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

Vol. 142 WASHINGTON, WEDNESDAY, SEPTEMBER 25, 1996 No. 134 House of Representatives

The House met at 10 a.m. PLEDGE OF ALLEGIANCE ville, North Carolina, as the ‘‘Veach-Baley Federal Complex.’’ The Chaplain, Rev. James David The SPEAKER. Will the gentleman Ford, D.D., offered the following pray- from Michigan [Mr. KNOLLENBERG] H.R. 3186. An act to designate the Federal er: building located at 1655 Woodson Road in Oh gracious God, as we seek to do the come forward and lead the House in the Pledge of Allegiance. Overland, Missouri, as the ‘‘Sammy L. Davis works of justice in our land, we know Federal Building.’’ that You have called us to be mes- Mr. KNOLLENBERG led the Pledge H.R. 3400. An act to designate the Federal sengers of reconciliation and under- of Allegiance as follows: building and United States courthouse to be standing in all we do. May we build I pledge allegiance to the Flag of the United States of America and to the Repub- constructed at a site on 18th Street between bridges of respect between people and Dodge and Douglas Streets in Omaha, Ne- sense the unity that we share by Your lic for which it stands, one nation under God, indivisible, with liberty and justice for all. braska, as the ‘‘Roman L. Hruska Federal hand. Help us to recognize that though Building and United States Courthouse.’’ we differ on how we will achieve the f goals to which we strive, we can honor H.R. 3710. An act to designate the United each person, respect the differences MESSAGE FROM THE SENATE States courthouse under construction at 611 North Florida Avenue in Tampa, Florida, as that are ever with us, and seek to A message from the Senate by Mr. strengthen the unity and the bonds of the ‘‘Sam M. Gibbons United States Court- Lundregan, one of its clerks, an- house.’’ trust that can knit us together as one nounced that the Senate had passed people. In Your name, we pray. Amen. without amendment bills of the House The message also announced that the f of the following titles: Senate had passed with amendments in THE JOURNAL H.R. 1350. An act to amend the Merchant which the concurrence of the House is requested, bills of the House of the fol- The SPEAKER. The Chair has exam- Marine Act, 1936 to revitalize the United States-flag merchant marine, and for other lowing titles: ined the Journal of the last day’s pro- purposes. ceedings and announces to the House H.R. 2504. An act to designate the Federal H.R. 2660. An act to increase the amount his approval thereof. Building located at the corner of Patton Av- authorized to be appropriated to the Depart- Pursuant to clause 1, rule I, the Jour- enue and Otis Street, and the United States ment of the Interior for the Tensas River Na- nal stands approved. Courthouse located on Otis Street, in Ashe- tional Wildlife Refuge.

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H11049 H11050 CONGRESSIONAL RECORD — HOUSE September 25, 1996 H.R. 3546. An act to direct the Secretary of RELEASE THE SPECIAL COUN- from Georgia could test the gentleman the Interior to convey the Walhalla National SEL’S REPORT ON NEWT GING- from Missouri’s words if he wished to? Fish Hatchery to the State of South Caro- RICH The SPEAKER pro tempore. The lina. (Mr. VOLKMER asked and was given Chair will answer that question if that The message also announced that the situation arises. permission to address the House for 1 Senate agrees to the report of the com- Mrs. SCHROEDER. Parliamentary minute and to revise and extend his re- mittee of conference on the disagreeing inquiry, Mr. Speaker. Is there not a votes of the two Houses on the amend- marks.) customary way that this procedure is ment of the Senate to the bill (H.R. Mr. VOLKMER. Mr. Speaker, I am normally done, rather than asking the 3666) ‘‘An Act making appropriations not going to call the Speaker a liar. Chair to enforce that? for the Department of Veterans Affairs But it is a fact that the Speaker has The SPEAKER pro tempore. The and Housing and Urban Development, not been telling the media the whole Chair is proceeding under announced and for sundry independent agencies, truth about the findings of the Com- established practices at this point. boards, commissions, corporations, and mittee on Standards of Official Con- f offices for the fiscal year ending Sep- duct. The Committee on Standards of tember 30, 1997, and for other pur- Official Conduct has found him guilty INTRODUCTION OF THE JACKIE poses.’’ of six charges. ROBINSON COMMEMORATIVE The message also announced that the And I am not going to call the Speak- COIN ACT Senate had passed bills and a joint res- er a law violator even though it ap- (Mr. FRANKS of New Jersey asked olution of the following titles, in which pears that the Speaker participated in and was given permission to address the concurrence of the House is re- a scheme to use nonprofit corporation’s the House for 1 minute and to revise quested. tax-free contributions for political pur- and extend his remarks.) S. 1802. An act to direct the Secretary of poses. That is against the law. Mr. FRANKS of New Jersey. Mr. the Interior to convey certain property con- It is quite clear that the Speaker has Speaker, yesterday I was joined by taining a fish and wildlife facility to the instructed ‘‘Stonewall’’ not to release Congressman FLOYD FLAKE in intro- State of Wyoming, and for other purposes. the special counsel’s report. Why not? ducing legislation entitled the Jackie S. 1875. An act to designate the United Because the report will show that the Robinson Commemorative Coin Act. States courthouse in Medford, Oregon, as the Speaker—— Our bill authorizes the minting of one- ‘‘James A. Redden Federal Courthouse’’. POINT OF ORDER dollar coins to commemorate the 50th S.J. Res. 64. Joint resolution to commend Mr LINDER. Point of order, Mr. anniversary of the breaking of the Operation Sail for its advancement of broth- color barrier in major league baseball erhood among nations, its continuing com- Speaker. memoration of the history of the United The SPEAKER pro tempore (Mr. by Jackie Robinson. Jackie Robinson was, in all respects, States, and its nurturing of young cadets CAMP). The gentleman will state his through training in seamanship. point of order. a great American. If all Jackie Robin- Mr. LINDER. The gentleman from son had done was to integrate baseball, f Missouri is referring to matters before that alone would have ensured his the Committee on Standards of Official place in history. But Jackie Robinson ANNOUNCEMENT BY THE SPEAKER Conduct, which is explicitly against also made baseball truly the national The SPEAKER. The Chair will recog- the House rules. pastime through his outstanding ac- nize ten 1-minutes on each side. The SPEAKER pro tempore. The complishments on and off the field. Mr. Speaker, Jackie Robinson is still Chair sustains the point of order, and admired by millions of Americans f the gentleman must proceed in order. today, I ask my colleagues to join me Mr. VOLKMER. Because the report in paying tribute to this great athlete A SAD STATE OF AFFAIRS will show that the Speaker is not the and humanitarian by supporting this (Mr. DELAY asked and was given per- lily-white angel his supporters say he legislation. mission to address the House for 1 is, let us remove this dark cloud that minute and to revise and extend his re- hangs over these Chambers. f marks.) NANCY ‘‘Stonewall’’ JOHNSON, release JACKIE ROBINSON Mr. DELAY. Mr. Speaker, the Demo- the special counsel’s report on NEWT COMMEMORATIVE COIN cratic Party finds itself in a very sad GINGRICH. (Mr. FLAKE asked and was given state of affairs. Instead of engaging the POINT OF ORDER permission to address the House for 1 Republican Party on issues of impor- Mr. LINDER. Point of order, Mr. minute and to revise and extend his re- tance to the American people, liberal Speaker. marks.) Democrats come to the floor of the The SPEAKER pro tempore. The gen- Mr. FLAKE. Mr. Speaker, I rise this House engaged in a campaign to de- tleman will state his point of order. morning, along with Mr. BOB FRANKS, stroy the reputation of one man. Mr. LINDER. Mr. Speaker, at what to honor the late Jackie Robinson, one But I say to my colleagues, tearing point does the Chair decide that these of our Nation’s greatest historical down one man will not elevate the lives scurrilous attacks on personalities and treasures. We do this by introducing of the American people. Engaging in a this abuse of the House rules becomes legislation to mint a commemorative smear campaign will not ease the wor- so out of order that people are asked to coin honoring the 50th anniversary of ries of working Americans. The voters take their seat? Jackie Robinson breaking the color do not care about the personal insults Mr. VOLKMER. Release the report. barrier in major league baseball. we hurl at one another on this floor. The SPEAKER pro tempore As stated As we all observe the remarkable They care about their children and the on September 8 by the Chair, at some pennant and wild card races this week, future we leave them. They care about point the Chair will put it to the entire we should take time out to remember the sad state of education in this coun- House to determine whether Members that America’s pastime was once not try. They worry about crime and drugs, who continually violate the rules will the diverse sport that most Americans and they struggle under the burden of continue to proceed in order. enjoy today. Through segregation, Af- an insane Tax Code. rican Americans were relegated to the b 1015 I ask my colleagues this one ques- Negro leagues. Although these leagues tion: PARLIAMENTARY INQUIRY were considered second rate, the base- Does that venom with which you Mrs. SCHROEDER. Parliamentary ball played was of the highest quality. speak to the C–SPAN cameras reflect inquiry, Mr. Speaker. This athletic segregation was the well on the House of Representatives? The SPEAKER pro tempore (Mr. standard for most organized sports, and I urge my colleagues to think first CAMP). The gentlewoman will state the was a sad reflection of American soci- about this Nation and the reputation of parliamentary inquiry. ety in general. this House and leave the personal at- Mrs. SCHROEDER. Mr. Speaker, is Jackie Robinson, however, became tacks in the gutter where they belong. there not a way that the gentleman the trailblazer of professional athletic September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11051 integration. He was the first of many and 6-year-olds are going to the PRESIDENT CLINTON’S NEW Negro league stars to play in the big slammer. Johnathan, make sure you do REPUBLICAN AGENDA leagues, and he suffered the strains of not hug anybody. (Mr. KNOLLENBERG asked and was racism throughout major league ball I yield back the balance of my friend- given permission to address the House parks. By successfully bearing this bur- ship that might come out of our for 1 minute and to revise and extend den, he in fact became a symbol of vic- schools. his remarks.) tory for African Americans, and he car- Mr. KNOLLENBERG. Mr. Speaker, I f ried the torch of equality that lit the guess we should be happy. After weeks flame of equality in America. of distortions and millions of dollars of Mr. FRANKS and I urge our colleagues BOB DOLE AND JACK KEMP AFL–CIO deceptions, and some down- to rekindle this flame by cosponsoring SHOULD NOT BE COUNTED OUT right crazy claims about the 104th Con- the Jackie Robinson Commemorative OF THE PRESIDENTIAL RACE gress, the President has finally come Coin Act. Join us and our colleagues in (Mr. SALMON asked and was given clean. His acceptance speech at the the other body in remembering Jackie permission to address the House for 1 Democratic National Convention and Robinson’s baseball legacy, and honor- minute and to revise and extend his re- his recent campaign speeches trumpet- ing him as a great American. marks.) ing his support for our agenda and our f Mr. SALMON. Mr. Speaker, last Sat- outstanding successes kind of amazes ADMINISTRATION POLICY IS urday my alma mater, the Arizona me. ‘‘JUST SAY NOTHING’’ ON DRUGS State Sun Devils, took on the No. 1 In fact, the President took credit for ranked, two-time defending national 14 different initiatives that Repub- (Mr. SAM JOHNSON of Texas asked champion cornhuskers of Nebraska. licans promised. How is that for ex- and was given permission to address The result should be a lesson to all the treme? Is he stealing Republican ideas, the House for 1 minute and to revise pundits who have already written off or, as Jay Leno says, maybe he is just and extend his remarks.) Bob Dole. borrowing them until after the elec- Mr. SAM JOHNSON of Texas. Mr. The pundits and so-called experts tion. It seems as if the only extremism Speaker, why since 1993 have we experi- said A.S.U. had no chance against Ne- is the extreme way the President wants enced such a dramatic increase in the braska. They pointed out that Ne- to be reelected. use of drugs among our Nation’s chil- braska had a 37 game winning streak, Now his own party must not even dren, when just a decade ago we were and that Nebraska had not been shut know where he stands. As some of my winning that fight? The answer is sim- out in a regular season game since 1973. friends on the other side of the aisle ple. We now have an administration The point spread, looking a lot like say, if you do not like where the Presi- that has replaced ‘‘Just say no’’ with some of the recent presidential polls, dent is, just wait a while. I guess they ‘‘Just say nothing.’’ predicted that Nebraska would win by The facts speak for themselves. Since hope he will come around, just like in 23 points. 1993, marijuana use among 12- to 13- 1992. I yield back the balance of the Yet Arizona State managed to shut year-olds has increased 137 percent. President’s Republican agenda. out Nebraska 19–0. This should not be surprising when we f The experts said Arizona State could look at this administration’s priorities. not beat Nebraska, but the experts REPUBLICAN LAWMAKERS AT- Do Members know that they have were wrong. The experts also tell us TEMPT TO STIFLE QUESTIONS over 110,000 IRS agents collecting that Bob Dole and Jack Kemp do not BY SENIOR CITIZENS AND DEMO- taxes? That is enough to audit almost have a chance to beat a certain liberal CRATS every person in the State of Texas. currently living in the White House. Compare that to 12,000 total drug en- (Mr. KLINK asked and was given per- We Sun Devils know better. forcement and border patrol agents mission to address the House for 1 minute and to revise and extend his re- that protect our borders. That is taxes f over drugs, 10 to 1. This administration marks.) must take responsibility for its failed Mr. KLINK. Mr. Speaker, today RELEASE THE ETHICS REPORT drug policies and stop this epidemic be- marks the 1-year anniversary of what I AND THE WOMEN FROM THE fore it destroys our children’s future. would consider the darkest day of this BASEMENT f 104th Congress. Let me set the scene. (Mrs. MALONEY asked and was given The Republicans were attempting to IN SOME SCHOOLS RAPISTS GET permission to address the House for 1 cut $270 billion from Medicare, so they COUNSELING WHILE 6-YEAR- minute and to revise and extend her re- could afford to give tax breaks to the OLDS GO TO THE SLAMMER marks.) wealthiest individuals and corporations (Mr. TRAFICANT asked and was Mrs. MALONEY. Mr. Speaker, we are in this entire Nation. given permission to address the House appealing to you to release the ethics One week earlier, a group of senior for 1 minute and to revise and extend report and to release the women from citizens who purported to be in favor of his remarks.) the basement. that plan came into the Committee on Mr. TRAFICANT. Mr. Speaker, it is As a New Yorker, I am anguished Commerce and they dumped letters on common sense, schools are under at- that the statute of our State’s most the floor in a show of support. It tack. Guns, drugs, rape, even murder. distinguished leaders—Susan B. An- proved out that many of those letters Some schools are so bad they hire po- thony, Elizabeth Cady Stanton, and were from people who were deceased, or lice to monitor the hallways and to Lucretia Mott—have remained in the they were children, or they were non- combat this growing phenomenon. basement of the Capitol for the past 76 existent. Schools have clamped down all over years. This time senior citizens arrived in the country, as evidenced by an action Mr. Speaker, almost every great the Committee on Commerce to say in Lexington, NC, where the schools struggle throughout American history they were against what was happening suspended 6-year-old Johnathan is represented in the Capitol’s rotunda, and they wanted to simply know why Prevette for kissing a 6-year-old on the including the leaders of those revolu- were there no hearings. Our Repub- cheek. That is right, Johnathan was tions, Lincoln, Washington, and King. licans, fearing the debate, fearing that cited for sexual harassment. Exactly 76 years ago American question, ordered that those senior Think about it. In some schools women gained the right to vote, but citizens, some in wheelchairs, some in where rapists get counseling, 6-year- our great leaders still are not allowed walkers, some with canes, be arrested, olds are getting busted. Mr. Speaker, it in the living room to stand beside the arrested and hauled away by the Cap- does not take a rocket scientist to fig- great male leaders. itol Hill police, photographed, and ure out what is going wrong in our Mr. Speaker, American women ask fingerprinted. schools, when murderers and rapists the same question they asked Presi- Today it is 1 year later. Many of are getting probation and counseling dent Wilson: how long must we wait? those seniors will be here again. As H11052 CONGRESSIONAL RECORD — HOUSE September 25, 1996 that occurs, we should also recognize from references in debate to the con- NEWT GINGRICH has repeatedly shown that the Republicans want to stop the duct of other Members, where such his willingness to break House rules to debate from the Democrats, who ask, conduct is not the question actually suit his needs. The charges being inves- where is the ethics report on Speaker pending before the House, by way of a tigated by the outside counsel, James GINGRICH? report from the Committee on Stand- Cole, are far more serious and involve f ards of Official Conduct or by way of violations of the law, including tax another question of the privileges of fraud. PRESIDENT CLINTON SHOULD the House. POINT OF ORDER DROP CONSIDERATION OF PAR- This principle is