that tries, about what we stand for in our empirical survey that has been done in he is after, based on the pretext of the foreign policy, then we must also seek H7112 CONGRESSIONAL RECORD — HOUSE August 4, 1998 to eliminate those, because if not, we on this floor. Now it is limited to TV Mr. Chairman, I rise in support of the have a double standard in the process. Marti. Forty thousand Cubans; the rip- amendment. For years I have sup- Mr. Chairman, that means that 1.5 ple effect: 75,000 who see it at the U.S. ported the efforts of my colleagues to percent more people in Cuba are watch- intersection, the government officials, pass legislation which would make it ing TV Marti broadcasts than there are the military officials who have sat- more difficult for Mr. Castro to con- viewers in China, in North Korea, in ellites. All of them make a dramatic tinue his dictatorship in Cuba. But I Somalia, in Turkey, in Cameroon, and impact, and the ripple effect of that believe also that that effort should be 30 other nations. In fact, audience can flow into the mightiest walls of op- bottomed on effective means of accom- share in North Korea is less than 1 per- pression. plishing the purpose, and that that ef- cent, and the audience share for Can- The CHAIRMAN. The time of the fort should be bottomed on something tonese broadcasts in China is a mere .1 gentleman from New Jersey (Mr. which is going to spend the taxpayers’ percent. Why do we not see amend- MENENDEZ) has expired. money well. ments eliminating funding for broad- (On request of Mr. SKAGGS, and by Here is a picture, and I am sorry that casts to those? By this standard, these unanimous consent, Mr. MENENDEZ was we do not have a bigger one, but this is broadcasts should be eliminated forth- allowed to proceed for 2 additional TV Marti. We are going to spend $9 with. minutes.) million on this picture being displayed The question that I think some have Mr. SKAGGS. Mr. Chairman, will the in Havana. It is going to cost the Cu- failed to ask themselves is why does gentleman yield? bans for the jamming of TV Marti Castro seek to abolish TV Marti? Why Mr. MENENDEZ. I yield to the gen- about the equivalent of the cost of tleman from Colorado. does he care if TV Marti does not pene- about four 100-watt light bulbs a day. Mr. SKAGGS. Mr. Chairman, I know trate Cuba? Because it does. TV Marti That is all it is going to cost. We are the gentleman did not mean to does penetrate Cuba and it does reach mischaracterize the recent survey that going to spend $9 million on this. It some Cuban households. he referred to. In fact, as the gen- will be a fine employment for a number If we think about that, if we think tleman may not be aware, the Broad- of people who will profess their strong about the messages that go to the casting Board of Governors did not find anti-Castro credentials. It will be the Cuban government and the Cuban mili- a 1.5 percent audience share. In fact, continuation of $100 million in wasted tary who do have access to TV Marti they discounted this mock survey that public expenditures belonging to the and our ability to send messages at both the gentleman from New Jersey American taxpayer. that level of the government, if we and the gentleman from Florida earlier It is not long back that there was a think about the ability to be ready in alluded to as being invalid, as having hurricane that hit down there in Flor- a time of transition when jamming any statistical significance at all. ida. It blew down the balloon that may not done, when there is a move- Mr. MENENDEZ. Reclaiming my holds up the transmitter. The interest- ment internally in the country, our time, Mr. Chairman, it is my under- ing thing is that nobody in Cuba knew ability to talk to those people by the standing from Mr. Duffey, who is the whether that balloon was up or down, power of images, such as CNN, it will USIA director and who ultimately and nobody in Cuba knew what was be important. We will not be able to do oversees all of Cuban broadcasting as being sent out on TV Marti. But then, that transmission if we do not have TV part of the broadcasting that the they did not know that when TV Marti at that time. United States Information Agency does Marti’s balloon was up, and they did In our own interest section, TV Marti in terms of surrogate broadcasting, not know that when TV Marti was is played. Over 75,000 Cubans enter our that that 1.5 percent is a valid share of broadcasting. interest section every year. What are the audience. We are the conservators of money be- they doing while they are waiting to Mr. SKAGGS. If the gentleman will longing to the taxpayers of the United see a counselor or officer? They are yield further, Mr. Chairman, in fact it States. The amount in this bill is only seeing TV Marti and the broadcasts is the Board of Broadcasting Governors about $9 million. We can say that is that are recorded. that oversees this entire operation, not not much money, but that is $9 million Yes, Cuba does jam TV Marti some of Mr. Duffy anymore, in terms of policy that we could spend for something else the time, but America has never re- and validation. Mr. Duffy happened to that would be more worthwhile. It is sponded to a recipient country’s jam- dissent from the finding of the Board of something which would enable us to ming of programming by simply giving Broadcasting Governors that basically perhaps have some more effective way up. That is the standard the Members discounted this so-called survey, of dealing with Fidel Castro and his will set. If jamming is the reason why which, as I mentioned earlier, was not thugs. It is also $9 million we could use Members will not permit TV Marti to a scientific survey at all. It was a sur- better on efforts to better the lives of go forward, then understand that if any vey voluntarily returned by visa appli- our people. It is $9 million that we other countries are jammed, we do not cants who had been standing in line. could use better to perhaps reduce the have the audience share, and the same Mr. MENENDEZ. Reclaiming my national debt. situation will be sought to apply for time, I would venture to say that the I understand the enthusiasm of my others. gentleman, with all due respect, and I colleagues who support the cause of The Cuban people have not given up know this is a passionate issue for him Cuba. They figure anything we do on their hope of democracy. I do not and he has pursued it year after year, which is going to hurt Castro is good. think we in America who are a foun- that what the gentleman comes to the That is fine reasoning, providing it in tain and beacon of light to people floor and suggests is also not based on fact does hurt Mr. Castro, and provided throughout the world in terms of infor- any scientific survey. in fact it does see to it that Mr. Castro mation, that we should be giving up on I do believe that Mr. Duffey, who is a leaves office at the earliest possible them and creating a different standard. director of the United States Informa- minute and that democracy be restored Even Joe Duffey of the United States tion Agency and oversees Voice of to Cuba. Certainly that is a laudible Information Agency, the director, in America, World Net TV, and others, goal for the United States. letters to the gentleman from Ken- has a greater ability than the gen- But to spend $9 million a year broad- tucky (Chairman ROGERS), and others tleman or I, sir, to determine whether casting a picture which looks like this have said that they in fact believe that or not something is effective in the to Cuba and culminates in $100 million TV Marti can be effective. We need to context of surrogate broadcasting from in expenditures over time, whose sole make sure that at this point in time we the United States throughout the visible benefit to the United States is in fact stand with the free flow of in- world. that we have provided modest levels of formation. In that context, I am willing to listen increased employment in Florida for Let me close on that. So many of my to the expert in that context. He clear- people who profess to be opposed to colleagues who have a disagreement ly believes that this makes sense. Castro, no. about our policy talk about a free flow Mr. DINGELL. Mr. Chairman, I move I am not a representative of anybody of information. We have heard in the to strike the requisite number of except the American people and the past both Radio and TV Marti attacked words. folks of the 16th District. I think that August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7113 almost every one of us would say that that we are trying to bring freedom tory of the United States of America, that was our function here in the Con- throughout the world today in the are going to back down on our commit- gress, to serve the people that elect us, darkest corners of this planet, where ment to freedom would be absolutely and also to serve the interests of the freedom has what appears to be no tragic. people of the United States. hope, whether it is in North Korea or in I urge my colleagues to defeat this We should look at this picture and China. amendment. ask ourselves whether this is what we We are committed as an institution, Mr. SMITH of New Jersey. Mr. Chair- want to spend our constituents’ money I think universally, every one of us, I man, I move to strike the requisite on. We should ask ourselves whether really believe, as well as every Amer- number of words. we want to spend the taxpayers’ money ican, towards those goals. Yet in those I rise in opposition to the Skaggs on something that has proven to reach countries I just mentioned, as we try amendment which would zero out all so few people, to confer so little benefit to broadcast in to them, the penetra- funding for TV Marti. The Skaggs on the United States, to do so little tion, because of effective jamming, is amendment is aimed at the heart of hurt to communism and Fidel Castro, very, very small. Less than 1 percent of what is sometimes called surrogate and to do so at such large costs. people in those countries are able to broadcasting. An even better term is TV Marti has been reviewed time hear what we broadcast. freedom broadcasting, sending the mes- after time, including by agencies like At no point in the history of the sage of freedom to people who live in the General Accounting Office. They United States of America have we countries where this message is not have found that it is totally ineffec- given up on our actions towards free- permitted to be carried on domestic tive, and it is totally ineffective in dom. This amendment is an attempt to radio and television stations. terms of getting whatever story there do exactly that. I urge my colleagues The Skaggs amendment would de- is out. to defeat this amendment because this prive the many thousands of Cubans The one good thing that can be said would be a dark chapter in the history who are now able to see TV Marti, de- about TV Marti is that it has given a of this House, a turning back of really spite the Castro regime’s jamming of rallying point to anti-Castro Cubans. It over 200 years of American freedom. vital information about the free world. has provided fine employment for My colleagues, several colleagues This would not be the only effects of them. It has given them leverage and have argued of the fact that a very the amendment. If the United States political posture and position in the small percentage of Cubans are able to concedes defeat to Castro, we will also United States, but it has done nothing see TV Marti, I can even accept that, of be depriving millions of Cubans of the to hurt Fidel Castro or communism, or 1.5 percent. But let us talk about what hope that comes with knowing that the to further our American policies. that means. That means 40,000 people, free world cares. Indeed, all it has done has been to 40,000 people do have access. And this is Eliminating freedom television dissipate some significant amounts of not, it is funny, in terms of what the broadcasting to Cuba, as the Skaggs energy, large amounts of the tax- reality is of Cuba. amendment will do, would send exactly payers’ money, and to provide a fiction I happen to represent the district in the wrong message at exactly the that people can come in here and tell this country closest to Cuba. I rep- wrong time. The silencing of TV Marti us something. Look at this picture. resent south Florida and the Florida would provide new hope for the Castro That is what Cubans in Havana are see- Keys, including Key West. When I am dictatorship and a fresh dose of despair ing. It is a picture of a well-scrambled, in Key West, I am 90 miles from Ha- for the Cuban people. well-obfuscated television channel vana. I am actually 110 miles from The argument that TV Marti is tech- which is costing the Cubans virtually Miami. I actually live about 60 miles nologically inadequate and that we nothing, but which costs the United north of Miami. My district goes even should, therefore, not fund it is de- States a lot. Support the amendment. further north, to give my colleagues a signed to be a self-fulfilling prophecy. Let us get rid of this turkey. sense of the geography of south Flor- The Subcommittee on International b ida. Operations and Human Rights, which I 1615 I live in a community, I have friends chair, has examined this question in Mr. DEUTSCH. Mr. Chairman, I move and I have actually been to Cuba on public hearings over the last 3 years. to strike the requisite number of several occasions when we have had We discovered, in effect, that it is too words. emigration go through at Guantanamo soon to evaluate the success of TV Mr. Chairman, this House is the in- station. I have had the opportunity to Marti because, frankly, the Clinton ad- stitution in the world that epitomizes talk to people who literally walk ministration has never really tried to freedom in the world. Our country, the through mine fields, literally walk make TV Marti work. The reasons TV oldest democracy in the history of the through mine fields to get to freedom. Marti does reach some Cubans have world, when we say that it just kind of Some of the people that walked nothing to do with technology. They rolls off our tongues, but I think every through did not make it. It is not a have more to do with administrative once in a while we need to stop and movie. It is a reality of what the coun- timidity. think about what that means. try is today. Right now, because of jamming by The price of freedom has not been We hear from movie stars who go the Castro regime, TV Marti admit- easy, as all of us know. It has been there, the Jack Nicholsons of the tedly has an audience in Havana that is costly in many ways, in lives and world, who idolize or make statements probably limited to about 40,000 people. money over hundreds of years at this about Fidel Castro. I would point my But it could also be received by many point in time. This House and this colleagues to the statement of one of more people outside of the Havana country has had a commitment to our colleagues, the gentleman from area, as well as by government officials that. We have used a variety of meth- California (Mr. LANTOS), who is the and the Communist Party elite who ods to achieve our goals. Who would only Holocaust survivor in this Cham- have access to satellite television. have thought in this Chamber, in this ber, who visited Cuba and talked to us It is important to let these officials country, really in this world that the and said that Cuba today, in terms of know that the world is watching them, Berlin Wall came down, the Soviet the people, is worse than pre-Nazi Ger- but there is no question we can do bet- Union does not exist. And how did that many. That is from his words and from ter. I am informed that Castro has de- happen? his eyes. It is a country of political voted 15 to 20 powerful transmitters to History books will be written about prisoners. It is not the idyllic island in jamming TV Marti, while we employ how it happened, why it happened. But the Caribbean of serenity and golf only one transmitter to send the sig- I think clearly an instrumental part of courses. It is a place of torture. It is a nal. that was Radio Free Europe. The facts demon in our midst, a demon 90 miles In the past when tyrannical regimes are it was jammed. It was jammed on a from our shore. have jammed the Voice of America or continuous basis. It was jammed more To send the message that we do not Radio Free Europe or Radio Liberty, effectively, less effectively during dif- care, that we are willing to put up with we have responded to the jamming ferent points in time. The facts are it, that we, for the first time in the his- with more powerful transmitters and H7114 CONGRESSIONAL RECORD — HOUSE August 4, 1998 multiple transmission sites. When it is worth spending $110 million of the Also likewise with regard to the ad- comes to jamming and finding solu- taxpayers’ money to get this. I do not ministrative problems associated with tions to jamming, we regularly de- believe it is. the program, administrative and mana- feated the Soviet Union in its heyday. I was just up in the Committee on gerial and programming problems, the I believe we can defeat the Castro re- Rules, listening to some of our friends gentleman made comparisons that it gime, at least getting information in. on the majority side explain to the took 40.6 FTEs to produce a unit of The only question is whether we have Committee on Rules that we must broadcasting versus some much small- the political will. I remind my col- eliminate the low-income heating as- er, how much, with regard to radio, 8 leagues that when the authorizing bill sistance program in this country be- for radio for other similar kinds of came up on the floor for the foreign re- cause we cannot afford to provide help broadcasting. lations reform bill, H.R. 1757, I offered to people who make $8500 a year or less b 1630 the amendment on Radio Free Asia to heat their homes. I come from a that would make it a 24-hour service. It State where we have 40-below-zero win- That suggests there are some real is about a third of that right now. ters. I do not think the people in my programmatic inefficiencies, at least, Twenty-four hours, despite the fact district would agree with that state- in this program. And, again, this has that Radio Free Asia was being ment. gone on for a long number of years, 5 jammed routinely by the Beijing dicta- I do not think they would think it years, I know, that the gentleman has torship as well as by the Hanoi dicta- would be better to put money here undertaken this effort. And if in that torship. than it would be to put it in the pock- time we cannot fix these technological, But we made the decision that we ets of seniors and people making less these programmatic and these adminis- were going to try to overcome the ob- than $8500 a year who need help so they trative and managerial problems that stacles and get the message through. I do not have to choose between heating are associated with TV Marti, perhaps happen to believe that that can be the and eating. it is time to call it quits and consider case if there is the political will to do I do not think that the young kids in applying this $9.4 million to some of so. Where there is a will there is a way. this country who are going to be denied the programs that the distinguished Unfortunately, right now we are allow- summer youth employment would ranking minority member alluded to, ing this not to get through, because we think that this is a better investment or other programs in this very tight do not have that want, that ability to than giving them their first experience budget, such as drug courts or bullet- push hard. Really, it is the old Wash- at dealing with the world of work. proof vests or school security person- ington two-step. You cripple it, you do This Capitol just came under assault nel. There are lots of worthy programs not do everything that you could pos- a week and a half ago. I happen to in this bill, lots of efforts that could be sibly do, and then you say it is not think that putting that money that is funded across this Nation with this $9.4 working. wasted on this nonsense would be far million. We have yet to really try, and I re- better spent if we put it into programs Mr. SKAGGS. Mr. Chairman, will the member when Radio Marti, when Mem- to help children with mental health gentleman yield? bers would stand up and many of the problems so that they do not grow up Mr. MOLLOHAN. Mr. Chairman, I opponents who are against it would to be the kind of nut cakes who just at- commend the gentleman for his effort stand up and say it is not getting tacked the Congress last week and and yield to the gentleman from Colo- through. It is getting through now in killed two people who gave their lives rado. many instances, and I think the same to defend the people who work in this Mr. SKAGGS. Mr. Chairman, I appre- will happen with TV Marti. We have place or visit this place every day. ciate the gentleman yielding. My sense got to have the political will, and hope- We need to make serious choices is we may not have other speakers, and fully the administration will get that about where money goes. This, Mr. I want to take a very brief moment to soon. Chairman, is not a serious choice. close the debate, if I may. Mr. OBEY. Mr. Chairman, I move to Support the Skaggs amendment. Again, with all respect to the ear- strike the requisite number of words. Mr. MOLLOHAN. Mr. Chairman, I nestness and the heartfelt commitment Mr. Chairman, I just do not know move to strike the requisite number of expressed by those that oppose this what is wrong with the gentleman from words. amendment, I have to say to them that Colorado. I just do not understand why Mr. Chairman, I rise in support of the we have tried and tried and tried, and he thinks it is a waste to spend $110 gentleman’s amendment. I have lis- this simply does not work. million to produce such a beautiful ex- tened to the sincerity of the debate on It is not, as the gentleman from New ample of modern art. both sides. And I simply want to note Jersey suggested a moment ago, a This, as has been indicated in the de- at the beginning that I do not think question of political will. Political will bate before, is a picture of the channel that the gentleman from Florida (Mr. cannot repeal the law of physics, and it 50 as it is being jammed by Cuban au- DIAZ-BALART) really meant to charac- is the basic electronics of this that thorities. This is what Cubans are terize the efforts of the gentleman make it doomed to failure. learning when they watch the TV chan- from Colorado (Mr. SKAGGS) as being a To compare it with radio is to do the nel which is being jammed. I, for the jihad against anything, really. At apples and oranges thing. Yes, radio life of me, cannot figure out why on least, if he did, I consider it to be a works, and all of the statistics cited I earth the gentleman from Colorado really unfortunate characterization. would not refute because they are radio thinks it is a waste of money to I think the Skaggs amendment is statistics, and I am not touching Radio produce such a gorgeous picture. nothing more or less than a sincere ef- Marti. It does get through. Although a I would have to say seriously, Mr. fort to cut funding this year, some 9.4 few years ago I criticized it and at- Chairman, it is my responsibility in million in this bill, for a program tempted to cut funding for it, it has re- this House, as the ranking Democrat which really has little demonstrable ef- formed and it is now a legitimate, wor- on the Committee on Appropriations, fect, however well intentioned. thy operation. to review spending priorities, not just I believe, if I am not mistaken, this I just ask my colleagues again to in this subcommittee but in all 13 sub- has been the fifth year that the gen- stop the insult to the American tax- committees across the government, tleman has offered such an amendment payer of spending $10 million year in and try to decide where we must have to cut TV Marti. And for those who are and year out to send no-see TV to money spent and where it would be concerned that he is initiating this ef- Cuba. Stopping this will be a victory nice to have money spent but, nonethe- fort in an untimely way, that TV Marti for them, not cause for celebration for less, cannot afford to have it spent. If has not had an opportunity to fix the Castro, because we will continue to ever there was an area that fell into technical problems, I would suggest penetrate that closed society with the latter category, this is it. that if within 5 years we cannot fix the Radio Marti. I would simply point out, the issue is technical problems associated with Mr. KENNEDY of Rhode Island. Mr. not whether we like Mr. Castro or not. broadcasting TV Marti to Cuba, then Chairman, I move to strike the req- The issue is whether or not we think it perhaps it is time to stop funding it. uisite number of words. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7115 Mr. Chairman, I want to conclude country to make sure freedom of pictures say? They say to me that this debate. I know it has been debated speech is not killed altogether on the these are people who are risking their here this afternoon, the issue of Radio island of Cuba. lives to live in freedom, to live in de- Free Marti, and the issue of what util- Mr. SOLOMON. Mr. Chairman, will mocracy, to live in the best of what ity it has even though there is quite a the gentleman yield? brought us here to this country, wheth- bit of jamming going on. Mr. KENNEDY of Rhode Island. I er we are native born or a naturalized I can tell my colleagues that Radio yield to the gentleman from New York. American, as I am. This picture says a Free Marti is something that is impor- Mr. SOLOMON. Mr. Chairman, I lot to me. tant to the people of Cuba, who remain thank the gentleman for yielding, and Mr. PAPPAS. Mr. Chairman, the Cuban faithful to the ideal that they will I just want to say that I associate my- people are yearning to breathe free. They are someday have a democracy, and that self with the remarks of the gentleman yearning for unbiased informationÐnot com- will be based upon the freedoms that from Rhode Island. He is absolutely munist propaganda from the Castro regime. we enjoy in this country: the freedoms right. It is absolutely imperative we TV and Radio Marti provide this medium of in- of speech. But we cannot expect that defeat the Skaggs amendment and vote formation to a people who are desperately this thing is going to be born over- ‘‘no’’on it. seeking freedom. The United States via TV night. And the only way for us to pre- Mr. KENNEDY of Rhode Island. Mr. and Radio Marti greatly assists those who pare a free Cuba is to be able to prepare Chairman, I take note of my col- struggle for basic political and human rights Cuba for the transition that it is inevi- league’s comments from New York and everyday of their lives. tably going to make to a democracy, say that I am glad that we have finally Imagine, Mr. Chairman, if you were forced and the way to do that is through the reached some accord on some issue on to watch or listen to controlled information that instruments of democracy, and that is this floor. merely glorifies a communist dictator and his Mr. SKAGGS. Mr. Chairman, will the through freedom of speech. policies and covers up the atrocities being in- Mr. Chairman, maybe not all of the gentleman yield? Mr. KENNEDY of Rhode Island. I flicted on the Cuban people. Imagine, that you people of Cuba are able to hear Radio were not told that your country received re- Free Marti, but there are over 40,000 yield to the gentleman from Colorado. Mr. SKAGGS. The Kennedy-Solomon sounding criticism from the international com- who are definitely able to tap into rapprochement will be noted in the munity when they brutally shot down Ameri- Radio Free Marti. And I know, from record, I am sure. cans over international waters. Imagine you speaking to Cuban exiles here in this I just wanted to make sure the gen- were not told that only the communist party country that have spoken to me about tleman was aware, as he may not be, elite were being paid in hard currency for their their experience in Cuba, that they that my amendment does not deal with work with the tourist industry while the aver- have translated to me the fact that al- Radio Marti, to which the gentleman age Cuban citizen was paid in worthless though not everybody in Cuba is able addressed all of his remarks. It is about pesos. Mr. Chairman, if TV and Radio Marti to receive Radio Free Marti, the fact TV Marti. did not report this information (the truth) the remains that their family members, Mr. KENNEDY of Rhode Island. Ex- Cuban people would be without a great re- their friends and so forth, amongst cuse me. I mean to correct that. But source and their quest for a democratic nation them all someone receives it and is the point of my remarks holds true, be- would be severely damaged. able to spread the word. cause what I am talking about here is Mr. Chairman, lets be honest with the How do we suppose that the under- the voice of democracy, whether that is Cuban people and let then have access to the ground press is able to operate over TV or radio. The issue here is making real story. Defeat these amendments. there? They are not able to operate in sure the message gets across to the The CHAIRMAN. The question is on the current environment but for the people of Cuba, and that is what is so the amendment offered by the gen- fact that Radio Marti helps to balance fundamental here. tleman from Virginia (Mr. MORAN) to out the flow of information that is Ms. ROS-LEHTINEN. Mr. Chairman, the amendment offered by the gen- being received by the people of Cuba. will the gentleman yield? tleman from Colorado (Mr. SKAGGS). Are we supposed to give up on the peo- Mr. KENNEDY of Rhode Island. I The amendment to the amendment ple of Cuba just because a majority of yield to the gentlewoman from Florida. was agreed to. people do not get Radio Free Marti? Ms. ROS-LEHTINEN. Mr. Chairman, The CHAIRMAN. The question is on Are we supposed to assume that just I thank my colleague for yielding to the amendment offered by the gen- because a majority do not understand me. tleman from Colorado (Mr. SKAGGS), as it and receive it, that those that do are So many of our colleagues have been amended. not spreading the word informally holding up a picture, and they say does The question was taken; and the through the grapevine? this picture justify spending that much Chairman announced that the noes ap- I think that this is an important ve- money on the transmissions of TV peared to have it. hicle for us to build a solid foundation Marti? Let me show my colleagues a for a future relationship between the RECORDED VOTE few more pictures. These are children Mr. SKAGGS. Mr. Chairman, I de- United States and Cuba. Keep in mind, who were killed by Castro’s thugs just and I will conclude with this, keep in mand a recorded vote. a few years ago. A recorded vote was ordered. mind that Cuba is 90 miles off the coast This is a child just a few months old. The vote was taken by electronic de- of the United States. Someday we hope This is a child about my daughter’s vice, and there were—ayes 172, noes 251, to enjoy a good strong relationship age, right behind me, about 12 years of not voting 11, as follows: based upon democracy, and I should age. These were children who were think that this is an investment that is killed, massacred, by Castro’s thugs be- [Roll No. 382] worth our while because there is going cause they attempted to leave the is- AYES—172 to be a country that is close to us, and land. Abercrombie Carson Doyle they are going to look back and under- Now, this news was not broadcast on Allen Christensen Edwards Baesler Clayton Ehlers stand that we were with them, the peo- the Island of Cuba. Because of Radio Barrett (NE) Clement Eshoo ple of Cuba, I mean, all along, even and TV Marti, people understood what Barrett (WI) Clyburn Etheridge though we were against their govern- these pictures meant. And these pic- Becerra Coble Evans Bentsen Collins Farr ment. tures were transmitted on TV Marti Berman Cummings Fattah I think that is the message that we airwaves. And as it has been pointed Berry Danner Fazio want to make sure the people of Cuba out, these pictures have been shown to Blumenauer Deal Filner understand, is our beef is not with the thousands of Cubans who daily visit Boehlert DeFazio Ford Bonior DeGette Frank (MA) people of Cuba, it is with the Cuban our U.S. interest section in Havana, Borski Delahunt Frost government that continues, as all press thousands of people who go there be- Boucher DeLauro Ganske have acknowledged, to be amongst the cause they are waiting for visas to Brady (PA) Dicks Gejdenson most repressive regimes on the issue of Brown (CA) Dingell Gibbons come to the United States. Brown (OH) Dixon Gilchrest free speech. So I think that means even How about these pictures, I would Camp Doggett Hamilton more of an obligation for us in this say to my colleagues? What do these Capps Dooley Harman H7116 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Hefner Millender- Sanders Oxley Royce Spratt young people each and every year. This Hilliard McDonald Sandlin Packard Ryun Stearns Hinchey Miller (CA) Sawyer Pallone Salmon Stenholm money has been matched at least dol- Hinojosa Minge Schumer Pappas Sanford Stump lar for dollar by local sources and is Hoekstra Mink Scott Pascrell Saxton Talent sustained in the long-term by private Holden Moakley Sensenbrenner Pastor Scarborough Tauzin sector funding, including companies Hooley Mollohan Serrano Paxon Schaefer, Dan Taylor (NC) Houghton Moran (VA) Shuster Pease Schaffer, Bob Thomas such as Coca-Cola, Nike, Tupperware, Hoyer Morella Skaggs Peterson (PA) Sessions Thornberry Major League Baseball, Ford Motor, Jackson (IL) Nadler Slaughter Petri Shadegg Thune EDS, Taco Bell and many, many oth- Jefferson Neal Smith, Adam Pickering Shaw Tiahrt ers. Johnson (WI) Nethercutt Snyder Pitts Shays Traficant Johnson, E. B. Neumann Stabenow Pombo Sherman Wamp With more than 2,000 local clubs serv- Kanjorski Oberstar Stark Porter Shimkus Watkins ing nearly 3 million young people, pri- Kelly Obey Stokes Portman Sisisky Watts (OK) marily in at-risk communities, this Kildee Olver Strickland Pryce (OH) Skeen Weldon (FL) Kind (WI) Owens Stupak Radanovich Skelton Weldon (PA) money is very well spent. Kleczka Parker Sununu Redmond Smith (MI) Weller It is an effort to provide productive Klink Paul Tanner Reyes Smith (NJ) Wexler activities that offer our youth an alter- Kolbe Payne Tauscher Riggs Smith (OR) White native to crime. LaFalce Pelosi Taylor (MS) Riley Smith (TX) Whitfield Lee Peterson (MN) Thompson Rogan Smith, Linda Wicker Mr. Chairman, I understand that the Levin Pickett Thurman Rogers Snowbarger Wilson other body has allocated $40 million for Lewis (GA) Pomeroy Tierney Rohrabacher Solomon Wise the Boys and Girls Clubs program. Lofgren Poshard Torres Ros-Lehtinen Souder Young (AK) Lowey Price (NC) Turner Rothman Spence Young (FL) Given the increased needs of the pro- Luther Quinn Upton gram and its record of achievement in NOT VOTING—11 Maloney (NY) Rahall Vela´ zquez outreach, will the gentleman work Markey Ramstad Vento Clay Gonzalez McInnis with me to provide access to additional Martinez Rangel Visclosky Conyers Hall (OH) Towns Mascara Regula Walsh Cunningham Kilpatrick Wolf funds in the conference committee? Matsui Rivers Waters Furse McCarthy (MO) Mr. ROGERS. Mr. Chairman, will the McCarthy (NY) Rodriguez Watt (NC) gentleman yield? Waxman b 1700 McDermott Roemer Mr. BARCIA. I yield to the gen- McGovern Roukema Weygand Messrs. GRAHAM, LAMPSON, McIntyre Roybal-Allard Woolsey tleman from Kentucky. McKinney Rush Wynn SHERMAN, BILBRAY and SHIMKUS Mr. ROGERS. Mr. Chairman, this has Meehan Sabo Yates changed their vote from ‘‘aye’’ to ‘‘no.’’ been a worthwhile program, as the gen- Meeks (NY) Sanchez Messrs. PAUL, COBLE, NEUMANN tleman has indicated, and I will be and Ms. DELAURO changed their vote NOES—251 happy to work with the gentleman to from ‘‘no’’ to ‘‘aye.’’ consider a possible increase in money Ackerman Davis (VA) Istook So the amendment, as amended, was Aderholt DeLay Jackson-Lee within our budget limits, which as you rejected. Andrews Deutsch (TX) know are very tight. The result of the vote was announced Archer Diaz-Balart Jenkins The CHAIRMAN pro tempore. The Armey Dickey John as above recorded. Bachus Doolittle Johnson (CT) The CHAIRMAN pro tempore (Mr. Clerk will read. Baker Dreier Johnson, Sam The Clerk read as follows: Baldacci Duncan Jones LATOURETTE). The Clerk will read. Ballenger Dunn Kaptur The Clerk read as follows: FEDERAL PRISONER DETENTION Barcia Ehrlich Kasich In addition, $25,553,000, for such purposes, For expenses, related to United States Barr Emerson Kennedy (MA) to remain available until expended, to be de- prisoners in the custody of the United States Bartlett Engel Kennedy (RI) rived from the Violent Crime Reduction Marshals Service as authorized in 18 U.S.C. Barton English Kennelly 4013, but not including expenses otherwise Bass Ensign Kim Trust Fund. provided for in appropriations available to Bateman Everett King (NY) JUSTICE PRISONER AND ALIEN TRANSPORTATION the Attorney General, $425,000,000, as author- Bereuter Ewing Kingston SYSTEM FUND, UNITED STATES MARSHALS Bilbray ized by 28 U.S.C. 561(i), to remain available Fawell Klug SERVICE Bilirakis Foley Knollenberg until expended. Bishop Forbes Kucinich There is hereby established a Justice Pris- FEES AND EXPENSES OF WITNESSES Blagojevich Fossella LaHood oner and Alien Transportation System Fund Bliley Fowler Lampson for the payment of necessary expenses relat- For expenses, mileage, compensation, and Blunt Fox Lantos ed to the scheduling and transportation of per diems of witnesses, for expenses of con- Boehner Franks (NJ) Largent United States prisoners and illegal and tracts for the procurement and supervision Bonilla Frelinghuysen Latham criminal aliens in the custody of the United of expert witnesses, for private counsel ex- Bono Gallegly LaTourette penses, and for per diems in lieu of subsist- Boswell Gekas Lazio States Marshals Service, as authorized in 18 Boyd Gephardt Leach U.S.C. 4013, including, without limitation, ence, as authorized by law, including ad- Brady (TX) Gillmor Lewis (CA) salaries and expenses, operations, and the ac- vances, $95,000,000, to remain available until Brown (FL) Gilman Lewis (KY) quisition, lease, and maintenance of aircraft expended; of which not to exceed $6,000,000 Bryant Goode Linder and support facilities: Provided, That the may be made available for planning, con- Bunning Goodlatte Lipinski Fund shall be reimbursed or credited with struction, renovations, maintenance, remod- Burr Goodling Livingston advance payments from amounts available eling, and repair of buildings, and the pur- Burton Gordon LoBiondo chase of equipment incident thereto, for pro- Buyer Goss Lucas to the Department of Justice, other Federal Callahan Graham Maloney (CT) agencies, and other sources at rates that will tected witness safesites; and of which not to Calvert Granger Manton recover the expenses of Fund operations, in- exceed $1,000,000 may be made available for Campbell Green Manzullo cluding, without limitation, accrual of an- the purchase and maintenance of armored Canady Greenwood McCollum nual leave and depreciation of plant and vehicles for transportation of protected wit- Cannon Gutierrez McCrery equipment of the Fund: Provided further, nesses. Cardin Gutknecht McDade That proceeds from the disposal of Fund air- Castle Hall (TX) McHale SALARIES AND EXPENSES, COMMUNITY Chabot Hansen McHugh craft shall be credited to the Fund: Provided RELATIONS SERVICE Chambliss Hastert McIntosh further, That amounts in the Fund shall be For necessary expenses of the Community Chenoweth Hastings (FL) McKeon available without fiscal year limitation, and Relations Service, established by title X of Coburn Hastings (WA) McNulty may be used for operating equipment lease the Civil Rights Act of 1964, $6,699,000 and, in Combest Hayworth Meek (FL) agreements that do not exceed 5 years. Condit Hefley Menendez addition, up to $1,000,000 of funds made avail- Cook Herger Metcalf Mr. BARCIA. Mr. Chairman, I move able to the Department of Justice in this Act Cooksey Hill Mica to strike the last word. may be transferred by the Attorney General Costello Hilleary Miller (FL) Mr. Chairman, the Committee has to this account: Provided, That notwith- Cox Hobson Moran (KS) standing any other provision of law, upon a Coyne Horn Murtha been very generous in the past 2 years in appropriating some $20 million each determination by the Attorney General that Cramer Hostettler Myrick emergent circumstances require additional Crane Hulshof Ney year to the Boys and Girls Clubs of funding for conflict prevention and resolu- Crapo Hunter Northup America from the Local Law Enforce- Cubin Hutchinson Norwood tion activities of the Community Relations Davis (FL) Hyde Nussle ment Block Grants program to assist Service, the Attorney General may transfer Davis (IL) Inglis Ortiz them in reaching an additional 400,000 such amounts to the Community Relations August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7117 Service, from available appropriations for so they will be able to use that money harmony, the ethnic harmony, the reli- the current fiscal year for the Department of in addition to this amendment. But gious harmony that this Nation truly Justice, as may be necessary to respond to they are still underfunded. They have agrees with. such circumstances: Provided further, That worked hard in my home State around Finally, Mr. Chairman, that I thank any transfer pursuant to the previous pro- viso shall be treated as a reprogramming this very crucial tragedy in Jasper, those who have assisted me in this under section 605 of this Act and shall not be Texas. amendment and ask that we realize the available for obligation or expenditure ex- Let me share with this body a letter importance of the Community Rela- cept in compliance with the procedures set dated July 13, 1998 from the mayor of tions Service and provide this addi- forth in that section. the city of Jasper, Mayor Horn: tional funding so that they may do AMENDMENT OFFERED BY MS. JACKSON-LEE OF I am writing to alert you to the excellent their job well. TEXAS work of the U.S. Department of Justice Com- (On request of Mr. DIXON, and by Ms. JACKSON-LEE of Texas. Mr. munity Relations Service in helping to keep unanimous consent, Ms. JACKSON-LEE Chairman, I offer an amendment. this community together after the tragic of Texas was allowed to proceed for 2 The Clerk read as follows: and brutal murder of Mr. Byrd on June 7, additional minutes.) 1998. As a local official in Jasper County, I Amendment offered by Ms. JACKSON-LEE of am particularly concerned about the effect Ms. JACKSON-LEE of Texas. I yield Texas: such a heinous incident can have on a com- to the gentleman from California. On page 11, line 14, strike $6,699,000 and in- munity. Mr. Ephraim V. Martinez from the Mr. DIXON. I would like to congratu- sert $7,199,000. Houston CRS office met with us shortly after late the gentlewoman for this excellent Ms. JACKSON-LEE of Texas. Mr. the tragedy and he and other CRS staff have amendment. The testimony by the At- Chairman, this amendment means a lot been there practically every day since then torney General of the United States is to many of us and before I start, I meeting with all segments of our community that CRS does excellent work. Her would like to thank both the gen- in providing valuable support. CRS was also amendment will certainly add to the with us as we made preparations for the re- tleman from California (Mr. DIXON), efficiency of the organization. I would the ranking member, the gentleman cent rallies by the KKK and the New Black Panther Party. In August CRS will be pro- urge the chairman and the ranking from West Virginia (Mr. MOLLOHAN), viding diversity and conflict management member to accept this amendment. and the chairman, the gentleman from training to school district personnel and Mr. ROGERS. Mr. Chairman, will the Kentucky (Mr. ROGERS), for their sup- later to students, and in addition they will gentlewoman yield? port and because of their understand- be helping us to fund and to organize a city- Ms. JACKSON-LEE of Texas. I yield ing of the impact and the concern that wide community task force to deal with to the gentleman from Kentucky. is raised by this amendment. these racial concerns. Mr. ROGERS. I am prepared to ac- If we all could imagine just for a mo- CRS was crucial in helping the com- cept the amendment. I think it is an ment a dark and winding road on a munity begin healing during the after- excellent amendment and would be pre- very, very dark night and the next math of Mr. Byrd’s tragic death and as pared to accept it, but I would hope morning finding a bloody path of the well they worked very hard during the that we could do that very quickly, be- dismembered body of James Byrd. This recent rallies opposing the KKK. cause we do have much more business incident rocked not only this Nation Mr. Chairman, I can say to Members, to attend to. Can we agree and let this but it rocked the world and a town like I was there along with my colleagues be the end of it? Jasper was put in the spotlight. from Texas and particularly the gen- Ms. JACKSON-LEE of Texas. Mr. If there ever was a time that a city tleman from Texas (Mr. TURNER) who Chairman, if the gentleman from Ken- needed the cooperative, quiet expertise represents that area, during these trou- tucky would be so kind, because he has of the Community Relations Service, bling times. We saw the tension, the been kind, I know we had a very vigor- possibly a little known service of the pain, the dismay, and CRS was on the ous debate, if he would allow three United States Justice Department, it ground helping that community to speakers who have been waiting here was certainly then at a very difficult heal. They were not fearful, they were for three hours to speak and contain time in June in the State of Texas and not hysterical, they were calm. And their remarks in maybe five minutes, in the city of Jasper. the local officials welcomed them into because I am told they will be very But the work of the Community Re- their community. They brought to- brief, I would ask his indulgence be- lations Service is not limited to a trag- gether all kinds of people, in prayer, in cause some of them have had personal edy like Jasper. We find that that serv- deliberation and, yes, in resolution. experience with the CRS, and then we ice with limited staff goes through this CRS services are sought by mayors, po- would be happy to close at that point. Nation to bring unity and commonal- lice chiefs, school superintendents and Mr. ROGERS. The gentlewoman has ity and to bring people together after civic leaders. three speakers? tragic events or when local officials Mr. Chairman, is it not true an im- Ms. JACKSON-LEE of Texas. Yes. feel that there is no way they can han- portant part of the Federal Govern- And I believe, I do not want to speak dle these issues alone. ment is to coalesce with those individ- for them, but I believe they may be Mr. Chairman, I rise to provide addi- uals in local government to make bet- able to summarize in that time frame tional funding to the Community Rela- ter what is bad? The Community Rela- of the five minutes. tions Service, and I am pleased to say tions Service helps to bring about ra- CITY OF JASPER, that this service is receiving the rec- cial harmony over racial disharmony. Jasper, TX, July 13, 1998. ognition it deserves under the current The CHAIRMAN pro tempore. The Hon. SHEILA JACKSON LEE, Commerce, Justice, State appropria- time of the gentlewoman from Texas U.S. House of Representatives, tions bill. (Ms. JACKSON-LEE) has expired. Washington, DC. The Committee on Appropriations (By unanimous consent, Ms. JACK- Dear MS. LEE: Let me first of all express has generously agreed to increase CRS SON-LEE of Texas was allowed to pro- my appreciation for being with us during the funding by an additional $500,000 with ceed for 1 additional minute.) funeral services for James Byrd, Jr. on June an additional authorization under the Ms. JACKSON-LEE of Texas. But yet 13, 1998, and for your continued support. I am writing to alert you to the excellent Attorney General’s funding for $1 mil- in all of that, we find that CRS has had work of the U.S. Department of Justice, lion. This goes a long way beyond the to deny over 40 percent of the appli- Community Relations Service (CRS) in help- $5.3 million presently allotted. cants who have wanted them to come ing to keep this community together after In May 1998, $2 million was trans- in and assist in promoting racial har- the tragic and brutal murder of Mr. Byrd on ferred from the Assets Forfeiture Fund mony. We have also found that they June 7, 1998. As a local official in Jasper under appropriations to the CRS. That have helped in communities that suf- County, I am particularly concerned about added additional money. This money, fered the rage of Church arson burn- the effect such a heinous incident can have however, was specifically earmarked as ings. on a community. Mr. Efrain V. Martinez from the Houston a one-time-only increase in order to CRS has a staff that is overworked. CRS office met with us shortly after the enable CRS to update their archaic With this increased funding, I hope tragedy, and he and other CRS staff have computer systems. Presently CRS has CRS can increase staff and go out into been here practically every day since then, only used $800,000 of those moneys and new areas and bring about the racial meeting with all segments of our community H7118 CONGRESSIONAL RECORD — HOUSE August 4, 1998 and providing valuable support. CRS was b 1715 mocracy is that people do have an op- also with us as we made preparations for the portunity of free speech, open and recent rallies by the KKK and the New Black I come from an area that has had sev- eral racial conflicts, and if it were not healthy debate and dialogue, in support Panther Party. In August, CRS will be pro- of their views and opinions, and I viding diversity and conflict management for the intervention of the CRS, much training to school district personnel, and could have happened that did not. They would trust that we would not in any later to students. come in in a professional way, they way interrupt that in this very beau- CRS staff is currently working with us in work with the groups there, they work tiful process called the United States convening a permanent, city-wide commu- with the agencies, they work with the Congress. nity task force to deal with racial concerns The gentlewoman from Texas (Ms. people on the street, and it is always and other matters that have surfaced as a re- JACKSON-LEE) has offered a very potent good to have a Federal presence in the sult of the tragedy. The task force will be amendment. We cannot ignore the neighborhood and in the community under my office, and will be called the May- problem of the lingering racism in our or’s Community Task Force ‘‘2000’’. when violence or conflict happens. CRS is a unique arm of the Federal govern- Mr. Chairman, I think we should re- society in recent months. We have seen ment, charged with helping communities ad- alize that this is an important service racism expressed in violent and grizzly dress tensions which arise due to differences that the Department of Justice gives, fashion. The Nation was horrified when in race, ethnicity and national origin. While and it is always good for people to see James Byrd was dragged to his death cases like the incident in Japser grab the behind a pickup truck in Jasper, Texas, both sides of the Department of Jus- media headlines and shock the nation, CRS just because he was African American. tice, not just the enforcement side but responds to similar incidents, large and The Community Relations Service small, across the country. I also have be- the preventive side. When they come in played a key role in keeping the com- come aware of the excellent work CRS did to and help to have some of the conflict munity of Jasper together after this resolve tensions between Vietnamese fisher- resolved, it is extremely important, tragic incident and prevented the men and the KKK on the Texas coast, and and they do not come in and try to spread of more violent racial incidents. the issues between Vietnamese store opera- work alone. They work with the en- tors and African-American communities in Mr. Chairman, CRS services help Houston, and blacks and police issues in Aus- forcement agencies that are already in local communities prevent racial con- tin. Last year, it also convened church arson those communities. flicts and violence, and I would trust I am from Miami, Florida. I have prevention seminars in several Texas cities, that we would continue to ensure that including Houston and San Antonio. Earlier seen CRS work, and I do hope, because the amendment of the gentlewoman this year, it conducted hate crimes training they have accepted this amendment, I from Texas (Ms. JACKSON-LEE) is in for police officers, and police executives in think the gentleman from Kentucky the Houston area and in Corpus Christi. fact upheld for this vital and necessary (Mr. ROGERS) and his committee have In recent years, CRS has struggled to and humanitarian endeavor. maintain adequate funding. In FY 1998, CRS done a credible job of accepting this Mr. TURNER. Mr. Chairman, I move suffered massive budget reductions which amendment because it is good and it is to strike the requisite number of cut the agency in half. With a modest budget needed. words. of $5.3 million, CRS now has the smallest Ms. EDDIE BERNICE JOHNSON of Mr. Chairman, I rise in support of the staff in its history. Texas. Mr. Chairman, I move to strike Community Relations Service and the I am asking you, as an elected representa- the requisite number of words. tive of our great state, to help support the Jackson-Lee amendment. As many of Mr. Chairman, I simply want to say my colleagues know, Jasper, Texas, lo- Community Relations Services (CRS). Presi- that I support this amendment. Clear- dent Clinton has requested funding for CRS cated in my congressional district, ex- at $8.9 million for 1999. This represents a ly, they have been extremely respon- perienced a terrible racially-motivated small investment given CRS’ valuable and sive. I made a request Monday follow- crime when James Byrd, Jr., was bru- critical work in communities across Amer- ing the funeral, spoke very personally tally dragged from the back of a pickup ica. We here in Japser certainly appreciate to the Director of the FBI as well as by three white men identified with its assistance. Ms. Ochi, who is the National Director white supremacy groups. For all of us Thank you for your attention and consid- of CRS. They have come to give dates, eration. who believe that racial prejudice and Sincerely, and they will continue to work in that hatred have no place in American soci- R.C. HORN, community, and they have been re- ety, this tragic event serves as a re- Mayor. sponsive not only for that community minder of how much is left to be done. Mr. ROGERS. Mr. Chairman, I ask but for communities all over the Na- Shortly after Mr. Byrd’s death my unanimous consent that the gentle- tion. fellow congressional colleagues and I woman be given three minutes to yield Mr. DAVIS of Illinois. Mr. Chairman, passed a resolution asking that we join as she sees fit. I move to strike the requisite number together to eliminate the vestiges of The CHAIRMAN pro tempore. Is of words. racial hatred remaining in our society. there objection to the request of the Mr. Chairman, I certainly do not in- Now we have a chance to put our gentleman from Kentucky? tend to prolong the time. As a matter money where our mouth is. Mr. MOLLOHAN. Mr. Chairman, I ob- of fact, Mr. Chairman, I would hope Mr. Chairman, the Community Rela- ject. We can get the gentlewoman that the agreement would, in fact, tions Service has done an outstanding time, but these other speakers have stand, that this amendment be accept- job in keeping the community together been waiting. Under the five-minute ed. I simply rise because it is such an in Jasper after the tragic and brutal rule they have a right to strike the last important concept; that is, the concept murder of James Byrd on June 7 of this word and have their own time. of resolving conflict, not just letting it year. Mr. Efrain Martinez from the The CHAIRMAN pro tempore. Objec- lay, not letting it go, not hoping that Houston CRS office met with Mayor tion is heard. things are going to work out but actu- R.C. Horn and community leaders in Mr. ROGERS. Then I am not so sure ally putting resources together to help Jasper immediately after the tragedy, we need to agree to this amendment. If work them out. I think that is an im- and he and other CRS staff have been there is going to be an objection on the portant concept, and I would certainly there practically every day since, time allocation of this strict a nature, hope that the gentleman from Ken- meeting with all segments of the com- then perhaps we need to renegotiate tucky (Mr. ROGERS) would continue to munity of Jasper, providing needed the whole thing, so I withdraw my ap- hold in terms of the agreement to ac- support. proval of the amendment. cept the amendment. CRS worked with the community as Mrs. MEEK of Florida. Mr. Chair- Ms. CARSON. Mr. Chairman, I move they made preparations for the recent man, I move to strike the last word. to strike the requisite number of rallies of the Ku Klux Klan and the new Mr. Chairman, I will not take but a words. Black Panther party. Later this month second because I certainly do not want Mr. Chairman, I, too, would like to CRS will be providing diversity and to threaten my colleagues’ time with encourage the gentleman from Ken- conflict management training to this wonderful amendment. But I want tucky (Mr. ROGERS) to allow this free school district personnel, and later to to stand because of the fact that I am and open dialogue concerning the good students. CRS staff is currently work- very well acquainted with the work of work of CRS to go forward. One of the ing with Jasper in convening a perma- the CRS. healthy things about the American de- nent city-wide community task force August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7119 to deal with racial concerns and other for those who have been discriminated less than $282,473,000 shall be for matters that have surfaced as a result against and where there is racial strife. counterterrorism investigations, foreign of this senseless tragedy. The task We have seen the increase in hate counterintelligence, and other activities re- force will be headed by Mayor R.C. crimes against African Americans, lated to our national security; of which not to exceed $69,846,000 shall remain available Horn and will be called the Mayor’s against Hispanics, against gays and until expended, of which not to exceed Community Task Force 2000. lesbians, against Anglos, against those $8,046,000 shall be for equipment to address CRS is a unique arm of the Federal who have different religious faith. The chemical and biological attacks; of which Government charged with helping com- CRS is able to go in and to ease the not to exceed $10,000,000 is authorized to be munities address tensions which may pain of that community, and I just made available for making advances for ex- arise due to differences in race, eth- want to note what the gentleman said: penses arising out of contractual or reim- nicity or national origin. Without CRS Between 1992 and 1997 the CRS budget bursable agreements with State and local assistance, unresolved community ra- declined more than 80 percent and its law enforcement agencies while engaged in cooperative activities related to violent cial tensions and conflict can fester staffing by two-thirds, an all time low. crime, terrorism, organized crime, and drug and become fuel for even more serious So I thank the gentleman from Texas investigations; and of which $1,500,000 shall community-wide civil unrest. (Mr. TURNER) for his kind words on be available to maintain an independent pro- While cases like the incident in Jas- helping to support an amendment that gram office dedicated solely to the automa- per grab the media headlines and shock provides an extra $500,000 for this serv- tion of fingerprint identification services: the Nation, CRS is responsible for deal- ice. Provided, That not to exceed $45,000 shall be ing with similar incidents, large and The CHAIRMAN pro tempore (Mr. available for official reception and represen- small, all across this country. I am LATOURETTE). The question is on the tation expenses: Provided further, That no aware of the excellent work that CRS amendment offered by the gentle- funds in this Act may be used to provide bal- listics imaging equipment to any State or has done in my home State of Texas to woman from Texas (Ms. JACKSON-LEE). local authority which has obtained similar resolve tensions between Vietnamese The amendment was agreed to. equipment through a Federal grant or sub- fishermen and the Ku Klux Klan. They The CHAIRMAN pro tempore. The sidy unless the State or local authority have also worked to resolve issues be- Clerk will read. agrees to return that equipment or to repay tween Vietnamese store operators and The Clerk read as follows: that grant or subsidy to the Federal Govern- an African American community in ASSETS FORFEITURE FUND ment. Houston, and to deal with problems be- For expenses authorized by 28 U.S.C. AMENDMENT OFFERED BY MR. SOUDER tween the police and African Ameri- 524(c)(1)(A)(ii), (B), (F), and (G), as amended, Mr. SOUDER. Mr. Chairman, I offer cans in Austin. Last year CRS also $23,000,000, to be derived from the Depart- an amendment. convened church arson prevention sem- ment of Justice Assets Forfeiture Fund. The Clerk read as follows: inars in several Texas cities, including RADIATION EXPOSURE COMPENSATION Amendment offered by Mr. SOUDER: Houston and San Antonio. Earlier this ADMINISTRATIVE EXPENSES Page 13, line 22, after the dollar amount, year it conducted hate crimes training For necessary administrative expenses in insert ‘‘(increased by $6,000,000)’’. for police officers and police executives accordance with the Radiation Exposure Page 15, line 1, after the dollar amount, in- in the Houston and Corpus Christi Compensation Act, $2,000,000. sert ‘‘(reduced by $6,000,000)’’. INTERAGENCY LAW ENFORCEMENT Page 26, line 17, after the dollar amount, areas. insert ‘‘(increased by $6,000,000)’’. In recent years CRS has struggled to INTERAGENCY CRIME AND DRUG ENFORCEMENT Page 30, line 3, after the dollar amount, in- maintain adequate funding. In fiscal For necessary expenses for the detection, sert ‘‘(increased by $6,000,000)’’. year 1998 this valuable organization investigation, and prosecution of individuals Page 43, line 7, after the dollar amount, in- suffered massive budget reductions involved in organized crime drug trafficking sert ‘‘(reduced by $21,579,000)’’. which cut the agency in half. With a not otherwise provided for, to include inter- Page 44, line 6, after the dollar amount, in- governmental agreements with State and modest budget of $5.3 million, CRS now sert ‘‘(reduced by $3,600,000)’’. local law enforcement agencies engaged in Mr. SOUDER (during the reading). has the smallest staff in its history. the investigation and prosecution of individ- The amendment offered by the gen- uals involved in organized crime drug traf- Mr. Chairman, I ask unanimous con- tlewoman from Texas (Ms. JACKSON- ficking, $304,014,000, of which $50,000,000 shall sent that the amendment be considered LEE) asks for another $2 million to remain available until expended: Provided, as read and printed in the RECORD. bring CRS’ budget to the $9 million That any amounts obligated from appropria- The CHAIRMAN pro tempore. Is recommended by the President. This tions under this heading may be used under there objection to the request of the represents a small investment given authorities available to the organizations re- gentleman from Indiana? the valuable and critical work of CRS imbursed from this appropriation: Provided There was no objection. further, That any unobligated balances re- in communities all across our country. Mr. SOUDER. Mr. Chairman, this maining available at the end of the fiscal amendment raises the funding for drug I know the citizens of Jasper, Texas year shall revert to the Attorney General for who have pulled together in this time reallocation among participating organiza- court programs by an additional $6 mil- of tragedy, in these trying cir- tions in succeeding fiscal years, subject to lion over the amount currently con- cumstances, appreciate the assistance the reprogramming procedures described in tained in the bill, which we also just that they received from CRS. Let us section 605 of this Act. added $3 million to a little while ago in renew our commitment to root out ra- FEDERAL BUREAU OF INVESTIGATION the amendment offered by the gen- cial prejudice in our society, to bring SALARIES AND EXPENSES tleman from Nevada (Mr. ENSIGN). Al- our Nation together. Let us remember For necessary expenses of the Federal Bu- though the committee should be com- James Byrd’s death. reau of Investigation for detection, inves- mended for providing a $10 million in- Mr. Chairman, I urge my colleagues tigation, and prosecution of crimes against crease plus the $3 million that were ac- to give CRS the additional $2 million the United States; including purchase for po- cepted over last year’s level and the that it needs to carry out its valuable lice-type use of not to exceed 2,688 passenger President’s request for drug courts, I motor vehicles, of which 2,000 will be for re- work. believe that the demand and social and placement only, without regard to the gen- economic benefits of the program jus- Ms. JACKSON-LEE of Texas. Mr. eral purchase price limitation for the cur- Chairman, will the gentleman yield? rent fiscal year, and hire of passenger motor tify an even larger increase. Mr. TURNER. I yield to the gentle- vehicles; acquisition, lease, maintenance, There is no greater issue in our soci- woman from Texas. and operation of aircraft; and not to exceed ety than our war against illegal drugs. Ms. JACKSON-LEE of Texas. Mr. $70,000 to meet unforeseen emergencies of a It is both a war and, as our drug czar Chairman, I thank the gentleman, and, confidential character, to be expended under said, a cancer, and we need creative so- as I expressed, we were actually on the the direction of, and to be accounted for lutions to address this. ground in Jasper to see how that com- solely under the certificate of, the Attorney I want to commend the chairman of munity was brought together, and I General, $2,750,615,000; of which not to exceed this subcommittee who has been a $50,000,000 for automated data processing and think it is important to note that telecommunications and technical investiga- leader in the drug task force, the Anti- Texas does not stand as the poster tive equipment and not to exceed $1,000,000 Drug Task Force, as we work towards a child for these kinds of heinous acts. for undercover operations shall remain avail- drug-free America, and for his willing- CRS goes all over the Nation fighting able until September 30, 2000; of which not ness to increase, as he has pointed out H7120 CONGRESSIONAL RECORD — HOUSE August 4, 1998 with this amendment, a 33 percent in- b 1730 voted to support the work of the EDA. crease in drug courts in this country. The important thing to remember Again this year, I urge the House to However, we also have already pending here is that all across the country, in continue to show support for this im- requests that are 50 percent higher. many jurisdictions, including in my portant program and again vote to de- One of the problems that we go hometown of Fort Wayne, where Ron feat the Souder amendment. through in appropriations bills are Davenport, the head of the Washington If we do not vote this amendment tough choices, and this amendment of- House, has indicated that the Drug down, we will be depriving hard-hit fers such a tough choice. The increase Court program works because it pro- communities in every State in this Na- in drug court funding in my amend- vides a simple motivation to partici- tion of the vital assistance these pro- ment would be provided by reducing pants. If they do not cooperate, they go grams provide. EDA gives our poorest the bill’s increases in funding for the to jail. But it also moves them into urban and rural areas the tools with Economic Development Administra- treatment programs and creative ways which to raise themselves up by their tion to a 2 percent increase to account to do this. own bootstraps to create new jobs, ex- for inflation. It has been demonstrated, as I said, pand their local tax base and leverage Let me say that again. We are not in my home area. There is another 50 private investment. It gives them a eliminating EDA, we are not decreas- percent increase waiting to come into hand, not a handout, and, Mr. Chair- ing EDA. The money would come only this system, and conversely, there man, this program works. by reducing the bill’s 18.9 percent in- seems little need to provide significant If your town is hard hit by sudden crease in salaries and expenses in EDA increases to EDA when the country and severe job losses when a plant and the 8.4 percent increase in grants continues to enjoy strong economic shuts down, it is EDA that is there to to a 2 percent level of inflation. In my growth. My amendment would only re- help. If your community has been dev- view, any increase over and above the duce the increases to the level of infla- astated by a natural disaster, like the level of inflation is not appropriate in tion. This is not an attempt to elimi- recent floods this year in the Midwest, light of the health of the economy, the nate EDA. EDA is there. If your community is reservations about the effectiveness of I know there are many supporters in suffering because your local factory EDA, and this opportunity to put more Congress for EDA. The question is, has shut down because it cannot com- money into drug courts. should EDA be increased more than 2 pete in the global economy, EDA can Now let me once again explain a lit- percent, or should that money go to help your community. And if your dis- tle bit about drug courts. They are Drug Courts? I believe, given the na- trict has suffered from cutbacks in the used to place nonviolent drug defend- ture of the problems that we face in defense industry, EDA is the only fed- ants in judicially supervised treatment every Congressional district in this eral program dedicated to helping your programs. A drug court is a successful country, in families across this coun- community retool that economy. alternative to placing drug users in try, whether it be in direct crime, in Critics of this program fail to recog- overcrowded jails, where in all likeli- property, or violence or internal family nize that the EDA has been reformed, hood they will serve little time and re- violence caused by drug and alcohol reduced and streamlined over these ceive no form of substance abuse treat- abuse, Drug Courts are an area where last 3 years by actions of this Congress. ment. We recently heard testimony in we should boost up. Due to this Congressional oversight by the Subcommittee on National Secu- As I said earlier, this is a matter of both the authorizing and appropria- priority. Where would you put your rity, of which I am vice chairman, that tions committees, EDA’s grants are money? To the increased funding in individuals who were referred to drug truly targeted to the most distressed EDA, or to the increased funding in treatment programs through drug areas. The development and selection Drug Courts, which I grant has gone courts and other parts of the criminal of projects has been moved out of up, but is not going up enough to meet justice system stayed in treatment sig- Washington and back towards the local nificantly longer than referrals from the demand. Mr. ROGERS. Mr. Chairman, I rise in and state levels, and EDA’s bureauc- other sources. strong opposition to the amendment. racy has been cut by over one-third The success of drug courts has been Mr. Chairman, there he goes again, since 1995. in part demonstrated by the dramatic and here we go again. An amendment In addition, since the vote last year increase in the number of courts across plain and simple to severely cut fund- the House has continued to dem- the Nation. Since 1989 more than 275 ing for the Economic Development Ad- onstrate its support for EDA programs. jurisdictions have implemented a drug ministration. I strongly urge a no vote On July 23, your colleagues in the Com- court to address the problem of sub- on the gentleman’s amendment. mittee on Transportation and Infra- stance abuse in crime. Currently there Mr. Chairman, this is not a vote structure approved an EDA reauthoriz- are another 150 drug courts being about whether or not you support the ing bill that reforms the programs and planned and another 13 jurisdictions Drug Court program. We support the responds to past criticisms of the pro- are exploring the feasibility of these Drug Court program in this bill at an gram and tracks this appropriations drug courts. unprecedented historic level. We al- bill. Drug court participants and grad- ready provide tremendous increases for Mr. Chairman, clearly there are com- uates are not rearrested. The recidi- Drug Courts. In fact, the bill includes a munities that do not need help. They vism rate for drug court participants 43 percent increase above current level have infrastructure, they have indus- and graduates ranges from 2 to 20 per- spending, and well above the Adminis- try, they have access to education, all cent, far below that in any other drug tration’s request for the Drug Court the requirements for a healthy regional program. Drug court participants and program. In fact, a few minutes ago economy. But other areas, Mr. Chair- graduates break their addictions. The there was an amendment that passed man, like my area, must rely on us and average positive urinalysis test while this House with our approval that in- EDA to help them cope with job losses, in drug court is only 15 percent. In creased Drug Courts even more, an- defense cuts and other economic disas- some jurisdictions, such as San Jose, other $3 million, by the gentleman ters. They are the ones that need our California, it is as low as 7 percent, sig- from Nevada (Mr. ENSIGN). help. They are the ones who are turn- nificantly lower. Make no mistake about it. What this ing to us for this vote. Drug courts also have saved the lives debate really is all about is whether or So I urge Members to do as they did of innocent babies. Five hundred twen- not you support EDA. This debate we last year and the year before and the ty-five drug-free babies have been born have had over and over again, year year before and the year before, and to participants of drug courts. They re- after year on this bill, and every time turn down this amendment by an over- unite families. Over 2,430 parents re- this House has stood fast with those whelming margin. Vote down the gained custody of their children. Drug who want to help the most distressed Souder amendment. courts help former addicts become con- portions of the country, even in these Mr. MOLLOHAN. Mr. Chairman, I structive members of society. Seventy- good times. move to strike the last word. five percent of drug court graduates ei- Once again, last year, an overwhelm- Mr. Chairman, I rise in strong opposi- ther retain or obtain employment. ing majority, 305 Members to be exact, tion to the gentleman from Indiana’s August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7121 amendment, and I echo the sentiments deterioration in industrial sectors or Mr. SOUDER. Mr. Chairman, I just of our chairman, ‘‘there you go again.’’ the depletion of natural resources, as wanted to correct, for the record, it is Mr. Chairman, this amendment pre- my area, EDA provides flexible assist- a $25 million reduction out of the in- sents a truly false choice between the ance to help them design and imple- crease. There is still a 2 percent in- EDA and Drug Courts. It is the oldest ment their own local recovery strate- crease. game I guess in Congress, that if you gies. For communities facing prolonged Mr. TRAFICANT. Mr. Chairman, I want to cut a program and you are hav- economic distress, EDA provides the move to strike the requisite number of ing difficulty making your case on the funding necessary to repair decaying words. merits, then try to find a place to put infrastructure and to develop the new Mr. Chairman, this cut would that cut that will be compelling and infrastructure which business needs to amount to an immediate loss in the bolster your argument because of the grow. communities of 7,000 jobs, and, after 6 nature of the account that you want to For the communities faced with the years, that 7,000 jobs would create an- increase. massive job losses associated with de- other loss of 7,000. I know that our colleagues will not fense downsizing, EDA provides the The Drug Courts are needed. The gen- be fooled by that. This amendment funding to develop projects at the local tleman from Kentucky (Chairman ROG- would cut $21.579 million, almost, al- level that support community redevel- ERS) and the gentleman from West Vir- most, the entire increase provided opment priorities. ginia (Mr. MOLLOHAN) have in fact in- above last year’s level, from the Eco- EDA’s grant and technical assistance creased the dollar amount for the Drug nomic Development Administration’s programs really work. Any of my col- Courts. But there are several reasons grant programs. Additionally, it also leagues can look around their districts why this amendment should be de- cuts $3 million from EDA’s salaries and and point to economic success stories feated. Number one, an administrator over expenses account. catalyzed by EDA funding. In considering this amendment, we So, does EDA warrant an increase? I there by the name of Phil Singerman must first examine why an increase for say yes. Economic development is a has done an absolutely outstanding job. The committee has had a number EDA was provided by the committee. local process with a specific appro- of hearings, and an EDA authorization In its fiscal year 1999 budget request, priate Federal role. EDA, in direct bill finally has a chance for the light of the administration proposed a new $15 partnership with distressed commu- day, which will make some significant million initiative within EDA, and nities, provides seed funding that pro- changes. they paid for it by decreasing funding motes long-term investments that re- First of all, the country, 80 percent of for EDA’s existing grant programs by spond to locally defined economic pri- this Nation, is eligible for EDA money. $22 million and increasing total fund- orities. The committee feels that, in many ing for the agency by $28 million. It is clear that EDA is in need of ad- cases, distressed communities that This new program was designed to ditional resources to deal with adverse really need the help are being over- provide assistance to communities ad- economic effects on trade-impacted looked. The change has been made in versely impacted by trade agreements. communities, among other things. only 36 percent of the country, that the The committee considered this request That is what this money is for, and I truly distressed areas will be eligible. and decided that while the intent of urge defeat of this ill-advised amend- Second of all, there is a new program the new initiative was worthwhile, ment. created with the limited EDA funds. EDA’s existing grant programs could Mr. KIM. Mr. Chairman, I move to Monies will now be used to buy down achieve the best results. strike the requisite number of words. interest rates when the banks and sav- To this end, the committee accepted Mr. Chairman, I rise in strong opposi- ings and loans invest in their own com- the administration’s proposal to in- tion to this amendment. I understand munities. crease overall funding for the agency why we need more money in Drug and allocated that increase to EDA’s Courts. I support the concept, but not b 1745 proven programs, which clearly have transferring $250 million from EDA. For the first time we are partnering the jurisdiction and the ability to best That is not the way it is supposed to be with and have participatory programs assist trade impacted communities. done. that are leveraging more and more pri- This is a very worthwhile invest- Let me tell you what the EDA has vate money back into community de- ment. In fact, a 1997 study of the public been doing. EDA was created to assist velopment. Finally, it was brought up works program conducted by Rutgers those distressed communities impacted by the gentleman from West Virginia University and the New Jersey Insti- by different cutbacks and base clo- (Mr. MOLLOHAN) also the aspects of tute of Technology, among others, sures. In those poor distressed areas, international trade and job loss, be- yielded the following results: For every they have been highly successful in cause international trade is also now $1 million in Federal funding provided creating jobs in those poor areas. being addressed by EDA, and those for EDA’s public works grants pro- In addition to the fine job they have communities that are suffering a loss gram, 327 jobs are created or retained done, we have made major reforms this of jobs from displacements due to at a cost of only $3,058 per job. For year. One is called the Federal Loan international trade are now being ad- every $1 million in Federal funding Guarantee Program, which gives local dressed. provided through the grant program, governments tools to stretch out the I would just like to say one other $10.8 million in private sector invest- dollars to several times more so they thing. I come over here to the floor and ment was leveraged and the local tax can attract better private financing I watch these bills go through with a base was increased by $10.13 million. I portfolios to be able to build more pub- million dollars for Bosnia, billions of think those are pretty good results, lic works projects, in turn creating per- dollars for Russia, billions of dollars pretty impressive results, on our in- manent jobs. for proposals all over the world. But vestment. Second, we create what is called when we try and get a little increase Mr. Chairman, I know of no other pockets of poverty areas, so we can for economically depressed commu- agency or program of the Federal Gov- look at pockets of small distressed nities, we find literally a number of ex- ernment more critical to the economic areas, rather than on a regional bases. cellent places to supposedly put this development needs of communities That program has already been imple- money. around this Nation than EDA. EDA mented, and I appreciate the commit- I will support more money for drug programs target funds to areas in need tee chairman for this. This idea has courts. The committee has already in- of assistance and respond to the special been thoroughly evaluated by the Sub- creased those accounts, and there was needs of each individual town and city. committee on Public Buildings and already an amendment they accepted EDA has programs which benefit Economic Development. to further embellish the account, but communities at almost every stage of Mr. SOUDER. Mr. Chairman, will the not from the people in the commu- the development process. For commu- gentleman yield? nities who are being left behind. nities experiencing structural eco- Mr. KIM. I yield to the gentleman I am asking Members to understand nomic change resulting from long-term from Indiana. this issue. This is a jobs issue. This is H7122 CONGRESSIONAL RECORD — HOUSE August 4, 1998 a fairness issue. It will impact upon the DORGAN to be the conferees on the part Swindle, who is a very fine gentlemen, people we are concerned about the of the Senate. had these very strong views about EDA most. The SPEAKER pro tempore. The before he came to, I believe, head the Mr. SOUDER. Mr. Chairman, will the Committee will resume its sitting. agency, did he not? gentleman yield? f Mr. COBURN. I am sorry? Mr. TRAFICANT. I yield to the gen- Mr. MOLLOHAN. I was suggesting DEPARTMENTS OF COMMERCE, tleman from Indiana. that Orson Swindle, to whom the gen- JUSTICE, AND STATE, AND JUDI- Mr. SOUDER. Mr. Chairman, I thank tleman alluded, I believe he headed CIARY, AND RELATED AGENCIES the gentleman for yielding to me. EDA at one point in time. As someone who opposed NAFTA and APPROPRIATIONS ACT, 1999 Mr. COBURN. I do not know that he Bosnia, opposed money for Bosnia, I The Committee resumed its sitting. actually headed it. He was Assistant appreciate the gentleman’s comments. The CHAIRMAN. For what purpose Secretary of Commerce. I do wish the RECORD to show that it is does the gentleman from Oklahoma Mr. MOLLOHAN. Mr. Chairman, I tough to be eliminating 7,000 jobs, rise? would suggest that he had these strong since the money has not been spent Mr. COBURN. Mr. Chairman, I move views about EDA before he came to the yet. It may keep us, in the gentleman’s to strike the requisite number of job. I just remember that. The gentleman mentioned the Ten- opinion, from creating those jobs. words. nessee Valley Authority and the De- Secondly, this is not a cut, it is a re- Mr. Chairman, Will Rogers said that partment of Agriculture as agencies duction of the increase. government programs have three one could go to who had duplicate pro- Mr. TRAFICANT. Reclaiming my things in common: a beginning, middle, grams with EDA. I would ask the gen- time, Mr. Chairman, I did vote against and no end. That is true of the EDA. I will include for the RECORD a letter tleman, what were the other agencies? NAFTA, I did vote against GATT. I say Mr. COBURN. The other agencies to the gentleman, I am going to stone from Mr. Orson Swindle, who was As- sistant Secretary of Commerce for Eco- that had duplicative functions? cold vote no against the gentleman’s Mr. MOLLOHAN. That duplicated the amendment. nomic Development under President Reagan from 1985 to 1989. I will enter authorization. Mr. MOLLOHAN. Mr. Chairman, will Mr. COBURN. The Appalachian Re- this entire document in the RECORD, the gentleman yield? gional Commission, the Small Business but I will quote from it, that the find- Mr. TRAFICANT. I yield to the gen- Administration, the Federal Emer- ings of many people would be as fol- tleman from West Virginia. gency Agency, the Tennessee Valley lows: Mr. MOLLOHAN. Mr. Chairman, I Authority, the Departments of De- would note that it is a bit of technical- EDA’s development functions duplicate the activities of programs within the Depart- fense, Housing and Urban Develop- ity to suggest it is not a cut because it ment, Interior, and the Department of already has not passed. This legislation ments of Agriculture, Defense, Housing and Urban Development, and Interior, as well as Agriculture all have programs that are is about become law, and if the gentle- the Appalachian Regional Commission, duplicated by EDA in one form or an- man’s amendment were passed, it Small Business Administration, Federal other. would be a significant cut in the 1999 Emergency Agency, and Tennessee Valley Mr. MOLLOHAN. Mr. Chairman, I appropriation. Authority. On these grounds alone, the pro- would not hold myself out as an expert Mr. TRAFICANT. Reclaiming my gram ought to be eliminated. on EDA, but we do an awful lot of EDA time, Mr. Chairman, there are a lot of We are not proposing to eliminate projects in our district, unfortunately bills with a lot of discussion on this the program. As a matter of fact, we because we qualify under the criteria. floor. There are 13 bills to become law. are proposing to limit the increase to Just standing here right now, I cannot This is one of them. If this amendment that which is adjusted for inflation. We think of one EDA project we have passes, it will ultimately cut 14,000 also are very much opposed to a 19 per- going where we could have gone to the jobs, pursuant to the hearings we held. cent increase in administrative over- Tennessee Valley Authority. The CHAIRMAN. The Committee will head for this program, where in fact Mr. COBURN. Reclaiming my time, I now rise informally to receive a mes- this agency has not proved its need for think the defining words are that there sage. that. would be a consensus that there are The SPEAKER pro tempore (Mr. PE- Let us be clear what this amendment many programs duplicated by the EDA. TERSON of Pennsylvania) assumed the is about. It is not about cutting EDA, That may not be the case in the gentle- chair. it is about increasing EDA, just not in- man’s particular district. f creasing it as much. It is about limit- Let us talk about drug courts, re- ing the increase in the overhead for the MESSAGE FROM THE SENATE claiming my time. Drug courts offer us administration of EDA. Why would we tremendous savings, and there are A message from the Senate by Mr. want to do that? Because we know that some real data that needs to be shared Lundregan, one of its clerks, an- our discussions on appropriations bills with our body. They open up prison nounced that the Senate has passed are about priorities. We know where space for violent offenders. Most State with an amendment in which the con- the savings are. and local jails as well as Federal jails currence of the House is requested, a The other thing we might also know are operating above capacity. This is bill of the House of the following title: is that as far as EDA’s charge, we seem largely due to the high number of in- H.R. 4103. An act making appropriations to have been in this past year in one of carcerated drug offenders, many of for the Department of Defense for the fiscal the greatest times of our productivity, whom are nonviolent. year ending September 30, 1999, and for other success, industrial growth rate, in- Drug courts provide a structured al- purposes. crease in standard of living that this ternative to prison for those non- The message also announced that the country has seen. Yet, in 90 percent of violent offenders. Not only does this Senate insists upon its amendment to our communities, EDA is active be- program save money, it helps to ensure the bill (H.R. 4103) ‘‘An Act making ap- cause there is supposedly a problem that adequate prison space is available propriations for the Department of De- with lack of jobs in all of those com- to house the most violent offenders in fense for the fiscal year ending Sep- munities. our society. tember 30, 1999, and for other pur- I do not deny that there are signifi- I want to give the gentleman some poses,’’ requests a conference with the cant areas in our country that have a savings from drug courts from some of House on the disagreeing votes of the need for EDA grant money, but not 90 the areas across the country. Denver, two Houses thereon, and appoints Mr. percent of the country. Colorado, saves between $1.8 and $2.5 STEVENS, Mr. COCHRAN, Mr. SPECTER, Mr. MOLLOHAN. Mr. Chairman, will million per year because of drug Mr. DOMENICI, Mr. BOND, Mr. MCCON- the gentleman yield? courts; Phoenix, Arizona, reported this NELL, Mr. SHELBY, Mr. GREGG, Mr. Mr. COBURN. I yield to the gen- last year a saving of $112,000. HUTCHISON, Mr. INOUYE, Mr. HOLLINGS, tleman from West Virginia. The CHAIRMAN. The time of the Mr. BYRD, Mr. LEAHY, Mr. BUMPERS, Mr. MOLLOHAN. Mr. Chairman, I gentleman from Oklahoma (Mr. Mr. LAUTENBERG, Mr. HARKIN, and Mr. would suggest, first of all, that Mr. COBURN) has expired. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7123 (By unanimous consent, Mr. the Appalachian Regional Commission, we come back and stand here and op- COBURN was allowed to proceed for 1 Small Business Administration, Federal pose this amendment. Sooner or later, additional minute.) Emergency Agency, and Tennessee Valley the supporters of this amendment will Authority. On these grounds alone, the pro- Mr. COBURN. Mr. Chairman, Wash- gram should be eliminated.’’ find out they are shooting up the ington, D.C. saves between $4,000 and I couldn’t have said it better myself. Some wrong tree, because we cannot see our $9,000 per participant; Bartow, Florida, of these agencies definitely could be elimi- cities devastated or our communities saves $531,000; Gainesville, $200,000; nated. For all of the reasons put forth above, distressed because there are no jobs. Kalamazoo, Michigan, $300,000; Klam- I endorse your amendment to cut EDA’s I am asking, please, that we support ath Falls, Oregon, $86,000; Beaumont, funding by $25 million at a minimum. I urge the committee, and strongly oppose every Member of the House to support your Texas, saves half a million dollars an- effort. the Souder amendment. nually because of drug courts. Sincerely, Mr. SOUDER. Mr. Chairman, will the This is not about cutting the EDA. It ORSON SWINDLE, gentlewoman yield? is about limiting its growth and Former Assistant Secretary of Mrs. MEEK of Florida. I yield to the prioritizing our resources into some- Commerce for Economic Development. gentleman from Indiana. thing that makes a difference in the Mrs. MEEK of Florida. Mr. Chair- Mr. SOUDER. Mr. Chairman, I want- lives of people. man, I move to strike the requisite ed to say for the record that I have Mr. Chairman, I include for the number of words. supported efforts in the Small Business RECORD the letter from Mr. Swindle. Mr. Chairman, this particular amend- Administration to provide help for low- The letter referred to is as follows: ment should be defeated adamantly. income economic development, I have August 3, 1998. First of all, they have mixed up the no- supported the High Hope Scholarship Representative TOM COLBURN, menclature, the language that we un- as we move to higher ed, to make sure House of Representatives, derstand here in the House. They have there are opportunities for those who Washington, DC. said that ‘‘this amendment does not are lower-income to get the education DEAR REPRESENTATIVE COBURN: As Presi- cut EDA, it is a reduction of an in- they need, to move dollars needed dent Reagan’s Assistant Secretary of Com- crease.’’ I think they are playing on merce for Economic Development from 1985– through our committees. 1989, I strongly support your amendment to our intelligence with this kind of de- I have supported the Community the FY 1999 Commerce, Justice, State Appro- scription of what they are saying. Services block grant, and Head Start. I priations Bill that will cut $25 million from There is an old adage or dictum that have supported numerous programs the Economic Development Administration says if it walks like a duck, quacks targeted, including an amendment that (EDA). like a duck, then it is a duck. So what I sponsored on individual development EDA is one of those examples of a dedi- they are doing by reducing the in- accounts for capital formation in low- cated group of federal employees being crease, the logical result of that is a income families. trapped in a bad system and being manipu- decrease in EDA. Mrs. MEEK of Florida. Mr. Chair- lated by political decision-making, which The gentleman from Kentucky (Mr. too often has ignored the legal basis and cri- man, if I may take back my time, I ROGERS) and the committee, including teria for the agency’s existence and oper- want to give the gentleman sort of a ation. A small example... the gentleman from West Virginia (Mr. short answer. SBA does well when one As you know, EDA was created in 1965 as MOLLOHAN), have come up with a log- can get a loan from them, but these are part of President Johnson’s Great Society. ical allocation for EDA; not as much as not loans, these are grants. There is a Its original aim was to assist in the eco- we think the need is, but as much as difference, when it comes to rebuilding nomic development of depressed areas and they could logically place there. I am distressed communities. encourage job creation (in theory) through strongly opposed to this amendment, government loans and grants. Of course, the I applaud the efforts the gentleman because what they have done is asked has made in the past and what the gen- funds given to one region has to be taken for a reduction which would cut $25 from another. A program was established to tleman has supported, but I do not ap- million from EDA. plaud this amendment, because what fund small regions of the country (in cities This is EDA’s job development or job or groups counties) as ‘‘economic develop- the gentleman is doing is cutting an creation program. If the gentleman can ment districts.’’ These areas, buy definition agency that provides jobs. That is the being under severe economic distress (high tell us, look, we are going to reduce their job creation capacity, but we are difference. unemployment, underemployment, job Mr. SOUDER. If the gentlewoman going to replace their job creation ca- losses, low average income, etc.,) would re- will continue to yield, a GAO study ceive funding to assist in hiring staff to work pacity with some other initiative, they on economic development planning with have not done that, which leads me to concluded that there was no survey local communities. One aspect of the staffing conclude that they are not interested that in fact showed that, on net, EDA assistance was that frequently the staff be- in job creation and people getting jobs created additional jobs. came an advocate for more federal funding, so they can improve their quality of One last point is, would the gentle- not an uncommon phenomena within EDA life in this country. woman agree that even under my programs where federal funds directly or in- amendment, EDA would increase 2 per- directly go toward lobbying for more federal I support their efforts to fund the drug court. I think drug courts are cent? In other words, does the gentle- funds. woman agree that even if my amend- I believe it was Will Rogers who once com- good, but the committee has increased mented that all government programs have them by $4 million in the current budg- ment passes, EDA will still increase 2 three things in common: a beginning , a mid- et. percent? dle and no end. For years now, EDA has ap- Why should we provide more than a 2 Mrs. MEEK of Florida. Even if it parently considered the vast majority of the percent increase in EDA? People need passes? I do not know, but I will yield continental United States (maybe as high as to understand that EDA does need an to the ranking member to answer the 90%) to be under severe economic distress— increase. Number one, it creates jobs gentleman’s question. I do not have the even today in what is widely proclaimed as mostly in economically underdeveloped answer to that. the period of our greatest prosperity. Funded I am opposed to the gentleman’s ‘‘economic development districts’’ continue cities, cities and communities in this to cover the map! country. There is no other agency that amendment merely because I know, I can speak from personal knowledge on does that overall, other than EDA. We common sense tells me, if we reduce the belief that EDA has strayed from its cannot replace their capacity by put- the increase, then we are cutting the original mission and has been for some time ting their funding, or reducing them, gain. simply a cookie jar for pork barrel projects, putting it into drug courts. Mr. LEWIS of Kentucky. Mr. Chair- many of which have become infamous. This amendment would cost our dis- man, I move to strike the requisite Last year, The Heritage Foundation au- tressed communities more than 7,000 number of words. thorized a compelling book entitled ‘‘Ending jobs. My challenge to the supporters of Mr. ROGERS. Mr. Chairman, will the the Era of Big Government.’’ They argued that: this amendment is to show us how they gentleman yield? ‘‘EDA’s development functions duplicate can replace them. We cannot afford to Mr. LEWIS of Kentucky. I yield to the activities of programs within the Depart- lose these jobs. the gentleman from Kentucky. ments of Agriculture, Defense, Housing and I want the Congress to do just as Mr. ROGERS. Mr. Chairman, there Urban Development, and Interior, as well as they have done every year. Each year are numerous speakers on both sides. I H7124 CONGRESSIONAL RECORD — HOUSE August 4, 1998 think all of us have heard most of the Mr. WICKER. Mr. Chairman, let me trict. I refer him to a 1997 study of the arguments. just say that I agree with everything public grant program conducted by I ask unanimous consent that we that the gentleman from Kentucky Rutgers University and the New Jersey limit debate, further debate, to 10 min- (Mr. LEWIS) has said. I serve on the Institute of Technology that yielded utes, to be divided evenly between the drug task force with the gentleman the following results: for every million sides. from Indiana (Mr. SOUDER) and the gen- dollars of Federal funding from EDA’s b 1800 tleman from Kentucky (Mr. LEWIS). It public grant program, 327 jobs are cre- is a very important undertaking, and ated, $10 million in the private sector The CHAIRMAN pro tempore (Mr. we have done well by the drug courts in is leveraged, increasing the tax base by LATOURETTE). Ten minutes between an our appropriations. $10 million. So I would refer the gen- opponent and proponent of the amend- I think this is an amendment not tleman to that study. ment. Is there objection to the request of about drug courts but about taking $25 Mr. WISE. Mr. Chairman, will the the gentleman from Kentucky? million away from the Economic De- gentleman yield? Mr. OBEY. Mr. Chairman, I object. velopment Administration. Mr. LEWIS of Kentucky. I yield to The CHAIRMAN. Objection is heard. It has been said the economy is doing the gentleman from West Virginia. Mr. LEWIS of Kentucky. Mr. Chair- well. That we do not need to plus up Mr. WISE. Mr. Chairman, I want to man, I move to strike the requisite EDA. Let me say in response to that say that apparently the gentleman number of words. two things. The economy is doing well may not be aware, that raised the ques- As a member of the Speaker’s anti- because this Congress has shown that tion, that the EDA has cut its overhead drug task force, I count myself among we can balance the budget and we are at least 25 percent, I believe as much as the many Members of this body who funding an additional $25 million for one-third of the number of jobs in the have committed themselves to this Na- EDA within the framework of a bal- central office over the past few years. tion’s war against the scourge of illegal anced budget. I am proud of that. But Mr. OBERSTAR. Mr. Chairman, I drug use, particularly its spread among there are also some communities in move to strike the requisite number of our youth. Over the past year, I am this Nation, there are some commu- words. proud to say that all 22 counties in the nities in every congressional district Mr. Chairman, I have been associated Second District of Kentucky have es- that are not doing so well. That is the with the EDA program for almost 33 tablished community coalitions that beauty of the Economic Development years. I still have, am proud of having have accepted the challenge to take on Administration. it, one of the pens that President Lyn- the daunting problem of fighting ille- Mr. COBURN. Mr. Chairman, will the don Johnson used to sign that bill into gal drugs. gentleman yield? law in August 1965. Let me suggest that attempts to re- Mr. LEWIS of Kentucky. I yield to EDA was created then for the purpose duce the financial resources available the gentleman from Oklahoma. of responding to those communities, to the Economic Development Admin- Mr. COBURN. Mr. Chairman, my those regions in the Nation that did istration is counterproductive to the question would be, that may very well not share in the Nation’s general pros- interests of these very same commu- be true. Why are we increasing over- perity, to pinpoint and target assist- nities, particularly those areas that head 19 percent? The point is, we are ance to those communities locally or are dealing with the adverse effects of disproportionately increasing over- those regions that did not share in the lost jobs in our textile industries and head. Let us agree to trim the overhead Nation’s prosperity. other parts of Kentucky that have not down and give the money to the com- President John F. Kennedy was fond benefited from our country’s successive munities rather than consume it in of saying, the national economic poli- years of prosperity. One of the most Washington. cies will float all boats, they will all cost-effective tools we can employ Mr. WICKER. Mr. Chairman, if the rise. But not all boats rose with our today to encourage job growth and im- gentleman will continue to yield, it is prosperity then, and nor have all com- proved opportunities in our towns and my understanding that this appropria- munities shared in the Nation’s general communities which have been left be- tion is in connection with an author- economic growth and prosperity over hind. ization bill that is going forward. the last 3 or 4 years. To quote one official who oversees There is always room for saving money The objective of the EDA program is one of my district’s area development on overhead. But let me say what this to give local communities, regions, organizations, the EDA has been the money goes to. groups of counties or areas like Appa- backbone for our urban and rural areas It is one of the tools, I can say this, lachia, where we have a separate pro- for the last 30 years, creating new jobs, it is one of the tools that is used effi- gram but which dovetails with EDA, public facilities and disaster preven- ciently in my State, along with all of the tools they need, the financial as- tion assistance. Communities that the other job creating programs that sistance they need to create jobs and have struggled to attract new indus- we have talked about, to create jobs in economic opportunity and outlook and tries or sought badly needed waste- the private sector, and that is what we hope. Hope in Appalachia, in the 1930s, water treatment systems have been ought to be doing. That is a good use of the 1940s and the 1950s, was a bus ticket able to rely on the EDA assistance Federal funds. I support the EDA. I north to Detroit or Cleveland, Chicago when these projects often seem impos- think that is what this amendment is or the Twin Cities of Minnesota. But sible. about. I urge defeat of the amendment. with EDA and with the Appalachian Mr. Chairman, I cannot overempha- Mr. MOLLOHAN. Mr. Chairman, will Regional Commission, hope now means size the positive impact that EDA has the gentleman yield? an opportunity to create jobs where had on the Commonwealth of Kentucky Mr. LEWIS of Kentucky. I yield to you live, where your family ties are, and the Second District that I rep- the gentleman from West Virginia. where your social connections are, resent. This organization has brought Mr. MOLLOHAN. Mr. Chairman, this where you want to live. relief to many communities suffering is a point, I believe the gentleman from That has given us an opportunity for from severe economic dislocation, the Indiana raised a question of the EDA job growth where it counts most, like remnants of flood disaster and an ab- grant program resulting in job cre- areas in the Rust Belt of Ohio, Penn- sence of adequate public facilities and ation. Did I misunderstand the point sylvania, the Mon Valley, or, as the services. We have made great strides in when he was asking the gentlewoman gentleman from Kentucky (Mr. ROG- shaping a highly respected agency that from Florida about that issue? Was his ERS) said, areas that have been strick- continues to provide critical funds to point that it does not create jobs? en by base closures of the military the most distressed regions of this Mr. SOUDER. Mr. Chairman, if the where you have a sudden economic col- country. gentleman will continue to yield, I said lapse or areas like northeastern Min- Mr. WICKER. Mr. Chairman, will the that the GAO said they found no spe- nesota, dependent on natural re- gentleman yield? cific study showing net in job creation. sources, iron ore mining, timber har- Mr. LEWIS of Kentucky. I yield to Mr. MOLLOHAN. Mr. Chairman, I in- vesting. The national economy may do the gentleman from Mississippi. vite the gentleman to come to my dis- well, but our region goes down through August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7125 the bottom when there is some little they went into the suburban areas Mr. WISE. Mr. Chairman, I move to blip in Pittsburgh or Cleveland or the where we did not need more employ- strike the requisite number of words. South Works of U.S. Steel in Chicago, ment, they did not have enough em- I, too, rise in opposition to the and our economy just drops through ployees. But EDA reaches into towns amendment, and I think the gentleman the bottom. That is when you need this that have lost their only mill, their from Pennsylvania just explained it kind of targeted economic assistance. only glass plant, or have shut down the well. Many of the reasons, for every In hearings that I held, when I local coal mines to help them rebuild company’s name that he used, I could chaired the Subcommittee on Eco- their base. use another company’s name. It is a nomic Development with my dear, If you look at Clinton County in similar situation in West Virginia. I wonderful friend, former member, Bill Pennsylvania, because they were able would like to address some of the Clinger, and we held extensive hearings to build a sewer line with EDA funds, points that some of the proponents of on the performance of EDA, in the 15 they have 300 people working that this amendment have brought up. years, the first 15 years of that pro- would not be working today. b 1815 gram there were 4.5 billion invested in Abandoned rail lines have been a projects across this country. They cre- major problem in my district. I can First of all, I think it ought to be ated a million and a half jobs. That give you two examples. In Tioga Coun- pointed out that I believe this Congress million and a half jobs paid every year ty, where EDA purchased a rail line is getting very close to a true biparti- $6.5 billion in Federal, State and local and put it back in service, 450 new san agreement on EDA. Under the lead- taxes. Every year the Federal, State manufacturing jobs there and a com- ership of the gentleman from Pennsyl- and local governments are getting pany that is going to double in size the vania (Mr. SHUSTER) and the sub- more money back from EDA than we next few years with some EDA targeted committee chairman, the gentleman invested in 15 years. Jobs, hope, eco- money. from California (Mr. KIM), as well as nomic opportunity. In Center County, 1000 jobs, again a our ranking member, the gentleman The 90 percent eligibility red herring rail line that was closed was purchased, from Minnesota (Mr. OBERSTAR) and happened because Congress imposed a was put back into service. In Elk Coun- the subcommittee ranking member, moratorium on EDA from designating ty, the Stackpole Corporation used to the gentleman from Ohio (Mr. TRAFI- areas. The legislation our committee employ 3000 people, closed, sat empty CANT), the committee reported out an on a bipartisan basis has reported out, for almost a decade. And today, be- EDA reauthorization, I believe last and we hope to bring it to the floor cause EDA was the glue that put it to- week, on a voice vote with no dissent- after the Labor Day recess, will do gether, 300 people are employed there ing votes, which shows true bipartisan away with that. In fact, year after year and soon 6- to 900. cooperation. we have brought legislation to the Even right at home where I live, Some have raised the question of du- House floor. It has passed this body, today they announced that the Cyclops plication. I am trying to figure out not the other body; that does away plant that closed 4 years ago that had where that duplication occurs, because with that 90 percent figment of people’s 1000 specialty steel jobs in a town of in talking about other programs such imagination. Ninety percent of the 5000 people, 4 years ago lost 1000 jobs as Small Business Administration, country is not eligible, and the pro- with no hope, and our hope right now is Small Business Administration is a gram is not managed so that 90 percent we are applying to EDA to refurbish program dedicated to individuals, so an of the country is eligible. That is just that steel mill and get it back into pro- individual makes application for a nonsense. duction and a number of businesses, loan; or the USDA’s rural development I would just say that we have dem- breaking it up into an incubator and program, the individual makes applica- onstrated, when you give communities several places where we can bring com- tion. EDA is something far different. the resources they need to create job panies into that community. That is dealing with an entity, a group, opportunities as they see fit, we get an EDA helps the poorest of our commu- usually a public body. enormous return on that investment, nities, gives jobs and opportunities to I have also found that EDA is the every year more money paid in taxes their citizens. We have a lot of pro- linchpin that makes the deal possible. than we have invested in EDA in its en- grams to help urban America. EDA For instance, there is a project in West tire history. That is a return on invest- helps them, too. But we have a few pro- Virginia in which $2.5 million of EDA ment. grams that help rural America. Rural money and $2 million of ARC money I would just sum up by the words of America is economically hurting. We helped leverage $60 million of private a wonderful witness, not an economist, may be at an end of a 7-year growth in sector investment which is going to not a specialist, no great degrees, Red the economy of this State, but I want create hundreds of jobs. We do not get Robinson from southern Virginia, who to tell you, I can take you to pockets that kind of return too often. But with- at our committee hearing said, you of rural America where we are hurting. out the EDA being involved and provid- know, we are just proud, conservative In my view, there are a lot of Federal ing the infrastructure to that project, mountain people. We are not asking for policies that are strangling rural it would not have happened. a handout. We are asking for a hand America’s economic future. To cut off And so there is not duplication, and up. EDA has given us that hand up. rural America’s right hand as it tries the EDA is what often is the critical Defeat this amendment. Give all to pull itself up by its bootstraps, and matrix, the critical glue that pulls it America a hand up. EDA is one of the most effective agen- all together. Mr. PETERSON of Pennsylvania. Mr. cies, one of the most targeted agencies Finally, the people advocating this Chairman, I move to strike the req- to do that, is a mistake, when we amendment raise a very attractive ar- uisite number of words. would continue to spend three times gument of drug courts. I support drug I rise to oppose the Souder amend- the amount of money for the Inter- courts. I think there ought to be more ment. I support what they want to national Development Association, drug courts. I think the funding ought fund, but I think taking it from EDA is twice the amount of money for US to be increased, but not out of EDA. one of the worst choices we could make AID, the Agency for International De- Why? Because the irony to this is, and of a program to cut. velopment, spend almost that much I quote here and believe I am quoting I come from rural western Pennsyl- money in Bosnia and almost 21⁄2 times former President Reagan, ‘‘The best vania, rural central Pennsylvania. We that much money in Russia to help re- welfare program is a job,’’ and EDA had steel, glass, coal and oil decline build their economies, this is a cut in creates jobs, private sector jobs. within a decade, collapse. the wrong place. So what is it that brings people to I have watched what EDA does. It is It may be a cut from a good program, drug courts but hopelessness, and so one of a couple programs, there are but a cut in the wrong place. EDA, in they resort to drugs. EDA is another only a couple programs that target dis- my view, has become an agency that way out. It brings economic develop- tressed areas. I come from a State that very effectively targets hurting places ment and jobs to areas that do not had a lot of good economic develop- in America, and we should be increas- have them. So this is absolutely the ment programs. I always complained ing it even more, not cutting it. wrong way to go about helping drug H7126 CONGRESSIONAL RECORD — HOUSE August 4, 1998 courts. If we want to help drug courts, While I am supportive of the drug court pro- erating expenses shall remain available until then we should find the funding out of gram which provides grants to state, local and expended, and of which not to exceed some other portion, but do not do it Indian tribal governments to help develop $4,000,000 for purchase of evidence and pay- out of the one thing that brings hope ments for information, not to exceed treatment options for nonviolent drug offend- $10,000,000 for contracting for automated and enterprise and jobs to a commu- ers, I believe that a funding level of $43 million data processing and telecommunications nity. So I rise in opposition to the is more than adequateÐand is $13 million equipment, and not to exceed $2,000,000 for amendment. more than the 1998 level and the Administra- laboratory equipment, $4,000,000 for technical Mr. SOUDER. Mr. Chairman, will the tion's request for FY99. equipment, and $2,000,000 for aircraft replace- gentleman yield? The Economic Development Administration ment retrofit and parts, shall remain avail- Mr. WISE. I yield to the gentleman programs that assist distressed counties able until September 30, 2000; and of which from Indiana. throughout the country to strengthen and sta- not to exceed $50,000 shall be available for of- Mr. SOUDER. Mr. Chairman, does bilize local economies by creating jobs through ficial reception and representation expenses. the gentleman agree that, even if my community development projects will need all In addition, $405,000,000, to be derived from the Violent Crime Reduction Trust Fund, to amendment passes, there will be a $6.8 the appropriated funds contained in this bill in million increase in the assistance por- remain available until expended for such order to implement new EDA reforms, and to purposes. tion of EDA? adequately serve the country's needs. Mr. WISE. I agree if the gentleman’s I urge my colleagues to defeat this amend- CONSTRUCTION amendment passes, that will be X ment to cut $25 million from the EDA appro- For necessary expenses to construct or ac- amount of jobs that will not be cre- priation in order to bring the funding for drug quire buildings and sites by purchase, or as ated. The gentleman will want to put it courts to an unwarranted and unprecedented otherwise authorized by law (including equipment for such buildings); conversion into drug courts. I am trying to keep level of $68 million. Mr. Chairman, $68 million people out of drug courts by giving and extension of federally owned buildings; for drug courts, as worthy as those programs and preliminary planning and design of them a job in the first place. are, would mean a $38 million increase above projects; $8,000,000, to remain available until Mr. SOUDER. So is it is an increase; that requested by the Administration for fiscal expended. it is just a question of how big an in- year 1999 and above the amount made avail- IMMIGRATION AND NATURALIZATION SERVICE crease and what that means. able last year. Again, I urge defeat of the Is the gentleman familiar with the Souder amendment. SALARIES AND EXPENSES GAO study that says, for example, the The CHAIRMAN. The question is on For expenses, not otherwise provided for, Rutgers study referred to earlier did the amendment offered by the gen- necessary for the administration and en- not establish the direct connection? As tleman from Indiana (Mr. SOUDER). forcement of the laws relating to immigra- the gentleman well knows, when one The question was taken; and the tion, naturalization, and alien registration, does economic development, which I Chairman announced that the noes ap- as follows: did as a former staffer and worked with peared to have it. ENFORCEMENT AND BORDER AFFAIRS EDA, and I believe it does have meri- Mr. SOUDER. Mr. Chairman, I de- For salaries and expenses, not otherwise torious projects, that net studies have mand a recorded vote. provided for, for the Border Patrol program, not made the connection, including the The CHAIRMAN. Pursuant to House the detention and deportation program, the Rutgers studies, that have proven the Resolution 508, further proceedings on intelligence program, the investigations pro- direct correlation. the amendment offered by the gen- gram, and the inspections program, includ- ing not to exceed $50,000 to meet unforeseen Mr. WISE. I believe even the GAO tleman from Indiana (Mr. SOUDER) will emergencies of a confidential character, to studies, and it has been a few years be postponed. since I have looked at it, but even the be expended under the direction of, and to be The Clerk will read. accounted for solely under the certificate of, GAO study has trouble making the di- The Clerk read as follows: the Attorney General; purchase for police- rect statements the gentleman wants In addition, $215,356,000 for such purposes, type use (not to exceed 3,855 passenger motor it to make. And saying a job is directly to remain available until expended, to be de- vehicles, of which 2,535 are for replacement caused by anything is difficult to do, rived from the Violent Crime Reduction only), without regard to the general pur- but I can point to the gentleman, and I Trust Fund, as authorized by the Violent chase price limitation for the current fiscal know the gentleman can in his district, Crime Control and Law Enforcement Act of year, and hire of passenger motor vehicles; 1994, as amended, and the Antiterrorism and acquisition, lease, maintenance and oper- and everyone who has testified, Repub- Effective Death Penalty Act of 1996. lican and Democrat, in favor of EDA ation of aircraft; research related to immi- CONSTRUCTION gration enforcement; and for the care and knows that EDA has brought hope and housing of Federal detainees held in the jobs to their area. Indeed, in my area, For necessary expenses to construct or ac- quire buildings and sites by purchase, or as joint Immigration and Naturalization Serv- I can point to project after project otherwise authorized by law (including ice and United States Marshals Service’s where something would not be there equipment for such buildings); conversion Buffalo Detention Facility; $1,096,431,000, of were it not for EDA. and extension of federally owned buildings; which not to exceed $400,000 for research Mr. RAHALL. Mr. Chairman, I rise in opposi- and preliminary planning and design of shall remain available until expended; of tion to the amendment offered by my distin- projects; $11,287,000, to remain available which not to exceed $10,000,000 shall be avail- able for costs associated with the training guished colleague Representative MARK until expended. program for basic officer training, and DRUG ENFORCEMENT ADMINISTRATION SOUDER to cut $25 million from the appropria- $5,000,000 is for payments or advances arising tion for the Economic Development Adminis- SALARIES AND EXPENSES out of contractual or reimbursable agree- tration (EDA) in order to fund the drug court For necessary expenses of the Drug En- ments with State and local law enforcement program. forcement Administration, including not to agencies while engaged in cooperative activi- Mr. Chairman, the appropriations bill before exceed $70,000 to meet unforeseen emer- ties related to immigration; and of which not us, H.R. 4276, contains $368 million for the gencies of a confidential character, to be ex- to exceed $5,000,000 is to fund or reimburse EDA grant program, the same amount author- pended under the direction of, and to be ac- other Federal agencies for the costs associ- ized in H.R. 4275, the EDA reauthorization bill counted for solely under the certificate of, ated with the care, maintenance, and repa- the Attorney General; expenses for conduct- triation of smuggled illegal aliens: Provided, ordered reported by the Transportation & In- ing drug education and training programs, That none of the funds available to the Im- frastructure Committee in late July. This ap- including travel and related expenses for migration and Naturalization Service shall propriation is consistent with the EDA program participants in such programs and the dis- be available to pay any employee overtime reforms included in the reauthorization bill. tribution of items of token value that pro- pay in an amount in excess of $30,000 during The increase for the drug court program is mote the goals of such programs; purchase of the calendar year beginning January 1, 1999: not necessary. The Commerce-Justice-State not to exceed 1,428 passenger motor vehicles, Provided further, That uniforms may be pur- appropriations bill before us already increases of which 1,080 will be for replacement only, chased without regard to the general pur- this program from $30 million to $40 million, a for police-type use without regard to the chase price limitation for the current fiscal general purchase price limitation for the year: Provided further, That none of the funds $10 million increase. Further, Chairman ROG- current fiscal year; and acquisition, lease, provided in this or any other Act shall be ERS has graciously agreed to accept an maintenance, and operation of aircraft; used for the continued operation of the San amendment by Representative ENSIGN to add $796,290,000, of which not to exceed $1,800,000 Clemente and Temecula checkpoints unless another $3 million for the drug court program for research and $15,000,000 for transfer to the the checkpoints are open and traffic is being to bring funding to $43 million. Drug Diversion Control Fee Account for op- checked on a continuous 24-hour basis. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7127

CITIZENSHIP AND BENEFITS, IMMIGRATION the Health Resources and Services Adminis- LIMITATION ON ADMINISTRATIVE EXPENSES, SUPPORT AND PROGRAM DIRECTION tration such amounts as may be necessary FEDERAL PRISON INDUSTRIES, INCORPORATED For all programs of the Immigration and for direct expenditures by that Administra- Not to exceed $3,266,000 of the funds of the Naturalization Service not included under tion for medical relief for inmates of Federal corporation shall be available for its admin- the heading ‘‘Enforcement and Border Af- penal and correctional institutions: Provided istrative expenses, and for services as au- fairs’’, $523,083,000: Provided, That not to ex- further, That the Director of the Federal thorized by 5 U.S.C. 3109, to be computed on ceed $5,000 shall be available for official re- Prison System (FPS), where necessary, may an accrual basis to be determined in accord- ception and representation expenses: Pro- enter into contracts with a fiscal agent/fiscal ance with the corporation’s current pre- intermediary claims processor to determine vided further, That the Attorney General scribed accounting system, and such the amounts payable to persons who, on be- may transfer any funds appropriated under amounts shall be exclusive of depreciation, half of the FPS, furnish health services to this heading and the heading ‘‘Enforcement payment of claims, and expenditures which individuals committed to the custody of the and Border Affairs’’ between said appropria- the said accounting system requires to be FPS: Provided further, That uniforms may be tions notwithstanding any percentage trans- purchased without regard to the general pur- capitalized or charged to cost of commod- fer limitations imposed under this appropria- chase price limitation for the current fiscal ities acquired or produced, including selling tion Act and may direct such fees as are col- year: Provided further, That not to exceed and shipping expenses, and expenses in con- lected by the Immigration and Naturaliza- $6,000 shall be available for official reception nection with acquisition, construction, oper- tion Service to the activities funded under and representation expenses: Provided fur- ation, maintenance, improvement, protec- this heading and the heading ‘‘Enforcement ther, That not to exceed $90,000,000 for the ac- tion, or disposition of facilities and other and Border Affairs’’ for performance of the tivation of new facilities shall remain avail- property belonging to the corporation or in functions for which the fees legally may be able until September 30, 2000: Provided fur- which it has an interest. expended: Provided further, That not to ex- ther, That, of the amounts provided for Con- OFFICE OF JUSTICE PROGRAMS ceed 43 permanent positions and 43 full-time tract Confinement, not to exceed $20,000,000 JUSTICE ASSISTANCE equivalent workyears and $4,284,000 shall be shall remain available until expended to For grants, contracts, cooperative agree- expended for the Offices of Legislative Af- make payments in advance for grants, con- ments, and other assistance authorized by fairs and Public Affairs: Provided further, tracts and reimbursable agreements, and title I of the Omnibus Crime Control and That the latter two aforementioned offices other expenses authorized by section 501(c) of Safe Streets Act of 1968, as amended, and the shall not be augmented by personnel details, the Refugee Education Assistance Act of temporary transfers of personnel on either a 1980, as amended, for the care and security in Missing Children’s Assistance Act, as amend- reimbursable or non-reimbursable basis, or the United States of Cuban and Haitian en- ed, including salaries and expenses in con- any other type of formal or informal transfer trants: Provided further, That, notwithstand- nection therewith, and with the Victims of or reimbursement of personnel or funds on ing section 4(d) of the Service Contract Act Crime Act of 1984, as amended, $155,000,000, to either a temporary or long-term basis: Pro- of 1965 (41 U.S.C. 353(d)), FPS may enter into remain available until expended, as author- vided further, That the number of positions contracts and other agreements with private ized by section 1001 of title I of the Omnibus filled through non-career appointment at the entities for periods of not to exceed 3 years Crime Control and Safe Streets Act of 1968, Immigration and Naturalization Service, for and 7 additional option years for the confine- as amended by Public Law 102–534 (106 Stat. which funding is provided in this Act or is ment of Federal prisoners. 3524). otherwise made available to the Immigra- In addition, $26,499,000, for such purposes, STATE AND LOCAL LAW ENFORCEMENT tion and Naturalization Service, shall not to remain available until expended, to be de- ASSISTANCE exceed 4 permanent positions and 4 full-time rived from the Violent Crime Reduction For grants, contracts, cooperative agree- equivalent workyears: Provided further, That, Trust Fund. ments, and other assistance authorized by notwithstanding any other provision of law, BUILDINGS AND FACILITIES part E of title I of the Omnibus Crime Con- during fiscal year 1999, the Attorney General For planning, acquisition of sites and con- trol and Safe Streets Act of 1968, as amend- is authorized and directed to impose discipli- struction of new facilities; leasing the Okla- ed, for State and Local Narcotics Control nary action, including termination of em- homa City Airport Trust Facility; purchase and Justice Assistance Improvements, not- ployment, pursuant to policies and proce- and acquisition of facilities and remodeling, withstanding the provisions of section 511 of dures applicable to employees of the Federal and equipping of such facilities for penal and said Act, $552,750,000, to remain available Bureau of Investigation, for any employee of correctional use, including all necessary ex- until expended, as authorized by section 1001 the Immigration and Naturalization Service penses incident thereto, by contract or force of title I of said Act, as amended by Public who violates policies and procedures set account; and constructing, remodeling, and Law 102–534 (106 Stat. 3524), of which forth by the Department of Justice relative equipping necessary buildings and facilities $47,750,000 shall be available to carry out the to the granting of citizenship or who will- at existing penal and correctional institu- provisions of chapter A of subpart 2 of part E fully deceives the Congress or department tions, including all necessary expenses inci- of title I of said Act, for discretionary grants leadership on any matter. dent thereto, by contract or force account; under the Edward Byrne Memorial State and VIOLENT CRIME REDUCTION PROGRAMS $413,997,000, to remain available until ex- Local Law Enforcement Assistance Pro- In addition, $866,490,000, for such purposes, pended, of which not to exceed $14,074,000 grams. shall be available to construct areas for in- to remain available until expended, to be de- AMENDMENT NO. 10 OFFERED BY MR. BASS rived from the Violent Crime Reduction mate work programs: Provided, That labor of Trust Fund: Provided, That the Attorney United States prisoners may be used for Mr. BASS. Mr. Chairman, I offer an General may use the transfer authority pro- work performed under this appropriation: amendment. vided under the heading ‘‘Citizenship and Provided further, That not to exceed 10 per- The CHAIRMAN. The Clerk will des- Benefits, Immigration Support and Program cent of the funds appropriated to ‘‘Buildings ignate the amendment. Direction’’ to provide funds to any program and Facilities’’ in this Act or any other Act The text of the amendment is as fol- of the Immigration and Naturalization Serv- may be transferred to ‘‘Salaries and Ex- lows: ice that heretofore has been funded by the penses’’, Federal Prison System, upon notifi- Amendment No. 10 offered by Mr. BASS: Violent Crime Reduction Trust Fund. cation by the Attorney General to the Com- mittees on Appropriations of the House of Page 25, line 24, after the dollar amount, CONSTRUCTION Representatives and the Senate in accord- insert the following: ‘‘(increased by For planning, construction, renovation, ance with section 605 of this Act: Provided $19,500,000)’’. equipping, and maintenance of buildings and further, That, of the total amount appro- Page 26, line 2, after the dollar amount, in- facilities necessary for the administration priated, not to exceed $3,300,000 shall be sert the following: ‘‘(increased by and enforcement of the laws relating to im- available for the renovation and construc- $4,500,000)’’. migration, naturalization, and alien reg- tion of United States Marshals Service pris- Page 51, line 9, after the dollar amount, in- istration, not otherwise provided for, oner-holding facilities. sert the following: ‘‘(decreased by $81,570,000, to remain available until ex- $43,000,000)’’. FEDERAL PRISON INDUSTRIES, INCORPORATED pended. Page 51, line 10, after the dollar amount, The Federal Prison Industries, Incor- FEDERAL PRISON SYSTEM insert the following: ‘‘(decreased by porated, is hereby authorized to make such $43,000,000)’’. SALARIES AND EXPENSES expenditures, within the limits of funds and For expenses necessary for the administra- borrowing authority available, and in accord Mr. BASS. Mr. Chairman, the amend- tion, operation, and maintenance of Federal with the law, and to make such contracts ment that I offer today will increase penal and correctional institutions, includ- and commitments, without regard to fiscal funding for the Edward Byrne grant ing purchase (not to exceed 763, of which 599 year limitations as provided by section 9104 program by $19.5 million. This increase are for replacement only) and hire of law en- of title 31, United States Code, as may be would be offset by eliminating $43 mil- forcement and passenger motor vehicles, and necessary in carrying out the program set for the provision of technical assistance and forth in the budget for the current fiscal lion earmarked for new grants in fiscal advice on corrections related issues to for- year for such corporation, including pur- year 1999 under the Advanced Tech- eign governments; $2,922,354,000: Provided, chase of (not to exceed 5 for replacement nology Program. The reason for the That the Attorney General may transfer to only) and hire of passenger motor vehicles. difference between the $19.5 million H7128 CONGRESSIONAL RECORD — HOUSE August 4, 1998 and the $43 million is a difference in dren are a little safer at school or out funds provided in our bill to support outlays versus authority, but it is in the community, is more important them. This amendment would cut $43 scored by CBO as a neutral scoring. than helping companies that have an million provided in the bill for new As my colleagues know, the ATP pro- aggregate research and development awards under the ATP program, and gram subsidizes private sector techno- budget of almost $40 billion, giving this would, in effect, kill the program. logical R&D, and Byrne programs, them $43 million for their new pro- So only if we are diametrically opposed which would be increased by $19.5 mil- grams when they are making plenty of to the program, only if we are philo- lion, are sources for Federal financial money the way it is now. sophically opposed to the program, assistance for State and local drug en- Mr. Chairman, I do hope that my col- only if we would like to kill the ATP forcement efforts. leagues will support this amendment program would we vote for this amend- Mr. Chairman, the business of appro- and vote it up. ment. priations is the business of making pri- Mr. MOLLOHAN. Mr. Chairman, I I would like to summarize the rea- ority judgments. We heard about that rise in opposition to the Bass amend- sons that I am a strong supporter of when we were discussing the last ment to eliminate $43 million from the ATP, be a little positive here. First, amendment, about where scarce dollars Advanced Technology Program. the ATP program makes a very sound should go, and the question posed by I have listened to the gentleman’s de- contribution to this Nation, maintain- this amendment is very simple: bate with interest. What is interesting ing a competitive position in the global Should we provide Federal financial to me is, again, the false choices he marketplace. assistance for State and local drug en- sets up. The programs that he lists, b 1830 forcement efforts, or do we provide drug courts, a lot of the law enforce- companies like Dow Chemical with $7.8 ment activities, this subcommittee has It is a sound contribution but it is million when they enjoyed a 1997 net robustly funded, and I think we are still a small contribution relatively. As profit of $1.81 billion? Do the math. justly proud of the amount of money of right now, with the ATP program That is like one six-thousandth of their that we have put into law enforcement funded as it is, the U.S. ranks 28th be- entire profit. to fight crime and drugs in this coun- hind all of our major global competi- Or should we provide much-needed try. tors in the percentage of government resources to fight crime and drug abuse The other point that I would make is R&D invested in civilian technologies. in our schools, or do we provide IBM that, again, his statement is interest- While we sit here tonight debating an with $14.8 million when they made over ing because of what it left out. And amendment which would cripple the $6 billion last year? that is, as he talks about the large ATP program, across the ocean our Should we provide more money for companies that are receiving money competitors, England, Germany, Aus- the purchase of equipment to provide for the ATP program, he leaves out the tralia, Portugal, are investing heavily training and technical assistance to fact that many, many, many of these in similar initiatives. In fact, the gov- improve criminal justice systems, or is grants, and I do not know specifically ernments of the European Community, it more important to provide $3.7 mil- of which ones he speaks, but the ATP understanding the strategic impor- lion to the Ford Motor Company even program is characterized by its ability tance of these kinds of investments and though they showed a profit of $7 bil- to, number one, fund precommercial these partnerships of government with lion in 1997? research and also to do it in partner- academia and private industry, this Or how about funding education pro- ships with small companies, with aca- European Community is funding ad- grams in schools to prevent children demic institutions, bringing together vanced technology research to the tune from getting hooked on drugs, or funds these strategic alliances that would of $5.5 billion. to help parents deal with and get treat- not be brought together if it were not Mr. BASS. Mr. Chairman, will the ment for a drug-dependent child and for the program. Only if we philosophi- gentleman yield? get that child into treatment, versus cally believe that the Federal Govern- Mr. MOLLOHAN. I yield to the gen- giving General Motors $3.2 million ment should not be making contribu- tleman from New Hampshire. when they had a profit of $6.7 billion tions for basic research in these core Mr. BASS. Mr. Chairman, how is the last year? strategic areas should we even consider U.S. doing economically compared to My colleagues, it is indeed a question supporting the Bass amendment. Europe and Japan, given the fact that of priorities, and the Byrne Grant pro- The gentleman’s amendment is these governments are providing so gram is a great program, and I would meant to confuse the debate on this much money for economic research and suggest to my colleagues that it would issue. He has chosen to take funds out development? be difficult to argue that we do not of the ATP program and add them to a Mr. MOLLOHAN. I ask the gen- need any more money for this program; very popular grant program, the Byrne tleman to tell me. that we do not need any more money Grant program, because he knows this Mr. BASS. Well, we are doing an for crime prevention programs to assist program is supported by a large major- awful lot better. citizens in communities and neighbor- ity of our membership. Well, I am a Mr. MOLLOHAN. We are. hoods in preventing and controlling very strong advocate of the Byrne Mr. BASS. We are not doing half as crime, especially crime directed Grant program. Those funds help every much. against the elderly; and in rural juris- State in the union to assist local com- Mr. MOLLOHAN. Do we have an ATP dictions to improve the response of the munities in implementing comprehen- program? criminal and juvenile system to domes- sive approaches to fighting crime. It is Mr. BASS. We have an ATP that is tic violence and relate to law enforce- an excellent program. Byrne Grant much smaller than those other govern- ment in the prevention of gangs or the funding has increased by $77 million ments and we are doing so much bet- youth at risk of joining gangs. This is since 1994, and no one has supported it ter. where this money goes. more strongly than I. Mr. MOLLOHAN. Mr. Chairman, re- And the question that we have to ask The administration has requested claiming my time, I have to assume is do we want to add $43 million to $552 million for the Byrne Grant pro- that the ATP program is making its ATP, which gives these $1, $2, $3, $4, $5, gram in 1999, and the bill before us contribution in this strategic effort for $6 million grants, up to $14 million to today fully funds that request, which is the government to participate, and Johnson & Johnson, when these compa- a slight increase over fiscal 1998 funds. they must be competitive in the future, nies are making more money in aggre- Let me state that again. The Byrne and I appreciate the gentleman making gate than the whole law enforcement Grant program is fully and completely my point. budget has accrued in Congress. funded in this bill. Mr. COBURN. Mr. Chairman, I move Indeed, my colleagues, the issue of It is a shame that my colleague has to strike the last word. appropriations is the issue of making chosen to offer such an amendment. I, Mr. Chairman, I rise in strong sup- priority decisions. And in my opinion for one, am strongly in favor of both port of the Bass amendment. fighting crime in our neighborhoods, so initiatives, ATP and these crime fight- I want to take this in a little bit dif- that our parents know that their chil- ing programs, and there are adequate ferent direction. Last night this House August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7129 voted to support the Shays-Meehan that the majority of Republicans in would not be pursued because of tech- amendment to eliminate soft money this body have voted against the ATP nical risks and other obstacles that contributions. I thought it would be in- program. But it is also my recollection discourage private investment. teresting for us to look at the grantees that in the 4 years I have been here, The ATP has proven to be an effec- from the ATP program and their soft the majority of soft money dollars tive mechanism for motivating compa- money contributions, because there went to the Republican Party. nies to look farther out onto the tech- happens to be a very good correlation. How would my colleague explain nology horizon. By discarding the ATP, So if we really believe in corporate that? we would destroy progress made in en- welfare, then we are going to not sup- Mr. COBURN. Mr. Chairman, re- couraging far-looking, risk-sharing re- port the Bass amendment; but if we do claiming my time, I probably do not search and development of new ena- not believe in corporate welfare, if we have an explanation other than to say bling technologies. truly recognize that over 60 percent of that there are no clean hands when it We are fortunate that people long be- the money in ATP grants goes to non- comes to soft money, not on either fore us took a chance and made sure small business but goes to Fortune 500 side. that that research was done that cre- companies, then in fact we can support Mr. BASS. Mr. Chairman, will the ated the technologies that we are this amendment. gentleman yield? working with now. We have a respon- Let me relate some of the details. Mr. COBURN. I yield to the gen- sibility to not eliminate the ATP be- IBM has been mentioned. Since 1990 it tleman from New Hampshire. cause it would destroy the momentum has received $134 million in taxpayer Mr. BASS. Mr. Chairman, a further created for a new type of industry-led grants, including over $15,000 last year. point here. My colleague may be aware industry, government, university part- In the same period, IBM had $6 billion of the fact that on the 26th of July, nership; a partnership with appropriate in profits last year. They spent well 1995, just a little more than 3 years roles, appropriate goals, and exciting over $5 million of this money on re- ago, this House voted 223 to 204 to zero prospects for our U.S. economic gain. search and development. IBM was one out ATP. Government and industry have al- of the top soft money givers. We are also aware of the fact that ways made substantial commitments General Motors, since 1990, received only 40 percent of ATP funding goes to to ATP. Its demise would show the gov- $105 million in taxpayer funds for re- small businesses. And in their own ernment to be a capricious and unreli- search and development. GM had prof- statements ATP has said that they able partner. But to ensure economic its of $6.8 billion last year. General Mo- have ‘‘no special allowance for small growth and jobs into the next century, tors also was in the top 100. General business.’’ the country depends on U.S. industry Motors did slightly better with rela- And, thirdly, 42 percent of the recipi- to put science and technology to work. tionship to ATP than Ford or Chrysler. ents of ATP funding said they would Throughout this century, the United Over the same period of time, GM re- have done the research anyway. States has built whole new industries ceived $105 million, Ford only $68 mil- Mr. COBURN. Mr. Chairman, re- upon a flourishing science and tech- lion, Chrysler a pittance of $30 million. claiming my time, I would just summa- nology base created by the Federal But it was General Motors, and not rize by saying that we should recognize Government and private firms. Public- Ford or Chrysler, who made the list of what corporate welfare is. Everybody private partnerships have resulted in top 100 soft money contributors. talks that word. Everybody says it. But the birth of new industries such as General Electric, over the 1995 elec- now it is time to vote. It is time to computers and biotechnology, and tion cycle, gave over $1 million in soft take the money away from the richest world leadership in others such as aero- money but received $11 million in ATP corporations in this country and let space, telecommunications, and phar- program money. them stand on their own two feet. It is maceuticals. AT&T, which over the same election called competition. It is called allow- However, times have changed. Today, period contributed $2.7 million in soft ing them to use their own insight and Federal agencies are more focused on money to our two political parties, has own assets to compete in the world. science and technology that is essen- received $69 million in ATP funds. Ms. EDDIE BERNICE JOHNSON of tial to their missions. Even though What I would like this body to con- Texas. Mr. Chairman, I move to strike there is an even greater focus on tech- sider, if we really do not believe in soft the requisite number of words. nology transfer, there is greatly re- money and we really do not see a con- Mr. Chairman, I rise in strong opposi- duced spin-off from mission-related re- nection between ATP grants and soft tion to this amendment. In spite of the search. money, and we really want to get rid of fact that the large companies make Company research and development soft money, we ought to get rid of one most of their contributions to Repub- has shifted to narrower, more focused of the reasons that soft money is there. licans, I rise in support of the ATP pro- work. Large firms no longer pour bil- It is the corporate welfare that we see. gram because it is key to the economic lions into the development of high- Let me just mention a few more. growth. risk, broad-based technologies that Sun Microsystems had a net profit The capability to generate, diffuse, other firms can build on, such as GE, last year of $762 million; received over and employ new technologies in the AT&T, Bell Labs and IBM once did. $50 million in ATP grants over the last face of rising technical competence and While it may be true, as some would 7 years. United Technologies had over competition around the world will de- say, that large firms are able to pay for $1 billion profit. They received over $4 termine in a large measure the Na- their own R&D, it is also true that million in grants in 1995. 3–M, $1.626 tion’s ability to succeed and prosper in they will not pay for longer-term, high- billion in profits. They received almost the 21st century. er-risk, broadly applicable technology $2 million in grants. These programs give these U.S. firms if other firms are going to benefit from I think what we need to do is be hon- an incentive that accelerates the devel- the research without paying for it. est with the American public. There is opment of technologies that, because ATP fills a critical niche in the Na- a place for ATP. It is to small business they are risky, are unlikely to be de- tion’s science and technology portfolio. and small entrepreneur business, not veloped in time to compete in rapidly Large and small firms are an impor- the Fortune 500 companies who are changing world markets. tant part of the mix, along with uni- well endowed with their own profits For Americans, the real payoff is the versities and national labs. and can afford their own research. economic growth fueled by the intro- Part of the reason that large firms Ms. RIVERS. Mr. Chairman, will the duction of future products and indus- need to be involved with ATP partner- gentleman yield? trial processes based on the ATP-spon- ships is because, in large measure, that Mr. COBURN. I yield to the gentle- sored research. is where the technology is. The United woman from Michigan. The ATP is a competitive, peer-re- States and its citizens stand to benefit Ms. RIVERS. Mr. Chairman, in try- viewed, cost-shared program with in- more in this equation than the individ- ing to draw a correlation between ATP dustry. Their sole aim is to develop ual firms. and soft money, my recollection, in the high-risk, potentially high-payoff ena- In addition, small firms and univer- 4 years I have served in this House, is bling technologies that otherwise sities, about half the ATP awards go to H7130 CONGRESSIONAL RECORD — HOUSE August 4, 1998 small firms, frequently want larger committee approved, obviously, H.R. technologies so that we can compete firms in the partnership to provide 1274, which was the National Institute with foreign automobile companies. critical business and marketing skills of Standards and Technology Author- That is the bottom line. ATP has been or to provide complementary tech- ization Act of 1997. H.R. 1274 makes im- a contributing factor in bringing to- nologies needed for further develop- portant changes to ATP. gether, and sometimes the most con- ment. So large firms also frequently What it does is, it includes language tributing factor in bringing together ante up the extra funding that allows to reform the grant process by requir- industries, so that instead of compet- universities and others to participate ing that grants can only go to projects ing as they do on a daily basis, they and to provide the organizational staff that cannot proceed in a timely man- can work together as an industry on for collaborations. ner without Federal assistance. behalf of American workers and Amer- A program like the ATP program The bill also increases the match re- ican business to compete and create sweetens the pot to induce firms to quirements for ATP grant recipients to new efficiencies and new technologies form partnerships to develop important 60 percent for joint ventures and non- so that we can be effective in keeping technology that would not be devel- small business single applicants. jobs here in America rather than hav- oped otherwise. It is one element in a ing them be overseas. The ATP con- b strategy to bridge the gap between 1845 tributes to a valuable new culture of public R&D, largely basic science and Through these reforms, the House is cooperation in U.S. industrial R&D. mission driven, and private research moving ATP in the right direction. We In one study of more than 400 organi- and development, largely focused on have reformed it. zations working on ATP projects, near- products and low-risk science and tech- Just last week, the Senate passed S. ly 80 percent worked on the project in nology. 1325, the Technology Administration collaboration with other companies, Important, high risk, enabling tech- Authorization Act. That bill also au- universities or Federal labs. Eighty- nologies exist in large firms as well as thorizes ATP and includes many of the five percent of these reported that the small. Just as in small firms, many of same reforms that were contained in ATP played a significant role in bring- these technologies will only be devel- H.R. 1274. ing the collaborative relationship to- oped if the Government and industry Both the House and the Senate au- gether. I can speak firsthand in Michi- share the risk and the benefits. thorizers include money for new ATP gan for the fact that that is true. Cor- Mrs. MORELLA. Mr. Chairman, I grants in fiscal year 1999. The Senate porations, businesses are busy working, move to strike the requisite number of bill would allow for roughly $67 million focusing on the bottom line week to words. in new awards while the House includes week, quarter to quarter. The ATP al- Mr. Chairman, I rise in opposition to roughly $13 million. Since the final lows them and creates an incentive to the Bass amendment. The gentleman ATP authorization for fiscal year 1999 bring them together on an industry from New Hampshire (Mr. BASS) is my has yet to be worked out, the House ap- basis to look long-term. That is what dear friend, but I think this amend- propriations figure of $43 million in we need as Americans, to be looking ment that he has offered, which would new grants seems appropriate. long-term as far as jobs are concerned. cut off all new grants for the ATP pro- Mr. Chairman, the bottom line is The results of ATP-sponsored re- gram, would effectively kill the pro- that if you zero out new awards, you search, commercialized by private in- gram and I strongly oppose it. kill the ATP program. I believe that we dustry, are starting to emerge from Mr. Chairman, ATP should not be should reform it, and we have been laboratories and enter the market- killed. Companies that have partici- doing that, and not kill it. It is a true place. I would like to just briefly men- pated in the program, even those that partnership. tion three. have not, agree. The Coalition for One of the earliest ATP projects, a With the passage of H.R. 1274 and S. Technology Partnerships includes com- collaborative effort to develop a suite 1325, the House and Senate have taken panies ranging from IBM and B.F. of advanced manufacturing tech- strong, positive steps to reform ATP. Goodrich, to the Cryovac Division of nologies for the printed wiring board Let us not reverse course now. the Seal Air Corporation in my home industry, PWB, resulted in new mate- Last year, Mr. Chairman, a similar State of Maryland, which has written rials, testing, imaging and production amendment to end ATP and transfer to me to express their opposition to the techniques that have been credited by money to another worthwhile project, Bass amendment. Let me quote from the National Center for Manufacturing the letter. in that case juvenile crime prevention, Sciences with quite literally saving the failed by a vote of 163–261. The Bass The ATP enables organizations to share roughly $7 billion United States PWB costs, risks, and technology expertise in amendment should be defeated as well. industry with its approximately 200,000 precompetitive R&D. By pooling resources, Mr. Chairman, I ask all my col- jobs. ATP has been credited with quite it allows projects to be pursued that other- leagues to support cooperative research literally saving 200,000 jobs and an en- wise would lie dormant. Smaller companies to strengthen our economy. Vote ‘‘no’’ tire industry. frequently want to work with larger ones to on the Bass amendment. gain access to skills, technology, funding An ATP joint venture in the auto- Ms. STABENOW. Mr. Chairman, I mobile industry as I mentioned earlier and potential customers available in no move to strike the requisite number of other way. Cooperative research programs that included several small and mid- like ATP strengthen small companies meas- words. sized manufacturers and universities in urably. The Bass amendment kills this. Simply today we are talking about Michigan resulted in manufacturing The House appropriators have al- creating jobs for the future for our con- monitoring and control technologies ready reduced ATP funding by $12.3 stituents, for American workers, or that have led to significantly improved million, from $192.5 million in fiscal whether or not we are going to stand dimensional tolerances, improving ve- year 1998 to $180.2 million in fiscal year by and refuse to invest in the kinds of hicle quality and customer satisfac- 1999. Further, they cut new awards by partnerships that will create new tech- tion. One economist has projected that 48 percent. Last year the National In- nologies to create those jobs. In Michi- the project’s market-share boost for stitute of Standards and Technology gan, we have put together a number of U.S. auto manufacturers has resulted spent $82 million on new ATP projects. ATP projects that have been extremely in thousands of new jobs and a $3 bil- Under H.R. 4276, NIST would be limited positive. One is the Auto Body Consor- lion increase in the U.S. industrial out- to only $43 million in new awards. That tium. put within the next two years. We are already is a $39 million cut. The gentleman introduced this talking about jobs, high-paying jobs for The House appropriators have cut amendment by talking about Ford and my constituents and the constituents ATP enough. The effort to eliminate General Motors, Chrysler also falls in of my colleagues. new ATP awards is simply an effort to that category, as receiving dollars. Finally, the ATP was instrumental kill the program, not reprioritize fund- They have not received individual dol- in promoting the research that led to ing in the Commerce-Justice-State Ap- lars for individual projects. They are today’s DNA chips, miniaturized genet- propriations bill. part of a consortium of universities, ics labs that offer fast, up to 1,000 Last year, Mr. Chairman, I intro- small businesses and the auto industry times faster than conventional meth- duced and the House passed and the to work on high-risk, cutting-edge, new ods, faster, accurate, low-cost genetic August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7131 analysis. Early spin-offs of ATP most well-developed, most sophisti- industry if and when it finally does ar- projects in this area already are being cated venture capital industry in the rive. used in agriculture and food and cos- world, that has a keen ability to go out Politicians and bureaucrats cannot metics testing as well as the obvious and find new technologies, find new and should not pick winners and losers applications in drug discovery, human- products, find new companies in which in industries across the country. We genome research, and biomedical re- they can invest profitably. The idea should not play off one industry search. that somehow the United States gov- against the other; the telecommuni- We are talking about the ability to ernment, that a number of bureaucrats cations industry against the pharma- increase the quality of life for our con- sitting around in an office somewhere ceutical industry, the pharmaceutical stituents, their health, their jobs, their in Washington, D.C. has the intellec- industry against biotechnology, bio- food safety and the ability to move for- tual acumen to compete with the technology against textiles. That is ward and compete in a world economy greatest minds in the world who are in- wrong. It is not just wrongheaded, it is in partnership, around the world. We vesting in ventures every day is ridicu- not just intellectually wrong, but it is are competing against teams, teams of lous. morally wrong, to take taxpayer funds business, labor, government, education I think what it comes down to are from hardworking people who may not on the other side of the ocean. We have two things, two reasons that people in- be in an industry that is getting the to have those teams in place. sist on trying to subsidize R&D for big subsidy, take their tax dollars and The CHAIRMAN. The time of the these profitable corporations year after do not just give it to another industry gentlewoman from Michigan (Ms. year after year: First, perhaps politi- but give it to some fat cat in a Fortune STABENOW) has expired. cians want to take some credit for cre- 500 company that is raking in billions (On request of Mr. BASS, and by ating jobs. They want to feel that they and billions of dollars of profits every unanimous consent, Ms. STABENOW was can take taxpayer money allocated for year. allowed to proceed for 30 additional one part of the country to another in We need to take a stand against that seconds.) some sort of a company, some sort of a kind of wrongheaded technology policy Mr. BASS. Mr. Chairman, will the venture and then take credit for jobs and industrial policy. We need to take gentlewoman yield? that might somehow be related to that a stand against corporate welfare. We Ms. STABENOW. I yield to the gen- investment. But that is not really what need to support the gentleman’s tleman from New Hampshire. we are here to do. We are here to create amendment. Mr. BASS. The gentlewoman from an economic climate in which jobs can Mr. MORAN of Virginia. Mr. Chair- Michigan has made a great case, it be created. We are not here as elected man, I move to strike the requisite sounds like heaven on earth, but I officials or bureaucrats that might be number of words. think it is important to point out that appointed in Washington to somehow Mr. Chairman, I urge my colleagues these three automakers made almost decide what the technological winners to join me in voting against this short- $20 billion. ATP would be .005 percent and losers in our economy ought to be. sighted amendment, because it re- of their entire profits. The reality is The notion that we somehow can pick stricts American investment in new that they could fund the entire consor- the new technologies, the new products ideas. It is ideas and the whole process tium. that are going to create jobs for com- of innovation that cause economic Ms. STABENOW. If I could reclaim panies tomorrow as elected officials is growth. We should be nurturing new my time for a moment to indicate, this simply wrong. We might be able to find initiatives and providing opportunity is about the ability to bring together one or two projects or even five or 10 for their development, not foreclosing competitors, to work together in a co- projects where some job was created, them as this amendment seeks to do. operative way on behalf of American and I would certainly hope that after In light of the comments of my friend workers. ATP allows them to do that. spending billions of dollars, the ATP and colleague from New Hampshire, let Mr. SUNUNU. Mr. Chairman, I move can point to at least a couple of suc- me tell you the story of a handful of re- to strike the requisite number of cesses, but the ultimate question is search scientists from Springfield, Vir- words. whether or not we are going to engage ginia. These researchers were studying Mr. Chairman, I rise in strong sup- in this kind of corporate welfare year methods of detecting minute con- port of the amendment for a number of after year after year. centrations of chemicals. Existing reasons, not least of which is the fact We can also just as easily point to technology measures radiation output that even the strongest proponents of the areas where we have subsidized or to identify these chemicals. However, the ATP readily admit that its value, tried to subsidize otherwise profitable when detecting extremely minute its subsidy goes almost exclusively to industries or mistaken technologies at quantities, naturally occurring back- otherwise profitable corporations, the expense of the taxpayer. There was ground radiation creates too much many of them the largest corporations, a movement in this Congress eight, 10 noise to provide useful measurements. not just in the United States but the years ago to subsidize the static mem- To overcome this problem, they con- largest and most profitable corpora- ory industry, the D-RAM industry. It ceived of a sophisticated multiphoton tions in the entire world. They use was the be-all and end-all of tech- detector which could not only measure phrases like cost-sharing and risk-shar- nology investment. We needed to be the rate of radiation decay but the ing, but where I come from, that is competitive. This was the future of the type of decay as well, effectively elimi- simply a euphemism for subsidy. country. The fact of the matter is nating all background noise. Eventu- These are subsidies to very large cor- today the static memory business is ally we will all be able to see the im- porations that are undertaking re- one of the least profitable businesses in portance of developing this technology. search and development, the vast ma- the entire world. If we had followed the But the lenders and venture capitalists jority of which otherwise would under- industry policy wonks down that road, were wary of investing in what had to take that very same R&D because they we would not have wasted millions or be considered a high-risk project. know it makes good business sense to tens of millions of public money, we b invest in these new products and in would have wasted hundreds of mil- 1900 some cases even in emerging tech- lions. With a $1.7 million grant, not a big nologies. High definition television. The Japa- grant, but $1.7 million from the Ad- Risk-sharing. We somehow think nese government wasted billions of dol- vanced Technology Program, they suc- that risk-sharing is something that the lars developing a high definition TV cessfully developed the multiphoton Federal Government, that the United standard that ultimately will be a detector. The detector is currently un- States should be intimately involved in laughingstock, because the private dergoing final testing, and the com- and taking taxpayer dollars and some- minds, the private sector was willing pany is seeking premarketing approval how subsidizing these risks. But the to take risks, invest in new tech- from necessary regulatory agencies. fact of the matter is we have a very nology, evolve technology, and ulti- Over the next few years these few re- well-developed venture capital indus- mately it is a private sector-developed searchers hope to take their firm pub- try in this country, most certainly the standard that will dominate the HDTV lic. They anticipate revenues of $88 H7132 CONGRESSIONAL RECORD — HOUSE August 4, 1998 million, and they expect to employ They do compliment each other, they ventures. One hundred eighty-five of about 300 full-time employees, jobs and are not mutually exclusive, and that is these awards, more than 50 percent, economic growth that would not have the point I wish to make, that ATP went to small business. occurred had it not been for the ATP does play a role. It is a complimentary It is not, as my friends keep saying, program. role. It is kind of a last resort oppor- that the vast majority of these dollars The benefits of this new detection tunity for firms that know that they are going to large corporations. They system will have broad applications have a good idea, they have to compete are, in fact, going to small businesses. throughout society. Doctors can look with other good ideas and have to be Other small businesses are also in- for certain particles in minute traces fully reviewed, and I think it is a great volved in joint R&D ventures supported of saliva rather than invasively draw- deal of scrutiny they are exposed to. by the ATP by forming strategic part- ing spinal fluid. There are applications The CHAIRMAN. The time of the nerships with larger firms. My col- for this product in health care, envi- gentleman from Virginia (Mr. MORAN) league from Michigan pointed out that ronmental protection, even processing has expired. the dollars go to the venture itself, not materials to build sensitive items like (By unanimous consent, Mr. MORAN to the composite corporations. So semiconductors. of Virginia was allowed to proceed for small businesses are participating fully When these researchers could not get 1 additional minute.) in these kinds of opportunities along financing from private sector local Mr. SUNUNU. Mr. Chairman, would with larger corporations, and univer- lenders and venture capitalists, they the gentleman yield further? sities as well. had to turn to the Advanced Tech- Mr. MORAN of Virginia. I yield to To go back to the basic mission of nology Program. Without the ATP, the the gentleman from New Hampshire. the Advanced Technology Program, it only option left to them would have Mr. SUNUNU. The gentleman’s point is meant to develop technology to ben- been to develop this product overseas. that the ATP funding is going to the efit the United States economy. The Now China and Korea and Japan all private sector and companies that al- goal of the ATP is to benefit the U.S. realize the importance of funding high- ready exist emphasizes exactly the economy by cost-sharing research with risk research that will have broad ben- point that those of us that oppose the industry to foster new innovative tech- efits to their economy and society. If program are trying to make, and that, nologies. The ATP invests in risky, we relinquish our role as the world is the beneficiaries or private compa- challenging technologies that have the leader in fostering technological inno- nies in most cases are already earning potential for a big payoff for the Na- vation, then we can expect a decrease a profit, already undertaking this re- tion’s economy. These are the projects that tradi- in market share for all our techno- search, and we ought not to be subsi- tional venture capitalists tend to shy logical products and a corresponding dizing those private sector profitable away from, but there is a view that loss of American jobs. initiatives. Mr. Chairman, I do not think that this could have a big payoff for us as a Mr. MORAN of Virginia. I think the this amendment is in America’s inter- Nation. These technologies create op- government has a synergistic role with est. I think the Advanced Technology portunities for new world class prod- the private sector, particularly in Program is in America’s interest. This ucts, services and industrial processes, areas like this. amendment would hamper growth. We benefiting not just the ATP partici- Ms. STABENOW. Mr. Chairman, will need to be finding ways of sustaining pants but other companies and indus- the gentleman yield? and expanding growth. This amend- tries, and ultimately taxpayers as well. Mr. MORAN of Virginia. I yield to ment would stifle innovation. We need By reducing the early stage R&D risks the gentlewoman from Michigan. to be encouraging innovation in every for individual companies, the ATP en- Ms. STABENOW. Mr. Chairman, I way possible. ables industry to pursue promising might just add one point, and that is, Mr. Chairman, I urge my colleagues technologies which otherwise would be the universities are in fact doing their to vote a resounding ‘‘no’’. ignored or develop too slowly to com- research under ATP in cooperation, as Mr. SUNUNU. Mr. Chairman, will the pete in a rapidly changing world mar- the gentleman indicated. The private gentleman yield? ket. Mr. MORAN of Virginia. I yield to sector is involved in sharing informa- One of the things that was found in a the gentleman from New Hampshire. tion, but the dollars are not going to survey of ATP participants is that Mr. SUNUNU. Mr. Chairman, I just the major industries themselves. They many felt that the technologies would want to clarify that I am a strong pro- are going to a consortium. The univer- not have been developed with the same ponent of Federal programs that invest sities and small businesses have been speed were it not for the ATP program. in basic R&D, and I would point to the contracting for those dollars, so we are And the reality is, and I will not yield National Science Foundation, $2.2 bil- talking about university-based re- until I finish my presentation, the re- lion or so that we will invest this year search, as the gentleman is aware. ality for far too many corporations in through universities and laboratories Mr. MORAN of Virginia. Mr. Chair- this country is that R&D is now heav- and colleges all across the country. man, I am glad the gentlewoman from ily D and very little R, and that is And my question would be: What ex- Michigan clarified that. where the ATP program steps in. actly is the difference between the Ms. RIVERS. Mr. Chairman, I move Unlike comments from my colleague kinds of projects that the gentleman to strike the requisite number of from New Hampshire, ATP is not gov- describes and the National Science words. ernment-driven, it is industry-driven. Foundation programs? Mr. Chairman, I rise in opposition to Research priorities are set by the in- The only fundamental difference that the Bass amendment, and I want to dustry, not the government. For-profit I can see is under ATP the projects and take some time to go through some companies conceive, propose and exe- the subsidies are going towards cor- basic facts about the program. But be- cute ATP projects and programs based porations, again, the largest corpora- fore I get into issues like the mission on their understanding of the market- tions in the country for the most part. and how grants are made, I want to ad- place and research opportunities, so Why can we not consolidate whatever dress the small business participation the genius that my friend from New efforts they have with the NSF, which in ATP because I have a suspicion that Hampshire was talking about is indeed is already well-founded, well-funded my friends on the other side of the a part of this proposal. The ATP selec- and undertaking true basic research aisle are using data that is not com- tion process, which includes both gov- rather than subsidizing? pletely up to date. ernment and private sector experts, Mr. MORAN of Virginia. Mr. Chair- Although the ATP makes no special identifies the most meritorious efforts man, as the gentleman knows, ATP is allowance for small businesses, the re- among those proposed by industry. much more focused on the private sec- sults of the first 8 years of the program ATP is not about product develop- tor, on the small business community show that small and mid-sized firms ment. The ATP does not fund compa- who aspire to bring companies public, are in fact very successful at ATP com- nies to do product development. ATP to develop private sector jobs. NSF is petitions. Since 1990 ATP has made a funds are indeed to develop high-risk much more university oriented, more total of 352 cost-sharing awards to indi- technology to the point where it is fea- academically oriented. vidual companies or industry-led joint sible for companies to begin product August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7133 development. But they must do that on fornia, Mr. BASS and Mr. ROYCE. It is are making it, all I could think of was their own with their own money, and of my understanding that the gentleman back in about 1480, some 518 years ago, course companies must bear the full re- from California (Mr. ROYCE) is likely to I suspect that in the country of Spain sponsibility for production, marketing, offer a similar amendment later on in there was the leadership of Spain argu- sales and distribution. So the idea that this bill that would cut everything but ing with a rather novice voyager the ATP program is used to subsidize closeout funding for the ATP program. known as Christopher Columbus, argu- entire industries is patently untrue. It Instead, I would urge my colleagues ing the proposition of whether the does not happen that way. to recognize the Advanced Technology world was flat or round. The ATP is fair competition. Those Program for all the work it does ensur- b 1915 competitions are rigorous, fair and ing America’s competitiveness and based entirely on technical and busi- bringing together the many separate Luckily, Mr. Columbus won that ar- ness merit. Small companies compete research efforts constantly being un- gument, both in the persuasion of just as effectively as large companies. dertaken by American industry, uni- being financed for his voyage and es- As I said over and over, more than 50 versities and the Federal Government. tablishing the proposition by virtue of percent of the grants go to small com- Right now in this country, Mr. Chair- his voyage. panies within the ATP program. man, we are fortunate enough to be Then I wonder, in the early 19th cen- The ATP is a partnership. It is not a part of perhaps the most vibrant, ro- tury, in 1830 and 1840 in this country free ride for winning companies. On the bust economy in the world. In this at- when public education was a hot issue average, industry funds more than half mosphere I can understand why some and it was argued whether it was the the total R&D cost for ATP projects. of my colleagues would want to make role of government to guarantee pri- The industry itself funds more than sure that we are not unnecessarily di- mary or secondary education to all the half the total R&D cost for ATP prod- verting Federal resources toward any- students of this country, the propo- ucts, and the ATP program is evalu- thing resembling corporate welfare. sition by the wealthy, the proposition ated. Critical evaluation of the ATP’s But the fact of the matter is, al- by many of the well-intended, was that impact on the economy is an important though American companies are visibly is not a role of government, and we part of the program. in the forefront of developing software should not divert resources of the gov- ATP is not corporate welfare for and computer technologies and a num- ernment for the purposes of private large companies. The ATP is a com- ber of other high-tech innovations, education. petitive, peer-reviewed, cost-shared amazingly, U.S. manufacturers actu- I suspect that if we checked the CON- program with industry. The ATP’s sole ally trail their international competi- GRESSIONAL RECORD of about 1943 or aim is to develop high-risk, potentially tors in developing these technologies. 1944, there was very strong argument high-payoff enabling technologies that This lag in the application of tech- on that very same proposition when otherwise would not be pursued or nology is something we can address the GI Bill of Rights and the payment would be pursued much more slowly be- through a partnership of industry with for college education for the returning cause of technical risks and other ob- the government, and this is something veterans was also argued in this great stacles that discourage private invest- we can do for relatively small sums. Chamber. ment. I urge my colleagues, when they look I would argue and offer as evidence a Because of these reasons, I support at how strong the American economy proposition to my friends: If we would very strongly the ATP program and op- is, let us continue to look for ways to look back to 1946 in the City of Phila- pose this amendment. make it stronger. Economists agree delphia and the great invention of the Mr. BASS. Mr. Chairman, will the that the application and adaptation of first computer, the first computer was gentlewoman yield? technology is a key part of our eco- financed by the United States Govern- The CHAIRMAN. The time of the nomic growth. The ATP program is one ment in its entirety. It was developed gentlewoman from Michigan (Ms. RIV- of the few tools available to us in the at the University of Pennsylvania in ERS) has expired. Congress that can make a difference in Philadelphia in 1946, and Philadelphia (On request of Mr. BASS, and by this area. is not Silicon Valley. As a matter of unanimous consent, Ms. RIVERS was al- While we debate this important issue fact, Pennsylvania is not the computer lowed to proceed for 15 additional sec- our competitors are already convinced center of the world. But, from some of onds.) of the wisdom of assisting technology the reports that I have read, more than Ms. RIVERS. I yield to the gen- application and adaptation. Japan and 23 percent of the employees now work- tleman from New Hampshire. the European Union are each spending ing in the United States would not Mr. BASS. Mr. Chairman, I would not billions a year on their counterparts to have their jobs if it had not have been disagree it is the most competitive cor- the ATP. for the invention of the computer. porate welfare program around, but Mr. Chairman, none of us here would Now, I have heard my friends argue does the gentlewoman from Michigan advocate unilateral disarmament in on the ATP question that it is sub- (Ms. Rivers) believe that ATP funds the face of military threat to the sidization and corporate welfare. Very should not be awarded to companies United States, but ATP is an invest- nicely charged, emotional words. And that say that they would have devel- ment in our economic engine. It is an then I have heard the comment that oped the product anyway, as 42 percent investment in our economic security. there is all that venture capital out of them did say? I urge my colleagues to continue to there. Ms. RIVERS. I think when my col- support the ATP program as a rel- Well, I suggest, one, if you really be- league looks at the real data, that atively modest Federal investment lieve there is all that venture capital what he will find, and I know and I am reaping impressive rewards. This pro- out there, go back and read some of the familiar with the study, and if the gen- gram rightly supports both small busi- record and hearings of the Subcommit- tleman had been at the Committee on ness and the commanding heights of tee on Economic Development of the Science, he would have seen a lot of the American industry. Committee on Banking and Financial problems with that study when we re- I urge my colleagues to support this Services four, five and six years ago, viewed it. bipartisan program initiated under the where the venture capitalists of this Mr. DOYLE. Mr. Chairman, I move to Bush administration and continuing country were called in, the technology strike the requisite number of words. with the support of both Democrats people of this country were called in, (Mr. DOYLE asked and was given and Republicans, and urge a vote and they readily admitted that taking permission to revise and extend his re- against Mr. BASS’ amendment. an idea or a technology from bench marks.) Mr. KANJORSKI. Mr. Chairman, I model to commercialization was the Mr. DOYLE. Mr. Chairman, I rise to move to strike the requisite number of greatest impacting device in America urge my colleagues to vote once again, words. of how to accomplish this. just like last year, to reject the anti- Mr. Chairman, I could not resist this Yes, when you have a proven tech- ATP amendments offered by my col- argument today because as I listened nology that is ready to be commer- leagues from New Hampshire and Cali- to it, and I have some good friends that cialized tomorrow, you can go to Wall H7134 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Street or you can go to the stock mar- genius, but not the capital. They are American people, which guarantees ket and raise your venture capital. But the universities who have the academi- them that they will almost have imme- I venture to say if you have a brilliant cians and the bright students, the diate access to better products at an idea and it is not yet commercialized, Ph.D. candidates who, time after time, affordable price. it is extremely difficult and extremely come up with solutions to help us Cutting the ATP and EDA program frustrating in this country to raise the make this Nation and the world a bet- looks domestic support and domestic funds to develop that to a commercial ter place. These are the recipients of investment in the face and ignores our state. the ATP funds, and I reject the premise responsibilities. What we are talking about here is that this is corporate welfare. Mr. Chairman, I would ask my col- not, as one of the gentleman said, why This is helping those who cannot go leagues to defeat this amendment and do we need corporate welfare in the even to their neighborhood bank or the support the Advanced Technology Pro- strongest economy in the world? Be- large conglomerate bank because they gram. cause the investments we are arguing have an idea, they do not have a mar- Mr. Chairman. I rise to oppose this amend- for today are not for tomorrow, but for ketable entity. These are grants that ment, which increases the funding for law en- 5, 10, and 15 years from now, if we want are not Wall Street-type monies, bil- forcement, offsetting that increase with a to maintain our superiority in tech- lions of dollars, but these are grants to budget cut in the Advanced Technology Pro- nology indeed in the world. And what help people get started. gram (ATP). are we arguing about for more than an The Advanced Technology Program I agree that law enforcement is an important hour? Twenty cents per man, woman has already led to better liquid crystal issue, however, my problem with this amend- and child in this country. That is what displays. I would venture to say that ment is where it takes its money from. The the ATP system allows. most of us would sit down and wonder Advanced Technology Program provides valu- We have heard comments, what does what are liquid crystal displays. Also able services to the entire nation, both directly EDA create, the Economic Develop- more accurate and faster DNA testing and indirectly. Under the terms of this amendment, the ment Administration? Well, I can tell and better sunscreens. These small and funding for ATP would be decreased by $43 you, in my district I can account for at probably not recognizable, except for million dollars. That amount is exactly the least 3,000 to 5,000 jobs through the DNA, of course, scientific advance- amount for new awards for 1999. This pro- Economic Development Administra- ments, came about through the ATP gram has served us well, and is a proven tion, and many of those are grants to program. commodity. It is my firm belief that we ought private small companies that would These improved products are not to be increasing its funding rather than de- only beneficial to our economy because never have been able to become a com- creasing it. petitor in their industry or field with- they produce marketable and success- The Advanced Technology Program has al- out some basic support from the United ful goods, but they also improve our ready led to better Liquid Crystal Displays States Government. overall quality of life. (LCDs), more accurate and faster DNA test- Is it sinful for the government to en- I can tell you, Mr. Chairman, with ing, and better sunscreens. These improved courage inventive people, entre- 101, 102 and 105 degree temperatures in products are not only beneficial to our econ- preneurs, to take new technologies Texas right now, I would venture to omy, because they produce marketable and that create new unimagined wealth and say there is a lot of sunscreen being successful goods, but they also improve our support that in some little way? I used. It may not be the only answer, overall quality of life here in the United States. argue not. but I can tell you it helps us out a lot. Better sunscreens means more people can I think the invention of the computer Better sunscreen means more people enjoy the outdoors without worry, and better proves my adversary is wrong. can enjoy the outdoors. In this in- LCDs mean lighter and better displays on our Ms. JACKSON-LEE of Texas. Mr. stance we can come outdoors with a computers and watches. Chairman, I move to strike the req- little sunscreen. Better LCD’s means I also want to dispel the notion that the Ad- uisite number of words. lighter and better displays on comput- vanced Technology program is corporate wel- Mr. Chairman, in the course of our ers and watches. For those of us need- fare. In fact, more than half of the grants that debate we will always face a series of ing to see a little better these days, are dispersed through the program go to small dilemma. We have faced it with respect that is an advancement. businesses and universities. These institutions to juxtaposing economic development So, Mr. Chairman, I would say we need and deserve our help. Academia and and advanced technology against the need to dispel the notion that advanced small business are indispensable ingredients need for Drug Courts and the need to technology programs are corporate in the foundation of our modern society, and decrease the utilization and the crimi- welfare. In fact, more than half the we must do our part to make sure they retain nal element of drug use. I find that a grants dispersed through the program as prominent a role in our economy as multi- very commendable posture, and cer- go to small businesses and universities. national conglomerates. tainly those who have come to the These institutions need and deserve Almost all of us agree, that our partnership floor to debate that are committed as our help. with the private sector in the area of science well to that mission. Academia and small businesses are has greatly benefitted our economy. If you But I think we have been moving in an indispensable ingredient in the have any doubts, just look to the Technology the wrong direction, and previously we foundation of our modern society, and Transfer Act that was passed just a few weeks discussed eliminating or decreasing the we must do our part to make sure they ago. By cutting the funding for this program funding for the Economic Development retain their position and we retain our we abandon a commitment that we made to Agency, again not recognizing the need position as a prominent leader in sci- the American people, which guaranteed them for domestic infusion of dollars to help entific advancement and as a promi- that they would have almost-immediate access the economy. nent leader in using science to advance to better products at an affordable price. My communities in Houston are dis- our economy. I urge all of my colleagues to vote against tressed in many neighborhoods and One of the issues we discuss readily this amendment, and to assure the American economic development monies are key in the Committee on Science is the Na- public that we stand committed to the well- to their survival and the creation of tion’s position internationally in the being of this Nation. jobs. Now we come to eliminate or to competitive arena of math and science. The CHAIRMAN. The question is on decrease the ATP funding some $43 mil- Math and science go to, as well, our po- the amendment offered by the gen- lion. sition in advancing and discovering tleman from New Hampshire (Mr. Well, Mr. Chairman, I have in my new technology. BASS). hand pages and pages of awards to the The ATP program puts us in a posi- The question was taken; and the State of Texas, some 14, and in refuting tion to encourage those small busi- Chairman announced that the noes ap- my colleague’s presentation about cor- nesses to ensure that we do have the peared to have it. porate welfare, I have tried to look and right kind of funding to advance our Mr. BASS. Mr. Chairman, I demand a find the large conglomerates on this position internationally. By cutting recorded vote, and pending that, I list. Mr. Chairman, I cannot find them. the funding for this program, we aban- make the point of order that a quorum They are the small firms who have the don a commitment that we made to the is not present. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7135 The CHAIRMAN. Pursuant to House and Practitioners, as authorized by section Page 27, line 8, after the amount insert Resolution 508, further proceedings on 224 of the 1990 Act; of which $200,750,000 shall ‘(increased by $36,500,000)’; the amendment offered by the gen- be for Grants to Combat Violence Against Page 28, line 14, after the amount insert ‘(increased by $13,000,000)’ and on line 16 after tleman from New Hampshire (Mr. Women, to States, units of local government, and Indian tribal governments, as authorized the amount insert ‘(increased by $8,000,000)’; BASS) will be postponed. by section 1001(a)(18) of the 1968 Act, includ- Page 29, line 17, after the amount insert The point of no quorum is considered ing $23,000,000 which shall be used exclusively ‘(increased by $12,000,000)’; and withdrawn. for the purpose of strengthening civil legal Page 30, line 3, after the amount insert The Clerk will read. assistance programs for victims of domestic ‘(increased by $35,000,000)’ and on line 4 after The Clerk read as follows: violence: Provided further, That, of these the amount insert ‘(increased by $500,000)’: VIOLENT CRIME REDUCTION PROGRAMS, STATE funds, $5,200,000 shall be provided to the Na- Mr. SCOTT. Mr. Chairman, this AND LOCAL LAW ENFORCEMENT ASSISTANCE tional Institute of Justice for research and amendment would transfer one-half of For assistance (including amounts for ad- evaluation of violence against women, and the funds in the Truth in Sentencing ministrative costs for management and ad- $1,196,000 shall be provided to the Office of Incentives Grant program, approxi- ministration, which amounts shall be trans- the United States Attorney for the District mately $105 million, to crime preven- ferred to and merged with the ‘‘Justice As- of Columbia for domestic violence programs tion, drug treatment and family re- in D.C. Superior Court; of which $39,000,000 sistance’’ account) authorized by the Violent source programs. Crime Control and Law Enforcement Act of shall be for Grants to Encourage Arrest Poli- cies to States, units of local government, Mr. Chairman, there are several rea- 1994 (Public Law 103–322), as amended (‘‘the sons to move funds from the Truth in 1994 Act’’); the Omnibus Crime Control and and Indian tribal governments, as authorized Safe Streets Act of 1968, as amended (‘‘the by section 1001(a)(19) of the 1968 Act; of Sentencing Incentive Grant program to 1968 Act’’); and the Victims of Child Abuse which $25,000,000 shall be for Rural Domestic these other programs, the first of Act of 1990, as amended (‘‘the 1990 Act’’); Violence and Child Abuse Enforcement As- which is that half of the States do not $2,371,400,000, to remain available until ex- sistance Grants, as authorized by section even qualify for the truth in sentencing pended, which shall be derived from the Vio- 40295 of the 1994 Act; of which $5,000,000 shall grants. States like Kentucky and West lent Crime Reduction Trust Fund; of which be for training programs to assist probation Virginia and Massachusetts do not $523,000,000 shall be for Local Law Enforce- and parole officers who work with released even get funds out of this program. ment Block Grants, pursuant to H.R. 728 as sex offenders, as authorized by section Second, Mr. Chairman, the truth in passed by the House of Representatives on 40152(c) of the 1994 Act; of which $1,000,000 shall be for grants for televised testimony, sentencing funds can only be spent for February 14, 1995, except that for purposes of prison construction. At this point, this Act, the Commonwealth of Puerto Rico as authorized by section 1001(a)(7) of the 1968 shall be considered a ‘‘unit of local govern- Act; of which $63,000,000 shall be for grants some of the States that do qualify have ment’’ as well as a ‘‘State’’, for the purposes for residential substance abuse treatment for already overbuilt prison space. For ex- set forth in subparagraphs (A), (B), (D), (F), State prisoners, as authorized by section ample, my own State of Virginia is try- and (I) of section 101(a)(2) of H.R. 728 and for 1001(a)(17) of the 1968 Act; of which $15,000,000 ing to lease out to other States and the establishing crime prevention programs in- shall be for grants to States and units of Federal Government some 3,200 excess volving cooperation between community local government for projects to improve prison beds. There is no reason for us residents and law enforcement personnel in DNA analysis, as authorized by section to spend money to build prison beds in 1001(a)(22) of the 1968 Act; of which $900,000 order to control, detect, or investigate crime States that do not even need them. or the prosecution of criminals: Provided, shall be for the Missing Alzheimer’s Disease Patient Alert Program, as authorized by sec- Third, Mr. Chairman, that we encour- That no funds provided under this heading age States to adopt truth in sentencing may be used as matching funds for any other tion 240001(c) of the 1994 Act; of which Federal grant program: Provided further, $750,000 shall be for Motor Vehicle Theft Pre- systems is of dubious value. The so- That $20,000,000 of this amount shall be for vention Programs, as authorized by section called truth in sentencing scheme is Boys and Girls Clubs in public housing facili- 220002(h) of the 1994 Act; of which $40,000,000 actually the half-truth in sentencing. ties and other areas in cooperation with shall be for Drug Courts, as authorized by Proponents of truth in sentencing tell State and local law enforcement: Provided title V of the 1994 Act; of which $1,500,000 you that no one gets out early. That is further, That funds may also be used to de- shall be for Law Enforcement Family Sup- the half-truth. The whole truth is that port Programs, as authorized by section fray the costs of indemnification insurance no one is held longer either. for law enforcement officers: Provided fur- 1001(a)(21) of the 1968 Act; of which $2,000,000 shall be for public awareness programs ad- Mr. Chairman, when States adopt ther, That for the purpose of distribution of truth in sentencing schemes, the first grants under the Local Law Enforcement dressing marketing scams aimed at senior Block Grant Program in the State of Louisi- citizens, as authorized by section 250005(3) of thing they always do is to reduce the ana, or any other State the Attorney Gen- the 1994 Act; and of which $250,000,000 shall length of sentencing judges have been eral finds as having provisions within its be for Juvenile Accountability Incentive giving under the parole system and constitution similar to those of Louisiana Block Grants, except that such funds shall then direct the defendant serve all of which establish the office of the sheriff in be subject to the same terms and conditions the reduced sentence. such State as an independent elected official as set forth in the provisions under this For example, under a parole system, with its own taxing and spending authority, heading for this program in Public Law 105– if a judge says 10 years, the average de- parish sheriffs shall be eligible to receive a 119, but all references in such provisions to fendant will serve about a third of the direct grant of 50 percent of the funding oth- 1998 shall be deemed to refer instead to 1999: Provided further, That funds made available time, with the lowest risk prisoners erwise provided to the parishes; of which getting out as early as two years. But $45,000,000 shall be for grants to upgrade in fiscal year 1999 under subpart 1 of part E criminal records, as authorized by section of title I of the 1968 Act may be obligated for the worst criminals who cannot make 106(b) of the Brady Handgun Violence Pre- programs to assist States in the litigation parole serve the whole 10 years. vention Act of 1993, as amended, and section processing of death penalty Federal habeas But with truth in sentencing, every- 4(b) of the National Child Protection Act of corpus petitions and for drug testing initia- body gets out at the same time. If the 1993; of which $420,000,000 shall be for the tives: Provided further, That, if a unit of local new sentence is 31⁄3 years, you get 31⁄3 government uses any of the funds made State Criminal Alien Assistance Program, as years, you serve 31⁄3 years. The problem authorized by section 242(j) of the Immigra- available under this title to increase the is that the lowest risk prisoners under tion and Nationality Act, as amended; of number of law enforcement officers, the unit of local government will achieve a net gain that system will serve more time, which $730,500,000 shall be for Violent Of- while the most dangerous criminals fender Incarceration and Truth in Sentenc- in the number of law enforcement officers ing Incentive Grants pursuant to subtitle A who perform nonadministrative public safety who could not make parole and would of title II of the 1994 Act, of which $165,000,000 service. have served all 10 years now get out in shall be available for payments to States for AMENDMENT NO. 9 OFFERED BY MR. SCOTT one-third of the time. incarceration of criminal aliens, of which Mr. SCOTT. Mr. Chairman, I offer an If the State were to double the aver- $25,000,000 shall be available for the Coopera- amendment. age time served, the worst criminals tive Agreement Program, and of which The CHAIRMAN. The Clerk will des- would still get out earlier than they do $15,000,000 shall be reserved by the Attorney under the parole system. In fact, even General for fiscal year 1999 under section ignate the amendment. The text of the amendment is as fol- if the State tripled the average time to 20109(a) of subtitle A of title II of the 1994 be served, the worst criminals would Act; of which $7,000,000 shall be for the Court lows: then serve the same 10 years that they Appointed Special Advocate Program, as au- Amendment No. 9 offered by Mr. SCOTT: thorized by section 218 of the 1990 Act; of Page 28, line 5, insert after the amount would serve under the parole system. which $2,000,000 shall be for Child Abuse ‘(reduced by $105,000,000)’ and insert as fol- The primary difference is that the tax- Training Programs for Judicial Personnel lows: payers would have been bilked out of H7136 CONGRESSIONAL RECORD — HOUSE August 4, 1998 billions of dollars by funding a politi- duce crime or violence in this Nation. If a State wants to take advantage of cian’s campaign slogan that has noth- In fact, the 24 States that are not in those funds, then they can do so, in- ing to do with reduction of crime. compliance show a similar decline in cluding my own State. I would hope Mr. Chairman, States are already violence and crime as those who have that they would. spending tens of billions of dollars on adopted a truth-in-sentencing statu- The gentleman has offered amend- prison construction every year, so this tory scheme. ments the last 3 years that would do $105 million spread about the few It does make common sense. In fact, nothing more than undo that policy. States that actually qualify cannot it might be worthy of consideration The point he is trying to make is that possibly make any difference in the that this particular program over a pe- prisons do not work. I think that is number of prison beds to be built, riod of time be phased out. The gen- what he has said in the past. A lot of us much less have any effect on the crime tleman seeks only to remove one-half, disagree. His attempts have failed be- rate. But if that money is spent on pre- $105 million, from the truth-in-sentenc- fore here because it is recognized that vention and treatment, we can make a ing source for other programs. crime is reduced when violent crimi- significant difference in crime. He has enumerated them in his own nals are locked up and off the streets, For example, Mr. Chairman, the statement: prison drug treatment pro- which this policy does for the Nation. amendment provides for $36.5 million grams, boys and girls clubs, the drug Before Congress passed the violent to go to increasing funds for building court program, child abuse training offenders truth-in-sentencing law, vio- and running Boys and Girls Clubs and programs. These programs, these pro- lent offenders were serving only about public housing and other sites for at- grams would be available to every sin- 43 percent of their sentences. That risk youth. Boys and Girls Clubs have gle State in the Nation. means in 1994 murderers with an aver- been shown through study and research As I indicated, or as the gentleman age sentence of 16 years were released from Virginia indicated, in my home to be a cost effective way of reducing after serving only 71⁄2 years. Rapists crime for at-risk youth. The amend- State, the Commonwealth of Massa- sentenced to 9 years were released after ment also provides $37 million for resi- chusetts has seen a dramatic decline in serving less than 5 years, Mr. Chair- crimes of violence. In fact, the city of dential drug treatment for prisoners man. Boston has been used over and over before they are released, and approxi- When we passed this legislation as again as an example of programs that mately $75 million for Drug Courts. part of this bill in 1995, only 12 States do work in terms of prevention and Both prison drug treatment and Drug were truth-in-sentencing States. Now treatment. Yet, the Commonwealth of Courts have been shown not only to more than half of all States lock up Massachusetts is not in a position to significantly reduce crime, but also to their offenders for at least 85 percent of seek monies and funding because of the save money. their sentences, what the juries in mandates under the truth-in-sentenc- The money for court-appointed spe- those States gave the criminals. ing statute. This program is the only source of cial advocates, child abuse prevention, So it does make sense. It is more fair. training and law enforcement and fam- funding to help States build prisons. If we can divert these monies into pro- With this money States build prisons, ily support will reduce family violence grams that have been proven to work, and child abuse, which have been jails, juvenile facilities. They have de- every State in the Nation will benefit. veloped tougher sentencing policies, shown to reduce future crime. Mr. Chairman, I urge my colleagues to policies that assure offenders serve at b vote yes for the Scott amendment. 1930 least 85 percent of the jury-imposed Mr. ROGERS. Mr. Chairman, I move We can all agree that assisting fami- sentences. They deserve the support of to strike the requisite number of lies of law enforcement officers who Congress to ensure that adequate bed have died in the cause of duty is an ap- words. Mr. Chairman, I rise in opposition to space is available to maintain those propriate thing to do. the gentleman’s amendment because it policies. Mr. Chairman, I ask my colleagues to basically takes $105 million from the While the gentleman’s amendment support this amendment, reduce crime, State prison grant program. Regardless would increase funding for other im- and save money. of where the money would go, that is portant crime programs, the bill al- Mr. DELAHUNT. I move to strike the the thrust of this amendment. That ready provides substantial increases requisite number of words, Mr. Chair- would cut the resources that we have for those programs. For example, we man. provided in this Congress to build and already provide a $9 million increase Mr. Chairman, I rise to support the expand much needed prison space. for Violence Against Women Act pro- gentleman’s amendment because it Show me one State in the Nation, I grams, $9 million more than the Presi- makes sense. I think a little history is say to the gentleman, that is not over- dent asked us to spend. We provide $63 in order here. The so-called truth-in- crowded in their prison space, and I million for the State prison drug treat- sentencing grants, the statute author- want to look at it very carefully. Even ment program. We already provide $40 izing these grants was enacted back in the Federal prison space is over- million for drug courts, a $10 million 1994. crowded. increase over the current fiscal year. From then until now, a GAO study Mr. SCOTT. Mr. Chairman, will the We added another $3 million earlier reports that only four States changed gentleman yield? today, for a 43 percent increase in the their statutory practices to comply Mr. ROGERS. I yield to the gen- funding for drug courts, which all of us with these grants, only four States. In tleman from Virginia. agree are good things. 4 years, there have been some 27 States Mr. SCOTT. Mr. Chairman, I could The gentleman’s amendment would that could in fact file an application to ask two questions. One, I would ask, also earmark an additional $56.5 mil- secure these grants, but it was clear does the gentleman know Virginia is lion in funds from the local law en- that it was not the truth-in-sentencing renting out space to other States be- forcement block grants for Boys and authorizing legislation that encour- cause we have 3,000 beds we do not Girls Clubs, for which the bill already aged those States to do it, they decided need? provides a $20 million boost. This to do it on their own, as they should. The other question is, could the gen- would take away much needed funds It has also become clear that the 24 tleman tell me why Kentucky did not for locally driven crime priorities, such other States that do not qualify under get any money at all from there? as law enforcement personnel, over- the truth-in-sentencing grants have no Mr. ROGERS. Reclaiming my time, time pay for police, technology for po- intention to change their current stat- Mr. Chairman, and the gentleman will lice, equipment for police, safety meas- utory practices to qualify for these have his time, the gentleman’s amend- ures in schools, and drug courts. grants. ment is an attack on a very important Crime is down across the country be- By the way, as the gentleman from crime policy that passed this Congress, cause we have provided a full arsenal of Virginia alluded to, there is absolutely the policy that requires persons who anticrime measures: more police with no evidence that the monies that have commit crimes to be held accountable the tools and equipment they need, already been expended through these by serving prison time that fits the more prison space to make sure that grants in any way, shape, or form re- crime. criminals are held accountable for August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7137 their crimes and are not rearrested by the violent crime crisis in this country, Mr. DELAHUNT. Mr. Chairman, will these police after they are released pre- about 4 years ago, when we kind of the gentleman yield? maturely, and quality prevention pro- peaked out before we had these truth- Mr. MCCOLLUM. I yield to the gen- grams designed to reduce risks, after in-sentencing grants for building more tleman from Massachusetts. their release. prisons and encouraging States to Mr. DELAHUNT. Mr. Chairman, I We cannot afford to lose the ground come aboard the 85 percent rule, we thank the gentleman for yielding to we have gained. Last year, Mr. Chair- had about 685 violent crimes for every me. I just want to bring to his atten- man, 291 Members, Republicans and 100,000 people in our population. tion a study that was commissioned by Democrats, voted to support the prison We have improved that number a lit- the GAO back in February of 1998, this grant program and defeated the gentle- tle. The crime rate has gone down year. man’s amendment, which would have slightly, only marginally. The last The CHAIRMAN. The time of the gutted the program. I urge the House time it was 634 violent crimes for every gentleman from Florida (Mr. again to defeat this amendment. 100,000 people in our population. Even MCCOLLUM) has expired. Mr. MCCOLLUM. Mr. Chairman, I after the slight reduction in violent (By unanimous consent, Mr. McCol- move to strike the requisite number of crime in this country, it is four times lum was allowed to proceed for 2 addi- words. more likely, when we go to a 7–11 at tional minutes.) Mr. Chairman, I rise in opposition to night to buy a carton of milk, that we Mr. DELAHUNT. Mr. Chairman, if this amendment. I feel very strongly are going to be raped, robbed, mugged, the gentleman will continue to yield, it that we have an established pattern murdered, or something is going to states, and I am quoting, The truth in that is working relatively effectively, happen in the way of a violent crime. sentencing grants were a key factor in four States, in four States. as the chairman has just said, with re- That is totally unacceptable. We Mr. MCCOLLUM. Reclaiming my spect to what the Federal govern- need to do everything we can to en- time, Mr. Chairman, I do not know ment’s role is in attempting to assist courage the States, where most of this crime is committed, under State law, anything about that study. I do not be- the States to reduce an enormously big lieve that that is true. I believe we violent crime problem that has faced to require prisoners to serve at least 85 percent of their sentences. passed this law in 1995. I know there this Nation for some time. were 12 States at the time we passed The amendment of the gentleman That is not all that we have involved in this. Statistics show that 40 percent that law that had truth in sentencing, from Virginia (Mr. SCOTT) would take the 85 percent rule. There are now 28 away a great deal of the incentive pro- of the persons on death row in 1992 were on probation, parole, or pretrial States, I have just confirmed in check- gram that we have established in order ing, who have gone to that. to provide the resources for the States release when they committed their murders. Those statistics have not I would believe, from all the evidence to accomplish this. I know about as the chairman of the The truth-in-sentencing grant pro- changed much since then, unfortu- nately. Imprisonment is used much less Subcommittee on Crime, from talking gram that was adopted in 1995 has been to State legislators around the coun- very successful. It has provided a than other methods. On any given day, seven offenders are on the street for try, from talking to governors around change in the way the States behave this country, that the incentive grants with respect to certain aspects of how every three that are behind bars. I find that a remarkable and awful statistic program in this truth in sentencing they sentence and how long people had a lot to do with decisions in all of serve those sentences. Unfortunately, to think about. We are not now talking about people out on the street not get- those States. Tell me who did the not enough States have adopted this study and I will be glad to research program that we have suggested, so ting any sentence, we are talking about those who get sentences, any their study. far. Mr. DELAHUNT. Mr. Chairman, I can We started out, as the gentleman sentence, not serving all they should be serving. bring this to the attention of the gen- from Kentucky (Mr. ROGERS) said, in I am for boys and girls clubs. I think tleman, because it is a report to con- 1994 with only 12 States requiring pris- they are doing a terrific job in our cit- gressional requesters. There were 7, 8 oners to serve at least 85 percent of ies. I am for the drug courts. All of us members of the Committee on the Ju- their sentences. We now have more are. But to take money away from the diciary. than half the States who are on that incentive grant program in this bill to Mr. MCCOLLUM. Mr. Chairman, who program, who have laws that require encourage States to go to truth-in-sen- is the report authored by? that, at least in part. I think in large tencing, to encourage States to change Mr. DELAHUNT. The report is a GAO part those States that went through their laws to require prisoners to serve report. It is dated February 1998. It is this procedure did it because they ei- at least 85 percent of their sentences, described as truth in sentencing. ther knew or were interested in getting violent prisoners, is wrong. Mr. MCCOLLUM. Reclaiming my the prison grant monies that were We need to keep what we have in this time, Mr. Chairman, I will be very glad under this bill. bill. We need to proceed to use the to look at that. I am glad to know that We need the other States to come money that is available to encourage GAO thinks that. I think they are into compliance, because the average the States to do what they have not wrong. I believe that our studies in the length of sentencing at the time we done, in those States that have not. We Subcommittee on Crime would say started this process being served in need to have the President of the they are wrong. I have never seen that this country was about 33 percent; that United States and our other leaders report before, never heard of that re- is, the amount of time they served for lead a charge at the National Gov- port. It does not make one wit of dif- what they were given, it is now up to ernors Conference and in the legisla- ference, because we need to provide somewhere around 38 to 40 percent, but tive halls of these States that have not such money out there to get them to it is still a very significant number in complied to change their laws. do the job. the sense that it is on the low side. This money in this bill could encour- I would seriously contest the validity We need every single prisoner in this age that to happen, and I would suggest of any study that shows that. This country to get a message. If we are it is not going to happen without this amendment should be defeated, if we going to have deterrence, we need that money, because if the States cannot are going to get the 85 percent rule prisoner or that felon who is convicted house these prisoners, they are not adopted in the other remaining States, of these violent crimes to know they going to be willing to change their the remaining ones other than the 28 are going to serve the full measure, or laws. If we do not change them and this that have done it. I urge in the strong- as much of it as is responsible, of their does not happen, we are going to con- est of terms that the Scott amendment sentence; at least 85 percent, in every tinue to have an unacceptably high be defeated. single case, especially violent crimi- violent crime rate in this country. Mr. FRANK of Massachusetts. Mr. nals. Chairman, I move to strike the req- In 1960 we had approximately 160 vio- b 1945 uisite number of words, and I yield to lent crimes for every 100,000 people in To the degree that that is there, it the gentleman from Massachusetts our population, in 1960. At the height of needs very badly to be continued. (Mr. DELAHUNT). H7138 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Mr. DELAHUNT. Mr. Chairman, I he would still probably be in jail on the has gone down in all of these States thank the gentleman for yielding to first offense and certainly in jail on the where none of these grants have been me. second offense. That is why I call it given to anybody. It has got nothing to Again, I just want to report that this half truth in sentencing, because the do with truth in sentencing grants is a GAO study. The requesters were half truth is that nobody gets out being given to the States. Most of the members of the Committee on the Ju- early, but the whole truth is that you States, including the chairman of the diciary, including members of the Sub- cannot hold people longer. Committee on Appropriations, whose committee on Crime, and it states that This scheme also has another little bill this is, do not even get money according to their research, truth in effect. That is that those who are in under this grant program because they sentencing grants were a key factor in prison have no longer any incentive in do not qualify. And they are not going four States. getting the education, the job training to change their laws, because they are The gentleman is right. There were that actually makes a difference in re- closer to the people and they have de- 12 States prior to the enactment of the cidivism rates. They know the day cided that the truth in sentencing truth in sentencing incentive program they get in, they know when they are scheme that we would appropriate from back in 1994 that were in compliance. going to get out so they do not have to the Federal Government is not going to But my point is specifically this, those get any education or job training. work in their States, just like the States that are not in compliance now When truth in sentencing and abol- study that Virginia did that the gen- show clearly that a decline in crime, in ishing parole was studied in Virginia, tleman from Virginia (Mr. SCOTT) has violence is commensurate with those they found that spending $200 million alluded to. States that have received grants, that per congressional district and $100 mil- So why are we doing this program? the bottom line, common sense dic- lion per congressional district per year Because we want to stand up and beat tates that this particular program has running the prisons would not make a our chests that truth in sentencing done nothing whatsoever to reduce vio- statistically significant difference in somehow is doing something that the lent crime in this country. the crime rate. That is what their GAO study says it is not doing, that The States know what they are study showed, not a statistically sig- the Attorney General of California has doing. The Commonwealth of Massa- nificant difference. said it would not do, that everybody we That is why the amendment is to chusetts, as the gentleman knows, has heard who came to testify at those take the money out of that program an outstanding record in the reduction hearings all across America told them and put it into some programs that of crime and violence, and they are not were not going to work. will actually reduce crime. in compliance. Let the States do what Yet this is something that the chair- Mr. FRANK of Massachusetts. Mr. they know best, not the Federal Gov- man of our subcommittee, the Sub- Chairman, I am glad I got that off my ernment, not bureaucrats in Washing- chest. committee on Crime, has decided that ton. They know how to deal with the Mr. WATT of North Carolina. Mr. he wants the Federal Government to issue of violent crime. Chairman, I move to strike the req- impose on States. Contrary to all Fed- Mr. FRANK of Massachusetts. Mr. uisite number of words. eralism principles, we have no role at Chairman, I yield to the gentleman Mr. Chairman, I have to say that the Federal Government telling States from Virginia (Mr. SCOTT). after listening to this debate, my col- how they ought to be sentencing. They Mr. SCOTT. Mr. Chairman, I would league from Florida, the chairman of are the legislators that are closest to like to respond to a couple of things the Subcommittee on Crime of the the people. that the gentleman from Kentucky Committee on the Judiciary, is just as That is what we keep hearing from mentioned. much in denial on the floor of the my colleagues who say that they be- First of all, the amendment is drawn House as he is in the committee. lieve in States rights but, over and so that the money will come out of the The truth of the matter is that these over and over again, continue to con- truth in sentencing grant. It is a little truth in sentencing grants simply do firm that they do not really believe in complicated because of the way the not work for the purpose that he be- it. They just want to give lip service to truth in sentencing grant has been lieves they do. We went 2, 3 years ago, it. combined with others, but the amount I was part of the Subcommittee on This is all about the Federal Govern- of money, the legislative intent is to Crime at that time, went with the ment trying to tell States how they take it out of the truth in sentencing chairman of the subcommittee to the ought to be sentencing prisoners, when grant. various States. And every place we State legislators know as much or The gentleman from Kentucky also went law enforcement people, includ- more about this issue than we do here indicated that we have suggested that ing the folks that he said would say at the Federal level. prisons do not work. What we have differently, that he invited, told the This program is not working. We said, Mr. Chairman, is that a scheme chairman of our Subcommittee on ought to take all of the money and that increases the time for the lowest Crime that this was not a good idea. It transfer it into other programs, other risk prisoners and decreases the time was not a good idea, including the At- than the money that has already been for the highest risk prisoners is not the torney General of California. I was spoken for and applied for. That is effective use of prison space. there at the hearing when he told him what we ought to be doing with this. I think it is appropriate now to give that. This was not a good idea. This is The proposal of the gentleman from an example of what happens when you a Republican Attorney General who is Virginia (Mr. SCOTT) is a modest pro- do these truth in sentencing schemes. running for governor of California. He posal, because he is proposing to take As the gentleman whose name is na- told him this was not a good idea. just a little part of it. And that part is tionally known, Richard Allen Davis, Yet we passed the bill. And now the not being used and it will not be used, who was in jail on a serious crime, he GAO has told him that it is making no because States have decided that this was given six months to life. He was impact, minimal impact. Four States is a terrible idea, has no impact on denied practice parole, denied parole, consider this a factor in whether they crime and that they would make their denied parole, until a California crack- pass truth in sentencing laws. And he own decisions about what makes sense down on crime abolished parole and re- is back here on the floor saying we still out in the world, not allow the Federal sentenced everybody. He got 7.2 years. ought to do this. Government to tell them what makes Turned out he had already served it. He We are wasting taxpayers money sense. was out. He got caught again on a seri- doing something that if we converted it Mr. GUTKNECHT. Mr. Chairman, I ous offense. You get 8 years, you serve to prevention programs, as the gen- move to strike the requisite number of 8 years. They could not hold him tleman from Virginia (Mr. SCOTT) has words, and I yield to the gentleman longer than 8 years and had to let him suggested we do in this amendment, from Florida (Mr. MCCOLLUM). out. Then he kidnapped and murdered would be having some impact on the Mr. McCOLLUM. Mr. Chairman, I Polly Klaas. crime rate. just want to respond a little bit to the If there had been a parole system He would like for us to take credit gentleman from North Carolina (Mr. where they could have held him longer, for the reduction in crime, but crime WATT). August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7139 I have a great deal of respect for the gress on the floor of this House for sev- do both. It is not good to have half a gentleman from North Carolina (Mr. eral years in a row, I am quite con- loaf. We have to have a full loaf. So to- WATT) and for the gentleman from Vir- fident that State legislators began to night I would encourage my colleagues ginia (Mr. SCOTT), the author of this get the word. again to defeat the Scott amendment. amendment. But my recollection of the And I want you to know, I hope we It is a bad amendment. It destroys a visits that we made, looking at the ju- both remember this, that Attorney good program that does work. We will venile crime problem and the juvenile General Dan Lundgren came to testify continue to reexamine that program, justice system around the country to- here in Congress as the Attorney Gen- as others. gether, is quite different from that of eral of the State of California in favor I thank the gentleman from Min- the gentleman from North Carolina of the truth in sentencing grant pro- nesota very much for yielding me the (Mr. WATT). gram that we have here and that we time to respond and maybe to make a We discussed the problems that we are funding tonight. Not only that, but few points with respect to this, and I have today of a lack of accountability. it was Dan Lundgren who authored, strongly urge the defeat of the Scott We listened to many hours, through 6 back in the 1980s, when he was in Con- amendment. or 7 different State meetings, regional gress in this body, who authored the Ms. JACKSON-LEE of Texas. Mr. meetings actually, where we got most provision that put the amount of time Chairman, I move to strike the req- of the law enforcement officials and that has to be served by a Federal pris- uisite number of words. probation officers and judges and all oner who commits a crime at 85 per- Mr. Chairman, I ask this body to give kinds of folks to come to tell us what cent that started this whole process the Scott amendment a chance, and we could do about the juvenile crime rolling in the first place. the reason why I say that is because there can be many interpretations to problem and repairing a broken juve- b 2000 nile system. all that we have seen and all that we And we have adopted in this House So I am quite confident that Attor- have heard. H.R. 3, back in the last year of this ney General Lundgren fully supports I appreciate the gentleman from Congress, the first year, and it has truth in sentencing, fully supports Florida (Mr. MCCOLLUM), who I work been funded, the program, the grant what we are doing and have done up to with on the Committee on the Judici- program, by the gentleman from Ken- this point with respect to trying to ary and the Subcommittee on Crime, tucky (Mr. ROGERS) and this commit- provide incentives to the States to stop and I joined him on many of those tee now twice, although the Senate has the revolving door, to make those who hearings around the country. Maybe I yet to adopt that program, to provide commit violent crimes, murderers and heard something different but, Mr. block grants to the States in order to rapists and robbers, serve the full Chairman, what I did hear is I heard improve their juvenile justice system, measure of their sentences, because he that there is a great need for interven- to provide more probation officers, to understands that by getting them off tion and prevention. provide more juvenile judges, to pro- the streets, locking them up and Now, this does not go in the face of vide more juvenile prosecutors, to pro- throwing away the keys, we can stop a locking up those who have done hei- vide more juvenile detention facilities, great deal of crime in this country. nous crimes. This is not against the with a carrot in there that said, you And that has an awful lot to do with idea of violent criminals being incar- cannot get this money unless you first the violent crime reduction rate that is cerated. But let me answer the gen- start by taking the very first juvenile going on. tleman from Florida and say that my offender, when they have committed a Now, we may have some other good State is one which is not qualified. It very minor misdemeanor act, such as programs in States that do not have happens to be a State that has built spray painting graffiti on a warehouse truth in sentencing laws, and in New and built and built prisons. In fact, we wall or running over a parking meter, York City and some other places there have built so many prisons that we are and giving them some kind of punish- are other factors involved in reducing in the business of renting prison cells. ment, not necessarily detention time crime, a lot of crime that is not nec- And yet we are still seeing crime but community service or whatever. essarily violent crime, and we do not being perpetrated, and perpetrators States are beginning to pay attention pretend tonight to say the total solu- upon perpetrators repeating these hei- to this. tion is truth in sentencing, but it has a nous acts to a certain extent, because I would like to believe that this large measure to do with it and it is maybe there is a reason where we can- grant program will work, but that is a something the public really wants us not hold people when they need to be separate, entirely separate matter to continue. held. And the truth in sentencing re- from the question of these truth in sen- And those other States, those other sponds, unfortunately, to that in the tencing grants which were created 22 States that have not yet adopted wrong way. So that when someone’s some time ago. truth in sentencing, need to get with time is over, it is over, and those vio- The process began actually when it. They need to require violent crimi- lent criminals cannot be held. your party had the majority, but it was nals, repeat felons to serve at least 85 So we seem to be chasing our tails, a Republican incentive. It was a Repub- percent of their sentences, to get them saying in one instance, do not take the lican idea. Fortunately, we were able off the streets, to lock them up, to money out of this because it keeps the to modify it in 1995 and get these make them serve their full sentences, violent criminals incarcerated. I say it grants really going. I believe, because and hopefully they will never let them does not. And do my colleagues know of the debate over the fact that we out again. what else it does? It helps to promote have had so much happening with this And then we should be dealing with a situation where a young man whose revolving door for violent criminals, the juveniles at the early stages, where case was presented on television the we are not talking now about juveniles the gentleman and I went around the other evening, who got himself a little committing misdemeanors, we are country and talked about the problems inebriated and had a spat with his talking about murderers, rapists, kids are going through with parents girlfriend and another young man, with armed robbers, violent criminals, going who are not paying enough attention, a clean record, a good family, he hap- through the revolving door, serving who are truants and delinquents and pened to barge into the girlfriend’s only a fraction of their sentences. get into trouble very early on with the apartment and punch the other fellow. Many murderers serving only 7 or 8 law but never go before a judge, often; The other fellow did not die, he was not years, many others getting out with a in some cities are never taken in by hospitalized, but the young man was third or less of their sentences being the police because the juvenile justice charged with breaking and entering served and going out and committing system is overworked and it is broken and assaulting. He has 25 years in pris- crime after crime again and again and in those communities, and we need to on, and we are holding him under truth again, being the majority of the violent do these other things. in sentencing. I imagine that State can criminals in that category. But the answer to those parts of this apply for these monies, and yet he is We had a lot of debate over that. As problem does not require giving up this not the kind of violent criminal who a result of that debate here in this Con- part. We have to do it all. We have to cannot be rehabilitated. H7140 CONGRESSIONAL RECORD — HOUSE August 4, 1998 The Scott amendment does things Mr. DELAHUNT. Mr. Chairman, will for Weed and Seed, to implement ‘‘Weed and that I think are important. It puts the gentlewoman continue to yield? Seed’’ program activities, $33,500,000 to re- money in the prison drug treatment Ms. JACKSON-LEE of Texas. I yield main available until expended, for intergov- programs. We already know that drugs to the gentleman from Massachusetts. ernmental agreements, including grants, co- Mr. DELAHUNT. Mr. Chairman, as I operative agreements, and contracts, with are a devastation upon this society and State and local law enforcement agencies en- these communities. And we also know was saying, every single inmate that gaged in the investigation and prosecution of that many of those who are addicted to was incarcerated for first degree mur- violent crimes and drug offenses in ‘‘Weed drugs are incarcerated and are never der is still serving that time. It has and Seed’’ designated communities, and for rehabilitated, and they come right nothing to do with this particular either reimbursements or transfers to appro- back out and join the cycle of either amendment. priation accounts of the Department of Jus- selling or possessing and using. At the same time I hear the gen- tice and other Federal agencies which shall be specified by the Attorney General to exe- The drug courts, which just a minute tleman from Florida telling or in- structing or exhorting 22 States to get cute the ‘‘Weed and Seed’’ program strategy: ago we were talking about funding it or Provided, That funds designated by Congress adding more dollars. Boys and Girls with it. Well, I would suggest to the through language for other Department of Club, which is a well-known institution gentleman that the reality is that Justice appropriation accounts for ‘‘Weed that goes into the very inner workings those 22 States would show a decline in and Seed’’ program activities shall be man- of rural and urban America and takes the reduction of violence as significant aged and executed by the Attorney General those children who are left out and put as those that are in compliance. through the Executive Office for Weed and The bottom line, and I know the gen- Seed: Provided further, That the Attorney out. The Court Appointed Special Ad- General may direct the use of other Depart- vocates, who help to nurture those tleman shares this concern, and this is his purpose, is to see crime and vio- ment of Justice funds and personnel in sup- children who are coming into the port of ‘‘Weed and Seed’’ program activities courtroom and provide some assistance lence reduced in America. But if the only after the Attorney General notifies the if they are involved in a crime or if program is not working, it makes sense Committees on Appropriations of the House they are victims of a crime. The Child to take another look at it. of Representatives and the Senate in accord- Abuse Training programs. How many Ms. JACKSON-LEE of Texas. Re- ance with section 605 of this Act. times have we heard people rise to claiming my time, Mr. Chairman, and I AMENDMENT OFFERED BY MR. GUTKNECHT make points that those perpetrators of thank the gentleman, I think the ulti- Mr. GUTKNECHT. Mr. Chairman, I crimes have been victims of child mate question has to be do we stand on offer an amendment. abuse? How many times have we heard behalf of prevention and intervention, The Clerk read as follows: that I was a victim of child abuse? And which the Scott amendment allows us Amendment offered by Mr. GUTKNECHT: Page 31, line 5, after the dollar amount, in- then the Law Enforcement Family to do, or do we follow the same path which has not shown a decided impact sert ‘‘(increased by $6,000,000)’’. Support Program. These are the kinds Page 47 line 11, after the dollar amount, in- of intervention measures that can pro- of what we would like it to do? sert ‘‘(reduced by $6,000,000)’’. The CHAIRMAN. The time of the vide the real prevention, what we are Mr. GUTKNECHT. Mr. Chairman, gentlewoman from Texas (Ms. JACK- all trying to do. this is a relatively simple amendment. Finally, Mr. Chairman, let me say SON-LEE) has again expired. (On request of Mr. SCOTT, and by We simply limit the funding for Public this. We have all heard about these unanimous consent, Ms. JACKSON-LEE Telecommunications Facilities Pro- numbers, that crime is going down. was allowed to proceed for 1 additional gram to what the President originally Well, if we read some of the recent ar- minute.) requested, $15 million, and use the ad- ticles coming out, we find out that Mr. SCOTT. Mr. Chairman, will the ditional $6 million to support the Weed these statistics may be skewed. There gentlewoman yield? and Seed Program, a comprehensive has been such a heavy pressure on local Ms. JACKSON-LEE of Texas. I yield crime fighting and neighborhood revi- law enforcement officials, chiefs of po- to the gentleman from Virginia. talization program. lice and sheriffs, that we do not know Mr. SCOTT. Mr. Chairman, I would Mr. Chairman, the story I am about if these numbers are accurate. It may just like to point out one thing, that to tell, if it were not published in sev- not be going down anyhow. And the we should not confuse percentage of eral newspapers, I would have a dif- number of incarceration units may not time with length of time. Someone who ficult time believing myself, but it in- have been having a real impact on gets the 5 years and serves 100 percent volves public broadcasting and what bringing down the crime. of the 5 years, serves 5 years. Someone has happened over the last several It may be that we have to stop and that gets 100 years and serves 50 per- years. And as Members will recall, smell the roses. Give the Scott amend- cent of that time would serve 50 years. after the 1994 elections many of us ment a chance. Give the idea of preven- That 50 years is not long enough to came in and said it is time to wean tion a real chance. qualify under truth in sentencing be- public broadcasting from taxpayer dol- Mr. DELAHUNT. Mr. Chairman, will cause it is not 85 percent of the time. lars. the gentlewoman yield? So we should not confuse the fact And at that time I remember we had Ms. JACKSON-LEE of Texas. I yield that some may be serving 100 percent some of the people from public broad- to the gentleman from Massachusetts, of a much shorter sentence than one- casting came to my office and we had because this is an important position third or one-half of a much longer sen- some lengthy discussions about the which we should take. tence. I just think there should not be value of public broadcasting as well as Mr. DELAHUNT. Mr. Chairman, I that confusion. the costs, and what ultimately were thank the gentlewoman from Texas for The CHAIRMAN. The question is on being paid in terms of salaries to some yielding to me. the amendment offered by the gen- of the executives at NPR and other I do not know what States the chair tleman from Virginia (Mr. SCOTT). public broadcasting entities. I remem- of the subcommittee is referring to The question was taken; and the ber at the time I was told that all of when he talks about murderers being Chairman announced that the noes ap- these reports that the salaries and the held for 7 or 8 years, and rapists and peared to have it. compensation were exorbitant were muggers out on the street. I served as Mr. MOLLOHAN. Mr. Chairman, I de- way overblown, and that these people district attorney, as the gentleman mand a recorded vote. were being paid less than they would be knows, in the metropolitan area in The CHAIRMAN. Pursuant to House paid at broadcasting facilities of simi- Boston. Every single individual who Resolution 508, further proceedings on lar size in the private sector. was sentenced and incarcerated for the amendment offered by the gen- We all believed that that was true. first degree murder is still serving. tleman from Virginia (Mr. SCOTT) will Then the facts began to come out, and The CHAIRMAN. The time of the be postponed. let me give my colleagues some exam- gentlewoman from Texas (Ms. JACK- The Clerk will read. ples. SON-LEE) has expired. The Clerk read as follows: What has really happened in public (By unanimous consent, Ms. JACK- WEED AND SEED PROGRAM FUND broadcasting, particularly back in Min- SON-LEE was allowed to proceed for 1 For necessary expenses, including salaries nesota, is they have found very cre- additional minute.) and related expenses of the Executive Office ative ways to take a nonprofit agency, August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7141 spin off for-profit companies, and then of high crime, drugs, all the problems Public Broadcasting. We do not fund take some of those profits from that we see in our inner cities, and we at- the Public Broadcasting System. None company, not so much just to help the tack it with a twofold approach: of that is in this bill. broadcasting cause but to help them- b 2015 What this bill covers is funding for selves. your home State towers, for facilities For example, in 1995 one of the spin- First of all, aggressively fighting the locally, and not the national program- offs of NPR, a company called crime, the drug sales and trafficking ming here in Washington that has been Greenspring, had total sales of $135 that goes on in the inner cities; and described. So this bill does none of million. Now, it was then that there then, secondly, using some of the funds that. What we do provide in the bill is were published reports that while the as grants to encourage more economic funding for your State public broad- executive director, the president, was development. casting facilities, towers, equipment, being paid $67,000, it was estimated his I think this is a good amendment. It that type of thing, on a grant basis total compensation package was some- is a fair amendment. through the MTIA program. where between $200,000 and $500,000. Mr. MOLLOHAN. Mr. Chairman, I The bill provides a total of $40 mil- Well, they denied that and said it was rise in opposition to the gentleman’s lion for the Weed and Seed Program in not true. But later, when the facts amendment to cut funding for the Pub- the Justice Department, which is a $6.5 came out, it was learned that in 1995 lic Communications Facilities Pro- million increase over the current level the total compensation for the gen- gram, PTFP. and the full amount that was re- tleman in question was $291,000. This is not so much an increase in quested, and at the same time the bill Now, the story gets better. In 1996, it Weed and Seed, again which we think freezes the MTIA’s Public Tele- is estimated that the total compensa- is an excellent program and well-fund- communications Facilities Program, tion was $526,000. In fact, we subse- ed, as it is a slap and a cut at PTFP. PTFP. We freeze that level at the 1998 quently learned, according to a copy- The Public Telecommunications and spending level. righted story in a Star Tribune news- Facilities Program is extremely impor- This amendment, I think mistakenly, paper in Minneapolis, that the total tant and the bill provides $21 million would cut PTFP by 29 percent below compensation was $75,000 from the Pub- for it, the same funding level as pro- the freeze level. And, as I say again, it lic Broadcasting Corporation but he vided in fiscal year 1998. would not touch PBS or the Corpora- had an additional $451,000, to give him It is important to note $21 million is tion for Public Broadcasting because a grand total compensation of $526,945. considerably less than is actually need- we have no money in this bill. That is Now, I do not argue that executives ed. In fact, America’s public television in another bill. should be well paid, and that is not my stations are requesting $56.25 million in While I certainly support the Weed purpose here. But let me take this one fiscal year 1999 for PTFP. This is year and Seed Program, we have provided step further. Another group they spun one in a four-year request totaling $225 very healthy increases for Weed and off as an umbrella corporation from million. Seed in the bill already, Mr. Chairman. NPR was a group called the Riverfront Now, this significant investment At the same time, the PTFP program Trading Company. Now, in 1998, the would be used to help our public radio has been frozen due to our budget pri- spring of 1998, it was sold off to the and TV stations convert to a digital orities, despite the fact that the need Dayton Hudson Corporation. As a re- system, something the FCC is requir- for the program has grown as public sult of that spin-off, not only was the ing them to do by May of 2003 and television and radio are struggling fi- president of NPR paid, with salary and which they are going to be extremely nancially to try now to convert to the bonuses from Greenspring, somewhere hard-pressed to do unless they have new digital telecommunications envi- in the area of $500,000, he was also paid this funding. It is evident that indeed ronment that will be with us in a mat- an additional bonus of $2.6 million. additional funds above and beyond the ter of months. That was the bonus on top of his an- $21 million provided in this bill are In addition, I might note that be- nual compensation. necessary to begin this costly transi- cause of our budget constraints over Now, I am not here to just bash this tion process. the last 3 years, total funding for the particular individual, but the numbers Many will have to build new towers, PTFP program has been decreased by are a matter of public record now. The extremely expensive to do, at a cost of 28 percent, and this amendment would president was paid a total compensa- $1 million to $3 million each. These sta- cut it another 29 percent. tion in 1996 of $526,495, the vice presi- tions simply do not have the resources, So I think the gentleman perhaps is dent was paid $270,000, and another per- many of them, to make that kind of in- misguided in his amendment, and I son who works for him was paid vestment. Others will have to modify would encourage him to take on the $529,000. their towers and antennas to accommo- PBS and the CPB in whatever bill he The point of all of this is that we date the height and strength necessary would like, but this one does not have have lost the battle about completely to support new or additional antennas any funds in it for those two systems. cutting the umbilical cord of public necessary for this new digital system. All as we have, as I say, is money for broadcasting, but the President came In conclusion, Mr. Chairman, PTFP our State and local public broadcasting in this year and asked for $15 million is an extraordinarily beneficial pro- facilities, not salaries or anything else. for the Public Telecommunications Fa- gram. We must fund it at a level which So I urge defeat of the amendment. cilities Program, and in this appropria- allows our public radio and TV stations Mr. MCCOLLUM. Mr. Chairman, I tion bill we have awarded them $21 mil- to convert to digital. Cutting the pro- move to strike the last word. lion. We believe we should at least go gram at this time is an extremely bad I want to comment on this case back to the original request. idea. If anything, we should be provid- about the Weed and Seed Program. I We have found that people in public ing additional funds, additional re- think it is an extraordinarily good pro- broadcasting can be extremely creative sources. gram. It was created back in the Bush in terms of ways that they can turn a To that end, Mr. Chairman, I intend Administration, one that Attorney dollar, especially if some of those dol- to support the amendment of the gen- General Barr was very active in pursu- lars can return to them. I am in favor tleman from New York (Mr. ENGEL), ing, one which on the ‘‘Seed’’ part of it of some form of bonuses. I think these which will be offered later, I hope, has had a little bit more attention seem to be a bit steep. But frankly, we which will increase funding, and cer- than the ‘‘Weed’’ part in recent years can take that additional $6 million and tainly urge my colleagues to vote in the Clinton Administration, but put it into a program which has shown against this ill-advised amendment. nonetheless a good program. that it is making a real difference in Mr. ROGERS. Mr. Chairman, I move As the gentleman from Minnesota our core cities, and that is the Weed to strike the last word, and I rise to op- (Mr. GUTKNECHT) was describing, it is a and Seed Program. pose the amendment. program in which the Justice Depart- This is a comprehensive crime fight- Mr. Chairman, there is some mis- ment goes out through the U.S. Attor- ing, neighborhood revitalization pro- understanding about what is in this neys and through a grant program and gram that really attacks our problems bill. We do not fund the Corporation for through money efforts they have to go H7142 CONGRESSIONAL RECORD — HOUSE August 4, 1998 into pockets of specialty areas in the I think what I tried to demonstrate ented policing services from Fiscal community where there is a lot of with my earlier remarks about what is Year 1998 to the Department of Justice crime, and they attempt to enforce the happening in Minnesota, these people for the expansion of community pros- laws, to really clean up that area, to are extremely creative. They will fig- ecution programs across our Nation. have the prosecutions occur that clean ure out a way to fund these enhance- Let me emphasize that these dollars that neighborhood up, if you will, and ments. And I understand that this is are not committed and my amendment then provide some grants and some in- not where we will talk mostly about does not take funding away from any centives to get kids who may be going the Corporation for Public Broadcast- other law enforcement priorities with- the wrong way, help the neighborhood ing. in the bill. get them on the right track in terms of But I really think this is one area Community prosecution programs programs that can induce them to not where we at least ought to honor the represent the next step in community- go down this deviant path of crime. President’s budget request, use those based crime prevention programs. Just It is effective in such things as Oper- additional funds for programs that we as police officers are assigned to a beat ation Trigger Lock, which again the think really do make a difference in under community policing programs Bush Administration operated a lot the inner city. like COPS, community prosecutors more than this administration has, Mr. MCCOLLUM. Mr. Chairman, I work with residents of specific commu- where we took those who committed yield back the balance of my time. nities to identify, interdict, and re- crimes with guns, and maybe they were The CHAIRMAN (Mr. HASTINGS of move those conditions in neighbor- State crimes and they had been repeat Washington). The question is on the hoods that become breeding grounds criminals in this regard. They were fel- amendment offered by the gentleman for crime. ons, convicted already, and there is a from Minnesota (Mr. GUTKNECHT). Too often people only have contact Federal law that says a felon cannot The question was taken; and the with prosecutors when they are victims possess a gun. Chairman announced that the noes ap- of crime. This $5 million will provide And a State or a local government peared to have it. much-needed resources to help prosecu- would arrest this fellow for whatever it Mr. GUTKNECHT. Mr. Chairman, I tors join with police to address local might be, can only hold him for so long demand a recorded vote. crime problems by reorienting their if it is a basic crime, but the attorney The CHAIRMAN. Pursuant to House emphasis from assembly-line process- general would require under his guid- Resolution 508, further proceedings on ing of cases to taking on quality-of-life ance in those days the U.S. Attorney to the amendment offered by the gen- issues and preventing crimes from hap- go in and charge that person with the tleman from Minnesota (Mr. GUT- pening in the first place. The thinking gun crime at the Federal level, for the KNECHT) will be postponed. behind this concept is this: If we fix the simple possession of that gun as a con- The Clerk will read. broken windows early on, we can stop victed felon, and be able to get a sen- The Clerk read as follows: crime before it starts. tence that would keep him off the COMMUNITY ORIENTED POLICING SERVICES These programs are supported by street a lot longer. VIOLENT CRIME REDUCTION PROGRAMS groups like the National District At- Those kinds of programs were effec- For activities authorized by the Violent torneys Association, and have been tive and are effective, if they are work- Crime Control and Law Enforcement Act of ing properly, to clean up an area in a successful across our Nation in towns 1994, Public Law 103–322 (‘‘the 1994 Act’’) (in- as small as Rosebud, Montana to cities neighborhood and then go and seed it cluding administrative costs), $1,400,000,000, through the grant programs in the De- as large as Chicago, Illinois. to remain available until expended, which This notwithstanding, these pro- partment of Justice to allow us to keep shall be derived from the Violent Crime Re- it clean. duction Trust Fund, for Public Safety and grams continue to struggle for re- I think what the gentleman from Community Policing Grants pursuant to sources. This $5 million will provide a Minnesota (Mr. GUTKNECHT) is trying title I of the 1994 Act: Provided, That not to sheltered funding resource to develop to do here is a noble, positive thing to exceed 266 permanent positions and 266 full- and sustain existing programs as well do. time equivalent workyears and $32,023,000 as provide incentives to create new I would like to make one other com- shall be expended for program management ones. and administration: Provided further, That, of ment about the issue at hand about My amendment has been scored by the unobligated balances available in this the Congressional Budget Office as broadcasting. I think all of us want to program, $170,000,000 shall be used for inno- see this conversion to digital. I think vative policing programs, of which $50,000,000 being revenue neutral and has been tough choices have to be made in bills shall be used for a law enforcement tech- written in cooperation with both the like this. Unfortunately, we cannot nology program, $50,000,000 shall be used for staff of the gentleman from Kentucky simply create more money for a pro- policing initiatives to combat methamphet- (Mr. ROGERS) and the staff of the gen- gram like Weed and Seed. We have to amine production and trafficking and to en- tleman from West Virginia (Mr. MOL- take it from somewhere, which is why hance policing initiatives in drug ‘‘hot LOHAN). I am sure the spending levels are where spots’’, $20,000,000 shall be used for programs Mr. ROGERS. Mr. Chairman, will the to combat violence in schools, $25,000,000 gentleman yield? they are, and my good friends the shall be used for bullet proof vests for law chairman and the ranking member enforcement officers, $10,000,000 shall be used Mr. BLAGOJEVICH. I yield to the want to keep it that way because they for additional community law enforcement gentleman from Kentucky. already made that choice. But I would, officers and related program support for the Mr. ROGERS. Mr. Chairman, we have with all due respect, concur with the District of Columbia Offender Supervision, no objection to the amendment and gentleman from Minnesota (Mr. GUT- Defender, and Court Services Agency, and support its adoption. KNECHT) on that point. $15,000,000 shall be used for equipment and Mr. BLAGOJEVICH. Mr. Chairman, Mr. GUTKNECHT. Mr. Chairman, training for tribal law enforcement officers. reclaiming my time, it is my under- will the gentleman yield? AMENDMENT OFFERED BY MR. BLAGOJEVICH standing that the distinguished gen- Mr. MCCOLLUM. I yield to the gen- Mr. BLAGOJEVICH. Mr. Chairman, I tleman from West Virginia (Mr. MOL- tleman from Minnesota. offer an amendment. LOHAN) is in agreement with this. I Mr. GUTKNECHT. Mr. Chairman, I The Clerk read as follows: would like to thank the gentleman, thank the gentleman for yielding. I do Amendment offered by Mr. BLAGOJEVICH: and the gentleman from Kentucky (Mr. not want to prolong the debate, but I Page 32, line 14, after the dollar amount, ROGERS). do want to put a couple other facts on insert the following: ‘‘(increased by The CHAIRMAN. The question is on the record. $5,000,000)’’. the amendment offered by the gen- Even the President recognizes that (Mr. BLAGOJEVICH asked and was tleman from Illinois (Mr. this is a very low priority item. In his given permission to revise and extend BLAGOJEVICH). FY 1998 budget request, he requested his remarks.) The amendment was agreed to. zero funds for this program. He re- Mr. BLAGOJEVICH. Mr. Chairman, The CHAIRMAN. The Clerk will read. ceived $21 million anyway. This year he the amendment I am sponsoring would The Clerk read as follows: requested $15 million and we are giving earmark the remaining $5 million bal- In addition, for programs of Police Corps him another $21 million. ance in unobligated, community-ori- education, training, and service as set forth August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7143 in sections 200101–200113 of the 1994 Act, The CHAIRMAN. On this amendment physical and sexual abuse, some incest $20,000,000, to remain available until ex- and all amendments thereto? victims which would not be excluded pended, which shall be derived from the Vio- Mr. ROGERS. Yes, Mr. Chairman. by this bill, two-thirds of them are in- lent Crime Reduction Trust Fund. The CHAIRMAN. Without objection, carcerated for drug offenses, and many JUVENILE JUSTICE PROGRAMS the gentlewoman from Colorado (Ms. of them are HIV infected or have full- For grants, contracts, cooperative agree- DEGETTE) and the gentleman from blown AIDS. Does Congress think that ments, and other assistance authorized by Kentucky (Mr. ROGERS) each will con- it is in this country’s best interests to the Juvenile Justice and Delinquency Pre- trol 10 minutes. vention Act of 1974, as amended, including force these women against their will to salaries and expenses in connection there- There was no objection. carry these pregnancies to term? And with to be transferred and merged with the The CHAIRMAN. The Chair recog- what happens to the children of the appropriations for Justice Assistance, nizes the gentlewoman from Colorado women who are bearing these un- $265,950,000, to remain available until ex- (Ms. DEGETTE). wanted children in prison? These chil- pended: Provided, That these funds shall be Ms. DEGETTE. Mr. Chairman, I yield dren are taken from their mothers at available for obligation and expenditure myself such time as I may consume. birth to an uncertain future. I do not upon enactment of reauthorization legisla- Mr. Chairman, the amendment I am see any provision in this bill that pro- tion for the Juvenile Justice and Delin- offering today is very straightforward. vides for quick adoption of these chil- quency Prevention Act of 1974 (H.R. 1818 or What it simply does is strike the lan- comparable legislation). dren or other means by which they can In addition, for grants, contracts, coopera- guage in the bill which prohibits the have a fulfilled life that would not fol- tive agreements, and other assistance, use of Federal funds for abortion serv- low in the tracks of their incarcerated $10,000,000 to remain available until ex- ices for women in Federal prison. Un- parents. pended, for developing, testing, and dem- like most other American women who This bill, make no mistake about it, onstrating programs designed to reduce drug are denied coverage of abortion serv- is about forcing women against their use among juveniles. ices, women in prison have no money, will to have a child. It is downright In addition, for grants, contracts, coopera- nor do they have access to outside fi- foolish and cruel to force women in tive agreements, and other assistance au- nancial help, nor do they have income thorized by the Victims of Child Abuse Act Federal prisons to bear children in of 1990, as amended, $7,000,000, to remain which will allow them to obtain these prison when that child will be taken available until expended, as authorized by services for themselves. Inmates in from them at birth to an uncertain fu- section 214B of the Act. Federal prisons are completely depend- ture. In 1993, Congress did the right PUBLIC SAFETY OFFICERS BENEFITS ent upon the Bureau of Prisons for all thing when it overturned this barbaric To remain available until expended, for of their needs, including food, shelter, policy. I urge my colleagues to do the payments authorized by part L of title I of clothing and every single aspect of same today and to support the DeGette the Omnibus Crime Control and Safe Streets their medical care. These women are amendment. Act of 1968 (42 U.S.C. 3796), as amended, such not able to work at remunerative jobs Mr. Chairman, I reserve the balance sums as are necessary, as authorized by sec- that would allow them to pay for their of my time. tion 6093 of Public Law 100–690 (102 Stat. medical services, including abortion Mr. ROGERS. Mr. Chairman, I yield 4339–4340); and $250,000 for the Federal Law services, which I will point out to the Enforcement Dependents Assistance Pro- myself such time as I may consume. gram, as authorized by section 1212 of said House are still legal in this country. In The provision in this bill the amend- Act. fact, last year inmates working on the ment seeks to strike does one thing GENERAL PROVISIONS—DEPARTMENT OF general pay scale earned from 12 cents only, it prohibits Federal tax dollars JUSTICE to 40 cents per hour, or roughly $5 to from paying for abortions for Federal SEC. 101. In addition to amounts otherwise $16 per week. The average cost of an prison inmates except in the case of made available in this title for official recep- early, outpatient abortion in this coun- rape or the life of the mother. tion and representation expenses, a total of try ranges from $200 to $400. Abortions The bill requires that the Bureau of not to exceed $45,000 from funds appropriated after the 13th week in this country cost Prisons escort inmates to a private fa- to the Department of Justice in this title $400 to $700, and abortions after the cility if they want abortion services. shall be available to the Attorney General 16th week, which none of us really The provision that we have in the bill, for official reception and representation ex- favor at all, go up $100 more per week, Mr. Chairman, is a long-standing provi- penses in accordance with distributions, pro- cedures, and regulations established by the ending at about $1200 to $1500 in the sion. It has been carried in nine of the Attorney General. 24th week. last 10 bills that we have brought to SEC. 102. Authorities contained in the De- Even if a woman in Federal prison the floor of the House. The House re- partment of Justice Appropriation Author- earned the maximum wage on the gen- jected this very same amendment to ization Act, Fiscal Year 1980 (Public Law 96– eral pay scale and worked 40 hours per last year’s appropriations bill by a vote 132; 93 Stat. 1040 (1979)), as amended, shall re- week, she would never have the money of 155–264, the previous year by a voice main in effect until the termination date of to pay for an abortion in the first tri- vote, and two years ago by a vote of this Act or until the effective date of a De- mester. After that, the cost of an abor- partment of Justice Appropriation Author- 146–281. ization Act, whichever is earlier. tion rises so dramatically that even if Time and again, the House has de- SEC. 103. None of the funds appropriated by the female inmate saves her entire sal- bated this issue of whether Federal tax this title shall be available to pay for an ary, she would never ever be able to af- dollars should pay for abortion. The abortion, except where the life of the mother ford a legal abortion. answer has always been ‘‘no.’’ I urge would be endangered if the fetus were carried If Congress denies women in Federal the House to say ‘‘no’’ again. I urge re- to term, or in the case of rape: Provided, prison coverage of abortion services, it jection of the gentlewoman’s amend- That should this prohibition be declared un- is effectively shutting down the only ment. constitutional by a court of competent juris- avenue these women have to pursue Mr. Chairman, I reserve the balance diction, this section shall be null and void. their constitutional rights to a safe of my time. b 2030 and legal abortion. Ms. DEGETTE. Mr. Chairman, I yield AMENDMENT OFFERED BY MS. DEGETTE Let me remind my colleagues again, 2 minutes to the gentlewoman from Ms. DEGETTE. Mr. Chairman, I offer for the last 25 years in this country, California (Ms. WOOLSEY). an amendment. women in this country have had the Ms. WOOLSEY. Mr. Chairman, I rise The Clerk read as follows: right legally and constitutionally to in strong support of the DeGette Amendment offered by Ms. DEGETTE: abortion. With the absence of funding amendment to the Commerce, Justice, In title I, in the item relating to ‘‘GENERAL by the very institution prisoners de- State appropriations bill, because this PROVISIONS—DEPARTMENT OF JUSTICE’’, pend on for health services, women allows women in prison the option of strike section 103. prisoners are, in effect, coerced into abortion services. Quite simply the Mr. ROGERS. Mr. Chairman, I ask pregnancy by this bill. amendment offers the coverage of abor- unanimous consent that debate on this Let me talk just for a minute about tion services to women who are solely amendment be limited to 20 minutes to the kinds of women who are entering dependent on Federal resources. be divided equally between the sides, 10 prison today in this country. Most Mr. Chairman, 6 percent of incarcer- on each side. women entering prison are victims of ated women are pregnant when they H7144 CONGRESSIONAL RECORD — HOUSE August 4, 1998 enter prison. Many are victims of phys- ultrasound or sonogram screen, you right, their right to abortion. Most ical and sexual abuse. Women in prison cannot help but be awed by the miracle women prisoners were poor when they have no resources. They usually have of human life, by the preciousness of a entered prison and they do not earn no means to borrow or little support child’s being, and then be moved to any meaningful compensation from from the outside. It is time to honor pity by the helplessness and the vul- prison jobs. This ban then closes off the Supreme Court’s decision of Roe v. nerability of that child, by the fragil- their only opportunity to receive such Wade by acknowledging it is every ity of those tiny fingers and toes. To services, and thereby denies them their woman’s right to have access to a safe, see an unborn child turning and kick- rights under the Constitution. reliable abortion. Restrictions placed ing and sucking his or her thumb while I urge my colleagues to support the on incarcerated women are especially still in utero shatters the myth that DeGette amendment. mean-spirited. These women are to- abortion merely removes tissue or the Mr. ROGERS. Mr. Chairman, I yield I tally dependent on the Federal Govern- products of conception. minute to the gentleman from Penn- ment for all of their basics. Why should Mr. Chairman, abortion violence sylvania (Mr. PITTS). the government put a limit on what is treats pregnancy as a sexually trans- Mr. PITTS. Mr. Chairman, I rise in constitutionally every woman’s right? mitted disease. The growing child is opposition to the DeGette amendment. Mr. Chairman, we must stop the viewed as a tumor, a wart, as I said, as This amendment would strike from the rollbacks on women’s reproductive garbage. bill section 103 which prohibits Federal freedoms. We must provide women with During the debate in 1995, the gentle- funding of abortions for Federal pris- education and the resources to prevent woman from the District of Columbia oners except for the life of the mother unwanted pregnancies. Let us vote for (Ms. NORTON), who was then the spon- or in case of rape. the DeGette amendment and address sor of this amendment, asked, ‘‘Who It is outrageous that the pro-abor- the desperate conditions these women will speak for these children? We must tion advocates want to force the Amer- face. speak for these children.’’ Then the dis- ican taxpayers to pay for the abortions Mr. ROGERS. Mr. Chairman, I yield 4 tinguished gentlewoman urged govern- of Federal prisoners. Instead of sending minutes to the able gentleman from ment subsidized abortion. the message to Federal prisoners that New Jersey (Mr. SMITH). Mr. Chairman, it turns logic on its the answer to their problem is to kill Mr. SMITH of New Jersey. I thank head to suggest that subsidizing vio- their unborn babies, let us urge them the very good gentleman for yielding lent acts of dismemberment and chemi- to take responsibility and consider me this time. cal poisoning to be somehow pro-child. what is best for the child they are car- Mr. Chairman, abortion is violence Finally, Mr. Chairman, Mother Te- rying. Let us not compound the prob- against children and in no way could be resa was right when she said, ‘‘The lem with an act of violence on top of an construed to be humane or compas- greatest destroyer of peace today is act of violence. sionate. A child’s worth and inherent abortion because it is a war against the When this issue was debated in 1995, dignity is not determined by who his or child, a direct killing of an innocent one of the supporters of this pro-abor- her mother happens to be. And the child. Any country that accepts abor- tion amendment asked the Members of value of a baby is not diminished one tion is not teaching its people to love the House, ‘‘Who will speak for these iota because Mom happens to be an in- but to use violence to get what they children?’’ Then she went on to de- mate. As a matter of fact, the woman’s want. That is why it is the greatest de- clare, ‘‘We must speak for these chil- God-given value is not diminished, ei- stroyer of love and peace.’’ dren.’’ ther. Yet the pending DeGette amend- ‘‘Please don’t kill the baby,’’ she ad- If this is true, we must speak for the ment would force taxpayers to sub- monished. children, then I guess those who sup- sidize violence against children, in this Mr. Chairman, finally, the baby of an port this amendment believe that the case the child of an inmate. inmate is just as important as any unborn children of Federal prisoners Mr. Chairman, I truly believe that other child on Earth. Reject govern- want to be killed by their mothers. We many Americans are either uninformed ment funding of violence against chil- should not vote for the death of unborn or living in a state of denial on the dren. I urge the membership to vote children at the expense of all American issue of abortion, especially as it re- ‘‘no’’ on the DeGette amendment. taxpayers. lates to the gruesome reality of abor- Ms. DEGETTE. Mr. Chairman, I yield I urge a ‘‘no’’ vote on the DeGette tion methods. Abortion methods are vi- 2 minutes to the gentlewoman from amendment. olence against children and include dis- Maryland (Mrs. MORELLA). b membering innocent children with Mrs. MORELLA. I thank the gentle- 2045 razor blade tip suction devices that woman for yielding me this time. Mr. Ms. DEGETTE. Mr. Chairman, I yield turn kids into a bloody pulp, or injec- Chairman, I rise in support of the such time as she may consume to the tions of chemical poisons designed to DeGette amendment which would re- gentlewoman from Oregon (Ms. FURSE). kill the baby, or the kids are executed move the ban on access to abortion (Ms. FURSE asked and was given per- by partial-birth abortion, a gruesome services for incarcerated women except mission to revise and extend her re- method that many Members are now in cases of rape of life endangerment. marks.) familiar with. There are currently more than 8,000 Ms. FURSE. Mr. Chairman, I rise in Peel away the euphemisms that sani- women incarcerated in Federal Bureau support of the DeGette amendment. tize abortion and the cruelty to chil- of Prisons facilities. Most of the I rise to support the amendment authored dren and, yes, the cruelty to their women are young, have been frequently by Congresswoman DeGette to strike lan- mothers as well becomes readily appar- unemployed, and many have been vic- guage in the bill prohibiting federal funds from ent. The entire smoke screen of choice tims of physical or sexual abuse. Ac- being used for abortions for women in prison. turns the baby into property, a thing, a cording to a recent survey, 6 percent of A year ago, this issue made the headlines commodity and not a someone. Truly a women in prisons and 4 percent of in Oregon when a woman who was arrested person is a person no matter how women in jail were pregnant when ad- in McMinnville, OR requested an abortion. For small. Thus the whole rhetoric of mitted. Limited prenatal care, isola- personal reasons, this woman decided she choice dehumanizes our brothers and tion from family and friends, and the would not become a mother. It is not for us to sisters in the womb and puts them in certain loss of custody of the infant judge her on this decision or any other choice the same category as junk cars, broken upon birth present unusual cir- she made in her life that put her in jail. TV sets and busted stereos. They are cumstances and exacerbate an already Yamhill County's jail policy mandated that throwaways. The whole rhetoric of difficult situation if the pregnancy is inmates must pay for the procedure them- choice reduces unborn babies to ob- unintended. selves, and could have access to this service. jects. The early feminists had it right: Because Federal prisoners are totally Even though tax payer dollars were not used Do not treat women as objects. Unborn dependent on health care services pro- for this procedure, the county did allow this girls and boys are not objects, either. vided by the Bureau of Prisons, this woman a release from jail to seek an abortion. Mr. Chairman, if you have ever ban in effect prevents these women Mr. Chairman, this ban is wrong. How can watched an unborn child’s image on an from exercising their constitutional we discriminate against those in jail? August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7145 The political agenda of politicians must not dinary rise of women in prison. The woman is being coerced by this law jeopardize the health of women. Access to rate of HIV infections and AIDS for into having a baby; the woman, HIV abortion is a legal right. A woman should not women in prison exceeds the rate for cases. I understand that. lose access to reproductive health care, in- men, and 5 percent of women who enter But do my colleagues not know there cluding abortions, because she is in jail. Federal prisons are pregnant. is a baby involved, too? Is that a ci- I urge my colleagues to support the DeGette Why Federal dollars? Because these pher? A zero? Is that an used Kleenex Amendment. women are without any way to have an to be thrown away? The whole question Ms. DEGETTE. Mr. Chairman, I yield abortion. We would not come forward revolves around what my colleagues 1 minute to the gentleman from New at this time or ever, given where this think of human life. York (Mr. NADLER). Congress has been, to ask for Federal Now we could solve a lot of problems (Mr. NADLER asked and was given funds for abortions unless we were if we carry to the logical consequences permission to revise and extend his re- dealing with helpless women who had this devaluation of life. We could marks.) no other way to get an abortion. empty the nursing homes. We could get Mr. NADLER. Mr. Chairman, I rise to Not to allow this particularly, when rid of the incorrigibly poor. We could support the DeGette amendment to we consider that we are talking about get rid of the useless eaters, as Hitler strike the ban on abortion funding for many women who have AIDS, who called them, the homeless people, the women in Federal prisons. This ban is would be quite unfit as mothers, not to people who are not pulling their cruel and unwarranted. allow abortions in these circumstances weight, who are not contributing to Mr. Chairman, a woman’s sentence to would be entirely cruel, and I ask that our society, the people who infect prison should not include forcing her to an exception be made and that these other people with diseases. carry a pregnancy to term. Most Federal funds be allowed for women in Get rid of the people. women in prison are poor, have little So here, where the little child has prison. or no access to outside financial help, been conceived unfortunately by a Ms. DEGETTE. Mr. Chairman, I yield and earn between 12 to 40 cents per woman in prison, my colleagues’ solu- hour at prison jobs. They are totally myself the balance of my time. The CHAIRMAN. The gentlewoman tion is to get rid of the child, the inno- dependent on the prisons for their cent human life. from Colorado is recognized for 30 sec- health services. They cannot possibly Now, we can define that out of exist- onds. finance their own abortions, and there- ence and say that is not alive, we do Ms. DEGETTE. Mr. Chairman, my fore, without the passage of this not know what that is, that is a can- colleague from New Jersey talks about amendment, they are in effect denied cerous tumor, that is a diseased appen- the terrible abortion procedures, and their constitutional right to an abor- dix, they want to just excise it and tion. the truth is my colleague would ban all throw it away. But it is not. That is Many women prisoners are victims of abortions, and I understand that. But self-deception. It is a tiny little mem- physical or sexual abuse and are preg- that is not the law of this country. The ber of the human family, and that lit- nant before entering prison. They will law of this country is that women have tle tiny member of the human family almost certainly be forced to give up a right to abortion. has a right to life, and that life is pre- But the way this bill is written, their children at birth. Why should we cious. add to anguish by denying them access women in prison, because of the low Yes, it is the most inauspicious, to reproductive services? amount they would make, would only humble beginning anybody could have. I know full well the authors of this be able to afford an abortion if they Almost as bad as being born in a sta- bill would take away the right to waited until the third trimester, which ble, being born in a jail of a mother choose from all American women if is a result no one in this room would who is incarcerated. But, by God, it is they could, but since they are pre- like to have. It is much more compas- life, it is an opportunity. ‘‘Life’’ means vented from doing so by the Supreme sionate for the prisoners, it is much hope, and give that little child his or Court, they have instead targeted their better for everybody if it is done in the her life. He or she did not ask for that restrictions on helpless women in pris- first trimester when it is safe and it humble, inauspicious beginning, but on. protects the mother’s health. that does not mean that person is fore- Well, watch out, America. After they It is the right thing to do, it is the closed from leading a full life later on. have denied reproductive health serv- compassionate thing to do, and it is There are hundreds of places that ices to all women in prison, Federal the legal thing to do. I urge support of will take those children. Here is a di- employees, women in the armed forces the DeGette amendment. rectory of them all over the country. and women on public assistance, then Mr. ROGERS. Mr. Chairman, I yield There are about four of them within they will try again to ban all abortions the balance of the time to the gen- walking distance of Capitol Hill. So, in the United States. And they will not tleman from Illinois (Mr. HYDE), the the child will not be abandoned or stop there. We know that many of very able chairman of the House Com- thrown away in a wastebasket. It is a them want to eliminate contraceptives mittee on the Judiciary. human life, and it is precious, and as well. The CHAIRMAN. The gentleman human life ought to mean something in Mr. Chairman, it is a slippery slope from Illinois is recognized for 4 min- this country where our birth certifi- that denies the reality of today, pun- utes. cate says everyone is created equally ishes women, and threatens their Mr. HYDE. Mr. Chairman, I thank and is endowed by their Creator with health and safety. This radical agenda my friend, the gentleman from Ken- an inalienable right to life. must be stopped now. I urge my col- tucky (Mr. ROGERS) for giving me this Think of the woman, yes. But think leagues to support the DeGette amend- time. of the little baby, too. Do not throw ment. Mr. Chairman, once again the solu- that human life away. Ms. DEGETTE. Mr. Chairman, I yield tion to a problem is death, kill some- Ms. DEGETTE. Mr. Chairman, will 1 minute to the gentlewoman from the body. the gentleman yield? District of Columbia (Ms. NORTON). If my colleague saw the movie, re- Mr. HYDE. Yes, I yield to the gentle- Ms. NORTON. Mr. Chairman, I appre- cent movie, Saving Private Ryan, there woman from Colorado. ciate the gentlewoman from Colorado, is a line in there where Tom Hanks, Ms. DEGETTE. Distinguished Chair- the sponsor of this amendment, which I playing the captain in the infantry, man, I would just ask a question. have sponsored in the past because a says: How does the gentleman from Illinois woman gives up many constitutional ‘‘Every time I kill somebody I feel feel about that little baby which would rights when she goes to prison, but not farther away from home.’’ be born against its mother’s will, prob- the right to have control over the most Why is it that we have to in this dis- ably HIV positive, and ripped from the profound impact on her body. She does cussion never talk about the baby? arms of its mother at birth only to be not, she must not, be said to submit I listened to every word from the taken away to one of those agencies he herself to forced childbirth. other side, and they drip with compas- points to? I have sponsored a GAO report, now sion, and rightly so, but only for the Mr. HYDE. Better that than to be in the making, because of the extraor- woman: the plight of the woman; the killed. Give that little baby a chance H7146 CONGRESSIONAL RECORD — HOUSE August 4, 1998 to enjoy a Christmas sometime, to completely dependent on the federal Bureau States Code: Provided, That any reward of enjoy the love of somebody who can of Prisons for all of their health care services, $100,000 or more, up to a maximum of love that child. the ban on the use of federal funds is a cruel $2,000,000, may not be made without the per- Mr. Chairman, let us give that little sonal approval of the President or the Attor- policy that traps women by denying them all ney General and such approval may not be life the chance we had. reproductive decision-making. The ban is un- delegated. Ms. JACKSON-LEE of Texas. Mr. Chair- constitutional because freedom of choice is a SEC. 107. Not to exceed 5 percent of any ap- man, thank you for the opportunity to speak right that has been protected under our con- propriation made available for the current on this important amendment. As an advocate stitution for twenty-five years. fiscal year for the Department of Justice in for Women's Choice I strongly support Rep- Furthermore, the great majority of women this Act, including those derived from the resentative DEGETTE's amendment. Rep- who enter our federal prison system are im- Violent Crime Reduction Trust Fund, may resentative DEGETTE's amendment will strike poverished and often isolated from family, be transferred between such appropriations, the language in the Commerce Justice State but no such appropriation, except as other- friends and resources. We are dealing with wise specifically provided, shall be increased Appropriations bill which would prohibit Fed- very complex histories that often, tragically, in- by more than 10 percent by any such trans- eral funds from being used for abortions in clude drug abuse, homelessness, and physical fers: Provided, That any transfer pursuant to prison. and sexual abuse. Many women are pregnant this section shall be treated as a reprogram- Abortion is a legal health care option for upon entering the prison system. To deny ming of funds under section 605 of this Act American women, and has been for over 20 basic reproductive choice would only make and shall not be available for obligation ex- years. Because Federal prisoners are totally worse the crises faced by the women and the cept in compliance with the procedures set dependent on health care services provided federal prison system. forth in that section. by the Bureau of Prisons, the ban, in effect SEC. 108. In fiscal year 1999 and thereafter, The ban on the use of federal funds is a de- the Director of the Bureau of Prisons is au- will prevent these women from seeking the liberate attack by the anti-choice movement to thorized to make expenditures out of the needed reproductive health care that should ultimately derail all reproductive options. As Federal Prison System’s Commissary Fund, be every woman's rightÐthe right to choose we begin chipping away basic reproductive Federal Prisons, for the installation, oper- an abortion. services for women, I ask you, what is next? ation, and maintenance of the inmate tele- We know that most women who enter pris- Denial of OBGYN examinations and mammo- phone system, including, without limitation, on are poor. Many of them are victims of grams for women inmates? Who is next? the payment of all the equipment purchased physical and sexual abuse, and some of them Women in the military, women who work for or leased in connection with the inmate tele- phone system and the salaries, benefits, and are pregnant before entering prison. An un- the government, or all women who are insured wanted pregnancy is a difficult issue in even other expenses of personnel who install, op- by the Federal Employees Health Benefits erate and maintain the inmate telephone the most supportive environs. However, limited plan? Limiting choice for incarcerated women system, regardless of whether these expendi- prenatal care, isolation from family and friends puts other populations at great risk. This dan- tures are security related. and the certain custody loss of the infant upon gerous, slippery-slope erodes the right to SEC. 109. Section 524(c)(9)(B) of title 28, birth present circumstances which only serve choose, little by little. United States Code, is amended by striking to worsen an already very dire situation. It is my undying belief that freedom of ac- ‘‘1997’’ and inserting ‘‘1999’’. In 1993, Congress lifted the funding restric- cess must be unconditionally kept intact; SEC. 110. (a) Section 3201 of the Crime Con- tions that since 1987 had prohibited the use of trol Act of 1990 (28 U.S.C. 509 note) is amend- therefore, I strongly urge my colleagues to ed to read as follows— federal funds to provide abortion services to protect this constitutional right for women in ‘‘Appropriations in this or any other Act women in federal prisons except during in- America and vote ``Yes'' on the Degette hereafter for the Federal Bureau of Inves- stances of rape and life endangerment. amendment. tigation, the Drug Enforcement Administra- Women who seek abortions in prison must re- The CHAIRMAN. The question is on tion, or the Immigration and Naturalization ceive medical, religious, and/or social counsel- the amendment offered by the gentle- Service are available, in an amount of not to ing sessions for women seeking abortion. woman from Colorado (Ms. DEGETTE). exceed $25,000 each per fiscal year, to pay hu- There must be written documentation of these The question was taken; and the manitarian expenses incurred by or for any counseling sessions, and any staff member employee thereof (or any member of the em- Chairman announced that the noes ap- ployee’s immediate family) that results from who morally or religiously objects to abortion peared to have it. or is incident to serious illness, serious in- need not participate in the prisoner's decision- Ms. DEGETTE. Mr. Chairman, I de- jury, or death occurring to the employee making process. mand a recorded vote, and pending while on official duty or business.’’ There was a 75 percent growth in the num- that, I make the point of order that a (b) The Illegal Immigration Reform and ber of women in Federal prisons over the last quorum is not present. Immigrant Responsibility Act of 1996 is decade. Currently, the growth rate for women The CHAIRMAN. Pursuant to House amended by striking section 626 (8 U.S.C. is twice that of men in prison. Yet, the rate of Resolution 508, further proceedings on 1363b). infection of HIV and AIDS in women exceeds SEC. 111. Any amounts credited to the ‘‘Le- the amendment offered by the gentle- galization Account’’ established under sec- the rate of infection for men in prison, and woman from Colorado (Ms. DEGETTE) tion 245(c)(7)(B) of the Immigration and Na- pregnant women are of course at risk of pass- will be postponed. tionality Act (8 U.S.C. 1255a(c)(7)(B)) are ing on this disease to their unborn children. The point of no quorum is considered transferred to the ‘‘Examinations Fee Ac- This ban on federal funds for women in pris- withdrawn. count’’ established under section 286(m) of on is another direct assault on the right to The CHAIRMAN. The Clerk will read. that Act (8 U.S.C. 1356(m)). choose. This ban is just one more step in the The Clerk read as follows: AMENDMENT NO. 30 OFFERED BY MR. METCALF long line of rollbacks on women's reproductive SEC. 104. None of the funds appropriated Mr. METCALF. Mr. Chairman, I offer freedoms. We must stop this assault on repro- under this title shall be used to require any an amendment. ductive rights. person to perform, or facilitate in any way The CHAIRMAN. The Clerk will des- Ms. LEE. Mr. Chairman, I rise in strong sup- the performance of, any abortion. ignate the amendment. port of the Degette amendment, which would SEC. 105. Nothing in the preceding section The text of the amendment is as fol- shall remove the obligation of the Director strike language banning the use of federal lows: funds for abortion services for women in fed- of the Bureau of Prisons to provide escort services necessary for a female inmate to re- Amendment No. 30 offered by Mr. eral prisons. ceive such service outside the Federal facil- METCALF: Women in prison have committed criminal ity: Provided, That nothing in this section in Page 38, after line 9, insert the following: activity, and through our judicial system we any way diminishes the effect of section 104 SEC. 112. Section 110 of the Illegal Immi- certainly need to seek appropriate responses intended to address the philosophical beliefs gration Reform and Immigrant Responsibil- to illegal actions. Women in prison are being of individual employees of the Bureau of ity Act of 1996 (8 U.S.C. 1221 note) is repealed. punished for the crime that they committed. Prisons. Mr. ROGERS. Mr. Chairman, I re- However, this is a separate issue from that SEC. 106. Notwithstanding any other provi- serve a point of order on the amend- which we are addressing. Today we discuss sion of law, not to exceed $10,000,000 of the ment offered by the gentleman from funds made available in this Act may be used Washington. civil liberties and rights which are protected for to establish and publicize a program under all in America, and remain so even when an which publicly advertised, extraordinary re- Mr. METCALF. Mr. Chairman, first I individual is incarcerated. wards may be paid, which shall not be sub- would like to congratulate the gen- Abortion is a legal health care option for ject to spending limitations contained in tleman from Kentucky (Mr. ROGERS) women in America. Since women in prison are sections 3059 and 3072 of title 18, United on the legislation before us. He has, as August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7147 always, found a way to adequately ad- that is correct. It is my understanding and who has the high moral ground on dress the many competing priorities in that the INS will not be prepared to impacting our children. The amend- this legislation, and I thank him for implement section 110 by the statutory ment that I would have proposed would his effort. deadline. Let me emphasize that sec- save children’s lives. Very simply, Mr. Chairman, my tion 110 should be implemented in a Let me give you an example. So amendment would repeal section 110 of manner that will not have an adverse many years ago I was on the City the Illegal Immigration Reform and impact on trade, tourism or other le- Council and passed an ordinance deal- Immigration Responsibility Act of 1996. gitimate traffic across our land bor- ing with gun safety and responsibility. Mr. Chairman, section 110 is a bad pro- ders. That ordinance was to hold parents re- vision. This section, if this section was Mr. METCALF. I thank the gen- sponsible for the accidental shootings implemented it would devastate our tleman for his comments, and I look by their children. It was not punitive northern border communities, not only forward to working with him over the to haul parents and adults into prison in my community but in many of the next year to find a solution to this sec- or to put them under a judge’s order, northern border communities. tion that will fulfill both of our prior- but it was to save children’s lives. In order to address this delay I se- ities and ensure the economic success Now, today, in Houston, and in the cured $15 million in border infrastruc- of our northern border communities. State of Texas, we have seen a 50 per- ture improvements in Blaine. While Mr. Chairman, I ask unanimous con- cent decrease in the number of acciden- this will represent a major step to- sent to withdraw my amendment. tal shootings. In this country today, wards reducing congestion, its benefit The CHAIRMAN. Is there objection the firearm homicide rate among chil- dren across our country has tripled in will have little if any effect if section to the request of the gentleman from the last 10 years. It is tragic and shock- 110 is fully implemented. Washington? ing that there were over 500 accidental I notice that the distinguished chair- There was no objection. deaths among children as a result of man of the Subcommittee on Immigra- AMENDMENT NO. 29 OFFERED BY MS. JACKSON- young and curious hands reaching for a tion and Claims is on the floor. I would LEE OF TEXAS gun as a toy and over 5,000 deaths re- like to request the gentleman’s partici- Ms. JACKSON-LEE of Texas. Mr. lated to youth and guns. In my home pation in a colloquy. Chairman, I offer an amendment, State of Texas, 32 children died as a re- Mr. SMITH of Texas. Mr. Chairman, which I intend to withdraw. sult of accidentally fired guns last will the gentleman yield? The CHAIRMAN. The Clerk will des- year, and that is down, and 500 children Mr. METCALF. I yield to the gen- ignate the amendment. died in my State as a result of firearms tleman from Texas. The text of the amendment is as fol- in children total. This is unacceptable, Mr. SMITH of Texas. Mr. Chairman, I lows: even in spite of the numbers we have will be happy to engage in a colloquy. Amendment No. 29 offered by Ms. JACKSON- seen go down. Mr. METCALF. Mr. Chairman, as the LEE of Texas: Page 38, after line 9, insert the following: The high incidence of this lethal vio- gentleman knows, I have been a strong lence against youth demands a na- opponent of section 110 of the Illegal PROHIBITION ON HANDGUN TRANSFER WITHOUT LOCKING DEVICE tional response. The need for this type Immigration Reform and Immigration SEC. 112. (a) IN GENERAL.—Section 922 of of legislation is even more critical be- Responsibility Act of 1996 because of title 18, United States Code, is amended by cause younger and younger children the potential harm that could be in- adding at the end the following: are accessing guns and becoming in- flicted on my district and across the ‘‘(y)(1) It shall be unlawful, for any person creasingly involved in violence and entire northern border. to transfer a handgun to another person un- gang activity. Is it the gentleman’s position that less a locking device is attached to, or an in- I am withdrawing this amendment, tegral part of, the handgun, or is sold or de- section 110 should be delayed until the Mr. Chairman, only because I want this Immigration and Naturalization Serv- livered to the transferee as part of the trans- fer. very simple technology to pass. I want ice develops a system that will not sig- ‘‘(2) Paragraph (1) shall not apply to the us to educate parents and teachers and nificantly disrupt trade, tourism or transfer of a handgun to the United States, constituents and this Nation that this other legitimate cross-border activity or any department or agency of the United is not gun control, this is gun respon- at the land border points of entry? states, or a State, or a department, agency, sibility. Mr. SMITH of Texas. Mr. Chairman, or political subdivision of a State.’’. The recent rash of school shootings the gentleman is correct. This section (b) LOCKING DEVICE DEFINED.—Section which occurred across several of our should not be implemented if it would 921(a) of such title is amended by adding at States are a manifestation of not only the end the following: significantly disrupt legitimate border ‘‘(34) The term ‘locking device’ means a de- a disturbing trend of hostility among traffic. I will support going forward vice which, while attached to or part of a our young people, hostility and confu- with this section only if it will not im- firearm, prevents the firearm from being dis- sion, I might say, but also how acces- pede that cross-border travel and trade charged, and which can be removed or de- sible violent weapons are to our chil- that I understand the gentleman from activated by means of a key or a mechani- dren. No matter how much we as adults Washington has a legitimate concern cally, electronically, or electro-mechani- protest and say we have had them about. cally operated combination lock.’’. locked up in a drawer, we did not know At the same time I must emphasize Mr. ROGERS. Mr. Chairman, I re- they had them, we did not know they that section 110 was included in the serve a point of order against the went into our glove compartment, we 1996 act because a comprehensive and amendment. did not know they went into our car, efficient entry/exit is vital for our na- The CHAIRMAN. The gentlewoman those weapons are still weapons of vio- tional security. from Texas (Ms. JACKSON-LEE) is recog- lence when they get in the hand of a nized for 5 minutes. child, either accidentally or inten- b 2100 Ms. JACKSON-LEE of Texas. Mr. tionally. Without such a system, our govern- Chairman, let me acknowledge the Just think of the impact of a simple ment has no idea who is coming to the good works of my friends in the United trigger lock, a safety lock. We must United States and whether they leave States Senate and my colleague on the not only look at what leads children to when they are supposed to do so. It is Subcommittee on Crime, the gen- kill other children, we must also take particularly important that the United tleman from New York (Mr. SCHUMER), the responsibility for placing the tools States protect its citizens from terror- and the gentlewoman from New York of death outside of their reach and pro- ism, drug smuggling and illegal aliens. (Mrs. MCCARTHY), and others who real- viding that safety measure, that trig- Mr. METCALF. Mr. Chairman, re- ize that there is much that we could ger lock. This trigger lock amendment claiming my time, is it the gentle- come together on on an amendment will prevent children from shooting man’s understanding that the INS is dealing with a very simple technology, guns, either accidently or purposefully. not yet prepared to implement section and that is a safety lock on a gun to It will help to save our young people’s 110 at all ports this year? protect our children. lives and protect our communities and Mr. SMITH of Texas. Mr. Chairman, Mr. Chairman, there has been much our families from accidental gun vio- if the gentleman will yield further, debate on this floor about how best to lence. H7148 CONGRESSIONAL RECORD — HOUSE August 4, 1998