documented on Mr. CHRYSLER. Point of order, Mr. DONS FOR WHITEWATER pages 168 and 526 of the House Rules Speaker. FRIENDS and Manual, and reflects the consistent The SPEAKER pro tempore (Mr. (Mr. BACHUS asked and was given rulings of the Chair in this and in prior CAMP). The gentleman will suspend. permission to address the House for 1 Congresses and applies to 1-minute and The gentleman will state his point of minute and to revise and extend his re- special order speeches. order. marks.) The fact that a resolution has been Mr. CHRYSLER. Mr. Speaker, he is Mr. BACHUS. Mr. Speaker, this May, noticed pursuant to rule IX does not referring to matters that are before the a Little Rock jury returned guilty ver- permit such references where that reso- House Ethics Committee which are spe- dicts on a total of 24 felony counts lution is not actually pending. cifically forbidden in the House rules, against President and Mrs. Clinton’s Neither the filing of a complaint be- is my point of order. Whitewater business partners, James fore the Committee on Standards of Of- Mr. LEWIS of Georgia. Mr. Speaker, and Susan McDougal, and the Presi- ficial Conduct, nor the publication in may I be heard on the point of order? dent’s successor as Governor of Arkan- another forum of charges that are per- The SPEAKER pro tempore. The sas, Jim Guy Tucker. sonally critical of another Member, Chair will hear the gentleman. It must have come as great comfort justify the references to such charges Mr. LEWIS of Georgia. Let me say to to Susan McDougal and her codefend- on the floor of the House. This includes the gentleman from the other side, ants earlier this week when, in a tele- references to the motivations of Mem- there comes a time when an injustice is vised interview, the President refused bers who file complaints and to mem- so great, when you must even chal- to rule out the possibility of pardons bers of the Committee on Standards of lenge the rule to demonstrate that in- for them if he is reelected. Official Conduct. justice. I know the gentleman from the Accordingly, Mr. Speaker, I am in- As cited on page 526 of the Manual, other side and the Members from the troducing today a resolution that this also includes references to con- other side would not like for this re- would declare that it is the sense of cluded investigations of sitting Mem- port to come out. this House that President Clinton bers by the Standards Committee. The SPEAKER pro tempore. The gen- should specifically, categorically, and (July 24, 1970). Clause 1 of rule XIV is a tleman will suspend. The Chair again immediately disavow any Presidential prohibition against engaging in person- sustains the point of order, and the pardons for his former Whitewater ality in debate. It derives from article gentleman will proceed in order. business partners and to former Gov- 1, section 5 of the Constitution, which Mr. LEWIS of Georgia. There now ex- ernor Tucker. By passing this resolu- authorizes each House to make its own ists a $500,000 report from the outside tion before we adjourn to go home and rules, and to punish its Members for counsel. Later today or tomorrow, the face our constituents, we can send the disorderly behavior, and has been part House will once again consider a privi- right signal—that in this country, no of the rules of the House in some rel- leged resolution I have offered calling one is above the law, and convicted evant form since 1789. This rule super- for the release of the outside counsel’s criminals do not walk free by virtue of sedes any claim of a Member to be free report. The public deserves the right to having friends in positions of power. from questioning in any other place. see that report. I encourage all of my On January 27, 1909, the House adopt- colleagues to vote for the release of the f ed a report that stated the following: secret Gingrich ethics report. YOU CAN RUN BUT YOU CAN’T ‘‘It is the duty of the House to require f its Members, in speech or debate, to HIDE ISSUES OF ETHICS preserve that proper restraint which (Mr. LEWIS of Georgia asked and was will permit the House to conduct its (Mr. KINGSTON asked and was given given permission to address the House business in an orderly manner and permission to address the House for 1 for 1 minute and to revise and extend without unnecessarily and unduly ex- minute.) his remarks.) citing animosity among its Members,’’ Mr. KINGSTON. Mr. Speaker, I ap- Mr. LEWIS of Georgia. Mr. Speaker, from Cannon’s Precedents, Volume preciate that, and I certainly hope that last week the Ethics Committee con- VIII. at Section 2497. This report was in the Democrats who are so hung up on cluded for the third time that the gen- response to improper references in de- bringing down NEWT GINGRICH to the tleman from Georgia, NEWT GINGRICH, bate to the President, but clearly reit- extent of breaking House rules in violated House rules in his use of a po- erated a principle that all occupants of terms of issues in front of the Ethics litical adviser for official business. The the Chair in this and in prior Con- Committee, will show equal compas- committee concludes—— gresses have held to be equally applica- sion and curiosity when we review the POINT OF ORDER ble to Members’ remarks in debate to- Gephardt ethics allegations and a lot of Mr. CHRYSLER. Point of order, Mr. ward the Speaker and each other. other ethics allegations on some of Speaker. their Members. If we are going to bring b The SPEAKER pro tempore. The gen- 1030 this House down to such partisan fer- tleman will state his point of order. The Chair asks and expects the co- vency, then maybe my colleagues want Mr. CHRYSLER. Mr. Speaker, refer- operation of all Members in maintain- to consider that. ring to matters before the Ethics Com- ing a level of decorum that properly Why does the Democrat Party not mittee, which is specifically forbidden dignifies the proceedings of the House. concern themselves with why the in the House rules, is my point of The gentleman from Georgia may President will not reveal his health order. proceed in order. care records? Why Susan McDougal The SPEAKER pro tempore. The Mr. LEWIS of Georgia. Mr. Speaker, will not talk but would rather go to Chair will reiterate the principle in quote, the committee concludes that jail even if, as the President has pub- this matter. The Chair will repeat the your conduct of allowing the routine licly said, a pardon is out there? Why admonitions of the Chair from June 26, presence in your office of Mr. Jones do my colleagues not have any curios- 1996, September 12, September 17, and demonstrates a continuing pattern of ity of who hired Craig Livingstone? September 24. lax administration and poor judgment Let us just admit, this is politicking It is an essential rule of decorum in that has concerned this committee in on taxpayer time, with taxpayer equip- debate that Members should refrain the past, unquote. ment, in a taxpayer-paid facility. I September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11053 hope my colleagues will also wonder cetera, and they are now all law. In Mr. HERGER. Mr. Speaker, last week why they do not have drug testing at fact, fully 65 percent of the Contract President Clinton’s Interior Secretary, the White House. If we are going to get With America has been signed into law, Bruce Babbitt, endorsed a plan to tax into this, Mr. Speaker, this is a double- but some of the most popular meas- anything having to do with the great edged sword and I hope the House does ures, like tax cuts for working fami- outdoors. The plan he endorsed called not fall for this. lies, have been vetoed by Bill Clinton. for a 5-percent tax on everything from f Mr. Speaker, the Republicans are de- binoculars to canteens to sleeping bags livering on our promise to change the to birdseed. HOLDING THE LINE ON INTEREST spending culture here in Washington Birdseed, Mr. Speaker? What is next? RATES DC. In fact, just yesterday when re- The air we breathe? It is true that Bill (Mr. NADLER asked and was given porters pressed a Member of the Demo- Clinton, the great conservative Repub- permission to address the House for 1 crat leadership to name another Con- lican that he is, has backed away from minute and to revise and extend his re- gress as productive, he could not name the plan, but is this just a glimpse of marks.) one, and he said ‘‘I know there have the future if Bill Clinton were to stay Mr. NADLER. Mr. Speaker, it is not been several. I will get back to you.’’ in power? Higher taxes, bigger govern- often that I have occasion to rise and f ment and more regulation. Mr. Speak- commend the Federal Reserve Board, er, they say it is hard for a leopard to CAN THE PEOPLE TRUST THIS but the decision yesterday to hold the change its spots. It is also hard for lib- CONGRESS? line on interest rates certainly merits erals to change their tax-and-spend commendation. (Ms. DELAURO asked and was given tendencies, as Interior Secretary Bab- We all know the Federal Reserve permission to address the House for 1 bitt has so eloquently proved. Board is allergic to good economic minute and to revise and extend her re- Mr. Speaker, I believe that if the news. If too many Americans find jobs, marks.) Clinton administration wins reelec- the Fed ominously warns of runaway Ms. DELAURO. Mr. Speaker, in these tion, tax and spend will be back again. inflation when there is no evidence of final days of the 104th Congress, the Welcome to the future, Mr. and Mrs. inflation, and cranks up interest rates American people need to remember America. to slow the economy down. The Fed what this Congress has been all about. f has seemed determined to maintain an Time and again Members of Congress unemployment rate, to guarantee an who have tried to speak out on issues CALL FOR RELEASE OF ETHICS unemployment rate of at least 5.6 per- of concern to the American people in COMMITTEE REPORT cent or more. To keep this in perspec- fact have been silenced. We have seen (Mr. MORAN asked and was given tive, every percentage point of unem- it today when Members of Congress at- permission to address the House for 1 ployment represents 1.3 million Ameri- tempted to discuss the very serious minute and to revise and extend his re- cans. charges of Federal tax fraud docu- marks.) That should be a cause for concern to mented in an independent counsel’s re- Mr. MORAN. Mr. Speaker, normally anyone in this Chamber who has been port which the Ethics Committee re- what goes around comes around. Nor- conscientiously cutting the deficit or fuses to release to the public. mally people who abuse their positions scrapping the Nation’s social safety net A year ago, Republican zeal—— of power to destroy political rivals in in the belief that their efforts will POINT OF ORDER underhanded and dishonest ways ulti- lower interest rates and put people to Mr. CHRYSLER. Point of order, Mr. mately become the victims of their work. Speaker. own corruption. The snake that they So my congratulations to the Federal The SPEAKER pro tempore. The gen- unleash from their souls invariably Reserve for enduring the economic tlewoman will suspend. The gentleman comes around to bite them as well. But good news with restraint. Hopefully will state his point of order. that natural law of justice has been this is a sign that in the future we may Mr. CHRYSLER. Mr. Speaker, the thwarted in this body. It has been be able to begin to count on the Fed to gentlewoman is violating House rules thwarted because Speaker GINGRICH help, not hinder, the effort to improve by referring to matters before the Eth- has suppressed the release of an Ethics the lives of all Americans. ics Committee which are specifically Committee report that details activi- And as a consequence of this, Mr. forbidden by House rules. ties that makes Speaker Wright’s im- Speaker, I again ask and I join my col- The SPEAKER pro tempore. The proprieties pale in comparison. leagues in asking that the Ethics Com- Chair will sustain the point of order, Mr. Speaker, we have a number of mittee stop covering up and release the and asks the gentlewoman to proceed quotes from Speaker GINGRICH that Gingrich report. in order. identify the reasons why Speaker f Ms. DELAURO. A year ago, Repub- Wright was charged. They are far more lican zeal to silence debate in the peo- applicable to the charges that have MAJORITY OF CONTRACT WITH ple’s House resulted in the arrest of been leveled against Speaker GINGRICH. AMERICA NOW LAW senior citizens who came to speak out If you take Speaker GINGRICH at his (Mrs. SEASTRAND asked and was against Republican plans to cut $270 words, we would release this Ethics given permission to address the House billion from Medicare to pay for a $245 Committee report today. for 1 minute and to revise and extend billion tax cut for the privileged few. f her remarks.) And with the Medicare bill still on the TROUBLING STATISTICS Mrs. SEASTRAND. Mr. Speaker, our chopping block because the Dole plan RELEASED ON TEEN DRUG USE friends on the other side would like the would require even deeper cuts in Med- American people to believe that this icare than the $270 billion in Medicare (Mr. RADANOVICH asked and was 104th Congress has been a failure and cuts proposed last year, the American given permission to address the House that Republicans are running from the people should ask themselves if they for 1 minute and to revise and extend Contract With America. Well, they are can trust this Republican Congress his remarks.) wrong, and here is why. when it is so afraid of the truth, wheth- Mr. RADANOVICH. Mr. Speaker, I In this Congress, the Republican ma- er it be on Medicare or whether it be am greatly troubled by the statistics jority has given the American people releasing the ethics report from the recently released on teenage drug use. tax cuts for small businesses, an adop- committee. How can we feel good about ourselves tion tax credit, the Congressional Ac- f as a society when teen drug use has in- countability Act, the line-item veto, creased 78 percent since 1992? By the unfunded mandate reform, the Per- A GLIMPSE OF THE FUTURE time teenagers reach 17, 58 percent sonal Responsibility Act, health insur- (Mr. HERGER asked and was given know someone personally who uses ance reform, lobbying reform, the gift permission to address the House for 1 acid, cocaine or heroin, and 43 percent ban, welfare-to-work tax credits, food minute and to revise and extend his re- have a friend with a serious drug prob- safety reform, et cetera, et cetera, et marks.) lem. H11054 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Mr. Speaker, these are daunting sta- I am shocked that the United States intelligence programs. The truth is tistics. And what makes matters worse of America that believes in free speech that, given the very nature of the is that this administration has done is gagging Members of Congress about topic, intelligence matters do not have little to combat this rising tide of drug the third most important elected offi- a natural public constituency and do use. The Clinton administration’s 1995 cial in America, and I am stunned the not generally arise for discussion budget proposed to cut 621 drug en- other side is insisting on that. around America’s dinner tables. But, as forcement slots, and although Congress f Mr. BEILENSON also pointed out, per- fought most of the cuts, 227 agents still haps that is as it should be—and I lost their jobs with the Drug Enforce- CONFERENCE REPORT ON H.R. 3259, would argue that fact is a testament to ment Agency. INTELLIGENCE AUTHORIZATION the successes we have had with our in- Mr. Speaker, this is a serious prob- ACT FOR FISCAL YEAR 1997 telligence operations, for the most lem which demands serious answers. Mr. GOSS. Mr. Speaker, by direction part. Yes, there have been some high And the only answer we get from Presi- of the Committee on Rules, I call up profile problems—and we have worked dent Clinton when asked if he would in- House Resolution 529 and ask for its hard to be sure we deal with them ex- hale if he had it to do over again is, immediate consideration. peditiously and effectively. But over- ‘‘Sure, if I could. I tried before.’’ The Clerk read the resolution, as fol- all, the way you know that there is f lows: good news in the intelligence world is THE SPEAKER AND ETHICS H. RES. 529 when you hear no news at all. That is how the intelligence business works— (Mrs. SCHROEDER asked and was Resolved, That upon adoption of this reso- the success stories are those that never given permission to address the House lution it shall be in order to consider the conference report to accompany the bill become stories at all, because good, ac- for 1 minute and to revise and extend (H.R. 3259) to authorize appropriations for curate, and timely intelligence allowed her remarks.) fiscal year 1997 for intelligence and intel- us to prevent bad things from happen- Mrs. SCHROEDER. Mr. Speaker, 1 ligence-related activities of the United year ago, the Speaker of this House ing. States Government, the Community Man- Mr. Speaker, it is my view that the was unable to find a room anyplace in agement Account, and the Central Intel- changing world around us makes good this Capitol Hill complex for the Demo- ligence Agency Retirement and Disability crats to have a hearing on Medicare System, and for other purposes. All points of intelligence more necessary than ever cuts, and so we were outdoors—out- order against the conference report and before. There are more varied threats doors—for many long days talking against its consideration are waived. The and more dispersed targets and the about what they were trying to do be- conference report shall be considered as need for us to have well-tuned and read. hind closed doors. And when seniors properly trained eyes and ears has came to the Hill a year ago to ask the b 1045 never been greater. The Intelligence questions of the committees who were Oversight Committees of this Congress The SPEAKER pro tempore (Mr. recognize that and have conducted our in charge, Speaker GINGRICH had them CAMP). The gentleman from Florida arrested and we had to go get them oversight in a thoughtful and com- [Mr. GOSS] is recognized for 1 hour. prehensive manner. In addition to the out. And now when we have charges Mr. GOSS. Mr. Speaker, for the pur- against the Speaker that have been efforts of our House committee, known pose of debate only, I yield the cus- as IC 21, which made some very impor- analyzed by an outside independent tomary 30 minutes to the gentleman counsel, we are not allowed to see tant recommendations for adapting our from California [Mr. BEILENSON], pend- intelligence capabilities to be ready for them. What is going on here? ing which I yield myself such time as I POINT OF ORDER the next century, there was also the so- may consume. During consideration of called Aspin-Brown Commission Re- Mr. CHRYSLER. Mr. Speaker, I this resolution, all time yielded is for make a point of order. view, which I was privileged to serve the purpose of debate only. on. These efforts have laid down the The SPEAKER pro tempore. The gen- Mr. Speaker, this rule is standard for tlewoman will suspend. The gentleman groundwork and we now must move a conference report, and is a fair prod- ahead in developing consensus and im- will state his point of order. uct given our time constraints as we Mr. CHRYSLER. Mr. Speaker, the plementing meaningful change. Fi- conclude this session of the Congress. gentlewoman from Colorado is violat- nally, Mr. Speaker, let me say that ev- The rule before us waives all points of ing House rules by referring to matters eryone understands the intense com- order against the conference report ac- before the Ethics Committee which are petition that exists in our finite budget companying the bill H.R. 3259, to au- specifically forbidden in House rules. world when it comes to the expenditure Mrs. SCHROEDER. May I be heard on thorize appropriations for fiscal year of America’s tax dollars. the point of order, Mr. Speaker? 