Let me say, Mr. Chairman, that I PEASE) having assumed the chair, Mr. Mr. MOLLOHAN. Mr. Speaker, re- look forward to working with the many HASTINGS of Washington, Chairman of serving the right to object, engaging allies around this Nation, PTOs, school the Committee of the Whole House on the chairman for a further understand- districts, local governments, Handgun, the State of the Union, reported that ing with regard to the postponement of Inc., and my colleagues in the United that Committee, having had under con- the census debate, the chairman and I States Congress, to finally recognize sideration the bill (H.R. 4276) making have discussed this matter, and I would that after we educate the public, we appropriations for the Departments of simply like to confirm that under- educate those who are perceived oppo- Commerce, Justice and State, the Judi- standing, that the census debate will nents, my good friends in the National ciary and related agencies for the fiscal be had after we have votes on those Rifle Association, who have always ar- year ending September 30, 1999, and for amendments that we are going to roll gued that they believe in prevention. other purposes, had come to no resolu- until tomorrow from debates we have Well, what is the best way to have pre- tion thereon. tonight? vention? That is the trigger lock. f Mr. ROGERS. Mr. Speaker, will the At this time, Mr. Chairman, I am not LIMITING AMENDMENTS AND DE- gentleman yield? going to offer this amendment, because BATE TIME THROUGH TITLE 6 Mr. MOLLOHAN. I yield to the gen- I am prepared for the long haul. I be- DURING FURTHER CONSIDER- tleman from Kentucky. lieve we are going to win this, and we ATION OF H.R. 4276, DEPART- Mr. ROGERS. Mr. Speaker, that are going to win it when we educate would be my understanding, that we the American people that to save more MENTS OF COMMERCE, JUSTICE, AND STATE, AND JUDICIARY, will continue proceeding this evening; of our children’s lives, we need to im- that Members, after the four votes that plement the safety lock, the trigger AND RELATED AGENCIES APPRO- PRIATIONS ACT, 1999, IN THE have been called tonight, those four lock, and bring an end to this ceaseless votes will take place immediately, or unending devastation against our COMMITTEE OF THE WHOLE TODAY after which there would be no further children. recorded votes for tonight, and we will Mr. Chairman, thank you for the opportunity Mr. ROGERS. Mr. Speaker, I ask proceed tonight with amendments and to speak on this important amendment to H.R. unanimous consent that during the fur- role those votes until tomorrow, in ther consideration of H.R. 4276 in the 4276. I have proposed an amendment to H.R. which case those votes would be taken Committee of the Whole, pursuant to 4276 which I urge all my colleagues to sup- tomorrow morning, and then proceed H. Res. 508; the remainder of the bill port. My amendment will save children's lives! directly to the census amendment, if through title 6 be considered as read; In this country today the firearm homicide rate that is the gentleman’s desire. and no amendment shall be in order among children across our country has tripled Mr. MOLLOHAN. It is, Mr. Speaker. thereto except for the following in the last 10 years. It is tragic and shocking Mr. ROGERS. If the gentleman amendments, which shall be considered that there were over 500 accidental deaths changes his mind between now and as read, shall not be subject to amend- among children as a result of young and curi- then and wants to do other amend- ment or to a demand for a division of ous hands reaching for a gun as a toy. In my ments, that will be fine. home State of Texas, 32 children died as a re- the question in the House or in the Committee of the Whole, and shall be Mr. DREIER. Mr. Speaker, will the sult of accidentally fired handguns last year, gentleman yield? and 500 children died in my State as a result debatable for the time specified, equal- ly divided and controlled by the pro- Mr. MOLLOHAN. I yield to the gen- of firearm deaths in total. This is unaccept- tleman from California. able. ponent and a Member opposed thereto: Mr. TRAFICANT of Ohio related to a Mr. DREIER. Mr. Speaker, I would The high incidence of lethality of youth vio- just like to inquire of the chair of the lence demands a major national response. prison study for 5 minutes; Mr. COLLINS of Georgia for a colloquy subcommittee, it is my understanding The need for this type of legislation is even there are five pending recorded votes. more critical because younger and younger for 10 minutes; Mr. SANDERS of Vermont related to Mr. ROGERS. The gentleman is cor- children are accessing guns and becoming in- SBA offsets for 5 minutes; rect, there are five. creasingly involved in violence and gang activ- Mr. ENGEL of New York related to Mr. MOLLOHAN. Mr. Speaker, I ity. PTFP for 10 minutes; withdraw my reservation of objection. The rash of recent school shootings which Mr. ROYCE of California, to strike The CHAIRMAN. Is there objection occurred across several of our states are a ATP for 10 minutes; to the request of the gentleman from manifestation of not only a disturbing trend of Mr. ROGERS of Kentucky related to Kentucky? hostility among our young people, but also NOAA for 10 minutes; There was no objection. how accessible violent weapons are to our Mr. PALLONE of New Jersey related to f children. NOAA for 15 minutes; We must not only look at what leads chil- Mr. CALLAHAN of Alabama related to REPORT ON RESOLUTION PROVID- dren to kill other children, we must also take NOAA for 10 minutes; ING FOR CONSIDERATION OF responsibility for placing the tools of death Mr. FARR of California related to H.R. 3892, ENGLISH LANGUAGE within their reach. NOAA for 10 minutes; FLUENCY ACT The trigger lock amendment will prevent Mr. CALLAHAN of Alabama related to Mr. DREIER, from the Committee on children from shooting guns, either acciden- a general provision regarding fisheries Rules, submitted a privileged report tally or purposefully. It will help to save our for 20 minutes under the rule; (Rept. No. 105–675) on the resolution (H. young people's lives and protect our commu- Mr. GILCHREST of Maryland to strike Res. 516) providing for consideration of nities and our families from accidental gun vio- section 210 for 15 minutes; the bill (H.R. 3892) to amend the Ele- lence. Mr. BARTLETT of Maryland regarding Mr. Chairman, only at this time, I ask unani- UN arrears for 15 minutes; mentary and Secondary Education Act of 1965 to establish a program to help mous consent to withdraw this amendment in Mr. STEARNS of Florida regarding UN order to offer this amendment after we have arrears for 15 minutes; children and youth learn English, and fully educated the American people on this Ms. MILLENDER-MCDONALD of Califor- for other purposes, which was referred needed gun safety feature. nia regarding SBA for 5 minutes; to the House Calendar and ordered to Mr. Chairman, I ask unanimous con- Mr. TALENT of Missouri regarding be printed. sent to withdraw my amendment. SBA for 10 minutes; f and Mr. MOLLOHAN of West Virginia The CHAIRMAN. Is there objection DEPARTMENTS OF COMMERCE, regarding the census, made in order to the request of the gentlewoman JUSTICE, AND STATE, AND JUDI- under the rule, to title 2 be in order at from Texas? CIARY, AND RELATED AGENCIES a later point in the reading of the bill, There was no objection. APPROPRIATIONS ACT, 1999 Mr. ROGERS. Mr. Chairman, I move notwithstanding that title 2 may be that the Committee do now rise. closed. The SPEAKER pro tempore. Pursu- The motion was agreed to. The SPEAKER pro tempore. Is there ant to House Resolution 508 and rule Accordingly, the Committee rose; objection to the request of the gen- XXIII, the Chair declares the House in and the Speaker pro tempore (Mr. tleman from Kentucky? the Committee of the Whole House on August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7149 the State of the Union for the further abroad; purchase of passenger motor vehicles priations of the House and the Senate and consideration of the bill, H.R. 4276. for official use abroad, not to exceed $30,000 other appropriate Committees of the Con- per vehicle; obtain insurance on official gress are notified of such proposed action. b 2111 motor vehicles; and rent tie lines and tele- ECONOMIC DEVELOPMENT ADMINISTRATION IN THE COMMITTEE OF THE WHOLE type equipment; $284,123,000, to remain avail- ECONOMIC DEVELOPMENT ASSISTANCE able until expended, of which $1,600,000 is to PROGRAMS Accordingly, the House resolved be derived from fees to be retained and used For grants for economic development as- itself into the Committee of the Whole by the International Trade Administration, sistance as provided by the Public Works and House on the State of the Union for the notwithstanding 31 U.S.C. 3302: Provided, Economic Development Act of 1965, as further consideration of the bill (H.R. That, of the $296,616,000 provided for in direct amended, Public Law 91–304, and such laws obligations (of which $282,523,000 is appro- 4276) making appropriations for the De- that were in effect immediately before Sep- priated from the General Fund, $1,600,0000 is partments of Commerce, Justice and tember 30, 1982, and for trade adjustment as- derived from fee collections, and $12,493,000 is State, the Judiciary and related agen- sistance, $368,379,000: Provided, That none of derived from unobligated balances and the funds appropriated or otherwise made cies for the fiscal year ending Septem- deobligations from prior years), $49,225,000 available under this heading may be used di- ber 30, 1999, and for other purposes, shall be for Trade Development, $17,779,000 rectly or indirectly for attorneys’ or consult- with Mr. HASTINGS of Washington in shall be for Market Access and Compliance, ants’ fees in connection with securing grants the chair. $31,047,000 shall be for the Import Adminis- and contracts made by the Economic Devel- tration, $186,650,000 shall be for the United The Clerk read the title of the bill. opment Administration: Provided further, States and Foreign Commercial Service, and The CHAIRMAN. When the Commit- That, notwithstanding any other provision $11,915,000 shall be for Executive Direction tee of the Whole House rose earlier of law, the Secretary of Commerce may pro- today, the amendment of the gentle- and Administration: Provided further, That vide financial assistance for projects to be the provisions of the first sentence of section woman from Texas (Ms. JACKSON-LEE) located on military installations closed or 105(f) and all of section 108(c) of the Mutual scheduled for closure or realignment to had been disposed of. Educational and Cultural Exchange Act of Pursuant to the order of the House of grantees eligible for assistance under the 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply Public Works and Economic Development earlier today, the remainder of the bill in carrying out these activities without re- Act of 1965, as amended, without it being re- through title 6 is considered as read. gard to section 5412 of the Omnibus Trade quired that the grantee have title or ability The text of the remainder of the bill and Competitiveness Act of 1988 (15 U.S.C. to obtain a lease for the property, for the through title 6 is as follows: 4912); and that for the purpose of this Act, useful life of the project, when in the opinion This title may be cited as the ‘‘Department contributions under the provisions of the of the Secretary of Commerce, such financial of Justice Appropriations Act, 1999’’. Mutual Educational and Cultural Exchange assistance is necessary for the economic de- Act shall include payment for assessments TITLE II—DEPARTMENT OF COMMERCE velopment of the area: Provided further, That for services provided as part of these activi- AND RELATED AGENCIES the Secretary of Commerce may, as the Sec- ties. retary considers appropriate, consult with TRADE AND INFRASTRUCTURE DEVELOPMENT EXPORT ADMINISTRATION the Secretary of Defense regarding the title RELATED AGENCIES OPERATIONS AND ADMINISTRATION to land on military installations closed or OFFICE OF THE UNITED STATES TRADE For necessary expenses for export adminis- scheduled for closure or realignment. REPRESENTATIVE tration and national security activities of SALARIES AND EXPENSES SALARIES AND EXPENSES the Department of Commerce, including For necessary expenses of administering For necessary expenses of the Office of the costs associated with the performance of ex- the economic development assistance pro- United States Trade Representative, includ- port administration field activities both do- grams as provided for by law, $25,000,000: Pro- ing the hire of passenger motor vehicles and mestically and abroad; full medical coverage vided, That these funds may be used to mon- the employment of experts and consultants for dependent members of immediate fami- itor projects approved pursuant to title I of as authorized by 5 U.S.C. 3109, $24,000,000: lies of employees stationed overseas; em- the Public Works Employment Act of 1976, as Provided, That not to exceed $98,000 shall be ployment of Americans and aliens by con- amended, title II of the Trade Act of 1974, as available for official reception and represen- tract for services abroad; rental of space amended, and the Community Emergency tation expenses. abroad for periods not exceeding ten years, Drought Relief Act of 1977. and expenses of alteration, repair, or im- INTERNATIONAL TRADE COMMISSION MINORITY BUSINESS DEVELOPMENT AGENCY provement; payment of tort claims, in the MINORITY BUSINESS DEVELOPMENT SALARIES AND EXPENSES manner authorized in the first paragraph of For necessary expenses of the Inter- 28 U.S.C. 2672 when such claims arise in for- For necessary expenses of the Department national Trade Commission, including hire eign countries; not to exceed $15,000 for offi- of Commerce in fostering, promoting, and of passenger motor vehicles, and services as cial representation expenses abroad; awards developing minority business enterprise, in- authorized by 5 U.S.C. 3109, and not to exceed of compensation to informers under the Ex- cluding expenses of grants, contracts, and $2,500 for official reception and representa- port Administration Act of 1979, and as au- other agreements with public or private or- tion expenses, $44,200,000, to remain available thorized by 22 U.S.C. 401(b); purchase of pas- ganizations, $25,276,000. until expended. senger motor vehicles for official use and ECONOMIC AND INFORMATION INFRASTRUCTURE DEPARTMENT OF COMMERCE motor vehicles for law enforcement use with ECONOMIC AND STATISTICAL ANALYSIS special requirement vehicles eligible for pur- SALARIES AND EXPENSES INTERNATIONAL TRADE ADMINISTRATION chase without regard to any price limitation For necessary expenses, as authorized by OPERATIONS AND ADMINISTRATION otherwise established by law; $47,777,000, to law, of economic and statistical analysis pro- For necessary expenses for international remain available until expended, of which grams of the Department of Commerce, trade activities of the Department of Com- $3,877,000 shall be for inspections and other $48,000,000, to remain available until Septem- merce provided for by law, and engaging in activities related to national security: Pro- ber 30, 2000. trade promotional activities abroad, includ- vided, That the provisions of the first sen- BUREAU OF THE CENSUS ing expenses of grants and cooperative agree- tence of section 105(f) and all of section 108(c) ments for the purpose of promoting exports of the Mutual Educational and Cultural Ex- SALARIES AND EXPENSES of United States firms, without regard to 44 change Act of 1961 (22 U.S.C. 2455(f) and For expenses necessary for collecting, com- U.S.C. 3702 and 3703; full medical coverage for 2458(c)) shall apply in carrying out these ac- piling, analyzing, preparing, and publishing dependent members of immediate families of tivities: Provided further, That payments and statistics, provided for by law, $140,147,000. employees stationed overseas and employees contributions collected and accepted for ma- PERIODIC CENSUSES AND PROGRAMS temporarily posted overseas; travel and terials or services provided as part of such For expenses necessary to conduct the de- transportation of employees of the United activities may be retained for use in cover- cennial census, $951,936,000 to remain avail- States and Foreign Commercial Service be- ing the cost of such activities, and for pro- able until expended: Provided, That, of this tween two points abroad, without regard to viding information to the public with respect amount, $475,968,000 shall not be available for 49 U.S.C. 1517; employment of Americans and to the export administration and national obligation or expenditure until after March aliens by contract for services; rental of security activities of the Department of 31, 1999, and until the following shall have space abroad for periods not exceeding ten Commerce and other export control pro- occurred: (1) not later than March 15, 1999, years, and expenses of alteration, repair, or grams of the United States and other govern- the President has submitted a request to re- improvement; purchase or construction of ments: Provided further, That no funds may lease the funds, and such request shall in- temporary demountable exhibition struc- be obligated or expended for processing li- clude the President’s estimate of the expend- tures for use abroad; payment of tort claims, censes for the export of satellites of United itures required for the completion of the de- in the manner authorized in the first para- States origin (including commercial sat- cennial census; and (2) the Congress has en- graph of 28 U.S.C. 2672 when such claims ellites and satellite components) to the Peo- acted legislation making available the unob- arise in foreign countries; not to exceed ple’s Republic of China, unless, at least 15 ligated and unexpended funds: Provided fur- $327,000 for official representation expenses days in advance, the Committees on Appro- ther, That the Congress is required to take H7150 CONGRESSIONAL RECORD — HOUSE August 4, 1998 legislative action on such legislation not PATENT AND TRADEMARK OFFICE vided further, That the Center’s most recent later than March 31, 1999. SALARIES AND EXPENSES performance evaluation is positive, and the In addition, for necessary expenses of the For necessary expenses of the Patent and Center has submitted a reapplication which Census Monitoring Board as authorized by Trademark Office provided for by law, in- has successfully passed merit review. section 210 of Public Law 105–119, $4,000,000, cluding defense of suits instituted against In addition, for necessary expenses of the to remain available until expended. the Commissioner of Patents and Trade- Advanced Technology Program of the Na- In addition, for expenses to collect and marks, $653,526,000, to remain available until tional Institute of Standards and Tech- publish statistics for other periodic censuses expended: Provided, That, of this amount, nology, $180,200,000, to remain available until and programs provided for by law, $653,526,000 shall be derived from offsetting expended, of which not to exceed $43,000,000 $155,951,000, to remain available until ex- collections assessed and collected pursuant shall be available for the award of new pended. to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 and grants, and of which not to exceed $500,000 shall be retained and used for necessary ex- may be transferred to the ‘‘Working Capital NATIONAL TELECOMMUNICATIONS AND penses in this appropriation: Provided further, Fund’’. INFORMATION ADMINISTRATION That the sum herein appropriated from the CONSTRUCTION OF RESEARCH FACILITIES SALARIES AND EXPENSES General Fund shall be reduced as such offset- For construction of new research facilities, For necessary expenses, as provided for by ting collections are received during fiscal including architectural and engineering de- law, of the National Telecommunications year 1999, so as to result in final fiscal year sign, and for renovation of existing facilities, and Information Administration (NTIA), 1999 appropriation from the General Fund es- not otherwise provided for the National In- $10,940,000, to remain available until ex- timated at $0: Provided further, That, during stitute of Standards and Technology, as au- pended: Provided, That, notwithstanding 31 fiscal year 1999, should the total amount of thorized by 15 U.S.C. 278c–278e, $56,714,000, to U.S.C. 1535(d), the Secretary of Commerce offsetting fee collections be less than remain available until expended: Provided, shall charge Federal agencies for costs in- $653,526,000, the total amounts available to That of the amounts provided under this curred in spectrum management, analysis, the Patent and Trademark Office shall be re- heading, $40,000,000 shall be available for ob- and operations, and related services and such duced accordingly: Provided further, That any ligation and expenditure only after submis- fees shall be retained and used as offsetting amount received in excess of $653,526,000 in sion of a plan for the expenditure of these collections for costs of such spectrum serv- fiscal year 1999 shall remain available until funds, in accordance with section 605 of this ices, to remain available until expended: Pro- expended, but shall not be available for obli- Act. vided further, That hereafter, notwithstand- gation until October 1, 1999. NATIONAL OCEANIC AND ATMOSPHERIC ing any other provision of law, NTIA shall In addition, upon enactment of legislation ADMINISTRATION to increase fees collected pursuant to 35 not authorize spectrum use or provide any OPERATIONS, RESEARCH, AND FACILITIES spectrum functions pursuant to the NTIA Or- U.S.C. 41, such fees shall be collected and (INCLUDING TRANSFER OF FUNDS) ganization Act, 47 U.S.C. 902–903, to any Fed- credited to this account as offsetting collec- eral entity without reimbursement as re- tions and shall remain available until ex- For necessary expenses of activities au- quired by NTIA for such spectrum manage- pended: Provided, That not to exceed thorized by law for the National Oceanic and ment costs, and Federal entities withholding $102,000,000 of such amounts collected shall Atmospheric Administration, including payment of such cost shall not use spectrum: be available for obligation in fiscal year 1999 maintenance, operation, and hire of aircraft; Provided further, That the Secretary of Com- for purposes as authorized by law: Provided not to exceed 240 commissioned officers on merce is authorized to retain and use as off- further, That any amount received in excess the active list as of September 30, 1999; setting collections all funds transferred, or of $102,000,000 in fiscal year 1999 shall remain grants, contracts, or other payments to non- previously transferred, from other Govern- available until expended, but shall not be profit organizations for the purposes of con- ment agencies for all costs incurred in tele- available for obligation until October 1, 1999. ducting activities pursuant to cooperative communications research, engineering, and SCIENCE AND TECHNOLOGY agreements; and relocation of facilities as authorized by 33 U.S.C. 883i; $1,470,042,000, to related activities by the Institute for Tele- TECHNOLOGY ADMINISTRATION communication Sciences of the NTIA, in fur- remain available until expended: Provided, UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF That fees and donations received by the Na- therance of its assigned functions under this TECHNOLOGY POLICY paragraph, and such funds received from tional Ocean Service for the management of SALARIES AND EXPENSES other Government agencies shall remain the national marine sanctuaries may be re- available until expended. For necessary expenses for the Under Sec- tained and used for the salaries and expenses retary for Technology/Office of Technology associated with those activities, notwith- PUBLIC TELECOMMUNICATIONS FACILITIES, Policy, $9,000,000, of which not to exceed standing 31 U.S.C. 3302: Provided further, PLANNING AND CONSTRUCTION $1,000,000 shall remain available until Sep- That, in addition, $62,381,000 shall be derived For grants authorized by section 392 of the tember 30, 2000. by transfer from the fund entitled ‘‘Promote Communications Act of 1934, as amended, NATIONAL INSTITUTE OF STANDARDS AND and Develop Fishery Products and Research $21,000,000, to remain available until ex- TECHNOLOGY Pertaining to American Fisheries’’: Provided further, That grants to States pursuant to pended as authorized by section 391 of the SCIENTIFIC AND TECHNICAL RESEARCH AND sections 306 and 306A of the Coastal Zone Act, as amended: Provided, That not to ex- SERVICES ceed $1,800,000, shall be available for program Management Act of 1972, as amended, shall For necessary expenses of the National In- not exceed $2,000,000: Provided further, That, administration as authorized by section 391 stitute of Standards and Technology, of the Act: Provided further, That notwith- of the $1,578,933,000 provided for in direct ob- $280,470,000, to remain available until ex- ligations under this heading (of which standing the provisions of section 391 of the pended, of which not to exceed $1,800,000 may Act, the prior year unobligated balances may $1,470,042,000 is appropriated from the general be transferred to the ‘‘Working Capital fund, $74,895,000 is provided by transfer, and be made available for grants for projects for Fund’’. which applications have been submitted and $33,996,000 is derived from unobligated bal- approved during any fiscal year. INDUSTRIAL TECHNOLOGY SERVICES ances and deobligations from prior years), For necessary expenses of the Manufactur- $244,933,000 shall be for the National Ocean INFORMATION INFRASTRUCTURE GRANTS ing Extension Partnership of the National Service, $339,732,000 shall be for the National For grants authorized by section 392 of the Institute of Standards and Technology, Marine Fisheries Service, $254,830,000 shall be Communications Act of 1934, as amended, $106,800,000, to remain available until ex- for Oceanic and Atmospheric Research, $16,000,000, to remain available until ex- pended: Provided, That, notwithstanding the $551,747,000 shall be for the National Weather pended as authorized by section 391 of the time limitations imposed by 15 U.S.C. 278k(c) Service, $104,232,000 shall be for the National Act, as amended: Provided, That not to ex- (1) and (5) on the duration of Federal finan- Environmental Satellite, Data, and Informa- ceed $3,000,000 shall be available for program cial assistance that may be awarded by the tion Service, $63,894,000 shall be for Program administration and other support activities Secretary of Commerce to Regional Centers Support, $6,300,000 shall be for Fleet Mainte- as authorized by section 391: Provided further, for the Transfer of Manufacturing Tech- nance, and $13,265,000 shall be for Facilities That, of the funds appropriated herein, not nology (‘‘Centers’’), such Federal financial Maintenance: Provided further, That, not to to exceed 5 percent may be available for tele- assistance for a Center may continue beyond exceed $31,069,000 shall be expended for Exec- communications research activities for 6 years and may be renewed for additional utive Direction and Administration, which projects related directly to the development periods, not to exceed 1 year, at a rate not to consists of the Offices of the Under Sec- of a national information infrastructure: exceed one-third of the Center’s total annual retary, the Executive Secretariat, Policy and Provided further, That, notwithstanding the costs or the level of funding in the sixth Strategic Planning, International Affairs, requirements of section 392(a) and 392(c) of year, whichever is less, subject before any Legislative Affairs, Public Affairs, Sustain- the Act, these funds may be used for the such renewal to a positive evaluation of the able Development, the Chief Scientist, and planning and construction of telecommuni- Center and to a finding by the Secretary of the General Counsel: Provided further, That cations networks for the provision of edu- Commerce that continuation of Federal the aforementioned offices shall not be aug- cational, cultural, health care, public infor- funding to the Center is in the best interest mented by personnel details, temporary mation, public safety, or other social serv- of the Regional Centers for the Transfer of transfers of personnel on either a reimburs- ices. Manufacturing Technology Program: Pro- able or nonreimbursable basis or any other August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7151 type of formal or informal transfer or reim- merce provided for by law, including not to ganizations: Provided, That the plan shall in- bursement of personnel or funds on either a exceed $3,000 for official entertainment, clude a proposal for transferring or rescind- temporary or long-term basis: Provided fur- $28,900,000. ing funds appropriated herein for agencies or ther, That not to exceed $77,843,000 shall be OFFICE OF INSPECTOR GENERAL programs terminated under such legislation: Provided further, That such plan shall be expended for central administrative support For necessary expenses of the Office of In- transmitted in accordance with section 605 of and common services not otherwise provided spector General in carrying out the provi- for under ‘‘Program Support’’ except in ac- this Act. sions of the Inspector General Act of 1978, as (b) The Secretary of Commerce or the ap- cordance with the procedures set forth in amended (5 U.S.C. App.), $21,400,000. section 605 of this Act: Provided further, propriate head of any successor organization That, except as provided for in the previous PATENT AND TRADEMARK OFFICE may use any available funds to carry out leg- proviso, no additional administrative charge SALARIES AND EXPENSES islation dismantling or reorganizing the De- or other assessment shall be applied against (RESCISSION) partment of Commerce, or any portion there- any program, project, or activity for which of, to cover the costs of actions relating to Of the unobligated balances available the abolishment, reorganization, or transfer funds are provided under this heading unless under this heading from prior year appro- explicitly provided for in this Act: Provided of functions and any related personnel ac- priations, fees collected in this fiscal year, tion, including voluntary separation incen- further, That any use of deobligated balances and balances of prior year fees, $41,000,000 are tives if authorized by such legislation: Pro- of funds provided under this heading in pre- rescinded. vided, That the authority to transfer funds vious years shall be subject to the proce- NATIONAL OCEANIC AND ATMOSPHERIC between appropriations accounts that may dures set forth in section 605 of this Act. ADMINISTRATION be necessary to carry out this section is pro- PROCUREMENT, ACQUISITION AND CONSTRUCTION PROCUREMENT, ACQUISITION AND CONSTRUCTION vided in addition to authorities included (INCLUDING TRANSFER OF FUNDS) under section 205 of this Act: Provided fur- (RESCISSION) For procurement, acquisition and con- ther, That use of funds to carry out this sec- Of the unobligated balances available struction of capital assets, including alter- tion shall be treated as a reprogramming of under this heading, $5,000,000 are rescinded. ation and modification costs, of the National funds under section 605 of this Act and shall Oceanic and Atmospheric Administration, GENERAL PROVISIONS—DEPARTMENT OF not be available for obligation or expendi- $538,439,000, to remain available until ex- COMMERCE ture except in compliance with the proce- pended: Provided, That not to exceed SEC. 201. During the current fiscal year, ap- dures set forth in that section. $67,667,000 is available for the advanced plicable appropriations and funds made SEC. 207. Any costs incurred by a depart- weather interactive processing system, and available to the Department of Commerce by ment or agency funded under this title re- may be available for obligation and expendi- this Act shall be available for the activities sulting from personnel actions taken in re- ture only pursuant to a certification by the specified in the Act of October 26, 1949 (15 sponse to funding reductions included in this Secretary of Commerce that the total cost to U.S.C. 1514), to the extent and in the manner title or from actions taken for the care and complete the acquisition and deployment of prescribed by the Act, and, notwithstanding protection of loan collateral or grant prop- the advanced weather interactive processing 31 U.S.C. 3324, may be used for advanced pay- erty shall be absorbed within the total budg- system through Build 4.2 and NOAA Port ments not otherwise authorized only upon etary resources available to such department system, including program management, op- the certification of officials designated by or agency: Provided, That the authority to erations, and maintenance costs through de- the Secretary of Commerce that such pay- transfer funds between appropriations ac- ployment, will not exceed $71,790,000: Pro- ments are in the public interest. counts as may be necessary to carry out this section is provided in addition to authorities vided further, That unexpended balances of SEC. 202. During the current fiscal year, ap- included elsewhere in this Act: amounts previously made available in the propriations made available to the Depart- Provided fur- ther, That use of funds to carry out this sec- ‘‘Operations, Research, and Facilities’’ ac- ment of Commerce by this Act for salaries tion shall be treated as a reprogramming of count for activities funded under this head- and expenses shall be available for hire of funds under section 605 of this Act and shall ing may be transferred to and merged with passenger motor vehicles as authorized by 31 not be available for obligation or expendi- this account, to remain available until ex- U.S.C. 1343 and 1344; services as authorized ture except in compliance with the proce- pended for the purposes for which the funds by 5 U.S.C. 3109; and uniforms or allowances dures set forth in that section. were originally appropriated. therefore, as authorized by law (5 U.S.C. SEC. 208. The Secretary of Commerce may COASTAL ZONE MANAGEMENT FUND 5901–5902). award contracts for hydrographic, geodetic, SEC. 203. None of the funds made available Of amounts collected pursuant to section and photogrammetric surveying and map- by this Act may be used to support the hurri- 308 of the Coastal Zone Management Act of ping services in accordance with title IX of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, cane reconnaissance aircraft and activities the Federal Property and Administrative for purposes set forth in sections 308(b)(2)(A), that are under the control of the United Services Act of 1949 (40 U.S.C. 541 et seq.). States Air Force or the United States Air 308(b)(2)(B)(v), and 315(e) of such Act. SEC. 209. The Secretary of Commerce may Force Reserve. FISHERMEN’S CONTINGENCY FUND use the Commerce franchise fund for ex- SEC. 204. None of the funds provided in this penses and equipment necessary for the For carrying out the provisions of title IV or any previous Act, or hereinafter made maintenance and operation of such adminis- of Public Law 95–372, not to exceed $953,000, available to the Department of Commerce, trative services as the Secretary determines to be derived from receipts collected pursu- shall be available to reimburse the Unem- may be performed more advantageously as ant to that Act, to remain available until ex- ployment Trust Fund or any other fund or central services, pursuant to section 403 of pended. account of the Treasury to pay for any ex- Public Law 103–356: Provided, That any inven- FOREIGN FISHING OBSERVER FUND penses paid before October 1, 1992, as author- tories, equipment, and other assets pertain- For expenses necessary to carry out the ized by section 8501 of title 5, United States ing to the services to be provided by such provisions of the Atlantic Tunas Convention Code, for services performed after April 20, fund, either on hand or on order, less the re- Act of 1975, as amended (Public Law 96–339), 1990, by individuals appointed to temporary lated liabilities or unpaid obligations, and and the Magnuson-Stevens Fishery Con- positions within the Bureau of the Census for any appropriations made for the purpose of servation and Management Act of 1976, as purposes relating to the 1990 decennial cen- providing capital shall be used to capitalize amended (Public Law 100–627), to be derived sus of population. such fund: Provided further, That such fund from the fees imposed under the foreign fish- SEC. 205. Not to exceed 5 percent of any ap- shall be paid in advance from funds available ery observer program authorized by these propriation made available for the current to the Department and other Federal agen- Acts, not to exceed $189,000, to remain avail- fiscal year for the Department of Commerce cies for which such centralized services are able until expended. in this Act may be transferred between such performed, at rates which will return in full FISHERIES FINANCE PROGRAM ACCOUNT appropriations, but no such appropriation all expenses of operation, including accrued shall be increased by more than 10 percent For the cost of direct loans, $238,000, as au- leave, depreciation of fund plant and equip- by any such transfers: Provided, That any thorized by the Merchant Marine Act of 1936, ment, amortization of automated data proc- transfer pursuant to this section shall be as amended: Provided, That such costs, in- essing (ADP) software and systems (either treated as a reprogramming of funds under cluding the cost of modifying such loans, acquired or donated), and an amount nec- section 605 of this Act and shall not be avail- shall be as defined in section 502 of the Con- essary to maintain a reasonable operating able for obligation or expenditure except in gressional Budget Act of 1974: Provided fur- reserve, as determined by the Secretary: Pro- compliance with the procedures set forth in ther, That none of the funds made available vided further, That such fund shall provide that section. under this heading may be used for direct services on a competitive basis: Provided fur- SEC. 206. (a) Should legislation be enacted loans for any new fishing vessel that will in- ther, That an amount not to exceed 4 percent to dismantle or reorganize the Department crease the harvesting capacity in any United of the total annual income to such fund may of Commerce, or any portion thereof, the be retained in the fund for fiscal year 1999 States fishery. Secretary of Commerce, no later than 90 and each fiscal year thereafter, to remain GENERAL ADMINISTRATION days thereafter, shall submit to the Commit- available until expended, to be used for the SALARIES AND EXPENSES tees on Appropriations of the House and the acquisition of capital equipment, and for the For expenses necessary for the general ad- Senate a plan for transferring funds provided improvement and implementation of Depart- ministration of the Department of Com- in this Act to the appropriate successor or- ment financial management, ADP, and other H7152 CONGRESSIONAL RECORD — HOUSE August 4, 1998

support systems: Provided further, That such until expended for space alteration projects; ADMINISTRATIVE OFFICE OF THE UNITED amounts retained in the fund for fiscal year and of which not to exceed $10,000,000 shall STATES COURTS 1999 and each fiscal year thereafter shall be remain available until expended for fur- SALARIES AND EXPENSES available for obligation and expenditure only niture and furnishings related to new space For necessary expenses of the Administra- in accordance with section 605 of this Act: alteration and construction projects. tive Office of the United States Courts as au- Provided further, That no later than 30 days In addition, for expenses of the United thorized by law, including travel as author- after the end of each fiscal year, amounts in States Court of Federal Claims associated ized by 31 U.S.C. 1345, hire of a passenger excess of this reserve limitation shall be de- with processing cases under the National motor vehicle as authorized by 31 U.S.C. posited as miscellaneous receipts in the Childhood Vaccine Injury Act of 1986, not to 1343(b), advertising and rent in the District Treasury: Provided further, That such fran- exceed $2,515,000, to be appropriated from the of Columbia and elsewhere, $54,500,000, of chise fund pilot program shall terminate Vaccine Injury Compensation Trust Fund. which not to exceed $7,500 is authorized for pursuant to section 403(f) of Public Law 103– official reception and representation ex- VIOLENT CRIME REDUCTION PROGRAMS 356. penses. SEC. 210. Section 101 of the Magnuson-Ste- For activities of the Federal Judiciary as FEDERAL JUDICIAL CENTER vens Fishery Conservation and Management authorized by law, $60,000,000, to remain SALARIES AND EXPENSES Act (16 U.S.C. 1811) is amended— available until expended, which shall be de- For necessary expenses of the Federal Ju- (1) in subsection (a), by inserting ‘‘sub- rived from the Violent Crime Reduction dicial Center, as authorized by Public Law section (c) of this section and’’ after ‘‘Except Trust Fund, as authorized by section 90–219, $18,000,000; of which $1,800,000 shall re- as provided in’’; and 190001(a) of Public Law 103–322, and sections main available through September 30, 2000, (2) by adding at the end the following: 818 and 823 of Public Law 104–132. to provide education and training to Federal ‘‘(c) EXCLUSIVE STATE FISHERY MANAGE- DEFENDER SERVICES court personnel; and of which not to exceed MENT AUTHORITY IN GULF OF MEXICO.—Each For the operation of Federal Public De- $1,000 is authorized for official reception and of the States of Alabama, Louisiana, and representation expenses. Mississippi has exclusive fishery manage- fender and Community Defender organiza- ment authority over all fish in the Gulf of tions; the compensation and reimbursement JUDICIAL RETIREMENT FUNDS Mexico within 9 miles of the coast of that of expenses of attorneys appointed to rep- PAYMENT TO JUDICIARY TRUST FUNDS State.’’. resent persons under the Criminal Justice For payment to the Judicial Officers’ Re- This title may be cited as the ‘‘Department Act of 1964, as amended; the compensation tirement Fund, as authorized by 28 U.S.C. of Commerce and Related Agencies Appro- and reimbursement of expenses of persons 377(o), $27,500,000; to the Judicial Survivors’ priations Act, 1999’’. furnishing investigative, expert and other Annuities Fund, as authorized by 28 U.S.C. TITLE III—THE JUDICIARY services under the Criminal Justice Act (18 376(c), $7,800,000; and to the United States U.S.C. 3006A(e)); the compensation (in ac- Court of Federal Claims Judges’ Retirement SUPREME COURT OF THE UNITED STATES cordance with Criminal Justice Act maxi- Fund, as authorized by 28 U.S.C. 178(l), SALARIES AND EXPENSES mums) and reimbursement of expenses of at- $2,000,000. For expenses necessary for the operation of torneys appointed to assist the court in UNITED STATES SENTENCING COMMISSION the Supreme Court, as required by law, ex- criminal cases where the defendant has SALARIES AND EXPENSES cluding care of the building and grounds, in- waived representation by counsel; the com- For the salaries and expenses necessary to cluding purchase or hire, driving, mainte- pensation and reimbursement of travel ex- carry out the provisions of chapter 58 of title nance, and operation of an automobile for penses of guardians ad litem acting on behalf 28, United States Code, $9,600,000, of which the Chief Justice, not to exceed $10,000 for of financially eligible minor or incompetent not to exceed $1,000 is authorized for official the purpose of transporting Associate Jus- offenders in connection with transfers from reception and representation expenses. the United States to foreign countries with tices, and hire of passenger motor vehicles as GENERAL PROVISIONS—THE JUDICIARY authorized by 31 U.S.C. 1343 and 1344; not to which the United States has a treaty for the SEC. 301. Appropriations and authoriza- exceed $10,000 for official reception and rep- execution of penal sentences; and the com- tions made in this title which are available resentation expenses; and for miscellaneous pensation of attorneys appointed to rep- for salaries and expenses shall be available resent jurors in civil actions for the protec- expenses, to be expended as the Chief Justice for services as authorized by 5 U.S.C. 3109. tion of their employment, as authorized by may approve; $31,095,000. SEC. 302. Not to exceed 5 percent of any ap- CARE OF THE BUILDING AND GROUNDS 28 U.S.C. 1875(d); $360,952,000, to remain avail- propriation made available for the current able until expended as authorized by 18 For such expenditures as may be necessary fiscal year for the Judiciary in this Act may U.S.C. 3006A(i). to enable the Architect of the Capitol to be transferred between such appropriations, carry out the duties imposed upon the Archi- FEES OF JURORS AND COMMISSIONERS but no such appropriation, except ‘‘Courts of tect by the Act approved May 7, 1934 (40 For fees and expenses of jurors as author- Appeals, District Courts, and Other Judicial Services, Defender Services’’ and ‘‘Courts of U.S.C. 13a–13b), $5,400,000, of which $2,364,000 ized by 28 U.S.C. 1871 and 1876; compensation Appeals, District Courts, and Other Judicial shall remain available until expended. of jury commissioners as authorized by 28 Services, Fees of Jurors and Commis- UNITED STATES COURT OF APPEALS FOR THE U.S.C. 1863; and compensation of commis- sioners’’, shall be increased by more than 10 FEDERAL CIRCUIT sioners appointed in condemnation cases percent by any such transfers: Provided, That pursuant to rule 71A(h) of the Federal Rules SALARIES AND EXPENSES any transfer pursuant to this section shall be of Civil Procedure (28 U.S.C. Appendix Rule For salaries of the chief judge, judges, and treated as a reprogramming of funds under 71A(h)); $67,000,000, to remain available until other officers and employees, and for nec- section 605 of this Act and shall not be avail- expended: Provided, That the compensation essary expenses of the court, as authorized able for obligation or expenditure except in by law, $16,143,000. of land commissioners shall not exceed the compliance with the procedures set forth in daily equivalent of the highest rate payable that section. UNITED STATES COURT OF INTERNATIONAL under section 5332 of title 5, United States TRADE SEC. 303. Notwithstanding any other provi- Code. sion of law, the salaries and expenses appro- SALARIES AND EXPENSES COURT SECURITY priation for district courts, courts of ap- For salaries of the chief judge and 8 judges, peals, and other judicial services shall be For necessary expenses, not otherwise pro- salaries of the officers and employees of the available for official reception and represen- vided for, incident to the procurement, in- court, services as authorized by 5 U.S.C. 3109, tation expenses of the Judicial Conference of stallation, and maintenance of security and necessary expenses of the court, as au- the United States: Provided, That such avail- equipment and protective services for the thorized by law, $11,822,000. able funds shall not exceed $10,000 and shall United States Courts in courtrooms and ad- COURTS OF APPEALS, DISTRICT COURTS, AND be administered by the Director of the Ad- jacent areas, including building ingress- OTHER JUDICIAL SERVICES ministrative Office of the United States egress control, inspection of packages, di- SALARIES AND EXPENSES Courts in the capacity as Secretary of the rected security patrols, and other similar ac- Judicial Conference. For the salaries of circuit and district tivities as authorized by section 1010 of the This title may be cited as ‘‘The Judiciary judges (including judges of the territorial Judicial Improvement and Access to Justice Appropriations Act, 1999’’. courts of the United States), justices and Act (Public Law 100–702); $174,100,000, of TITLE IV—DEPARTMENT OF STATE AND judges retired from office or from regular ac- which not to exceed $10,000,000 shall remain RELATED AGENCIES tive service, judges of the United States available until expended for security sys- Court of Federal Claims, bankruptcy judges, tems, to be expended directly or transferred DEPARTMENT OF STATE magistrate judges, and all other officers and to the United States Marshals Service, which ADMINISTRATION OF FOREIGN AFFAIRS employees of the Federal Judiciary not oth- shall be responsible for administering ele- DIPLOMATIC AND CONSULAR PROGRAMS erwise specifically provided for, and nec- ments of the Judicial Security Program con- For necessary expenses of the Department essary expenses of the courts, as authorized sistent with standards or guidelines agreed of State and the Foreign Service not other- by law, $2,848,329,000 (including the purchase to by the Director of the Administrative Of- wise provided for, including expenses author- of firearms and ammunition); of which not to fice of the United States Courts and the At- ized by the State Department Basic Authori- exceed $13,454,000 shall remain available torney General. ties Act of 1956, as amended; representation August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7153 to certain international organizations in Public Law 103–236 shall not apply to funds INTERNATIONAL ORGANIZATIONS AND which the United States participates pursu- available under this heading. CONFERENCES ant to treaties, ratified pursuant to the ad- OFFICE OF INSPECTOR GENERAL CONTRIBUTIONS TO INTERNATIONAL vice and consent of the Senate, or specific ORGANIZATIONS For necessary expenses of the Office of In- Acts of Congress; acquisition by exchange or For expenses, not otherwise provided for, spector General in carrying out the provi- purchase of passenger motor vehicles as au- necessary to meet annual obligations of sions of the Inspector General Act of 1978, as thorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), membership in international multilateral or- and 22 U.S.C. 2674; and for expenses of gen- amended (5 U.S.C. App.), $28,000,000, notwith- ganizations, pursuant to treaties ratified eral administration; $1,641,000,000: Provided, standing section 209(a)(1) of the Foreign pursuant to the advice and consent of the That, of the amount made available under Service Act of 1980, as amended (Public Law Senate, conventions or specific Acts of Con- this heading, not to exceed $4,000,000 may be 96–465), as it relates to post inspections. gress, $915,000,000: Provided, That any pay- transferred to, and merged with, funds in the REPRESENTATION ALLOWANCES ment of arrearages shall be directed toward ‘‘Emergencies in the Diplomatic and Con- special activities that are mutually agreed For representation allowances as author- sular Service’’ appropriations account, to be upon by the United States and the respective ized by section 905 of the Foreign Service Act available only for emergency evacuations international organization: Provided further, and terrorism rewards: Provided further, That of 1980, as amended (22 U.S.C. 4085), $4,200,000. That none of the funds appropriated in this notwithstanding any other provision of law, PROTECTION OF FOREIGN MISSIONS AND paragraph shall be available for a United not to exceed $250,000,000 of offsetting collec- OFFICIALS States contribution to an international orga- tions derived from fees collected under the For expenses, not otherwise provided, to nization for the United States share of inter- est costs made known to the United States authority of section 140(a)(1) of the Foreign enable the Secretary of State to provide for Government by such organization for loans Relations Authorization Act, Fiscal Years extraordinary protective services in accord- incurred on or after October 1, 1984, through 1994 and 1995 (Public Law 103–236) during fis- ance with the provisions of section 214 of the external borrowings: Provided further, That, cal year 1999 shall be retained and used for State Department Basic Authorities Act of of the funds appropriated in this paragraph, authorized expenses in this appropriation 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, and shall remain available until expended: $100,000,000 may be made available only on a $8,100,000, to remain available until Septem- semi-annual basis pursuant to a certification Provided further, That any fees received in ber 30, 2000. excess of $250,000,000 in fiscal year 1999 shall by the Secretary of State on a semi-annual remain available until expended, but shall SECURITY AND MAINTENANCE OF UNITED STATES basis, that the United Nations has taken no not be available for obligation until October MISSIONS action during the preceding 6 months to in- crease funding for any United Nations pro- 1, 1999. For necessary expenses for carrying out gram without identifying an offsetting de- In addition, not to exceed $700,000 in reg- the Foreign Service Buildings Act of 1926, as crease during that 6-month period elsewhere istration fees collected pursuant to section amended (22 U.S.C. 292–300), preserving, in the United Nations budget and cause the 38 of the Arms Export Control Act, as maintaining, repairing, and planning for, United Nations to exceed the expected re- amended, may be used in accordance with buildings that are owned or directly leased section 45 of the State Department Basic Au- form budget for the biennium 1998–1999 of by the Department of State, and carrying $2,533,000,000: Provided further, That not to thorities Act of 1956 (22 U.S.C. 2717); in addi- out the Diplomatic Security Construction tion, not to exceed $1,252,000 shall be derived exceed $15,000,000 shall be transferred from Program as authorized by title IV of the Om- funds made available under this heading to from fees collected from other executive nibus Diplomatic Security and agencies for lease or use of facilities located the ‘‘International Conferences and Contin- Antiterrorism Act of 1986 (22 U.S.C. 4851), gencies’’ account for United States contribu- at the International Center in accordance $396,000,000, to remain available until ex- with section 4 of the International Center tions to the Comprehensive Nuclear Test pended as authorized by section 24(c) of the Ban Treaty Preparatory Commission, except Act (Public Law 90–553), as amended; in addi- State Department Basic Authorities Act of tion, as authorized by section 5 of such Act, that such transferred funds may be obligated 1956 (22 U.S.C. 2696(c)): Provided, That none of or expended only for Commission meetings $490,000, to be derived from the reserve au- the funds appropriated in this paragraph thorized by that section, to be used for the and sessions, provisional technical secretar- shall be available for acquisition of furniture iat salaries and expenses, other Commission purposes set out in that section; and, in addi- and furnishings and generators for other de- tion, not to exceed $15,000, which shall be de- administrative and training activities, in- partments and agencies. cluding purchase of training equipment, and rived from reimbursements, surcharges, and upgrades to existing internationally based fees for use of Blair House facilities in ac- EMERGENCIES IN THE DIPLOMATIC AND monitoring systems involved in cooperative cordance with section 46 of the State Depart- CONSULAR SERVICE data sharing agreements with the United ment Basic Authorities Act of 1956 (22 U.S.C. For expenses necessary to enable the Sec- States as of the date of enactment of this 2718(a)). retary of State to meet unforeseen emer- Notwithstanding section 402 of this Act, Act, until the United States Senate ratifies gencies arising in the Diplomatic and Con- the Comprehensive Nuclear Test Ban Treaty. not to exceed 20 percent of the amounts sular Service pursuant to the requirement of made available in this Act in the appropria- 31 U.S.C. 3526(e), $5,500,000 to remain avail- CONTRIBUTIONS FOR INTERNATIONAL tion accounts ‘‘Diplomatic and Consular Pro- able until expended as authorized by section PEACEKEEPING ACTIVITIES grams’’ and ‘‘Salaries and Expenses’’ under 24(c) of the State Department Basic Authori- For necessary expenses to pay assessed and the heading ‘‘Administration of Foreign Af- ties Act of 1956 (22 U.S.C. 2696(c)), of which other expenses of international peacekeeping fairs’’ may be transferred between such ap- not to exceed $1,000,000 may be transferred to activities directed to the maintenance or propriation accounts: Provided, That any and merged with the Repatriation Loans restoration of international peace and secu- transfer pursuant to this sentence shall be Program Account, subject to the same terms rity, $220,000,000: Provided, That none of the treated as a reprogramming of funds under and conditions. funds made available under this Act shall be section 605 of this Act and shall not be avail- obligated or expended for any new or ex- able for obligation or expenditure except in REPATRIATION LOANS PROGRAM ACCOUNT panded United Nations peacekeeping mission compliance with the procedures set forth in For the cost of direct loans, $593,000, as au- unless, at least 15 days in advance of voting that section. thorized by section 4 of the State Depart- for the new or expanded mission in the In addition, for counterterrorism require- ment Basic Authorities Act of 1956 (22 U.S.C. United Nations Security Council (or in an ments overseas, including security guards 2671): Provided, That such costs, including emergency, as far in advance as is prac- and equipment, $25,700,000, to remain avail- the cost of modifying such loans, shall be as ticable), (1) the Committees on Appropria- able until expended. defined in section 502 of the Congressional tions of the House of Representatives and SALARIES AND EXPENSES Budget Act of 1974. In addition, for adminis- the Senate and other appropriate commit- tees of the Congress are notified of the esti- For expenses necessary for the general ad- trative expenses necessary to carry out the mated cost and length of the mission, the ministration of the Department of State and direct loan program, $607,000, which may be vital national interest that will be served, the Foreign Service, provided for by law, in- transferred to and merged with the Salaries and the planned exit strategy; and (2) a re- cluding expenses authorized by section 9 of and Expenses account under Administration programming of funds pursuant to section the Act of August 31, 1964, as amended (31 of Foreign Affairs. 605 of this Act is submitted, and the proce- U.S.C. 3721), and the State Department Basic PAYMENT TO THE AMERICAN INSTITUTE IN dures therein followed, setting forth the Authorities Act of 1956, as amended, TAIWAN source of funds that will be used to pay for $365,235,000: Provided, That, of this amount, For necessary expenses to carry out the the cost of the new or expanded mission: Pro- $813,333 shall be transferred to the Presi- Taiwan Relations Act, Public Law 96–8, vided further, That funds shall be available dential Advisory Commission on Holocaust $15,000,000. for peacekeeping expenses only upon a cer- Assets in the United States. tification by the Secretary of State to the CAPITAL INVESTMENT FUND PAYMENT TO THE FOREIGN SERVICE appropriate committees of the Congress that For necessary expenses of the Capital In- RETIREMENT AND DISABILITY FUND American manufacturers and suppliers are vestment Fund, $80,000,000, to remain avail- For payment to the Foreign Service Re- being given opportunities to provide equip- able until expended, as authorized in Public tirement and Disability Fund, as authorized ment, services, and material for United Na- Law 103–236: Provided, That section 135(e) of by law, $132,500,000. tions peacekeeping activities equal to those H7154 CONGRESSIONAL RECORD — HOUSE August 4, 1998 being given to foreign manufacturers and and disarmament activities, $41,500,000, of ance with OMB Circulars A–110 (Uniform Ad- suppliers. which not to exceed $50,000 shall be for offi- ministrative Requirements) and A–122 (Cost ARREARAGE PAYMENTS cial reception and representation expenses as Principles for Non-Profit Organizations), in- For an additional amount for payment of authorized by the Act of September 26, 1961, cluding the restrictions on compensation for arrearages to meet obligations of member- as amended (22 U.S.C. 2551 et seq.). personal services. ship in the United Nations, and to pay as- UNITED STATES INFORMATION AGENCY ISRAELI ARAB SCHOLARSHIP PROGRAM sessed expenses of international peacekeep- INTERNATIONAL INFORMATION PROGRAMS For necessary expenses of the Israeli Arab ing activities, $475,000,000, to remain avail- For expenses, not otherwise provided for, Scholarship Program as authorized by sec- able until expended: Provided, That none of necessary to enable the United States Infor- tion 214 of the Foreign Relations Authoriza- the funds appropriated or otherwise made mation Agency, as authorized by the Mutual tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. available by this Act for payment of arrear- Educational and Cultural Exchange Act of 2452), all interest and earnings accruing to ages may be obligated or expended unless 1961, as amended (22 U.S.C. 2451 et seq.), the the Israeli Arab Scholarship Fund on or be- such obligation or expenditure is expressly United States Information and Educational fore September 30, 1999, to remain available authorized by law: Provided further, That Exchange Act of 1948, as amended (22 U.S.C. until expended. none of the funds appropriated or otherwise 1431 et seq.), and Reorganization Plan No. 2 INTERNATIONAL BROADCASTING OPERATIONS made available by this Act for payment of of 1977 (91 Stat. 1636), to carry out inter- arrearages may be obligated or expended For expenses necessary to enable the national communication, educational and United States Information Agency, as au- until such time as the share of the total of cultural activities; and to carry out related all assessed contributions for the regular thorized by the United States Information activities authorized by law, including em- and Educational Exchange Act of 1948, as budget of the United Nations does not exceed ployment, without regard to civil service and 22 percent for any single United Nations amended, the Radio Broadcasting to Cuba classification laws, of persons on a tem- Act, as amended, the Television Broadcast- member, and the share of the budget for each porary basis (not to exceed $700,000 of this assessed United Nations peacekeeping oper- ing to Cuba Act, the United States Inter- appropriation), as authorized by section 801 national Broadcasting Act of 1994, as amend- ation does not exceed 25 percent for any sin- of such Act of 1948 (22 U.S.C. 1471), and enter- gle United Nations member. ed, and Reorganization Plan No. 2 of 1977, to tainment, including official receptions, with- carry out international communication ac- INTERNATIONAL COMMISSIONS in the United States, not to exceed $25,000 as tivities, including the purchase, installation, For necessary expenses, not otherwise pro- authorized by section 804(3) of such Act of rent, construction, and improvement of fa- vided for, to meet obligations of the United 1948 (22 U.S.C. 1474(3)); $457,146,000: Provided, cilities for radio and television transmission States arising under treaties, or specific That not to exceed $1,400,000 may be used for and reception to Cuba; $383,957,000, of which Acts of Congress, as follows: representation abroad as authorized by sec- not to exceed $16,000 may be used for official INTERNATIONAL BOUNDARY AND WATER tion 302 of such Act of 1948 (22 U.S.C. 1452) receptions within the United States as au- COMMISSION, UNITED STATES AND MEXICO and section 905 of the Foreign Service Act of thorized by section 804(3) of such Act of 1948 For necessary expenses for the United 1980 (22 U.S.C. 4085): Provided further, That (22 U.S.C. 1747(3)), not to exceed $35,000 may States Section of the International Bound- not to exceed $6,000,000, to remain available be used for representation abroad as author- ary and Water Commission, United States until expended, may be credited to this ap- ized by section 302 of such Act of 1948 (22 and Mexico, and to comply with laws appli- propriation from fees or other payments re- U.S.C. 1452) and section 905 of the Foreign cable to the United States Section, including ceived from or in connection with English Service Act of 1980 (22 U.S.C. 4085), and not to not to exceed $6,000 for representation; as teaching, library, motion pictures, and publi- exceed $39,000 may be used for official recep- follows: cation programs as authorized by section 810 tion and representation expenses of Radio of such Act of 1948 (22 U.S.C. 1475e) and, not- SALARIES AND EXPENSES Free Europe/Radio Liberty; and, in addition, withstanding any other law, fees from edu- notwithstanding any other provision of law, For salaries and expenses, not otherwise cational advising and counseling, and ex- provided for, $18,490,000. not to exceed $2,000,000 in receipts from ad- change visitor program services: Provided vertising and revenue from business ven- CONSTRUCTION further, That not to exceed $920,000, to re- tures, not to exceed $500,000 in receipts from For detailed plan preparation and con- main available until expended, may be used cooperating international organizations, and struction of authorized projects, $7,000,000, to to carry out projects involving security con- not to exceed $1,000,000 in receipts from pri- remain available until expended, as author- struction and related improvements for vatization efforts of the Voice of America ized by section 24(c) of the State Department agency facilities not physically located to- and the International Broadcasting Bureau, Basic Authorities Act of 1956 (22 U.S.C. gether with Department of State facilities to remain available until expended for carry- 2696(c)). abroad. ing out authorized purposes. AMERICAN SECTIONS, INTERNATIONAL EDUCATIONAL AND CULTURAL EXCHANGE RADIO CONSTRUCTION COMMISSIONS PROGRAMS For the purchase, rent, construction, and For necessary expenses, not otherwise pro- For expenses of educational and cultural improvement of facilities for radio trans- vided for the International Joint Commis- exchange programs, as authorized by the Mu- mission and reception, and purchase and in- sion and the International Boundary Com- tual Educational and Cultural Exchange Act stallation of necessary equipment for radio mission, United States and Canada, as au- of 1961, as amended (22 U.S.C. 2451 et seq.), and television transmission and reception as thorized by treaties between the United and Reorganization Plan No. 2 of 1977 (91 authorized by section 801 of the United States and Canada or Great Britain, and for Stat. 1636), $200,000,000, to remain available States Information and Educational Ex- the Border Environment Cooperation Com- until expended as authorized by section 105 change Act of 1948 (22 U.S.C. 1471), $25,308,000, mission as authorized by Public Law 103–182; of such Act of 1961 (22 U.S.C. 2455): Provided, to remain available until expended, as au- $5,490,000, of which not to exceed $9,000 shall That not to exceed $800,000, to remain avail- thorized by section 704(a) of such Act of 1948 be available for representation expenses in- able until expended, may be credited to this (22 U.S.C. 1477b(a)). curred by the International Joint Commis- appropriation from fees or other payments sion. received from or in connection with English NATIONAL ENDOWMENT FOR DEMOCRACY INTERNATIONAL FISHERIES COMMISSIONS teaching and publication programs as au- For grants made by the United States In- For necessary expenses for international thorized by section 810 of the United States formation Agency to the National Endow- fisheries commissions, not otherwise pro- Information and Educational Exchange Act ment for Democracy as authorized by the vided for, as authorized by law, $14,490,000: of 1948 (22 U.S.C. 1475e) and, notwithstanding National Endowment for Democracy Act, Provided, That the United States’ share of any other provision of law, fees from edu- $31,000,000, to remain available until ex- such expenses may be advanced to the re- cational advising and counseling. pended. spective commissions, pursuant to 31 U.S.C. EISENHOWER EXCHANGE FELLOWSHIP PROGRAM GENERAL PROVISIONS—DEPARTMENT OF STATE 3324. TRUST FUND AND RELATED AGENCIES OTHER For necessary expenses of Eisenhower Ex- SEC. 401. Funds appropriated under this PAYMENT TO THE ASIA FOUNDATION change Fellowships, Incorporated, as author- title shall be available, except as otherwise For a grant to the Asia Foundation, as au- ized by sections 4 and 5 of the Eisenhower provided, for allowances and differentials as thorized by section 501 of Public Law 101–246, Exchange Fellowship Act of 1990 (20 U.S.C. authorized by subchapter 59 of title 5, United $8,250,000, to remain available until ex- 5204–5205), all interest and earnings accruing States Code; for services as authorized by 5 pended, as authorized by section 24(c) of the to the Eisenhower Exchange Fellowship Pro- U.S.C. 3109; and hire of passenger transpor- State Department Basic Authorities Act of gram Trust Fund on or before September 30, tation pursuant to 31 U.S.C. 1343(b). 1956 (22 U.S.C. 2696(c)). 1999, to remain available until expended: Pro- SEC. 402. Not to exceed 5 percent of any ap- vided, That none of the funds appropriated propriation made available for the current RELATED AGENCIES herein shall be used to pay any salary or fiscal year for the Department of State in ARMS CONTROL AND DISARMAMENT AGENCY other compensation, or to enter into any this Act may be transferred between such ap- ARMS CONTROL AND DISARMAMENT ACTIVITIES contract providing for the payment thereof, propriations, but no such appropriation, ex- For necessary expenses not otherwise pro- in excess of the rate authorized by 5 U.S.C. cept as otherwise specifically provided, shall vided, for arms control, nonproliferation, 5376; or for purposes which are not in accord- be increased by more than 10 percent by any August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7155 such transfers: Provided, That not to exceed ‘‘United States-Japan Trust Fund’’. Any ref- sonnel Management and the Secretary of 5 percent of any appropriation made avail- erence in any provision of law, Executive State) in effect. able for the current fiscal year for the order, regulation, delegation of authority, or This title may be cited as the ‘‘Department United States Information Agency in this other document to the Japan-United States of State and Related Agencies Appropria- Act may be transferred between such appro- Friendship Trust Fund shall be considered to tions Act, 1999’’. priations, but no such appropriation, except be a reference to the United States-Japan TITLE V—RELATED AGENCIES as otherwise specifically provided, shall be Trust Fund. DEPARTMENT OF TRANSPORTATION increased by more than 10 percent by any (2) Section 3(a) of the Japan-United States MARITIME ADMINISTRATION such transfers: Provided further, That any Friendship Act (22 U.S.C. 2902(a)) is amended transfer pursuant to this section shall be by striking ‘‘Japan-United States Friendship MARITIME SECURITY PROGRAM treated as a reprogramming of funds under Trust Fund’’ and inserting ‘‘United States- For necessary expenses to maintain and section 605 of this Act and shall not be avail- Japan Trust Fund’’. preserve a U.S.-flag merchant fleet to serve able for obligation or expenditure except in SEC. 405. The Director of the United States the national security needs of the United compliance with the procedures set forth in Information Agency is authorized to admin- States, $97,650,000, to remain available until that section. ister summer travel and work programs expended. SEC. 403. (a) An employee who regularly without regard to preplacement require- OPERATIONS AND TRAINING ments. commutes from his or her place of residence For necessary expenses of operations and in the continental United States to an offi- SEC. 406. Section 12 of the International Or- ganizations Immunities Act (22 U.S.C. 288f–2) training activities authorized by law, cial duty station in Canada or Mexico shall $67,600,000. receive a border equalization adjustment is amended by inserting ‘‘and the United Na- equal to the amount of comparability pay- tions Industrial Development Organization’’ MARITIME GUARANTEED LOAN (TITLE XI) ments under section 5304 of title 5, United after ‘‘International Labor Organization’’. PROGRAM ACCOUNT States Code, that he or she would receive if SEC. 407. (a) Section 5545a of title 5, United For the cost of guaranteed loans, as au- assigned to an official duty station within States Code, is amended by adding at the end thorized by the Merchant Marine Act, 1936, the United States locality pay area closest the following: $16,000,000, to remain available until ex- to the employee’s official duty station. ‘‘(k)(1) For purposes of this section, the pended: Provided, That such costs, including (b) For purposes of this section, the term term ‘criminal investigator’ includes a spe- the cost of modifying such loans, shall be as ‘‘employee’’ shall mean a person who— cial agent occupying a position under title II defined in section 502 of the Congressional (1) is an ‘‘employee’’ as defined under sec- of Public Law 99–399 if such special agent— Budget Act of 1974, as amended: Provided fur- tion 2105 of title 5, United States Code; and ‘‘(A) meets the definition of such terms ther, That these funds are available to sub- (2) is employed by the United States De- under paragraph (2) of subsection (a) (applied sidize total loan principal, any part of which partment of State, the United States Infor- disregarding the parenthetical matter before is to be guaranteed, not to exceed mation Agency, the United States Agency subparagraph (A) thereof); and $1,000,000,000. for International Development, or the Inter- ‘‘(B) such special agent satisfies the re- In addition, for administrative expenses to national Joint Commission, except that the quirements of subsection (d) without taking carry out the guaranteed loan program, not term shall not include members of the For- into account any hours described in para- to exceed $3,725,000, which shall be trans- eign Service as defined by section 103 of the graph (2)(B) thereof. ferred to and merged with the appropriation Foreign Service Act of 1980 (Public Law 96– ‘‘(2) In applying subsection (h) with respect for Operations and Training. to a special agent under this subsection— 465), section 3903 of title 22, United States ADMINISTRATIVE PROVISIONS—MARITIME ‘‘(A) any reference in such subsection to Code. ADMINISTRATION ‘basic pay’ shall be considered to include (c) An equalization adjustment payable Notwithstanding any other provision of amounts designated as ‘salary’; under this section shall be considered basic this Act, the Maritime Administration is au- ‘‘(B) paragraph (2)(A) of such subsection pay for the same purposes as are comparabil- thorized to furnish utilities and services and shall be considered to include (in addition to ity payments under section 5304 of title 5, make necessary repairs in connection with the provisions of law specified therein) sec- United States Code, and its implementing any lease, contract, or occupancy involving tions 609(b)(1), 805, 806, and 856 of the Foreign regulations. Government property under control of the Service Act of 1980; and (d) The agencies referenced in subsection Maritime Administration, and payments re- ‘‘(C) paragraph (2)(B) of such subsection (c)(2) are authorized to promulgate regula- ceived therefore shall be credited to the ap- shall be applied by substituting for ‘Office of tions to carry out the purposes of this sec- propriation charged with the cost thereof: Personnel Management’ the following: ‘Of- tion. Provided, That rental payments under any fice of Personnel Management or the Sec- SEC. 404. (a)(1) Section 6(4) of the Japan- such lease, contract, or occupancy for items retary of State (to the extent that matters United States Friendship Act (22 U.S.C. other than such utilities, services, or repairs exclusively within the jurisdiction of the 2905(4)) is amended by striking ‘‘needed, ex- shall be covered into the Treasury as mis- Secretary are concerned)’.’’. cept’’ and all that follows through ‘‘United cellaneous receipts. States’’ and inserting ‘‘needed’’. (b) Not later than the date on which the amendments made by this section take ef- No obligations shall be incurred during the (2) The second sentence of section 7(b) of current fiscal year from the construction the Japan-United States Friendship Act (22 fect, each special agent of the Diplomatic Security Service who satisfies the require- fund established by the Merchant Marine U.S.C. 2906(b)) is amended to read as follows: Act, 1936, or otherwise, in excess of the ap- ‘‘Such investment may be made only in in- ments of subsection (k)(1) of section 5545a of title 5, United States Code, as amended by propriations and limitations contained in terest-bearing obligations of the United this Act or in any prior appropriation Act, States, in obligations guaranteed as to both this section, and the appropriate supervisory officer, to be designated by the Secretary of and all receipts which otherwise would be de- principal and interest by the United States, posited to the credit of said fund shall be in interest-bearing obligations of Japan, or State, shall make an initial certification to the Secretary of State that the special agent covered into the Treasury as miscellaneous in obligations guaranteed as to both prin- receipts. cipal and interest by Japan.’’. is expected to meet the requirements of sub- COMMISSION FOR THE PRESERVATION OF (b)(1) Effective on the date of enactment of section (d) of such section 5545a. The Sec- AMERICA’S HERITAGE ABROAD this Act, the Japan-United States Friendship retary of State may prescribe procedures Commission shall be redesignated as the necessary to administer this subsection. SALARIES AND EXPENSES ‘‘United States-Japan Commission’’. Any ref- (c)(1) Paragraph (2) of section 5545a(a) of For expenses for the Commission for the erence in any provision of law, Executive title 5, United States Code, is amended (in Preservation of America’s Heritage Abroad, order, regulation, delegation of authority, or the matter before subparagraph (A)) by $280,000, as authorized by section 1303 of Pub- other document to the Japan-United States striking ‘‘Public Law 99–399)’’ and inserting lic Law 99–83. ‘‘Public Law 99–399, subject to subsection Friendship Commission shall be considered COMMISSION ON CIVIL RIGHTS to be a reference to the United States-Japan (k))’’. (2) Section 5542(e) of such title is amended SALARIES AND EXPENSES Commission. by striking ‘‘title 18, United States Code,’’ For necessary expenses of the Commission (2) The heading of section 4 of the Japan- and inserting ‘‘title 18 or section 37(a)(3) of on Civil Rights, including hire of passenger United States Friendship Act (22 U.S.C. 2903) the State Department Basic Authorities Act motor vehicles, $8,740,000: Provided, That not is amended to read as follows: of 1956,’’. to exceed $50,000 may be used to employ con- ‘‘UNITED STATES-JAPAN COMMISSION’’. (d) The amendments made by this section sultants: Provided further, That none of the (3) The Japan-United States Friendship shall take effect on the first day of the first funds appropriated in this paragraph shall be Act is amended by striking ‘‘Japan-United applicable pay period— used to employ in excess of 4 full-time indi- States Friendship Commission’’ each place (1) which begins on or after the 90th day viduals under Schedule C of the Excepted such term appears and inserting ‘‘United following the date of the enactment of this Service exclusive of 1 special assistant for States-Japan Commission’’. Act; and each Commissioner: Provided further, That (c)(1) Effective on the date of enactment of (2) on which date all regulations necessary none of the funds appropriated in this para- this Act, the Japan-United States Friendship to carry out such amendments are (in the graph shall be used to reimburse Commis- Trust Fund shall be redesignated as the judgment of the Director of the Office of Per- sioners for more than 75 billable days, with H7156 CONGRESSIONAL RECORD — HOUSE August 4, 1998 the exception of the chairperson who is per- therefor, as authorized by 5 U.S.C. 5901–02; not to exceed $3,000 for official reception and mitted 125 billable days. $14,000,000: Provided, That not to exceed $2,000 representation expenses, $23,000,000; and, in COMMISSION ON SECURITY AND COOPERATION IN shall be available for official reception and addition, to remain available until expended, EUROPE representation expenses. from fees collected in fiscal year 1998, SALARIES AND EXPENSES FEDERAL TRADE COMMISSION $87,000,000, and from fees collected in fiscal year 1999, $214,000,000; of which not to exceed For necessary expenses of the Commission SALARIES AND EXPENSES $10,000 may be used toward funding a perma- on Security and Cooperation in Europe, as For necessary expenses of the Federal nent secretariat for the International Orga- authorized by Public Law 94–304, $1,170,000, to Trade Commission, including uniforms or al- nization of Securities Commissions; and of remain available until expended as author- lowances therefor, as authorized by 5 U.S.C. which not to exceed $100,000 shall be avail- ized by section 3 of Public Law 99–7. 5901–5902; services as authorized by 5 U.S.C. able for expenses for consultations and meet- EQUAL EMPLOYMENT OPPORTUNITY 3109; hire of passenger motor vehicles; and ings hosted by the Commission with foreign COMMISSION not to exceed $2,000 for official reception and governmental and other regulatory officials, SALARIES AND EXPENSES representation expenses; $80,490,000: Provided, members of their delegations, appropriate That not to exceed $300,000 shall be available For necessary expenses of the Equal Em- representatives and staff to exchange views for use to contract with a person or persons ployment Opportunity Commission as au- concerning developments relating to securi- for collection services in accordance with thorized by title VII of the Civil Rights Act ties matters, development and implementa- the terms of 31 U.S.C. 3718, as amended: Pro- of 1964, as amended (29 U.S.C. 206(d) and 621– tion of cooperation agreements concerning vided further, That, notwithstanding any 634), the Americans with Disabilities Act of securities matters and provision of technical other provision of law, not to exceed 1990, and the Civil Rights Act of 1991, includ- assistance for the development of foreign se- $76,500,000 of offsetting collections derived ing services as authorized by 5 U.S.C. 3109; curities markets, such expenses to include from fees collected for premerger notifica- hire of passenger motor vehicles as author- necessary logistic and administrative ex- tion filings under the Hart-Scott-Rodino ized by 31 U.S.C. 1343(b); non-monetary penses and the expenses of Commission staff Antitrust Improvements Act of 1976 (15 awards to private citizens; and not to exceed and foreign invitees in attendance at such U.S.C. 18(a)) shall be retained and used for $28,000,000 for payments to State and local consultations and meetings including (1) necessary expenses in this appropriation, and enforcement agencies for services to the such incidental expenses as meals taken in shall remain available until expended: Pro- Commission pursuant to title VII of the Civil the course of such attendance, (2) any travel vided further, That the sum herein appro- Rights Act of 1964, as amended, sections 6 and transportation to or from such meetings, priated from the General Fund shall be re- and 14 of the Age Discrimination in Employ- and (3) any other related lodging or subsist- duced as such offsetting collections are re- ment Act, the Americans with Disabilities ence: Provided, That fees and charges author- ceived during fiscal year 1999, so as to result Act of 1990, and the Civil Rights Act of 1991; ized by sections 6(b)(4) of the Securities Act in a final fiscal year 1999 appropriation from $260,500,000: Provided, That the Commission is of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Se- the General Fund estimated at not more authorized to make available for official re- curities Exchange Act of 1934 (15 U.S.C. than $3,990,000, to remain available until ex- ception and representation expenses not to 78ee(d)) shall be credited to this account as pended: Provided further, That any fees re- exceed $2,500 from available funds. offsetting collections. ceived in excess of $76,500,000 in fiscal year SMALL BUSINESS ADMINISTRATION FEDERAL COMMUNICATIONS COMMISSION 1999 shall remain available until expended, SALARIES AND EXPENSES but shall not be available for obligation until SALARIES AND EXPENSES For necessary expenses of the Federal October 1, 1999: Provided further, That none of For necessary expenses, not otherwise pro- Communications Commission, as authorized the funds made available to the Federal vided for, of the Small Business Administra- by law, including uniforms and allowances Trade Commission shall be available for obli- tion as authorized by Public Law 103–403, in- therefor, as authorized by 5 U.S.C. 5901–02; gation for expenses authorized by section 151 cluding hire of passenger motor vehicles as not to exceed $600,000 for land and structure; of the Federal Deposit Insurance Corporation authorized by 31 U.S.C. 1343 and 1344, and not not to exceed $500,000 for improvement and Improvement Act of 1991 (Public Law 102–242, to exceed $3,500 for official reception and rep- care of grounds and repair to buildings; not 105 Stat. 2282–2285). resentation expenses, $246,750,000: Provided, That the Administrator is authorized to to exceed $4,000 for official reception and rep- LEGAL SERVICES CORPORATION resentation expenses; purchase (not to ex- charge fees to cover the cost of publications PAYMENT TO THE LEGAL SERVICES ceed 16) and hire of motor vehicles; special developed by the Small Business Administra- CORPORATION counsel fees; and services as authorized by 5 tion, and certain loan servicing activities: U.S.C. 3109; $181,514,000, of which not to ex- For payment to the Legal Services Cor- Provided further, That, notwithstanding 31 ceed $300,000 shall remain available until poration to carry out the purposes of the U.S.C. 3302, revenues received from all such September 30, 2000, for research and policy Legal Services Corporation Act of 1974, as activities shall be credited to this account, studies: Provided, That $172,523,000 of offset- amended, $141,000,000, of which $134,575,000 is to be available for carrying out these pur- ting collections shall be assessed and col- for basic field programs and required inde- poses without further appropriations: Pro- lected pursuant to section 9 of title I of the pendent audits; $1,125,000 is for the Office of vided further, That $78,800,000 shall be avail- Communications Act of 1934, as amended, Inspector General, of which such amounts as able to fund grants for performance in fiscal and shall be retained and used for necessary may be necessary may be used to conduct ad- year 1999 or fiscal year 2000 as authorized by expenses in this appropriation, and shall re- ditional audits of recipients; and $5,300,000 is section 21 of the Small Business Act, as main available until expended: Provided fur- for management and administration. amended. ther, That the sum herein appropriated shall ADMINISTRATIVE PROVISION—LEGAL SERVICES OFFICE OF INSPECTOR GENERAL be reduced as such offsetting collections are CORPORATION For necessary expenses of the Office of In- received during fiscal year 1999 so as to re- SEC. 501. None of the funds appropriated in spector General in carrying out the provi- sult in a final fiscal year 1999 appropriation this Act to the Legal Services Corporation sions of the Inspector General Act of 1978, as estimated at $8,991,000: Provided further, That shall be expended for any purpose prohibited amended (5 U.S.C. App.), $11,300,000. any offsetting collections received in excess or limited by, or contrary to any of the pro- BUSINESS LOANS PROGRAM ACCOUNT of $172,523,000 in fiscal year 1999 shall remain visions of, sections 501, 502, 503, 504, 505, and For the cost of direct loans, $2,000,000, to be available until expended, but shall not be 506 of Public Law 105–119, and all funds ap- available until expended; and for the cost of available for obligation until October 1, 1999: propriated in this Act to the Legal Services guaranteed loans, $132,540,000, as authorized Provided further, That none of the funds pro- Corporation shall be subject to the same by 15 U.S.C. 631 note, of which $45,000,000 vided in this account shall be used for ex- terms and conditions set forth in such sec- shall remain available until September 30, penses for rental of headquarters space at tions, except that all references in sections 2000: That such costs, including the the Portals II building assessed by the Gen- Provided, 502 and 503 to 1997 and 1998 shall be deemed cost of modifying such loans, shall be as de- eral Services Administration, or for any re- to refer instead to 1998 and 1999, respectively. fined in section 502 of the Congressional location expenses, until such time as ongo- MARINE MAMMAL COMMISSION Budget Act of 1974: That, ing investigations by the Congress and the Provided further, during fiscal year 1999, commitments to Department of Justice determine that the SALARIES AND EXPENSES guarantee loans under section 503 of the lease agreement was lawfully entered into by For necessary expenses of the Marine Small Business Investment Act of 1958, as the parties involved. Mammal Commission as authorized by title amended, shall not exceed the amount of fi- FEDERAL MARITIME COMMISSION II of Public Law 92–522, as amended, $1,240,000. nancing authorized under section SALARIES AND EXPENSES 20(d)(1)(B)ii of the Small Business Act, as SECURITIES AND EXCHANGE COMMISSION For necessary expenses of the Federal Mar- amended: Provided further, That, during fis- itime Commission as authorized by section SALARIES AND EXPENSES cal year 1999, commitments for general busi- 201(d) of the Merchant Marine Act, 1936, as For necessary expenses for the Securities ness loans authorized under section 7(a) of amended (46 App. U.S.C. 1111), including serv- and Exchange Commission, including serv- the Small Business Act, as amended, shall ices as authorized by 5 U.S.C. 3109; hire of ices as authorized by 5 U.S.C. 3109, the rental not exceed $10,000,000,000 without prior noti- passenger motor vehicles as authorized by 31 of space (to include multiple year leases) in fication of the Committees on Appropria- U.S.C. 1343(b); and uniforms or allowances the District of Columbia and elsewhere, and tions of the House of Representatives and August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7157 Senate in accordance with section 605 of this tion of fees available to the agencies funded obligated or expended to pay for any cost in- Act. by this Act, shall be available for obligation curred for (1) opening or operating any In addition, for administrative expenses to or expenditure through a reprogramming of United States diplomatic or consular post in carry out the direct and guaranteed loan funds which: (1) creates new programs; (2) the Socialist Republic of Vietnam that was programs, $94,000,000, which may be trans- eliminates a program, project, or activity; not operating on July 11, 1995; (2) expanding ferred to and merged with the appropriations (3) increases funds or personnel by any any United States diplomatic or consular for Salaries and Expenses. means for any project or activity for which post in the Socialist Republic of Vietnam DISASTER LOANS PROGRAM ACCOUNT funds have been denied or restricted; (4) relo- that was operating on July 11, 1995; or (3) in- cates an office or employees; (5) reorganizes creasing the total number of personnel as- For the cost of direct loans authorized by offices, programs, or activities; or (6) con- signed to United States diplomatic or con- section 7(b) of the Small Business Act, as tracts out or privatizes any functions, or ac- sular posts in the Socialist Republic of Viet- amended, $100,000,000, to remain available tivities presently performed by Federal em- nam above the levels existing on July 11, until expended: Provided, That such costs, in- ployees; unless the Appropriations Commit- 1995; unless the President certifies within 60 cluding the cost of modifying such loans, tees of both Houses of Congress are notified days the following: shall be as defined in section 502 of the Con- fifteen days in advance of such reprogram- (A) Based upon all information available to gressional Budget Act of 1974. ming of funds. the United States Government, the Govern- In addition, for administrative expenses to (b) None of the funds provided under this ment of the Socialist Republic of Vietnam is carry out the direct loan program, Act, or provided under previous appropria- fully cooperating in good faith with the $116,000,000, which may be transferred to and tions Acts to the agencies funded by this Act United States in the following: merged with appropriations for Salaries and that remain available for obligation or ex- (i) Resolving discrepancy cases, live Expenses. penditure in fiscal year 1999, or provided sightings, and field activities. SURETY BOND GUARANTEES REVOLVING FUND from any accounts in the Treasury of the (ii) Recovering and repatriating American For additional capital for the ‘‘Surety United States derived by the collection of remains. Bond Guarantees Revolving Fund’’, author- fees available to the agencies funded by this (iii) Accelerating efforts to provide docu- ized by the Small Business Investment Act, Act, shall be available for obligation or ex- ments that will help lead to fullest possible as amended, $3,300,000, to remain available penditure for activities, programs, or accounting of prisoners of war and missing without fiscal year limitation as authorized projects through a reprogramming of funds in action. by 15 U.S.C. 631 note. in excess of $500,000 or 10 percent, whichever (iv) Providing further assistance in imple- is less, that: (1) augments existing programs, ADMINISTRATIVE PROVISION—SMALL BUSINESS menting trilateral investigations with Laos. projects, or activities; (2) reduces by 10 per- ADMINISTRATION (B) The remains, artifacts, eyewitness ac- cent funding for any existing program, Not to exceed 5 percent of any appropria- counts, archival material, and other evi- project, or activity, or numbers of personnel dence associated with prisoners of war and tion made available for the current fiscal by 10 percent as approved by Congress; or (3) year for the Small Business Administration missing in action recovered from crash sites, results from any general savings from a re- military actions, and other locations in in this Act may be transferred between such duction in personnel which would result in a appropriations, but no such appropriation Southeast Asia are being thoroughly ana- change in existing programs, activities, or lyzed by the appropriate laboratories with shall be increased by more than 10 percent projects as approved by Congress; unless the by any such transfers: Provided, That any the intent of providing surviving relatives Appropriations Committees of both Houses with scientifically defensible, legal deter- transfer pursuant to this paragraph shall be of Congress are notified fifteen days in ad- minations of death or other accountability treated as a reprogramming of funds under vance of such reprogramming of funds. that are fully documented and available in section 605 of this Act and shall not be avail- SEC. 606. None of the funds made available able for obligation or expenditure except in in this Act may be used for the construction, unclassified and unredacted form to imme- compliance with the procedures set forth in repair (other than emergency repair), over- diate family members. SEC. 610. None of the funds made available that section. haul, conversion, or modernization of vessels by this Act may be used for any United Na- for the National Oceanic and Atmospheric STATE JUSTICE INSTITUTE tions undertaking when it is made known to Administration in shipyards located outside SALARIES AND EXPENSES the Federal official having authority to obli- of the United States. gate or expend such funds: (1) that the For necessary expenses of the State Jus- SEC. 607. (a) PURCHASE OF AMERICAN-MADE United Nations undertaking is a peacekeep- tice Institute, as authorized by the State EQUIPMENT AND PRODUCTS.—It is the sense of Justice Institute Authorization Act of 1992 the Congress that, to the greatest extent ing mission; (2) that such undertaking will (Public Law 102–572 (106 Stat. 4515–4516)), practicable, all equipment and products pur- involve United States Armed Forces under $6,850,000, to remain available until ex- chased with funds made available in this Act the command or operational control of a for- pended: Provided, That not to exceed $2,500 should be American-made. eign national; and (3) that the President’s shall be available for official reception and (b) NOTICE REQUIREMENT.—In providing fi- military advisors have not submitted to the representation expenses. nancial assistance to, or entering into any President a recommendation that such in- volvement is in the national security inter- TITLE VI—GENERAL PROVISIONS contract with, any entity using funds made available in this Act, the head of each Fed- ests of the United States and the President SEC. 601. No part of any appropriation con- eral agency, to the greatest extent prac- has not submitted to the Congress such a tained in this Act shall be used for publicity ticable, shall provide to such entity a notice recommendation. or propaganda purposes not authorized by describing the statement made in subsection SEC. 611. None of the funds made available the Congress. (a) by the Congress. in this Act shall be used to provide the fol- SEC. 602. No part of any appropriation con- (c) PROHIBITION OF CONTRACTS WITH PER- lowing amenities or personal comforts in the tained in this Act shall remain available for SONS FALSELY LABELING PRODUCTS AS MADE Federal prison system— obligation beyond the current fiscal year un- IN AMERICA.—If it has been finally deter- (1) in-cell television viewing except for less expressly so provided herein. mined by a court or Federal agency that any prisoners who are segregated from the gen- SEC. 603. The expenditure of any appropria- person intentionally affixed a label bearing a eral prison population for their own safety; tion under this Act for any consulting serv- ‘‘Made in America’’ inscription, or any in- (2) the viewing of R, X, and NC–17 rated ice through procurement contract, pursuant scription with the same meaning, to any movies, through whatever medium pre- to 5 U.S.C. 3109, shall be limited to those product sold in or shipped to the United sented; contracts where such expenditures are a States that is not made in the United States, (3) any instruction (live or through broad- matter of public record and available for the person shall be ineligible to receive any casts) or training equipment for boxing, public inspection, except where otherwise contract or subcontract made with funds wrestling, judo, karate, or other martial art, provided under existing law, or under exist- made available in this Act, pursuant to the or any bodybuilding or weightlifting equip- ing Executive order issued pursuant to exist- debarment, suspension, and ineligibility pro- ment of any sort; ing law. cedures described in sections 9.400 through (4) possession of in-cell coffee pots, hot SEC. 604. If any provision of this Act or the 9.409 of title 48, Code of Federal Regulations. plates or heating elements; or application of such provision to any person SEC. 608. None of the funds made available (5) the use or possession of any electric or or circumstances shall be held invalid, the in this Act may be used to implement, ad- electronic musical instrument. remainder of the Act and the application of minister, or enforce any guidelines of the SEC. 612. None of the funds made available each provision to persons or circumstances Equal Employment Opportunity Commission in title II for the National Oceanic and At- other than those as to which it is held in- covering harassment based on religion, when mospheric Administration (NOAA) under the valid shall not be affected thereby. it is made known to the Federal entity or of- headings ‘‘Operations, Research, and Facili- SEC. 605. (a) None of the funds provided ficial to which such funds are made available ties’’ and ‘‘Procurement, Acquisition and under this Act, or provided under previous that such guidelines do not differ in any re- Construction’’ may be used to implement appropriations Acts to the agencies funded spect from the proposed guidelines published sections 603, 604, and 605 of Public Law 102– by this Act that remain available for obliga- by the Commission on October 1, 1993 (58 567. tion or expenditure in fiscal year 1999, or Fed. Reg. 51266). SEC. 613. Any costs incurred by a depart- provided from any accounts in the Treasury SEC. 609. None of the funds appropriated or ment or agency funded under this Act result- of the United States derived by the collec- otherwise made available by this Act may be ing from personnel actions taken in response H7158 CONGRESSIONAL RECORD — HOUSE August 4, 1998 to funding reductions included in this Act harvesting of fish in any other fishery within [Roll No. 383] shall be absorbed within the total budgetary the exclusive economic zone of the United AYES—91 resources available to such department or States. agency: Provided, That the authority to Armey Goss Riggs SEC. 617. None of the funds provided by this Bachus Gutknecht Rogan transfer funds between appropriations ac- Act shall be available to promote the sale or Ballenger Hall (TX) Rohrabacher counts as may be necessary to carry out this export of tobacco or tobacco products, or to Barr Hastert Roukema section is provided in addition to authorities seek the reduction or removal by any foreign Barrett (NE) Hayworth Royce included elsewhere in this Act: Provided fur- country of restrictions on the marketing of Barton Hefley Ryun ther, That use of funds to carry out this sec- Bateman Hobson Salmon tobacco or tobacco products, except for re- Blunt Hoekstra Sanford tion shall be treated as a reprogramming of strictions which are not applied equally to funds under section 605 of this Act and shall Boehner Hostettler Scarborough all tobacco or tobacco products of the same Burton Hunter Schaefer, Dan not be available for obligation or expendi- type. Camp Inglis Schaffer, Bob ture except in compliance with the proce- Canady Istook Sensenbrenner SEC. 618. None of the funds made available dures set forth in that section. Cannon Johnson, Sam Sessions SEC. 614. None of the funds made available in this Act may be used to pay the expenses Chabot Kasich Shadegg in this Act to the Federal Bureau of Prisons of an election officer appointed by a court to Christensen Kolbe Smith (MI) may be used to distribute or make available oversee an election of any officer or trustee Coble Largent Smith, Linda any commercially published information or for the International Brotherhood of Team- Coburn Leach Snowbarger material to a prisoner when it is made sters. Cox Manzullo Solomon known to the Federal official having author- Crane McCollum Souder SEC. 619. The Federal Communications Cubin McIntosh Stearns ity to obligate or expend such funds that Commission shall reinstate the license of Davis (FL) McKeon Stump such information or material is sexually ex- radio station WXEE, 1340 AM, of Welch, West Deal Miller (FL) Sununu plicit or features nudity. Virginia, notwithstanding the expiration of DeLay Myrick Talent SEC. 615. Of the funds appropriated in this such license on February 1, 1998, pursuant to Doggett Neumann Tauzin Act under the heading ‘‘Office of Justice Pro- section 312(g) of the Communications Act of Doolittle Paul Thornberry Ehrlich Paxon Tiahrt grams—State and Local Law Enforcement 1934 (47 U.S.C. 312(g)). Assistance’’, not more than 90 percent of the Fawell Pease Upton amount to be awarded to an entity under the The CHAIRMAN. No amendment is in Foley Pitts Weldon (FL) Local Law Enforcement Block Grant shall be order except the amendments stated in Fowler Portman Wolf Fox Pryce (OH) made available to such an entity when it is order of the House, which shall be con- Gilman Ramstad made known to the Federal official having sidered as read, shall not be subject to NOES—327 authority to obligate or expend such funds amendment or to a demand for a divi- that the entity that employs a public safety sion of the House of the question in the Abercrombie Davis (IL) Hefner officer (as such term is defined in section Ackerman Davis (VA) Herger 1204 of title I of the Omnibus Crime Control House or in the Committee of the Aderholt DeFazio Hill and Safe Streets Act of 1968) does not provide Whole, and shall be debatable for the Allen DeGette Hilleary such a public safety officer who retires or is time specified in the order of the Andrews Delahunt Hilliard Baesler DeLauro Hinchey separated from service due to injury suffered House, equally divided and controlled Baker Deutsch Hinojosa as the direct and proximate result of a per- by a proponent and a Member opposed Baldacci Diaz-Balart Holden sonal injury sustained in the line of duty thereto. Barcia Dickey Hooley while responding to an emergency situation Barrett (WI) Dicks Horn or a hot pursuit (as such terms are defined SEQUENTIAL VOTES POSTPONED IN COMMITTEE Bartlett Dingell Houghton by State law) with the same or better level OF THE WHOLE Bass Dixon Hoyer of health insurance benefits at the time of Becerra Dooley Hulshof The CHAIRMAN. Pursuant to House Bentsen Doyle Hutchinson retirement or separation as they received Resolution 508, proceedings will now Bereuter Dreier Hyde while on duty. resume on those amendments on which Berman Duncan Jackson (IL) SEC. 616. (a) None of the funds made avail- Berry Dunn Jackson-Lee able in this Act may be used to issue or further proceedings were postponed in Bilbray Edwards (TX) renew a fishing permit or authorization for the following order: Bilirakis Ehlers Jefferson Bishop Emerson Jenkins any fishing vessel of the United States great- The amendment offered by the gen- er than 165 feet in registered length or of Blagojevich Engel John tleman from Indiana (Mr. SOUDER); the Bliley English Johnson (CT) more than 750 gross registered tons, and that amendment No. 10 offered by the gen- Blumenauer Ensign Johnson (WI) has an engine or engines capable of produc- Boehlert Eshoo Johnson, E. B. ing a total of more than 3,000 shaft horse- tleman from New Hampshire (Mr. Bonilla Etheridge Jones power— BASS); the amendment No. 9 offered by Bonior Evans Kanjorski (1) as specified in the permit application the gentleman from Virginia (Mr. Bono Everett Kaptur required under part 648.4(a)(5) of title 50, SCOTT); the amendment offered by the Borski Ewing Kelly Boswell Farr Kennedy (MA) Code of Federal Regulations, part 648.12 of gentleman from Minnesota (Mr. GUT- title 50, Code of Federal Regulations, and the Boucher Fattah Kennedy (RI) KNECHT); and the amendment offered by Boyd Fazio Kennelly authorization required under part 648.80(d)(2) the gentlewoman from Colorado (Ms. Brady (PA) Filner Kildee of title 50, Code of Federal Regulations, to Brady (TX) Forbes Kim E ETTE engage in fishing for Atlantic mackerel or D G ). Brown (CA) Ford Kind (WI) herring (or both) under the Magnuson-Ste- The Chair will reduce to 5 minutes Brown (FL) Fossella King (NY) vens Fishery Conservation and Management the time for any electronic vote after Brown (OH) Frank (MA) Kingston Bryant Franks (NJ) Kleczka Act (16 U.S.C. 1801 et seq.); or the first vote in this series. (2) that would allow such a vessel to en- Bunning Frelinghuysen Klink Burr Frost Klug AMENDMENT OFFERED BY MR. SOUDER gage in the catching, taking, or harvesting Buyer Furse Knollenberg of fish in any other fishery within the exclu- The CHAIRMAN. The pending busi- Callahan Gallegly Kucinich sive economic zone of the United States (ex- ness is the demand for a recorded vote Calvert Ganske LaFalce cept territories), unless a certificate of docu- Campbell Gejdenson LaHood mentation had been issued for the vessel and on the amendment offered by the gen- Capps Gekas Lampson endorsed with a fishery endorsement that tleman from Indiana (Mr. SOUDER) on Cardin Gephardt Lantos was effective on September 25, 1997, and such which further proceedings were post- Carson Gibbons Latham Castle Gilchrest LaTourette fishery endorsement was not surrendered at poned and on which the noes prevailed Chambliss Gillmor Lazio any time thereafter. by voice vote. Chenoweth Goode Lee (b) Any fishing permit or authorization Clayton Goodlatte Levin issued or renewed prior to the date of the en- The Clerk will designate the amend- Clement Goodling Lewis (CA) actment of this Act for a fishing vessel to ment. Clyburn Gordon Lewis (GA) which the prohibition in subsection (a)(1) ap- The Clerk designated the amend- Collins Graham Lewis (KY) plies that would allow such vessel to engage Combest Granger Linder ment. Condit Green Lipinski in fishing for Atlantic mackerel or herring The CHAIRMAN. A recorded vote has Cook Greenwood Livingston (or both) during fiscal year 1999 shall be null Cooksey Gutierrez LoBiondo and void, and none of the funds made avail- been demanded. Costello Hall (OH) Lofgren able in this Act may be used to issue a fish- A recorded vote was ordered. Coyne Hamilton Lowey ing permit or authorization that would allow Cramer Hansen Lucas a vessel whose permit or authorization was The vote was taken by electronic de- Crapo Harman Luther made null and void pursuant to this sub- vice, and there were—ayes 91, noes 327, Cummings Hastings (FL) Maloney (CT) Danner Hastings (WA) Maloney (NY) section to engage in the catching, taking, or not voting 16, as follows: August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7159 Manton Pelosi Smith (TX) were postponed and on which the noes Ewing Lantos Rivers Markey Peterson (MN) Smith, Adam Farr Latham Rodriguez Martinez Peterson (PA) Snyder prevailed by voice vote. Fattah LaTourette Roemer Mascara Petri Spence The Clerk will redesignate the Fawell Lee Rogers Matsui Pickett Spratt amendment. Fazio Levin Ros-Lehtinen McCarthy (NY) Pombo Stabenow The Clerk redesignated the amend- Filner Lewis (CA) Rothman McCrery Pomeroy Stenholm Forbes Lewis (GA) Roybal-Allard McDermott Porter Stokes ment. Ford Lipinski Rush McGovern Poshard Strickland RECORDED VOTE Frank (MA) Lofgren Sabo McHale Price (NC) Stupak Frost Lowey Sanchez McHugh Quinn Tanner The CHAIRMAN. A recorded vote has Furse Lucas Sanders McIntyre Radanovich Tauscher been demanded. Gallegly Maloney (CT) Sandlin McKinney Rahall Taylor (MS) A recorded vote was ordered. Gejdenson Maloney (NY) Sawyer McNulty Rangel Taylor (NC) Gekas Manton Saxton Meehan Redmond Thomas The vote was taken by electronic de- Gephardt Markey Scott Meek (FL) Regula Thompson vice, and there were—ayes 155, noes 267, Gilchrest Martinez Serrano Meeks (NY) Reyes Thune not voting 12, as follows: Gillmor Mascara Sessions Menendez Riley Thurman Goode Matsui Sherman Metcalf Rivers Tierney [Roll No. 384] Goodlatte McCarthy (NY) Sisisky Mica Rodriguez Torres AYES—155 Gordon McDade Skaggs Miller (CA) Roemer Traficant Graham McDermott Skeen Andrews Goss Paxon Minge Rogers Turner Green McGovern Slaughter Armey Granger Pease Mink Ros-Lehtinen Velazquez Gutierrez McHale Smith (NJ) Bachus Greenwood Peterson (MN) Mollohan Rothman Vento Hall (OH) McIntosh Smith (OR) Baesler Gutknecht Petri Moran (KS) Roybal-Allard Visclosky Hamilton McNulty Smith (TX) Baker Hall (TX) Pitts Moran (VA) Rush Walsh Harman Meehan Smith, Adam Ballenger Hansen Pombo Morella Sabo Wamp Hastings (FL) Meek (FL) Snyder Barr Hastert Portman Murtha Sanchez Waters Hefner Meeks (NY) Spence Barrett (WI) Hastings (WA) Pryce (OH) Nadler Sanders Watkins Hilliard Menendez Spratt Barton Hayworth Radanovich Neal Sandlin Watt (NC) Hinchey Mica Stabenow Bass Hefley Ramstad Nethercutt Sawyer Watts (OK) Hinojosa Millender- Stark Berry Herger Redmond Ney Saxton Waxman Holden McDonald Stearns Bilirakis Hill Riggs Northup Schumer Weldon (PA) Hooley Miller (CA) Stenholm Blunt Hilleary Rogan Norwood Scott Weller Horn Minge Stokes Boehner Hobson Rohrabacher Nussle Serrano Wexler Houghton Mollohan Strickland Boyd Hoekstra Roukema Oberstar Shaw Weygand Hoyer Moran (VA) Stupak Bryant Hostettler Royce Obey Shays White Hyde Morella Tanner Bunning Hulshof Ryun Olver Sherman Whitfield Inglis Murtha Tauscher Burton Hunter Salmon Ortiz Shimkus Wicker Jackson (IL) Nadler Tauzin Buyer Hutchinson Sanford Owens Shuster Wilson Jackson-Lee Neal Taylor (NC) Camp Istook Scarborough Packard Sisisky Wise (TX) Northup Thomas Campbell Johnson, Sam Schaefer, Dan Pallone Skaggs Woolsey Jefferson Nussle Thompson Canady Kasich Schaffer, Bob Pappas Skeen Wynn Jenkins Oberstar Thurman Cannon Kingston Schumer Parker Skelton Young (AK) John Obey Tierney Carson Knollenberg Sensenbrenner Pascrell Slaughter Young (FL) Johnson (CT) Olver Torres Chabot Kolbe Shadegg Pastor Smith (NJ) Johnson (WI) Ortiz Traficant Chambliss Largent Shaw Payne Smith (OR) Johnson, E. B. Owens Velazquez Christensen Lazio Shays Jones Packard Vento Coble Leach Shimkus NOT VOTING—16 Kanjorski Pallone Walsh Coburn Lewis (KY) Shuster Archer McCarthy (MO) Oxley Kaptur Parker Waters Condit Linder Skelton Clay McDade Pickering Kelly Pascrell Watt (NC) Cox Livingston Smith (MI) Conyers McInnis Stark Kennedy (MA) Payne Waxman Crane LoBiondo Smith, Linda Cunningham Millender- Towns Kennedy (RI) Pelosi Weldon (PA) Cubin Luther Snowbarger Gonzalez McDonald Yates Kennelly Peterson (PA) Weller Deal Manzullo Solomon Kilpatrick Moakley Kildee Pickett Wexler DeFazio McCollum Souder Kim Pomeroy Weygand DeLay McCrery Stump b 2131 Kind (WI) Porter Wicker Diaz-Balart McHugh Sununu King (NY) Poshard Wilson Messrs. BASS, ORTIZ, CRAPO, Doolittle McIntyre Talent Kleczka Price (NC) Wise Duncan McKeon Taylor (MS) GREENWOOD, and KLECZKA changed Klink Quinn Wolf Dunn McKinney Thornberry Klug Rahall Woolsey their vote from ‘‘aye’’ to ‘‘no.’’ Ehrlich Metcalf Thune Kucinich Rangel Wynn Messrs. BURTON of Indiana, INGLIS Ensign Miller (FL) Tiahrt LaFalce Regula Young (AK) Foley Mink Turner of South Carolina, and STUMP LaHood Reyes Young (FL) Fossella Moran (KS) Upton changed their vote from ‘‘no’’ to ‘‘aye.’’ Lampson Riley So the amendment was rejected. Fowler Myrick Visclosky Fox Nethercutt Wamp NOT VOTING—12 The result of the vote was announced Franks (NJ) Neumann Watkins as above recorded. Frelinghuysen Ney Watts (OK) Clay Kilpatrick Oxley Ganske Norwood Weldon (FL) Conyers McCarthy (MO) Pickering PERSONAL EXPLANATION Gibbons Pappas White Cunningham McInnis Towns Ms. MILLENDER-MCDONALD. Mr. Chair- Gilman Pastor Whitfield Gonzalez Moakley Yates man, during rollcall vote No. 383 on (Souder Goodling Paul Amendment) H.R. 4276 I was unavoidably de- NOES—267 b 2139 tained. Had I been present, I would have Abercrombie Boucher Danner So the amendment was rejected. voted ``no.'' Ackerman Brady (PA) Davis (FL) The result of the vote was announced f Aderholt Brady (TX) Davis (IL) Allen Brown (CA) Davis (VA) as above recorded. ANNOUNCEMENT BY THE Archer Brown (FL) DeGette AMENDMENT NO. 9 OFFERED BY MR. SCOTT CHAIRMAN Baldacci Brown (OH) Delahunt Barcia Burr DeLauro The CHAIRMAN. The pending busi- The CHAIRMAN. Pursuant to House Barrett (NE) Callahan Deutsch ness is the demand for a recorded vote Resolution 508, the Chair announces Bartlett Calvert Dickey on the amendment No. 9 offered by the Bateman Capps Dicks gentleman from Virginia (Mr. SCOTT) that he will reduce to minimum of 5 Becerra Cardin Dingell minutes the period of time within Bentsen Castle Dixon on which further proceedings were which a vote by electronic device will Bereuter Chenoweth Doggett postponed and on which the noes pre- be taken on each amendment on which Berman Clayton Dooley vailed by voice vote. Bilbray Clement Doyle the Chair has postponed further pro- Bishop Clyburn Dreier The Clerk will redesignate the ceedings. Blagojevich Collins Edwards amendment. Bliley Combest Ehlers AMENDMENT NO. 10 OFFERED BY MR. BASS The Clerk redesignated the amend- Blumenauer Cook Emerson ment. The CHAIRMAN. The pending busi- Boehlert Cooksey Engel ness is the demand for a recorded vote Bonilla Costello English RECORDED VOTE on the amendment No. 10 offered by the Bonior Coyne Eshoo The CHAIRMAN. A recorded vote has Bono Cramer Etheridge gentleman from New Hampshire (Mr. Borski Crapo Evans been demanded. BASS) on which further proceedings Boswell Cummings Everett A recorded vote was ordered. H7160 CONGRESSIONAL RECORD — HOUSE August 4, 1998 The vote was taken by electronic de- Hulshof Miller (FL) Shaw [Roll No. 386] Hunter Moran (KS) Shays vice, and there were—ayes 149, noes 271, Hutchinson Myrick Shimkus AYES—136 not voting 14, as follows: Hyde Nethercutt Shuster Andrews Gilman Pitts Inglis Neumann Skeen Archer Goss Pombo [ROLL NO. 385] Istook Ney Smith (MI) Armey Graham Portman AYES—149 Jenkins Northup Smith (NJ) Bachus Granger Pryce (OH) Ballenger Greenwood Radanovich Abercrombie Gutierrez Oberstar John Norwood Smith (OR) Barr Gutknecht Rangel Ackerman Hall (OH) Obey Johnson (CT) Nussle Smith (TX) Bartlett Hall (TX) Redmond Allen Hall (TX) Olver Johnson, Sam Packard Smith, Adam Barton Hastert Riggs Baldacci Hamilton Ortiz Jones Pappas Smith, Linda Berry Hastings (WA) Riley Barrett (WI) Hefner Owens Kanjorski Parker Snowbarger Bliley Hayworth Rogan Becerra Hilliard Pallone Kasich Pascrell Solomon Blunt Hefley Rohrabacher Berman Hinchey Pastor Kelly Paul Souder Boehner Herger Royce Bishop Hinojosa Payne Kennelly Paxon Spence Brady (TX) Hill Ryun Blumenauer Hoyer Pease Kim Peterson (PA) Spratt Burton Hobson Sanford Bonior Jackson (IL) Pelosi King (NY) Petri Stearns Buyer Hoekstra Schaffer, Bob Brady (PA) Jackson-Lee Peterson (MN) Kingston Pitts Strickland Camp Hostettler Sensenbrenner Brown (CA) (TX) Pickett Klug Pombo Stump Campbell Hunter Sessions Brown (FL) Jefferson Rahall Knollenberg Pomeroy Stupak Canady Inglis Shadegg Brown (OH) Johnson (WI) Ramstad Kolbe Porter Sununu Cannon Jenkins Shays Campbell Johnson, E. B. Rangel Kucinich Portman Talent Chabot Johnson (CT) Shuster Capps Kaptur Reyes LaHood Poshard Tanner Chambliss Johnson, Sam Smith (MI) Cardin Kennedy (MA) Rodriguez Largent Price (NC) Tauscher Chenoweth Jones Smith (NJ) Carson Kennedy (RI) Roybal-Allard Latham Pryce (OH) Tauzin Christensen Kasich Smith (TX) Clayton Kildee Rush Lazio Quinn Taylor (MS) Coble Kingston Smith, Linda Clement Kind (WI) Sabo Levin Radanovich Taylor (NC) Coburn Klug Snowbarger Clyburn Kleczka Sanchez Lewis (CA) Redmond Thomas Combest Largent Solomon Condit Klink Sanders Lewis (KY) Regula Thornberry Cook Lazio Souder Coyne LaFalce Sandlin Linder Riggs Thune Cox Linder Stearns Cummings Lampson Sawyer Lipinski Riley Thurman Crane LoBiondo Stenholm Davis (FL) Lantos Scott Livingston Rivers Tiahrt Crapo Manzullo Stump Davis (IL) LaTourette Serrano LoBiondo Roemer Traficant Cubin McCollum Sununu Davis (VA) Leach Sherman Lowey Rogan Upton Deal McIntosh Talent DeFazio Lee Sisisky Lucas Rogers Walsh DeLay Meehan Tanner DeGette Lewis (GA) Skaggs Maloney (CT) Rohrabacher Wamp Diaz-Balart Meek (FL) Thornberry Delahunt Lofgren Skelton Manzullo Ros-Lehtinen Watkins Doolittle Meeks (NY) Thune Dicks Luther Slaughter Martinez Rothman Watts (OK) Duncan Miller (FL) Tiahrt Dixon Maloney (NY) Snyder Mascara Roukema Weldon (FL) Ehrlich Myrick Turner Doggett Manton Stabenow McCarthy (NY) Royce Weldon (PA) Emerson Neumann Upton Dooley Markey Stark McCollum Ryun Weller Ensign Norwood Wamp Duncan Matsui Stenholm McCrery Salmon Wexler Foley Ortiz Watkins Edwards McDermott Stokes McHale Sanford White Fossella Pappas Watts (OK) Engel McGovern Thompson McHugh Saxton Whitfield Fowler Pastor Weldon (FL) Ensign McKinney Tierney McIntosh Scarborough Wilson Fox Paul Weller Eshoo McNulty Torres McIntyre Schaefer, Dan Wise Gallegly Paxon Wicker Farr Meehan Turner McKeon Schaffer, Bob Wolf Gibbons Pease Fattah Meeks (NY) Velazquez Meek (FL) Schumer Young (AK) Gillmor Petri Fazio Miller (CA) Vento Menendez Sensenbrenner Young (FL) Metcalf Sessions Filner Minge Visclosky NOES—286 Ford Mink Waters Mica Shadegg Abercrombie Costello Goode Frank (MA) Mollohan Watt (NC) NOT VOTING—14 Frost Moran (VA) Waxman Ackerman Coyne Goodlatte Furse Morella Weygand Clay McDade Pickering Aderholt Cramer Goodling Gilman Murtha Wicker Conyers McInnis Towns Allen Cummings Gordon Green Nadler Woolsey Cunningham Millender- Yates Baesler Danner Green Greenwood Neal Wynn Gonzalez McDonald Baker Davis (FL) Gutierrez Kilpatrick Moakley Baldacci Davis (IL) Hall (OH) NOES—271 McCarthy (MO) Oxley Barcia Davis (VA) Hamilton Barrett (NE) DeFazio Hansen Aderholt Canady Foley Barrett (WI) DeGette Harman Andrews Cannon Forbes b 2145 Bass Delahunt Hastings (FL) Archer Castle Fossella Bateman DeLauro Hefner Armey Chabot Fowler So the amendment was rejected. Becerra Deutsch Hilleary Bachus Chambliss Fox The result of the vote was announced Bentsen Dickey Hilliard Baesler Chenoweth Franks (NJ) Bereuter Dicks Hinchey Baker Christensen Frelinghuysen as above recorded. Berman Dingell Hinojosa Ballenger Coble Gallegly PERSONAL EXPLANATION Bilbray Dixon Holden Barcia Coburn Ganske Bilirakis Doggett Hooley Barr Collins Gejdenson Ms. MILLENDER-MCDONALD. Mr. Chair- Bishop Dooley Horn Barrett (NE) Combest Gekas man, during rollcall vote No. 385, the Scott Blagojevich Doyle Houghton Bartlett Cook Gephardt amendment to H.R. 4276, I was unavoidably Blumenauer Dreier Hoyer Barton Cooksey Gibbons Boehlert Dunn Hulshof Bass Costello Gilchrest detained. Had I been present, I would have Bonilla Edwards Hutchinson Bateman Cox Gillmor voted yes. Bonior Ehlers Hyde Bentsen Cramer Goode AMENDMENT OFFERED BY MR. GUTKNECHT Bono Engel Istook Bereuter Crane Goodlatte Borski English Jackson (IL) Berry Crapo Goodling The CHAIRMAN. The pending busi- Boswell Eshoo Jackson-Lee Bilbray Cubin Gordon ness is the demand for a recorded vote Boucher Etheridge (TX) Bilirakis Danner Goss on the amendment offered by the gen- Boyd Evans Jefferson Blagojevich Deal Graham UT Brady (PA) Everett John Bliley DeLauro Granger tleman from Minnesota (Mr. G - Brown (CA) Ewing Johnson (WI) Blunt DeLay Gutknecht KNECHT) on which further proceedings Brown (FL) Farr Johnson, E. B. Boehlert Deutsch Hansen were postponed and on which the noes Brown (OH) Fattah Kanjorski Boehner Diaz-Balart Harman prevailed by voice vote. Bryant Fawell Kaptur Bonilla Dickey Hastert Bunning Fazio Kelly Bono Dingell Hastings (FL) The Clerk will designate the amend- Burr Filner Kennedy (MA) Borski Doolittle Hastings (WA) ment. Callahan Forbes Kennedy (RI) Boswell Doyle Hayworth The Clerk designated the amend- Calvert Ford Kennelly Boucher Dreier Hefley Capps Frank (MA) Kildee Boyd Dunn Herger ment. Cardin Franks (NJ) Kim Brady (TX) Ehlers Hill RECORDED VOTE Carson Frelinghuysen Kind (WI) Bryant Ehrlich Hilleary The CHAIRMAN. A recorded vote has Castle Frost King (NY) Bunning Emerson Hobson Clayton Furse Kleczka Burr English Hoekstra been demanded. Clement Ganske Klink Burton Etheridge Holden A recorded vote was ordered. Clyburn Gejdenson Knollenberg Buyer Evans Hooley The vote was taken by electronic de- Collins Gekas Kolbe Callahan Everett Horn Condit Gephardt Kucinich Calvert Ewing Hostettler vice, and there were—ayes 136, noes 286, Cooksey Gilchrest LaFalce Camp Fawell Houghton not voting 12, as follows: August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7161 LaHood Nadler Serrano Blumenauer Harman Nadler Mascara Portman Snowbarger Lampson Neal Shaw Boehlert Hastings (FL) Olver McCollum Poshard Snyder Lantos Nethercutt Sherman Boswell Hilliard Owens McCrery Pryce (OH) Solomon Latham Ney Shimkus Boucher Hinchey Pallone McDade Quinn Souder LaTourette Northup Sisisky Boyd Hinojosa Pascrell McHale Radanovich Spence Leach Nussle Skaggs Brady (PA) Hooley Pastor McHugh Rahall Spratt Lee Oberstar Skeen Brown (CA) Horn Payne McIntosh Ramstad Stearns Levin Obey Skelton Brown (FL) Houghton Pelosi McIntyre Redmond Stenholm Lewis (CA) Olver Slaughter Brown (OH) Hoyer Pickett McKeon Regula Stump Lewis (GA) Owens Smith (OR) Campbell Jackson (IL) Price (NC) McNulty Reyes Stupak Lewis (KY) Packard Smith, Adam Capps Jackson-Lee Rangel Meek (FL) Riggs Sununu Lipinski Pallone Snyder Cardin (TX) Rivers Metcalf Riley Talent Livingston Parker Spence Carson Jefferson Rodriguez Mica Roemer Tanner Lofgren Pascrell Spratt Clayton Johnson (CT) Rothman Miller (FL) Rogan Tauzin Lowey Payne Stabenow Clyburn Johnson, E. B. Roybal-Allard Mollohan Rogers Taylor (MS) Lucas Pelosi Stark Coyne Kelly Rush Moran (KS) Rohrabacher Taylor (NC) Luther Peterson (MN) Stokes Cummings Kennedy (MA) Sabo Murtha Ros-Lehtinen Thornberry Maloney (CT) Peterson (PA) Strickland Davis (FL) Kennedy (RI) Sanchez Myrick Roukema Thune Maloney (NY) Pickett Stupak Davis (IL) Kennelly Sanders Neal Royce Thurman Manton Pomeroy Tauscher DeFazio Kind (WI) Sandlin Nethercutt Ryun Tiahrt Markey Porter Tauzin DeGette Lantos Sawyer Neumann Salmon Traficant Martinez Poshard Taylor (MS) Delahunt Lee Schumer Ney Sanford Turner Mascara Price (NC) Taylor (NC) DeLauro Levin Scott Northup Saxton Upton Matsui Quinn Thomas Deutsch Lewis (GA) Serrano Norwood Scarborough Visclosky McCarthy (NY) Rahall Thompson Dixon Lofgren Shays Nussle Schaefer, Dan Walsh McCrery Ramstad Thurman Doggett Lowey Sherman Oberstar Schaffer, Bob Wamp McDade Regula Tierney Dooley Luther Skaggs Ortiz Sensenbrenner Watkins McDermott Reyes Torres Engel Maloney (CT) Slaughter Packard Sessions Watts (OK) McGovern Rivers Traficant Eshoo Maloney (NY) Smith, Adam Pappas Shadegg Weldon (FL) McHale Rodriguez Velazquez Evans Markey Stabenow Parker Shaw Weldon (PA) McHugh Roemer Vento Farr Martinez Stark Paul Shimkus Weygand McIntyre Rogers Visclosky Fattah Matsui Stokes Paxon Shuster White McKeon Ros-Lehtinen Walsh Fawell McCarthy (NY) Tauscher Pease Sisisky Whitfield McKinney Rothman Waters Fazio McDermott Thomas Peterson (MN) Skeen Wicker McNulty Roukema Watt (NC) Filner McGovern Thompson Peterson (PA) Skelton Wilson Menendez Roybal-Allard Waxman Ford McKinney Tierney Petri Smith (MI) Wolf Metcalf Rush Weldon (PA) Frank (MA) Meehan Torres Pitts Smith (NJ) Young (AK) Mica Sabo Wexler Frelinghuysen Meeks (NY) Velazquez Pombo Smith (OR) Young (FL) Millender- Salmon Weygand Frost Menendez Vento Pomeroy Smith (TX) McDonald Sanchez White Furse Millender- Waters Porter Smith, Linda Miller (CA) Sanders Whitfield Gejdenson McDonald Watt (NC) Minge Sandlin Wilson Gephardt Miller (CA) Waxman NOT VOTING—15 Mink Sawyer Wise Gilman Minge Wexler Clay McCarthy (MO) Pickering Mollohan Saxton Wolf Green Mink Wise Conyers McInnis Strickland Moran (KS) Scarborough Woolsey Greenwood Moran (VA) Woolsey Cunningham Moakley Towns Moran (VA) Schaefer, Dan Wynn Gutierrez Morella Wynn Gonzalez Obey Weller Morella Schumer Young (AK) Kilpatrick Oxley Yates Murtha Scott Young (FL) NOES—271 b 2159 NOT VOTING—12 Aderholt Crane Hayworth Archer Clay Kilpatrick Oxley Crapo Hefley So the amendment was rejected. Armey Conyers McCarthy (MO) Pickering Cubin Hefner The result of the vote was announced Bachus Cunningham McInnis Towns Danner Herger Baker as above recorded. Gonzalez Moakley Yates Davis (VA) Hill Ballenger Deal Hilleary f Barcia DeLay Hobson b 2153 Barr Diaz-Balart Hoekstra PERSONAL EXPLANATION Barrett (NE) Dickey Holden Mrs. KELLY changed her vote from Bartlett Dicks Hostettler Ms. MCCARTHY of Missouri. Mr. chairman, ‘‘aye’’ to ‘‘no.’’ Barton Dingell Hulshof on rollcalls No.'s 380±387, I was unavoidably Mr. CRAPO and Mrs. JOHNSON of Bass Doolittle Hunter Bateman Doyle Hutchinson detained participating in the primary elections Connecticut changed their vote from Bereuter Dreier Hyde in Missouri. Had I been present, I would have ‘‘no’’ to ‘‘aye.’’ Berry Duncan Inglis voted in the following manner: No. 380ÐH. So the amendment was rejected. Bilbray Dunn Istook Con. Res. 213, Yes; 381ÐMollohan Amend- The result of the vote was announced Bilirakis Edwards Jenkins Bliley Ehlers John ment on Legal Services, Yes; 382ÐSkaggs as above recorded. Blunt Ehrlich Johnson (WI) Amendment on TV Marti, Yes; 383ÐSouder AMENDMENT OFFERED BY MS. DE GETTE Boehner Emerson Johnson, Sam Amendment on drug counts, No; 384ÐBass Bonilla English Jones The CHAIRMAN. The pending busi- Bonior Ensign Kanjorski Amendment on ATP, No; 385ÐScott on Truth ness is the demand for a recorded vote Bono Etheridge Kaptur in Sentencing, No; 386ÐGutknecht on Public on the amendment offered by the gen- Borski Everett Kasich Broadcasting, No; and 387ÐDeGette on Abor- tlewoman from Colorado (Ms. Brady (TX) Ewing Kildee tion, Yes. Bryant Foley Kim DEGETTE) on which further proceedings Bunning Forbes King (NY) b 2200 were postponed and on which the noes Burr Fossella Kingston prevailed by voice vote. Burton Fowler Kleczka AMENDMENT OFFERED BY MR. TRAFICANT Buyer Fox Klink The Clerk will designate the amend- Callahan Franks (NJ) Klug Mr. TRAFICANT. Mr. Chairman, I ment. Calvert Gallegly Knollenberg offer an amendment. The Clerk designated the amend- Camp Ganske Kolbe The CHAIRMAN. The Clerk will des- ment. Canady Gekas Kucinich ignate the amendment. Cannon Gibbons LaFalce RECORDED VOTE Castle Gilchrest LaHood The text of the amendment is as fol- The CHAIRMAN. A recorded vote has Chabot Gillmor Lampson lows: Chambliss Goode Largent Amendment offered by Mr. TRAFICANT: been demanded. Chenoweth Goodlatte Latham A recorded vote was ordered. Christensen Goodling LaTourette Page 38, after line 9, insert the following: The vote was taken by electronic de- Clement Gordon Lazio SEC. . The Director of the Bureau of Pris- vice, and there were—ayes 148, noes 271, Coble Goss Leach ons shall conduct a study, not later than 270 Coburn Graham Lewis (CA) days after the date of the enactment of this not voting 15, as follows: Collins Granger Lewis (KY) Act, of private prisons that evaluates the [Roll No. 387] Combest Gutknecht Linder growth and development of the private pris- Condit Hall (OH) Lipinski on industry during the past 15 years, train- AYES—148 Cook Hall (TX) Livingston Abercrombie Baesler Bentsen Cooksey Hamilton LoBiondo ing qualifications of personnel at private Ackerman Baldacci Berman Costello Hansen Lucas prisons, and the security procedures of such Allen Barrett (WI) Bishop Cox Hastert Manton facilities, and compares the general stand- Andrews Becerra Blagojevich Cramer Hastings (WA) Manzullo ards and conditions between private prisons H7162 CONGRESSIONAL RECORD — HOUSE August 4, 1998 and Federal prisons. The results of such crafted this amendment which we The CHAIRMAN. Pursuant to the study shall be submitted to the Committees think is appropriate and are prepared previous order of the House of today, on the Judiciary and Appropriations of the and willing to accept. the gentleman from Georgia (Mr. COL- House of Representatives and the Senate. I congratulate the gentleman from LINS) is recognized for 5 minutes for the The CHAIRMAN. Pursuant to the Ohio (Mr. TRAFICANT) for having the purposes of a colloquy with the distin- previous order of the House of today, wisdom and the fortitude to persevere guished chairman of the subcommittee. the gentleman from Ohio (Mr. TRAFI- to be sure that there is something in Mr. COLLINS. Mr. Chairman, I have CANT) and a Member opposed will each this bill dealing with a very, very trag- serious concerns about whether the control 21⁄2 minutes. ic problem in his State but potentially United States Trade Representative is The Chair recognizes the gentleman a problem in all the other States. I actively enforcing the terms of exist- from Ohio (Mr. TRAFICANT). congratulate the gentleman on bring- ing trade agreements. Specifically, Mr. TRAFICANT. Mr. Chairman, I ing the amendment. compelling evidence has been provided yield myself such time as I may con- Mr. TRAFICANT. Mr. Chairman, I by the U.S. industry which indicates sume. yield such time as he may consume to that actions by at least one Japanese Mr. Chairman, last week, six pris- the distinguished gentleman from West company involved in selling insurance oners, most of them incarcerated for Virginia (Mr. MOLLOHAN), the ranking products in Japan’s third sector insur- murder, escaped from a private for- member. ance market are in direct violation of profit prison in my congressional dis- Mr. MOLLOHAN. Mr. Chairman, like- the U.S.-Japan insurance agreement. trict. The development of private pris- wise, I echo the sentiments of the For over a year I have asked the ons for profit around America is a sign chairman. The gentleman, who rightly USTR to open an investigation into of the times, but in the contract that has a very serious concern about the this matter, but until recently such this private prison had these were to be situation in his congressional district, acts has not been taken. However, in a medium security prisoner inmate risks. has I think approached it in the appro- recent meeting the USTR committed There is still one murderer at large. priate way. to several Members of Congress that The Traficant amendment simply The time frame in which he re- she would hold an open, fair, and com- calls for a study to evaluate the growth quested he gets a response from the Bu- plete interagency review of this mat- and development of private for-profit reau of Prisons I think is appropriate, ter. prisons, the training qualifications of it is expeditious, and I think he is mov- However, unofficial reports from the their personnel, the security program ing in a very smart way. So I support interagency meetings indicate that and the quality of security programs the amendment. government officials outside of the Mr. ROGERS. Mr. Chairman, I yield 1 that they offer and how their standards USTR are calling for a full 30-day in- minute to the gentleman from Ohio compare to those of the Federal Bureau vestigation of these allegations. Mr. (Mr. HOBSON). of Prisons. Chairman, it is my hope that the USTR Mr. HOBSON. Mr. Chairman, I thank It requires that this study be com- will hold a fair and open interagency pleted in 9 months and that the fruits the gentleman for yielding the time. I want to congratulate the ex-chair review and will heed the advice of of this study shall be reported to both those agency officials calling for a full the Judiciary Committees of the House for coming forth with this amendment. I think it is very timely and very need- investigation. and Senate and the Appropriations As the chairman knows, I was pre- Committees of the House and Senate. ed. As my colleague knows, one of the pared to offer an amendment to reduce It is just the beginning, because on the things I hope will be in this study is funding for the USTR, but because of D.C. appropriations bill, where this that the Governor of the State of Ohio my concerns that existing trade agree- contract exists between D.C. prisons has been told that he does not have the ments are not being enforced, I will not and the City of Youngstown, and I do power to shut this facility down. Here offer the amendment. And at this time, not at this point support closing that it is in our State, and we do not have as the bill moves forward through the prison, I just want to make sure that the ability to have any control over process, I would appreciate the support the guidelines and the contractual stip- what is going on there, except when of the chairman in pursuing alter- ulations for the inmate risk is as it they escape, we have got to go out and native remedies if the USTR fails to should be. This amendment does not try to find them at the expense of the live by the commitment that she has deal with that. That will be handled in taxpayers of the State of Ohio and made to the Members. the D.C. appropriations bill. other States. Mr. ROGERS. Mr. Chairman, will the This calls for a study, and with the Mr. TRAFICANT. Mr. Chairman, I gentleman yield? development of these private for-profit yield myself such time as I may con- Mr. COLLINS. I yield to the gen- prisons, we must make sure their sume. tleman from Kentucky. standards are up to par, their training I do not want to be misinterpreted Mr. ROGERS. Mr. Chairman, I under- is up to par, they are certified. The Bu- here. But I think Governor Voinovich stand the concerns that have been reau of Prisons can evaluate them and has done a good job. The State is look- raised by the gentleman and others. I make recommendations to Congress, ing at it and the Federal Government, agree that the USTR should fully en- because it is a sign of the times. as we are talking about today, is doing force existing trade agreements, and Mr. Chairman, with that, I yield to it with the Governor to improve mat- expect the USTR to fulfill the commit- the distinguished chairman, the gen- ters. ments she has made to the Members. tleman from Kentucky (Mr. ROGERS). Mr. ROGERS. Mr. Chairman, again I will be glad to work with the gen- Mr. ROGERS. Mr. Chairman, I ask we salute the gentleman from Ohio tleman and others in the future to en- unanimous consent to claim the addi- (Mr. TRAFICANT) for bringing this mat- sure that this occurs. tional 21⁄2 minutes that is allotted to ter before us, and we want to be of as- Mr. CALLAHAN. Mr. Chairman, will this provision. sistance in trying to solve a problem the gentleman yield? The CHAIRMAN. Is there objection that the Federal Government is a part Mr. COLLINS. I yield to the gen- to the request of the gentleman from of in a big way. I congratulate the gen- tleman from Alabama. Kentucky? tleman. Mr. CALLAHAN. Mr. Chairman, I There was no objection. Mr. Chairman, I yield back the bal- would like to stand and associate my- The CHAIRMAN. Each side is grant- ance of my time. self with the remarks of the gentleman ed an additional 21⁄2 minutes. The CHAIRMAN (Mr. HASTINGS of from Georgia (Mr. COLLINS). Mr. ROGERS. Mr. Chairman, will the Washington). The question is on the Mr. Chairman, I had intended to offer an gentleman yield? amendment offered by the gentleman amendment to H.R. 4276 which would have Mr. TRAFICANT. I yield to the gen- from Ohio (Mr. TRAFICANT). reduced funding for the Office of the United tleman from Kentucky. The amendment was agreed to. States Trade Representative. Mr. ROGERS. Mr. Chairman, the gen- Mr. COLLINS. Mr. Chairman, I rise A number of my colleagues and I have been tleman brings a very somber and im- to join in a colloquy with the sub- deeply concerned that the USTR has not ade- portant point to the body, and he has committee chairman. quately enforced that U.S.-Japan insurance August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7163 trade agreement. There is considerable mate- for, and we have received cooperation (Mr. ENGLISH of Pennsylvania asked rial supporting the claim that Yasuda Fire and from the trade representative, Ms. and was given permission to revise and Marine, Japan's second largest insurance Barshefsky, is for full interagency re- extend his remarks.) company, had entered the so-called third sec- view. That is taking place today, and Mr. ENGLISH of Pennsylvania. Mr. tor of Japan's insurance marketplace in viola- we are very appreciative of their co- Chairman, while I have the highest re- tion of the agreement, which reserves this operation in doing this. spect for the colleagues who are in- sector to American firms until the other insur- It has come to our attention that volved and who have expressed these ance sectors are open to U.S. companies. some of the agencies that are involved concerns, I would point out to these There is considerable evidence, which was in the review feel like it may be nec- gentlemen that this insurance issue is outlined last month in the CONGRESSIONAL essary for that agency involved in the not new. The Yasuda/INA venture, RECORD, that Yasuda has circumvented the review, not USTR, to do an investiga- which is controlled by a Pennsylvania- agreement. tion of their own for over a 30-day pe- based employer, was announced on Initially it was my view, and the view of a riod, maybe even with involving a trip July 7, 1993, well in advance of the 1994 number of my colleagues, that the interagency to Japan for some investigating proce- and 1996 U.S.-Japan trade agreements. review be undertaken as promptly as possible. dures. That is what we are speaking of. Furthermore, by the very terms of Indeed, we had hoped it would be completed There is nothing to mandate that they those agreements, this venture, which within a time frame that would afford members go along with that or that they do is 90 percent owned by a Pennsylvania that. of the Appropriations Committee and others a company, is permitted to compete in Mr. CALLAHAN. Mr. Chairman, will chance to understand its conclusions prior to Japan. Indeed, there have been ongoing the gentleman yield? discussions between Committee on leaving for the August District Work Period. Mr. COLLINS. I yield to the gen- Ways and Means and Committee on However, given the large volume of evidence tleman from Alabama. that has been submitted, the expressed need Mr. CALLAHAN. Mr. Chairman, in Commerce staff with all three inter- among members of the interagency group to response to the inquiry by the gen- ested U.S. companies on this issue for more closely focus on the activities of Yasuda, tleman, I would just like to say that some time now, and the distinguished and the broad implications that matter has for Ms. Barshefsky, as well as her Associ- chairman of the Subcommittee on the sustainability of the U.S.-Japan insurance ate Deputy Representative Fisher, Trade of the Committee on Ways and agreement, it is now our view that the inter- have done an outstanding job in re- Means has asked the GAO to review agency process requires more time. In fact, a sponding to the Members of Congress progress in opening up Japanese mar- too quick review of this important matter would in the last week and have done an out- kets, including a review of the specific be a disservice to the aims and goals of the standing job bringing together the var- matter. agreement. ious factions to discuss this issue. While I recognize that reasonable With this in mind, Mr. Chairman, and trust- But, in further response to the in- people can differ, one fact that is not ing that sufficient time will be given to all par- quiry of the gentleman, I have re- disputed by any of the parties is that ticipants in the interagency group to conduct a quested that Mr. Fisher contact Ms. one U.S. company controls 80 percent thorough review, I shall not offer my amend- Barshefsky and ask her to do an on- of the Japanese third sector market, ment at this time. However, I would encourage ground investigation of Yasuda, be- another U.S. company controls roughly conferees on the bill to be aware of this situa- cause in my opinion, Yasuda, the Japa- 10 percent, and the Pennsylvania com- tion and to be open to initiatives to address it nese insurance company, is trying to pany controls about 3 percent of the if necessary. It is my hope that by then the pull the wool over the eyes of the market. agencies involved will have had an opportunity United States insurance industry by For these reasons, I feel strongly to study in depth, including an on ground buying a 10-percent interest in an that we need to have an objective re- study investigation to full insure that Yasuda is American company and contending view. I think the USTR has done that not violating the agreement, the critical situa- that that is a foreign country when so far, and I strongly support their ef- tion faced by American companies wishing to they already have an agreement, as fort. remain and compete in Japan's third sector in- soon as this thing is expiring, then Mr. Chairman, I know the committee recog- surance market. they can take over that entire entity. nizes the value of the work done by the Office Mr. Chairman, I would be remiss if I did not So I have asked for an on-ground in- of the United States Trade Representative, commend the USTR, Ambassador Barshefsky vestigation for further requests, but and that a reduction in that office's appropria- and her Deputy Richard Fisher for their willing- she has not committed to that. And she tion below your recommendation could have a ness to meet with members of Congress to has been most cooperative in the last profoundly negative affect on our ability to hear our concerns. I was also very pleased week or so. open foreign markets to U.S. products and The CHAIRMAN. The time of the she commenced a full interagency review of services. Additionally budget reductions could gentleman from Georgia (Mr. COLLINS) the case and the specific questions we have damage pending international negotiations to has expired. further open foreign markets for our agricul- raised regarding this matter. Mr. ROGERS. Mr. Chairman, I ask Mr. SKAGGS. Mr. Chairman, will the tural productsÐjust as our farm communities unanimous consent to claim an addi- are already sufferingÐas well as planned ne- gentleman yield? tional 5 minutes and to allot the time. gotiations to allow U.S. financial companies to Mr. COLLINS. I yield to the gen- The CHAIRMAN. Is there objection fairly compete overseas. tleman from Colorado. to the request of the gentleman from For these reasons, I must object to the gen- Mr. SKAGGS. Mr. Chairman, I thank Kentucky? the gentleman for yielding. There was no objection. tleman's statements and object to any direc- I have a copy of the USTR letter of Mr. ROGERS. Mr. Chairman, I yield 1 tion to the Administration with regard to their this date dealing with this whole issue. minute to the gentleman from Colo- current review of the Japanese Insurance It appears that she is committed, one, rado (Mr. SKAGGS). Agreement. My understanding is the gentle- to cooperate fully with the GAO review Mr. SKAGGS. Mr. Chairman, I thank men, and other Members, have requested the that will be looking at this entire the gentleman for yielding the time. Administration to again review a prior inter- issue, as well as reconvening, as I think I just was happy to hear the com- agency decision on this issue. Any Congres- the gentleman indicated, the inter- ments of the gentleman from Alabama sional direction would interfere with the very agency process. (Mr. CALLAHAN) that USTR really is process the gentleman has requested, as well I just wanted to be clear, based on being forthcoming in trying to address as disturb an ongoing substantive, legal proc- the conversation of the gentleman this issue. I know the gentleman was ess and I would ask the Chairman not to from Georgia (Mr. COLLINS) with the very concerned about it when we agree to any such legislative history. chairman, that at this point we are not marked up the bill in full committee, I would like to commend the gentleman from asking for yet another review of this, and I appreciate learning that she and Kentucky for the fair and evenhanded way he and we are relying on the USTR to fol- her staff are being responsive to his has approached this dispute between various low through on that commitment. concerns. U.S. companies and his willingness to see that Is that essentially correct? Mr. ROGERS. Mr. Chairman, I yield 1 all parties in this matter are treated fairly with- Mr. COLLINS. Mr. Chairman, re- minute to the gentleman from Penn- out bringing any undue pressure on the USTR claiming my time, what we are asking sylvania (Mr. ENGLISH). to force them to advantage one American H7164 CONGRESSIONAL RECORD — HOUSE August 4, 1998 company at the expense of another. I look for- around the world for U.S. workers and com- ownership of INA in Japan. That is not ward to working with the gentlemen on this panies. the question. The question is in the ac- issue in the future and I look forward to sup- The amendment filed today is an effort to tivities of the Yasuda Insurance Com- pressure USTR into reversing a recent deci- porting the Committee's budget for the USTR. sion involving complex factual and legal pany in Japan and what they are doing to affect the market of the third sector b 2215 issues regarding the application of the U.S.- Japan Insurance Agreement. The dispute insurance market in Japan. As far as Mr. ROGERS. Mr. Chairman, I yield 2 over this question has divided the U.S. insur- the investigations, we are very pleased minutes to the gentleman from West ance industry. The amendment is prompted that the Trade Representative is con- Virginia (Mr. MOLLOHAN). by a single American insurance company ducting a full interagency review. How- Mr. MOLLOHAN. Mr. Chairman, I that disagrees with the Administration’s de- ever, we would hope that the Trade want to compliment the gentleman for cision. The underlying dispute in question in- Representative would not prohibit or withdrawing the amendment. I think it volves three American insurance companies try to discourage any agency that is in was a bit heavy-handed and I think that compete against each other in the the interagency review from doing a that they made their point. ‘‘third sector’’ of the Japanese insurance further investigation as far as their I just want to clarify, in all this, the market, which has been set aside largely for agency is concerned. That is what we gentleman from Alabama (Mr. CAL- U.S. and other non-Japanese firms. The dis- are speaking of. agreement concerns whether a subsidiary LAHAN) is trying to affect process here, AMENDMENT NO. 45 OFFERED BY MR. SANDERS that is 90-percent-owned by one of the Amer- not substance, as I understand it. Is the Mr. SANDERS. Mr. Chairman, I offer gentleman satisfied with the respon- ican companies should, despite its over- whelming American ownership, be deemed to an amendment. siveness? be a Japanese company and whether the ac- The CHAIRMAN. The Clerk will des- Mr. CALLAHAN. If the gentleman tivities of this company therefore violate the ignate the amendment. will yield, yes, I am satisfied that the U.S.-Japan insurance agreement. For obvi- The text of the amendment is as fol- Trade Representative has responded to ous reasons, compelling evidence would be lows: our initial request and, that is, to in- needed to find that a 90 percent American- Amendment No. 45 offered by Mr. SANDERS: volve all of the agencies that have owned subsidiary is in fact Japanese. USTR Page 40, line 8 insert ‘‘(decreased by some jurisdiction over this issue. How- conducted an extensive review of the argu- $1,000,000)’’ after the dollar amount. ever, the Yasuda Insurance Company in ments made by the parties and of all of the Page 40, line 12 insert ‘‘(decreased by facts presented. Moreover, USTR made cer- $1,000,000)’’ after the dollar amount. Japan, it is true most of the insurance tain that the arguments were presented to is controlled by one American firm, but Page 40, line 13 insert ‘‘(decreased by and the matter reviewed by the interagency $1,000,000)’’ after the dollar amount. by this insurance company who does process. The evidence provided did not dem- Page 40, line 16 insert ‘‘(decreased by about 3 percent of the business selling onstrate that the subsidiary in question is $1,000,000)’’ after the dollar amount. out to a Japanese firm and with an Japanese, and the decision the Administra- Page 76, line 3 insert ‘‘(decreased by agreement to buy all of it after the ex- tion reached reflected that fact. $1,000,000)’’ after the dollar amount. piration date of this treaty gives them Separate from this decision, the Adminis- Page 101, line 21 insert ‘‘(decreased by a distinct advantage over American in- tration told the Japanese Government that $2,000,000)’’ after the dollar amount. it has failed to comply with key aspects of surance interests. I further requested The CHAIRMAN. Pursuant to the the Agreement regarding access to its large- order of the House of today, the gen- of the Trade Representative that she ly closed insurance sector (the so-called pri- do an on-ground investigation into the mary insurance sector). As a result, we have tleman from Vermont (Mr. SANDERS) Yasuda purchase of the 10 percent in- told the Japanese that they may not invoke and the gentleman from Kentucky (Mr. terest in the American company. those provisions of the Agreement that ROGERS) will each control 21⁄2 minutes. Mr. MOLLOHAN. The gentleman would otherwise have opened the third sector The Chair recognizes the gentleman talks about substance when he gets of the Japanese insurance market on Janu- from Vermont (Mr. SANDERS). ary 1, 2001. Mr. SANDERS. Mr. Chairman, I yield into this issue, and I just want to clar- It would be highly inappropriate for myself 11⁄4 minutes. This amendment is ify that what he is asking from the USTR’s funding—which we use to secure ex- Trade Representative is that they have cosponsored by the gentlewoman from port opportunities for all of America’s work- ´ an exhaustive study and investigation ers and firms—to be reduced based on the New York (Ms. VELAZQUEZ). It in- of this. He is not asking for a particu- urging of one company, regarding one issue, creases funding for the Women’s Dem- lar result to come out of this. in a single sector of one foreign market. This onstration Projects, currently known Mr. CALLAHAN. I am not asking for is especially true given that the U.S. insur- as the Women’s Business Centers, from a result. I am just asking that the ance industry is split over the issue and that $4 million to $6 million for fiscal year USTR has taken strong steps just this month 1999. Trade Representative look deeply into to hold Japan to its commitments under the this issue to see whether or not the 10 The Women’s Business Centers cur- Insurance Agreement. Moreover, the General rently have more than 60 centers in percent acquisition by the Japanese Accounting Office will shortly be undertak- firm of the American firm is violative ing a review of the operation of the entire In- over two-thirds of the States. The cen- of the agreement that is in existence. I surance Agreement, including the disputed ters offer financial management, mar- have asked her for what they have issue. In addition, at the request of inter- keting and technical assistance to cur- termed as an on-ground investigation ested Members, we have reconvened the rent and potential women business into the matter. But in defense of the interagency process to again review the mat- owners. Each center tailors its style ter. Trade Representative, she has been and offerings to the particular needs of If enacted, the amendment introduced its community. The SBA with the sup- most responsive in the last 2 weeks. today would impair USTR’s ability to reduce Mr. MOLLOHAN. Mr. Chairman, I in- trade barriers around the world and to en- port of the Congress and the Adminis- clude for the RECORD a letter from the force the agreements we have already nego- tration plans to expand the program Trade Representative on this subject to tiated, including the Insurance Agreement adding 30 new centers so that there will clarify her position. itself. This Administration has a strong be a center in every State, including The letter referred to is as follows: record of opening markets and enforcing our the State of Vermont. trade agreements. The Insurance Agreement Fostering the growth of small, U.S. TRADE REPRESENTATIVE, is no exception. Washington, DC, August 4, 1998. women-owned businesses is a smart in- The Insurance Agreement already has pro- vestment. Women are starting new Hon. ALAN MOLLOHAN, vided enormous benefits to the U.S. insur- Ranking Member, Subcommittee on Commerce, ance industry, and USTR has worked dili- firms at twice the rate of all other Justice, State and Judiciary, House of Rep- gently to make sure that Japan abides by businesses and own more than one- resentatives, Washington, DC. the commitments it has made. third of all firms in the United States. DEAR REPRESENTATIVE MOLLOHAN: I am Sincerely, They contribute $2.3 trillion to the writing to express my strong opposition to CHARLENE BARSHEFSKY. economy. The 8 million women-owned the amendment filed by Rep. Collins, and firms employ 18.5 million people, or any other proposal, to reduce appropriations Mr. ROGERS. Mr. Chairman, I yield 1 for the Office of the United States Trade minute to the gentleman from Georgia one in every five U.S. worker, and 35 Representative for the next fiscal year. This (Mr. COLLINS). percent more people in the United amendment is ill-considered and would se- Mr. COLLINS. Mr. Chairman, let me States than the Fortune 500 companies verely impair our ability to open markets just point out, we understand fully the employ worldwide. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7165 Mr. Chairman, I reserve the balance ing, coaching and mentoring from the Wom- deal with the problems of coastal of my time. en's Business Center program her sales in- nonpoint pollution. More specifically, Mr. ROGERS. Mr. Chairman, I yield creased by 40%. the Pallone-Gilchrest amendment pro- myself such time as I may consume. Another success story is Deborah Clark vides an additional $4 million for coast- We think the gentleman’s amendment owner of Prarie Moons also of Norman. Debo- al States to complete their coastal makes sense. We have conferred with rah not only received business plan develop- nonpoint source pollution control pro- him at some length on the matter, we ment assistance, but was able to secure start- grams. think it is a good amendment, and we up financing for her retail store thanks to con- Since 1995, only $1 million has been accept it. nections made through the Women's Business appropriated for this purpose. The Mr. SANDERS. Mr. Chairman, I yield Center. amendment also adds $1 million in the balance of my time to the gentle- Expanded funding for this program nation- coastal zone management grants so woman from New York (Ms. wide would achieve the Small Business Com- that all eligible coastal States can re- VELA´ ZQUEZ), the cosponsor of this mittee's goal of one women's business center ceive maximum support from this pro- amendment. in every state. Women Business owners rep- gram, including three newly eligible The CHAIRMAN. The gentlewoman resent the fastest growing segment of our States, Minnesota, Ohio and Georgia. from New York is recognized for 11⁄4 economy, with more than two-thirds of all new These grants are used for important minutes. businesses being started today by women. projects such as waterfront revitaliza- ´ Ms. VELAZQUEZ. Mr. Chairman, I These programs focus on issues specific to tion, improving public access to beach- rise in strong support of the Sanders- micro-enterprise and the needs of emerging es, and controlling coastal nonpoint Vela´ zquez amendment. My colleagues, entrepreneurs. source pollution, the country’s leading the face of business is changing. We are I am delighted to support increased funding cause of water quality problems. seeing a phenomenal growth in the for this very important program. Finally, the amendment increases number of women-owned businesses. In Mr. ROGERS. Mr. Chairman, we ac- funding for coastal zone management 1976, women owned just 6 percent of our cept the amendment, and I yield back enhancement grants by $3 million. This Nation’s businesses. Today, 20 years the balance of my time. funding is particularly important to later, that number has grown to 36 per- The CHAIRMAN. The question is on those States which have already cent. That is over 8 million businesses the amendment offered by the gen- reached the existing cap in coastal owned by women. By the year 2000 it is tleman from Vermont (Mr. SANDERS). zone management funding. This is a expected that one out of every two The amendment was agreed to. modest amendment, Mr. Chairman, $8 businesses will be owned by a woman. AMENDMENT NO. 44 OFFERED BY MR. PALLONE million in all, but it is an amendment These centers provide a broad range Mr. PALLONE. Mr. Chairman, I offer that will have an enormous impact for of training and counseling services to an amendment. 30 coastal States and four territories. women in the areas of finance, manage- The CHAIRMAN. The Clerk will des- It is money that can easily be lever- ment and marketing. By tailoring their ignate the amendment. aged. The coastal zone management services to the needs of the local com- The text of the amendment is as fol- program has a proven $2 return for munity, Women’s Business Develop- lows: every Federal dollar invested. ment Centers have given women-owned Mr. Chairman, clean water is not Amendment No. 44 offered by Mr. PALLONE: businesses a fighting chance. They Page 52, line 13, after the dollar amount, only important for our environment, it have also played an important role in insert the following: ‘‘(increased by is important for our ports and tourism amplifying the voice of women busi- $8,000,000)’’. industry. I urge my colleagues to join ness owners. Page 52, line 25, after the dollar amount, the gentleman from Maryland and my- In New York City, one center is insert the following: ‘‘(increased by self in casting a vote for clean water working with women who are welfare $8,000,000)’’. and adopting this important amend- recipients to start their own business, Page 53, line 1, after the dollar amount, in- ment. and they are succeeding. On the two- sert the following: ‘‘(increased by Mr. Chairman, I reserve the balance year anniversary of the President’s $8,000,000)’’. Page 53, line 5, after the dollar amount, in- of my time. signing the welfare bill into law, mov- sert the following: ‘‘(increased by Mr. ROGERS. Mr. Chairman, I yield ing from welfare to work is still a great $8,000,000)’’. myself such time as I may consume. achievement. Moving from welfare to Page 54, line 18, after the dollar amount, Mr. Chairman, I rise in opposition to self-employment is pure inspiration. insert the following: ‘‘(reduced by the amendment. I want to be sure that Women’s Business Development Cen- $15,000,000)’’. every Member knows what he or she is ters help make this dream possible. The CHAIRMAN. Pursuant to the voting for if they vote for this amend- The Sanders-Vela´ zquez amendment order of the House of today, the gen- ment. will ensure that this dream is a reality tleman from New Jersey (Mr. PALLONE) A vote for this amendment is a vote for many, many women. I urge the and the gentleman from Kentucky (Mr. to cut critical Weather Service pro- adoption of this amendment. ROGERS) each will control 71⁄2 minutes. grams. Ninety-eight percent of the Mr. WATTS of Oklahoma. Mr. Chairman, I The Chair recognizes the gentleman moneys the gentleman proposes to cut am proud to offer my support for the Women's from New Jersey (Mr. PALLONE). pays for the critical equipment and Business Center program. This program has Mr. PALLONE. Mr. Chairman, I yield computer systems now being put in served the State of Oklahoma extremely well. myself 2 minutes. your local Weather Service offices as a The Women's Business Center in Oklahoma Mr. Chairman, polluted runoff into part of the Weather Service moderniza- City, serving all of central Oklahoma's women our bays, lakes, rivers and estuaries is tion and for the weather satellites that entrepreneurs, is a tremendous example of a the Nation’s number one water pollu- these offices depend on to provide public-private partnership. Not only does this tion problem and affects over half of weather warnings and forecasts to your very ``entrepreneurial'' non-profit organization all Americans who live along the coast. constituents. Fifteen million dollars leverage its federal grant 2:1 with community It also impacts the 32 percent of the worth. support, it has created a unique program offer- Nation’s gross national product that is The other program his amendment ing a ``support-system'' to micro-entre- derived from coastal areas and re- would cut is the construction of the preneurs. First and foremost, the organization sources. National Marine Fisheries Service lab offers hands-on training led by successful en- This amendment, which is cospon- being constructed now at Santa Cruz, trepreneurs. Over the past 3 years more than sored by the gentleman from Maryland California. These are the cuts that are 2,000 people have attended training work- (Mr. GILCHREST), increases funding for being made by this amendment. shops with more than 250 participating in an the coastal nonpoint pollution program I just cannot support cutting these in-depth 45 hour business expansion course. and the Coastal Zone Management Act important programs related to the Na- An example in my district is Rosemary to meet the levels in the Administra- tional Weather Service. I appreciate Carslile, owner of Mattress and Furniture Di- tion’s Clean Water Action Plan. Both the gentleman’s support for clean rect in Norman, Oklahoma. She has been in of these programs provide invaluable water programs, and I would say to the business for more than 5 years, yet after train- financial assistance to the States to gentleman that this subcommittee has H7166 CONGRESSIONAL RECORD — HOUSE August 4, 1998 been very supportive of these pro- I hope my colleagues will support the next, but I do not want to get into a grams. Despite the very difficult fund- Pallone-Gilchrest amendment. discussion about fine-tuning the ing constraints that we faced, we in- Mr. ROGERS. Mr. Chairman, I yield 2 amounts of how much money is avail- crease funding for clean water pro- minutes to the gentleman from West able for satellites and Weather Service grams by over 17 percent. This bill pro- Virginia (Mr. MOLLOHAN), my distin- and how much money for other areas. vides over $70 million for these activi- guished friend. Mr. ROGERS. Mr. Chairman, will the ties, including an 8 percent increase for Mr. MOLLOHAN. Mr. Chairman, I gentleman yield on that point? grants to States under the Coastal rise in reluctant opposition to the Mr. GILCHREST. I yield to the gen- Zone Management Act. Pallone amendment, reluctant because tleman from Kentucky. While I can appreciate that the gen- I strongly support the clean water ini- Mr. ROGERS. Mr. Chairman, funds tleman would like to have seen more, I tiative and would love to see $8 million have already been allocated. All the would have liked to have seen more, we more put into that account. Unfortu- unobligated have now been taken. Mr. GILCHREST. The point I would simply had to make hard choices and nately, I cannot support the gentle- like to make, Mr. Chairman, is that man’s amendment because of the off- prioritize, and this is the way it came there is a lot of money that is carried set, a $15 million reduction in NOAA out. Clearly clean water programs were over from year to year. We have prob- procurement, acquisition and construc- a priority as evidenced by the signifi- lems in numerous areas in the NOAA tion. cant increase that they received in this account. bill. But our other priority was ensur- Now, first of all, why would we be The point is that this particular ing that the National Weather Service taking $15 million from NOAA procure- issue, which we would like to bring be- was adequately funded and that the ment, acquisition and construction fore the House tonight, is that there modernization of your local weather of- when we are only increasing the clean simply is not enough money to deal fices would be completed so that your water grants by $8 million? It is be- with the problems of nonpoint-source constituents would have the best cause we have an outlay problem with pollution among our coastal areas, in- weather forecasting that we can afford. regard to it, and it takes more money cluding the Great Lakes. There simply I think it is foolhardy to cut this prior- out of NOAA construction to get $8 is not enough money, since we realize ity in order to fund any other program. million for clean water grants. So we that 100 percent of the Great Lakes are Therefore, I urge rejection of the are not talking about an $8 million re- under a fish advisory for consumption amendment. duction, we are really talking about al- by people. The Great Lakes will tell Mr. Chairman, I reserve the balance most twice that much, a $15 million re- women that are pregnant, do not eat of my time. duction in these accounts. any fish. In the Delaware estuary and Mr. PALLONE. Mr. Chairman, I yield Mr. Chairman, these accounts can ill the Delaware River, in the coastal 11⁄2 minutes to the gentleman from afford to be reduced. These are the areas around Maryland and Delaware North Carolina (Mr. JONES). NOAA weather accounts primarily. and New Jersey, women that are preg- Ninety-eight percent of the money in b 2230 nant are told not to eat the fish. NOAA procurement is for weather, ei- I recognize the problems with not Mr. JONES. I thank the gentleman ther for satellites or for the Weather enough money, but we certainly need for yielding this time to me. Service. We can ill afford to reduce to understand the nature of the prob- Mr. Chairman, I rise tonight in sup- that money, and this committee has al- lem of nonpoint-source pollution in our port of the Pallone-Gilchrest amend- ready reduced the Weather Service by coastal areas, and we need to recognize ment. This amendment would add $8 significant amounts, roughly $90 mil- an even more serious problem of per- million to the coastal nonpoint pollu- lion below the President’s request or sistent toxic chemicals that not only tion program which is of vital impor- thereabouts. We really cannot afford to are a problem of yesterday, are not tance to my coastal district in North take any more money out of there. only a problem of today, but unless Carolina and other coastal areas Mr. Chairman, we have had a sat- these problems are dealt with they are throughout the Nation that are faced ellite failure. We need desperately to a problem for generations to come. with pollution threats daily. spend money on satellites. We are be- Mr. ROGERS. Mr. Chairman, I yield 1 Just last week a fish kill killing ap- hind there already. And, in addition, minute to the gentleman from Colo- proximately 200,000 menhaden occurred the second part of the NOAA procure- rado (Mr. SKAGGS), a member of the along the Neuse River in North Caro- ment account, which this $15 million subcommittee. lina that can be attributed to the dead- would come out of, is for systems and Mr. SKAGGS. Mr. Chairman, I thank ly toxin pfiesteria. The coastal equipment for the National Weather the gentleman for the time. Both of the gentlemen, all three that nonpoint program has allowed North Service. This category includes contin- have spoken in favor of this amend- Carolina to adopt nutrient-sensitive ued development, procurement and ac- waters strategies for the river. ment, make very compelling cases, and quisition of the AWHPS system, the I guess I am in the awkward position of The coastal nonpoint pollution pro- weather forecasting and warning sys- gram allows States to develop and im- wanting to help love their amendment tem, which I do not think can afford at to death, to acknowledge how meritori- plement plans to control coastal run- all to have this money taken out. ous their claim is for additional re- off. Each State may use the grant So, while the amendment is very sources but then say, as the chairman money to best fit its needs, if it be im- worthy in terms of the account which has, ‘‘Not here.’’ Because the account proving pesticide and nutrient manage- it wants to increase, the offsets make that they would be going after by this ment or improving storm water treat- it untenable, and I reluctantly oppose offset I think has an even more critical ment. The program is flexible enough the amendment, Mr. Chairman. priority for the country, especially to help States solve the problems, the Mr. PALLONE. Mr. Chairman, I yield with the very tenuous status of our problems in each individual State. 2 minutes to the gentleman from Mary- weather satellite system right now. It The Pallone-Gilchrest amendment land (Mr. GILCHREST), the cosponsor of is already being stretched very thin by does three important things. First, it the amendment. the constraints in this bill. provides critical money for the States Mr. GILCHREST. Mr. Chairman, I To further eat into this account I to draft these plans; second, it provides thank the gentleman for yielding this think really puts into severe jeopardy money for the implementation of these time to me. our overall capability to keep track of plans; and, third, it provides much- I know the difficulty of transferring weather forecasting, severe weather needed money for the new Coastal Zone money from one account do another ac- events that carry even greater threat Management programs. count, and I realize and understand the to the health and safety of the people As summer wears on, more and more $8 million would account for close to, if of this country than do the risks that constituents of ours will be vacation- not including, $15 million from these the gentlemen’s amendment would be ing along our oceans and waterways. It various accounts. It is my understand- designed to address. is important, even for noncoastal Mem- ing, though, that there is a fairly large So, as with everyone else that has bers, that we fully fund these programs pot of money that is in unobligated spoken against my colleagues, I do so and address the needs of waterways. funds carried over from one year to the reluctantly. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7167 Mr. PALLONE. Mr. Chairman, I yield business organizations, as well as many State pleting algae bloom, shellfish harvest 1 minute to the gentlewoman from associations and municipalities. restrictions. The pollution takes a sig- California (Mrs. CAPPS). Mr. Chairman, we must remember that ev- nificant toll both on the environment (Mrs. CAPPS asked and was given erything runs downstream and eventually into and the economies of our coastal areas, permission to revise and extend her re- the ocean. We cannot continue to treat or wa- an area where more than 50 percent of marks.) terways as a dumping ground for our wastes. the United States population lives. Mrs. CAPPS. Mr. Chairman, I rise in Clean waterways are essential to our na- To tackle this threat to our coastal support of the Pallone-Gilchrest tion's fishing, tourism, and recreation indus- areas, this bill is very, very important, amendment to provide full funding for tries. Mr. Chairman, and I urge support for the State Coastal Pollution Control I urge my colleagues to support the Pallone- my colleague. Program. This amendment puts funds Gilchrist amendment. The CHAIRMAN. The question is on where they are needed most, at the Mr. ROGERS. Mr. Chairman, I yield the amendment offered by the gen- State and local level. myself the balance of my time. tleman from New Jersey (Mr. A recent report by the Natural Re- The CHAIRMAN. The gentleman is PALLONE). sources Defense Council showed that recognized for 2 minutes. The question was taken; and the pollution warnings for California Mr. ROGERS. Mr. Chairman, I have a Chairman announced that the noes ap- beaches went up by almost 8 percent letter in my hands from the Depart- peared to have it. last year. In my district, Santa Bar- ment of Commerce of the administra- Mr. PALLONE. Mr. Chairman I de- bara County issued beach advisories on tion dated July 31 in which they say mand a recorded vote. 198 days during 1997, warning the public that they cannot support, in essence, The CHAIRMAN. Pursuant to House of elevated bacterial levels in the surf, this amendment. They say that we can- Resolution 508, further proceedings on and after the storms of this last year not support further reductions in this the amendment offered by the gen- we know that the numbers will be even account or other Commerce programs, tleman from New Jersey (Mr. PALLONE) higher. and they say that because they go will be postponed. This amendment is supported by con- ahead to say in the letter: AMENDMENT OFFERED BY MR. ENGEL servation, commercial and recreational ‘‘The committee bill already reduces Mr. ENGEL. Mr. Chairman, I offer an fishing and business organizations, as this account by $88.2 million, and a amendment. well as many State associations and proposal to reduce PAC by another re- The CHAIRMAN. The Clerk will des- municipalities. duction of $15 million would cause ignate the amendment. Mr. Chairman, we must remember delays and increase costs to the Fed- The text of the amendment is as fol- that everything runs downstream and eral Government for the remaining lows: eventually into the ocean. We cannot projects.’’ Amendment offered by Mr. ENGEL: continue to treat our waterways as a That is satellites, that is weather Page 47, line 11, after the dollar amount in- dumping ground for our wastes. Clean sert the following: ‘‘(increased by forecasting of the floods and the hurri- waterways are essential to our Na- $5,000,000)’’. canes and the tornadoes and all the tion’s fishing, tourism and recreation Page 92, line 25, after the dollar amount in- other disasters that we are facing al- industries, and I urge my colleagues to sert the following: ‘‘(reduced by $5,000,000)’’. ready. support the Pallone-Gilchrest amend- The CHAIRMAN. Pursuant to the And so I urge the committee not to ment. previous order of the House of today, Mr. Chairman, I rise in support of the yield to the temptation to put more the gentleman from New York (Mr. Pallone-Gilchrest Amendment to provide full money in clean water, which we would ENGEL) and a Member opposed will funding for State Coastal Pollution Control pro- all like to do, but as the gentleman each control 5 minutes. grams. from Colorado says, this is an even The gentleman from New York (Mr. This amendment would provide critically higher priority, and that is forecasting ENGEL) is recognized for 5 minutes. needed funding to protect our nation's water- the weather for our constituents. Mr. ENGEL. Mr. Chairman, I yield ways, oceans, and coastal regions. It would So I urge a defeat of this amendment. myself such time as I may consume. provide full funding for NOAA's Clean Water Mr. Chairman, I yield back the bal- Mr. Chairman, I rise today to offer an Initiative, a critical component to the Presi- ance of my time. amendment to increase funding for the dent's Clean Water Action Plan. Mr. PALLONE. Mr. Chairman, I yield Public Telecommunication Facilities I had the opportunity to participate in the 1 minute to the gentlewoman from New Program, PTFP, by $5 million. I sup- historic National Ocean Conference in Monte- York (Mrs. LOWEY), a member of the port public broadcasting, and I think rey, CA where a variety of topics were dis- Committee on Appropriations. this is a very important amendment to cussed regarding ocean protection. At follow (Mrs. LOWEY of New York asked and help public broadcasting. up conferences which I convened in my dis- was given permission to revise and ex- I am offering this amendment be- trict, a reoccurring theme was the need to pro- tend her remarks.) cause I believe we must address the tect our oceans from non point sources of pol- Mrs. LOWEY. Mr. Chairman, I thank daunting challenge that the public lution. the gentleman for yielding this time to broadcasters are facing in the conver- Too much pollution from the land runs me, and with great respect for our sion to digital broadcast transmission. straight to the sea. Polluted runoffÐfrom our chairman and our ranking member, I Additional funding for PTFP can help nation's roads, farms, grazing, logging, mining, support the amendment of my col- with this transition. PTFP is a success housing development, and other land uses, is league from New Jersey. story that demonstrates what the gov- the single largest threat to water quality in this I would like to point out to my col- ernment and the private sector can ac- country. This runoff is a major cause of in- leagues that I notice in one of our press complish when they work together. creased beach closures and of the current cri- releases that this bill does provide $439 The facilities program is a matching sis in our fisheries. Polluted runoff threatens million for weather satellites, which is grants plan for public radio and tele- our ecosystems, our health, and indeed our a $110 million increase over fiscal year vision stations. It helps stations pur- economies. 1998. So although this is clearly an im- chase equipment to extend their sig- This amendments puts funds where they portant need and we support it, I think nals to unserved areas as well as re- are needed mostÐat the state and local level. the greater need here is to support the place outdated hardware such as trans- A recent report by the Natural Resources amendment of the gentleman from New mitters, master control rooms or tow- Defense Council showed that pollution warn- Jersey (Mr. PALLONE), because from ers. Many of these stations are in rural ings for California beaches went up by almost Long Island Sound to Chesapeake Bay, areas and do not have the resources to 8 percent last year. In my District, Santa Bar- from the Gulf of Mexico to San Fran- upgrade their systems or receive sig- bara County issued beach advisories warning cisco Bay, nonpoint-source pollution is nals. The facilities program has been the public of elevated bacterial level in the surf a major cause of water quality impair- an unqualified success because it has on 198 days during the year 1997. We know ment. helped extend public television and the numbers will be higher this year. In fact, polluted runoff is the number public radio services to most of the This amendment is supported by conserva- one water problem nationwide, causing country, and certainly that is a very tion, commercial and recreational fishing, and beach closures, fish kills, oxygen de- worthwhile endeavor. H7168 CONGRESSIONAL RECORD — HOUSE August 4, 1998 PTFP is the sole program in the Fed- The CHAIRMAN. The gentleman the remaining $6 million out for the eral Government that assists in the from West Virginia (Mr. MOLLOHAN) is public television facilities grant pro- maintenance of the vast public broad- recognized for one minute. gram. That may be a meritorious pro- casting inventory, which now exceeds Mr. MOLLOHAN. Mr. Chairman, I gram, but that leaves $1 million for the an estimated $1 billion in value. Since thank the gentleman for yielding me Maritime Title XI program, which is its inception, PTFP has invested $500 time, and I rise in support of his entirely inadequate. million in public telecommunication amendment. That program basically is intended facilities that deliver informational, I would like to compliment the gen- to provide guarantees, loan guarantees, cultural and educational programming tleman on his fine work, both this year for U.S. shipbuilders. The fact is we to the American people. That is a sig- and in the past, on behalf of public have shipbuilders all around this Na- nificant investment in a system that is radio and television. Our bill funds tion who used to rely on a very robust now nearly universal, reaching commu- PTFP at last year’s funding level of $21 Naval program, and cannot do that nities as diverse as Point Barrow, Alas- million. The gentleman’s amendment anymore because our Navy is not build- ka; Jackson, Mississippi; and Los An- would provide an additional $5 million ing any ships. If we build more than geles, California. to help our public radio and TV sta- three or four ships in a single year, it This universality provides an amaz- tions convert to digital formatting. is amazing. That is not enough to sus- ing potential for communication This is much less than is actually need- tain our shipbuilders around this coun- among Americans as we move further ed, but it represents a good first start. try. into a digital information age. The I want to again rise in support of the If this country gets into a major con- Federal Communications Commission amendment, and compliment the gen- flict abroad and we need ships, we need has mandated that all public television tleman for his good efforts. supplies, we need to recreate the situa- Mr. LIVINGSTON. Mr. Chairman, I stations be on the air with a digital tion that we saw ourselves in in Desert rise in opposition to the amendment. Storm, we, quite frankly, could not signal by May 2003. Public radio sta- The CHAIRMAN. The gentleman build the ships fast enough to begin tions face a similar transition, al- from Louisiana (Mr. LIVINGSTON), the though no timetable has been set. distinguished chairman of the Commit- with, and, even if we could, we could The industry has done extensive re- tee on Appropriations, is recognized for not afford the demand. search and estimates the costs associ- 5 minutes. This program allows us for every $1 ated with the transition conversion to (Mr. LIVINGSTON asked and was million to shipbuilders, we can actu- be $1.7 billion. Public broadcasting sta- given permission to revise and extend ally leverage that into $20 million of tions are facing huge financial obsta- his remarks.) loan guarantees for U.S. ships, and that cles with digital transition. Tower re- Mr. LIVINGSTON. Mr. Chairman, I creates jobs in the shipbuilding indus- placements costing $1 to $3 million are yield myself such time as I may con- try. estimated for about one-third of public sume. I happen to represent a shipbuilding television stations. Mr. Chairman, I rise in reluctant op- center in south Louisiana. Others rep- resent shipbuilding centers around the b 2245 position to the amendment offered by the gentleman from New York. I know coastal regions of this country. For In addition, each analog transmitter the gentleman feels strongly about this those Members who represent ship- and antenna will have to be replicated subject and he would like to help the building communities, I would say that in digital formats over the next seven Public Television Facilities Program, this is a very, very important program, years at high cost. Furthermore, the but the fact is that that program has no less important, in fact, a lot more cost to displace radio stations could been funded at $6 million above the important, than the public television run from thousands to millions of dol- President’s request. It is a level equal facilities grant program. Mr. Chair- lars because of dislocations or struc- to last year. So it has gotten $6 million man, I ask that Members consider that tural problems with older towers. more than the President requested, and this program from which the gen- We have an obligation to help public level-funded with what was appro- tleman hopes to take $5 million will be broadcasters finance this enormous priated in this act last year. crippled if it loses five/sixths of what venture. Public stations must have the Now, public television is certainly remains. ability to keep up with changing tech- popular throughout every region of Mr. MOLLOHAN. Mr. Chairman, will nologies. With proper resources, we can this Nation, but, in the other bill, the the gentleman yield? ensure that the public-private partner- Labor-Health-Education appropriations Mr. LIVINGSTON. I yield to the gen- ship between the Federal Government bill, we actually appropriate some hun- tleman from West Virginia. and public broadcasting will guarantee dreds of millions of dollars in one fash- Mr. MOLLOHAN. Mr. Chairman, I that all Americans will continue to ion or another to public television. stood up to support this amendment benefit from the services and program- I dare say that as important as this based upon the new estimates that ming available through public broad- project is, it is not so important that it there would be as much as $60 or $63 casting. should take $5 million from the already million carryover. I hope that that I am strongly supportive of a pro- depleted funding of Title XI, which pro- happens, and that that addresses some posal put forth by the President that vides for maritime construction sub- of the distinguished chairman’s would create a new digital transition sidies. That program provided initially, thoughts. program that would help stations with before we came to the floor in this bill, Mr. LIVINGSTON. Mr. Chairman, re- digital conversion. While the Commit- some $16 million, and $10 million of claiming my time, the gentleman is tee on Appropriations chose not to au- that $16 million was siphoned away to correct, there is carry-over, although I thorize the program, it is my hope that pay for the increase that Members think the gentleman’s figures are such a plan can be created in the future wanted to apply to the Legal Services greatly inflated. I think it is about half so that we can properly assist public Corporation. of that. broadcasters with their digital trans- Now, our business on the Committee I would simply say without those al- mission needs. on Appropriations and here in the ready obligated funds, the current con- This amendment is a modest attempt House is to assess priorities. It is obvi- tracts would have to be terminated and to help them adapt to the digital, and ously a priority of the House to meet jobs would be immediately lost; and start a dialogue for future actions that the higher level funding demand for that is not a good idea. can be taken. Let us fully support Legal Services. But the maritime sub- The CHAIRMAN. All time on the these efforts, so the American people sidy program is not any less important amendment has expired. can continue to receive the quality today and at this moment than it was The question is on the amendment programming they deserve. I urge my when it was written into the bill at $16 offered by the gentleman from New colleagues to support this amendment. million. It is currently $6 million be- York (Mr. ENGEL). Mr. Chairman, I yield the balance of cause of Legal Services. The question was taken; and the my time to the gentleman from West The gentleman from New York (Mr. Chairman announced that the noes ap- Virginia (Mr. MOLLOHAN). ENGEL) would like to take $5 million of peared to have it. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7169 Mr. ENGEL. Mr. Chairman, I demand will be willing to entertain a re- Proponents of these subsidies claim a recorded vote. programming request from NOAA for that cooperation between government The CHAIRMAN. Pursuant to House no more than $600,000 to cover the costs and industry is essential to compete in Resolution 508, further proceedings on of any necessary changes. the global marketplace. Well, if this the amendment offered by the gen- My question to the chairman is, does kind of cooperation were indeed the tleman from New York (Mr. ENGEL) he believe that this is the appropriate panacea they claim, then Eastern Eu- will be postponed. way to address the issue of the sea- rope would be the dominant economic AMENDMENT OFFERED BY MR. FARR OF water system at the Santa Cruz labora- superpower in the world. It is not. CALIFORNIA tory, and will the gentleman agree to We commend the American economy Mr. FARR of California. Mr. Chair- do so? for being the most productive in the man, I offer an amendment. Mr. ROGERS. If the gentleman will world. Our economy was not built on The CHAIRMAN. The Clerk will des- yield further, the answer is yes. government subsidies and those social- ignate the amendment. Mr. FARR of California. Mr. Chair- ist economies that are built on sub- The text of the amendment is as fol- man, I thank the gentleman. sidies are economies that are failing lows: Mr. Chairman, I yield back the re- and attempting to reform along the Amendment offered by Mr. FARR of Califor- mainder of my time. lines of a free market. nia: The CHAIRMAN. Does any Member Now, high-tech R&D will continue if Page 52, line 19, after the dollar amount in- claim time in opposition to the amend- they are deemed worthy by those that sert ‘‘(increased by $1,000,000)’’. ment? choose to invest their own money. High Page 52, line 25, after the dollar amount in- If not, the question is on the amend- sert ‘‘(increased by $1,000,000)’’. definition TV is one of the clearest Page 53, line 2, after the dollar amount in- ment offered by the gentleman from failures of government targeted hand- sert ‘‘(increased by $1,000,000)’’. California (Mr. FARR). outs. Japanese businesses with sub- Page 53, line 5, after the dollar amount in- The amendment was agreed to. sidies that totalled $1 billion in the sert ‘‘(increased by $1,000,000)’’. AMENDMENT NO. 15 OFFERED BY MR. ROYCE 1980’s sought to help HDTV using exist- The CHAIRMAN. Pursuant to the Mr. ROYCE. Mr. Chairman, I offer an ing analog technology. The French did previous order of the House today, the amendment. the same. $1 billion of their taxpayers’ gentleman from California (Mr. FARR) The CHAIRMAN. The Clerk will des- money went into that. and a Member opposed will each con- ignate the amendment. Luckily, here in the U.S., our admin- trol 5 minutes. The text of the amendment is as fol- istration at the time took a pass at The gentleman from California (Mr. lows: providing $1.2 billion in subsidies to FARR) is recognized for 5 minutes. Amendment No. 15 offered by Mr. ROYCE: compete with these foreign rivals. As a Mr. FARR of California. Mr. Chair- Page 51, line 9, insert ‘‘(reduced by result of being denied massive sub- man, I yield myself such time as I may $180,200,000)’’ after ‘‘$180,200,000’’. sidies, American companies were consume. Page 51, line 10, insert ‘‘(reduced by forced to develop an alternative with Mr. Chairman, I rise today to offer an $43,000,000)’’ after ‘‘$43,000,000’’. their own money. amendment that would support an ad- Page 51, line 12, insert ‘‘(reduced by The alternative that AT&T and Ze- $500,000)’’ after ‘‘$500,000’’. ditional $1 million for the National Es- nith developed was a fully digital sys- tuary and Research Reserve program. The CHAIRMAN. Pursuant to the tem that made analog Japanese and Our Nation’s fishery nursery is in these previous order of the House today, the European systems obsolete. Before estuaries, which supports 75 percent of gentleman from California (Mr. ROYCE) they were ever put into production, the the U.S. commercial fish catch. I offer and a Member opposed to the amend- Japanese and European taxpayers lost the amendment by taking carry-over ment will each control 5 minutes. $2 billion because their governments funds from the Saltonstall-Kennedy The gentleman from California (Mr. directed and handed out the subsidies. fund. ROYCE) is recognized for 5 minutes. We relied on the market, and, again, it I ask that the gentleman from Ken- Mr. ROYCE. Mr. Chairman, I yield showed that the market works. tucky (Mr. ROGERS) if he would accept myself such time as I may consume. We are the economic leader of the the amendment. Mr. Chairman, the Advanced Tech- world precisely because of the relative Mr. ROGERS. Mr. Chairman, will the nology Program provides subsidies to lack of government involvement in the gentleman yield? multimillion dollar corporations and economy, not because of centraliza- Mr. FARR of California. I yield to joint ventures to fund high technology tion. The market where people choose the gentleman from Kentucky. research and development. High-tech to put their own money at risk should Mr. ROGERS. Mr. Chairman, we have R&D has been central to our economy determine what activities should be worked with the gentleman on his and continued economic growth, and I funded, not bureaucrats in Washington amendment. We have no objection to have the highest praise for these ac- using other people’s money. the amendment. tivities. We have also heard the argument Mr. FARR of California. Mr. Chair- However, I take issue in asking the that ATP is the catalyst for high tech man, reclaiming my time, I have a American taxpayers to foot the bill for R&D and is therefore crucial. Well, question, if I may, on another issue. these activities which should be left to ATP was appropriated $192 million, Mr. Chairman, I would ask the distin- the market free of politics and free of and, as of today, $23 million from last guished gentleman from Kentucky government meddling. year has not been doled out yet. In con- (Chairman ROGERS) if he would respond Private industry does not need this trast, over $133 billion was invested to a question I have. I would like to program and, quite frankly, competes last year in industrial R&D by the pri- ask the gentleman from Kentucky unfairly, has to compete with these vate sector. Over $37 billion of this (Chairman ROGERS) to participate in a grants, and we have heard from Silicon went to applied and basic research. It brief colloquy regarding the new Na- Valley CEO’s who have said that eco- is obvious the engine driving America’s tional Marine Fisheries Lab in Santa nomic rivals, competing firms receive dominance in high technology is the Cruz, California. these grants, and then compete with result of our vital private sector, not Some concerns have been expressed them in the marketplace. government picking winners and los- regarding the current design of the sea- In studying ATP, the General Ac- ers. water system as it relates to the abil- counting Office found that 65 percent of ity of the laboratory to support live ATP recipients did not even attempt to b marine mammal research. I know on secure private funding for the projects 2300 May 12, 1998, in a letter to the Depart- before asking for taxpayer subsidies. Many execs in the high tech industry ment of Commerce, the committee ad- ATP has created a perverse incen- do not support this corporate welfare. dressed this issue and indicated that tive. Firms come to Washington to A Silicon Valley CEO told the Senate, should additional funds above the cur- seek millions of dollars in subsidies I am here to say that such subsidies rent plan be necessary to address defi- provided by working families, instead will hurt my company and our industry ciencies in the system, the committee of going first to the private market. because they represent tax and spend H7170 CONGRESSIONAL RECORD — HOUSE August 4, 1998 economics. Another venture capitalist the money going to large corporations. The CHAIRMAN. The Clerk will des- knows that ATP grants undercut his The program has been reconstituted by ignate the amendment. industry. He said, whenever the gov- the Secretary of Commerce, taking The text of the amendment is as fol- ernment doles out money, it is unfair. into consideration those concerns, so lows: If money is being offered, you have to that the grantees of these monies are Amendment No. 3 offered by Mr. BARTLETT apply or else your competitors will get increasingly consortium groups, in- of Maryland: it. It took 9 months from when we ap- cluding academia, small businesses, in- Page 78, strike line 15, and all that follows plied to when we were answered, leav- creasingly, and, of course, large busi- through line 6 on page 79. ing the company in limbo. While his nesses also, all of it directed at The CHAIRMAN. Pursuant to the company waited, he said, the delay precompetitive, generic technology de- previous order of the House of today, scared off private investors. velopment, which would not otherwise the gentleman from Maryland (Mr. Mr. Chairman, I yield to the gen- be undertaken by private industry. BARTLETT) and a Member opposed, each tleman from South Carolina (Mr. SAN- ATP is decidedly not corporate wel- will control 71⁄2 minutes. FORD). fare. That is not what it is about. It is The Chair recognizes the gentleman Mr. SANFORD. Mr. Chairman, I not about picking winners and losers. from Maryland (Mr. BARTLETT). thank the gentleman for yielding me It is also not about product develop- Mr. BARTLETT of Maryland. Mr. the time. He has already touched on ment. ATP is about funding the re- Chairman, I yield myself such time as the significance of markets. He has search and development efforts behind I may consume. touched on the significance of fairness. high risk technologies. This is a very simple amendment. It I would just add one little postscript While the government provides a cat- simply strikes the funding for the pay- to what has been already said on how alyst, industry can seize, manage and ment of U.N. debt arrearages, and I do important the Royce amendment is; execute along with academician and this for several reasons. that is, simply the issue of effective- nonprofit sector partners, these ATP First of all, whatever debt we owe for ness. If you think about effective indi- projects. These funds are risky. ATP arrearages and dues has already been viduals, they are individuals that actu- funds are risky. They are paid several times over by our partici- ally focus. If you think about effective precompetitive technologies, and they pation in legitimate U.N. peacekeeping corporations, whether it is McDonald’s are strategically picked out to ensure activities. or Holiday Inn or Sears & Roebuck, America’s competitiveness in core sec- First of all, here is a GAO report that they focused. tors. says that between 1992 and 1995, the The same can be said of governments, That has a big potential payoff for United States spent $6.6 billion on le- governments that try to do too many this country, as we are in competition gitimate U.N. peacekeeping activities. things ultimately are ineffective. If we with the world’s economy. It is a pro- Recognizing the legitimacy of this, the are to get monetary policy right and gram that was bipartisan in its initi- U.N. has credited us with $1.8 billion of defense policy right and Social Secu- ation. Although it has become politi- that against back dues, no credit for rity checks on time, this government cal, it has become a political issue, a the remainder. too has to be limited. And for that rea- partisan issue in recent years, less so Secondly, here is a CRS report, more son alone, I would stand in support of maybe in the last several years, it was recently. This report covers from 1992 the Royce amendment. conceived in a very nonpartisan way to May of last year. This report says Mr. ROYCE. Mr. Chairman, reclaim- under the President Reagan’s adminis- that we have spent during that time ing my time, besides the question of tration and was authored by a former period $11.1 billion on legitimate U.N. the constitutionality of these types of Republican member of Congress, the peacekeeping activities. This, of subsidies, let us begin with the task of distinguished member from Pennsyl- course, includes the monies that were lifting this enormous burden, this enor- vania, Don Ritter. in the GAO report. mous government off the backs of I remember well his support for this In addition to that, the Pentagon America’s taxpayers by taking the program. He particularly appreciated itself, in two reports that I have, one small step to reduce wasteful subsidies. the benefits of the government being a for last year which says that just last I ask my colleagues to join Citizens strategic partner in ensuring America’s year alone we spent $2.9 billion on U.N. Against Government Waste, the Com- competitiveness by focusing in these peacekeeping activities, the other re- petitive Enterprise Institute, Ameri- strategic areas and providing some port says that the year before last we cans for Tax Reform and other groups seed catalyst money by the govern- spent $3.3 billion on U.N. peacekeeping in support of this amendment. ment to make sure that these activities. So whatever back dues we The CHAIRMAN. Is there a Member precompetitive technology research ef- might owe, we have paid them several in opposition to the amendment? forts went forward. times over as indicated by these re- The gentleman from West Virginia I strongly support the program. I be- ports by our participation in legiti- (Mr. MOLLOHAN) is recognized for 5 lieve that the Congress increasingly is mate U.N. peacekeeping activities. minutes. coming to support the program. I This past spring President Clinton Mr. MOLLOHAN. Mr. Chairman, I would hope that that would be ex- requested $1.36 billion in emergency yield myself such time as I may con- pressed by defeating the gentleman’s funds for the Department of Defense to sume. amendment. pay for the ongoing mission in Iraq. We have had similar debate earlier Mr. Chairman, I yield back the bal- Recognizing that this was a U.N. peace- today in which I pointed out that the ance of my time. keeping activity, the United States, ATP program is the centerpiece of the The CHAIRMAN. The question is on Kofi Annan said, would be required to administration’s research and its strat- the amendment offered by the gen- get U.N. approval prior to bombing egy to maintain its competitiveness in tleman from California (Mr. ROYCE). Iraq. the global marketplace. The question was taken; and the These monies were spent in pursuit I also pointed out that this is in real Chairman announced that the ayes ap- of a legitimate U.N. peacekeeping ac- competition with other countries peared to have it. tivity. The CRS reports that in 1995, around the world who are investing Mr. MOLLOHAN. Mr. Chairman, I de- the U.S. State Department estimated strategically, governments are invest- mand a recorded vote. that the United States paid for 54 per- ing strategically and far more deeply The CHAIRMAN. Pursuant to House cent of all United Nations peacekeep- than the United States. Nevertheless, Resolution 508, further proceedings on ing activities. We are required to pay this program, however small relative the amendment offered by the gen- for just over 30 percent; clearly, a big to those other strategic investments by tleman from California (Mr. ROYCE) surplus that should be credited against government and civilian technology re- will be postponed. our dues. search, it is an important program. It AMENDMENT NO. 3 OFFERED BY MR. BARTLETT The second reason for striking this is a program that is getting better. OF MARYLAND language is that the United Nations is It has listened to its critics who have Mr. BARTLETT of Maryland. Mr. not reforming. A year ago we put them expressed concern about too much of Chairman, I offer an amendment. on notice that they would get back August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7171 dues when they had reformed. They are Clinton following his State of the spector General to become an inde- clearly not reforming. They are put- Union address in February 1997. This pendent watchdog to sniff out waste, ting 100 new people on when they said letter voiced our disagreement with fraud and abuse. And that is exactly they were going to reduce their staff. the President’s statement that we owe what the funding of arrearages in this And a committee of the United Nations money to the U.N. bill, again, is meant to do. Not one itself, the General Assembly’s Advisory Currently, we pay at least 25 percent penny of the $475 million for payment Committee on Administrative and of the U.N. regular budget through as- of arrearages in this bill will be spent, Budgetary Questions said, and I quote, sessed dues. This is 2 to 3 percent below not one penny, unless and not until a Mr. Kofi Annan’s report was wrong to what the U.N. believes we should pay series of conditions is met by the say U.N. headquarters staff had to sup- and 5 percent below what this adminis- United Nations. port 4,921 troops. He wants a big head- tration wants us to pay. The first condition is: The State De- quarters staff to support nearly 5000 Also, for peacekeeping operations, we partment authorization bill by this troops, but those troops are reduced to contribute over 30 percent of the U.N.’s Congress must be passed and signed zero, this committee said, by July 1, budget. On top of these assessed dues, into law. The United Nations’ reforms 1998. He still has the staff there. the U.S. appropriates roughly $300 mil- that are contained in that regulation Another reason, a third reason for lion as voluntary contributions for var- include: Reducing the U.S. assessment striking these funds is that we now ious U.N. programs, including $30 mil- rate, reducing the number of personnel, have a major problem with the Inter- lion in fiscal year 1998 for the U.N. pop- reimbursement for U.S. goods and serv- national Criminal Court. The Clinton ulation program, which we all know is ices, writing off arrears that the U.S. administration was party to spawning a front for funding overseas abortions. disavows, sunsetting U.N. programs, this. Now it has become a major prob- This Congress and the President need merit-based employment, a code of lem, because it is going to be an agency to realize we cannot provide any so- conduct, and a cap on payment to of the General Assembly in which we called back payments to the U.N. until international organizations. have no veto, rather than the Security the U.S. is properly reimbursed or cred- That is just the first condition, Mr. Council where we do have a veto. As a ited for our contributions to the var- Chairman. matter of fact, the United Nations ious peacekeeping ventures and until Condition two: The United Nations voted against us 120 to 7 relative to the certain U.N. reforms have been imple- must actually implement those re- International Criminal Court. And we mented. forms. Once an authorization bill gets want to give them $475? I think not. Let me just remind the House that, signed into law, still not a penny goes first, we do not owe the $1.3 billion in out. The U.N. has to implement these b 2310 arrears, as the U.N. claims. Second, we reforms. First, the assessment rate has In summary, we need to strike this do not owe $921 million in arrears, as to be reduced, sunsetting of U.N. pro- language because we have already paid the administration’s request for fiscal grams has to be agreed to, and so on. the dues, whatever they are, several year 1998 and 1999. And, thirdly, we do Condition three: The U.S. assessment times over with legitimate U.N. peace- not owe $819 million in U.N. back dues, rate must be reduced at least to 22 per- keeping activities. Witness the four as H.R. 1757 authorizes for fiscal year cent and 25 for peacekeeping, guaran- government reports. Secondly, the U.N. 1998 and 2000. teeing lower payments by our tax- is not reforming, as they promised they Accordingly, we should not fund $475 payers from here on out. This $475 mil- would. And, thirdly, we have a major in so-called unpaid arrears for fiscal lion is provided subject to authoriza- problem with the international crimi- year 1999, as proposed in this State De- tion and subject to achievement of nal court. partment appropriations bill. Equally these reforms. It will be spent if and Mr. Chairman, I yield 21⁄2 minutes to important, we do not need to throw only if we get the kind of reform we the gentleman from Indiana (Mr. any extra chunk of the American tax- want from the United Nations, and the HOSTETTLER). payers’ hard earned money at an insti- money may never be spent. Mr. HOSTETTLER. Mr. Chairman, I tution that, one, often contradicts U.S. But the choice will be up to the ad- thank the gentleman from Maryland national interest, fails to acknowledge ministration and to the U.N. There is (Mr. BARTLETT) for yielding me this the extent and significance of U.S. con- one and only one true constituency for time. tributions, and fails to implement reform at the U.N., and that is this As we all know, the U.S. easily pays many of the badly needed U.N. reforms body: The United States Congress. the lion’s share of the burden for keep- necessary to help the U.N. This is our best chance to change an ing the U.N. in operation. Each year Support the Bartlett amendment. institution that all of us believes des- the U.S. spends approximately $1 bil- Mr. ROGERS. Mr. Chairman, I rise in perately needs changing. This is no lion for the U.N.’s regular budget, opposition to the amendment. time to refrain from being bold. We peacekeeping operations, and various The CHAIRMAN. The gentleman must stick to our guns, and for that other U.N. programs. In addition, in from Kentucky (Mr. ROGERS) is recog- reason support this bill and reject the 1995, the U.S. spent approximately $1 nized for 71⁄2 minutes. Bartlett amendment. billion for U.N. peacekeeping oper- Mr. ROGERS. Mr. Chairman, I yield Mr. Chairman, I yield the balance of ations above and beyond our assessed myself 4 minutes. my time to the gentleman from West dues. Mr. Chairman, I think the Members Virginia (Mr. MOLLOHAN). In fact, a recent GAO report docu- know that I am no patsy for the United The CHAIRMAN. The gentleman ments that from 1992 to 1995 the U.S. Nations. I believe the United Nations is from West Virginia (Mr. MOLLOHAN) is supported the U.N. in its peacekeeping a bloated organization, in need of ter- recognized for 4 minutes. ventures to the tune of $6.6 billion, but minating obsolete and duplicative Mr. MOLLOHAN. Mr. Chairman, I ap- only $1.8 billion of this was counted to- functions, ridding itself of unneeded preciate the distinguished chairman of ward our assessed dues to the U.N. Of positions and unproductive employees, the committee for yielding me this the remaining $4.8 billion, only $79 mil- trimming its budget, reforming its pro- time and appreciate his very strong lion has been reimbursed to the United curement practices, crediting the statement in opposition to this amend- States. If we deduct the $1.3 billion the United States for off-budget contribu- ment. He is in a good position to make U.N. claims we owe them from the $4.8 tions, decreasing the lopsided amount a strong statement on this issue be- billion of nonreimbursed U.S. expendi- of U.S. contributions, and burying any cause he has been at the forefront in tures, the result is $3.5 billion that the ambitions to be some kind of world trying to affect reforms at the United U.N. still must pay or credit to the government. Nations, and has been very effective in United States. I have tried to use every piece of le- doing so. I am pleased to have sup- Perhaps the U.N. bureaucrats think verage at my disposal for years in this ported, as has been the minority on our this was a gift from American tax- subcommittee, including conditioning committee has been pleased likewise to payers, but it certainly was not. That payment of our assessment to insist on support him. is why 31 Members of Congress, myself overall budget reductions, personnel This is a very ill-advised amendment included, sent a letter to President reductions and the creation of an In- for two immediate reasons. First of all, H7172 CONGRESSIONAL RECORD — HOUSE August 4, 1998 we owe the money. We owe the United ought to be doing with our money, The CHAIRMAN. All time has ex- Nations money. Now, it is over a bil- leveraging our payment based upon pired. lion dollars, or less than a billion dol- their performance for reforms. Then we The question is on the amendment lars, depending on how we count it. But have achieved assessment rate reduc- offered by the gentleman from Mary- we certainly owe the money, and we tions and this money is also contingent land (Mr. BARTLETT). owe them as much money as is appro- upon their accepting that. The question was taken; and the priated in this bill, $475 million, which I do not know how much more you Chairman announced that the noes ap- is the subject of the gentleman’s can ask but what you cannot ask is for peared to have it. amendment. the United States of America to be pik- Mr. BARTLETT of Maryland. Mr. Unless we want to be total pikers in ers on this debt and the Members of the Chairman, I demand a recorded vote. the world community, we need to pay United States Congress to be accom- The CHAIRMAN. Pursuant to House this money. Now, that is just what it plices in reneging on the obligation. Resolution 508, further proceedings on boils down to. Are we going to be re- Mr. BARTLETT of Maryland. Mr. the amendment offered by the gen- sponsible partners in this international Chairman, will the gentleman yield? tleman from Maryland will be post- organization and pay the money, stand Mr. MOLLOHAN. I yield to the gen- poned. up, meet our obligations; or are we tleman from Maryland. AMENDMENT NO. 32 OFFERED BY MS. going to be pikers and not pay it; welch The CHAIRMAN. The time of the MILLENDER-MC DONALD on our debts? That is what this amend- gentleman from West Virginia has ex- Ms. MILLENDER-MCDONALD. Mr. ment asks us to do. pired. Chairman, I offer an amendment. Now, it is perfectly appropriate for Mr. MOLLOHAN. Mr. Chairman, my The CHAIRMAN. The Clerk will des- the Congress of the United States, that intentions were good but I just did not ignate the amendment. holds the pursestrings, to say, yes, we have enough time. The text of the amendment is as fol- owe this money; yes, we want to par- Mr. FARR of California. Mr. Chairman, ear- lows: ticipate in this international organiza- lier this year, Congress passed the State De- Amendment No. 32 offered by Ms. tion, but international organization, partment authorization bill which authorized MILLENDER-MCDONALD: United Nations, we have concerns $819 million to pay the United Nations back Page 101, line 21 insert ‘‘(increased by $250,000 to be used for the National Women’s about the way you operate and we dues over the next two years. The Commerce, think, in many ways, you are irrespon- Business Council as authorized by section 409 Justice, State, and Judiciary Appropriations bill of the Women’s Business Ownership Act of sible and you need to reform. includes $475 million of the $1.3 billion owed 1988 (15 U.S.C. 631 note)’’ after the dollar b 2320 to the U.N. It is essential that this funding not amount. So here is what you have to do in be decreased or stricken. The CHAIRMAN. Pursuant to the Because of its large debt to the United Na- order to receive money from us. That is previous order of the House today, the tions, the United States actually risks auto- using our leverage, exactly the power gentlewoman from California (Ms. matically losing its vote in the United Nations of the purse that the United States MILLENDER-MCDONALD), and a Member General Assembly early next year. We can not 1 Congress has, to effect reforms in this opposed will each control 2 ⁄2 minutes. case or to effect policy in this country afford to lose our voting rights. The Chair recognizes the gentle- The United States has been trying to reduce and as we relate to the world through woman from California (Ms. its United Nations budget share, but negotia- this organization. That is very appro- MILLENDER-MCDONALD). tions ended last year when other members priate, and that is what we are doing (Ms. MILLENDER-MCDONALD asked would not agree to pay more until the United here. and was given permission to revise and We have a bipartisan agreement States paid at least its current obligated share. extend her remarks.) which the Secretary of State, the Who can blame them. Ms. MILLENDER-MCDONALD. Mr. United Nations ambassador, have Seven former Secretaries of State wrote Chairman, I yield myself such time as worked extremely hard on during the Congress, telling Members that ``without a I may consume. last 2, 3 and 4 years. They have worked U.S. commitment to pay arrears . . . U.S. ef- Mr. Chairman, the Millender-McDon- with Members of Congress, both on the forts to consolidate and advance U.N. reforms ald/Bartlett/Forbes amendment in- House and the Senate side, both Demo- and reduce U.S. assessments are not going to creases funding for the National Wom- crats and Republicans, to effect this succeed.'' The continued failure of the United en’s Business Council to the full agreement. The linchpin is the lever- States to honor these obligations threatens the amount that was authorized by Con- age we have with withholding funding financial and political viability of the United Na- gress last year. I would like to thank and doling it out in response to the tions. the gentleman from Kentucky (Mr. United Nations being responsive for OPPONENTS ARGUE ROGERS), the chairman, and the gen- our demands for reforms. That is all re- The United Nations doesn't reimburse coun- tleman from West Virginia (Mr. MOL- sponsible. tries for their participation in U.N.-run peace LOHAN), the ranking member, the gen- What is not responsible is for us to operations. NOT TrueÐThe United Nations tleman from Missouri (Mr. TALENT), for say we are just not going to pay it. The pays countries $998 per soldier per month in their support of women business own- gentleman argues, as I understand his U.N. peace operations. The U.N. does not re- ers and this amendment. I appreciate argument, that our contribution to imburse countries for operations which they having their bipartisan support. peacekeeping efforts or to our military conduct on their own, or outside the U.N. sys- As a member the Committee on operations ought to offset this debt. tem. Small Business and co-chair of the Well, that is not a part of this deal. The United Nations owes the U.S. $109 mil- Women’s Business Legislative Team, I Countries that participate in this way lion for peacekeeping. TrueÐThe U.N. recog- was actively involved in reauthorizing militarily, in the ways we have, do not nizes this fact, but has no money to pay the the Small Business Administration, in- offset those military contributions U.S. or others of the 70-plus countries that cluding the Women’s Business Centers against these peacekeeping and other contribute to U.N. peacekeeping. Countries and the National Women’s Business U.N. funding programs. have failed to pay over $1 billion in peace- Council under its jurisdiction. So I simply say, this is the second keeping assessments; currently the U.S. owes The Small Business Programs Reau- year, and I think the gentleman was about $900 million in peacekeeping arrears. thorization and Amendments Act was unsuccessful last year and I hope he is The United States is relinquishing command unanimously passed by the Committee unsuccessful this year, it is just a to- of American soldiers. Not TrueÐPresidential on Small Business and passed by the tally irresponsible amendment to come Decision Directive 25 (PDD±25) described the House on the Suspension Calendar by a here and suggest we should withdraw. overall Clinton policy for using U.S. troops in vote of 397 to 17. Clearly, the programs We do not have a authorization so peacekeeping operations. It is classified, but authorized through this legislation, this is subject to an authorization. according to the declassified summary, partici- such as the National Women’s Business This funding is subject to an authoriza- pation in peacekeeping operations is contin- Council, have strong bipartisan sup- tion. gent upon several factors, including command port. I am here today to ensure that We are effecting reforms at the and control of U.S. troops by American com- this bipartisan authorization is United Nations, which is what we manders. matched with full appropriation. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7173 The Senate passed the Commerce, wonderful news is that, during this period, the so that if they choose to, they can increase Justice, State and Judiciary appropria- number of North Carolina's women-owned the scope, the employment rate, and profit- tions bill with the full appropriation businesses grew by 94 percent, employment ability. This is the essence of our and so should the House. This increase grew by 140 percent, and sales rose 200 per- entrepreneual system. for the Women’s Business Council is cent. I urge support for the Millender-McDonald/ small and reasonable and the Congres- As a Congress, we must do all that we can Bartlett/Forbes Amendment on behalf of the sional Budget Office has assured me to help women continue to cultivate these op- National Women's Business Council. that it does not increase the budget portunities. The National Women's Business Ms. DEGETTE. Mr. Chairman, I rise in sup- outlays and it does not need any offset. Council (NWBC) is an organization vital to this port of this important amendment to increase The National Women’s Business goal. funding for the National Women's Business Council is a bipartisan advisory panel I urge my colleagues in the House to sup- Council. created in 1988 by Congress to provide port the Millender-McDonald/Bartlett/Forbes Last year, the National Women's Business advice and counsel to the President, Amendment of the Commerce-Justice-State Council was unanimously passed by the Small Congress and the Interagency Commit- Appropriations Bill to fully fund the Council for Business Committee and went on to pass the tee on Women’s Business Enterprise. the $600,000 authorized by the Congress and House by an overwhelming vote of 397 to 17. As many of my colleagues who are targeted for appropriations by the Senate. The Senate has already provided full funding actively involved with women business We encourage small business development for the Council in their CJS Appropriations bill. owners in their districts know, the through our commitment and investment. I be- I urge the House to vote for this amendment council has played an integral role in lieve strongly that we must continue to enable and continue to support National Women's helping us meet the needs of women- our communities' business people. That is Business Council. owned businesses today. The council why, today, I support the Millender-McDonald The National Women's Business Council is serves as a powerful voice for more amendment on behalf of the National Wom- a bi-partisan Federal government advisory than 8 million women-owned businesses en's Business Council and on behalf of current panel created to serve as an independent in the country that are providing jobs and prospective women business owners source of advice and council to the President for 15.5 million people and generating across the United States and in my own state and Congress. The Council consists of 15 nearly $1.4 trillion in sales. of North Carolina. prominent women business owners and lead- Mr. Chairman, how much time do I NWBC is a bipartisan and independent ers of Women's business organizations. It is have left? Because I would like the gen- source of advice to the President, the Con- essentially the voice of approximately 8 million tleman from West Virginia (Mr. MOL- gress, and the private sector's Interagency women-owned businesses in the country. LOHAN) to speak on the issue. Committee on Women's Business Enterprise. The Council was recently instructed by Con- The CHAIRMAN. The gentlewoman Through its 15-member Board of prominent gress to complete a study on women's busi- from California has 30 seconds remain- women and leaders in the business commu- ness participation in the federal government. ing. nity, NWBC represents the voice of this na- The main goals are to find out why women- Ms. MILLENDER-McDONALD. Mr. tion's more than 8 million women-owned busi- owned businesses continue to receive so few Chairman, I yield 30 seconds to the nesses. federal contracts, and do a study on women's gentleman from West Virginia (Mr. The Council's critical mission also includes access to capital. MOLLOHAN). completing two research studies requested by Women-owned businesses play an increas- Mr. MOLLOHAN. Mr. Chairman, I the Congress: one on why women-owned ingly more important role in our economy. Be- rise in strong support of the Millender- businesses are awarded only 2 percent of fed- tween 1987 and 1996 the number of firms McDonald amendment, and I com- eral contracts, and the other, on why women owned by women grew by 78%, and the num- pliment her for her efforts in support of have accessed only 2 percent of all venture ber of minority women-owned firms grew the National Women’s Business Coun- capital. 206%. Current estimates are that the nearly cil. Most women entrepreneurs just don't know Her increase is especially responsible about the many local, state, and federal-level eight million women-owned businesses in this because it raises the amount of money resources available to them. Women need to country account for nearly $1.4 trillion in sales. appropriated to this organization to access capital, information, and markets in And yet, women-owned businesses continue the authorized and to that amount re- order to start and grow successful businesses. to receive just 2% of federal contracts, and quested by the administration, and she As policymakers, we have a responsibility to just 2% of all venture capital. did it in a way that did not require an assist women access those services and build In 1996, women-owned firms accounted for offset. And I compliment her for her a public policy infrastructure that supports 40% of all businesses in Colorado, provided amendment and her support of the them. The National Women's Business Coun- employment for 33% of Colorado's workers, council and rise in strong support of cil is available to help us make this happen. and generated 19% of the state's business her amendment. This summer I hosted a Roundtable discus- sales. During the entire 1987±1996 period, the Mr. ROGERS. Mr. Chairman, I rise to sion to connect women in the First District of National Foundation for Women Business claim the remaining time. North Carolina interested in starting or growing owners estimates that the number of women- The CHAIRMAN (Mr. HASTINGS of their businesses with some of the potential owned firms in Colorado has increased by Washington). The gentleman from Ken- local and national resources available to assist 65%, that employment has grown by 235% tucky (Mr. ROGERS) is recognized for them. We employed the latest technological and sales have risen 276%. 21⁄2 minutes. advances. The first to use the North Carolina These astounding statistics underscore the Mr. ROGERS. Mr. Chairman, I yield Information Highway System to its fullest ca- importance of the studies conducted by the myself such time as I may consume. pacity, we simultaneously linked and con- National Women's Business Council. The Mr. Chairman, we have had a chance nected women at five different sites for sat- Council needs its full appropriation to be able to examine the amendment and in fact ellite-fed and computer-delivered interactive to carry out these studies which are clearly of have worked with the gentlewoman discussions. great importance to small businesswomen in from California (Ms. MILLENDER- The Roundtable not only was a successful my state and throughout this country. MCDONALD) on the amendment. We and energizing beginning, it marked the first I ask my colleagues to vote for small busi- think it is a good amendment, and we meeting hosted by a member of Congress ness in this country and pass this amendment. compliment her, and we accept the where the local input will feed directly into a Mr. ROGERS. Mr. Chairman, I yield amendment. national economic forum on women's entre- back the balance of my time. Mrs. CLAYTON. Mr. Chairman, small busi- preneurship. The CHAIRMAN. The question is on nesses have been at the very core of our The Council will host a national-level ``Sum- the amendment offered by the gentle- commercial activities since our Nation's begin- mit '98'' where women entrepreneurs and ex- woman from California (Ms. nings. In the last decade large numbers of perts from around the country will develop ac- MILLENDER-MCDONALD). women had the opportunity to become small tion plans about how to address the four criti- The amendment was agreed to. business owners. However, as of about 1996, cal needs of women entrepreneurs, to build AMENDMENT NO. 8 OFFERED BY MR. TALENT women owned a little less than 40 percent of the 21st century economy, and grow women- Mr. TALENT. Mr. Chairman, I offer all businesses. owned businesses. an amendment. In my own state of North Carolina, women It is important to assist women business The Clerk read as follows: own only 34 percent of the state's firms. The owners find ways to develop their businesses Amendment No. 8 offered by Mr. TALENT: H7174 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Page 102, line 15 insert ‘‘(increased by the SBA authorizing committee, is a blocking efforts to serve the small entre- $7,090,000)’’ after the dollar amount. talented chairman and has this very preneur. Page 103, line 7 insert ‘‘(decreased by strongly on his mind, and he has con- My colleagues, the benefits that SBICs pro- $7,090,000)’’ after the dollar amount. ferred with me at great length and nu- vide are quite clear. Last year alone, SBIC's The CHAIRMAN. Pursuant to the merous times on the necessity of doing invested over $2.4 billion in more than 2,500 previous order of the House of today, what his amendment achieves. He has entrepreneurs allowing themÐregardless of the gentleman from Missouri (Mr. Tal- convinced me of the need for that. And their chosen business formÐto benefit from ent) and a Member opposed to the as chairman of the subcommittee, I am SBIC financing. Adoption of the Talent amend- amendment each will control 5 min- in agreement with the amendment and ment will enable us to continue to build even utes. would urge Members to support it. further, allowing us to create more jobs and The gentleman from Missouri (Mr. Mr. TALENT. Mr. Chairman, re- provide even greater economic opportunity to Talent) is recognized for 5 minutes. Mr. TALENT. Mr. Chairman, I yield claiming my time, I appreciate the sen- our nation's small entrepreneurs. I urge the myself such time as I may consume. timents of the gentleman and the dis- adoption of this amendment. Mr. Chairman, this amendment will tinguished chairman of the subcommit- Mr. TALENT. Mr. Chairman, I appre- tee. ciate the support of the gentlewoman add slightly over $7 million to the ´ Business Loan Program Account for Ms. VELAZQUEZ. Mr. Chairman, will from New York and also of course the the Small Business Administration. the gentleman yield? distinguished gentleman from Ken- The purpose is to add that funding for Mr. TALENT. I yield to the gentle- tucky, the chairman of the subcommit- the purpose of the Small Business In- woman from New York. tee. I would ask my colleagues for their vestment Program. b 2330 support of the amendment. Mr. Chairman, I reserve the balance H.R. 4276 currently appropriates $13.1 Ms. VELA´ ZQUEZ. Mr. Chairman, I million for the SBIC program, which is of my time. rise today in strong support of the The CHAIRMAN. Does any Member well below fiscal 1998. This amendment amendment of gentleman from Mis- will raise funding to an amount equal rise in opposition to the amendment? souri (Mr. TALENT). Mr. TALENT. Mr. Chairman, I yield to this year’s level. That is necessary Mr. Chairman, I rise today in strong support to create a level kind of funding back the balance of my time. of Mr. TALENT'S amendment to increase fund- The CHAIRMAN. The question is on stream. We anticipate, Mr. Chairman, ing for the Small Business Investment Com- the amendment offered by the gen- increased demand for the program, and pany Program. I would like to thank the distin- tleman from Missouri (Mr. TALENT). this amount guarantees that sufficient guished Chairman of the Small Business The question was taken; and the funding will be available for the SBIC Committee for bringing this important issue to Chairman announced that the ayes ap- program. the floor. I urge my colleagues to support this Mr. Chairman, the SBIC program is a peared to have it. amendment which provides critical funding for Mr. MOLLOHAN. Mr. Chairman, I de- Small Businesses Venture Capital pro- our nation's small business community. mand a recorded vote. gram, really the only one that we have. There is no question that the value of Small The CHAIRMAN. Pursuant to House It provides venture capital lenders with Business Investment Companies has been felt Resolution 508, further proceedings on leverage funds for the purpose of equity across this nation. SBICs have invested nearly the amendment offered by the gen- and long-term investment in small $15 billion in long-term debt and equity capital tleman from Missouri (Mr. TALENT) business. to over 90,000 small businesses. Over the The participants in the SBIC pro- will be postponed. years, SBICs have given companies like Intel gram look to the Congress for clear sig- Mr. SENSENBRENNER. Mr. Chairman, Corporation, Federal Express and America nals of our support and consequently H.R. 4276, the Commerce, Justice, and State, Online the push they needed to succeed. The our commitment to funding venture the Judiciary and Related Agencies Appropria- result has been the creation of millions of new capital for small businesses. By adding tions Bill for Fiscal Year 1999, includes fund- jobs and billions of dollars in economic growth. these funds, we will maintain this pro- ing for the National Institute of Standards and By restoring necessary levels of funding, Mr. gram at a level equal to that of pre- Technology (NIST) and the National Oceanic Talent's amendment ensures that future Intels vious years and send a clear message of and Atmospheric Administration (NOAA). and Federal Expresses will have a fighting our support for this program. Last year the Science Committee and the The gentleman from Kentucky (Mr. chance. Cutting funding for this program is full House passed H.R. 1274, the National In- Rogers), the subcommittee chairman, short-sighted. Past experience has shown that stitute of Standards and Technology Author- has spoken with me about the program failure to adequately fund SBICs has had a ization Act of 1997. H.R. 1274 includes au- and understands our concern about detrimental effect on our nation's small busi- thorizations of $621 million for NIST and $7 possible serious negative impact on nesses. In FY 95 and FY 96 when Congress million for the Technology Administration (TA) private capital commitments to the failed to show strong support for the SBIC pro- for FY 1999. H.R. 4276 largely follows those program. He has expressed his support gram, private investors left. This caused in- authorizations by funding NIST at $624 million, for the program and my amendment vestments in new SBICs to fall by 60 percent and TA at $7 million for FY 1999. and I want to thank him for his sup- from FY 94 to FY 95. Investment fell by an- As did the authorization, this bill gives prior- port. other 32 percent from FY 95 to FY 96. The ity to NIST's core laboratory functions, includ- I want to mention also at this point, reason for the drop in resources was clearÐ ing a $4 million increase over the FY 1998 ap- before yielding to the chairman, that scarcity in funding and uncertainty regarding propriated level for the Scientific and Tech- the gentlewoman from New York (Ms. future Congressional intent caused private in- nical Research and Services (STRS) account. VELA´ ZQUEZ), the ranking member of vestors to put their money in other investment STRS funds NIST's laboratories and the the Committee on Small Business, also opportunities. Baldrige Quality Awards. While the increase is supports the amendment. And I want Fortunately, in recent years, this trend has less than the authorization, the increase is a to thank her for her help and her con- been reversed. Congressional support for recognition that running NIST's laboratory pro- sistent aid on behalf of small business. SBICs has dramatically improved the outlook grams is the agency's most important function. I will add also that the amendment is for small business. Private capital invested in By contrast, H.R. 4276 includes a $12 mil- supported by the Small Business Legis- new SBICs has jumped 118 percent. Addition- lion decrease in funding for the Advanced lative Council, an organization rep- ally, the SBIC program has been able to ex- Technology Program (ATP), reducing the pro- resenting over 80 small business pand into new areas. This year we have wit- gram to $180 million from the FY 1998 funding groups. nessed the creation of two women owned level of $192 million. While H.R. 1274 phased- I ask my colleagues for their support SBIC's, and shortly we'll see the establish- down ATP funding from the $225 million ap- for this amendment, as well. ment of the first Hispanic owned SBIC. This is propriation in FY 1997 to $150 million in FY Mr. ROGERS. Mr. Chairman, will the building on an important trend. The SBIC pro- 1999, the trajectory of ATP's funding in H.R. gentleman yield? gram is increasingly becoming a vehicle to as- 4276, if not the speed of its decline, is in Mr. TALENT. I yield to the gen- sist historically under-served markets, namely, keeping with the authorization. tleman from Kentucky. women, minorities and inner-cities. If this body With respect to the Technology Administra- Mr. ROGERS. The gentleman from fails to restore funding to the SBIC program, tion, H.R. 4276 includes funding for the Exper- Missouri (Mr. Talent), the chairman of we risk losing many of these groups and imental Program to Stimulate Competitive August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7175 Technology (EPSCoT) despite the fact that the that there was a hand-picked nature of panel members. Statistics, like medicine, program was specifically not authorized by the scientific panels that recommended has specialties: one does not seek out a proc- H.R. 1274. As expressed in the Science Com- statistical sampling methods, I wanted tologist for heart bypass surgery. to share with the Members the reply of I do wish to make it clear that the Amer- mittee's report accompanying H.R. 1274, I ican Statistical Association takes no posi- continue to have concerns that once EPSCoT the American Statistical Association, tion on the political or constitutional issues is established, it will grow substantially beyond whose president wrote to me over the surrounding the census. We also express no the $2.1 million contained in H.R. 4276. The weekend and said that the members of opinion on details of the specific proposals program, which was initiated last year and has the panel that made this recommenda- put forth by the Census Bureau for employ- done little with its $1.6 million FY 1998 appro- tion are recognized by their peers as ing statistical sampling. As the nation’s pri- priation, is now slated to receive a 31% in- among the Nation’s leading experts on mary professional association of statisti- crease. Even with the increased funding, it sampling large human populations. It cians and users of statistics, we wish to make only two points in this continuing de- seems unlikely EPSCoT will be able to help included Janet Norwood, who served three administrations, Carter and bate: the 18 states it is designed to assist. I hope ∑ Estimation based on statistical sampling that EPSCoT is not allowed to grow into an- Reagan and Bush, with, as the New is a valid and widely-based scientific meth- other very expensive Administration tech- York Times put it, her near legendary od. The general attacks on sampling that the nology initiative. reputation for nonpartisanship. Dr. census debate has called forth from some Mr. Chairman, H.R. 4276 also includes Moore, the president of the American quarters are uninformed and unjustified. funding for the National Oceanic and Atmos- Statistical Association, went on to cite ∑ The non-partisan professional status of pheric Administration (NOAA). the extraordinary quality of the mem- government statistical offices is a national Without the benefit of the increased reve- bers of that panel. asset that should be carefully guarded. We Mr. Speaker, I would like to insert depend on the statistical professionals in nues from a non-existent tobacco settlement, these offices for information widely used in and notwithstanding the very tight budget into the RECORD at this point the sub- stance of his letter. both government and private sector deci- caps, Chairman Rogers and the Appropria- sions. Attacks on these offices as ‘‘politi- tions Committee have managed to increase AMERICAN STATISTICAL ASSOCIATION, cized’’ damage public confidence in vital funding for high-priority programs, most impor- Alexandria, VA, August 3, 1998. data. tantly local warnings and forecasts within the Congressman THOMAS SAWYER, Thank you for the opportunity to make Longworth House Office Building, these comments. National Weather Service. Washington, DC. This was made possible in part after an Sincerely yours, DEAR CONGRESSMAN SAWYER: Thank you DAVID S. MOORE, agreement was reached by the Appropriations for sending me the CONGRESSIONAL RECORD President. Committee, the Science Committee and Sec- account of debate on H. Res. 508, containing retary Daley to maintain the $550 million the remarks of several Members regarding f the use of statistical sampling methods in budget cap on the Advanced Weather Inter- OMISSION FROM THE CONGRES- active Processing System (AWIPS) weather the 2000 Census. Despite obvious differences in perspective, the discussion is thoughtful SIONAL RECORD OF WEDNES- modernization program. and well-informed, the sole major exception DAY, JULY 29, 1998 I am also pleased that report language in being the incorrect statement by Mr. Miller A portion of the following was omit- the bill echoes the Science Committee's con- of California that the Census Bureau plans to cern over adequate weather radar coverage intentionally not count 10 percent of the ted from the debate of the gentleman for northwest Pennsylvania. I hope during the population. The overall level of the discus- from Texas, Mr. FROST at page H–6601 new fiscal year that NOAA will see the light sion does credit to the House of Representa- during consideration of H. Res. 510, and place a National Environmental Satellite, tives. providing for consideration of the H.R. I do wish to respond on behalf of the Amer- 4328, Department of Transportation Data and Information Service (NEXRAD) sys- ican Statistical Association to the remarks tem in this area that is so obviously nec- and related agencies appropriation Act of Mr. Miller of Florida concerning the 1999. essary. ‘‘hand-picked’’ nature of the scientific panels Mr. ROGERS. Mr. Chairman, I move that have recommended consideration of sta- Mr. FROST. Mr. Speaker, I yield my- that the Committee do now rise. tistical sampling methods. I refer specifi- self such time as I may consume. The motion was agreed to. cally to the Blue Ribbon Panel of the Amer- (Mr. FROST asked and was given per- Accordingly, the Committee rose; ican Statistical Association. The members of mission to revise and extend his re- and the Speaker pro tempore (Mr. TAL- this panel are recognized by their peers as marks.) ENT) having assumed the chair, Mr. among the nation’s leading experts on sam- Mr. FROST. Mr. Speaker, it is my in- Hastings of Washington, Chairman of pling large human populations. They are cer- tention to make a fairly brief opening tainly not identified with any political inter- statement and then to yield back all of the Committee of the Whole House on est. the State of the Union, reported that The ASA Blue Ribbon Panel included our time in an effort to try and move that Committee, having had under con- Janet Norwood, who served three adminis- this along. sideration the bill (H.R. 4276) making trations as Commissioner of Labor Statistics Mr. Speaker, while I rise in support appropriations for the Departments of from 1979 to 1991. On her retirement, the New of this rule and this bill making appro- Commerce, Justice, and State, the Ju- York Times (December 31, 1991) spoke of her priations for the Department of Trans- diciary, and related agencies for the ‘‘near-legendary reputation for nonpartisan- portation for fiscal year 1999. I am con- ship.’’ Dr. Norwood is a past president of fiscal year ending September 30, 1999, cerned that a point of order may lie ASA, as is Dr. Neter of the University of against an amendment which seeks to and for other purposes, had come to no Georgia, another panel member. Like these, resolution thereon. the other members of the panel have been re- limit expenditures of funds for a high- f peatedly elected by their peers to posts of way project funded in this bill. Mr. professional responsibility. For example, Dr. Speaker, should this point of order be CENSUS Rubin of Harvard University is currently pursued and ultimately upheld, the (Mr. SAWYER asked and was given chair of ASA’s Section on Survey Research House will set a terrible precedent permission to address the House for 1 Methods, the statistical specialty directly which may have ramifications far be- minute and to revise and extend his re- relevant to the census proposals. I assure yond this transportation appropria- you that this panel was selected solely on tions. marks and include extraneous mate- the basis of their widely recognized scientific rial.) expertise. Their judgment that ‘‘sampling The matter is now being negotiated, Mr. SAWYER. Mr. Speaker, later on has the potential to increase the quality and but I do want to express my concern today we are going to take up an issue accuracy of the count and to reduce costs’’ is that a major change in the rules that of enormous importance to the Nation, authoritative. govern this House was included in T–21 and that is how we count and measure Mr. Miller, in hearings before his commit- and was never even considered by the ourselves. Last week in a debate that tee, has indeed produced reputable academ- Committee on Rules. That being said, was largely constructive on the floor, ics who disagree with the findings of the Mr. Speaker, while the funding level of ASA Blue Ribbon Panel and the several Na- we had a discussion that was thought- tional Research Council panels which re- this appropriations bill is slightly ful and well informed. However, insofar ported similar conclusions. Those whose below the levels requested by the Presi- as one of our Members, the gentleman names I have seen lack the expertise and ex- dent in several areas, overall, the Com- from Florida (Mr. MILLER), suggested perience in sampling that characterize the mittee on Appropriations did a good H7176 CONGRESSIONAL RECORD — HOUSE August 4, 1998 job of providing adequate funding for ment, this is a good bill. I urge my colleagues Mr. LAFALCE. most of the programs and services in to support the rule and the bill. Ms. VELA´ ZQUEZ. the bill. Mr. Speaker, I yield back the balance Mr. SERRANO. Mr. Speaker, while I rise in support of this of my time. Mr. BERMAN. rule and this bill making appropriations for the f Mr. FILNER. Department of Transportation for Fiscal Year Ms. NORTON. 1999, I am concerned that a point of order SPECIAL ORDERS Mr. BRADY of Pennsylvania. may be against an amendment which seeks to The SPEAKER pro tempore (Mr. (The following Members (at the re- limit expenditures of funds for a highway HASTINGS of Washington). Under the quest of Mr. TALENT) and to include ex- project funded in this bill. Mr. Speaker, should Speaker’s announced policy of January traneous material:) this point of order be pursued and ultimately 7, 1997, and under a previous order of Mr. LEWIS of California. upheld, the House will set a terrible precedent the House, the following Members will Mr. HUNTER. which may have ramifications far beyond this be recognized for 5 minutes each. Mr. PORTER. transportation appropriation. The matter is now f Mr. SMITH of Oregon. being negotiated, but I do want to express my Mr. PAUL. The SPEAKER pro tempore. Under a concern that a major change in the rules that Mr. WATTS of Oklahoma. previous order of the House, the gen- govern this House were included in TEA±21 Mr. COBLE. tleman from Texas (Mr. SESSIONS) is and were never even considered by the Com- Mr. SOLOMON. recognized for 5 minutes. mittee on Rules. That being said, Mr. Speaker, Mrs. CUBIN. (Mr. SESSIONS addressed the House. while the funding level of this appropriations Mr. PAPPAS. His remarks will appear hereafter in bill is slightly below the levels requested by Mr. CUNNINGHAM. the Extension of Remarks.) the President in several area, overall the Ap- Mr. BARR of Georgia. propriations Committee did a good job of pro- f Mr. MICA. viding adequate funding for most of the pro- The SPEAKER pro tempore. Under a Mr. BEREUTER. grams and services in the bill. The bill pro- previous order of the House, the gen- f vides a total $46.9 billion, a nine percent in- tleman from Georgia (Mr. BARR) is rec- BILLS PRESENTED TO THE crease over last year's funding levels, much of ognized for 5 minutes. PRESIDENT which is required for the new and guaranteed (Mr. BARR of Georgia addressed the funding levels for highway and transit pro- House. His remarks will appear here- Mr. THOMAS, from the Committee grams pursuant to the recently enacted TEA± after in the Extension of Remarks.) on House Oversight, reported that that 21 bill. f committee did on this day present to I am particularly pleased that the Committee the President, for his approval, bills of has provided $10.6 million for RAILTRAN LEAVE OF ABSENCE the House of the following titles: funding for Phase II of a modern and efficient By unanimous consent, leave of ab- H.R. 4237. An act to amend the District of commuter rail connection between the cities of sence was granted to: Columbia Convention Center and Sports Arena Authorization Act of 1995 to revise the Dallas and Fort Worth. While funding for the Mr. CUNNINGHAM (at the request of Dallas Area Rapid Transit system North Cen- revenues and activities covered under such Mr. ARMEY) for today after 2 p.m. and Act, and for other purposes. tral line is considerably less than the amount the balance of the week, on account of that had been requested, I remain hopeful that H.R. 3731. An act to designate the audito- medical reasons. rium located within the Sandia Technology the Committee will, within the constraints im- Mr. MCINNIS (at the request of Mr. Transfer Center in Albuquerque, New Mex- posed upon it by subcommittee allocations, be ARMEY) for today, on account of medi- ico, as the ‘‘Steve Schiff Auditorium.’’ able to increase this funding when the bill cal reasons. H.R. 3504. An act to amend the John F. goes to conference. Kennedy Center Act to authorize appropria- Mr. Speaker, I would like to express my f tions for the John F. Kennedy Center for the concern about a particular problem that has SPECIAL ORDERS GRANTED Performing Arts and to further define the been brought to my attention which affects a criteria for capital repair and operation and number of cities in the Dallas-Fort Worth met- By unanimous consent, permission to maintenance. ropolitan area. Because TEA±21 zeroed out address the House, following the legis- H.R. 3152. An act to provide that certain lative program and any special orders volunteers at private non-profit food banks operating assistance for transit systems in are not employees for purposes of the Fair large urbanized areas, suburban cities within heretofore entered, was granted to: (The following Members (at the re- Labor Standards Act of 1938. those metro areas have also found that they H.R. 872. An act to establish rules govern- quest of Mr. TALENT) to revise and ex- too have been restricted in the manner in ing product liability actions against raw ma- which they can use federal transit funds. In my tend their remarks and include extra- terials and bulk component suppliers to own congressional District, the cities of Arling- neous material:) medical device manufacturers, and for other ton and Grand Prairie will be particularly hard Mr. SESSIONS, for 5 minutes, today. purposes. hit by the elimination of operating assistance. Mr. BARR of Georgia, for 5 minutes, H.R. 765. An act to ensure maintenance of today. a herd of wild horses on Cape Lookout Na- In both instances, the suburban city transit tional Seashore. f systems are used exclusively to provide trans- H.R. 643. An act to designate the United portation for the elderly and the disabled but EXTENSION OF REMARKS States courthouse to be constructed at the neither city has a dedicated sales tax to pay corner of Superior and Huron Roads, in for such a system. By unanimous consent, permission to Cleveland, Ohio, as the ‘‘Carl B. Stokes Consequently, Mr. Speaker, I am currently revise and extend remarks was granted United States Courthouse.’’ writing legislation that seeks to correct this to: H.R. 434. An act to provide for the convey- problem now confronting cities like Grand (The following Members (at the re- ance of small parcels of land in the Carson Prairie and Arlington. I hope to be able to in- quest of Mr. TALENT) and to include ex- National Forest and the Santa Fe National traneous material:) Forest, New Mexico, to the village of El Rito troduce this bill before the August recess and and the town of Jemez Springs, New Mexico. would urge the Transportation and Infrastruc- Mr. HOYER. H.R. 4354. An act to establish the United ture Committee as well as the Transportation Mrs. CAPPS. States Capitol Police Memorial Fund on be- Committee to give this legislation careful con- Mr. KIND. half of the families of Detective John Mi- sideration. If the Congress does not provide a Ms. SANCHEZ. chael Gibson and Private First Class Jacob remedy, cities like Grand Prairie which serve Ms. SLAUGHTER. Joseph Chestnut of the United States Capitol 3,500 disabled and elderly persons a year will Mr. SANDERS. Police. most likely have to cut back their services by Mr. HAMILTON. H.R. 1085. An act to revise, codify, and enact without substantive change certain Mrs. MALONEY of New York. 50 percent next year. general and permanent laws, related to pa- Mr. Speaker, given the constraints with Mr. TOWNS. triotic and national observances, cere- which the Committee must address the con- Mr. GEJDENSON. monies, and organizations, as title 36, United cerns of individual Members as well as the Mr. ORTIZ. States Code, ‘‘Patriotic and National Observ- component parts of the Transportation Depart- Mr. WYNN. ances, Ceremonies, and Organizations.’’ August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7177 ADJOURNMENT Zone Off Alaska; Scallop Fishery off Alaska; received July 30, 1998, pursuant to 5 U.S.C. Amendment 3 [Docket No. 980402084–8166–02; 801(a)(1)(A); to the Committee on Resources. Mr. TALENT. Mr. Speaker, I move I.D. 032398B] (RIN: 0648–AJ51) received July 10507. A letter from the Chief, Regulations that the House do now adjourn. 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Branch, U.S. Customs Service, transmitting The motion was agreed to; accord- the Committee on Resources. the Service’s final rule—Geographical De- ingly (at 11 o’clock and 34 minutes 10497. A letter from the Acting Director, scription Of Kodiak, Alaska Customs Port Of p.m.), the House adjourned until to- Office of Sustainable Fisheries, National Entry [T.D. 98–65] received July 30, 1998, pur- morrow, Wednesday, August 5, 1998, at Oceanic and Atmospheric Administration, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 10 a.m. transmitting the Administration’s final tee on Ways and Means. rule—Fisheries of the Exclusive Economic f f Zone Off Alaska; Pacific Ocean Perch in the EXECUTIVE COMMUNICATIONS, Western Regulatory Area [Docket No. REPORTS OF COMMITTEES ON ETC. 971208297–8054–02; I.D. 071398A] received July PUBLIC BILLS AND RESOLUTIONS 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XXIV, execu- the Committee on Resources. Under clause 2 of rule XIII, reports of tive communications were taken from 10498. A letter from the Acting Director, committees were delivered to the Clerk the Speaker’s table and referred as fol- Office of Sustainable Fisheries, National for printing and reference to the proper lows: Oceanic and Atmospheric Administration, calendar, as follows: transmitting the Administration’s final 10490. A letter from the Acting Director, Mr. YOUNG of Alaska: Committee on Re- rule—Fisheries of the Exclusive Economic Office of Sustainable Fisheries, National sources. H.R. 1865. A bill to designate certain Zone Off Alaska; ‘‘Other Rockfish’’ in the Oceanic and Atmospheric Administration, lands in the San Isabel National Forest, in Eastern Regulatory Area of the Gulf of Alas- transmitting the Administration’s final Colorado, as the Spanish Peaks Wilderness ka [Docket No. 971208297–8054–02; I.D. 071698F] rule—Fisheries of the Exclusive Economic (Rept. 105–673). Referred to the Committee of received July 30, 1998, pursuant to 5 U.S.C. Zone Off Alaska; Pacific Ocean Perch in the the Whole House on the State of the Union. 801(a)(1)(A); to the Committee on Resources. Mr. YOUNG of Alaska: Committee on Re- Western Aleutian Distict of the Bering Sea 10499. A communication from the President and Aleutian Islands [Docket No. 971208298– sources. H.R. 3498. A bill to amend the Mag- of the United States, transmitting notifica- nuson-Stevens Fishery Conservation and 8055–02; I.D, 071698A] received July 30, 1998, tion of budget program revisions for the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Management Act to authorize the States of Commodity Credit Corporation for FY 1998 Washington, Oregon, and California to regu- mittee on Resources. and FY 1999 totaling $600 million, pursuant 10491. A letter from the Acting Director, late the Dungeness crab fishery in the exclu- to 15 U.S.C. 714c; (H. Doc. No. 105—296); to sive economic zone; with an amendment Office of Sustainable Fisheries, National the Committee on Appropriations and or- Oceanic and Atmospheric Administration, (Rept. 105–674). Referred to the Committee of dered to be printed. the Whole House on the State of the Union. transmitting the Administration’s final 10500. A letter from the Acting Director, Mr. GOSS: Committee on Rules. House rule—Fisheries of the Exclusive Economic Office of Management and Budget, transmit- Resolution 516. Resolution providing for con- Zone Off Alaska; Pelagic Shelf Rockfish in ting a report to Congress on direct spending sideration of the bill (H.R. 3892) to amend the the Central Regulatory Area of the Gulf of or receipts legislation within seven days of Elementary and Secondary Education Act of Alaska [Docket No. 971208297–8054–02; I.D. enactment; to the Committee on the Budget. 1965 to establish a program to help children 071698H] received July 30, 1998, pursuant to 5 10501. A letter from the Secretary, Securi- and youth learn English, and for other pur- U.S.C. 801(a)(1)(A); to the Committee on Re- ties and Exchange Commission, transmitting poses (Rept. 105–675). Referred to the House sources. the Commission’s final rule—Statement Of Calendar. 10492. A letter from the Acting Director, The Commission Regarding Disclosure Of Office of Sustainable Fisheries, National Year 2000 Issues And Consequences By Public f Oceanic and Atmospheric Administration, Companies, Investment Advisers, Investment PUBLIC BILLS AND RESOLUTIONS transmitting the Administration’s final Companies, And Municipal Securities Issuers rule—Fisheries of the Exclusive Economic [Release Nos. 33–7558; 34–40277; IA–1738; IC– Under clause 5 of Rule X and clause 4 Zone Off Alaska; Pelagic Shelf Rockfish in 23366; International Series Release No. 1149] of Rule XXII, public bills and resolu- the Western Regulatory Area of the Gulf of received July 30, 1998, pursuant to 5 U.S.C. Alaska [Docket No. 971208297–8054–02; I.D. tions were introduced and severally re- 801(a)(1)(A); to the Committee on Commerce. ferred, as follows: 071698E] received July 30, 1998, pursuant to 5 10502. A letter from the Assistant Sec- U.S.C. 801(a)(1)(A); to the Committee on Re- retary for Legislative Affairs, Department of By Mr. LAFALCE: sources. State, transmitting certification of a pro- H.R. 4388. A bill to amend the Consumer 10493. A letter from the Acting Director, posed Manufacturing License Agreement Credit Protection Act to ensure financial in- Office of Sustainable Fisheries, National with Federation of Bosnia and Herzegovina stitution privacy protections, and for other Oceanic and Atmospheric Administration, [DTC–71–98] received July 30, 1998, pursuant purposes; to the Committee on Banking and transmitting the Administration’s final to 22 U.S.C. 2776(c); to the Committee on Financial Services. rule—Fisheries of the Exclusive Economic International Relations. By Mr. DOOLITTLE: Zone Off Alaska; Pelagic Shelf Rockfish in 10503. A letter from the Employee Benefits H.R. 4389. A bill to provide for the convey- the Eastern Regulatory Area of the Gulf of Manager, Farm Credit Bank, transmitting a ance of various reclamation project facilities Alaska [Docket No. 971208297–8054–02; I.D. report on the Annual Federal Pension Plans, to local water authorities, and for other pur- 071698I] received July 30, 1998, pursuant to 5 pursuant to 31 U.S.C. 9503(a)(1)(B); to the poses; to the Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on Re- Committee on Government Reform and By Mr. ABERCROMBIE: sources. Oversight. H.R. 4390. A bill to amend the Internal Rev- 10494. A letter from the Acting Director, 10504. A letter from the Acting Executive enue Code of 1986 to restore the deduction for Office of Sustainable Fisheries, National Director, Interstate Commission On the Po- the travel expenses of a taxpayer’s spouse Oceanic and Atmospheric Administration, tomac River Basin, transmitting the Fifty- who accompanies the taxpayer on business transmitting the Administration’s final Seventh Financial Statement for the period travel; to the Committee on Ways and rule—Fisheries of the Exclusive Economic October 1, 1996—September 30, 1997; to the Means. Zone Off Alaska; Pacific Ocean Perch in the Committee on Government Reform and By Mr. BARR of Georgia (for himself, Western Regulatory Area of the Gulf of Alas- Oversight. Mr. GINGRICH, Mr. CHAMBLISS, Mr. ka [Docket No. 971208297–8054–02; I.D. 071698G] 10505. A letter from the Acting Director, KINGSTON, Mr. DEAL of Georgia, Mr. received July 30, 1998, pursuant to 5 U.S.C. Office of Sustainable Fisheries, National LEWIS of Georgia, Mr. BISHOP, Mr. 801(a)(1)(A); to the Committee on Resources. Oceanic and Atmospheric Administration, LINDER, and Mr. COLLINS): 10495. A letter from the Acting Director, transmitting the Administration’s final H.R. 4391. A bill to direct the Secretary of Office of Sustainable Fisheries, National rule—Fisheries of the Exclusive Economic Veterans Affairs to establish a national cem- Oceanic and Atmospheric Administration, Zone Off Alaska; ‘‘Other Rockfish’’ in the etery for veterans in the Atlanta, Georgia, transmitting the Administration’s final Central Regulatory Area of the Gulf of Alas- metropolitan area; to the Committee on Vet- rule—Fisheries of the Exclusive Economic ka [Docket No. 971208297–8054–02; I.D. 071798A] erans’ Affairs. Zone Off Alaska; Pacific Ocean Perch in the received July 30, 1998, pursuant to 5 U.S.C. By Mr. CUNNINGHAM (for himself and Western Regulatory Area of the Gulf of Alas- 801(a)(1)(A); to the Committee on Resources. Mr. PACKARD): ka [Docket No. 971208297–8054–02; I.D. 070298A] 10506. A letter from the Acting Director, H.R. 4392. A bill to amend the San Luis Rey received July 30, 1998, pursuant to 5 U.S.C. Office of Sustainable Fisheries, National Indian Water Rights Settlement Act, and for 801(a)(1)(A); to the Committee on Resources. Oceanic and Atmospheric Administration, other purposes; to the Committee on Re- 10496. A letter from the Acting Director, transmitting the Administration’s final sources. Office of Sustainable Fisheries, National rule—Fisheries of the Exclusive Economic By Mr. LEACH (for himself and Mr. LA- Oceanic and Atmospheric Administration, Zone Off Alaska; Northern Rockfish in the FALCE): transmitting the Administration’s final Western Regulatory Area of the Gulf of Alas- H.R. 4393. A bill to revise the banking and rule—Fisheries of the Exclusive Economic ka [Docket No. 971208297–8054–02; I.D. 071698D] bankruptcy insolvency laws with respect to H7178 CONGRESSIONAL RECORD — HOUSE August 4, 1998