1997 for intelligence and intelligence- We know that that intelligence is a The SPEAKER pro tempore. The gen- related activities of the U.S. Govern- necessary commodity that saves lives tlewoman may be heard. ment, the community management ac- and allows for prudent decisionmaking Mrs. SCHROEDER. My question is, count, and the Central Intelligence by our leaders, decisions that are not what does this House do when not only Agency retirement and disability sys- just involved with the military, al- just a regular Member of the House but tem and for other purposes. In addition though we all know that is a major the chief officer of the House, the third the rule provides that the conference component, but decisions also in other in line for the presidency, has these se- report shall be considered as read. vital areas, such as fighting terrorism rious charges and we cannot see them Mr. Speaker, I was honored to have and dealing with the international even though they were publicly funded? participated in the tremendous effort drug problems. Why can we not discuss them on this that led to the completion of this bill. I think this bill addresses these House floor and why are we told we As a member of the House Permanent needs, although I think we must guard must go outside to discuss them as we Select Committee on Intelligence— against expanding international law had to do Medicare cuts? generally known as HPSCI—I was enforcement activity at the expense of The SPEAKER pro tempore. For rea- proud to serve under the tough and fair intelligence operations. sons previously stated, the Chair sus- leadership of my chairman, Mr. COM- Mr. Speaker, this is a fair rule, and it tains the point of order and asks the BEST, in crafting this bill. It is a prod- is a good bill. gentlewoman to proceed in order. uct I think we can all be proud of, born Mr. Speaker, I reserve the balance of Mrs. SCHROEDER. Mr. Speaker, I of bipartisan and bicameral coopera- my time. thought the gentleman from Georgia tion and negotiation. Mr. BEILENSON. Mr. Speaker, I [Mr. LEWIS] made a very emotional and Mr. Speaker, I thought my colleague yield myself such time as I may correct approach. There comes a time from California, Mr. BEILENSON, put his consume. when we all must stand up and say, finger on an important point yesterday Mr. Speaker, I thank my good friend, what are these rules for? Are they to in our Rules Committee meeting, as he the gentleman from Florida [Mr. keep the American people from learn- often does, when he said that no one GOSS], for yielding the customary half ing the truth? pays much attention to our Nation’s hour of debate time to me. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11055

Mr. Speaker, we do not oppose House Intelligence who require Senate con- DICKS, the ranking member, and also Resolution 529, the rule for the con- firmation. our mutual friend, and also my col- ference report on H.R. 3259, the Intel- The legislation creates new assistant league on the Committee on Rules, ligence Authorization Act for fiscal DCI’s for collection, analysis, and for probably the only person around here year 1997, which the gentleman from production, and for administration who has much of a background in intel- Florida explained so well. We do, how- under a new deputy DCI for community ligence and really knows what he is ever, have concerns about the waivers management. However, the legislation talking about, the gentleman from of several standing House rules that only gives these new ADCI’s a coordi- Florida, Mr. GOSS, for the dedication the resolution provides, and wanted to nation function. Placing four officials and enormous amount of time and en- mention them to the membership. requiring Senate confirmation into an ergy that they give to the work of the The resolution protects against pos- organization of approximately 100 peo- committee. And also I would like to sible points of order, provisions that ple seems excessive and an unnecessary personally attest to the fact that the violate rules that prohibit conference layer of bureaucracy. In addition, this committee staff is among the best in committees from including provisions, is an area where the management staff Congress, and I thank them too, as I one, that are outside the committee’s is supposed to be professional or out- know we all do, for helping make this scope; two, that are not germane to the side politics, and so I express the hope committee outstanding. legislation; three, that violate the that future Congresses will handle Mr. Speaker, to repeat, we are not Budget Act; and four, that provide ap- these appointments with a great deal opposed to this rule providing waivers propriations in a legislative bill. of caution to avoid their politicization. for the conference report on the intel- The resolution also waives the 3-day The conference report also contains a ligence authorization bill. We urge our layover rule, whose purpose is to en- provision that is intended to clarify colleagues to approve it, so we may ex- sure that Members have the oppor- that law enforcement agencies may re- pedite consideration of the conference tunity to examine a conference agree- quest that intelligence agencies collect agreement. ment, and with respect to this particu- information overseas on non-United Mr. Speaker, I have no requests for lar measure, the classified annex to the States persons. While we appreciate time, and I yield back the balance of report. We are not yet convinced that the fact that many of the most serious my time. the House is so short on time just now national security threats to the United Mr. GOSS. Mr. Speaker, I yield my- that disregarding this important rule States now arise in the intersections self such time as I may consume. is necessary. between law enforcement, intelligence Mr. Speaker, I understand that the Many of us believe that we should be and diplomacy, we do hope there will gentleman from California [Mr. BEIL- much more cautious in general about be careful oversight of how these three ENSON] has yielded back the balance of providing such significant waivers in so communities are working together in his time, and I have no further speak- routine a fashion. Many waivers are order to ensure respect for the civil lib- ers, but I would be remiss if I did not purely technical in nature, and we all erties of the people of the United take a minute to thank Mr. BEILENSON know that in order to keep House oper- States. for his extraordinary service to this ations moving along, it is sometimes We also have concerns, Mr. Speaker, House, to his country, to the Perma- necessary to exempt some legislation about the apparent lack of meaningful, nent Select Committee on Intelligence, or provisions of legislation from cer- substantive reforms to give the Direc- to the Committee on Rules, and to his tain standing rules of the House. But tor of Central Intelligence more au- many other endeavors in this institu- Members should at the least be told ex- thority over the intelligence functions tion. He is a credit to himself, clearly, actly what is being protected by waiv- of the Department of Defense. but not only that, he leaves this House ers and the necessity and the reason Many of us agree with the blue rib- better than he found it, and I think he for them before being asked to vote on bon commissions that have issued re- leaves this country better than it was a rule granting them. ports advising that the only way to en- before he started in public service. I am Mr. Speaker, with respect to the con- sure that our national security oper- very proud to say that, and count him ference agreement itself, we continue ations are coordinated, are not being among my friends. to be disturbed about several provi- duplicated by another intelligence of- I demurred from participating last sions in the bill, and most especially fice, is to put one person in charge of night in the colloquy for Mr. BEILEN- those dealing with funding levels. the entire community. Unfortunately, SON and Mr. MOORHEAD, where many Total spending authorized in the con- the conference agreement has only nice things were said, primarily be- ference report exceeds the amount ap- very minor provisions designed to cause it was done by Californians. But propriated for fiscal year 1996 by 4.2 strengthen, indeed, very modestly, the I want Mr. BEILENSON to understand percent and is 2.3 percent above the authority of the Director of Central In- that Floridians feel the same way, al- President’s fiscal year 1997 request. telligence. though we have to be a little more cir- We only have to pick up the morning I hope the Congress will revisit this cumspect how we say it. newspapers to be reminded that the issue next year and be successful in I also wanted to say with the point world is still a very dangerous place placing authority and responsibility in on the rule that Mr. BEILENSON brought and we must not remain silent without a single office, so that one person can up, the discussion that took place yes- and within our borders. But we are op- exercise that authority as necessary. terday on the waivers, we did have erating under severe and very real Mr. Speaker, if I might, ending here, some conversation on the record in the budget constraints, and we are suggest- I would like to add a brief personal committee, and much of what Mr. ing only that intelligence programs note. As many of my colleagues know, BEILENSON has talked about was testi- and activities should be subject to the I had the privilege of serving on the fied to by the gentleman from Texas, same level of severe scrutiny as are Permanent Select Committee on Intel- Chairman COMBEST, and the gentleman other functions of the Federal Govern- ligence for 7 years, two of those years from Washington, Mr. DICKS, and I be- ment. as its chairman. Those were among the lieve has properly been attended to. It A considerable amount of effort, Mr. most challenging and rewarding years is a matter in the classified annex, but Speaker, has been spent over the last 2 in Congress for me. I agree with Mr. BEILENSON’s general years on proposals for intelligence re- I simply want to thank my col- philosophy on that. form. We are pleased to see that some leagues, those with whom I served on I can assure the gentleman that I am steps have been taken in the con- the committee, many of whom remain satisfied, having participated in some ference report to enhance the ability of only committee, and those who have of that, that I think everything is in the Director of Central Intelligence to followed us, for the dedication and the order, and I know the gentleman would get a handle on spending within the in- enormous amount of time and energy accept the statements of Mr. COMBEST telligence community. But we do have they give to the work of the commit- and Mr. DICKS. reservations about the provisions cre- tee, especially the gentleman from Mr. Speaker, having said all that, I ating, in the name of reform, four new Texas, the chairman, Mr. COMBEST, and have nothing further to add, except I deputy or assistant directors of Central the gentleman from Washington, Mr. urge support of this rule. H11056 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Mr. Speaker, I yield back the balance But I think H.R. 3259 makes a useful time in this Congress to the questions of my time, and I move the previous start, largely by beginning to give the of how the intelligence community question on the resolution. Director of Central Intelligence the should be structured for the next cen- The previous question was ordered. management tools he needs so that his tury. In that endeavor the committee The resolution was agreed to. capabilities begin to match his respon- was joined not only by its Senate coun- A motion to reconsider was laid on sibilities as head of the entire Intel- terpart but by the Aspin-Brown Com- the table. ligence Community. mission, on which I served, and several Mr. COMBEST. Mr. Speaker, pursu- Finally, I wish to thank all of the other groups. Out of these efforts ant to House Resolution 529, I call up members of our committee on both emerged many thought-provoking the conference report on the bill (H.R. sides of the aisle who have worked so ideas, some of which deserve further 3259) to authorize appropriations for hard on this legislation, and those consideration. fiscal year 1997 for intelligence and in- Members of the other body with whom What did not emerge, however, was a telligence-related activities of the U.S. we share responsibility for this impor- consensus on the question of whether Government, the community manage- tant legislation. I also want to thank or not the community needed fun- ment account, and the Central Intel- our staff, who have put in long hours damental organizational change. There ligence Agency Retirement and Dis- and, more importantly, serious and was simply no showing and certainly ability System, and for other purposes, creative thoughts and hard work in the no conclusion by executive branch offi- and ask for its immediate consider- crafting of this bill. cials that the current structure hinders ation. b 1100 the effective conduct of intelligence ac- The Clerk read the title of the bill. tivities. Mr. DICKS. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- The relationship between the Sec- self such time as I may consume, and I ant to House Resolution 529, the con- retary of Defense and the Director of rise in support of the conference report ference report is considered as having Central Intelligence on intelligence on H.R. 3259. been read. matters, particularly the intelligence At the outset I want to commend the (For conference report and state- budget, is key to the management of gentleman from Texas, Chairman COM- ment, see proceedings of the House of the intelligence community. Currently BEST, for the effort he has devoted to September 24, 1996, at page H10937.) that relationship works. In the absence bringing this legislation back to the The SPEAKER pro tempore. The gen- of any evidence that it cannot continue House. I also want to join him in com- tleman from Texas [Mr. COMBEST] and to do so, there is simply no impetus for plimenting our staff. I think the staff the gentleman from Washington [Mr. radical change. DICKS] each will control 30 minutes. of the Permanent Select Committee on The conference report does, however, The Chair recognizes the gentleman Intelligence is extraordinarily profes- make some changes in the commu- from Texas [Mr. COMBEST]. sional and effective and does a very nity’s structure. Despite my support Mr. COMBEST. Mr. Speaker, I yield good job for this institution. for the conference agreement, I have myself such time as I may consume. The intelligence authorization had Mr. Speaker, I rise in support of the relatively smooth sailing in the House reservations about placing additional conference report for H.R. 3259, the In- last May, but its passage through the layers of bureaucracy on the commu- telligence Authorization Act for fiscal Senate was difficult, to say the least. nity’s organizational charts. It is not year 1997. On more than one occasion it appeared all clear what purpose three Assistant H.R. 3259 authorizes appropriations likely that there would be no author- Directors of Central Intelligence will for the intelligence activities of the ization bill for intelligence programs serve, nor is it clear what short- U.S. Government. H.R. 3259 makes a and activities in fiscal year 1997. In my comings in the existing structure they modest increase of 2.3 percent over the judgment, that result would have been are to remedy. President’s request; it is 2.2 percent bad for the congressional oversight When the reform process began last higher than last year’s appropriation, process and bad for the intelligence year, its stated purpose in the House adjusted for inflation. We continue to agencies. and in the other body was to produce a believe that intelligence, more than Chairman COMBEST’s persistence and more streamlined, flexible intelligence ever, must be our first line of defense, his willingness to compromise when it community. I am concerned that what of warning and of analysis. Dollars was necessary, without sacrificing the we have done, instead, is to create well-spent on intelligence are, I be- essence of the positions taken by the more Senate-confirmed positions lieve, fewer than dollars we would be House, contributed immeasurably to whose occupants will spend most of forced to spend elsewhere if our intel- our having reached this point in the their time searching for something pro- ligence capabilities decreased. legislative process. ductive to do. I also wish to call my colleagues’ at- The conference report contains an Despite these reservations, I intend tention to a number of provisions in overall authorization level which is 2.3 to support the conference agreement this bill that will set the intelligence percent above the amount requested by because I believe that, on balance, it community on the road to a 21st cen- President Clinton in part because a sig- makes progress in some technical col- tury structure and function. nificant amount recently requested by lection areas in which innovation is At the outset of this Congress, the the administration for necessary. I urge my colleagues to give Permanent Select Committee on Intel- counterterrorism activities is included. it their support as well. ligence embarked on a major study, Even with this initiative, the con- Mr. Speaker, I reserve the balance of IC21: The Intelligence Community in ference report is 1.5 percent below the my time. the 21st Century. Committee majority level approved by the House in May. Mr. COMBEST. Mr. Speaker, I yield staff produced what I believe is already I believe the increase above the re- myself such time as I may consume to recognized as a landmark study on how quest is justifiable given the costs in- make certain the record is complete the Intelligence Community can be herent in many sophisticated intel- and say that I join with my colleague transformed so as to be best able to ligence collection systems, and the ab- from Washington in concerns about the deal with the national security issues solute necessity of ensuring that our three new deputies in CIA. That was we may face in the future. policymakers and military command- the recommendation made in the other We did not get enacted all of the ers have access to the most comprehen- legislative body. We arrived at a con- many recommendations we made. In- sive, reliable, and timely information ference report which did include that, deed, I recognized at the outset of IC21 possible on which to base their deci- but I do have those reservations and that we were unlikely to get it all done sions and actions. Intelligence is ex- concerns as well. in one Congress. Like so many of the pensive, but the cost of not having in- Mr. Speaker, I reserve the balance of major national security reforms of the formation about threats to our na- my time. past—the National Security Act, Gold- tional security is incalculable. Mr. DICKS. Mr. Speaker, I yield 6 water-Nichols—this is a multiyear, The Permanent Select Committee on minutes to the gentleman from New multi-Congress effort. Intelligence devoted a great deal of Mexico [Mr. RICHARDSON]. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11057 (Mr. RICHARDSON asked and was for the first time a policy statement ists who work in dangerous places overseas given permission to revise and extend that correspondents or representatives and who, by the very nature of their profession his remarks.) of the U.S. media organizations may must be constantly asking questions and try- Mr. RICHARDSON. Mr. Speaker, first not be used to collect intelligence. ing to discover information, than to be sus- let me commend the gentleman from Nothing could be more detrimental pected of being a spy for the United States. Texas, Chairman COMBEST, and the to the safety of U.S. journalists who As I noted when my amendment was debated ranking member, the gentleman from work in dangerous places overseas and in the House last May, there is a distinction Washington, Mr. DICKS, for the comity who by the very nature of their profes- between reporters as commentators on gov- and excellent relationship they have sion must be constantly asking ques- ernment and reporters as instruments of gov- that enable our committee to be bipar- tions and trying to discover informa- ernment. The prohibition in this conference re- tisan, especially in an area that is as tion than to be suspected as a spy for port on the use of U.S. journalists as intel- critically important to the country as the United States. This could have ligence agents or assets will underscore and intelligence and national security. drastic consequences, and in some strengthen that distinction. This is a committee that works well cases it has. The language in section 309 would not pre- together. Sure, we have disagreements As I noted when my amendment was vent those journalists who choose to provide and differences in style and sometimes debated in the House last May, there is information to a U.S. intelligence agency from substance, but, in general, both Mem- a distinction between reporters as com- doing so. It also recognizes that there may be bers make sure that the bipartisanship mentators on Government and report- extraordinary circumstances in which the pro- is there. ers as instruments of government. The hibition needs to be waived in the interests of Second, let me say that I think this prohibition in this conference report on our national security. In those rare cases, bill is important because it is the first the use of American journalists as in- however, the national security determination major piece of legislation where the telligence agents or assets will under- must be made in writing and the intelligence shift into human intelligence is dra- score and strengthen that distinction. committees must be informed. matic, the way it should be. As we are The language in section 309 would Mr. Speaker, section 309 is consistent with the independence guaranteed to the press by going to face challenges that are no not prevent those journalists who our Constitution and it is consistent with the longer related to one country but are choose to provide information to a U.S. proper discharge of our responsibility to pro- transnational, problems of inter- intelligence agency from doing so. It tect as best we can American journalists who national terrorism and drugs and nu- also recognizes that there may be ex- travel or work in difficult circumstances over- clear outlaws and rogue states and eco- traordinary circumstance in which the seas. I urge that we better ensure the safety nomic competition, it is critically im- prohibition needs to be waived in the of these journalists by passing this conference portant we beef up our intelligence ca- interest of our national security. In agreement. pabilities, our human intelligence ca- those rare cases, however, the national Mr. DICKS. Mr. Speaker, will the pabilities. security determination must be made gentleman yield? It is critically important that we un- in writing and the intelligence com- Mr. RICHARDSON. I yield to the derstand Islamic fundamentalism. mittees must be informed. gentleman from New Mexico. That is going to take more linguists. Mr. Speaker, section 309 is consistent Mr. DICKS. Mr. Speaker, I want to To be perfectly candid, it will take with the independence guaranteed to commend the gentleman from New more spies. It is going to take more the press by our constitution, and it is Mexico [Mr. RICHARDSON] for his ex- James Bonds. This is something that consistent with the proper discharge of traordinary service to the committee. should not be viewed as being a bit far- our responsibility to protect as best we He has undertaken a series of inter- fetched, but it basically means that can American journalists who travel or national initiatives which have been covert operations are going to be need- work in difficult circumstances over- completely successful and important to ed once again to deal with these prob- seas. I urge that we better ensure the our country. I just want him to know lems of nuclear nonproliferation and safety of those journalists by passing how much I personally appreciate his the problems of rogue states and inter- this conference agreement. work and efforts and his tireless en- national outlaws and terrorism and Mr. Speaker, in conclusion, again I ergy, especially in the area of human narcotics. These problems are want to thank the chairman of the rights and protecting Americans inter- transnational. committee for his very liberal and nationally. I think President Clinton very accu- positive use, in my judgment, of allow- Mr. COMBEST. Mr. Speaker, will the rately outlined the threats to our ing me to undertake international mis- gentleman yield? country in his speech to the United Na- sions, sometimes on behalf of the ad- Mr. RICHARDSON. I yield to the tions yesterday in which very proudly ministration, other times on behalf of gentleman from Texas. Mr. COMBEST. Mr. Speaker, I would the United States led the effort to stop the committee. He has been extremely say to the gentleman from New Mexico nuclear testing, and the treaty was cooperative every single time, and I am that this is the first time I have ever signed. Only three states did not sup- most grateful. been commended for my liberal views, port this. We are moving in a very im- And to the ranking member, Mr. but I appreciate that. portant direction, especially since nu- DICKS, the same thanks for his I would be remiss as well, and was clear proliferation is one of the biggest unyielding support. I want to commend planning to rise to pay commendation challenges that the Western world and both gentlemen for their bipartisan ef- to the gentleman from New Mexico. I the United States will face in the days fort in running this committee. have served with him the entire time I ahead. Mr. Speaker, I support the conference report have been on the Permanent Select Mr. Speaker, I support this con- to provide an authorization for the coming fis- Committee on Intelligence. In fact, I ference report that provides an author- cal year for intelligence and intelligence-relat- think the gentleman from New Mexico ization for intelligence and intel- ed activities. is serving continuously longer than ligence-related activities. I want to I want to highlight section 309 of the con- any other member of the committee. highlight one specific section that I ference agreement which deals with the use He has done yeoman work which not had a little bit to do with, section 309 by U.S. intelligence agencies of U.S. journal- only the Congress but the American of the conference agreement, which ists as intelligence agents or assets. Section people are aware of and has traveled deals with the use by U.S. intelligence 309 is similar to an amendment to the House extensively, probably our most exten- agencies of American journalists as in- bill which I authored and which, after modifica- sive traveler, but he is quite successful. telligence agents or assets. tion by Congressman MURTHA, was adopted The only thing I have ever asked of Mr. Section 309 is similar to an amend- by a vote of 417 to 6. RICHARDSON when he travels is he bring ment to the House bill which I au- The enactment of the conference report will more back than he took with him, and thored and which, after modification place in statute for the first time a policy state- he has done a great job. by the gentleman from Pennsylvania, ment that correspondents or representatives of Mr. DICKS. Mr. Speaker, I yield such Congressman MURTHA, was adopted by U.S. news media organizations may not be time as she may consume to the gen- a vote of 417 to 6. The enactment of the used to collect intelligence. Nothing could be tlewoman from California [Ms. WA- conference report will place in statute more detrimental to the safety of U.S. journal- TERS]. H11058 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Ms. WATERS. Mr. Speaker, I rise to rious problem and that he had to per- done that are not mentioned in this discuss an important intelligence mat- sonally get involved and find out as conference report either. So it is not ter that is not contained in this con- much about this as he could. that we are sliding your concerns ference report and, hopefully, I can es- The Director has done that, and he about this matter. Those are matters tablish a colloquy with the ranking has asked that. He has also stated that that would not be normally brought up member, the gentleman from Washing- he does not believe that the CIA was in a conference report. ton, Congressman DICKS, on this mat- involved, but he has asked the inde- I would also like to mention to the ter. pendent inspector general to com- gentlewoman, and, Mr. Speaker, I will I am speaking about recent reports pletely look at this matter. That is un- include in the RECORD a letter that the that hired CIA operatives sold drugs in derway. We are going to have an inves- gentlewoman from California [Ms. WA- the United States to fund the Nica- tigation over the next 60 days. TERS] sent to me, a response that I sent raguan contra operations in the early Then there will be a report to the to her in regard to the committee’s ac- 1980’s. The crack cocaine operation committee, which we will then look at, tions and the fact that the Central In- started by those that were involved in as we conduct our own investigation telligence Agency had begun an IG’s re- this particular project caused the in- going back and looking at events sur- port, had also contacted the Attorney troduction of the substance to south rounding the Iran-Contra affair and General as well; and a letter to me central Los Angeles and to other inner- previous reports that were done on this from the Speaker in which he ref- city communities. issue, because this is not the first time erences a contact that he had received Now, news of this scandal has spread that this issue has come up. from Ms. WATERS and his concerns and across America like wildfire, and there Also, I am told that the Attorney his requests that the committee report has been a flurry of activities around General has directed the Justice De- back to the Speaker, who is ex officio these reports. Today, I would first like partment’s inspector general to also on this committee as well, so that to commend Congressman DICKS, along conduct an investigation into the De- there is a complete paper trail in this with the gentleman from California, partment’s knowledge and involve- discussion on the part of the CONGRES- Congressman DIXON, and the gentleman ment, if any, in this issue, the involve- SIONAL RECORD about the committee’s from Texas, Congressman COMBEST, for ment of the CIA in this issue. So we interests, the Speaker’s interest, the their response to the request to open have the Justice Department looking gentlewoman’s interest, the interest of investigations around this issue. at this; General McCaffrey has also the gentleman from Washington, Con- I would like to ask Congressman said, the drug czar for the President, gressman DIXON’s interest. It is a mat- DICKS, who is here with us today, that they are looking at it; and the Di- ter that I hope as well does not prove whether or not he feels it is possible for rector of the CIA and this committee true, but it is not one that we have any the Permanent Select Committee on and our counterpart in the Senate I as- preconceived discussions or decisions Intelligence to provide the kind of in- sume will look at it as well. about. We will investigate it with all vestigation that can satisfy the citi- I hope for the sake of the American vigor. I thank the gentlewoman for yield- zens of this country, one way or the people that we are able to investigate this matter. I hope and pray that the ing. other, that our Government, the CIA, Mr. Speaker, I include for the DEA, was or was not involved in this story is not accurate. I think it would RECORD the letters to which I referred: kind of activity. be a devastating blow to the intel- The reason I ask the gentleman this ligence community, to the country, OFFICE OF THE SPEAKER, U.S. HOUSE OF REPRESENTATIVES, is because of his seniority on the com- and to thousands of Americans who Washington, DC, September 18, 1996. mittee. He knows the quality of the have been affected by crack cocaine if HON. LARRY COMBEST, work there. There is a lot of suspicion this, in fact, proved to be true or if Chairman, House Permanent Select Committee from the calls that I receive that there there was even knowledge about it and on Intelligence, Washington, DC. will not be the kind of investigation no action was taken at the time. DEAR CHAIRMAN COMBEST: Enclosed is a let- that will reap the kind of information I will just give the gentlewoman, the ter and enclosures I have received from Con- that we need to put this issue to rest. only pledge I can give you is that the gresswoman Maxine Waters concerning a re- minority member of the Select Com- cent series of articles that appeared in the I would like to ask the gentleman San Jose Mercury News that allege CIA in- whether or not he thinks this commit- mittee on Intelligence, the gentleman volvement in the introduction, financing and tee is up to the chore, up to the job. from California [Mr. DIXON], has been distribution of crack cocaine in Los Angeles. What can we expect? very much involved. We will vigorously I request that your committee investigate Mr. DICKS. Mr. Speaker, will the pursue this to try to find the truth and the allegations contained in these articles in gentlewoman yield? to present it to the American people. an effort to determine the truth of the mat- Maybe the gentleman from Texas ter. I would appreciate your reporting to me Ms. WATERS. I yield to the gen- the findings and conclusions of your inves- [Mr. COMBEST] would like to enter into tleman from Washington. tigation as soon as they are available. this at this juncture. b 1115 Thank you for your attention to this mat- Mr. COMBEST. Mr. Speaker, will the ter. Mr. DICKS. Mr. Speaker, first of all, gentlewoman yield? Sincerely, I want to commend the gentlewoman Ms. WATERS. I yield to the gen- NEWT GINGRICH, for her attention to this very serious tleman from Texas. Speaker of the House. matter. As someone who has a Mr. COMBEST. Mr. Speaker, just to Enclosure. McClatchy paper in my district, when I make certain that there is a complete U.S. HOUSE OF REPRESENTATIVES, PERMANENT SELECT COMMITTEE read these two articles, I was stunned record, first of all, all of the assurances ON INTELLIGENCE, by them. Of course, the conclusions that the gentleman from Washington Washington, DC. September 18, 1996. drawn there are done by inference. As has given, I certainly stand behind and Hon. MAXINE WATERS, you know, the Central Intelligence support. Congressman DIXON, a member Cannon Building, Washington, DC. Agency denies complicity in this series of our committee, is the first Member DEAR REPRESENTATIVE WATERS: I am writ- of events. of the House that brought this to our ing in response to your letter of September Having said that, first of all, I think attention. I think that was simulta- 17, 1996, concerning press allegations about CIA assets being involved in crack cocaine I wanted to give my assurance, and cer- neous with the gentlewoman’s under- distribution in California. tainly I would like to have the chair- standing of the potential problem. The I have already instructed the staff of the man have an opportunity to comment assurances were given at that time to Intelligence Committee to investigate these here as well, my assurance that our Congressman DIXON that there would allegations and have sent letters to DCI committee will look into this com- be a complete