the termination and netting of financial con- STON, Mr. COX of California, Mr. LEVIN, Mrs. MCCARTHY of New York, Mr. tracts, and for other purposes; to the Com- ARMEY, Mr. THUNE, Mr. BOEHNER, Mr. OBERSTAR, Mr. PALLONE, Mr. PASCRELL, Mr. mittee on Banking and Financial Services, HOBSON, Mr. KASICH, Mr. DOOLITTLE, RAHALL, Mr. SANDLIN, Mr. WEXLER, Mr. and in addition to the Committees on the Ju- Mr. MCINTOSH, Mr. HASTERT, Mr. VENTO, Mr. BURTON of Indiana, Mr. LINDER, diciary, and Commerce, for a period to be LAZIO of New York, Ms. PRYCE of Mr. GOODLATTE, Mr. QUINN, Mr. MARTINEZ, subsequently determined by the Speaker, in Ohio, Mr. MCCRERY, Mr. THOMAS, Mr. Mr. MORAN of Virginia, Mr. OLVER, Mr. PRICE each case for consideration of such provi- LINDER, and Ms. DUNN of Washing- of North Carolina, Mr. SAWYER, Mr. SHER- sions as fall within the jurisdiction of the ton): MAN, Mr. BORSKI, Mr. BRADY of Pennsyl- committee concerned. H. Con. Res. 317. Concurrent resolution ex- vania, Mr. CUMMINGS, Mr. DINGELL, and Mr. By Mr. PETERSON of Minnesota: pressing the sense of Congress that Members FATTAH. H.R. 4394. A bill to establish temporary en- of Congress should follow the examples of H.R. 1773: Mrs. CAPPS. rollment priorities for the conservation re- self-sacrifice and devotion to character dis- H.R. 1995: Mr. FORBES and Mr. MEEKS of serve program; to the Committee on Agri- played by Jacob Chestnut and John Gibson New York. culture. of the United States Capitol Police; to the H.R. 2094: Mr. BORSKI and Mr. PASCRELL. By Ms. RIVERS: Committee on House Oversight. H.R. 2345: Mr. PORTER. H.R. 4395. A bill to amend the Real Estate H.R. 2397: Mr. ENSIGN, Mr. BISHOP, Mr. f Settlement Procedures Act of 1974 to pro- DEUTSCH, Mr. ORTIZ, and Mr. CRAMER. hibit a lender from requiring a borrower in a MEMORIALS H.R. 2409: Ms. WOOLSEY. residential mortgage transaction to provide H.R. 2450: Mr. ENGLISH of Pennsylvania and the lender with unlimited access to the bor- Under clause 4 of rule XXII, memori- Mr. NEAL of Massachusetts. rower’s tax return information; to the Com- als were presented and referred as fol- H.R. 2612: Mr. CAMPBELL. mittee on Banking and Financial Services. lows: H.R. 2914: Mr. ALLEN. By Mr. SCHUMER: H.R. 2955: Mr. WEXLER, Mr. SPENCE, and 388. The SPEAKER presented a memorial H.R. 4396. A bill to amend title IV of the Mr. MALONEY of Connecticut. of the General Assembly of the State of Cali- Employee Retirement Income Security Act H.R. 2990: Mr. STRICKLAND and Mr. BRADY fornia, relative to Assembly Joint Resolu- of 1974 to protect the rights of participants of Texas. tion No. 60 memorializing the President and and beneficiaries of terminated pension H.R. 3014: Mr. PACKARD. the Congress of the United States to endorse, plans; to the Committee on Education and H.R. 3048: Mr. ACKERMAN and Mr. PETRI. support, and fund the 940th ARW as the next the Workforce. H.R. 3081: Mrs. CAPPS, Mr. KENNEDY of KC–135 unit to convert to KC135–R model air- By Mr. SCHUMER: Rhode Island, and Ms. KILPATRICK. craft, because that conversion would ensure H.R. 4397. A bill to amend the Internal Rev- H.R. 3148: Ms. CHRISTIAN-GREEN. that the 940th ARW remains a relevant, ca- enue Code of 1986 to modify the rules for de- H.R. 3181: Mr. BORSKI. pable, and necessary part of the United termining whether a corporation is a cooper- H.R. 3217: Mr. WAXMAN. States Air Force mission in the 21st century ative housing corporation for purposes of H.R. 3376: Mr. COOK. and a viable and productive asset to the De- such Code; to the Committee on Ways and H.R. 3396: Mr. HINCHEY, Mr. FOX of Penn- partment of Defense, the State of California, Means. sylvania, Mr. BARTON of Texas, Mr. HALL of and the nation; to the Committee on Na- By Ms. SLAUGHTER (for herself, Mrs. Texas, Mr. BEREUTER, and Mr. COSTELLO. tional Security. MALONEY of New York, and Ms. H.R. 3610: Mr. MCINTYRE. WOOLSEY): f H.R. 3690: Mr. GOODLATTE. H.R. 4398. A bill to establish a commission, H.R. 3702: Ms. LOFGREN and Ms. DANNER. in honor of the 105th Anniversary of the Sen- PRIVATE BILLS AND H.R. 3790: Mr. HYDE, Mr. GILMAN, Mr. KING eca Falls Convention, to further protect sites RESOLUTIONS of New York, Mr. WICKER, Mr. SERRANO, Mr. of importance in the historic efforts to se- Under clause 1 of Rule XXII, CLAY, Ms. MCCARTHY of Missouri, Ms. DAN- cure equal rights for women; to the Commit- NER, and Mr. SESSIONS. Mr. DEFAZIO introduced A bill (H.R. tee on Resources. H.R. 3831: Mr. YATES. 4400) to authorize the Secretary of By Mr. SMITH of Michigan (for him- H.R. 3865: Mr. SHADEGG, Mr. LEACH, Mr. Transportation to issue a certificate self, Mr. SOLOMON, Mr. NETHERCUTT, EHLERS, Mr. BUYER, Mr. THUNE, Mr. SHU- of documentation with appropriate Mrs. EMERSON, Mr. THORNBERRY, Mr. STER, Mr. HILLEARY, Mr. SKEEN, Mr. TRAFI- endorsement for employment in the CHRISTENSEN, Mr. NUSSLE, Mr. EWING, CANT, Mr. GANSKE, Mrs. CUBIN, Mr. BURR of coastwise trade and fisheries for the and Mr. BOB SCHAFFER): North Carolina, Mr. KINGSTON, Mr. FORBES, vessel S.S.; which was referred to the H.R. 4399. A bill to amend the Internal Rev- Mr. LATOURETTE, Mr. BILIRAKIS, Mr. ROGAN, Committee on Transportation and In- enue Code of 1986 to make permanent the in- Mr. HUTCHINSON, Mr. SAXTON, Mr. GREEN- frastructure. come averaging rules for farmers; to the WOOD, Mr. SAM JOHNSON, Mr. SMITH of Texas, Committee on Ways and Means. f Mr. GEKAS, Mr. BACHUS, Mr. FAWELL, Mrs. By Mr. GINGRICH (for himself, Mr. BONO, Mr. COX of California, Mr. ROYCE, Mr. ARMEY, Mr. BARR of Georgia, Mr. ADDITIONAL SPONSORS SMITH of New Jersey, Mr. SOLOMON, Mr. FOX BARRETT of Nebraska, Mr. BASS, Mr. Under clause 4 of rule XXII, sponsors of Pennsylvania, and Mrs. FOWLER. BATEMAN, Mr. BLILEY, Mr. BOEHLERT, were added to public bills and resolu- H.R. 3974: Mrs. THURMAN. Mr. BRYANt, Mr. CALVERT, Mr. COX of tions as follows: H.R. 3991: Mr. HEFLEY. California, Mr. DEAL of Georgia, Mr. H.R. 4007: Ms. MCKINNEY and Mr. DAVIS of DELAY, Ms. DUNN of Washington, Mr. H.R. 74: Mrs. MALONEY of New York. Illinois. ENGLISH of Pennsylvania, Mr. GIB- H.R. 218: Mr. BILIRAKIS. H.R. 4008: Ms. STABENOW and Mr. STUPAK. BONS, Mr. GREENWOOD, Mr. HASTERT, H.R. 284: Ms. LEE. H.R. 4013. HAYWORTH. Mr. HAYWORTH, Mr. HOBSON, Mr. KA- H.R. 880: Mr. BONILLA. H.R. 4018 Ms. SLAUGHTER, Ms. HOOLEY of SICH, Mrs. KELLY, Mr. LINDER, Mr. H.R. 1126: Mrs. FOWLER, Mr. TIERNEY, Mr. Oregon, Mr. TORRES, Ms. CARSON, Mrs. MCINTOSH, Mr. METCALF, Mrs. STEARNS, and Ms. JACKSON-LEE. CAPPS, Mr. RANGEL, and Mr. MEEHAN. MYRICK, Mrs. NORTHUP, Mr. NORWOOD, H.R. 1231: Mr. DAVIS of Florida. H.R. 4031: Mr. HILLIARD. Mr. PETERSON of Pennsylvania, Mr. H.R. 1401: Mr. BECERRA. H.R. 4034: Mr. MCNULTY. PITTS, Ms. PRYCE of Ohio, Mr. H.R. 1450: Mr. BARRETT of Wisconsin. H.R. 4069: Mr. SMITH of Michigan. REDMOND, Mr. SCARBOROUGH, Mr. H.R. 1560: Mrs. MALONEY of New York, Mr. H.R. 4071: Mr. HAMILTON. SENSENBRENNER, Mr. SESSIONS, Mr. BUYER, Mr. CRAPO, Mr. GILCHREST, Mr. HOEK- H.R. 4092: Mr. DICKS, Mr. ALLEN, and Mr. SMITH of Texas, Mr. SMITH of Michi- STRA, Mr. HOUGHTON, Mr. HUNTER, Mr. LUCAS BAESLER. gan, Mr. SOLOMON, Mr. SPENCE, Mr. of Oklahoma, Mr. PAXON, Mr. SMITH of New H.R. 4151: Mr. SAM JOHNSON. STEARNS, Mr. STUMP, Mr. TALENT, Jersey, Mr. TAYLOR of North Carolina, Mr. H.R. 4152: Mr. LAMPSON. Mr. WATTS of Oklahoma, Mr. WELDON YOUNG of Alaska, Mr. ROGAN, Mr. POMBO, Mr. H.R. 4209: Mr. MANZULLO. of Florida, and Mr. WOLF): BARTON of Texas, Mr. DOOLITTLE, Mr. H.R. 4213: Mr. RAMSTAD, Mr. HOSTETTLER, H. Con. Res. 316. Concurrent resolution to BOEHNER, Mr. HOBSON, Mr. HYDE, Mr. Mr. BLAGOJEVICH, and Mr. RYUN. express the sense of Congress that State and DREIER, Mr. SENSENBRENNER, Mr. TRAFICANT, H.R. 4219: Mr. GOODE. local governments and local educational Mr. PORTER, Mr. GALLEGLY, Mr. SAXTON, Mr. H.R. 4224: Mr. GREEN. agencies are encouraged to dedicate a day of GILMAN, Mr. POSHARD, Mr. COLLINS, Mr. H.R. 4232: Mr. MANZULLO and Mr. BONILLA. learning to the study and understanding of MCHUGH, Mr. OBEY, Mr. SAM JOHNSON, Mrs. H.R. 4233: Mr. MEEHAN, Mr. MILLER of Cali- the Declaration of Independence, the United MORELLA, Mr. ANDREWS, Mr. BALDACCI, Mr. fornia, Mr. CONYERS, Mr. MCGOVERN, Mr. States Constitution, and the Federalist Pa- BISHOP, Mr. BLAGOJEVICH, Mr. BOYD, Ms. UNDERWOOD, Mr. ANDREWS, Mr. BLUMENAUER, pers; to the Committee on Education and the CARSON, Mr. DAVIS of Illinois, Mr. and Mr. BARRETT of Wisconsin. Workforce. ETHERIDGE, Mr. GEJDENSON, Mr. GOODE, Mr. H.R. 4235: Mrs. MINK of Hawaii and Mr. By Mrs. MYRICK (for herself, Mr. HALL of Texas, Mr. HOLDEN, Mr. JEFFERSON, FORBES. DELAY, Mr. LEWIS of Georgia, Mr. Mr. JOHN, Ms. EDDIE BERNICE JOHNSON of H.R. 4238: Mr. NEAL of Massachusetts and GINGRICH, Mr. BLILEY, Mr. LIVING- Texas, Mr. KENNEDY of Rhode Island, Mr. Mrs. THURMAN. August 4, 1998 CONGRESSIONAL RECORD — HOUSE H7179