investigation. The staff Deutch and Attorney General Reno request- pletely and fully because we take it as was asked to embark immediately on a ing the cooperation of their agencies with our efforts. a very serious matter. full, thorough, and tenacious investiga- I know you have seen the press reports I called Director Deutch when I read tion. that DCI Deutch has instructed the CIA In- the articles and told him that I There are a number of other reports spector General to investigate these allega- thought this was going to be a very se- and investigations this committee has tions as well. I think this is a worthwhile September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11059 step. It has been Committee practice to ter that was sent to me by Mr. Deutch Committee to complete its investigation will withhold any final statements on issues of after I had talked to him on the phone be specified as the investigation proceeds. this sort until the Inspector General has re- about this issue on, late in August, just Allegations of the sort contained in the ported. I think it is prudent that we follow Mercury News erode public confidence in the to complete the RECORD. this course on this issue. The letters are as follows: Central Intelligence Agency. While we com- I understand your concern and appreciate mend your decision to have the Inspector your interest. Please feel free to contact me CENTRAL INTELLIGENCE AGENCY, General investigate this matter, the Com- or the Committee staff director, Mark Washington, DC, September 4, 1996. mittee must conduct its own inquiry as part Lowenthal, if we may be of further help on Hon. NORMAN D. DICKS, of its oversight responsibilities. Your co- this matter. Ranking Democratic Member, Permanent Select operation in this matter will be greatly ap- Sincerely, Committee on Intelligence, House of Rep- preciated. LARRY COMBEST, resentatives, Washington, DC. Sincerely, EAR R ICKS Chairman. D M . D : As you and I discussed in LARRY COMBEST, a 4 September conversation, allegations have Chairman. CONGRESS OF THE UNITED STATES, been made by the San Jose Mercury News NORM D. DICKS, HOUSE OF REPRESENTATIVES, that the Central Intelligence Agency en- Ranking Democratic Washington, DC, September 17, 1996. gaged in drug trafficking to support the Member. Hon. LARRY COMBEST, Contras in their effort to overthrow the San- dinista government in Nicaragua. Specifi- Chairman, Permanent Select Committee on In- CENTRAL INTELLIGENCE AGENCY, cally, the Mercury News alleges or infers a telligence, The Capitol, Washington, DC. Washington, DC, September 17, 1996. relationship between the Agency and drug DEAR MR. COMBEST: I call your attention Hon. NORMAN D. DICKS, smuggling activities in which two Nica- to an astonishing series of articles which ap- Ranking Democratic Member, Permanent Select raguan nationals, Oscar Danilo Blandon peared August 18–20, 1996 in the San Jose Committee on Intelligence, House of Rep- Reyes and Juan Norwin Meneses Cantarero, Mercury News. This report traces the origins resentatives, Washington, DC. were engaged. of the crack cocaine trade in South-Central DEAR MR. DICKS: I am writing in response Los Angeles to the early Central Intelligence I consider these to be extremely serious charges. The review I ordered of Agency to your letter of 6 September 1996 to Director Agency (C.I.A.)–directed effort to raise funds Deutch, in which you expressed concern for the Contra rebels seeking to overthrow files, including a study conducted in 1988 and briefed to both intelligence committees, sup- about recent press allegations that the the Nicaraguan government in the early Central Intelligence Agency engaged in drug 1980s. The CIA-connected agents who smug- ports the conclusion that the Agency neither participated in nor condoned drug traffick- trafficking in association with the Contras gled cocaine into the United States, con- in Nicaragua. We appreciate the concern verted it into crack, and sold it on the ing by Contra forces. In particular, the Agen- cy never had any relationship with either noted in your letter and stand ready to assist streets of Los Angeles. They subsequently you and the Committee in your review of expanded their business into other inner city Blandon or Meneses, nor did it ever seek to have information concerning either of them these extremely serious charges. neighborhoods throughout this country. The briefing that Agency officers provided Because of their seriousness, I believe withheld in the trial of Rick Ross. Although I believe there is no substance to to you and Mr. Dixon on 11 September 1996 these charges must be examined, in detail, as conveyed our assessment that the Agency quickly as possible by Congress. As the the allegations in the Mercury News, I do wish to dispel any lingering public doubt on neither participated in nor condoned drug chairman of the Intelligence Committee, I trafficking by Contra forces. As the Director believe you can begin this process. the subject. Accordingly, I have asked the Agency’s Inspector General to conduct an has stated, though, we believe it is essential What is being alleged is that portions of to dispel any public doubt on this subject. In the United States government—in particu- immediate and thorough internal review of all the allegations concerning the Agency particular, the Director shares your view lar, members of our intelligence commu- that the extent and disposition of any nity—may have exposed, indeed introduced, published by the newspaper. I will write again to report to you when knowledge by CIA officials of Contra in- the horror of crack cocaine to many Amer- the Inspector General’s review is completed. volvement in drug trafficking must be as- ican citizens. I, and many people in commu- I have asked that the review be finished sessed. nities across America, are horrified by the within 60 days. As you know, the Agency Inspector Gen- documented travails of these activities. As An similar letter is being sent to Chairman eral (IG) has launched an investigation of policymakers, we have an obligation to un- Combest. the allegations and we will keep you ap- cover the truth in this matter. Sincerely, prised of progress and results of that work. I believe Congress, and in particular the JOHN DEUTCH, Beyond the IG effort, however, I want to re- United States House of Representatives, Director of Central Intelligence. iterate Director Deutch’s assurances that we must take swift, serious, and forceful action will cooperate fully with you and the Com- to show the American people we are deter- U.S. HOUSE OF REPRESENTATIVES, mittee in any inquiry you may conduct. mined to examine the allegations leveled by PERMANENT SELECT COMMITTEE Sincerely, these reports. Moreover, we must show our ON INTELLIGENCE, JOHN H. MOSEMAN, determination to punish the drug dealers Washington, DC. September 17, 1996. Director of Congressional Affairs. who have literally destroyed thousands of Hon. JOHN M. DEUTCH, American families through the horrors of Director of Central Intelligence, Ms. WATERS. Mr. Speaker, I would crack cocaine and the violence associated Washington, DC. like to thank the chairman and the with it. DEAR DR. DEUTCH: We have read with con- ranking member for the cooperation I understand we are approaching the end of cern the recent series of articles that ap- that they have shown thus far in mov- this session of Congress. However, I believe peared in the San Jose Mercury News alleg- ing toward this investigation. It has these charges are so serious that they war- ing Central Intelligence Agency involvement been mentioned on any number of occa- rant Congress’ immediate attention, even if in the introduction, financing and distribu- that necessitates extraordinary procedures. sions that we have had these kinds of tion of crack cocaine into communities of investigations, but this one, I think, is I look forward to working with you on this Los Angeles. According to the articles, these most serious matter. your committee is activities were undertaken to provide a con- very special and different. charged with one of the most important re- tinuing stream of support to the Nicaraguan While in the past there has been sponsibilities in Congress. With your help, I Democratic Resistance in their efforts to some mention of drugs, there has not believe we can start a process that will give overthrow the leftist Sandinista govern- been an investigation that tried to de- us answers to the serious questions raised by ment. termine whether, in fact, there was an the San Jose Mercury News. Thank you in These allegations, if true, raise serious advance for your cooperation. introduction of large amounts of co- concerns about the activities of the United caine into south central Los Angeles Sincerely, States intelligence community in support of MAXINE WATERS. the Nicaraguan Democratic Resistance. To and spread out among the gangs in Mr. DICKS. Mr. Speaker, if the gen- effectively discharge the responsibilities of south central Los Angeles and further tlewoman will continue to yield, I this Committee, we have instructed the staff to other gangs in other cities, and the would also like to insert in the RECORD to undertake an investigation of the charges proceeds from this drug activity being a letter that the chairman and I sent leveled in the Mercury News. In order to given to the Contras to fund the FDN. to Mr. Deutch. I do not believe that complete this undertaking it will be nec- So it takes a little bit of a different was mentioned by the chairman. essary for staff to review certain documents turn here when we look at whether or in the possession of the CIA and to interview I would also like to put in the relevant Agency personnel. In this regard, not CIA operatives were involved in RECORD a response that was given to us we request that necessary information and this drug trafficking into inner-city from John Moseman, director of con- personnel be made available to the Commit- areas. And of course my interest is well gressional affairs, and also another let- tee staff. The documents necessary for the known. Part of my district is south H11060 CONGRESSIONAL RECORD — HOUSE September 25, 1996 central Los Angeles, where that is issue and tell her that we will work through out intelligence capabilities. I identified in the San Jose Mercury very closely with her. want to thank again Mr. COMBEST and News report, and part of that district Mr. Speaker, I yield such time as he Mr. DICKS for their willingness and that I represent is plagued with crack may consume to the gentleman from help in bringing the bill along in this cocaine addiction, crack-born babies, Colorado [Mr. SKAGGS]. respect. violence, gang warfare, turf warfare. Mr. SKAGGS. Mr. Speaker, as the I urge adoption of the conference re- So if I seem a little bit overzealous discussion just concluded indicates, a port. on this issue, I beg your understanding. free and democratic country such as Mr. DICKS. Mr. Speaker, I yield 11⁄2 It is something that is near and dear to ours faces a peculiar predicament in minutes to the gentlewoman from Or- me and an issue that I really do feel we trying to deal with secrets, with spy- egon [Ms. FURSE], my good friend and need to get at in this Congress. We ing, with the activities of the intel- colleague. have had the so-called war on drugs, ligence community in a way that is as Ms. FURSE. Mr. Speaker, I thank the but as I read through the records and I consistent as possible with our demo- gentleman for yielding me the time. see where there was a lot of drug activ- cratic values and the principles of open I want to refer to the conversation ity around this Contra funding and government. It is a ticklish and deli- that took place earlier regarding the where we have had operatives involved cate responsibility that this committee crack situation, the articles of crack with drugs who ended up getting off undertakes on behalf of the full mem- cocaine being brought in to fund the with no time, little time, and all the bership of the House. Nicaraguan war. conversations and the notations in I just want to commend both the gen- There are two points I would like to some of the diaries of leading figures in tleman from Texas, our chairman, and make: One, that did not just happen in this activity, I want you to know that our ranking member from Washington east Los Angeles. It is my understand- it leaves me no choice but to be over- State and the fine staff that the com- ing from this article that a notorious zealous and to be very, very persistent mittee has for this ongoing effort. drug dealer who plagued Portland, OR, and to work cooperatively with all of One of the things that we are able to the gangs moved into Portland, OR, you to try and keep people focused on talk about in debate and in the open is and they brought the crack cocaine, is this new link, this direct link, of drugs the efforts that are ongoing to try to also implicated in this issue. So this is into the inner cities. deal with the system of classification a nationwide problem that every one of And maybe it will help us to create a of national security information. This us needs to be concerned about. real war on drugs, not just rhetoric, bill continues the effort that has been The second issue I would like to not just public relations efforts, but a under way for a couple of years now to bring to the chairman and the ranking real effort by the Congress of the Unit- push the intelligence community, both member is an issue of immigration. We ed States to rid our communities of with regard to greater discipline in are going to deal with an immigration drugs and crack cocaine, one of the classifying information and improved bill later today, but I wanted to quote most awful drugs that any human activity toward declassification of old from a judge who talked about a noto- being could have ever introduced. material or material that no longer rious person, a Mr. Meneses, who was Mr. COMBEST. Mr. Speaker, if the really has national security signifi- very involved in this. He was arrested gentlewoman will continue to yield, cance, so that as much as possible we in 1991 in Nicaragua. The judge, Judge one other matter that I think would be can bring the records of this Govern- Martha Quezada, said, ‘‘How do you ex- pertinent to mention at this time: The ment into the public domain, when plain the fact that Norwin Meneses, gentleman from Ohio [Mr. STOKES], they present no further risk to na- implicated since 1974 in the trafficking who in fact at one time was chairman tional security, and honor as much as of drugs, has not been detained in the of this committee and was a member of we possibly can the important prin- United States, a country in which he the Iran-Contra Committee, we under- ciple that this is the people’s govern- entered, lived, departed many times stand there is a letter on its way to the ment and they ought to know as much since 1974?’’ committee from Mr. STOKES requesting as they can about what goes on. The contras who were funded with this drug that he be granted access to documents Related to that is, again, an impor- money had their base camps in Honduras at during the time he served as chairman tant provision in this bill that contin- the time. There are allegations that some of to further investigate part of the Iran- ues the efforts that have been under them were involved in cases of disappear- Contra papers. way for a couple of years as well, to ances in Honduras. Right now, in a landmark I have discussed this with Mr. DICKS bring into public domain and access, case, Honduran military officers have been in- and we have, are going to take that up information gathered through our in- dicted for their involvement with human rights with the where the committee would telligence assets that relate to very violations and their trial is pending. Some of have to vote to approve that. The com- pressing global and domestic environ- those military officers had very close ties to mittee will have absolutely no objec- mental issues. the contras. tion to that and will take that up this I think we all recognize that much of During the early 1980's the United States afternoon at a hearing at 2:00, assum- this country’s foreign policy and na- sent millions of dollars to the Honduran mili- ing that we have that letter. So we are tional security issues will derive di- tary as a bulwark against the Sandinista gov- trying to move as expeditiously as pos- rectly or indirectly from the pressures ernment in Nicaragua and against the guerril- sible to help Mr. STOKES in his inquir- of environmental degradation, popu- las in both El Salvador and Guatemala. We ies as well. lation growth, all that goes with that. built and operated military bases, airfields, and Ms. WATERS. Mr. Speaker, it is my It is important that we make avail- sophisticated radar systems on Honduran ter- understanding that, as chairman of the able to the civilian community, the ritory. The United States Government also committee, you automatically have folks outside the national security es- helped to establish, train, and equip a special subpoena powers; is that correct? tablishment, as much of the informa- military unit which was responsible for kidnap- Mr. COMBEST. The gentlewoman is tion as we can relating to these issues ping, torture, disappearance, and murder of at correct. that happens to have come into our least 184 Honduran citizens; students, profes- Ms. WATERS. And that you may possession through overhead imagery sors, journalists, and human rights activists. choose to use those subpoena powers at and other assets that the intelligence Human rights investigators have been any point in your investigation and community has. thwarted by a dearth of information within your hearings? This bill, along with pushing on de- Honduras. Our Government has records that Mr. COMBEST. The gentlewoman is classification in general, also increases would be useful to those in the Honduran correct. the funding levels for moving some of Government who are attempting to bring jus- Ms. WATERS. I thank the gentleman this material out of the classified tice and prosecute those who are guilty of very much. I just wanted to put that on realm and sharing it with appropriate human rights atrocities. the RECORD, because the question has agencies of government, civilian re- Mr. Speaker, I want to stress the importance been asked of me by people calling in. searchers, and others that can put to of declassification of documents, the funding Mr. DICKS. I want to commend the productive use this very significant in- for which is authorized in this conference re- gentlewoman