H.R. 4242: Mr. GOODE. order to improve academic achievement, to ‘‘(C) QUALIFIED STATE DEFINED.—For pur- H.R. 4258: Mr. CHABOT. increase graduation rates among English poses of this paragraph, the term ‘qualified H.R. 4265: Mr. BEREUTER. language learners, and to prepare students State’ means a State (excluding the Com- H.R. 4266: Ms. JACKSON-LEE, Mr. ENGLISH of for transition as soon as possible into class- monwealth of Puerto Rico and the outlying Pennsylvania, Mr. BROWN of California, and rooms where instruction is not tailored for areas) with respect to which the ratio (ex- Mrs. LOWEY. English language learners or immigrant chil- pressed as a percentage) of— H.R. 4281: Mr. SAM JOHNSON. dren and youth. ‘‘(i) the total number of children and youth H.R. 4283: Mr. KENNEDY of Massachusetts, Page 13, line 19, strike ‘‘(E)’’ and insert enrolled in public and private elementary Mr. SAWYER, Mr. COYNE, and Mr. DOOLEY of ‘‘(F)’’. and secondary schools in the State who are California. Page 17, line 17, strike ‘‘and’’ English language learners or immigrant chil- H.R. 4293: Mr. FOSSELLA, Mrs. LOWEY, Mr. Page 17, line 19, strike the period at the dren and youth; to LAFALCE, Mr. GUTIERREZ, Ms. LEE, Mr. HIN- end and insert ‘‘; and’’. ‘‘(ii) the total number of children and Page 17, after line 19, insert the following: CHEY, and Mr. CALVERT. youth enrolled in such schools in the State; ‘‘(C) the number and percentage of stu- H.R. 4339: Mr. BARRETT of Nebraska. equals or exceeds 10 percent (based on the dents in the programs and activities master- H.R. 4344: Mr. THOMPSON, Mr. MORAN of most recent school enrollment data avail- ing the English language by the end of each Virginia, Mr. MALONEY of Connecticut, Mr. able to, and reported to the Secretary by, school year. PALLONE, Mr. DOOLEY of California, Mrs. the State). Page 19, after line 2, insert the following: ROUKEMA, and Mr. TAYLOR of North Carolina. Page 19, line 19, strike ‘‘1.5’’ and insert ‘‘(4) EVALUATION MEASURES.—In prescribing H.R. 4346: Mr. RANGEL, Mrs. JOHNSON of ‘‘.025’’. the form of an evaluation provided by an en- Page 20, after line 13, insert the following: Connecticut, Mr. CAMP, Mr. ENGLISH of tity under paragraph (1), a State shall ap- ‘‘(d) MINIMUM ALLOTMENT.— Pennsylvania, Mr. FOX of Pennsylvania, Mr. prove evaluation measures for use under ‘‘(1) IN GENERAL.—Notwithstanding sub- FORBES, Mr. CALVERT, Mr. KING of New York, paragraph (3) that are designed to assess— sections (a) through (c), the Secretary shall Mr. TRAFICANT, and Mr. UNDERWOOD. ‘‘(A) oral language proficiency in kinder- not allot to any State— H.R. 4358: Mr. LAFALCE. garten; ‘‘(A) for fiscal years 1999 and 2000, an H.R. 4362: Ms. DANNER and Ms. WOOLSEY. ‘‘(B) oral language proficiency, including amount that is less than 100 percent of the H.R. 4363: Mr. SCHUMER. speaking and listening skills, in first grade; baseline amount for the State; H.R. 4370: Mr. FROST, Mr. LARGENT, and and ‘‘(B) for fiscal year 2001, an amount that is Mr. HINOJOSA. ‘‘(C) both oral language proficiency, in- less than 95 percent of the baseline amount H.J. Res. 66: Mr. BENTSEN. cluding speaking and listening skills, and for the State; H. Con. Res. 203: Mr. DAVIS of Florida. reading and writing proficiency in grades ‘‘(C) for fiscal year 2002, an amount that is H. Con. Res. 229: Mr. HAYWORTH and Mr. two and higher. less than 90 percent of the baseline amount SNOWBARGER. Page 19, strike lines 4 through 15 and insert for the State; and H. Con. Res. 264: Mr. SNYDER. the following: ‘‘(D) for fiscal year 2003, an amount that is H. Con. Res. 274: Mr. BLILEY, Mrs. KEN- ‘‘(a) IN GENERAL.— less than 85 percent of the baseline amount NELLY of Connecticut, Mr. HILLIARD, Mr. ‘‘(1) BASIC ALLOTMENTS.—Except as pro- for the State. WAXMAN, Mr. TORRES, Mr. RANGEL, Mr. vided in subsections (b), (c), and (d), from the ‘‘(2) BASELINE AMOUNT DEFINED.—For pur- DEUTSCH, Mr. STEARNS, and Mr. GREEN. sum available for the purpose of making poses of this subsection, the term ‘baseline H. Con. Res. 299: Mr. MANZULLO. grants to States under this chapter for any amount’, when used with respect to a State, H. Res. 37: Mr. BARR of Georgia, Mr. UPTON, fiscal year (excluding amounts made avail- means the total amount received under parts Ms. MCCARTHY of Missouri, and Mr. PAYNE. able under section 7111(c)), the Secretary A and C of this title for fiscal year 1998 by f shall allot to each State (excluding the Com- the State, the State educational agency, and monwealth of Puerto Rico and the outlying PETITIONS, ETC. all local educational agencies of the State. areas) that, in accordance with section 7122, ‘‘(3) RATABLE REDUCTION.—If the amount Under clause 1 of rule XXII, petitions submits to the Secretary an application for available for allotment under this section for and papers were laid on the clerk’s the year an amount which bears the same any fiscal year is insufficient to permit the desk and referred as follows: ratio to such sum as the total number of Secretary to comply with paragraph (1), the children and youth who are English language Secretary shall ratably reduce the allot- 71. The SPEAKER presented a petition of learners and immigrant children and youth ments to all States for such year. Mr. Gregory D. Watson of Austin, Texas, rel- and who reside in the State bears to the Page 20, line 14, strike ‘‘‘(d)’’ and insert ative to expressing support for an amend- total number of such children and youth re- ‘‘‘(e)’’. ment to the United States Constitution lim- siding in all such States. Page 20, line 15, strike ‘‘(a)’’ and insert iting to 12 the aggregate number of years ‘‘(2) SUPPLEMENTAL ALLOTMENTS FOR CER- ‘‘(a)(1)’’. which a person may serve as a member of the TAIN STATES WITH LARGE POPULATIONS OF AF- Page 20, line 24, strike ‘‘‘(e)’’ and insert United States House of Representatives and FECTED CHILDREN AND YOUTH.— ‘‘‘(f)’’. limiting to 12 the aggregate number of years ‘‘(A) IN GENERAL.—In addition to any H.R. 3892 which a person may serve as a member of the amount allotted to a State under paragraph OFFERED BY: MR. RIGGS United States Senate—and further providing (1), from the sum made available for any fis- AMENDMENT NO. 2: Page 16, line 16, strike that membership in the United States Sen- cal year under section 7111(c), the Secretary ‘‘and’’. ate be gained only by election and never via shall allot to each State described in para- Page 17, line 3, strike ‘‘students.’’ and in- appointment; to the Committee on the Judi- graph (1) that is a qualified State an amount sert ‘‘students; and’’. ciary. which bears the same ratio to such sum as Page 17, after line 3, insert the following: f the number described in subparagraph (C)(i) ‘‘(F) the eligible entity is not in violation of any State law, including State constitu- AMENDMENTS with respect to the State bears to the total of such numbers with respect to all such tional law, regarding the education of Under clause 6 of rule XXIII, pro- qualified States. English language learners. posed amendments were submitted as ‘‘(B) REQUIRED EXPENDITURES.—The Sec- H.R. 3892 follows: retary may make a grant to a State under OFFERED BY: MR. BONILLA section 7121(a) consisting, in part, of an al- H.R. 3892 AMENDMENT NO. 3: Page 30, line 10, strike lotment determined under subparagraph (A) ‘‘(a)(3).’’ and insert ‘‘(a)(3).’. ’’. OFFERED BY: MR. RIGGS only if the State agrees— Beginning on page 30, strike line 11 AMENDMENT NO. 1: Page 5, line 17, strike ‘‘(i) to expend 100 percent of the amount of through page 31, line 8. ‘‘subpart,’’ and insert ‘‘subpart (except for such allotment for the purpose of making H.R. 3892 section 7124(a)(2)),’’. subgrants to local educational agencies to OFFERED BY: MR. HAYWORTH Page 6, after line 2, insert the following: provide assistance to children and youth who ‘‘(c) AUTHORIZATION OF APPROPRIATIONS are English language learners and immigrant AMENDMENT NO. 4: Page 30, after line 10, in- FOR SUPPLEMENTAL ALLOTMENTS.—For the children and youth in accordance with sec- sert the following (and redesignate any sub- purpose of carrying out section 7124(a)(2), tion 7123; and sequent sections accordingly): there are authorized to be appropriated such ‘‘(ii) that, in making subgrants under ‘‘SEC. 7406. RULE OF CONSTRUCTION. sums as may be necessary for fiscal year 1999 clause (i), the State shall award funds only ‘‘Nothing in this Act shall be construed to and each of the 4 succeeding fiscal years. to those applicants that are local edu- limit the preservation or use of Native Page 8, line 10, after ‘‘grant’’ insert ‘‘(ex- cational agencies with the highest ratios of— American languages as defined in the Native cluding any amount allotted to the State ‘‘(I) the total number of children and youth American Languages Act or Alaska Native under section 7124(a)(2))’’. who are English language learners and immi- languages.’’. Page 13, after line 18, insert the following: grant children and youth residing in the geo- H.R. 3892 ‘‘(E) Developing tutoring programs for graphic area served by the agency; to OFFERED BY: MRS. MINK OF HAWAII English language learners that provide early ‘‘(II) the total number of children and AMENDMENT NO. 5: Page 24, line 21, strike intervention and intensive instruction in youth residing in such area. ‘‘or’’. H7180 CONGRESSIONAL RECORD — HOUSE August 4, 1998 Page 25, line 2, strike ‘‘program.’’ and in- each of the amounts appropriated by this retary of Veterans Affairs in finding ways to sert ‘‘program; or’’. Act that are not required by law to be appro- facilitate the enumeration of homeless vet- Page 25, after line 2, insert the following: priated. erans and their families, particularly ‘‘(D) a State educational agency, in the H.R. 4276 through the use of Vet Centers operated case of a State educational agency that also OFFERED BY: MR. BLUMENAUER under section 1712A of title 38, United States serves as a local educational agency. Code. AMENDMENT NO. 46: Page 96, line 6, after H.R. 3892 ‘‘studies’’ insert the following: ‘‘and of the H.R. 4276 OFFERED BY: MR. SMITH OF MICHIGAN amount so appropriated, the Commission OFFERED BY: MS. JACKSON-LEE OF TEXAS AMENDMENT NO. 6: Page 13, after line 18, in- shall expend such sums as may be necessary AMENDMENT NO. 48: Page 11, line 14, insert sert the following: to implement a truth in billing rulemaking, ‘‘(increased by $500,000)’’ after ‘‘$6,699,000’’. ‘‘(E) Providing family literacy services to pursuant to its authority under section 205 of English language learners and immigrant the Communications Act of 1934 (47 U.S.C. Page 2, line 7, insert ‘‘(decreased by children and youth and their families to im- 205), that will require any telecommuni- $500,000)’’ after ‘‘$79,448,000’’. prove their English language skills and as- cations carrier that includes on any of the H.R. 4276 sist parents in helping their children to im- bills sent to its customers a charge described OFFERED BY: MR. KUCINICH prove their academic performance. in the next sentence shall (1) specify in the Page 13, line 19, strike ‘‘(E)’’ and insert bill imposing such charge any reduction in AMENDMENT NO. 49: At the end of the bill, ‘‘(F)’’. charges or fees allocable to all classes of cus- insert after the last section (preceding the Page 25, after line 21, insert the following tomers (including customers of residential short title) the following: (and redesignate any subsequent paragraphs basic service, customers of other residential TITLE IX—ADDITIONAL GENERAL accordingly): services, small business customers, and other PROVISIONS ‘‘(4) FAMILY LITERACY SERVICES.—The term business customers) by reason of any regu- SEC. 901. None of the funds made available ‘family literacy services’ means services pro- latory action of the Federal Government; in this Act may be used for the filing of a vided to participants on a voluntary basis and (2) submit to the Federal Communica- complaint, or any motion seeking declara- that are of sufficient intensity in terms of tions Commission the reports required to be tory or injunctive relief pursuant thereto, in hours, and of sufficient duration, to make submitted by the carrier to the Securities any legal action brought under section sustainable changes in a family (such as and Exchange Commission under sections 102(b)(2) of the North American Free Trade eliminating or reducing welfare dependency) 13(a) and 15(d) of the Securities and Ex- Agreement Implementation Act (19 U.S.C. and that integrate all of the following activi- change Act of 1934 (15 U.S.C. 78m(a), 78o(d)). 3312(b)(2)) or section 102(b)(2) of the Uruguay ties: Clauses (1) and (2) of the preceding sentence Round Agreements Act (19 U.S.C. 3512(b)(2)). ‘‘(A) Interactive literacy activities be- shall apply in the case of the following tween parents and their children. charges: (A) any specific charge included H.R. 4276 ‘‘(B) Equipping parents to partner with after June 30, 1997, if the imposition of the OFFERED BY: MR. MCINTOSH their children in learning. charge is attributed to a regulatory action of AMENDMENT NO. 50: At the end of the bill ‘‘(C) Parent literacy training, including the Federal Government; and (B) any spe- (immediately before the short title), insert training that contributes to economic self- cific charge included before that date if the the following new section: sufficiency. description of the charge is changed after SEC. . None of the funds appropriated or ‘‘(D) Appropriate instruction for children that date to attribute the imposition of the otherwise made available by this Act may be of parents receiving parent literacy serv- charge to a regulatory action of the Federal used for any activity of the Standing Con- ices.’’ Government’’. sultative Commission to implement the H.R. 4274 H.R. 4276 Memorandum of Understanding Relating to OFFERED BY: MR. ENGLISH OF PENNSYLVANIA OFFERED BY: MS. BROWN OF FLORIDA the Treaty Between the United States of AMENDMENT NO. 3: Page 95, after line 17, in- AMENDMENT NO. 47: Page 63, after line 2, in- America and the Union of Soviet Socialist sert the following new section: sert the following new section: Republics on the Limitation of Anti-Ballis- SEC. 517. There are appropriated for carry- SEC. 211. It is the sense of Congress that tic Missile Systems of May 26, 1972, entered ing out the Low-Income Home Energy As- the Secretary of Commerce, in carrying out into in New York on September 26, 1997, by sistance Act of 1981 $1,000,000,000, to be de- the census for the year 2000, should consult the United States, Russia, Kazakhstan, rived by hereby reducing by 2.817 percent with, and seek the assistance of, the Sec- Belarus, and Ukraine. August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1529 EXTENSIONS OF REMARKS