for her leadership on this formation that we happen to acquire port. The State Department has provided September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11061 some initial documents to the Honduran Gov- with a group that was involved with am telling my colleagues that at the ernment. My colleagues, Mr. LANTOS and Mr. the contras, but to say they were out time we spent 2 years investigating PORTER, cochairs of the Congressional Human there raising money at the behest of this very subject matter in the Sub- rights Caucus, are circulating a letter to the the U.S. Government, the CIA was committee on Crime there was no cred- President right now that asks for declassifica- helping them, and that kind of innu- ible evidence to corroborate the allega- tion of documents that will help shed light on endo, I think is putting the horse be- tions that were made. If there had the situation of human rights abuses in Hon- fore the cart and making some conclu- been, we would have been putting it duras during the time of our contra-drug con- sions or suggested conclusions that forward back several years ago, and nection. just are not warranted at this time, what is now being put on the table in I urge my colleagues to sign Mr. LANTOS' and I would urge my colleagues to re- public knowledge in court is very com- and Mr. PORTER'S letter, and to continue our frain from jumping to any conclusions parable to what we had 2 years ago; and quest for truth in the morass of problems about this matter. I just doubt, and I am not saying I am caused by United States involvement in war Let the CIA do its investigation. concluding it, but I doubt seriously fur- against the Nicaraguans. Ms. WATERS. Mr. Speaker, will the ther investigation is going to turn up gentleman yield? b 1130 more, but I am happy to have further Mr. MCCOLLUM. I yield to the gen- investigation. I just do not want it to So I want to congratulate the chair- tlewoman from California. go past today with all these comments man and the ranking member for tak- Ms. WATERS. Mr. Speaker, I would being spread on the record, with ing this so seriously because it really like to caution the gentleman, before innuendoes out there, with the impres- does implicate so many of the institu- he takes such a tough stand in defense sion being left everybody who knows tions we hold in such high esteem in of the CIA, that there has been testi- anything about this in Congress thinks this country, and I want to say that mony under oath in Federal court in it might be true. I think it in all prob- the citizens of Portland, OR, are ex- northern California by Mr. Blandon ability is not, but I do not know that tremely concerned that these drugs that he indeed under oath said he for a fact, just like I was not sure a 100- came into our fair city and have so worked for the CIA, and it is also re- percent back when we did the inves- hurt the lives of young people. corded and documented that he was a tigation. But we sure did not turn up Mr. COMBEST. Mr. Speaker, I yield known drug dealer. anything, and we spent a lot of time such time as he may consume to the So I want to caution the gentleman looking for it. gentleman from Florida [Mr. MCCOL- that there is testimony under oath in Mr. COMBEST. Mr. Speaker, how LUM], a member of the committee. Federal court by one of the CIA much time is remaining on both sides? Mr. MCCOLLUM. Mr. Speaker, I operatives, and the gentleman from The SPEAKER pro tempore (Mr. thank the gentleman for yielding this Florida needs to know that. CAMP). The gentleman from Texas [Mr. time to me. I am very concerned about Mr. MCCOLLUM. Mr. Speaker, I want COMBEST] has 23 minutes remaining, the allegations I have heard discussed to reclaim my time and say, so one per- and the gentleman from Washington this morning about the CIA having had son has said this under oath; I do not [Mr. DICKS] has 2 minutes remaining. a role in drug trafficking back during doubt he has. I am suggesting his credi- Mr. COMBEST. Mr. Speaker, I yield 5 the Iran-contra period, mainly because bility is seriously in question, has been minutes to the gentleman from Wash- I do not personally think there is any all along. We knew about Mr. Blandon ington [Mr. DICKS], and I ask truth to it and I have some personal at the time that we did our investiga- unianimous consent that the gen- knowledge about it. tion in the Subcommittee on Crime tleman from Washington be permitted I recall that when I was the ranking several years ago, and that was one of to control that time. member and when we were in the mi- the primary reasons why we did the in- The SPEAKER pro tempore. Is there nority on my side of the aisle and I was vestigation, was because of this whole objection to the request of the gen- the ranking member of the Crime Sub- trail. tleman from Texas? committee of which I am now chair- I am not saying it is not possible, and There was no objection. man, then-Chairman Bill Hughes of I am not saying that we should not Mr. DICKS. Mr. Speaker, I New Jersey and I spent 2 years inves- have the CIA look into it. I am happy approrpiate that courtesy and I yield 2 tigating the question that is raised by they are doing it. All I am suggesting minutes to the gentleman from New the newspaper accounts that have been is that this morning there has been no- York [Mr. HINCHEY]. reported this morning. We sent com- body questioning these articles. In this Mr. HINCHEY. Mr. Speaker, I want mittee staff actually live down into the discussion we have been sounding like to express my appreciation to the Nicaraguan scene to investigate these we are taking it as probably true. I chairman and the ranking minority allegations. A lot of time, staff time, think it is probably not true, but we member of the committee for their ex- was spent, and the net result of the 2- will wait and find out. But my judg- pressed interest in the issues that have year investigation was there was no ment from what I know of it is it is been raised this morning by the gentle- substantial credible evidence that this probably not going to be corroborated. woman from California and Oregon. occurred. Mr. WATT of North Carolina. Mr. We are aware of a recent series of ar- Mr. Speaker, what we have out here Speaker, will the gentleman yield? ticles that appeared in the San Jose this morning and what we have seen Mr. MCCOLLUM. I yield to the gen- Mercury News which once again draws discussed in the last week or so are tleman from North Carolina. very disturbing attention to allega- some newspaper accounts of a state- Mr. WATT of North Carolina. Mr. tions that the Central Intelligence ment made by a known criminal in Speaker, I just want to caution the Agency during the early years, the dec- California in a case which has been re- gentleman not to do exactly what he is ade of the 1980’s conspired with former leased to the public now where he has cautioning everybody else not to do. members of the Samosa government in made these allegations, but there is no Everybody else has talked about alle- Nicaragua to bring into this country corroboration of it. I understand that gations. It is the gentleman who has large quantities of cocaine, and that Mr. Deutch, who is the director of the come to the floor and sprung instinc- cocaine traffic was used to finance the Central Intelligence Agency, has said tively to the defense of somebody that early years of the war that was lost by he will thoroughly look into this again, we have not even charged with doing the contras against the Nicaraguan but I feel very confident that based on anything other than ‘‘let’s inves- Government; and furthermore, that what I know and having been through tigate,’’ and for the gentleman to come those large quantities of cocaine were this process for 2 years with an inves- to the floor and say I have concluded distilled into crack cocaine, and that tigative team, that there is going to be that I do not think these allegations crack cocaine eipidemic then swept no credible evidence turned up to cor- have any basis is the gentleman doing from California and the West Coast all roborate this. exactly what he is cautioning us not to the way across this country and con- I do not doubt there may have been do. stituted the worst epidemic of drug some drug dealing by somebody who Mr. MCCOLLUM. Reclaiming my abuse that we have seen in the history was in some way connected historically time, I have not concluded anything. I of our Nation. H11062 CONGRESSIONAL RECORD — HOUSE September 25, 1996

This is an issue that needs detailed, I would just like to say that when I from California [Ms. WATERS], who thorough examination. first came to Congress, which was 9 have expressed grave concern about The reason these stories persist is be- years ago, shortly thereafter we had a this issue and again leave on the table cause prior investigations by this body conference in our community, headed the question if this did occur, let us and other bodies have failed to reach up by Dr. Cecil Williams of the Glide find out, and if it was occurring, this into the very depths of the problem and memorial to see why we had this epi- transfer, the sale of crack cocaine for uncover precisely what went on here. demic of crack cocaine among African- money for the Contras was taking I am not suggesting that there was a American women. There were those in place, and the CIA did not know about coverup, but what I am suggesting the African-American community who it, why did they not know about it? however is this: that there was an inad- thought, and others of us who shared Mr. COMBEST. Mr. Speaker, I yield equate investigation by the Iran- their view, that there was an attempt such time as he may consume to the Contra Committee and by other inves- to target these women as well as gentleman from California [Mr. LEWIS], tigative bodies that looked into this targeting the African-American fam- a valued member of the committee. issue in the past. ily. It seemed like an act of the devil, Mr. LEWIS of California. Mr. Speak- This issue will not die, it will not go and I had hoped that it was not true, er, I thank very much my chairman for away until it is resolved once and for and I still do hope that it is not true. yielding me this time, and I must say all, until we get to the very bottom of So that is why when the articles that I would like to associate myself it, until we know precisely and exactly came out in the newspaper and we with many of the remarks of my col- what occurred, and it is critical that heard other rumors of this, it rang league from California [Ms. PELOSI] we do so because the veracity and au- true, it related to something, and hope- who serves with me on the Permanent thenticity of very important agencies fully again it is not true, but it does Select Committee on Intelligence. She within this Government are at stake, beg the question. If the Central Intel- could say, as I would, that very much and until we know exactly what hap- ligence Agency was not involved, and of our work is done behind closed pened and who was involved in it and let us hope they were not, did they doors. what went on, this issue will not rest. know that the Contras were involved in b 1145 It is the responsibility of this Con- drug trafficking at a time when the gress to look at this matter and to United States was funding the Contras? During the short time that I have look at it with the utmost care, con- If they did not know, if the Central In- been on the committee, I am amazed at cern and in the greater depth and de- telligence Agency did not know that the number of hours that we spend tail, and I am very grateful that we the Contras were engaged in drug traf- looking at these agencies that are so have had these expressions of support ficking to get money, why did they not important to our country. in this regard from both the chairman know? Is it not the business of the Mr. Speaker, I would start with that and the ranking member this morning. Central Intelligence Agency? comment. The FBI and the CIA and This is something that we have to get So while I respect the first response agencies that relate to intelligence to the bottom of. that we have received from Director work are critical to the interests of our Mr. DICKS. Mr. Speaker, I yield 4 Deutch, whom I hold in high regard, I country here at home as well as in the minutes to the gentlewoman from Cali- do think that we have to look into world. fornia [Ms. PELOSI] who is a valued this, and that is why I was so pleased In this time of very significant member of our Permanent Select Com- to hear our chairman, the gentleman change in the world, the President mittee on Intelligence. from Texas [Mr. COMBEST], respond to needs now more than at any other time Ms. PELOSI. Mr. Speaker, I thank the gentlewoman from California [Ms. excellent sources of information avail- our ranking member for giving me this WATERS] that the subpoena powers able to him as he represents our inter- time today and for his leadership, as would be available; that is my under- ests here at home, but especially well as that of the gentleman from standing, and that I thank the gentle- abroad. I must say that because we Texas [Mr. COMBEST], of the Permanent woman from California [Ms. WATERS] meet behind closed doors, ofttimes the Select Committee on Intelligence. for her leadership and the gentleman stories of the successes of those agen- While we do not always agree on from New York [Mr. HINCHEY] for cies are not heard about, let alone told many of the issues before the commit- speaking out on this issue. or believed. tee, I do want to associate myself with But we are at a crossroads. Much has On the other hand, I can certainly the comments that went before regard- been said about the end of the cold war understand the concern of many of my ing the investigation of the potential and the rest. We are at a crossroads colleagues, like the gentlewoman from drug Contra crack cocaine into the now where we look at the intelligence Los Angeles, CA [Ms. WATERS], about United States and especially into the community and say why are we com- the potential impact of any govern- African-American community. mitting x number of billions of dollars ment activity that might affect a com- Before I go into that, though, I want in resources to this? Why is it justi- munity that we would hope to serve to associate myself with the remarks fied? And there has to be a justification here in this Congress, especially as it of my distinguished colleague, the gen- in this stiff competition for the dollar. relates to drugs. Stories in a newspaper tleman from Colorado [Mr. SKAGGS], At the same time, we have to have are one thing. Believing those stories that he made on the declassification confidence We want our President, automatically is another. For goodness issue and on the environmental issues whoever that President is, to have the sakes, in my own campaigns I have related to the resources of the intel- best possible intelligence to help make seen stories developed by so-called rep- ligence community and to thank him his decisions to help make the world a utable people that I wish somebody for his leadership on those two scores, safer place. We do not want to see us would question before they conclude. as well as others, that come before our going into a place where intelligence Having said that, it is very, very im- committee. They are both very impor- funding is justified by economic espio- portant that we recognize the impact tant, and in the interest of time I will nage or other things that are not ap- of drugs upon our society, and not just associate myself with his remarks propriate to it; those that are appro- allow a story like this to take our eye and spend my time on the issue of the priate in the realm of the economy, off the ball. The ball involves those crack cocaine. sure, but not just across the board. people who make a living importing I think it is perfectly appropriate And at this very time we have this drugs and then delivering them to our that we have the exchange that we very serious question about the integ- communities. We should take our have had. Certainly we do not want to rity of the intelligence community in gangs and the repeated sellers and just make accusations, we want to see the past decade, of the CIA in the past throw the key away when they are kill- what is real about them in order for us decade, at a time where this Congress ing our young people because of their to keep faith with the American peo- was divided in a way that new Members activities. ple, with the intelligence community, have not even seen the likes of. It is very important that we recog- and as my colleagues know, that is a So I want to associate myself with nize that the President knows well the big order. those, especially the gentlewoman successes of these agencies and knows September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11063 of their importance to his work. At the I join the ranks of all of the Members I ask my colleagues to join us in same time, we in the committee are who have spoken this morning, because agreeing with those who have spoken committed to doing everything we can when we find crack babies lying in hos- that we have a full investigation of to make sure if there is any agency in- pitals, when we find children who are these devastating charges of crack co- volved in this sort of linkage, that they trying to go to school and who are un- caine being brought in by CIA agents be taken to the wall. able to be educated because of the men- and others. There is work to be done here. Most tal incapacity that they have, when we Mr. DICKS. Mr. Speaker, I have no of it must be done in our intelligence have a community that has been to- further requests for time, and I yield room. I would urge my colleagues not tally destroyed, we cannot help but to back the balance of my time. to deal with the extreme sensational- come to this body to ask for a thor- Mr. COMBEST. Mr. Speaker, I yield ism that is here, that sometimes gets ough investigation. myself such time as I may consume. headlines that we all kind of love. In I join the ranks of all of the Members In closing, Mr. Speaker, I would just the meantime, it is very important for who have spoken this morning, because say, in my 8 years on the committee, America that we deal with this respon- when we find crack babies lying in hos- one of the highlights has been the op- sibly. pitals, when we find children who are portunity to get to know people who Mr. DICKS. Mr. Speaker, I yield 30 trying to go to school and who are un- work in the intelligence community, seconds to the gentlewoman