ENCOURAGING THE STUDY OF OUR ISSUES OF CONCERN TO TODAY’S STATEMENT BY JESSE FIELD, RENAY THOMP- FOUNDING DOCUMENTS BY YOUTH SON AND ELAINE GRIFFEN REGARDING CAP- SCHOOL CHILDREN ITAL PUNISHMENT JESSE FIELD: Last year, every U.S. citizen HON. BERNARD SANDERS committed 45 homicides. None of them were ever prosecuted. These crimes were planned HON. NEWT GINGRICH OF VERMONT out at least ten years in advance, and the OF GEORGIA IN THE HOUSE OF REPRESENTATIVES victim not only knew about the coming exe- cution, but was kept in prison the entire IN THE HOUSE OF REPRESENTATIVES Tuesday, August 4, 1998 time. How, you may ask, can this happen. Well, the answer is, these crimes were legal. Tuesday, August 4, 1998 Mr. SANDERS. Mr. Speaker, I would like to You may realize by now what we are talk- have printed in the RECORD statements by ing about: Capital punishment. You may also Mr. GINGRICH. Mr. Speaker, today I am in- high school students from my home state of be saying, but these people were the scum of troducing a House Concurrent Resolution en- Vermont, who were speaking at my recent the earth, they don’t deserve to live after couraging schools to dedicate at least one day town meeting on issues facing young people what they did. This statement raises a seri- of learning during the school year to studying today. I am asking that you please insert ous moral question. But there are other rea- these statements in the CONGRESSIONAL sons, as well, to abolish capital punishing: the founding documents of our great nation: High costs, increased murder rates, and dis- RECORD as I believe that the views of these the Declaration of Independence, the U.S. crimination. Constitution, and the Federalist Papers. young people will benefit my colleagues. ELAINE GRIFFEN: Many people often argue it takes a lot of their tax dollars to keep an These works establish the fundamental prin- STATEMENT BY ERICA LEWIS AND DAN JOHNSON REGARDING DRUNK DRIVING inmate locked up, and why should they have ciples upon which the American experiment in to pay so he or she can live? The truth is, it government is based. They are the core that ERICA LEWIS: We would like to express a does cost them a lot. A study from 1997 found makes America unique and different from the concern that is becoming a big issue with that it costs $20,000 per year to keep a pris- rest of the world. In Europe, power was be- teen Vermonters today. Our concern is prob- oner in jail. That’s $800,000 to lock them up ably the same as many others: Teen driving stowed from God to the King who ruled the for forty years. However, the same source under the influence of alcohol. found that it costs taxpayers $2 million to people. In this model, the center of power is Young adults are usually both inexperi- execute someone. This is mostly because the state. However, in the American model, enced drivers as well as inexperienced drink- there are so many more appeals and Court power comes from God to the citizen who ers. These two combined is a fatality waiting costs attributed to an inmate on death row. then lends it to the state. Self governance re- to happen. Alcohol, when consumed, de- So, in fact, taxpayers are not getting a break quires very hard work, patience, and persist- creases alertness, causes depression, nausea, when they execute a criminal. unconsciousness, hangovers, and possible RENAY THOMPSON: Another common argu- ence, but it also guarantees us freedom. overdose, which could lead to death. We, as ment for the death penalty is capital punish- Further, I think it would be very healthy for teenagers, should be aware of the serious ment deters crime. This is not true at all. every teacher and every student in America to risks that are involved when wrong choices When a crime is committed, often the last thing on a potential criminal’s, mind is what spend time wrestling with the question. ``What are made and lives are at stake. Driving should be considered a privilege, not a right, consequences they will suffer as a result of did the Founding Fathers mean by the term for we all have the right to be safe while this. ``Creator''? The Declaration of Independence driving, and when alcohol is involved, no one And as George Bernard Shaw says, ‘‘It is states: ``We hold these truths to be self-evi- can predict the outcome. Anyone of us here the deed that teaches, not the name we give dent, that all Men are created equal, that they today could be driving down the road next it.’’ Murder and capital punishment are not opposites that cancel one another, but are endowed by their Creator with certain week and, because of a drunk driver, never make it to where we were headed. Because of similars that breed their kind. Studies done unalienable Rights, that among these are Life, this increasing problem, there needs to be have shown that, as the number of execu- Liberty and the Pursuit of Happiness.'' I be- more awareness of alcohol and its effects. It tions increase, so does the murder rate. lieve that when children start to realize that is up to us, the younger generation, to make Georgia, which reinstated capital punish- each and every person is endowed by God, an impression on our peers and those that ment in 1983, saw an increase of 20 percent in then they begin to understand that if you sell follow, and most of all to prove to our elders their murder rate in the following year, also a year in which the national homicide rate them drugs, you are corrupting a person en- that we have what it takes to make the right decisions and follow through. fell 5 percent. When Florida started execut- dowed by God. In fact, every violation of a There is no overall solution to this prob- ing prisoners again in 1979, the 1980 murder person's unalienable rights is a violation of a lem, but we, as mature young adults, should rate went up 28 percent, and 1981 and 1982 Creator endowed right. I believe this under- make a strong effort to plan ahead before it were the highest in recent history. These in- standing of our relationship with each other re- gets to a point where it might be too late, cidents show, as Michael Godfried put it, that the state may be, tragically, leading by orients the way we view each other in and the whether that be make arrangements for a designated driver or staying until you are example. American body politic. JESSE FIELD: Discrimination is also a capable of driving. major issue in sentencings and executions. These are fundamental concepts which DAN JOHNSON: A suggestion that we have need to be reinforced for every child in Amer- Poor people cannot afford lawyers, and their and strongly agree with is a paper called a defense is not as good. They are convicted ica. I want to commend Senator Grace Kearns contract for life. It is an agreement between and given the death penalty more often. from Ohio, Senator Don Benton from Wash- teenagers and their parents stating, if at any There are also issues of racial discrimination ington, Senator Colin Bonini from Delaware, given time that either they feel incapable of involved. While only 12 to 13 percent of our Georgia Senator Chuck Clay, State Rep- driving, there will be transportation pro- nation’s population is African-American, 41 vided, and safe transportation, for them. resentative Andre Bauer from South Carolina, percent of people on death row are black. A This contract was given to us from our driv- study done by the New Jersey Supreme and Alabama Representative Bob McKee for ers ed teachers at the Essex Technical Cen- Court shows there is strong evidence of ra- introducing bills to implement this idea at the ter. Other suggestions that we agree with is cial bias in jurors. They are more likely to state level and Assemblyman Keith Olberg larger penalties for adults in furnishing alco- give the death penalties to minorities than from California for getting a similar bill passed hol for minors at stores to sell this. Teen whites. New Jersey is considering abolishing drinking and driving will always be a prob- capital punishment on this issue alone, be- in California in 1996 requiring these docu- lem, but, hopefully, with our help, we can re- ments to be specifically taught in high schools. cause it leads to a constitutional violation. duce it. Thank you for our time. ELAINE GRIFFEN: Despite the strong case I hope that my colleague in the House will join Congressman SANDERS: A very important both points make against capital punish- me in encouraging more study of the founding contribution to this discussion. Thanks very ment, the most important issue by far is documents by American school children. much. that of morals. For some people, it takes the

∑ 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. E1530 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 form of religion. For example, the brother of Most public school classes are aimed at the no's, Taiwan Representative Stephen Chen the woman who was murdered by Carla Fay average student. When you think about it, said, ``The Republic of China in 1998 is no Tucker is strongly against the death penalty only one percent of students will be perfectly longer the ROC of 1949. How many countries for reasons of religion. He met with his sis- average. There are always special education ter’s killer while she was on death row. He classes, but not nearly so often are there ad- in the world can compare with the Republic of forgave her and she responded with tears and vanced placement offerings. China in its development of freedom, democ- apologies. We killed this woman anyway. All ends of the spectrum need to be ad- racy, equitable distribution of wealth and Bud Welch’s daughter, Julie, died in the dressed. A student should not have to go to human rights? The Republic of China in 1998 Oklahoma City bombing, and still he does private school to have their needs addressed, will not be sacrificed by anyone.'' Chen ex- not support the execution of Timothy and it is mainly the elite who can choose an pressed full confidence in Taiwan's future as McVay. He rejects legal murder for reasons appropriate education for their child. long as the people in Taiwan rely upon them- of his religion, and also other moral issues Shouldn’t there be the opportunity for all selves and adhere to the principles of full de- such as the sanctity of life. students to be challenged? Another moral point that is important to Students now come from as far south as mocratization. He concluded that a democratic make is the fact that we are trying to teach Rutland, as far north as Fairfax, and as far Taiwan will continue to flourish. people that murder is wrong by committing east as Rochester to go the Gailer School in Meanwhile President Lee Teng-hui has in- it. By the logic of our government, we then Middlebury. This should send a clear mes- structed the Foreign Ministry to evaluate the killed and are wrong, and deserve to be sage to lawmakers that many students care Clinton-Jiang summit's possible impact in the killed as well. so deeply about their education that they following areas: human rights, democracy, re- RENAY THOMPSON: It is interesting to note are willing to make significant sacrifices. There is simply not enough scholarship gional peace and stability, and further dialogue that the United States is the only developed with the People's Republic of China on resolu- country that still uses the death penalty. money out there so that all students who Other countries in the same category with want to can go to private school. Frequently, tion of disputes between the two sides. On the U.S. on this issue are China, Iraq, India, students start at private schools, but then July 22, President Lee stated unequivocally North Korea, and Cuba, among others. have to drop out for financial reasons. While that China must become unified. Unification, We would like to see a Federal abolition of I am fortunate that my family has been able he said, must be under a system of democ- capital punishment like the one from 1972 to to send me to private school, it should not be racy, freedom and equal prosperity to ensure 1976. As an alternative to the death penalty, only the economically elite who have access the well being of the Chinese people on both we suggest life penalties without parole. to alternative education. I think a solution to this problem is fed- sides of the Taiwan Strait. These would be less costly, and the millions f of dollars per prisoner saved could be reallo- eral legislation encouraging states to insti- cated into a fund to build a greater quantity tute charter schools. Options would then open up for disadvantaged students. Because TRIBUTE TO RICHARD C. COLLINS of more secure prisons. AND THE U.S. ARMED FORCES CONGRESSMAN SANDERS: That is an excel- charter schools are still technically public lent presentation. schools, any student could go to the school of their choice. Students, like adults, need HON. JERRY LEWIS options; no school fits all students, just like STATEMENT BY ALIA STAVRAND WOOLF OF CALIFORNIA no company is right for all workers. REGARDING CHARTER SCHOOLS In our free-market society, students need IN THE HOUSE OF REPRESENTATIVES ALIA STAVRAND WOOLF: For the record, my the best grade school education they can get, Tuesday, August 4, 1998 name is Alia Stavrand Woolf. I am a ninth because they will have to compete for good grader at the Gailer School. colleges and jobs. I do not understand why Mr. LEWIS. of California. Mr. Speaker, I rise All right. I used to go to the Shelburne our system of public schools is set up like a today to honor the accomplishments of the Community School, and it wasn’t working protectorate. It seems like more effort goes United States Armed Forces, including Rich- for me. Classes had no depth, and math was into maintaining the status quo than offer- ard C. Collins, a World War II veteran of the going agonizingly slowly. The only school ing kids like me an excellent education. United States Navy who resides in my con- work I enjoyed was my independent study. Students deserve the opportunity to attend gressional district in Yucca Valley, California. Students generally weren’t allowed to broad- charter schools that are innovative and vi- en their studies. So students who already sionary. I see charter schools as an espe- Mr. Collins served this nation honorably from ‘‘got it’’ were asked to help the other stu- cially exciting opportunity for all students October 1941 until the end of the war in 1945. dents in the class learn the material. who are not average to have their talents ap- While stationed at the Great Highway Loop Well, this sounds great in principle, and preciated and their interests encouraged. I Station near Golden Gate Park in San Fran- does work up to a point. But after a while, it love learning, and I learn best when I love cisco, he was a sonar man who helped ensure got to me. Think about what it would be like my school. the safety of this Nation during the Pacific if all day, every day, you had to watch Jeop- Congressman SANDERS: Thank you very Campaign of World War II. ardy reruns and you couldn’t turn the TV off much for an excellent presentation. because, during the commercials, you were The work of Mr. Collins and the entire f expected to explain the answers to your Armed Services during the War was admira- nextdoor neighbor. A DEMOCRATIC TAIWAN WILL ble. It is my understanding that, while sta- I became a difficult student because I felt CONTINUE TO FLOURISH tioned in San Francisco, Mr. Collins was one like I was wasting my time in school and not of the men connected with breaking the Japa- learning nearly as much as I could. By the nese intelligence code for the second time end of fifth grade, my parents and I were HON. ROBERT SMITH which enabled the Navy to interpret Japanese pretty tired of trying to work within the sys- OF OREGON messages for the remainder of the War. This tem. When we moved to Charlotte that year, IN THE HOUSE OF REPRESENTATIVES was a historically significant event as it helped we decided it was time to look at what edu- Tuesday, August 4, 1998 cational options were open. We asked the put America on the course toward victory in Charlotte public school if I could skip a Mr. SMITH of Oregon. Mr. Speaker, during the Pacific. Breaking the Japanese code grade so I could be more challenged in President Clinton's visit to China, President helped shorten the War, thus saving thou- school. They said no. We considered home Clinton mentioned that the United States sands of American and Japanese lives. The schooling, but both my parents work. would not support Taiwan independence, the efforts of the Navy and other services truly After a lot of looking, we found a private ``two Chinas'' or ``one China, one Taiwan'' were heroic and all Americans are in their school in Middlebury called the Gailer debt. School. It integrates different disciplines concepts and ROC's membership in organiza- and incorporates independent study and tions that require statehood. Being a citizen of the United States is a community service. We met with the head- Congress's reaction to Clinton's statement privilege that no one should take for granted. master, and he actually talked with me, not has been strong. The United States Senate We all owe a great deal of gratitude and re- to me, about what I wanted to learn. But pri- passed a resolution 92±0 on July 10, reaffirm- spect to the men and women of the Armed vate school tuition was not in the budget. I ing United States commitment to Taiwan in Forces who risk their lives every day to uphold would have to start doing a lot more chores accordance with the Taiwan Relations Act. A the democratic principles of the United States around the house, like all of the laundry, similar resolution passed the House by a 390± and make this Nation safe. Without the service vacuuming, lawn mowing, taking care of my 1 vote on July 21. On the same day, Taiwan of men like Richard Collins and our other brother, a lot of work, so my mom could work more hours. I would also have to get on Foreign Minister Jason Hu thanked the United brave soldiers, America would not be the land the bus at 7:00 a.m. to ride to Middlebury and States lawmakers for their friendship and sup- of the free and we would not have the liberty wouldn’t get home until 5:00 at night. This port. that so many people around the world long was no easy decision for my parents or for In Washington, in a press interview prior to for. Mr. Speaker, I ask that you join me in me. Clinton's Shanghai statement on the three honoring Richard Collins and the entire Armed August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1531 Forces for their admirable service in protecting BUILDING FOUNDATIONS OF DE- PERSONAL EXPLANATION this great Nation. MOCRACY ON THE DOORSTEP OF THE CAPITOL HON. ALBERT RUSSELL WYNN f OF MARYLAND HON. LOIS CAPPS IN THE HOUSE OF REPRESENTATIVES KINGDOM OF SAUDI ARABIA MUST Tuesday, August 4, 1998 SETTLE CLAIM OF HILL INTER- OF CALIFORNIA Mr. WYNN. Mr. Speaker, on July 31, 1998, NATIONAL, INC. IN THE HOUSE OF REPRESENTATIVES I missed rollcall votes 367 through 376 on 10 Tuesday, August 4, 1998 amendments to the Shays-Meehan Substitute HON. DUNCAN HUNTER Mrs. CAPPS. Mr. Speaker, interest in the to H.R. 2183, the Bipartisan Campaign Integ- idea of a Visitor Center at the U.S. Capitol has rity Act, because I attended the funeral serv- OF CALIFORNIA increased dramatically as a result of the re- ices of the slain Capitol Hill Police Officer IN THE HOUSE OF REPRESENTATIVES cent tragedy there. The revival of this interest Jacob J. Chestnut. Had I been present I would has been linked closely to the need to improve have voted ``no'' on rollcall votes 367, 368, Tuesday, August 4, 1998 security and manage the large numbers of 370, 373, 374, 375, 376 and ``aye'' on votes guests who arrive every day at this shrine of 369, 371, 372. Mr. HUNTER. Mr. Speaker, I rise today to f show my respect for the claim filed by Hill American democracy. International, Inc. against the Kingdom of Prior to the recent shooting incident I con- IN MEMORY OF STEPHEN ABNER Saudi Arabia. Hill International is a New Jer- tacted Congressman JOHN MICA and told him WEISMAN sey-based company located in the district of I would like to sponsor his bill to build a Visitor my friend and colleague, Representative JIM Center at the Capitol. My motivation was not HON. JOHN EDWARD PORTER SAXON, and is one of nearly two dozen com- security or visitor management, although these OF ILLINOIS panies who filed claims against the Saudi gov- desirable purposes were compatible and com- IN THE HOUSE OF REPRESENTATIVES ernment for tens of millions of dollars in un- plementary to my own interest. My interest Tuesday, August 4, 1998 compensated engineering work conducted in was to pursue an idea that originated with my late husband, Congressman Walter Capps, to Mr. PORTER. Mr. Speaker, when Stephen the late 1970's. establish an exhibit and education center to Weisman passed away this week, America After years of trying to settle these claims, explain, demonstrate, and involve visitors in lost more than a noted physician. We lost a Congress was forced to set up a claims reso- gaining a better understanding of the ``founda- man of ingenuity and foresight who dedicated lution process in 1993. Since then, the King- tions of democracy.'' his life to the needs of his country and his dom has settled each claim save oneÐthe During his short tenure in Congress, Walter community. At the time of his death, Stephen $55.1 million debt owed to Hill International. became very interested in the fact that thou- was also a loyal resident of Northbrook in my congressional district, and I am very proud to During the House consideration of the FY98 sands of visitors from across the nation and all over the world flood the halls of the Capitol have represented a physician of his caliber. Defense Authorization Bill, I supported direc- Stephen first dedicated a significant portion every day. These visitors are thrilled to pay tive report language offered by Representative of his life to the United States Navy. His enlist- homage to this shrine to the first successful SAXON to commission a formal report on the ment in August of 1964 was the springboard experiment in a representative democratic status of remaining claims against the King- from which he rose through the ranks of the government. Walter was struck by the fact that dom of Saudi Arabia. Similar language was by Navy, eventually reaching the position of Lt. a visitor to the Capitol had very limited oppor- included by Representative CHRIS SMITH in the Commander in just two years. His lifelong tunities to learn about how our democracy State Department Reauthorization Bill that dedication to medicine was apparent even at works beyond how a bill becomes a law and passed the House and Senate earlier this this time, as he fulfilled his duties as the Great what has made our own experiment so suc- year. These efforts are intended to illustrate Lakes Naval Hospital Medical Corp with great cessful. He was also impressed that there the lengths to which the Saudi Ambassador to pride and vigor. were very few other opportunities in Washing- the United States, Prince Bander, has been After his stint in the armed forces, Stephen ton, a city full of wonderful museums and ex- narrowed his focus in medicine and became willing to go to deny an American company hibits on art, culture, technology, and history. payment for services rendered. Board certified in both the fields of Internal Walter and I shared a vision for a new edu- Medicine and Nephrology. He accepted a po- I am also interested in seeing this matter re- cational center in Washington that would pro- sition at Highland Park Hospital and began a solved in memory of the late Representative vide an interactive and multimedia exposure to career that would touch the lives of countless Bill Emerson, a dear friend of mine and some- the essential foundations of our American de- patients in need of his expert care. By estab- one who worked diligently on the Hill Inter- mocracy. These foundations are, in fact, es- lishing himself as one of the most motivated national claim prior to his passing. Bill Emer- sential to any successful democratic society and brightest in his field, Stephen's superiors son successfully negotiated a claim against and perhaps taken for granted in our own promoted him to Chief of the Dialysis Unit. His the Kingdom in his home district and gra- country. What are these ``foundations''? I am peers at the hospital have already noted and ciously offered to broker a similar compromise describing, among other elements, representa- honored his many great deeds at Highland on the Hill International matter. Despite six tive assemblies, individual freedoms, a free Park Hospital. months of hard work by Representative Emer- market economy, strong labor unions, vigor- Still, it seems the most incredible challenge son and repeated assurances from Prince ous political parties, a decentralized govern- in Stephen's life was yet to come. Ten years Bandar that Bill's good faith efforts would be ment with effective state and local units, and ago, Stephen was diagnosed with cancer, a honored, the Saudi's have yet to pay Hill Inter- independent institutions such as academia, disease that he so often had seen and diag- nationalÐfull three years after Representative the judiciary, and the media. nosed in his own patients. Instead of crum- Emerson produced a fair settlement figure. As one crosses the spacious Eastern Plaza bling in the face of a life-threatening illness, in the shadow of the U.S. Capitol in the middle In that time, Congresswoman JO ANN EMER- Stephen rose to the challenge again and of any day of the year, the dramatic white SON has tried to help Hill International imple- helped found the Cancer Wellness Center at ment her husband's compromise, yet repeated marble edifice looms over a cacophony of Highland Park Hospital. He further decided to voices from all over the world, and every cor- requests for a face-to-face meeting with Prince continue practicing medicine even in his weak- ner of our nation. Exotic clothing from other Bandar have gone unheeded. ened state. After ten years of fighting cancer, lands blends easily with groups sporting the he finally had to cease treatment of his pa- No matter how large or small the debt, this ubiquitous blue jackets of the Future Farmers. tients just one month ago when his cancer behavior cannot be tolerated from one of our I would love to see Walter's dream become a had become severe enough to put him in the allies. Until Ambassador Bandar decides to reality, so that these visitors to ``the front door hospital. play a leadership role in this matter and until of democracy,'' the defense of which cost offi- Mr. Speaker, Stephen Weisman set stand- the Hill International claim is settled, my cers Chestnut and Gibson their lives, could re- ards for all physicians to admire and a legacy House and Senate colleagues will continue to turn home with a better understanding and ap- of work that will long endure. I know that I take to the floor and highlight the Kingdom's preciation for the fundamental Foundations of speak for many when I say that we will miss failure to honor its debts. that Democracy. him. E1532 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 PERSONAL EXPLANATION This legislation would allow certain farmers Josh Weber, Amanda Tacquard, and Allison who have been hit hard by disastrous weather Sauer. Again, I want to commend these young HON. SOLOMON P. ORTIZ and crop disease to receive their 1999 Free- people for their achievements. OF TEXAS dom to Farm market transition payments on f IN THE HOUSE OF REPRESENTATIVES October 1, 1998. It is important, however, that we not fool ourselves into thinking that this is Tuesday, August 4, 1998 a cure-all. WOMEN’S PROGRESS Mr. ORTIZ. Mr. Speaker, because of a While the farm economy desperately needs COMMEMORATION ACT death in my family, I was absent for roll call this money, all this bill really does is permit votes 377, 378, and 379. If I had been present needy farmers to receive the payments they for these votes, I would have voted ``yes'' on would normally use to pay for their Spring HON. LOUISE McINTOSH SLAUGHTER all three. planting early. The real question is, what hap- OF NEW YORK f pens next Spring? While this bill is a first-step to help the de- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF RAY SHIPP pressed agriculture industry, this bill does not Tuesday, August 4, 1998 address the basic discrimination built into the HON. LORETTA SANCHEZ 1996 Farm Bill. Instead it just postpones the Ms. SLAUGHTER. Mr. Speaker, I rise to an- OF CALIFORNIA inevitable. Unlike producers of most other nounce the introduction of the Women's IN THE HOUSE OF REPRESENTATIVES commodities, dairy farmers did not receive Progress Commemoration Act, an important Tuesday, August 4, 1998 seven-year transition payments. Like those bill to help our nation preserve the rich herit- other commodities, dairy is being asked to re- age of the women's movement. Ms. SANCHEZ. Mr. Speaker, today I rise to form its outdated system and compete on the Last month, this country marked the 150th honor Mr. Ray Shipp, Americanism Chairman world market without the benefit of these pay- for the Garden Grove Elks Lodge in Garden anniversary of the first Women's Rights Con- ments. vention in Seneca Falls, New York. Thou- Grove, California. Dairy prices are very volatile and the indus- Mr. Shipp grew up in Corpus Christi, Texas. sands of Americans traveled to Seneca Falls try is undergoing tremendous structural to participate in this celebration. We were hon- In 1950 he enlisted in the Marine Corps Re- change. Unfortunately, while I am happy to serves. After his discharge in 1952, Mr. Shipp ored to have First Lady Hillary Rodham Clin- help hard-pressed farmers of other regions, I ton help us inaugurate this anniversary, as began working for the Long Beach Naval am very disappointed that this Congress is in- Shipyard where he worked in defense contract well as having high-ranking women in govern- capable of helping the American dairy farmer. ment like Secretary of State Madeleine administrative services for 39 years. This bill is yet another instance which points Mr. Shipp has lived in Garden Grove for 42 Albright and Secretary of Health and Human out the inequity of this country's agriculture Services Donna Shalala participate in other years. As a member of the Garden Grove Elks policy. Lodge, he is responsible for many projects in- aspects of the celebration. It is now our duty Mr. Speaker, when considering farm emer- to ensure that the legacy of this event is not cluding his role as publicity chairman for the gency assistance, this Congress must not for- Lodge. In addition to his public relations du- simply a week of activities, but a lifetime of get the plight of the American dairy farmer. education, preservation, and restoration. ties, Mr. Shipp devotes much of his time to f youth oriented activities, such as Pop Warner Mr. Speaker, for too long, sites central to football and Little League. HONORING 4–H PROGRAMS AND the history of the women's rights movement in As the current Americanism Chairman for GOLD STAR RECIPIENTS our nation have been neglected. Important the Garden Grove Elks Lodge, Mr. Shipp is re- sites like the Susan B. Anthony House in sponsible for the following programs: National HON. RON PAUL Rochester, the Elizabeth Cady Stanton House Patriotism Week, displaying the American Flag OF TEXAS in Seneca Falls, or the M'Clintock House in 24 hours a day, Flag Day Ceremonies, Herit- IN THE HOUSE OF REPRESENTATIVES nearby Waterloo were neglected for years and age Corner display at City Hall, Police and are in need of restoration. Our nation is in Tuesday, August 4, 1998 Firefighters Night, Sixth Grade Flag Essay danger of losing an irreplaceable chapter in Contest, Lodge Americanism Brochure Com- Mr. PAUL. Mr. Speaker, the Brazoria Coun- our history if these sites are not identified and petition, and the Flag Retirement Program. ty 4±H will hold an awards program on the preserved. This year the Garden Grove Elks Lodge won 14th of August and this is a very important I am therefore pleased to introduce the first place in the National Lodge Americanism event Mr. Speaker. For those of us who were Women's Progress Commemoration Act. This Brochure Competition! raised on farms and who represent agricultural legislation will establish a 15-person commis- Over the years, Mr. Shipp has devoted communities it is well known how important an sion to review sites of historical significance to many years of hard work and has shown his organization 4±H truly is. the women's movement. The commission is loyalty to the United States of America, first as Head, Hand, Hearts and Health, these are directed to identify sites important to the wom- an employee of the federal government, and the ``4±H's'' and they are truly indicative of en's rights movement and make recommenda- currently, as a volunteer for the Elks Lodge, what this organization is all about. One of the tions for their preservation. Within one year of promoting Americanism and upholding the primary missions that this organization under- its formation, the commission will provide the symbol of American freedom, the American takes is agricultural education. Earlier this year Secretary of Interior with a list of sites deserv- Flag. I introduced a bill which would exempt the ing recognition and in need of preservation. It I ask you all to join me today to salute Ray sale of livestock by those involved in edu- will also recommend actions to rehabilitate the Shipp who has set an excellent example, cational activities such as FFA and 4±H from sites to protect for future generations the his- through his deeds and actions, of what it federal income taxation. By making young torical legacy of the movement. means to be a true American. men and women who participate in these ac- I am proud to have Representatives CARO- f tivities hire a group of tax accountants and at- torneys we are sending the wrong message. LYN MALONEY (D±NY) and LYNN WOOLSEY (D± EMERGENCY FARM FINANCIAL Young people who sell livestock at county CA) as original cosponsors of this legislation. RELIEF ACT fairs and the like should be rewarded for tak- Senators CHRISTOPHER DODD (D±CT) and TED ing self initiative and allowed to keep the STEVENS (R±AK) have introduced a compan- SPEECH OF money they've earned to help pay for their ion bill with 18 bipartisan cosponsors. HON. RON KIND education or to re-invest in other animals to As Susan B. Anthony herself noted, ``Men OF WISCONSIN raise. My bill would eliminate the current policy have been faithful in noting every heroic act of IN THE HOUSE OF REPRESENTATIVES of forcing these youngsters to visit the tax their half of the race, and now it should be the man. Mr. Speaker, I want to commend the fol- duty, as well as the pleasure, of women to Monday, August 3, 1998 lowing winners of the Gold Star, the highest make for future generations a record of the Mr. KIND. Mr. Speaker, today I rise in sup- award possible at the county level, for heroic deeds of the other half.'' I hope my col- port of S. 2344, the Emergency Farm Finan- achievements in competition at state levels, leagues will join me in supporting this effort to cial Relief Act. But I do so with a word of cau- leadership ability, community service and preserve the history of the women's rights tion. years of service. They are: Deidrea Harris, movement. August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1533 TRIBUTE TO DISTRICT RANGER morial service the year after their loved ones Singh Dhillon, who worked with human- CHUCK JONES perished on a tragic C±130 crash in the Gros rights activist Jaswant Singh Khalra on his Vente Wilderness. report exposing the mass cremations of HON. BARBARA CUBIN Mr. Speaker, it is a great honor for me to Sikhs by the Punjab police. Earlier the po- lice abducted Rajiv Singh Randhawa, a key OF WYOMING present these credentials of Chuck Jones be- eyewitness to the kidnapping of Khalra. Dr. IN THE HOUSE OF REPRESENTATIVES fore the House today. It is clear through his stated, and unstated, accomplishments that he Gurmit Singh Aulakh, the President of the Tuesday, August 4, 1998 has dedicated himself to furthering the bene- Council of Khalistan, informed us that these Mrs. CUBIN. Mr. Speaker, I rise today to fits we enjoy from our public lands. All of his individuals may be in danger of being mur- ask my colleagues to join me in paying tribute actions reflect a true leader with a sense of dered and listed as ‘‘disappeared’’ like tens of to a dedicated member of the U.S. Forest purpose, commitment, and conscience. thousands before him, as Mr. Khalra docu- Service as he concludes 32 years of service As Chuck departs from public service I ask mented. to his country. We are proud to have had this my colleagues to join with me in delivering an Jaspal Singh Dhillon was picked up on a man serve as District Ranger in Jackson, Wy- appreciative tribute from a grateful nation, and false charge that he was involved in a con- oming Ranger District for the past 10 years. best wishes to he and Carol for a productive spiracy to blow up the Burail jail to free and Mr. Charles G. Jones deserves this honor. and rewarding retirement. alleged ‘‘militant.’’ His vehicle was also We owe our gratitude for his contributions to f seized. We are afraid that the police will the wise and sustainable use of our national plant false evidence in the vehicle. Jaspal CONGRESS CALLS FOR RELEASE Singh Dhillon has testified before the United forests and water resources. OF HUMAN-RIGHTS ACTIVISTS Chuck Jones' personal and professional ca- Nations about the human-rights violations in Punjab. He has even been to the White reer accomplishments are as diverse as they House. Mr. Dhillon was picked up five years are noteworthy. His loyal service and sac- HON. EDOLPHUS TOWNS OF NEW YORK ago and severely tortured. It is only because rifices for over three decades, working in the IN THE HOUSE OF REPRESENTATIVES you and other Western leaders intervened small communities of the Rocky Mountain Tuesday, August 4, 1998 that Mr. Dhillon was released at that time. west, are a testament to all who use and ap- Mr. Randhawa was picked up on July 15 preciate our public lands. I would like to take Mr. TOWNS: Mr. Speaker, on July 31, sev- eral of my colleagues and I sent a letter to from his home in Amritsar by plainclothes a moment to reflect on Chuck's career as he police who held a gun to his head, tied him makes the transition to life beyond govern- President Clinton asking him to get involved in trying to free some human-rights defenders in up with his own turban, and took him away ment service. along with a friend of his. The police offi- Upon graduation from Michigan Techno- India. Those of us who signed the letter thank cials who kidnapped and murdered Khalra logical University in 1964, with a degree in for- the Washington Times for its excellent cov- are due for a hearing on July 28. Clearly, the estry, Chuck moved west and began work as erage of it in the August 4 issue. Randhawa kidnapping is an attempt to re- Jaspal Singh Dhillon helped Jaswant Singh a timber forester with the Northern Pacific rail- move the one witness who can do the most Khalra put together his report on mass crema- road and Seeley Lake, Montana. Two years damage to them. tions in Punjab. He came to the United States later, and then married to the former Carolyne in 1993 and visited the White House. The In- In addition to these cases, a police witness, McCollum, he embarked on public service dian government arrested him in 1993 but was Kuldip Singh has had to turn to the Central Reserve Police Force for protection because work as a forester with the Kaniksu National forced by international pressure to release he is afraid that the Punjab police will try to Forest in Newport, Washington. him. Now he has again been arrested on Following a transfer to Noxon, Montana, and eliminate him. Kuldip Singh said that he was trumped-up charges. Not only that, but his at- serving as a forestry specialist, he moved in getting water for Jaswant Singh Khalra in torney, Daljit Singh Rajput, has been arrested the Chhabra police station when he heard a 1971 to the Red Ives Ranger District in Saint in the same case. It is virtually certain that Maries, Idaho, as a timber management offi- shot. He ran back and Khalra was bleeding. they are being tortured. He had stopped breathing and he was dead. cer. Helping further our nation's dependence Rajiv Singh Randhawa was kidnapped on wood products from the national forests, he As you know Jaswant Singh Khalra was kid- along with a friend of his in broad daylight. He napped in 1995 after he exposed India’s policy spent the next several years in Troy, Montana, was picked up because he saw the kidnapping of mass cremations of Sikhs. and Mountain Home, Idaho, on the Boise Na- of Mr. Khalra and had identified the police offi- tional Forests respectively. In a democracy, human-rights activists cers who were involved. This is what happens like Jaspal Singh Dhillon and witnesses like In 1982 Chuck was appointed as the District to you were you cross the police in democratic Ranger in Cascade, Idaho. Following five Kuldip Singh and Rajiv Singh Randhawa India. should not have to live in fear of the police. years of success in that position the Forest Kuldip Singh is a former low-level police We call on you to intervene with the govern- Service assigned Chuck as the District Ranger employee who heard the murder of Mr. ment of India to ensure the release of Mr. in Pinedale, Wyoming, a state where we ap- Khalra. He reported the gruesome details to Dhillon and Mr. Randhawa immediately and preciate his brand of leadership and his abun- the press. He was getting some water for Mr. call on them to begin an immediate prosecu- dant talents. Quickly adapting to the unique Khalra when he heard a shot and ran back. tion of those who abducted them. We strong- life-style of rural Wyoming, he then became Khalra was bleeding and had stopped breath- ly urge you to protect these innocent Sikhs the ranger in Jackson where he has served ing. He, too, has to be protected from the po- and to work with the Indian government to with distinction for the past 10 years. lice. make sure that those responsible for the Chuck's last tour of duty has been as re- Human-rights worked like Jaspal Singh crimes against these Sikhs are punished. markable for its challenges as it has been for Dhillon and witnesses like Kuldip Singh should Sincerely, his ability to find solutions that mirror public in- not live in fear of the police. The United States Edolphus Towns, M.C.; Dan Burton, M.C.; terests. The Jackson Ranger District, located must take the strongest possible action to Dana Rohrabacher, M.C.; Richard in close proximity to the Tetons and well bring about the prompt release of these inno- Pombo, M.C.; Frank R. Wolf, M.C.; Jack Metcalf, M.C.; Bill Redmond, known national parks, offers the most complex cent Sikhs and to see to it that the Indian gov- ernment prosecutes and punishes those re- M.C.; Wm. J. Jefferson, M.C.; Sheila combination of multiple uses of the land and Jackson-Lee, M.C.; Peter T. King, M.C.; heavy public visitation of any district adminis- sponsible for these atrocities. I am inserting the Congressional letter and Donald M. Payne, M.C.; Roscoe Bart- tered by the Forest Service. A well known and lett, M.C.; Lincoln Diaz-Balart, M.C.; highly regarded member of the Jackson Hole the Washington Times article into the RECORD. John T. Doolittle, M.C.; Jerry Solo- community, Chuck's fairness and problem I urge my colleagues to read them carefully. mon, M.C.; Cynthia McKinney, M.C.; solving will be hard to replace. HOUSE OF REPRESENTATIVES, Barbara Kennedy, M.C.; Gregory Whether dealing with the catastrophic fires Washington, DC, July 31, 1998. Meeks, M.C.; Bernard Sanders, M.C.; of 1988, coordinating with world class ski Subject: Arrest and fear of disappearance Wally Herger, M.C.; Dale E. Kildee, and torture of human-rights activist areas, managing heavy public use in the M.C.; Esteban E. Torres, M.C.; J.C. Jaspal Singh Dhillon and others. Watts, Jr. M.C.; Merrill Cook, M.C.; Snake River canyon, or hosting Presidential Hon. Bill Clinton, ‘‘Duke’’ Cunningham, M.C.; Duncan visits, Chuck always demonstrates the highest President of the United States, The White Hunter, M.C.; Ileana Ros-Lehtinen, ideals of public service. I am especially proud House, Washington, DC. M.C.; Phil Crane, M.C.; Bill Paxon, to mention his initiative and compassion in DEAR MR. PRESIDENT: We are very dis- M.C.; Ron Lewis, M.C.; Sandford D. bringing the nine families together for a me- turbed by the July 23 abduction of Jaspal Bishop, Jr., M.C.; Ron Packard, M.C. E1534 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 [From The Washington Times, Aug. 4, 1998] TRIBUTE TO HARRIET PHILIP, will leave a single lawyer to serve every HOUSE MEMBERS OF BOTH PARTIES ASK WHO WILL BE CELEBRATING 23,600 poor Americans. Over 700,000 people CLINTON’S HELP IN FREEING FOUR SIKHS HER 105TH BIRTHDAY ON AU- in need of legal services will have to be turned (By Tom Carter) GUST 5, 1998 away. We cannotÐwe must notÐallow this to hap- A bipartisan group of 33 legislators has pen. I urge my colleagues to vote for this written to President Clinton urging him to HON. NYDIA M. VELAZQUEZ get involved in protecting four Sikh human OF NEW YORK amendment. It's the decent thing to do. f rights activists arrested in India last month. IN THE HOUSE OF REPRESENTATIVES ‘‘There is reason for concern that their de- Tuesday, August 4, 1998 RABBI AND MRS. MERVIN B. tention is without merit and that they are at risk of torture while in detention,’’ wrote Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise, to TOMSKY TO CELEBRATE THEIR Rep. Constance A. Morella, Maryland Repub- pay tribute to a kind and able woman, Harriet 50TH WEDDING ANNIVERSARY lican, in a letter dated July 30. Philip. Harrie, as she is known by her friends, ‘‘I hope that your administration will urge was born on the Caribbean island of Trinidad HON. HOWARD L. BERMAN Indian authorities to undertake an independ- on August 5, 1893. Later in life, she immi- OF CALIFORNIA ent investigation of these cases, urging them grated to the United States and settled in IN THE HOUSE OF REPRESENTATIVES to review these arrests and to act to protect the physical integrity of those detained,’’ Brooklyn where she is surrounded by friends Tuesday, August 4, 1998 she wrote. and family members who love her sense of humor and her particular attitude about her Mr. BERMAN. Mr. Speaker, I rise today to In a separate letter, sponsored by Edolphus pay tribute to my friend, Rabbi Mervin B. Towns, New York Democrat, 32 members of needs and wants. Congress urged Mr. Clinton to involve the Harrie, an expert artist, crochets, knits, and Tomsky, and his wife, Helen, who are cele- government of the United States in securing designs exquisite articles for her loved ones brating their 50th wedding anniversary on Au- these men’s release. without the use of patterns. She also loves to gust 22, 1998. Though they are longtime resi- ‘‘In a democracy, human rights activists talk with her friends and family who admire dents of California, the story of the Tomsky's .. . should not have to live in fear of the po- her charming personality. Harrie's uplifting marriage actually begins in Minnesota. Mervin lice. We call on you to intervene with the spirit and longevity have been an inspiration to and Helen knew each other in Minnesota as government of India,’’ said the letter dated all those around her. children, attended the University of Minnesota July 31. Harrie, a follower of the Bahai religion, has together, and got married in Minnesota. A few Others who added their names to the letter raised three sons and one daughter. These years later the couple moved to New York, included Republicans Dan Burton of Indiana, children have blessed her with two beautiful where Mervin attended the Jewish Theological Frank R. Wolf of Virginia, Peter T. King of Seminary of America. He was ordained as a New York, Philip M. Crane of Illinois and grandchildren. Ileana Ros-Lehtinen of Florida. Democrats It is with great pleasure and personal regard rabbi in 1956. who signed the letter included Reps. Esteban that I ask my fellow colleagues to rise to pay Fifteen years later the Tomskys moved to E. Torres of California, Cynthia A. McKinney tribute to Mrs. Harriet Philip on her 105th birth- Southern California, where they have lived of Georgia and Barbara B. Kennelly of Con- day, with wishes of many more to come. ever since. I met Rabbi Tomsky after he be- necticut. f came rabbi at Temple Emanu El in Burbank, The Council of Khalistan, which advocates California, and had the pleasure of speaking independence for Sikhs in Punjab, faxes cop- DEPARTMENTS OF COMMERCE, to his congregation on a couple of occasions. ies of the congressional appeals to news or- JUSTICE, AND STATE, AND JUDI- Today he holds the title of Rabbi Emeritus at ganizations over the weekend. CIARY, AND RELATED AGENCIES Temple Emanu El, and he is the recipient of The four human rights activists were ar- APPROPRIATIONS ACT, 1999 an honorary Doctor of Divinity Law from Jew- rested last month in Punjab on what Mr. ish Theological Seminary. Towns described as ‘‘false charges.’’ SPEECH OF Both Rabbi Tomsky and Helen are ex- Jaspal Singh Dhillon, Rajinder Singh Neeta, Kulbir Kaur Dhami and Daljit Singh HON. WILLIAM D. DELAHUNT tremely active people, which may well be one Rajput were arrested for what Indian au- OF MASSACHUSETTS of the reasons for their successful marriage. thorities claimed was their involvement in IN THE HOUSE OF REPRESENTATIVES Helen was a public school teacher for many an plan to help free ‘‘militants’’ by blowing years and has been heavily involved in literacy up a jail. Monday, August 3, 1998 programs. Rabbi Tomsky is on the Board of A State Department official, asked to com- The House in Committee of the Whole Directors for the University of Judaism, where ment on the matter, said the U.S. Embassy House on the State of the Union had under his duties include interviewing candidates who in India was aware of Mr. Dhillon’s case. consideration the bill (H.R. 4276) making ap- wish to convert to Judaism. ‘‘They have made informal contact with propriations for the Departments of Com- For 22 years, the Tomskys have been ac- the Indian authorities and they are monitor- merce, Justice, and State, the Judiciary, and tive in Jewish Marriage Encounter, which ing it,’’ the official said. related agencies for the fiscal year ending stresses ways to enhance the marital bonds. The Indian government yesterday had no September 30, 1999, and for other purposes: It hardly needs to be said that the Tomskys comment on the specifics of the case. Mr. DELAHUNT. Mr. Chairman, I rise in are an ideal role model for younger couples ‘‘The police wouldn’t have acted just like strong support of the amendment, which who participate in the program. that. They will have done their work. There would restore funding for the Legal Services is rule of law in Punjab,’’ said Amar Sinha, I ask my colleagues to join me in saluting press spokesman of the Indian Embassy. Corporation to current levels. Rabbi Mervin and Helen Tomsky on the occa- The Legal Services Corporation is a lifeline On July 24, Amnesty International issued sion of their 50th wedding anniversary. I join an ‘‘urgent action’’ on the four men. for thousands of people with no other means their children, David, Sharon and Judith, and According to the Amnesty release, Mr. of access to the legal system. Last year, LSC grandchildren, Andrew and Daria, in wishing Dhillon worked with Jaswant Singh Khalra, resolved 1.5 million civil cases, benefiting over them all the best in the years to come. a well-known human rights activist who four million indigent citizens from every county f ‘‘disappeared’’ in September 1995 after his ar- in America. rest after exposing the mass cremations of Who are these people? Over two-thirds are COMMEMORATING THE 175TH ANNI- unidentified Sikhs. women, and most are mothers with children. VERSARY OF THE DELAWARE Nine police officials have been charged, but Women seeking protection against abusive AND HUDSON not prosecuted, in the arrest and ‘‘disappear- spouses. Children living in poverty and ne- ance.’’ glect. Elderly people threatened by eviction or HON. GERALD B.H. SOLOMON ‘‘There is a fear that [Mr. Dhillon] may victimized by consumer fraud. Veterans de- OF NEW YORK disappear too,’’ said Jurjit Chima of Am- nied benefits, and small farmers facing fore- nesty International yesterday. IN THE HOUSE OF REPRESENTATIVES closure. Gurmit Singh Aulakh, director of the Tuesday, August 4, 1998 Council of Khalistan, which advocates inde- These are the people who will be hurt if this pendence of Sikhs in Punjab, said the men amendment is not adopted today. If LSC is Mr. SOLOMON. Mr. Speaker, the Delaware were arrested to prevent them from testify- forced to absorb the huge cuts made in com- and Hudson, headquartered in Clifton Park, ing at a ‘‘People’s Commission’’ human mittee, half of the 1,100 neighborhood legal New York, is the oldest continuously operated rights forum to be held Aug. 8 through 10. services offices will have to be closed. This transportation company in North America. The August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1535 D&H has had many memorable events in its line during this period included King George VI pilot, to today's elite force ready to deploy on proud 175-year history; and Queen Elizabeth and Winston Churchill. a moment's notice in support of our Unified The New York State Legislature authorized In 1953 the last stream locomotive ran on the Commanders-in-Chief; from 18th Century her- the Delaware and Hudson Canal Company to D&H line ending 134 years of steam oper- oine Ida Lewis, who saved countless lives dur- operate on April 23rd, 1823. By 1828 the D&H ations that had begun with the historic test run ing nearly 50 years of keeping the lamp lit at completed construction of a 108 mile canal. of the Stourbridge Lion in 1829. Lime Rock lighthouse, to what is unquestion- The D&H soon developed a revolutionary Passenger service, which suffered great de- ably the world's premier maritime life-saving gravity railroad. In 1830, that 16-mile gravity clines after the War, resulted eventually in the and life-protecting service; from Hell Roarin' railroad constituted two-thirds of America's 23 creation of AMTRAK to replace the passenger Mike Healy who patrolled Territorial Alaskan miles of rail track. On August 8, 1829 the D&H operations run by the freight railroads. On May waters as Captain of the legendary Coast performed a test run of the first steam loco- 1, 1971, the D&H made it last passenger run Guard Cutter Bear, stopping fur seal poachers motive to operate in America. from New York to Montreal. In the early 1970s and breaking arctic ice in order to survey un- In 1840 the D&H became the first transpor- six of the seven freight railroads in the north- chartered waters, to cutters and aircraft pio- tation company traded on the New York Stock east were in bankruptcy. Only the D&H was neering the fight against water pollution and Exchange. In 1867 the New York State Legis- not. Its commitment to efficiency allowed it to engaged in protecting the vital living marine lature authorized the D&H to acquire and op- operate at a modest profit while all others resources within our country's 200-mile Exclu- erate railroads in New York State. In 1870 the failed. When Congress created Conrail from sive Economic Zone, acts of heroism, courage D&H extended the scope of its rail operation the ashes of the six bankrupt railroads, the and commitment symbolize what the U.S. to the Port of Albany. By 1875 it had con- D&H system was reconstituted in a manner Coast Guard is all aboutÐand what the brave structed a rail line to Canada along with west that was ostensibly to provide competition to young men and women of this armed service side of Lake Champlain. Conrail. However, the failure of Congress to mean to our freedom and security. As railroads expanded, the importance of provide access to key points in the northeast This essential government agency, which canals diminished and in 1898 the D&H doomed the D&H to a non-competitive status has ably served the American people in war moved its last load of coal by canal. A year that it could not sustain in the absence of a as well as peacetime, will observe its 208th later the New York State Legislature changed partnership with a railroad that could provide birthday on August 4, 1998. The Coast D&H's charter deleting ``Canal,'' signifying the overhead traffic. Guard's motto rings just as true today as it did end of a remarkable period in American trans- In 1991, the D&H was purchased by Cana- in 1790, SEMPER PARATUS, ALWAYS portation history. In the early years of the dian Pacific Railway. Its infrastructure was up- READY! 1900s the D&H expanded its presence in New graded and it continues to exist as a separate Let us all share in the pride and satisfaction York through the operation of steamship lines New York corporationÐuninterrupted for 175 enjoyed by its dedicated members on this im- on Lake George and Lake Champlain, through years. portant occasion. expanded rail passenger service, and through f f the purchase of two luxury hotels; the Ft. Wil- UNITED STATES COAST GUARD IS TRIBUTE TO REVEREND DR. liam Henry in Lake George and the Champlain ´ Hotel south of Plattsburgh. ALWAYS READY ADOLFO CARRION In September of 1901, Vice-President Theo- ´ dore Roosevelt retreated to his beloved Adi- HON. HOWARD COBLE HON. JOSE E. SERRANO OF NEW YORK rondacks. He believed that President McKinley OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES was well on his way to recovery from being IN THE HOUSE OF REPRESENTATIVES shot in Buffalo five days earlier. While the Tuesday, August 4, 1998 Tuesday, August 4, 1998 Vice-President set up camp deep in the woods Mr. SERRANO. Mr. Speaker, I rise today to Mr. COBLE. Mr. Speaker, the United States near Lake Colden, an urgent message was pay tribute to Reverend Dr. Adolfo CarrioÂn, Coast Guard has made America a better place dispatched to North Creek by telegraph and Superintendent of the Spanish Eastern Dis- to live for 208 years. As members of this from there, by horseman, that the President trict, Assemblies of God, who will be retiring in country's oldest seagoing service, the men had suffered a relapse and was dying. The October of this year after over 33 years of and women of our Coast Guard continue to do D&H dispatched a train from Saratoga to service. North Creek to await the Vice-President. what they have always done; save lives and Reverend CarrioÂn has been an outstanding When he arrived he was handed a telegram property at sea; ensure a safe, efficient mari- leader and a great role model, not only to the as he swung aboard the train. In the coach, time transportation system; protect and pre- organization he served so well but also to the Roosevelt tore open the telegram. President serve our precious marine resources and envi- Hispanic community and other religious orga- McKinley was dead. Roosevelt rode in silence ronment; enforce laws and treaties in the mari- nizations. along the curvy track to Saratoga, the 26th time region; and defend our national security. Before becoming a Pastor of the Assem- President of the United States. With a force smaller than the New York City blies of God, he served in several different ca- The Golden Years of the D&H began in Police Department, or Coast Guard carries out pacities: President of the youth organization, 1907 followed by 30 years of unparalleled suc- these vital missions in this country's ports and Deacon, Trustee, President of the Knights, cess. The D&H rebuilt physical plant, re- waterways, along its 47,000 miles of coastline, and Superintendent of the Sunday School. equipped the road with new and improved lo- lakes and rivers, on international waters or in He first served as Secretary/Treasurer for comotives and filled its investment portfolio any maritime region as required to support na- the East Hispanic District of the Assemblies of with blue chip stocks and bonds that provided tional security. God in Manhattan. Afterward, he was ap- financial stability throughout World War I and On August 4, 1790, the Congress author- pointed Clergy and later on he became Assist- the Great Depression. The D&H's leadership ized 10 revenue cutters requested by Alexan- ant to the Superintendent for the District for and equipment experiments and locomotive der Hamilton, our country's first Secretary of two years. For the last 28, he served as the design became the industry standard. In 1915 the Treasury, for the purpose of interdicting Superintendent. the Delaware and Hudson began construction violators of U.S. customs laws. This was the Under his leadership, two new districts were of an ornate riverfront headquarters in Albany. birth of the essential and fiercely proud service created: one in Puerto Rico and one in South- Completed in 1918, this classic Flemish Goth- that continues its 24-hour-a-day, seven-day-a- East Florida. Today, the Assemblies of God ic structure contains the largest working week vigilance against a host of transnational has a total of 13 well organized districts with weathervane in the United States and is cur- dangers, including pollution, illegal migration, more than 275 affiliated churches. rently home to the administrative headquarters international drug trafficking and terrorism. In short, Reverend Dr. Adolfo CarrioÂn lives of the State University of New York. From Medal of Honor winner Douglas to help other people. He has been diligent in Beginning in 1938 the D&H transformed Munro, who while manning the machine gun providing spiritual guidance and support to the itself from a slow moving coal line to a bridge on his Higgins Boat, gave his life after saving members of our community. route for fast-moving merchandise shipments. more than 500 Marines off the beach at Gua- As it is written in Hebrews 6:10, ``for God is It ran a fleet of powerful, fast-running steam dalcanal, to Lieutenant Jack Rittichier, who re- not unjust; he will not forget your work and the locomotives known as ``Challengers.'' With the ceived the Silver Star posthumously after his love you have shown him as you have helped advent of World War II, a flood of freight and rescue helicopter was shot down by North Vi- his people and continue to help them.'' the passenger traffic came to the nation's rail- etnamese automatic weapons fire during his community, too, recognizes him and is honor- roads. Distinguished passengers on the D&H attempts to rescue a downed American fighter ing him. E1536 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 Born in Juncos, Puerto Rico in 1934, Rev- Converse College. His influence was instru- agreement on settlement principles that ulti- erend CarrioÂn has been married to Elisa Diaz mental in the recent $25 million gift from Darla mately led to passage of the San Luis Rey In- for 39 years. They have four children: Eliza- Moore to the USC business school. He has dian Water Rights Settlement Act in 1988 beth, Adolfo 3rd, DaÂmaris, and Lisette. Adolfo received an Honorary Doctor of Humanities (P.L. 100±675). 3rd is the recently elected Councilman of the Degree from the Medical University of South Title I of the 1988 Act directs the Secretary Bronx district 14. Carolina, Charleston; an Honorary Doctor of of the Interior to supply of 16,000 acre feet of Mr. Speaker, I ask my colleagues to join me Laws Degree from the University of South water per year to the Indian bands. This water in honoring Reverend Dr. Adolfo CarrioÂn for Carolina, Columbia; and an Honorary Doctor was to be obtained from one or more sources, his dedication to our community. of Humanities Degree from Lander College in including the public lands within California out- f Greenwood. side the service area of the Central Valley ``Hootie'' Johnson graduated from Green- project, or water conserved from the lining of TRIBUTE TO W.W. ‘‘HOOTIE’’ wood High School where he established an the All-American Canal in the Imperial Valley JOHNSON outstanding athletic career in football. He ma- as authorized in Title II of the 1988 Act. triculated at the University of South Carolina, Over the last decade, since the enactment HON. JAMES E. CLYBURN where he won the state's Jacobs Blocking of this Act, and despite the best good faith ef- OF SOUTH CAROLINA Trophy. His favorite pastime, however, has al- forts of all the parties involved, the Indian IN THE HOUSE OF REPRESENTATIVES ways been golf, a game to which he was intro- bands are no closer to receiving the water due Tuesday, August 4, 1998 duced at an early age and has been integral them. Moreover, during the last two years, ef- part of his life ever since. ``Hootie'' became forts to develop a source of water for the In- Mr. CLYBURN. Mr. Speaker, I rise today to vice president of Augusta National in 1975 dian bands have been delayed while Colorado pay tribute to Mr. W.W. ``Hootie'' Johnson; a and forged close friendships with the past River water users grapple with drafting a con- great American, an outstanding South Caro- chairman Jackson Stephens and the first sensus solution for the future use of Califor- linian, and a good friend. Recently elected chairman, Clifford Roberts. nia's portion of Colorado River water. Chairman of the Augusta National Golf Club, Mr. Speaker, this new honor for my friend The Indian bands, the City of Escondido, ``Hootie'' Johnson has served his state and ``Hootie'' is a rare one. In its 67 years, only and the Vista Irrigation District have pursued nation selflessly in various business, edu- five people have ever held the Chairmanship every potential source of water to fulfill the cation, and civic sectors. of Augusta National. I ask you, and my col- federal responsibility to the Indian bands water Mr. Johnson's accomplishments in the busi- leagues to join me in honoring W.W. ``Hootie'' rights. I believe that the best option is to use ness arena are legendary. He currently serves Johnson for his outstanding contributions to a portion of the water conserved by lining the as Chairman of the Executive Committee of South Carolina in the areas of business, civic All-American Canal, in California's Imperial NationsBank Corporation, one of America's and educational activities, and in wishing him Valley. largest banks, and was a key player in the re- good health and great success in his new role The concrete lining of the All-American cent merger between NationsBank and Bank as Chairman of the Augusta National Golf Canal will conserve an estimated 67,000 acre America. He was the original proponent of the Club. feet of water per year. This lining will preserve merger between NCNB and Bankers Trust, f water that is currently leaking from the All- and was once called the ``strategic father of American Canal and flowing unused into Mex- NationsBank.'' Mr. Johnson is a member of INTRODUCTION OF THE SAN LUIS ico. Of the total amount conserved, this bill the Board of Directors for Alltel Corporation, REY WATER RIGHTS SETTLE- would set aside 16,000 acre feet of water for and Duke Energy Corporation. He has served MENT ACT AMENDMENTS OF 1998 the Secretary of the Interior to transfer to the as Chairman and member of The Liberty Cor- Indian bands, fulfilling the terms of the 1988 poration, and the South Carolina Ports Author- HON. RANDY ‘‘DUKE’’ CUNNINGHAM Settlement Act. The federal government's ity. He has also served on the board of the OF CALIFORNIA share of the lining necessary to conserve South Carolina Research Authority. A former IN THE HOUSE OF REPRESENTATIVES 16,000 acre feet will amount to approximately governor of South Carolina, Robert E. McNair Tuesday, August 4, 1998 $30,000,000. A private partner will assume the once said, ``I don't know anyone who has remaining cost for the lining. By assuming that meant more to South Carolina and develop- Mr. CUNNINGHAM. Mr. Speaker, I rise cost on behalf of the San Luis Rey Indian ment than has W.W. `Hootie' Johnson.'' today to introduce legislation to complete a Water Authority, the Secretary would be able Mr. Johnson has also played crucial roles in federal commitment to the San Luis Rey In- to deliver the supplemental water, and the fol- community affairs in the Palmetto State. He dian Water Rights Settlement Act (P.L. 100± lowing benefits would accrue: has never been content to just lending his 675). The current stalemate in the Colorado River name to various organizations and efforts. He In the late 1800's and early 1900's the water allocation discussions would no longer has always been in the arena. In the early United States Government and the State of bar the efforts of the Settlement Parties to 1970s he appointed Dr. M. Maceo Nance, Jr. California granted San Luis Rey River water bring this matter to a final resolution; to the Board of Bankers Trust, the first African rights to the City of Escondido and the Vista A major contribution would be made to re- American to receive such an appointment in Irrigation District. Unfortunately, the right to duce California's historic use of Colorado the State of South Carolina, or in the South. that water was not the federal government's to River water; He is a former member of the Boards of the give. It was rightfully held by five bands of The completed Environmental Impact Study Columbia Urban League and the National Mission Indians (La Jolla, Rincon, Pala, for the All-American Canal lining project, which Urban League. Former Executive Director of Pauma, and San Pasqual). is now nearly five years old, could be utilized the Columbia Urban League, Elliott Franks Beginning in 1969, the City of Escondido before so much time passes that it must be once said, ``In those times, it would have been and the Vista Irrigation District have been sub- redone; far more convenient to pay lip service, and ject to litigation by the Indian bands over the The cost of water to the San Luis Rey In- concentrate on building his bank. It took a cer- rights to the San Luis Rey River water. In dian Water Authority, including wheeling tain amount of courage for him to be on the 1980, because the Secretary of the Interior charges paid to Metropolitan Water District front lines.'' had ceded the Indian bands' water rights to and the San Diego County Water Authority, Mr. Johnson's service to South Carolina Escondido and Vista, the Indian bands would be low enough to accomplish the objec- also extends to the education community. It brought suit against the federal government. tives of the Act; and was my great honor to serve on the Higher In 1984, in an effort to reach a settlement The largest single water conservation Education Blue Ribbon Committee appointed between the various parties, my California col- project within the Imperial Irrigation District by former South Carolina Governor Richard league, Rep. RON PACKARD, established the which remains to be builtÐand the only one W. Riley which was chaired by ``Hootie.'' It San Luis Rey Indian Water Settlement Task which would have absolutely no adverse im- was in this setting that I got to witness first Force and charged it with the responsibility of pact on the Salton SeaÐwould be started. hand the extraordinary talents of this uncom- negotiating the settlement of decades-old liti- The proposal currently being drafted by the mon man. He is a member of the Board of gation between five bands of Mission Indians, Colorado River water users to distribute Cali- Trustees of the University of South Carolina the United States Government, the City of Es- fornia's share of Colorado River water allo- (USC) Business Partnership Foundation; the condido and the Vista Irrigation District. After cates 16,000 acre feet of water conserved Hollings Cancer Center Advisory Council, lengthy negotiations with local, state and fed- from the lining of the All-American Canal for Medical University of South Carolina; and eral negotiators, the parties achieved an the San Luis Rey Water Rights Settlement. August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1537 While this proposal is not final, I believe there to help themselves. And each of the Simon appropriate, not play judge and jury. Citizens is no reason to expect that this provision will siblings emulates the example of their par- of this country have a constitutional right to not be in the final plan. Nor should the lack of ents. access the courts and to have their claims de- Today you might find Bill Simon in Har- cided on their merits. The Constitution grants comprehensive statewide Colorado River lem at the Terence Cardinal Cooke Health water use plan prohibit us from acting to settle Center—Talking to an aids patient—praying equal protection under the law to all people, what has now become a decades-old process with him—a procedure which he has repeated providing no exceptions for those who are un- to provide water rightfully due to the Indian with literally thousands of terminally ill and popular. By defunding legal services, we are bands. It should be noted that the 16,000 acre destitute patients at that center. He calls saying that our justice is only available to feet due to the Indian bands amounts to only this Eucharistic Ministry the most impor- those who can afford it. 36/100ths of one percent of California's alloca- tant thing that he has ever done. In my district, the Legal Aid Society of Met- tion of Colorado River water. I’ve watched Bill Simon for thirty years— ropolitan Denver recently closed the case of a I am aware that concerns about this pro- demonstrating that a good Businessman— 74 year old nursing home resident who has can also be a Good businessman. suffered from heart failure, hypertension, posal have been expressed by both the Impe- Now preparing to give away most of the rial Irrigation District and the Coachella Valley rest of his 350 million dollars, he says he chronic obstructive pulmonary disease, em- Water District. It is my expectation that the in- hopes others who can, will. physema, coronary artery disease and chronic troduction of this legislation will further the ob- He calls giving ‘the ultimately rewarding mood disorder. Needless to say, this gen- jective of reaching consensus on the issue of experience, tleman requires special care 24 hours a day. lining the All-American Canal with these im- Paul Harvey's speech honoring Bill Simon He has a spouse, but she is herself a survivor portant California water agencies. I look for- for his service to the less fortunate is surely of two cancer-related surgeries and has re- ward to working with all interested parties to an accolade Mr. Simon has long deserved. I cently been instructed by a doctor not to let reach an accord. am glad I was able to share this speech with stress exacerbate her condition. My constitu- I am proud to be joined in this effort by the you and I hope we all can learn from the ex- ent, the nursing home resident, was recently original sponsor of the 1988 Act, Mr. PACKARD ample Bill Simon has set. deemed ineligible for nursing home care by from California. I hope that all of my col- f the state agency responsible for administering leagues will join me in supporting this legisla- Medicaid. After a doctor advised the state tion and help me fulfill our responsibility to the DEPARTMENTS OF COMMERCE, agency that moving my constituent from a La Jolla, Rincon, Pala, Pauma, and San JUSTICE, AND STATE, AND JUDI- nursing home would be ``medically irrespon- Pasqual Indian bands. CIARY, AND RELATED AGENCIES sible,'' the state agency still did not change its f APPROPRIATIONS ACT, 1999 decision. At this point, my constituent went to Legal Aid of Denver which represented him in HONORING BILL SIMON FORMER SPEECH OF an administrative law judge hearing. The state SECRETARY OF STATE FOR HIS HON. DIANA DeGETTE agency finally reversed its ruling and today my SERVICE TO THE LESS FORTU- constituent is receiving the care that he needs OF COLORADO NATE and deserves. IN THE HOUSE OF REPRESENTATIVES Mr. Chairman, this is one small case. I as- HON. STENY H. HOYER Monday, August 3, 1998 sure you that there are many more cases like OF MARYLAND this one pending around the country. And one The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under year from now, as millions of people leave the Tuesday, August 4, 1998 consideration the bill (H.R. 4276) making ap- welfare rolls because of newly imposed time- propriations for the Departments of Com- limits, we absolutely must have a legal system Mr. HOYER. Mr. Speaker, I rise today to merce, Justice, and State, the Judiciary, and in place for the poor, for the homeless, and for honor former Secretary of the Treasury Bill related agencies for the fiscal year ending those children and families who have nowhere Simon for his service and dedication to help- September 30, 1999, and for other purposes: else to turn. ing the poor. His commitment to the poor is Ms. DEGETTE. Mr. Chairman, I rise in Take the Legal Services Corporation off the unfortunately a rarely publicized aspect of an strong support of Mr. MOLLOHAN's amendment chopping block by voting yea on the Mollohan extraordinary man. He served the country to increase funding for federal legal services. amendment. under two administrations as Secretary of the The Legal Services Corporation is a success- f Treasury but his greatest gift is the hope he ful public-private partnership that enables the 24TH ANNIVERSARY OF TURKEY’S has given the less fortunate. My friend Paul poor and indigent to gain access to the civil INVASION OF CYPRUS Harvey honored Bill Simon in an address he court system. Today, some of my colleagues gave on ABC Radio Networks on July 25th. In are proposing to fund this cooperative effort at SPEECH OF that address Mr. Harvey said and I quote: only $141 million dollars, 43% less than last You are likely carrying around in your year and less than half the level that it was HON. CAROLYN B. MALONEY pocket the autograph of a most extraor- funded at 18 years ago. Let me be clear on OF NEW YORK dinary man. It’s on your dollar bill. Because IN THE HOUSE OF REPRESENTATIVES he was our nation’s first Energy Czar and this point. If we do not vote for the Mollohan subsequently Secretary of the Treasury amendmentÐwhich restores the funding of the Monday , August 3, 1998 under two administrations. Legal Service Corporation to its present Mrs. MALONEY of New York. Mr. Speaker, After serving his Country in public office, levelÐwe will deal a viscious blow to equal it is my distinct honor and privilege to once Bill Simon went back to the world of com- justice. again stand with the gentleman from Florida merce and industry and got rich. Though his The truth is that Americans have long rec- greatest wealth is not his hundreds of mil- and commemorate the anniversary of the lions of dollars, but his family. His wife, two ognized the importance of fighting for the 1974 illegal Turkish invasion of Cyprus. The sons and five daughters. rights of people who cannot fight for them- continued presence of Turkish troops rep- They remember from their earliest Christ- selves. Open and equal access to the courts resents a gross violation of human rights and mases that dad would arise early and leave is as old as the Republic itself. In criminal international law. his New Jersey home to head off to volunteer cases, defendants have been guaranteed the On July 20, 1974, 6,000 Turkish troops and at a shelter for runaway youths in New York right to a court-appointed attorney since ratifi- 40 tanks landed on the North Coast of Cyprus City. cation of the Sixth Amendment in 1791. And As the children grew older he took them and captured almost 40 percent of the Island. along. They’d work in the kitchen, they’d in civil cases, organized civil legal assistance Today, there is still a barb-wired fence, known clean, serve meals, hand out Christmas pre- began as early as 1876, when the Legal Aid as the Green Line, that cuts across the island sents—and sometimes—most important— Society of New York first set up shop to pro- separating thousands of Greek Cypriots from just listen to the poor, the disabled, the tect the rights of New Yorkers. the towns and communities in which they and unwed mothers, the lonely elderly. Opponents of increased funding for legal their families had previously lived for genera- So the children matured responsibly re- services say that legal aid groups work tions. spectful of their obligation to help others. against the will of the people by using tax- Altogether, the illegal invasion and occupa- Bill Junior now has his own charitable foun- dation. Sister Mary is much involved with payer dollars to wage the frivolous legal bat- tion by Turkey represents 24 years of unan- the Kids in Crisis Shelter in Connecticut. tles of drug dealers and the like. Not only are swered questions, 24 years of division, 24 The Simons believe as did Andrew Carnegie these claims greatly exaggerated, but I would years of human rights violations, and 24 years that people are helped best by helping them add that Congress has a duty to legislate and of cultural destruction. E1538 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 When the Turkish troops invaded the island, withdraws its application to join the EU. The resting area for so many veterans has been they took 1,614 Cypriots and five Americans U.S. has opposed these conditions as unac- full since 1970. The nearest national ceme- and have never been seen or heard from ceptable obstacles to progress in resolving the teries accepting burials are in Alabama and since. For 24 years their families have had to Cyprus problem. Tennessee; neither of which are accessible to wonder whether they are. This spring, the re- We must stress that Turkey must come to Georgia's 450,000 veterans who live in the At- mains of Andrew Kassapis were brought home the negotiating table with no preconditions and lanta Metropolitan area. to his parents in Michigan. I was touched and open to peace; Placing a national cemetery in the Atlanta honored to have had the opportunity to take We must stress that demilitarization of the area will alleviate the pressure on the ceme- part in a memorial service with his family and island is necessary to obtain peace; teries in Tennessee and Alabama. other Hellenic leaders on the steps of the And, we must stress that there will be se- According to a National Cemetery System Capitol. This report is only the beginning. We vere consequences if further military action report, Atlanta, Georgia was listed as one of must find out the fates of the 1,614 Cypriots against Cyprus is taken. the ten geographic areas in the United States who have also been missing since 1974. I will We must take a firm stand in obtaining in which a need for a burial space for veterans continue my work in Congress to bring an- peace on Cyprus in the upcoming year so that is the greatest. The Atlanta area has had this swers to the families and friends of the Cyp- next year we may celebrate peace instead of designation now for two decades. riots who are still missing and to bring the re- remembering war. This legislation is supported by Pete Wheel- mains of the other four Americans, including f er, Commissioner of the Georgia Veteran's George Anastasiou and Christaci Loizoi, home INTRODUCTION OF LEGISLATION Association, and the Georgia Disabled Amer- to their families. The Kassapis family was able TO AUTHORIZE A NATIONAL ican Veterans, the American Legion, and other to experience some closure and I want to see VETERANS CEMETERY TO BE veterans' groups. I ask all veterans groups to these other families afforded the same right. CONSTRUCTED IN METROPOLI- support this legislation because it is only ap- Others that must not be forgotten are the TAN ATLANTA IN THE STATE OF propriate for Georgia's heroes to be allowed to people detained in the enclaved areas of GEORGIA be laid to rest in their home state. Northern Cyprus. In 1974, 20,000 Greek-Cyp- This has been a long awaited process for riots did not leave their homes after the North- Georgia veterans. These men and women de- ern portion of the island was occupied. There HON. BOB BARR serve a proper resting place. The legislation are strict restrictions on where they are al- OF GEORGIA we are introducing today is an important first lowed to travel. If they leave their villages, IN THE HOUSE OF REPRESENTATIVES step in creating a new national cemetery. they are no longer allowed to return. Those Tuesday, August 4, 1998 f 20,000 people have been the victims of perse- Mr. BARR of Georgia. Mr. Speaker, I rise ADDRESS OF JOHN BRADEMAS AT cution and discrimination that has caused their today to announce to my colleagues in the ROYAUMONT PROCESS CON- depletion. Now only 540 people are left. And, House of Representatives that I am introduc- FERENCE Greek Cypriots that want to visit their family ing legislation authorizing a national veteran's and friends in the enclaved area are forced to cemetery to be constructed in the metropolitan pay $30 for each visit. Atlanta area in the State of Georgia. HON. LEE H. HAMILTON Using Cyprus's European Union member- I urge my colleagues in the House to sup- OF INDIANA ship aspirations as a pretext, Turkey has re- port this effort not just on behalf of the veter- IN THE HOUSE OF REPRESENTATIVES cently embarked on an increasingly hostile ans in Georgia but veterans across our nation. Tuesday, August 4, 1998 pursuit of its long-standing objective to parti- Our nation has a sacred obligation to fulfill Mr. HAMILTON. Mr. Speaker, our distin- tion Cyprus. the promises we made to our veterans when guished former colleague in the House of Illegal military overflights of Cyprus have in- they agreed to risk and, in many cases, give Representatives from my native State of Indi- creased, Turkish occupation forces have their lives to protect the freedoms we all enjoy. ana, Dr. John Brademas, who as Members brought new weaponry into the occupied area, One of those promises was a military burial in know, served as Majority Whip of the House and they have provoked incidents along the a national cemetery. from 1977 to 1981 and then President of New UN cease-fire line, killing four Greek Cypriots Speaker GINGRICH is an original cosponsor York University, has since 1994 been Chair- in 1996. Turkey has also made plans for the to this important piece of legislation. The man of the Board of the National Endowment construction of two new naval bases and an Speaker has been a dedicated advocate of for Democracy. air force base in the occupied area and has the veterans in the state of Georgia and of this Earlier this month, on July 9, 1998, Dr. upgraded its bases on the southern coast of country. In addition, I want to thank the other Brademas delivered the Keynote Address at a Turkey, which is only 50 miles from Cyprus. Members of the Georgia delegation for their conference in Salonika (Thessaloniki), Greece, Most ominous of all, Turkey has threatened support of our efforts. Congressmen COLLINS, sponsored by the European Union Royaumont to ``integrate'' the occupied area of Cyprus if KINGSTON, LINDER, CHAMBLISS, DEAL, LEWIS, Process for the ``Promotion of Stability and Cyprus joins the EU, and the Turkish Cypriot and BISHOP realize the importance of the vet- Good-Neighborly Relations in Southeastern leader has said that ``there will be war if Cy- erans in Georgia. prus joins the EU.'' Turkey has, in fact, al- Sadly, the access of many veterans in Europe.'' Because I believe Members will read with ready signed a number of ``agreements'' with Georgia to military burial has been blocked interest Dr. Brademas' remarks on this occa- the illegal Turkish Cypriot regime that lay the due to the lack of a national cemetery near sion, I ask unanimous consent to insert his ad- groundwork for an eventual annexation of the their homes and the homes of their loved dress at this point in the RECORD: occupied area. ones. Georgia has no National Cemetery In August 1997, Cypriot President Clerides space available. None. This situation is inex- KEYNOTE ADDRESS OF DR. JOHN BRADEMAS provided the Turkish Cypriot community's cusable, and we must take immediate steps to Distinguished guests and friends, I count it leader with a proposal to engage in a dialogue remedy it. a great privilege to have been invited by the to resolve security concerns of all parties. On The legislation we are introducing today is distinguished European Union Coordinator of June 20 of this year, President Clerides re- an important first step in creating a new na- the Royaumont Process, Dr. Panayotis quested U.N. Secretary General Annan to un- Roumeliotis, and Professor Panayotis tional veterans cemetery. Senators CLELAND Korliras of the Lambrakis Foundation, to dertake a personal initiative to reduce military and COVERDELL are introducing a companion offer some remarks at the opening here of tensions. President Clerides reiterated to measure in the United States Senate. this important conference sponsored by the Annan his commitment to reconsider the ac- Establishing a national cemetery in Georgia Royaumont Process to Promote Stability quisition of missiles if progress is made lead- would give veterans and their families acces- and Good-Neighborly Relations in South- ing to the demilitarizations of Cyprus. sibility and the recognition they deserve. eastern Europe. Last year, this Congress passed a resolu- There are currently over 700,000 veterans In the first place, I feel at home here. My tion urging the Administration to launch an ini- living in Georgia. Some 450,000 of these vet- father was born in Kalamata, Greece, and I tiative to resolve the Cyprus problem, setting erans live in the Atlanta metropolitan area. At- was the first native-born American of Greek forth the parameters for such a solution, in- origin elected to the Congress of the United lanta is the largest metropolitan area in the States. cluding demilitarization. The Turkish side, United States without a useable national cem- Second, I am glad to be back in the great however, has refused to come to the negotiat- etery. city of Thessaloniki, one of the most impor- ing table unless the occupied area is first rec- Georgia currently has only one national tant centers, culturally, economically, po- ognized as an independent state and Cyprus cemetery located in Marietta. However, this litically and religiously, in this part of the August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1539 world. I’ve been in Thessaloniki several the important areas of social development had the first, informal, meeting of the Board times in recent years and always rejoice at and environmental concerns. of the Center. the prospect of returning. Here let me speak to you not only as a To be located administratively in Third, I applaud the purpose of this con- former Member of Congress but also as Thessaloniki, the Center, will devote atten- ference, and I salute not only the leaders of Chairman of an American non-governmental tion to such fields as education, the environ- the Royaumont Process and the Lambrakis entity, the National Endowment for Democ- ment and a market economy as well as to Foundation but the other sponsors as well, racy. the practices of a pluralist, democratic soci- the University Research Institute of the Uni- NED, as we like to call it, is unusual in the ety, that is to say, an independent judiciary, versity of Macedonia, the Association for De- United States, in that it is a non-govern- free and responsible media, healthy non-gov- mocracy in the Balkans and the Kokkalis mental organization financed with govern- ernmental organizations, efficient and ac- Foundation. ment funds. countable central administrations and local And what is the purpose of our meeting in The purpose of NED is to make grants to governments and effective parliamentary in- Thessaloniki? private organizations in countries that do stitutions. It is to promote the objectives of a timely not enjoy democracy in order to encourage Our Advisory Council includes persons European Union initiative, the Royaumont the institutions and practices of a free, open from Bosnia, Bulgaria, Croatia, Cyprus, the Process, which are ‘‘stability and good and democratic society—free and fair elec- Former Yugoslav Republic of Macedonia, neighborliness’’ in this region, and to do so tions, independent media, the rule of the law Greece, the Netherlands, Rumania, Serbia, by bringing together representatives of non- and vigorous non-governmental organiza- Turkey, the United Kingdom and the United governmental organizations who, if from dif- tions. States. ferent countries and backgrounds, have a Albeit with modest funds, the National en- The purpose of the Center’s multinational common interest in the development of civil dowment has, among its programs in over 90 approach will be to foster greater inter- society. countries, sought to address some of the ob- change and understanding among the peoples The Royaumont Process concentrates on stacles to democratization in Southeastern of the area and to develop networks among actions needed to spur civic structures and Europe. NED grants have encouraged the individuals and groups committed to the create effective means of communication resolution of inter-ethnic conflict, greater democratic and peaceful development of across national boundaries, at both bilateral political pluralism and economic reform as Southeastern Europe. and multilateral levels, in Southeastern Eu- well as assisted the independent organiza- The work of the Center will obviously rein- rope. tions necessary to form the basis of civil so- force the program of the Royaumont Proc- ess, and my colleagues and I hope that our The countries taking part in the Process ciety in the region. are: Albania, Bosnia, Herzegovina, Bulgaria, I cannot begin to list all the proposals the two ventures will find ways of cooperating the Federal Republic of Yugoslavia, the Board of NED Board has considered. But let with each other. We believe that the Center has now raised Former Yugoslav republic of Macedonia, me note a few of the countries for which enough funds from individual benefactors to Hungary and Turkey as well as European grants have recently been approved. be able to employ an outstanding person to Union Members (like Greece), Russia and the In Bosnia-Hercegovina, with the continu- direct, in concert with the Board, the pro- United States. ing animosity between Muslims and Croats grams of the Center which, to reiterate, we The Royaumont Process lays special em- and where peace remains fragile, NED is want to see carried out throughout this re- phasis on both local citizen involvement and helping an NGO in Livno, the Center for gion. crossborder collaboration and its authors be- Civic Cooperation, in an effort to promote Of course, if we are to be able to mount a lieve, rightly, that dialogue across ethnic cross-cultural communication and better re- constructive program, we must raise addi- lines and national boundaries is indispen- lations between these two ethnic commu- tional funds—from individuals, business sable in developing the conditions of peace nities. firms, foundations and, where appropriate, and stability. In Bulgaria, despite the victory of non- governmental and inter-governmental insti- I think it particularly significant that this communist forces in presidential and par- tutions such as the European Union. conference will concentrate on the role of liamentary elections, genuine participatory Allow me to tell you about the first activ- non-governmental organizations in building democracy is far from reality. NED is assist- ity we intend the Center to undertake. To be and sustaining institutions of democracy and ing an NGO, the Balkan Forum Civil Asso- called the Southeastern European Joint His- stability in Southeastern Europe. ciation, that teaches people how to be politi- tory Project, we want to approach professors Certainly NGOs have played a crucial role cally active in their own communities. at universities and research institutions in in developing democracy in the Western In Kosovo NED has supported Kota Ditore, the region, secondary school teachers, rep- world, they are, indeed, the vehicles of civil the only independent daily newspaper and resentatives of the media and leaders from society. one of the few reliable sources of informa- the different religious traditions. To illustrate my point, only last month I tion on political and economic developments For example, we should like to bring to- spent several days in Cyprus where I talked in the Balkan countries where Albanians gether professors of Balkan history for semi- with both President Glafkos Clerides of the live. In Serbia, too, where Milosevic uses the nars, roundtables and other meetings not Republic of Cyprus and with the Turkish official media to attack his opponents and to with the objective of producing a common Cypriot leader, Ralf Denktash. In my address disseminate anti-Western propaganda, NED history but rather better to understand each at the University of Cyprus, I made clear my supports Vreme, a weekly magazine regarded other’s and thereby, as President Clinton distress that Mr. Denktash had ordered a as the number one chronicler of events in said in Sarajevo, ‘‘to make history our friend halt to contacts between the two commu- Yugoslavia and a leading critic of Milosevic. and not our enemy.’’ nities and I urged a renewal. To generalize, and as all of you know bet- I am very glad to say that a brilliant histo- By his action, Mr. Denktash has cut short ter than I, the advance of democracy has rian, of Bulgarian origin, now a professor of a most promising practice whereby large proceeded at a different pace in the various Balkan history at the University of Florida, numbers of both communities were meeting states of the region. Given the different cir- Maria Todorova, has agreed to help organize in regular and structured fashion. cumstances in each, this is not surprising. the Joint History Project. I talked to a number of persons, not only The countries of Southeastern Europe and For those of you who have not read it, I Greek Cypriots but Turkish ones, who are the New Independent States continue to commend to you Professor Todorova’s splen- anxious that such contacts be resumed not struggle, economically, politically and, as did volume, published last year by Oxford only between individuals but between NGOs the strife in Kosovo illustrates, sometimes University Press, USA, entitled Imagining the on the island. violently. What the National Endowment for Balkans. Indeed, as our meeting in Thessaloniki Democracy, with its grants program, has Here I observe that I was very pleased to demonstrates, non-governmental organiza- demonstrated, that NGOs can play a crucial learn from Ketty Tzitzikosta that the Asso- tions are at the forefront of efforts to create role in promoting stability and democracy. ciation of the Interbalkans Women’s Co- regional networks and foster citizen partici- This observation leads me to tell you of a operation Societies will hold a conference in pation. The Association for Balkan Democ- project on which I have been working for the Thessaloniki next October on the theme, racy, founded by Costa Carras, Nikos past two years with several colleagues, in- ‘‘The image of the ‘other/the neighbor’ in the Efthimiades, Rigas Tzeleploglou and Petros cluding, in the United States, President Clin- school textbooks of the Balkan countries’’, Papasarantopoulos, and the Research Insti- ton’s Special Envoy for dealing with the dis- and I trust that Professor Todorova and tute of the University of Macedonia are good pute between Greece and the Former Yugo- Ketty will this week compare notes on how examples. slav Republic of Macedonia, Matthew their two efforts can reinforce each other. I must note here yet another NGO, born in Nimetz, and in Greece, someone known to In like fashion, I note that Association for this region and certainly worthy of emu- many of you here because of his long and Balkan Democracy is now publishing an im- lation, the Association of Interbalkan Wom- constructive interest in Cyprus, Costa pressive bimonthly newsletter, Balkan Hori- en’s Cooperation Societies. Ably led by its Carras, and a prominent citizen of zons, under the editorship of Petros dynamic founder, Ketty Tzitzikosta, the As- Thessaloniki, Nikos Efthimiades, to estab- Papasarantopoulos, aimed at promoting po- sociation brings together on a regular basis lish a Center for Democracy and Reconcili- litical democracy, civil society and non- women from other NGOs in the region to dis- ation in Southeastern Europe. governmental organizations in the region. cuss, teach and develop ways to promote I am pleased to say that our efforts are A third example of the kind of leadership peace and stability—often with a focus on bearing fruit and that only this morning we through NGOs that I believe characterizes E1540 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 the mission of the Royaumont Process is the corruption in the new democracies of South- fact, Martha is the only woman to hold this po- statement adopted earlier this month in Oslo eastern Europe. Another item for the agenda sition in either chamber of the Ohio Legisla- by business representatives from the Turk- of our Center! ture. ish-Cypriot and Greek-Cypriot communities. If I have not yet exhausted you, I shall Mr. Speaker, during the time when I served The fundamental thrust of the declaration conclude these remarks by proposing some is to encourage ‘‘increased contact and co- questions for our discussion in the next two as the President of the Ohio Senate and in operation between two communities’’, in- days: most of my twenty-two years as a State Sen- cluding the relaxation and eventual removal What kinds of voluntary, non-govern- ator, I was very fortunate to have the oppor- of all restrictions on the free movement of mental associations are most needed in your tunity to work closely with Martha. She ap- people, goods and service and the expansion respective states in Southeastern Europe? proached her work in the Ohio Senate with the of contacts in business, culture and sports. What is the role of the region’s major reli- highest sense of honor, responsibility, and I am sure that everyone attending this gions with respect to crafting democracy dedication. In the future, the unwavering com- conference could offer other illustrations of here? mitment and professionalism that Martha how nongovernmental organizations are, in a What about the obligation of the media— variety of ways engaged in efforts that in- press, television, radio—in stimulating a brought to the Office of the Clerk will be the volve men and women of different ethnic, re- sense of civic responsibility and genuine ac- standard by which all others who hold that po- ligious and national backgrounds and are countability by government to the citizenry? sition will be judged. thereby laying the building blocks of the How can we assure media free of government Mr. Speaker, having had the pleasure of peaceful, stable region we all want to see. control? working with Martha Butler and seeing, first- As I have said, the Board of the Center will How can schools, colleges and universities hand, her commitment to the people of the certainly want to cooperate with the encourage respect for people of different eth- state of Ohio, I know she will be sorely Royaumont Process, and I salute Dr. nic origins, nationalities and religions? How missed. Martha truly is a credit to the Ohio Roumeliotis, Dr. Korliras and the other or- can educational institutions promote under- ganizers of this conference for bringing to- standing of the nature of democracy? Senate, and to all of Ohio. I would urge my gether so many representatives of NGOs How can new cultural, economic, edu- colleagues to stand and join me in paying spe- from so many different countries and cul- cational and social linkages be created to re- cial tribute to Martha Butler, and in wishing her tures but all with an interest in the develop- place old ethnic and religious divisions? well in all of her future endeavors. ment of a vigorous and vital civil society. Ladies and gentlemen, I have spoken of f Allow me then to indicate what I believe some of the factors that seem to me essen- should be three goals of non-governmental tial to overcoming, or at least diminishing, BIPARTISAN CAMPAIGN organizations in this region, three crucial the many conflicts in this region and to INTEGRITY ACT OF 1997 elements in developing the institutions and building societies at once peaceful, demo- practices of self government: civil society, cratic and stable. SPEECH OF security and economic development. And allow me to say once more how deeply First, a healthy, vibrant civil society— impressed I am by the initiative of the HON. SAM GEJDENSON that is to say, institutions, associations and Royaumont Process and its collaborators in OF CONNECTICUT organizations wholly independent of govern- sponsoring this conference. IN THE HOUSE OF REPRESENTATIVES ment, groups through which the bonds of so- I hope that the Center for Democracy and Monday, August 3, 1998 cial trust and collaboration are created—is Reconciliation of which I have told you will imperative if people are peacefully to express have a long and productive relationship not The House in Committee of the Whole their differences and resolve their disputes. only with Royaumont, but also with the House on the State of the Union had under A second essential criterion for democracy many non-governmental organizations rep- consideration the bill (H.R. 2183) to amend to take hold is a regional security regime— resented here this week. the Federal Election Campaign Act of 1971 to meaning a cluster of agreements among How splendid it would be, as we look to a reform the financing of campaigns for elec- states to consult with, and provide their new century and the next millennium, for all tions for Federal office, and for other pur- neighbors information about, their defense the peoples of Southeastern Europe to enjoy poses: practices, and to agree on principles on the fruits of freedom, democracy and the which their security policies should be based. rule of law! Mr. GEJDENSON. Mr. Chairman, on July Such agreements and assurances are impera- 20, 1998, Mr. GOODLATTE of Virginia offered tive not only for the immediate task of crisis f an amendment to the Shays-Meeham cam- prevention but also for the longer-term goal paign finance reform substitute that proposed of helping generate such effective dialogue A SPECIAL TRIBUTE TO MARTHA L. BUTLER FOR HER EXEM- repealing important provisions of the 1993 Na- and understanding among peoples as to di- tional Voter Registration Act. Fortunately, this minish persistent stereotypes of one another. PLARY SERVICE TO THE OHIO If extremely difficult to establish, this factor SENATE ill-considered amendment to gut what has be- is nonetheless crucial because no enduring come known as the ``Motor Voter law'' was de- solution to the security problems of the area feated. In his remarks supporting Mr. GOOD- can rely solely on the continued presence of HON. PAUL E. GILLMOR LATTE's amendment, Mr. DELAY of Texas cited the United States or Western Europe. OF OHIO Dr. Walter Dean Burnham, a professor of Gov- Third, the growth across borders of eco- IN THE HOUSE OF REPRESENTATIVES ernment at the University of Texas at Austin nomic ties and the integration of markets and a nationally recognized expert on the his- can be a powerful incentive to the construc- Tuesday, August 4, 1998 tion of open, pluralistic relations both with- Mr. GILLMOR. Mr. Speaker, I rise today to tory of American campaigns and elections. On in countries and throughout Southeastern pay very special tribute to an outstanding indi- page H5941, Mr. DELAY states: ``Because of Europe. vidual from the Great State of Ohio, Martha L. the lack of fraud provisions in the Motor Voter Business and trade associations, for exam- Butler. Later this month, after thirteen years of law, `We have the modern world's sloppiest ple, can promote legal reforms that are con- electoral systems,' according to political sci- ducive to freer internal markets as well as service, Martha Butler will retire from her pres- tigious position of Clerk of the Ohio Senate. entist Walter Dean Burnham.'' stronger commercial ties across frontiers. In a letter to the Committee on House Over- For indispensable to the long-term growth of Martha's initial service to the Ohio Senate sight, Dr. Burnham writes that Mr. DELAY mis- domestic economies and trade among na- began more than twenty-five years ago when quoted him and misrepresented the substance tions is the rule of law. Business executives she began working as an aide to the Honor- of his research on voting. His letter follows: and investors must be able to depend on able Max H. Dennis. During her early years in agreed rules and their effective enforcement. the Senate, her commitment to the institution THE UNIVERSITY OF TEXAS AT AUS- I must in this connection, say a special TIN, DEPARTMENT OF GOVERN- of the Senate and professionalism she brought word about corruption, which could be the MENT, subject of an entire speech! In the last few to her job were evident to all of those who had Austin, TX, July 27, 1998. years, corruption, long tolerated with apa- the opportunity to work with her. In 1977, she Dr. KEITH ABOUCHAR thy, cynicism and denial, has become a tar- switched Senate offices and began working for Committee on Oversight, Democratic Staff, get of serious action both national and inter- the Honorable Paul E. Pfeifer as his Legisla- House of Representatives, Longworth House national levels. tive Aide. Office Bldg., Washington, DC. Theft, bribery and money-laundering are A short time later, Martha moved to the DEAR KEITH: Thanks very much for the fax now more and more understood to be major Senate Clerk's office where she became the of July 21 and the enclosed CR remarks on obstacles to economic growth and genuine the Goodlatte Amendment. democracy. Even as 34 nations last year Assistant Clerk of the Ohio Senate. Then, in It will probably not surprise you to learn signed the OECD Convention on Combating 1985, Martha broke new ground and made that I was grossly misquoted by Rep. DeLay. Bribery of Foreign Public Officials, I believe history by becoming the first woman to hold Some years ago, I was indiscreet enough to attention must be paid to the challenge of the position of Clerk in the Ohio Senate. In respond to a phone inquiry from some writer August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1541 for the Readers’ Digest who, it turned out, That, and that alone, is my position. A na- science lead her to Harvard University where was a strong opponent of the Motor Voter tion will choose to make investments where she is studying the history and philosophy of Act—which of course I warmly supported. the organized will to do so exists. So far as scienceÐmuch like I did years ago. She plans The slant given on my views there was bad elections are concerned, it has to be said enough, but I have to regard myself as an in- that there is no consensus at the end of the to apply to medical school and various inter- advertent unindicted co-conspirator in that day that voting is properly regarded as an national fellowships toward her eventual goal case. attribute of adult citizenship and thus as of a research and clinical career in pediatrics. My major theme was—and is—that for a much of a civil right as those that have since With scholars like Vi Nguyen as the future country which prides itself on its democratic 1954 been enforced by the courts. We are still, of our biomedical research community, I am institutions the United States (or, more pre- if obscurely, fighting the epic battle between confident that the children of tomorrow will cisely, the states and localities chiefly re- General Ireton and Colonel Rainborough in have a much better chance at healthier lives. sponsible for election laws) is remarkable for the British Putney Debates of 1647. That bat- f long adhering to the view, implicitly, that tle was terminated ages ago in the rest of voting is a privilege requiring justification the Western world; and the contrasting SPOUSAL TRAVEL DEDUCTION before some official rather than, as else- modes of election administration simply at- where in the Western world, a right which test on both sides to this fact. the state does its very best to protect. The It should go without saying that the ongo- HON. NEIL ABERCROMBIE theoretical issues here are thoroughly can- ing collapse of voter participation in Amer- OF HAWAII vassed in any essay on a case from Texas in- ican elections outside of the South since 1960 IN THE HOUSE OF REPRESENTATIVES volving that state’s 1966 voter-registration has little enough to do with personal-reg- act that I produced in the 1971 Washington istration requirements as such. For they Tuesday, August 4, 1998 University Law Quarterly. were much less user-friendly in a great many Mr. ABERCROMBIE. Mr. Speaker, I am in- The sloppiness in election administration states in 1960 than in 1996, and yet non- to which I refer in particular has nothing to troducing legislation today which will help southern turnout topped 70% in the former do with the Motor Voter Act as DeLay slop- America's working individuals and families, year, compared with 53% or thereabouts in pily claims: it seems endemic in a great 1996. Given the general situation surrounding particularly those associated with the travel many locations (though by no means all), the 1998 election, I would guess that when we and tourism industry. and it goes back a long way. We will leave finally get the final totals sometime around My bill would re-instate the federal income aside cases of outright swamping of the proc- April 1999, we will find that turnout for the tax deduction for expenses of persons travel- ess by massive corruption, of the sort that US House will fall to somewhere around one- prompted a Republican Senate to refuse to ing with spouses on business purposes. As third of the potential electorate (from 38% in seat two apparent Republican winners that you may know, the spousal travel deduction 1994) and, as such, will display the lowest year (Frank Smith of Illinois, William S. was a long established part of the tax code level of participation among the potential Vare of Pennsylvania). One sees examples of until 1993. At that time, President Clinton, as electorate since 1798. All I can say in conclu- it most clearly, perhaps, when contested a part of his first budget to Congress proposed sion is that I like to do my little bit to make elections develop—such as the 1950 and 1952 democracy live in the United States, and ex- repeal of the deduction, along with many other gubernatorial races in Michigan; or the 1960 press my firm conviction that—whether we tax changes. I supported his budget, despite House race in the 5th Indiana, where the look at election administration or at the reservations about some of the tax proposals, Democrat was finally declared the winner by campaign-finance imbroglio—the present a margin of 99 votes out of 214.5 thousand such as cutting the business meal and enter- leadership and followership among the Re- votes cast (the 1996 Sanchez-Dornan election tainment expense deduction from 80 per cent publican majority in Congress seem to have in the 46th California has its precedents!); to 50 per cent, because they would have det- other objectives. and some surveys of Texas elections as well, rimental impact on the travel and tourism in- Yours very truly, as e.g., in 1968). From this record, one derives dustry. Nonetheless, the need to reorder the WALTER DEAN BURNHAM, the general sense not that excessive corrup- Professor. nation's priorities was essential and over- tion was in play (as in the 1926 Senate cases), P.s.—Now this is something I would be whelming, and I voted in favor of the legisla- but rather that administrative incompetence happy to have entered in the CONGRESSIONAL tion. on a scale which W. Europe or Canada would RECORD! Supporting the 1993 budget was a difficult not tolerate (and do not have) makes the re- sults of a great many American elections f decision, but it was the correct one. It set the mere approximations to the actual votes basis for rapid decline in the budget deficits cast for the various candidates. Various mis- ‘‘VI NGUYEN—THE FUTURE OF which have plagued the nation for decades. fires of punch-card and machine systems for MEDICAL RESEARCH’’ We now have a budget surplus projected to casting votes in such places as Detroit and be in excess of $50.0 billion. The travel indus- Cleveland in the 1970s merely reinforce this HON. BOB FILNER try and those states and localities dependent impression. on the industry have sacrificed substantially in One obvious solution to this problem, so OF CALIFORNIA far as such efforts to ameliorate the turnout- IN THE HOUSE OF REPRESENTATIVES order to get our financial house in order. There is growing support for Congress en- depression caused by personal registration Tuesday, August 4, 1998 systems as the Motor Voter of 1993 are con- acting tax cut and reform legislation before we cerned, would be to say that you simply Mr. FILNER. Mr. Speaker and Colleagues, I adjourn in October. I have worked closely in a can’t get there from here and to urge the rise before you today to praise Vi Nguyen bipartisan manner with the Congressional view that it multiplies the occasions for un- from my district who recently completed the leadership, members of the Ways and Means qualified people to cast ballots and should be National Institutes of Health (NIH) Under- Committee and with the Administration to gen- repealed. Naturally, conservatives favor this, graduate Scholarship Program for Individuals erate support reinstating the deduction, and for they have systematically used the cor- ruption/fraud argument for decades to defeat from Disadvantaged Backgrounds (UGSP). many have been encouraging on the propos- any efforts to make it easier for people to The NIH 10-week summer research program al's merits and the beneficial impact that it will have access to the polls. One may note the is open only to scholars who have either a 3.5 have on the economy. roll-call votes on passage of this act as a re- grade point average or are in the top 5 per- This bill is important to the working men and cent example of this. Obviously, believing as cent of their class. To be eligible, candidates women of our country. The travel and tourism I do that the European-British-Canadian ar- must also be committed to pursuing a career industry generates millions of jobs for our rangements for state enrollment of eligible in biomedical research. The UGSP was set up economy, and importantly, many of those jobs voters correspond to my belief that voting is for students who might not traditionally have are entry level and give a first employment a right and not a privilege, if I had my way I would declare personal registration ipso research training opportunities. It was de- chance to less skilled workers, immigrants and facto as unconstitutional; but no Supreme signed to improve access to undergraduate those entering the job market for the first time. Court I can imagine in my foreseeable future education that leads to careers in biomedical It provides an entry into the job market and is likely to agree with me. research, and to nurture scholarship recipi- opportunities for skill development, training The alternative solution, it seems to me, is ents' interest in the NIH for their research and advancement. Representing a state and to invest in developing an election-adminis- training after graduation. city very heavily dependent on travel and tour- tration bureaucracy which can competently Vi is only one of 24 scholars selected in a ism, I have seen first-hand individual get a first and speedily count the votes cast and publish the results. This does not resolve the per- nationwide competition for this prestigious pro- break in the hotel and restaurant industries sonal-registration problem, but if gram, and her journey to NIH this summer has and advance in responsibility into manage- enforceably carried out should minimize the been a long one. Her parents immigrated from ment and supervisory positions. This is re- extent of sloppiness that evidently now ex- Vietnam to San Diego, where she graduated peated throughout the country, but it is par- ists. from Bonita Vista High School. Her interest in ticularly apparent in areas with significant E1542 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998 numbers of tourists, such as Honolulu, Las CELEBRATING THE INCORPORA- education that leads to careers in biomedical Vegas, Orlando, Los Angeles, New Orleans, TION OF LAKE MARY, FLORIDA research, and to nurture scholarship recipi- San Francisco, Miami and countless other ents' interest in the NIH for their research communities across the nation. HON. JOHN L. MICA training after graduation. I also believe that there are significant mis- OF FLORIDA Geanncarlo is only one of 24 scholars se- conceptions about the spousal travel deduc- IN THE HOUSE OF REPRESENTATIVES lected in a nationwide competition for this tion. It has been unfairly characterized as prestigious program, and his journey to NIH Tuesday, August 4, 1998 wealthy businessmen traveling to exotic loca- this summer has been a long one. He put him- tions and deducting the expenses of the wife. Mr. MICA. Mr. Speaker, It is my pleasure to self through Southwestern College and then The reality is the deduction has been much congratulate the City of Lake Mary, Florida on San Diego State University (SDSU), even more frequently taken by traveling salesmen its twenty fifth anniversary of incorporation. working on immunological research at the and saleswomen and small business owners The City of Lake Mary began in the 1800's Scripps Research Institute while attending attending trade shows or soliciting business in as two settlements on the shore of the lake for school. He graduated from SDSU with his trips across the around the nation. It was a which it is named. The area was originally bachelor's degree in molecular and cellular bi- middle-income tax, not an abuse exploited by know as Bent's Station, named after a man ology and plans to pursue his doctorate in im- the wealthiest. The wealthy have tax shelters who lived there and planted several large or- munology at the University of California at that pale the spousal travel deduction, shelters ange groves. Later, a minister, J. F. Sundell, Berkeley, where he has been accepted. But not available to the working men and women moved to the area with the lake's namesake, first, he will spend a year at NIH, continuing of our country. The vast majority of bene- his wife Mary. The first seeds of the city that his immunological studies and repaying his ficiaries solid, hard-working, tax-paying Ameri- now prospers there were planted in Seminole debt to the federal government for his partici- cans with a couple of kids, trying to make County, whose history dates back to the Semi- pation in the program. ends meet. Those are the people we should nole Indian wars in the 1800's. With scholars like Geanncarlo Lugo as the be designing the tax system to give a fair The town was built between Sanford and future of our biomedical research community, shake. Orlando along the route of a narrow gauge I am confident that many of our immunological I will be working in the next weeks and railroad. While Lake Mary's beginnings date mysteries will be solved. months in this Congress to move this legisla- back to the 19th century it was officially incor- f porated as a city on August 7, 1973. In 1923 tion forward. Any tax reform or reduction legis- A TRIBUTE TO JEROME ROBBINS lation should address this issue. I look forward the first Lake Mary Chamber of Commerce to continuing to work with my colleagues in was established. By the 1960's the area was being surrounded by new developments. To HON. JERROLD NADLER Congress to making enactment of this bill a OF NEW YORK reality. establish its distinct personality as a commu- nity the Chamber of Commerce successfully IN THE HOUSE OF REPRESENTATIVES f passed a referendum establishing the City of Tuesday, August 4, 1998 Lake Mary in 1973. Mr. NADLER. Mr. Speaker, I would like to CONGRATULATING SHERIFF TIM Today the City has grown beyond its origi- take this opportunity to mark the passing of HUTCHISON nal scope as a citrus and agriculture commu- one of the greatest, most innovative, and di- nity to become the corporate home for some versely talented artists of our time. Jerome HON. VAN HILLEARY of America's largest companies. Lake Mary Robbins, age 79, passed away last Wednes- has preserved much of the natural beauty that day night in his apartment in New York after OF TENNESSEE intermingles with handsome residential neigh- suffering a stroke earlier last week. IN THE HOUSE OF REPRESENTATIVES borhoods of the City even in the midst of Jerome Robbins loved the stage. From his growth. I am extremely pleased to watch Lake Tuesday, August 4, 1998 early years in dance, to his illustrious and well Mary blossom as it provides an outstanding lo- marked career in choreography and directing, Mr. HILLEARY. Mr. Speaker, I rise today to cale for people to live, work and retire. Lake he put his entire self into his work. The integ- congratulate Knox County Sheriff Tim Mary is a great example of an American com- rity of his productions, the ability to roam the Hutchison on being named National Sheriff of munity with citizens, municipal leaders and expanse of artistic expression without bound- the Year by the National Sheriff's Association. local businessmen and women coming to- aries is what helped him make his mark. While A twenty-three year veteran of the Knox gether over the years to make their city out- his theater credits include such well known County Sheriff's Department, Sheriff Hutchison standing in every respect. productions as ``Gyspy,'' ``West Side Story,'' became sheriff in 1990, the first time a person It is my distinct honor to represent such a and ``Fiddler on the Roof,'' it was in ballet that within the department has been elected to the model community as the City of Lake Mary. he felt the freedom in which to create. top position. Congratulations Lake Mary on your first It was through this freedom that he helped Mr. Speaker, Sheriff Hutchison has done an twenty five years! give America its own identity in the world of outstanding job bringing national recognition to f ballet. His first ballet, ``Fancy Free,'' later the largest law enforcement agency in east GEANNCARLO LUGO—THE FUTURE adapted into the Broadway musical ``On the Tennessee. Along with the fine men and OF MEDICAL RESEARCH Town,'' was Jerome's attempt to create a style women of the Knox County Sheriff's Depart- of dance belonging to the United States. The ment, he has done much to modernize the youthful spirit of the show combined traditional agency. The number of department employees HON. BOB FILNER ballet with more popular dances like the has grown to nearly 1,000, including three OF CALIFORNIA Lindie. Jerome created a dance that was the hundred sworn officers and four hundred cor- IN THE HOUSE OF REPRESENTATIVES face of America. rectional officers. Tuesday, August 4, 1998 Jerome captured the spirit of the country and proudly displayed it on stage. He was an Under Sheriff Hutchison's tenure, a new res- Mr. FILNER. Mr. Speaker and Colleagues, I innovator, a paradigm, a great artist whose idential training facility was built using inmate rise before you today to praise Geanncarlo absence will be felt in the ballet and theater labor and drug seizure money, virtually elimi- Lugo from my district who recently completed community for a long, long time. nating any expense to the taxpayer. This facil- the National Institutes of Health (NIH) Under- f ity has graduated more than 120 certified offi- graduate Scholarship Program for Individuals cers from Knox and surrounding counties, from Disadvantaged Backgrounds (UGSP). WELFARE REFORM ACT easing the backlog at the state law enforce- The NIH 10-week summer research program ment training facility. is open only to scholars who have either a 3.5 HON. RON PACKARD Sheriff Hutchison is quick to share this grade point average or are in the top 5 per- OF CALIFORNIA honor with the men and women of the Knox cent of their class. To be eligible, candidates IN THE HOUSE OF REPRESENTATIVES County Sheriff's Department. Knox County has must also be committed to pursuing a career become one of the best law enforcement in biomedical research. The UGSP was set up Tuesday, August 4, 1998 agencies in the country and it is without a for students who might not traditionally have Mr. PACKARD. Mr. Speaker, I rise today to doubt a credit to the vision and leadership of research training opportunities. It was de- acknowledge the success of one of the Re- Tim Hutchison. signed to improve access to undergraduate publican Congress' greatest achievements, the August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1543 Welfare Reform Act. As you know, we will eral national mortgage association. In 1983, RECOGNIZING THE 70TH ANNIVER- soon be celebrating the second anniversary of while serving as a senior partner at SARY OF THE EASTERN MON- the Welfare Reform Act, which was signed Chapdelaine Government Securities, he be- MOUTH AREA CHAMBER OF COM- into law on August 22, 1996. Today, we can came seriously ill and took a one-year medical MERCE proudly proclaim that our critics could not have leave. It was during that year that he got in- been more wrong about the effect of this legis- volved in fundraising for a child from Colts lation. Despite the predictions of many of our Neck, NJ, who was seriously ill. As his son, HON. MICHAEL PAPPAS Edward, recalled in The Asbury Park Press, colleagues from across the aisle and those in OF NEW JERSEY the administration who insisted we were ``He found his calling then.'' The following wrong, our plan to end welfare has proved year, he started up the Rainbow Foundation, IN THE HOUSE OF REPRESENTATIVES successful beyond all expectations. working out of an empty bedroom in his fami- Tuesday, August 4, 1998 Mr. Speaker, the numbers speak for them- ly's Middletown, NJ, home. The first donation to the Foundation was $200,000 from the selves. Welfare rolls have dropped 37 percent Mr. PAPPAS. Mr. Speaker, it is my privilege Karaban family's savings account. Eventually, since their peak in 1994 and 27 percent since to congratulate the members of the Eastern Mr. Karaban devoted himself full-time to the enactment of the Welfare Reform Plan. More Monmouth Area Chamber of Commerce as administration of the Rainbow Foundation, importantly, we've ended the old practice of they commemorate seventy years of service to rewarding people for doing the wrong thing. leaving behind his Wall Street career. Mr. Karaban was widely honored for his Monmouth County and the local business Today's welfare recipients are required to community. An organization rich in history and work and enter job placement programs. Gone years of dedication and devoted service to children in need. In 1995, Governor Whitman deep in tradition, the Eastern Monmouth Area are the days when an able-bodied person Chamber of Commerce is deserving of many could sit at home and collect a bigger check honored him with the Madeline Worthy Wil- liams Youth Advocacy Award, one of the an- well wishes as they celebrate this special each time they added another dependent child nual Governor's Awards, which are the highest event. to their family. honor the state can bestow on an individual. We have not only changed an unhealthy In June of 1928, twelve businessmen from He has also been honored by the Veterans of mind-set in America, we've save taxpayers Red Bank, New Jersey formed the Chamber Foreign Wars, the Middletown Chamber of endless amounts of money. In the 30 years of Commerce of Red Bank. Thanks to a con- Commerce, the New Jersey National Associa- before a Republican Congress reformed wel- tinued history of dedicated leadership, this or- tion of Social Workers, and New Jersey fare, American taxpayers spent $5 trillion on a ganization has grown far beyond the borders Monthly Magazine, among others. He served program that had virtually no effect in reducing of Red Bank to become the Eastern Mon- on a variety of organizations, including the mouth Area Chamber of Commerce. poverty or improving lives. Governor's Task Force on Child Abuse and Mr. Speaker, Americans want to lead pro- Neglect, to which he was appointed in 1990 Today, the organization serves the ten town ductive lives. We've not only given the thou- by former Governor Thomas Kean, the area of Eatontown, Fair Haven, Little Silver, sands of people on welfare rolls the benefit of Knights of Columbus, Vince Lombardi Council, Monmouth Beach, Oceanport, Rumson, Sea the doubt, we've given them a chance. Our ef- Middletown, the Bishop McFaul Assembly, the Bright, Shrewsbury and Tinton Falls, as well forts have helped end a viscious cycle that Middletown Police Department Advisory Board as the original town, Red Bank. The Chamber trapped people into dependency. I am proud and he was an honorary chairperson of Catho- draws its membership from all over Central to have been a part of this historic effort and lic Schools Week at St. Mary's Grammar New Jersey and beyond. In 1991 the group of- I commend my colleagues for helping to make School, New Monmouth. He was a member of ficially changed its name from the Red Bank welfare reform a reality. St. Agnes Roman Catholic Church, where he Area Chamber of Commerce to the Eastern f was a lector and Eucharistic minister. Monmouth Area Chamber of Commerce, sig- Mr. Speaker, it was about two years ago nifying the organizations continuing expansion. TRIBUTE TO THOMAS V. KARABAN that Mr. Karaban began treatment for cancer. The Chamber has not only served local Throughout this personal ordeal, Mr. Karaban businesses, but it has also served the entire HON. FRANK PALLONE, JR. retained his optimism and his deep religious county at large with excellence, exhibiting an OF NEW JERSEY faith never wavered. Indeed, as his family and admirable sense of community involvement. IN THE HOUSE OF REPRESENTATIVES his many, many friends were aware, it was his Some of the Chamber's most significant Tuesday, August 4, 1998 abiding faith that sustained Mr. Karaban's tire- events include a celebration of Food and Jazz less and selfless dedication to helping chil- held every June in Marine Park and the Spin- Mr. PALLONE. Mr. Speaker, last week, our dren. When he passed away, Mr. Karaban community lost one of its brightest lights with naker Awards which honor local citizens who was surrounded by his family and at peace. have worked hard for the betterment of the the passing of Thomas V. Karaban of Atlantic Perhaps Mr. Karaban himself best summed Highlands, NJ. Mr. Karaban, who died on Sat- communities in which they reside. This dedi- up the motivation behind his inspiring commit- cated group of business leaders has also urday, August 1, 1998, at the age of 53, gave ment to serving others: ``They say the greatest up a lucrative career on Wall Street to found worked tirelessly for the expansion and im- legacy anyone can leave is to leave the world provement of local business through events a children's charity, the Rainbow Foundation. a better place than you found it. I try very, such as Expo-Net, which allows local Since its founding in 1984, the Rainbow Foun- very hard to practice faith. When you try to businesspeople to make the connections they dation has provided 3,000 children in New Jer- practice your faith, you want to love God. The need in order to thrive in today's market econ- sey with wheelchairs, Christmas presents, air easiest way I can love God is to love children. omy. fare to hospitals and other needs. While we I can't put my arms around God, but I can put mourn his loss, Mr. Karaban's life is a cause my arms around a kid.'' During the past two years, Money Magazine for great celebration. His legacy of trying to Mr. Karaban leaves behind a loving family, has rated Monmouth County as one of the ease the sorrow of gravely ill children will en- including his wife, Margaret, two sons and a best places in America to live. Without res- dure for years to come. daughter, and many other relatives, as well as ervation, I believe that the role that the Cham- Mr. Speaker, the story of Tom Karaban is countless loyal friends who have been ber has played in the county has made a sig- one of those inspirational, ``only in America'' touched by his kindness, generosity and nificant contribution in the county receiving success storiesÐbut, in the case of Mr. warmth. In what Tom would no doubt consider that recognition. I again offer my congratula- Karaban, success is measured in terms of a fitting tribute, the Karaban family has asked tions to the Eastern Monmouth Area Chamber what he gave back and how he enriched oth- that, in lieu of flowers, contributions be made of Commerce for its seventy years of service ers. A native of Brooklyn, NY, Mr. Karaban to the Rainbow Foundation. To keep the Rain- to local communities and businesses and ex- worked for Chase Manhattan Bank and East- bow Foundation going strong would be the press my best wishes that this organization man Dillion Union Securities before becoming best tribute we could make to the life and continue to grow and succeed in its pursuits Deputy Fiscal Agent for Fannie Mae, the fed- work of Mr. Thomas V. Karaban. throughout Monmouth County. E1544 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998

IN TRIBUTE stuff, stations would boast of what they were AS), Representative ALCEE HASTINGS (D±FL), doing for the community’s children as they Representative JAY KIM (R±CA), Representa- SPEECH OF now boast of ratings. And advertisers would tive DONALD MANZULLO (R±IL) and Represent- be very pleased to be seen as servicing the HON. ROBERT A. BRADY ative MATT SALMON (R±AZ). community. To date, the task force has prepared four OF PENNSYLVANIA It comes down to responsibility. I have quarterly reports assessing how the reversion IN THE HOUSE OF REPRESENTATIVES deep convictions, and I know that there is in the human spirit hate and violence and other has affected Honk Kong. The fourth report, Tuesday, July 28, 1998 dark emotions. It is right that we should ac- which I submit today, covers the period of Mr. BRADY of Pennsylvania. Mr. Speaker, I knowledge them on TV in responsible ways. April through June, 1998, during which there rise to echo all the remarks made by my col- We should also acknowledge that in every was no actual visit to Hong Kong by the Task leagues. My father was a police officer and I human spirit there is the desire to learn and Force. (A visit had been scheduled during the know how our family felt every time he went laugh and do good and help other people. July 4th district work period, but scheduling I wanted to end here. Unfortunately, Lamb to work protecting the people under his juris- difficulties forced cancellation of the visit.) De- Chop has insisted on being heard today. This spite a number of concerns about the ailing diction. I can only imagine what the families of was not my idea. I do not approve of it. My Officer Jacob J. Chestnut and Special Agent mother says it is not dignified. However, economy, as well as concerns in the areas of John M. Gibson are going through right now, Lamb Chop insisted. So if you will excuse freedom of expression, the independence of the emptiness, the pain and the sorrow. me, I will get her. the media, and the protection of intellectual I can only hope that the bravery and the dis- Lamb Chop, come on. property rights, we continue to describe the tinguished act of courage by these two out- STATEMENT OF LAMB CHOP situation as ``so far, so good.'' Most notably, standing police officersÐand the more than Miss LAMB CHOP. Mr. Chairman, I would Hong Kong held remarkably successful elec- appropriate tribute being paid to them will like to know, am I on my own time, or do I tions for the first post-reversion Legislative ease just a little of their pain and make the get only part of Shari’s? Council. Mr. Speaker, this Member submits the Task days pass a little easier for the Chestnut and Mr. MARKEY. You get your own time, Lamb Chop. Force report and asks that it be printed in full Gibson families. Miss LAMB CHOP. Thank you, sir. in the RECORD. f Mr. Chairman—— THE SPEAKER’S TASK FORCE ON THE HONG Ms. LEWIS. What do you have on your IN MEMORY OF MS. SHARI LEWIS KONG TRANSITION: FOURTH REPORT, JULY mind? 23, 1998 Miss LAMB CHOP. It is not what is on my HON. EDWARD J. MARKEY mind, it is what is in my heart. (Presented by Hon. Doug Bereuter, Chairman) OF MASSACHUSETTS Ms. LEWIS. All right. The following is the fourth quarterly re- IN THE HOUSE OF REPRESENTATIVES What do you have to say? Miss LAMB CHOP. I want to say—— port of the Task Force on the Hong Kong Tuesday, August 4, 1998 Ms. LEWIS. All right. Go ahead. Speak from Transition. It follows the first report dated your little lamb heart. October 1, 1997, the second report dated Feb- Mr. MARKEY. Mr. Speaker, I rise to honor ruary 25, 1998, and the third report dated the memory of Ms. Shari Lewis, America's Miss LAMB CHOP. I can’t do it with you sit- ting there. Go away. May 22, 1998. This report focuses on events Gentle Giant of Children's TV. Ms. LEWIS. No, darling, I can’t go away. If and development relevant to United States This child of a magician who wove so much I am not here, you can’t talk at all. Talk. interests in Hong Kong between April 1, 1998, TV magic in the minds of America's young Miss LAMB CHOP. All right, but if you want and June 30, 1998—the fourth quarter follow- people died last Sunday after a tough battle to interrupt, lift your hand. Your left hand. ing Hong Kong’s reversion to China. It has been one year since Hong Kong re- Mr. Chairman, I have been entertaining with cancer. To everyone who knew Shari, to verted to Chinese sovereignty on July 1, 1997. children for 35 years, which is a long time in everyone she may have come in contact with Looking back at those last few weeks of the life of a 6 year old. however briefly, she was warm and generous June, 1997, we recall that the reversion was I would like to say that we really need and curious and spirited, leaving you with the viewed with a mixture of excitement and your help and your care and concern, and we feeling that someone special had just treated trepidation. Many observers, both in Hong need the best that you grown-ups have to Kong and abroad, worried aloud that Beijing you as someone special. offer. And if you give it to us, we will give This talent for spreading kindness was so might be unable to resist the temptation to the good stuff back. Not only to you, but to meddle in Hong Kong’s internal affairs, de- powerful that it translated perfectly through tel- our own children as well. spite China’s commitment in the Joint Dec- evision to the enormous delight of America's Ms. LEWIS. Lamb Chop, I couldn’t have said laration to ‘‘one-country, two-systems’’ and children. She gave her voice, literally, to her that better myself. its agreements to grant Hong Kong auton- famous companion Lamb Chop, a sock puppet Miss LAMB CHOP. I know. omy over all matters except foreign affairs with spunk and wisdom, and the two of them Ms. LEWIS. Say good-bye, Lamb Chop. and defense for fifty years. Skeptics ques- Miss LAMB CHOP. Good-bye, Lamb Chop. tioned whether Hong Kong would continue created a world of learning, thought and fun Ms. LEWIS. Good-bye, everybody. on public television. its traditions of freedom of expression and Thank you. were concerned about the apparent roll back In 1993, I held an oversight hearing to ex- f in democratization of the new electoral sys- amine broadcaster compliance with the Chil- tem. Businessmen wondered whether Hong dren's Television Act of 1990. Shari Lewis was THE FOURTH QUARTERLY REPORT Kong would maintain the rule of law upon kind enough to testify, and Lamb Chop pro- OF THE SPEAKER’S TASK FORCE which its international commercial promi- vided a separate statement. In honor of this ON THE HONG KONG TRANSITION nence is based. Other observers, concerned wonderful woman, the world she helped create with security issues, questioned Hong Kong’s for our children, and the angel-on-the-shoulder continued ability to maintain effective ex- port controls. quality of her plea to the broadcasting commu- HON. DOUG BEREUTER OF NEBRASKA The fourth quarter following revision can nity for a higher commitment to educational briefly be summed up as both ‘‘good news IN THE HOUSE OF REPRESENTATIVES programming for children, I ask the concluding and bad news.’’ The good news was that Hong words of Shari's statement, in which she chal- Tuesday, August 4, 1998 Kong’s citizens confounded political pundits lenges the industry to step up to its edu- by turning out in record numbers for the Mr. BEREUTER. Mr. Speaker, this Member first post-reversion election of its Legisla- cational programming obligations for children, rises today to submit the Fourth Quarterly Re- as well as the entire statement of ``Miss Lamb tive Council. The bad news was that the fi- port of the Speaker's Task Force on the Hong nancial crisis which had engulfed much of Chop,'' be inserted in the RECORD, as follows: Kong Transition. It has been slightly more than southeast Asia from mid-1997 finally, unfor- PARTIAL STATEMENT OF MS. SHARI LEWIS one year since Hong Kong reverted to Chi- tunately, made its impact on Hong Kong. But the commitment to accept the chal- nese sovereignty on July 1, 1997. Prior to that POLITICAL PARTICIPATION—A SURPRISINGLY lenge, the very real challenge, should be at historic event, and at your request, Mr. Speak- ENTHUSIASTIC POPULACE the heart of the industry and the basis for er, this Member formed the House Task Force On May 24, Hong Kong held its first elec- broadcast renewal. If all broadcasters were on Hong Kong's Transition. In addition to my- tion for its Legislative Council (LegCo) regulated so they had to provide good stuff self as chairman, the Task Force is under the new, controversial election law equally, perhaps there would be a race for adopted by the post-reversion, Beijing-ap- quality, just as there now is a race for mar- bipartisanly balanced in its membership, in- pointed legislature. The new law rolled back ket share. cluding Representative HOWARD BERMAN (D± key provisions of election reforms finally in- If each broadcaster had to provide a mini- CA). Representative SHERROD BROWN (D± stituted by the last British colonial gov- mum amount of educational, information OH), Representative ENI FALEOMAVAEGA (D± ernor, Chris Patten, in 1995. For example, it August 4, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1545 maintained the original formula of twenty ism without overt interference from authori- ble-priced highs of 1997, returning to their LegCo members to be directly elected by ties in Hong Kong or Beijing. Nonetheless, 1996 levels. The Hang Seng Index has fol- popular vote, thirty to be elected by ‘‘func- concerns of self-censorship continue. The lowed the real estate downward slide, falling tional constituencies’’ (initiated by the Brit- Hong Kong Journalists Association, in its re- at one point to 40% below its all time high of ish in 1985), and ten to be chosen by an Elec- cently issued annual report, noted that self- August last year. It ended June at 8,543 tion Committee. However, the ‘‘functional censorship was ‘‘nor worse’’ than in the year points. The market did not respond posi- constituent’’ electorate was reduced from ap- prior to reversion. It noted, however, that tively to the government’s stimulus package proximately 2.7 million voters under the 1995 concerns were on the rise about the self-cen- (described below), and also remained con- British reforms to about 180,000 voters. Of sorship of reporting on independence-related cerned about the Japanese economy, China’s course, the widespread view in Congress is activities in Tibet, Taiwan or Xinjiang. Re- commitment to maintaining the renminbi, that direct election is preferable to func- cently, for example, the Western media gave and regional economic woes. Finally, Hong tional constituencies and that the members considerable attention to a local Hong Kong Kong’s tourism industry has been badly af- elected by the special Election Commission television reporter who claimed that his re- fected by the decline in visitors from the make the process less than fully democratic. port on the independent movement in flagging economies of East Asia, and Hong Because of the complex and cumbersome Xinjiang was kept off the air for political Kong is now projecting a minus six percent electoral system, many observers predicted reasons. growth in tourist arrivals and a decline of voter apathy and a low turnout. Happily, This aspect of freedom of expression and eight percent in tourism revenues in 1998. these predications proved wrong. Despite how it applies to expressions about certain The positive news in Hong Kong is that the torrential rains, a record 53.3 percent of eli- sovereignty issues in China is especially im- Hong Kong Government is responding. Chief gible voters cast ballots, compared to 35,8 portant because Hong Kong’s Legislative Executive Tung proposed a stimulus package percent in 1995. The Democratic Party and Council will soon be considering a measure of $5.67 billion U.S. dollars in June. The its allies won 65 percent of the popular vote, to define subversion. Moreover, Chief Execu- multi-part package is aimed in part at eas- but were held to only 20 of the 60 seats be- tive Tung has widely stated that he believes ing the credit and liquidity crunch by imme- cause of the complex elections rules. The Hong Kong people should not be freely ex- diately exempting interest income earned lo- Democratic Party alone won 43 percent of pressing their support for independence for cally from profits tax and setting up a credit the popular vote and will be the largest places like Taiwan, Tibet and Xinjiang. guarantee system for small to medium busi- party in the new LegCo. In effect, Hong Therefore, a crucial test of Hong Kong’s ad- nesses. The government also suspended all Kong’s voters have created the first opposi- herence to free expression will be whether land sales until next March—thus reducing tion bloc in the history of communist-ruled mere expressions of support for independence the downward pressure on the real estate China. for those areas will be punishable under law. market—while at the same time increasing Following the election, seven parties cross- Beijing authorities, however, continue to assistance for new home buyers. It also im- ing ideological lines and representing 41 of bend over backward to avoid the appearance posed a freeze on pay raises for top civil serv- the 60 members of the new legislature agreed of direct interference. At the time of Chinese ants. The stimulus package will force the on a blueprint to create jobs and revive Hong Prime Minister Zhu Rongji’s early April highly efficient civil service to wipe out an Kong’s ailing economy. In an extraordinary visit to France, a senior Chinese foreign min- anticipated budget surplus and to run a defi- challenge to C.H. Tung’s notion of executive- ister official rebuked a Hong Kong television cit of $2.7 billion U.S. dollars in 1998–1999— led government, the coalition threatened to reporter accompanying the visit after the re- the largest deficit since the early 1980s. In block all of the administration’s legislation ported asked Zhu what he felt about the earlier measures, the government eased trav- and funding unless it played ball. The two demonstrators. The subsequent uproar over el requirements for travelers from both Tai- sides averted a showdown by agreeing to a this perceived threat to press freedom led wan and the mainland in an effort to boost dialogue aimed at finding solutions to Hong premier Zhu to publically criticize the Chi- tourism. Confidence in the Hong Kong dollar Kong’s economic troubles. nese diplomat for having a ‘‘bad attitude.’’ remained high, with the ratio of Hong Kong Many Hong Kongers now hope that the The controversy eventually died down. dollars to total bank deposits in May un- high voter turnout and strong showing of the A fair and independent judiciary is another changed from April’s 57.7 percent, and the Democrats and their allies will hasten the critical element of international confidence ratio of foreign currency to total bank de- pace toward full universal suffrage. Presi- in Hong Kong. In general, the Hong Kong ju- posits ending the month of May at a healthy dent Clinton buoyed those hopes during his diciary continues to operate independently 42.3 percent. July 1–3 visit to Hong Kong (the first by a and without taint of political influence. Dur- Despite its considerable economic woes, sitting president), when he called for ‘‘more ing the past quarter, we noted no new in- Hong Kong still maintains the third largest democracy, not less, and faster, not slower, stances, as we did in the previous quarter, holding of foreign currency reserves in the strides toward political freedom.’’ Accelerat- which would call into question the judi- world. With $96.2 billion U.S. dollars, they ing the pace toward universal suffrage, how- ciary’s independence or its vulnerability to are behind only Japan and China in that cat- ever, would require amendment of the Basic Chinese influence. egory. Moreover, Hong Kong has not jetti- Law, Hong Kong’s mini-constitution, which On a more positive note, the Hong Kong soned its free market ideology and ranks 2d stipulates that a fully directly elected LegCo government clarified in April that the first on the competitiveness rankings of the will not be considered before the year 2007. official post-handover human rights report World Economic Forum and 1st in the Herit- Amendment, however, requires approval by to be submitted to the United Nations by the age Foundation’s ranking. Negative eco- both the chief executive and China’s Na- SAR government will not be amended by nomic growth and rising unemployment has tional People’s Congress, and thus is viewed Beijing. This report is submitted under the put strong pressure on authorities to ‘‘untie‘‘ as highly unlikely. International Covenant on Civil and Politi- the ‘‘peg’’ that has bound the Hong Kong dol- RULE OF LAW—FREEDOM OF EXPRESSION cal Rights and the International Covenant lar to the U.S. dollar at HK $7.8 to one U.S. As we have noted in earlier reports, inter- on Economic, Social and Cultural Rights. dollar for the past 15 years. Hong Kong au- national confidence in Hong Kong is based on The report will be submitted through Bei- thorities have repeatedly assured skeptics the commitment of Hong Kong’s authorities jing, but will not be subject to Beijing’s re- that they have both the foreign exchange re- to the rule of law inherited from the British. view. serves and the political will to maintain the An integral part of this is the ‘‘check’’ on ECONOMIC DEVELOPMENTS U.S./Hong Kong dollar linked exchange rate the abuse of authority provided by the free Ironically, the greatest immediate threat system. expression of opinion. During this quarter, to Hong Kong’s prosperity stems not from its TRADE ISSUES we find again that the people of Hong Kong reversion to China but from the external While the Asian Financial Crisis has seri- largely continue to express themselves with- events of the Asian Financial Crisis. It just ously jolted and hurt Hong Kong’s economy, out restraint. On June 4, for example, more posted its second quarter of negative growth it has also highlighted Hong Kong’s serious than 16,000 protesters held the first com- following a 2% contraction in the first quar- and unhealthy dependence on entreport memoration of the Tiananmen Incident since ter of 1998. It is now clear that Hong Kong is trade between the United States and China. reversion. While the crowd was lower in in a recession for the first time in 13 years. Entreport trade is one of the few economic number than in 1997, the high turnout belied Almost no one (including Hong Kong offi- areas still registering positive growth as skeptics who had predicted interference. cials) predicts an early turnaround. compared, for example, to exports from do- Similarly, political activists protesting Ja- This negative growth led to an unemploy- mestic manufacturing in Hong Kong. pan’s occupation of the Diaoyu Islands ment rate of 4.5 percent in for the months For Hong Kong, its reliance on entreport (Senkakus) have operated freely. Hong Kong April-June, a 15 year high, concentrated in trade is both good and bad. The United authorities report that it has not denied any the retail, restaurant and transport sectors. States is still growing and buying more and application for a demonstration permit since Retail sales dropped 16 percent in April over more Chinese manufactured goods. This pro- reversion and that the number of demonstra- April 1997, due largely to reduced tourism, a vides an excellent export market for Hong tions has actually increased from an average marked correction in the asset markets and Kong. Nevertheless, the bad news for Hong of 80 per month prior to reversion to between reduce local consumer demand. Additionally, Kong is that our current trade deficit with 150 and 160 per month. Hong Kong’s real estate bubble has burst and China ($50 billion last year and projected to Hong Kong’s media also continues to prac- commercial and residential property prices be $60 billion this year) is politically and tice its traditional vibrant style of journal- at the end of June were 40% below their bub- economically unsustainable. And if the E1546 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 1998

China trade deficit issue is not addressed by SECURITY AND RELATED ISSUES example, the transhipment of textiles increased market access for U.S. firms to There are three primary security related through Macao continues. But primary China, then Hong Kong could get hit with issues with Hong Kong—ship visits, PLA ac- among our economic concerns is Macao’s collateral damage from a frustrated America tivities and export controls. First, the U.S. role as a manufacturing center for pirated and the U.S. Government—even if it does ev- Navy continues to enjoy an excellent rela- goods, particularly pirated compact discs. To erything right. tionship with Hong Kong in terms of ships date, Macao has yet to develop adequate leg- The pirating of movies, audio and software visit. With the loss of Subic Bay as a major islation, enforcement mechanisms and man- compact discs continues to be the most seri- installation, these port-of-call visits have be- power to tackle this problem. Macao also ous bilateral trade issue between the United come extremely important for the effective lacks legislation on money laundering. It is States and Honk Kong. In recent months. functioning of our naval forces in East and in U.S. interests to press Macao’s authorities Hong Kong has stepped up its anti-piracy en- Southeast Asia. The relationship with Hong to move forward expeditiously to correct forcement efforts and implemented a new Kong port authorities since the reversion has those shortcomings. copyright law. The new law, among other been outstanding. We are unaware of any se- As we noted in our third quarterly report, things, gives officials greater enforcement curity problems in the 65 port calls since the Macao’s Portuguese administrators have capabilities against illicit production facili- reversion. As an added benefit, the resident still not made adequate arrangements to re- ties. Hong Kong customs authorities, which People’s Liberation Army (PLA) officials place themselves with local Macanese offi- have had primary jurisdiction for enforcing certainly have developed a better apprecia- IPR legislation, were recently joined by tion of the power and flexibility of the U.S. cials and are well behind where the British Hong Kong’s highly respected Independent Navy. were 18 months before the handover of Hong Commission Against Corruption (ICAC), The second security concern is related to Kong. They have also allowed the law and which combats corruption and triad-related the influence of the PLA and the Chinese de- order situation to deteriorate. Throughout crime. The ICAC in April carried out a fense industries in Hong Kong business. Cer- the spring, news reports of gangland slayings ‘‘mega-raid’’ that netted over eight million tainly, there is concern regarding the PLA’s and attacks on public officials repeatedly video compact discs in the course of an in- surreptitious acquisition of militarily sen- filled the news, seriously affecting Macao’s vestigation against one of Hong Kong’s most sitive technologies. We have no evidence to tourism. China and Portugal exchanged fre- senior customs officials (subsequently date of direct involvement by PLA entities quent barbs accusing each other of contrib- charged with tipping off a pirating syndicate in Hong Kong (estimated at nearly 200 com- uting to the growing spiral of public vio- about planned raids). Not long after, customs panies) in acquisition of sensitive tech- lence. Finally, following the early May followed with a raid which yielded an addi- nology. Yet to the extent that PLA entities firebombing of police chief’s car, authorities tional 2.2 million compact discs. Further operating in Hong Kong are engaged in arms performed a massive crackdown, netting two productive raids were made in June. trading or acquisition of Western tech- dozen suspected triad society members, in- Despite these efforts, the intellectual prop- nology, Hong Kong’s relations with the U.S. cluding Macao’s most notorious gangster, erty rights (IPR) situation in Hong Kong re- will be put at risk. Their activity, or lack ‘‘Broken Tooth’’ Wan. Local police have now mained sufficiently troublesome of warrant thereof, will be an important determinant in been reinforced by 20 criminal investigation its designation by USTR on the Special 301 future congressional attitudes. experts from Portugal. We applaud strength- Watch List for the third year in a row on The implementation of export controls is a ened measures against organized crime. It may 1, 1998. The ongoing IPR problem was third area of security-related concern. We will be difficult for the territory to complete demonstrated again when a pirated pre-re- are pleased to note no new incidents of ex- smooth transition unless it brings the intol- lease version (‘‘beta version’’) of ‘‘Windows port control violations to report this quar- erable situation under control. ter. Hong Kong continues to exercise auton- 98’’ appeared on Hong Kong streets well be- CONCLUSION fore the official release of the software in the omy as a separate customs territory within United States. The local media reports that China and to demonstrate vigorous enforce- The Hong Kong Transition Task Force has Hong Kong authorities are considering ment of its strict export control regime. ended our previous three quarterly reports stronger measures to combat piracy, includ- United States officials continue to conduct with the assessment ‘‘so far, so good.’’ This ing applying the Organized and Serious pre-license and post-shipment inspections. time, we cautiously repeat that assessment, Crime Ordinance to violators (which would Moreover, U.S. and Hong Kong customs offi- but with a few caveats. On the economic allow their assets to be seized) and punishing cials continue their close cooperation and, in front, we recognize that the external forces landlords who lease shops to retailers of pi- July, will hold the second in the most recent affecting Hong Kong are beyond its control rated material. series of consultations on licensing, enforce- and complicate the transition in unexpected Money laundering also remains a very seri- ment and the exchange of information. and unpredictable ways. We were encouraged ous concern in U.S. bilateral relations with MACAO by the demonstration of support for demo- Hong Kong. As we have noted in earlier re- The Portuguese colony of Macao will re- cratic institutions shown in the May elec- ports, the same favorable factors that make vert to Chinese rule on December 20, 1999, tion and applaud those elements pressing to Hong Kong one of Asia’s most important fi- after 442 years. Like Hong Kong, this terri- accelerate the move toward universal suf- nancial centers also make it attractive to tory of 500,000 people, 95 percent of whom are frage. We continue to be satisfied with the criminals wishing to conceal the source of ethnic Chinese, will become a Special Ad- restraint shown by the Chinese government their funds through money laundering. It is ministrative Region with a ‘‘one country, in its handling of Hong Kong, at least to the important that Hong Kong work harder with two systems’’ formula for the next 50 years. extent visible to outside observers. We are the international community to improve its As we noted in our previous quarterly report, concerned, however, by what appears to be laws and enforcement in this vital area. We however, a number of the transition issues growing self-censorship, although we admit note, in that regard, that Hong Kong is a for Macao are very different from those faced that the phenomenon of self-censorship is member of the Egmont Group (the inter- by Hong kong. Unlike Hong Kong, for in- difficult to document or quantify. Undoubt- national group which combats money laun- stance, the legislature elected under colonial edly, the coming months will bring new chal- dering) and that Taiwan joined in June. rule will remain in place. lenges to Hong Kong and the region. It is im- Some observers expect Taiwan’s inclusion to While U.S. interests in Macao are not near- portant that the international community create a new dynamic in East Asian efforts ly as large as those in Hong Kong, they none- and Congress continue to closely monitor de- to fight money laundering. theless require our continued attention. For velopments there. Tuesday, August 4, 1998 Daily Digest Senate Chamber Action Committee Meetings Senate was not in session today. It will next meet No committee meetings were held. at 12 noon on Monday, August 31, 1998. h House of Representatives and Health Administration to recognize that elec- Chamber Action tronic forms of providing Material Safety Data Sheets Bills Introduced: 12 public bills, H.R. 4388–4399; provide the same level of access to information as 1 private bill, H.R. 4400; and 2 resolutions, H. paper copies and to improve the presentation of safe- Con. Res. 316–317, were introduced. Pages H7177±78 ty and emergency information on such Data Sheets; Reports Filed: Reports were filed today as follows: Pages H7008±11 H.R. 1865, to designate certain lands in the San Ocean Shipping Reform Act: S. 414, amended, to Isabel National Forest, in Colorado, as the Spanish amend the Shipping Act of 1984 to encourage com- Peaks Wilderness (H. Rept. 105–673); petition in international shipping and growth of H.R. 3498, to amend the Magnuson-Stevens Fish- United States exports; Pages H7011±19 ery Conservation and Management Act to authorize Airport Improvement Program Reauthorization the States of Washington, Oregon, and California to Act: H.R. 4057, amended, to amend title 49, regulate the Dungeness crab fishery in the exclusive United States Code, to reauthorize programs of the economic zone, amended (H. Rept. 105–674); and Federal Aviation Administration; Pages H7020±37 H. Res. 516, providing for consideration of H.R. 3892, to amend the Elementary and Secondary Edu- Credit Union Membership Access Act: Agreed to cation Act of 1965 to establish a program to help the Senate amendment to H.R. 1151, to amend the children and youth learn English (H. Rept. Federal Credit Union Act to clarify existing law and 105–675). Page H7177 ratify the longstanding policy of the National Credit Union Administration Board with regard to field of Recess: The House recessed at 9:33 a.m. and recon- membership of Federal credit unions—clearing the vened at 10:00 a.m. Page H7005 measure for the President; Pages H7037±52 Private Calendar: On the call of the Private Cal- Elimination of Restrictions on U.S. Agricultural endar, the House passed H.R. 379, for the relief of Products: H. Con. Res. 213, amended, expressing Larry Errol Pieterse, and H.R. 2744, for the relief of the sense of the Congress that the European Union Chong Ho Kwak. The House passed over without is unfairly restricting the importation of United prejudice S. 1304, for the relief of Belinda States agriculture products and the elimination of McGregor. Pages H7005±06 such restrictions should be a top priority in trade ne- Suspensions: The House agreed to suspend the rules gotiations with the European Union (agreed to by a and pass the following measures: yea and nay vote of 420 yeas to 4 nays, Roll No. OSHA Recognition of Electronic Forms: H.R. 380). Agreed to amend the title; 4037, amended, to require the Occupational Safety Pages H7052±57, H7104

D895 D896 CONGRESSIONAL RECORD — DAILY DIGEST August 4, 1998 Technical Changes to Trade Laws: H.R. 4342, The Blagojevich amendment numbered 41 printed amended, to reduce waste, fraud, and error in Gov- in the Congressional Record that allocates $5 million ernment programs by making improvements with to expand the community prosecution program; respect to Federal management and debt collection Page H7142 practices, Federal payment systems, and Federal ben- The Traficant amendment that requires the Direc- efit programs; Pages H7057±71 tor of the Bureau of Prisons to conduct a study to Library of Congress Bicentennial Commemora- evaluate the growth and development of private pris- tive Coin Act: H.R. 3790, to require the Secretary ons, the training qualifications of personnel, and the of the Treasury to mint coins in commemoration of security procedures of the facilities. The study shall the bicentennial of the Library of Congress; be submitted to the Committees on the Judiciary of Pages H7071±72 the House and Senate 270 days after enactment; Pages H7161±62 Designating James F. Battin Courthouse: H.R. The Sanders amendment numbered 45 printed in 3696, amended, to designate the Federal Courthouse the Congressional Record that increases funding for located at 316 North 26th Street in Billings, Mon- the Small Business Administration Womens’ Busi- tana, as the ‘‘James F. Battin Federal Courthouse’’. ness Development programs by $2 million; Agreed to amend the title; Pages H7072±73 Pages H7164±65 Designating Joseph P. Kinneary Courthouse: S. The Farr amendment that increases funding for 1800, to designate the Federal building and United the National Ocean Service by $1 million; States courthouse located at 85 Marconi Boulevard in Page H7169 Columbus, Ohio, as the ‘‘Joseph P. Kinneary United The Millender-McDonald amendment numbered States Courthouse’’—clearing the measure for the 32 printed in the Congressional Record that in- President; and Page H7074 creases funding for the National Womens’ Business WIPO Copyright Treaties Implementation Act: Council by $250,000. Pages H7172±73 H.R. 2281, amended, to amend title 17, United Rejected: States Code, to implement the World Intellectual The Skaggs amendment, as amended, that sought Property Organization Copyright Treaty and Per- to eliminate $9.4 million funding for TV Marti and formances and Phonograms Treaty. Agreed to amend retain $2,000 for other international broadcasting the title. Pages H7074±H7103 programs (rejected by a recorded vote of 172 ayes to 251 noes, Roll No. 382); Pages H7107±16 Commerce, Justice, State Appropriations: The The Souder amendment that sought to increase House continued consideration of amendments to funding for the Drug Courts program by $6 million H.R. 4276, making appropriations for the Depart- (rejected by a recorded vote of 91 ayes to 327 noes, ments of Commerce, Justice, and State, the Judici- Roll No. 383); Pages H7119±26, H7158±59 ary, and related agencies for the fiscal year ending The Bass amendment numbered 10 printed in the September 30, 1999. Pages H7104±75 Congressional Record that sought to reduce funding Agreed To: for the Advanced Technology Program by $43 mil- The Mollohan amendment that increases funding lion and transfer $19.5 million of that amount for for the Legal Services Corporation by $109 million grants under the Edward Byrne Memorial State and (agreed to by a recorded vote of 255 ayes to 170 Local Law Enforcement Assistance Programs (rejected noes, Roll No. 381). The amendment was debated by a recorded vote of 155 ayes to 267 noes, Roll No. on August 3; Pages H7104±05 384); Pages H7127±35, H7159 The Ensign amendment that increases funding for The Scott amendment numbered 9 printed in the the Drug Courts program by $3 million; Page H7106 Congressional Record that sought to transfer $105 The Moran of Virginia amendment to the Skaggs million from Truth in Sentencing Incentive Grants amendment that eliminates funding for TV Marti to other programs including Boys and Girls Clubs, and retains $2,000 for other international broadcast- Court Appointed Special Advocates, Substance Abuse ing programs (The Skaggs amendment, as amended, Treatment for State prisoners, and Drug Courts (re- was subsequently rejected by the Committee); jected by a recorded vote of 149 ayes to 271 noes, Pages H7108±15 Roll No. 385); Pages H7135±40, H7159±60 The Jackson-Lee amendment that increases fund- The Gutknecht amendment that sought to in- ing for the Community Relations Service by crease the Weed and Seed program funding by $6 $500,000; Pages H7117±19 million and reduce the Public Telecommunications August 4, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D897 Facilities Program funding by the same amount (re- jected by a recorded vote of 136 ayes to 286 noes, Committee Meetings Roll No. 386); and Pages H7140±42, H7160±61 MISCELLANEOUS MEASURES The DeGette amendment that sought to strike Committee on Banking and Financial Services: Sub- section 103 that prohibits any funds to be used to committee on Financial Institutions and Consumer pay for an abortion except where the life of the Credit approved for full Committee action amended mother is endangered, or in the case of rape (rejected the following bills: H.R. 3617, Community Devel- by a recorded vote of 148 ayes to 271 noes, Roll No. opment Financial Institutions Fund Amendments 387). Pages H7143±46; H7161 Act of 1998; H.R. 4364, Depository Institution Withdrawn: Regulatory Streamlining Act of 1998. The Metcalf amendment that sought to repeal Sec. 110 of the Illegal Immigration Reform and Immi- PORTALS INVESTIGATION grant Responsibility Act of 1996; and Pages H7146±47 Committee on Commerce: Subcommittee on Oversight The Jackson-Lee amendment that sought to pro- and Investigations held a hearing on the cir- hibit the transfer of any handgun without a trigger cumstances surrounding the FCC’s planned reloca- locking device. Pages H7147±48 tion to the Portals, including the efforts of Franklin Pending: L. Haney and his representatives with respect to this The Pallone amendment numbered 44 printed in matter and the circumstances surrounding the pay- the Congressional Record that seeks to increase fund- ment of fees to those representatives. Testimony was ing for non-point source pollution control by $8 heard from Franklin L. Haney, Franklin L. Haney Company. million; Pages H7165±67 The Engel amendment that seeks to increase fund- Hearings continue August 7. ing for the Public Telecommunications Facilities IMPEDIMENTS TO UNION DEMOCRACY Planning (PTFP) program by $5 million; Committee on Education and the Workforce: Subcommit- Pages H7167±69 tee on Employer-Employee Relations continued hear- The Royce amendment numbered 15 printed in ings on Impediments to Union Democracy, Part III: the Congressional Record that seeks to eliminate Rank and File Rights at the American Radio Asso- $180.2 million funding for the Advanced Tech- ciation. Testimony was heard from public witnesses. nology Program (ATP); Pages H7169±70 The Bartlett amendment numbered 3 printed in CAMPAIGN FINANCING INVESTIGATION— the Congressional Record that seeks to strike the NEED FOR INDEPENDENT COUNSEL funding for payment of arrearages to meet obliga- Committee on Government Reform and Oversight: Held a tions of membership in the United Nations, and to hearing on ‘‘The Need for an Independent Counsel pay assessed expenses of international peacekeeping in the Campaign Finance Investigation’’. Testimony activities; and Pages H7170±72 was heard from following officials of the FBI, De- The Talent amendment that seeks to increase partment of Justice: Louis J. Freeh, Director; and funding for the Small Business Investment Program James V. Desarno, Assistant Director, Criminal Jus- by $7.090 million. Pages H7173±74 tice Information Services Division, Special Agent in Charge of the Department of Justice Campaign Fi- Senate Messages: Message received from the Senate nance Task Force; and Charles G. LaBella, former appears on page H7122. Chief, Department of Justice Campaign Finance Amendments: Amendments ordered printed pursu- Task Force. ant to the rule appear on pages H7179–80. MISCELLANEOUS MEASURES; PRIVATE Quorum Calls—Votes: One yea and nay vote and IMMIGRATION BILLS seven recorded votes developed during the proceed- Committee on the Judiciary: Ordered reported amended ings of the House today and appear on pages the following bills: H.R. 4006, Lethal Drug Abuse H7104, H7105, H7115, H7158–59, H7159, Prevention Act of 1998; and H.R. 2921, Multi- H7159–60, H7160–61, and H7161. There were no channel Video Competition and Consumer Protec- quorum calls. tion Act of 1997. Adjournment: The House met at 9:00 a.m. and ad- The Committee also approved private immigration journed at 11:34 p.m. bills. D898 CONGRESSIONAL RECORD — DAILY DIGEST August 4, 1998 U.S./RUSSIAN NATIONAL SECURITY ISSUES bill, and to reduce votes to five minutes on a post- Committee on National Security: Subcommittee on Mili- poned question if the vote follows a fifteen minute tary Research and Development held a hearing on vote. Finally, the rule provides one motion to recom- U.S./Russian national security issues. Testimony was mit with or without instructions. Testimony was heard from Stanislav Lunev, former Colonel, Russian heard from Chairman Goodling and Representatives Military Intelligence (GRU). Riggs and Martinez. OVERSIGHT—FIRE SUPPRESSION LABOR-HHS-EDUCATION APPROPRIATIONS Committee on Resources: Subcommittee on Forests and Forest Health held an oversight hearing on Fire Sup- Committee on Rules: Heard testimony from Represent- pression. Testimony was heard from Barry Hill, As- atives Porter, Tiahrt, Istook, Shaw, Smith of New sociate Director, Energy, Resources and Science Jersey, Castle, Greenwood, Riggs, Manzullo, Issues, GAO; Wally Josephson, Wildland Fire Spe- LoBiondo, Brady of Texas, English of Pennsylvania, cialist, Office of Managing Risk and Public Safety, Obey, Lowey, and Nadler, but action was deferred Department of the Interior; Janice McDougal, Asso- on H.R. 4274, making appropriations for the De- ciate Deputy Chief, State and Private Forestry, Forest partment of Labor, Health and Human Services, and Service, USDA; and James W. Garner, State For- Education, and related agencies for the fiscal year ester, Department of Forestry, State of Virginia. ending September 30, 1999. OVERSIGHT ENGLISH LANGUAGE FLUENCY ACT Committee on Science: Subcommittee on Technology Committee on Rules: Granted, by voice vote, a modi- held an oversight hearing on Developing Partner- fied open rule providing one hour of general debate ships for Assistive and Universally Designed Tech- on H.R. 3892, English Language Fluency Act. The nologies for Persons with Disabilities. Testimony was rule provides for a 3 hour time limit on the amend- heard from John Lancaster, Executive Director, Presi- ment process, after which no further amendment dent’s Committee on Employment of People with shall be in order except those printed in the Con- Disabilities; and public witnesses. gressional Record, with each further amendment and all amendments thereto to be debatable for 10 min- ‘‘E-RATE’’ PROGRAM—FUNDING utes equally divided and controlled by a proponent MECHANISMS and an opponent. Committee on Ways and Means: Subcommittee on The rule makes in order the Committee on Edu- Oversight held a hearing on the Funding Mecha- cation and the Workforce amendment in the nature nisms of the ‘‘E-Rate’’ Program. Testimony was of a substitute now printed in the bill as an original heard from Representatives Weller, Tauzin and bill for amendment purposes, which shall be consid- Blumenauer; and the following officials of the FCC: ered as read. The rule provides for the consideration Harold Furchtgott-Roth, Commissioner; and Chris- of the manager’s amendment numbered 1 printed in topher J. Wright, General Counsel. the Congressional Record if offered by Representa- f tive Riggs or his designee, which shall be considered as read, shall not be subject to amendment or to a COMMITTEE MEETINGS FOR division of the question, and shall be debatable for WEDNESDAY, AUGUST 5, 1998 10 minutes equally divided between the proponent (Committee meetings are open unless otherwise indicated) and an opponent. If adopted, the amendment is con- sidered as part of the base text for further amend- Senate ment purposes. The rule provides that after the dis- No meetings are scheduled. position of the amendment numbered 1, it shall be in order to consider the amendment numbered 2 House printed in the Congressional Record if offered by Committee on Agriculture, Subcommittee on Department Representative Riggs or his designee, which shall be Operations, Nutrition, and Foreign Agriculture, hearing considered as read, and including all amendments on H.R. 4366, Food Stamp Verification Act of 1998, 2 thereto, shall be debatable for 30 minutes equally di- p.m., 1300 Longworth. Committee on Banking and Financial Services, to mark up vided between the proponent and an opponent. the following bills; H.R. 4239, Financial Contract Net- The rule authorizes the Chair to accord priority in ting Improvement Act of 1998; and H.R. 4321, Financial recognition to Members who have pre-printed their Information Privacy Act of 1998, 10 a.m., 2128 Ray- amendments in the Congressional Record. The rule burn. allows for the Chairman of the Committee of the Committee on Commerce, to mark up the following bills: Whole to postpone votes during consideration of the H.R. 3844, Wireless Communications and Public Safety August 4, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D899

Act of 1998; H.R. 4017, Energy Conservation Reauthor- Land Consolidation Act of 1998; H.R. 3687, to authorize ization Act of 1998; and H.R. 4382, Mammography prepayment of amounts due under a water reclamation Quality Standards Reauthorization Act of 1998, 10:45 project contract for the Canadian River Project, Texas; a.m., 2123 Rayburn. H.R. 3706, Clear Creek Distribution System Conveyance Committee on Education and the Workforce, Subcommittee Act; H.R. 3715, Pine River Project Conveyance Act; on Oversight and Investigations, hearing on Prison Indus- H.R. 3878, to subject certain reserved mineral interests try: Effects on Inmates, Law-Abiding Workers, and Busi- of the operation of the Mineral Leasing Act; H.R. 3972, ness, 10 a.m., 2175 Rayburn. to amend the Outer Continental Shelf Lands Act to pro- Committee on House Oversight, to consider pending busi- hibit the Secretary of the Interior from charging State and ness, 3 p.m., 1310 Longworth. local government agencies for certain uses of the sand, Committee on International Relations, Subcommittee on gravel, and shell resources of the outer Continental Shelf; International Operations and Human Rights, to continue H.R. 4023, to provide for the conveyance of the Forest hearings on Human Rights in China—Day 2, 10 a.m., Service property in Kern County, California, in exchange 2172 Rayburn. for county lands suitable for inclusion in Sequoia Na- Subcommittee on the Western Hemisphere, hearing on tional Forest; H.R. 4048, Sly Park Unit Conveyance Act; Regional Conflict: Colombia’s Insurgency and Prospects H.R. 4166, to amend the Idaho Admission Act regarding for a Peaceful Resolution, 1:30 p.m., 2172 Rayburn. the sale or lease of school land; H.R. 4313, to amend the Committee on the Judiciary, to continue markup of H.R. Revised Organic Act of the Virgin Islands to provide that 3789, Class Action Jurisdiction Act of 1998; and to mark up the following bills: H.R. 218, Community Protection the number of members on the legislature of the Virgin Act of 1997; H.R. 3607, National Youth Crime Preven- Islands and the number of such members constituting a tion Demonstration Act; and H.R. 4264, to establish the quorum shall be determined by the laws of the Virgin Is- Bureau of Enforcement and Border Affairs within the De- lands; and a measure to provide for the conveyance of var- partment of Justice, 10 a.m., 2141 Rayburn. ious reclamation project facilities to local water authori- Committee on Resources, to consider the following meas- ties, 11 a.m., 1324 Longworth. ures: H.R. 1282, to authorize the Secretary of the Interior Committee on Rules, to consider H.R. 4380, making ap- to convey certain facilities of the Minidoka project to the propriations for the government of the District of Colum- Burley Irrigation district; H.R. 1467, to provide for the bia and other activities chargeable in whole or in part continuance of oil and gas operations pursuant to certain against revenues of said District for the fiscal year ending existing leases in the Wayne National Forest; H.R. 1481, September 30, 1999; and to mark up a measure to amend Great Lakes Fish and Wildlife Restoration Act of 1997; the Rules of the House of Representatives to provide for S. 1693, Vision 2020 National Parks Restoration Act; S. mandatory drug testing of Members, officers, and em- 1695, Sand Creek Massacre National Historic Site Preser- ployees of the House of Representatives, 11 a.m., H–313 vation Act of 1998; H.R. 1943, Carlsbad Irrigation Capitol. Project Acquired Transfer Act; H.R. 2108, Dutch John Committee on Science, oversight hearing on the White Federal Property Disposition and Assistance Act of 1997; House Perspective on the International Space Station’s H.R. 2161, to direct the Secretary of the Interior to con- Problems and Solutions, 10 a.m., 2318 Rayburn. vey the Palmetto Bend Project to the State of Texas; Committee on Transportation and Infrastructure, Sub- H.R. 2756, Kake Tribal Corporation Land Exchange Act; committee on Surface Transportation, hearing on Motor H.R. 3056, to provide for the preservation and sustain- Carrier Economic Regulatory Issues, 10 a.m., 2167 Ray- ability of the family farm through the transfer of respon- burn. sibility for operation and maintenance of the Flathead In- Committee on Veterans’ Affairs, hearing on the garnish- dian Irrigation project; H.R. 3187, to amend the Federal ment of benefits paid to veterans for child support and Land Policy and Management Act of 1976 to exempt other court-ordered family obligations, 10 a.m., 334 Can- not-for-profit entities that hold rights-of-way on public non. lands from certain strict liability requirements imposed in Permanent Select Committee on Intelligence, executive, hear- connection with such rights-of-way; H.R. 3381, Gallatin ing on Iraq, 2 p.m., H–405 Capitol. D900 CONGRESSIONAL RECORD — DAILY DIGEST August 4, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, August 31 10 a.m., Wednesday, August 5

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Wednesday: Consideration of H.R. 4276, morning business (not to extend beyond 1 p.m.), Senate Departments of Commerce, Justice, State and the Judici- may consider any cleared executive or legislative business. ary Appropriations Act, 1999 (Complete Consideration) and Consideration of H.R. 2183, Bipartisan Campaign In- tegrity Act of 1997 (Continue Consideration).

Extensions of Remarks, as inserted in this issue

HOUSE Gejdenson, Sam, Conn., E1540 Pallone, Frank, Jr., N.J., E1543 Gillmor, Paul E., Ohio, E1540 Pappas, Michael, N.J., E1543 Abercrombie, Neil, Hawaii, E1541 Gingrich, Newt, Ga., E1529 Paul, Ron, Tex., E1532 Barr, Bob, Ga., E1538 Hamilton, Lee H., Ind., E1538 Porter, John Edward, Ill., E1531 Bereuter, Doug, Nebr., E1544 Hilleary, Van, Tenn., E1542 Sanchez, Loretta, Calif., E1532 Berman, Howard L., Calif., E1534 Hoyer, Steny H., Md., E1537 Sanders, Bernard, Vt., E1529 Brady, Robert A., Pa., E1544 Hunter, Duncan, Calif., E1531 Serrano, Jose´ E., N.Y., E1535 Capps, Lois, Calif., E1531 Kind, Ron, Wisc., E1532 Slaughter, Louise McIntosh, N.Y., E1532 Clyburn, James E., S.C., E1536 Lewis, Jerry, Calif., E1530 Smith, Robert, Ore., E1530 Coble, Howard, N.C., E1535 Maloney, Carolyn B., N.Y., E1537 Solomon, Gerald B.H., N.Y., E1534 Cubin, Barbara, Wyo., E1533 Markey, Edward J., Mass., E1544 Towns, Edolphus, N.Y., E1533 Cunningham, Randy ‘‘Duke’’, Calif., E1536 Mica, John L., Fla., E1542 Vela´ zquez, Nydia M., N.Y., E1534 DeGette, Diana, Colo., E1537 Nadler, Jerrold, N.Y., E1542 Wynn, Albert Russell, Md., E1531 Delahunt, William D., Mass., E1534 Ortiz, Solomon P., Tex., E1532 Filner, Bob, Calif., E1541, E1542 Packard, Ron, Calif., E1542

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