from Cali- able to be educated because of the men- not only in the United States but fornia [Ms. PELOSI]. tal incapacity that they have, when we around the world. They do it knowing Ms. PELOSI. Mr. Speaker, I thank have a community that has been to- that and hoping that their successes the gentleman for yielding time to me. tally destroyed, we cannot help but to and endeavors will not be on the front Mr. Speaker, I just want to respond come to this body to ask for a thor- page of the paper. They do it because to the gentleman from California [Mr. ough investigation. they are true patriots. They are people LEWIS], and say that I completely This has now become not just a south who literally put their lives on the line agree with him that we should not be central Los Angeles problem or a Cali- for this country and the national secu- taking at face value anything we read fornia problem. Members heard the rity of this country, and have done a in the newspaper, especially something gentlewoman from another part of the remarkable job. I wish it were possible of this gravity. However, we do need to northern States, I think Oregon, who to talk about the successes that this look beyond the headlines. I do not spoke on this issue. This is a national country enjoys from the hard, dedi- take him to say anything other than problem. I think it is incumbent upon cated, and very dangerous work these people do. that. this body to ask for and demand a thor- Mr. Speaker, I ask that Members sup- I wanted to make one more point. In ough investigation of this drug traf- our Committee on Appropriations last port this conference report. ficking into south central and into Mr. DICKS. Mr. Speaker, will the week we had a big item for interdic- other urban areas of this country. gentleman yield? tion, hundreds of millions of dollars we We can ill afford to have a commu- Mr. COMBEST. I yield to the gen- spent for interdiction. We are spending nity think that we will not pay close tleman from Washington. that on the intelligence community to attention nor will we take this very se- Mr. DICKS. Mr. Speaker, I want to keep drugs out of the United States, riously and look into the allegations concur with the gentleman from Texas. and at the same time we do not know, that are very startling in the San Jose In my service on this committee, and we might not know about one very, Mercury News. as a member of the Committee on Ap- very egregious example of drugs com- I join with all of the Members who propriations over the years, the profes- ing in which we should have been have spoken this morning, I join with sionalism, the competence, the hard aware of, that we may have been party my colleague, the gentlewoman from work, and the dedication of the people to. I think it is a very serious issue. California, Ms. MAXINE WATERS, in ask- in the intelligence community is ex- Mr. COMBEST. Mr. Speaker, I yield 2 ing that this be brought to the fore- traordinary. They have done a tremen- minutes to the gentleman from Wash- front and that we get down to the bot- dous service for this country. ington [Mr. DICKS], and I ask unani- tom of this very insidious act that has Having said that, I still believe we mous consent that he may yield that plagued our communities and that has have to look at these charges seriously. time. absolutely destroyed a whole commu- I will remind everyone here that there The SPEAKER pro tempore. Is there nity. I urge Members to pay close at- were some extralegal questionable ac- objection to the request of the gen- tention, and I call on my colleagues for tivities during this whole Iran-Contra tleman from Texas? a thorough investigation of this insid- period run right out of the White There was no objection. ious act. House. So it is conceivable that there Mr. DICKS. Mr. Speaker, I yield 2 Mr. DICKS. Mr. Speaker, I yield 30 may be some explanation besides the minutes to the gentlewoman from Cali- seconds to the gentlewoman from one that the San Jose Mercury has fornia [Ms. MILLENDER-MCDONALD], a Texas, Ms. SHEILA JACKSON-LEE. come up with. That is, again, another new Member who is very concerned Ms. JACKSON-LEE of Texas. Mr. reason why we need to get to the bot- about this subject and has talked to me Speaker, I thank the ranking member tom of this. about it on several occasions. of the committee very much for yield- Even if it was not the CIA, I am very Ms. MILLENDER-MCDONALD. Mr. ing time to me. interested to know, how did crack co- Speaker, I have come down because I Mr. Speaker, in responding to the caine get introduced into this country, was just getting back to my office gentleman from California, let me ac- who was behind it. And maybe that is when I recognized my colleague, the knowledge that we do not have to not even our jurisdiction, but that is gentlewoman from California [Ms. WA- make a broad-based attack on the in- something this Congress should be in- TERS], speaking to this whole issue telligence community. All of us ac- terested in as well. I appreciate the that we have been plagued with in knowledge the importance of national gentleman yielding. I urge Members to south central Los Angeles. I, too, rep- security. pass the conference report. resent the heart of Watts, However, we must stand aside from Mr. COMBEST. Mr. Speaker, I yield 1 Willowbrook, and Compton, those areas the intelligence community and de- minute to the gentleman from Texas that were ravished by this insidious mand an investigation of the bad ac- [Mr. COLEMAN]. act. tors that have been alleged to have Mr. COLEMAN. Mr. Speaker, I thank While I was sitting here watching the conveyed and transported dangerous the gentleman for yielding time to me. gentleman who spoke about his inabil- and devastating drugs throughout the Mr. Speaker, I only want to point out ity to think that the CIA was involved entire Nation, that have resulted in the to the House that part of our respon- in this, I had to come down to say we loss of lives throughout my community sibility in this committee is to see to it cannot conclude whether they were in- and the loss of lives of young children that, indeed, we understand and recog- volved or not involved, but it is a seri- and babies and families and destruc- nize our role in dealing with the issue ous issue that we must call up for a tion. We must now demand an inves- of the hiring, the retention, the pro- thorough investigation. tigation and have one. motion of minorities and women and H11064 CONGRESSIONAL RECORD — HOUSE September 25, 1996 the handicapped in the agencies that This provision goes against the very American workers and their families, and in- we oversee. principle of family reunification and crease the burden on our taxpayers. There have been allegations made would deny low-income families from Jobs are the magnet attracting illegal immi- public in the past that indeed the NSA, reuniting with their own minor chil- grants, and it is a criminal network of employ- the CIA, the Department of Defense, dren and other family members. This is ers who hire these workers at the expense of and others may not have been doing an egregious example of discrimination unemployed Americans. We must make it the kind of job we want them to do. against the poor. It says that we only clear to those rogue employers, who are will- Thanks to Chairman COMBEST’s lead- care about reuniting families of a cer- ing to cheat hard-working Americans out of ership and that of the ranking member, tain income level, and that because employment opportunities, that their behavior the gentleman from Washington, Mr. you are poor you do not deserve to be will not be tolerated. DICKS, there have been a series of hear- reunited with your family. I can think Instead, this bill lessens the penalties ings over the past several years in ac- of nothing that is more anti-American against those who skip over American workers quiring and achieving the kind of data and antifamily. to hire foreign workers. It also reduces the that will show that this Congress does It is not only legal immigrants who number of inspectors we wanted to put in the take very seriously its charge from are hurt under this conference report, field to combat this illegal behavior. If you are this House that we intend to do what but also U.S. citizens who will be sub- a U.S. citizen, willing to work hard and make the President of the United States, Bill ject to more discrimination with lim- an honest living, you may still lose out due to Clinton, said when he took office. That ited remedies for violations of their the growing number of employers allowed to was that we wanted our Government to rights. flaunt the law and hire cheaper illegal immi- reflect the diversity that is America. I This conference report makes it more grants without the real risk of punishment want to thank publicly Chairman COM- difficult for prospective employees to under the law. BEST for permitting those hearings. bring discrimination cases against an Mr. Speaker, existing laws limit the ability of Mrs. MINK of Hawaii. Mr. Speaker, I rise employer. A job applicant must now legal immigrants to become public charges. today to express my strong opposition to the prove that the refusal of a job is a re- However, the harsh deeming requirements in conference agreement on the Immigration and sult of intentional discrimination, a H.R. 2202 will deny many legal immigrants as- Nationality Act. This conference report goes higher legal standard than is currently sistance they should be entitled to. I say enti- far beyond efforts to curb illegal immigration in required. This provision will affect U.S. tled, not only because they are legal residents this country by unfairly targeting legal immi- citizens who look Asian or Hispanic, who pay taxes and are eligible for the draft, grants and promoting discrimination among who will no doubt be singled out for but because they pay far more in taxes than U.S. citizens as well. greater scrutiny and discrimination, they use in public services. Once again the proponents of the anti-immi- with very limited remedies available to The Urban Institute conducted a study gration sentiment in this country are using the them. which found that legal immigrants pay $40 bil- banner of illegal immigration to impose injus- It gets even worse, because the con- lion more in taxes than they collect in public tice on those immigrants legally in this coun- ference report does not include lan- assistance. Similar studies have shown that tryÐimmigrants who pay taxes, contribute mil- guage in the House-passed bill which legal immigrants are less likely to collect pub- lions of dollars into our economy, abide by the would have allowed American workers lic assistance than U.S. citizens. And the con- same laws we do, and are even eligible to be who lose their jobs because of govern- servative Federal Reserve Bank of New York drafted into the military. Yet this conference ment computer errors concerning their published a study which shows that immigrant report, like the welfare bill before it, singles out immigration status to seek compensa- families contribute approximately $2,500 more legal immigrants by effectively denying them tion. This means if someone is mistak- in taxes than they obtain in public services. access to Federal programs. enly discriminated against, loses their In addition, it appears that the anti-environ- Specifically the conference report subjects job because of a computer error, they ment 104th Congress had to attack our envi- legal immigrants to deportation if they use any have no way to seek just compensa- ronmental laws one more time in their mad means-tested Federal assistanceÐFederal as- tion. rush to adjourn. The provision, deemed even sistance in which eligibility is based on in- This is not a theoretical argument, by my pro-environment Republican colleagues comeÐfor more than 1 year in the aggregate. because it is already happening in our to be outrageous, would inflict a loss of power Practically speaking this provision bans legal education system. Even before the pas- for States and local governments anywhere immigrants from any Federal assistance pro- sage of this bill students of Asian and along thousands of miles of our Canadian and gram based on income levelÐstudent financial Hispanic ethnic heritage are experienc- Mexican borders to build fences, roads, or aid, federally funded English classes, job train- ing heightened scrutiny and delays be- other infrastructure. ing, health and assistance under Medicaid, or cause of extra measures to verify their As a representative of a Canadian border other Federal programs. citizenship status. Student loan checks district, I cannot support legislation which It just escapes me why we would want to for student loans are being revoked be- casts aside opportunities for public participa- punish a legal immigrant for pursuing edu- cause of mistakes in the Social Secu- tion under the National Environmental Policy cation or job training and making an effort to rity system, even though these stu- Act [NEPA] so that local communities and citi- become an even more productive participant dents are U.S. citizens and their only zens in Michigan could have a say before the in our economy and society. crime is being born of Asian/Pacific or INS decides we need a giant fence to sepa- The proponents of today's measure are the Hispanic ethnic origin. rate ourselves from our Canadian neighbors. same people screaming for English only legis- It pains me to think that we have Indeed, Speaker GINGRICH has received word lation. They state that people in this country come to a place in our society that we from the attorney general, the Secretary of the should learn English, people can't succeed in must single out anyone who looks dif- Interior, and the chair of the President's Coun- this country if they don't know English, yet on ferent or speaks differently and make cil on Environmental Quality that the adminis- the other hand they support this conference them second-class citizens in this Na- tration objects strongly to this weakening of report which could cause the deportation of tion. This is where this immigration environmental standards. legal immigrants because they utilize a year of bill takes us. Mr. Speaker, previous experience teaches federally funded English classes. One can Mr. Speaker, many of us want to us that: limiting services to legal immigrants only surmise that the intention here is not to tackle the problem of illegal immigra- can risk public health and safety, as well as help legal immigrants assimilate into American tion in this country, but not at the ex- raise costs; limiting employment enforcement society but to keep them out of our country al- pense of the rights of legal immigrants provisions costs American's jobs; and limiting together. and citizens. I urge my colleagues to environmental protections under Federal stat- The conference report limits legal immigra- vote against this mean-spirited bill. ute can place our communities' health and tion by putting a new arbitrary income barrier Mr. DINGELL. Mr. Speaker, we should be well-being at needless risk as a result of in- to family immigration into this country. It estab- meeting here today to discuss a bipartisan bill competent legislation. lishes a new income requirement of 200 per- to better protect American jobs, public serv- I urge support for Democratic efforts to fix cent of the poverty level for anyone who seeks ices, and our borders. We have missed that some of the more obvious errors in the bill to sponsor a parent, sibling, or adult child, and opportunity. We are now faced with a bill, H.R. through the motion to recommit, and barring 140 percent for those sponsoring a spouse or 2202, introduced after closed-door Republican its acceptance, I urge rejection of the con- minor child. sessions, that could damage our borders, hurt ference report. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11065 Mr. SERRANO. Mr. Speaker, I rise in strong ready alarming provisions in welfare reform, previously entered the country illegally from opposition to the conference agreement on will cause either a vast increase in human ever being legally admitted; increased the H.R. 2202, the immigration reform bill. misery in this country or, more likely, a vast number of work-site inspectors to enforce laws Mr. Speaker, this bill is often described as cost-shift to State and local governments and against the hiring of illegal aliens; and stream- an effort to improve border enforcement and to churches and charities, including our al- lined the deportation process. employment eligibility verification, but, in fact, ready overburdened nonprofit hospitals. The conference report which is now before it goes far beyond these widely-supported ele- This bill would raise the income levels re- the House is worse than the bill passed by the ments to attack legal immigrants in the United quired to sponsor a child or spouse, sibling or House in March in several ways. For example, States, as well as the rights and health of all parent, to levels that would disqualify 40 per- the bill that was passed by the House retained Americans, citizens and noncitizens alike, and cent of all American families, both citizen and civil penalties for employers who knowingly our commitment to international human rights. noncitizen, from bringing their families together hire illegal immigrants. But the conference re- Of course, this very unfortunate conference in America. I guess Republican family values ports which is now before the House removes agreement is the result of the Republicans' are not for hardworking families of modest the civil penalties against employers who negotiating and writing a new bill behind means, but only for the wealthy. knowingly hire illegal immigrants, which will closed doors, with no input from DemocratsÐ This conference agreement would also un- make it easier for unscrupulous employers to even those who were initially supporters of im- dermine our commitment to protect people hire illegal immigrants and put Americans out migration reformÐduring either the negotia- fleeing from real persecution by restricting of work. tions or the actual public meeting of the con- their ability to make their case for admission I support effective and reasonable income- ference committee! and denying them a hearing and judicial re- deeming requirements on the sponsors of The employment provisions in this bill are view. Hundreds of bona fide refugees could be legal immigrants who apply for public benefits. simply wrongheaded. First, the bill defies logic returned to their persecutors under this bill. At the same time, I believe that immigrants by failing to improve enforcement of our Na- Mr. Speaker, this bill, like so many others and refugees who live legally in the United tion's wage and hour laws despite the fact that presented by the Republican majority over the States, and contribute to our country's unscrupulous employers hire undocumented last 2 years, goes far beyond what Repub- progress just as all of our ancestors have immigrants precisely so they can overwork licans claim to be its purposes and into the done, should not be discriminated against in and underpay them. Better wage and hour en- ugliest sort of politics. It is designed and in- the area of public assistance. forcement is the best deterrent both to this ex- tended to drive wedges into the population The conference report is worse than the bill ploitation and to the jobs magnet. Next, com- and to exploit some people's fears of people passed by the House in its treatment of legal puterized employment verification systems in- who look or sound different. immigrants. For example, the conference re- vite the creation of national databases on This bill is shockingly cruel and will do real port would allow the deportation of battered every citizen and resident of the United harm. I urge all my colleagues to vote to de- women and children, who are legal immi- States, without offering safeguards against im- feat this conference agreement. If it is adopt- grants, if they receive public shelter and coun- proper use or disclosure of information or any ed, I implore the President to stand up to the seling for more than 1 year. The House- recourse if the information provided to a po- demagogues and veto it. That is the right thing passed bill exempted shelter and counseling tential employer is simply wrong. Moreover, to do. for battered women and children. the bill strips from our immigration law existing Mr. DURBIN. Mr. Speaker, I rise in opposi- I voted for the immigration reform bill that antidiscrimination provisions, which were origi- tion to the conference report on the Immigra- passed the House because I believe that ille- nally enacted three decades ago because it tion and Nationality Act. I support genuine im- gal immigration is an urgent problem that must was a fact that minority citizens and residents migration reform, to end illegal immigration were discriminated against in the employment be addressed by this Congress, and I had and protect American workers from employers hoped that the bill would be improved as it process. who knowingly hire illegal immigrants and put As illogical as it may sound to my col- moved through the legislative process. In- Americans out of work. I regret that the con- leagues, while legal immigrants would remain stead, we find that the Republican leadership ference report which is now before the House eligible for certain public assistance under this has decided to turn the effort to reform our bill, and many have worked and paid taxes to does not meet the standard of genuine immi- Nation's immigration laws into a cynical politi- support public assistance and other govern- gration reform. cal game. The United States cannot afford to absorb ment programs, they could be deported for ac- I urge my colleagues to vote to recommit all those who want to settle in our country. I tually using the benefits for which they are eli- this bill to the conference committee. Reject support continued funding of our existing ef- gible. Worse, the deeming provisions could this conference report, and instead bring gen- bar legal immigrants from receiving even forts to deter illegal immigration. I have voted uine immigration reform legislation to the emergency medical services under Medicaid. for provisions to strengthen the laws, including House before Congress adjourns. Legal immigrant children are at particular risk. doubling the number of border patrol agents Mr. DUNCAN. Mr. Speaker, just yesterday, They may be priced out of eligibility for and increasing the number of work site in- the Knoxville News-Sentinel reported that a means-tested programs such as Head Start or spectors to enforce laws against the hiring of Tennessee Highway Patrolman stopped a van job training by deeming. Or they may be fright- illegal aliens. And I support efforts to prevent on I±75 which contained 25 illegal immigrants. ened away from participation in other pro- abuses in enforcement and ensure that en- The arresting officer attempted to contact grams such as housing, child care, or even forcement efforts conform to our civil rights the INS but could not even get a person to an- health care lest they become deportable. and our laws of justice. swer the phone at the Memphis INS office. And any immigrants who, despite sponsor Most Americans are immigrants or the de- He was quoted in the paper as saying: ``Im- income and the threat of deportation, actually scendants of immigrants. Legal immigrants migration just took the phone off the hook.'' receive servicesÐeven emergency services or have made and continue to make significant He repeatedly attempted to contact INS offi- services to childrenÐmust pay the govern- contributions to America's scientific, literary, cials but all he got was: ``360 degrees of an- ment back before they will be allowed to be- artistic, and cultural resources. As the son of swering machines.'' come naturalized citizens. I guess in the Re- an immigrant, I believe America's strength is So what did the trooper do? All he could do, publicans' view of American citizenship, only in its diversity. It is in our national interest to he let illegal aliens go. Simply, he had no legal the rich need apply. build upon that strength through a system authority to detain them. The conference agreement includes provi- which maximizes the positive opportunities This is the sixth time this year that illegal sions that neither House nor Senate adopted legal immigration affords by allowing qualified aliens have been stopped by local authorities and that conferees were not permitted to immigrants to participate in our economy and in my district and had to be released. strike, that explicitly deny publicly-funded med- share their talents and strengths with our com- Six different vans containing at least 130 il- ical care for immigrants who test positive for munities. Family unification should be one of legal immigrants have been let go because of HIV. There is no reason to treat HIV and AIDS the key guideposts for evaluating immigration the INS' refusal to act. When local officials differently from other communicable diseases reform proposals. have talked to INS, they were told that there such as tuberculosis or influenza except raw I voted for the immigration reform bill which were no funds available to send INS officers prejudice. This is also totally counterproductive was passed by the House in March. It was not to arrest, detain, and deport these illegal to our efforts to control the AIDS epidemic in a perfect bill, but it would have made needed aliens. America. changes in the law to stop illegal immigration. The INS has received a 72-percent increase If enacted, these public assistance provi- It would have doubled the number of border in funding in the last 3 years, which is approxi- sions, which are far more extreme than the al- patrol agents; permanently barred those who mately eight times the rate of inflation over H11066 CONGRESSIONAL RECORD — HOUSE September 25, 1996 that period. Almost no other Federal agency Mr. Speaker, I believe this legislation will mitted in fiscal year 1995. This may sound like has received that type of increase in recent help to solve the problem of illegal immigration a fairly high number, but even at their current years. and I urge its passage. levels, refugees are only about 8 percent of With this increase in funding, local officials Mr. BUNNING of Kentucky. Mr. Speaker, it those who immigrate to the United States have a right to be outraged by INS' inaction. is time to take back our borders and cut off each year. Proportionally, refugees would I agree with them completely. One sheriff in the stream of illegal aliens currently flooding have taken an even bigger hit than family or my district has told his deputies to not even across them. This can only be done by in- business immigrants. The cut would have hurt bother questioning individuals they stop to de- creasing the number of border patrol guards people who are in trouble because they share termine if they are illegal aliens because of the and Immigration and Naturalization Service our values: ``old soldiers'' and religious refu- INS' inaction. [INS] agents. The Illegal Immigration Reform gees from Vietnam, Christians and Jews from Have things gotten so bad that law enforce- and Immigrant Responsibility Act provides extremist regimes in the Middle East, Chinese ment officials have no choice but to, in effect, over 5,000 border guards and increases the women who have fled forced abortion, and condone the breaking of the law? number of INS agents by 300. This additional those who have escaped the tyranny of Fidel The six vans that I am referring to are only manpower will give a significant boost to cur- Castro. So I am pleased that the House those reported by the local media. Just think rent Republican initiatives such as Operation adopted the Smith-Schiff-Gilman-Schumer- how many other illegal aliens travel through Gatekeeper and Operation Hold the line which Boucher-Fox-Souder amendment to preserve Tennessee without being caught. were started under President Bush and have the American tradition of providing safe haven The Clinton administration bureaucrats clearly demonstrated their effectiveness in for genuine refugees. seem unwilling to correct this situation. Mr. keeping illegal immigrants out of our country. Unfortunately, the bill still contains provi- Speaker, I am outraged. Who do these INS Unfortunately, no matter how much we try to sions that subject legal immigrants, refugees, bureaucrats work for, themselves, or the tax- tighten down our borders, some illegal aliens and U.S. citizens to unnecessarily harsh treat- payers? will slip through the lines. But, even though ment. I think in particular of the requirement The nearest INS office to my district is lo- they may get by our first line of defense this that a U.S. citizen must earn 140 percent of cated in Memphis, 450 miles away. INS claims bill will make it more likely that they will be the official national poverty level in order to that they cannot apprehend illegal aliens in hunted down and deported by the joint efforts sponsor other family members. This provision east Tennessee because it will cost too much of local, State and Federal law enforcement leaves the unfortunate impression that family to round them up. agencies. In addition to the increase in man- reunification is a luxury for the well-to-do, rath- Last spring, I asked the INS to open a power that this bill provides, H.R. 2202, gives er than a fundamental and laudable goal of branch office in east Tennessee or at least a law enforcement agencies the technological millions of American families. more centrally located office in middle Ten- resources and jurisdiction powers to locate il- An even more unfortunate provision, section nessee. Despite my repeated requests, they legal immigrants and deport them expedi- 633, would explicitly authorize the State De- have been very unresponsive and unwilling to tiously. partment to discriminate, by race, gender, and provide service to east Tennessee. Lastly, this bill makes a conscious effort to nationality in the processing of visas for legal I have met face to face with INS officials in reform our legal immigration system. Most im- immigrants. The case of LAVAS versus Department of Washington to inform them of what is going on portantly it will hold sponsors of legal immi- State, which this provision would attempt to in east Tennessee, and I have made dozens grants financially responsible for their guests overrule, is a carefully reasoned opinion by of calls about this disgraceful inaction. in our country. As Congress has taken efforts Judge David Sentelle, a highly respected In fact, this is not the first time I have had to crack down on ``deadbeat dads'', H.R. Reagan appointee to the U.S. Court of Ap- to contact the INS. Several years ago, the 2202, will crack down on ``deadbeat spon- peals for the D.C. Circuit. It reflects the court's Sheriff's Department in Loudon County con- sors''. In doing so, we will save millions of wel- shock and dismay that the State Department tacted me about a problem they were having fare dollars, which are now being collected by was violating Federal statutes as well as its with the INS and illegal aliens. legal aliens. own regulations by practicing nationality-based After months of work and literally dozens of This bill is not the end-all of immigration re- discrimination in order to force legal immi- phone calls from my office, the INS finally re- form, but this bill, coupled with the Republican grants from VietnamÐtypically the immediate sponded to our concerns. In Operation South welfare bill which was recently signed into law relatives of United States citizensÐback to the Paw, the INS conducted a series of raids that will go a long way in slowing the tide. resulted in the apprehension of many illegal country they had fled. I urge my colleagues to support it. The tragic consequence of the State Depart- aliens working in my district. I am glad that the Mr. SMITH of New Jersey. Mr. Speaker, I ment's position is that many of those who INS finally took action, but the reluctance on intend to vote in favor of the conference report have returned to Vietnam, on the assurance on H.R. 2202, the illegal immigration bill, be- their part to fulfill their mission of deporting il- that their immigrant visas will be expeditiously cause it includes many important provisions to legal aliens is inexcusable. processed by the United States, have lan- After my most recent meeting with the INS, help the United States get control of its bor- guished for months or years because hostile I was informed that the INS would add two ders: 5,000 new Border Patrol agents, stricter and corrupt Vietnamese Government officials trainees to the Memphis office. This would be penalties for alien smuggling and document have refused to give them exit permits. an improvement, but this is not enough. Mid- fraud, and procedural reforms that would Fortunately, the harsh effects of section 633 dle and east Tennessee desperately need make it easier to deport people who have can be cured by regulation, or even by sound more INS officials who will enforce the law. abused our hospitality. I strongly support these administration. The President should direct the However, I am glad that H.R. 2202, the Ille- provisions. State Department to change its policy and to gal Immigration Reform and Immigrant Re- Mr. Speaker, we no longer live in an age process these legal immigrantsÐand never, sponsibility Act, includes language Congress- when everyone from anywhere in the world never again to discriminate invidiously by race, men CHRIS COX and LAMAR SMITH and I incor- who would like to live in the United States can by gender, or by national origin. porated into the House version of this legisla- do so. In an age of instant communication and Despite these and other deficiencies in the tion. easy transportation, border control has be- bill, I am voting in the affirmative, not only be- Our language, insofar as arrest and deten- come not just a national prerogative but a cause I support the provisions that are di- tion, will allow local law enforcement officers practical necessity. Particularly when it comes rected against illegal immigrants, but also be- to act as INS officials since it is obvious that to illegal immigrants, the American tradition of cause of two provisions that cure important INS officials won't take action. generosity is tempered by commitment to fair- deficiencies in current law. Specifically, it will allow law enforcement ness and orderly procedures. Mr. Speaker, the anti-terrorism bill passed agencies to enter into agreements with the I am pleased that the House deleted provi- by Congress in April contained several provi- Justice Department so that local officers will sions in the bill that would have imposed dras- sions that had nothing whatever to do with ter- be able to function as an immigration officer in tic cuts in the numbers of legal immigrants rorism. One of these sections provided for the relation to investigation, apprehension, or de- and refugees. The House adopted my amend- summary exclusion of persons attempting to tention of illegal aliens. ment to delete a provision that would have im- enter the United States without proper docu- I want to thank Congressmen CHRIS COX posed a statutory cap on the number of refu- mentation. and LAMAR SMITH who worked with me in for- gees who can be admitted into the United It is important that we exclude persons who mulating this language and for the House and States. The cap would have been 75,000 in would abuse our generous immigration laws, Senate conferees for including this language fiscal year 1997 and 50,000 in each year and it is important that the process of exclu- in the final version of this bill. thereafterÐless than half the number we ad- sion be a speedy one. It is also important, September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11067 however, that the process be fairÐand par- tions the number of people granted asylum on tion or forced sterilizationÐor even that they ticularly that it not result in sending genuine this ground was usually less than 100 per have already been subjected to these proce- refugees back to persecution. year, and never more than 200 per year. dures. People whose claims were rejected The counterterrorism legislation provided Mr. Speaker, this provision merely states under the discredited case of Matter of Chang that no person shall be summarily excluded if, the truth. Forced abortion, forced sterilization, and its progeny should be released from de- in the opinion of an asylum officer at the port and other severe punishments inflicted on re- tention immediately, and their asylum cases of entry, he or she has a credible fear of per- sisters to the PRC program are persecution on should be reheard under the rule that is re- secution. Unfortunately, the definitions of ``asy- account of political opinion. PRC officials have stored by this law. lum officer'' and of ``credible fear of persecu- repeatedly attacked resisters to the Chinese Mr. Speaker, the problem is not people flee- tion'' were not as clear as they might be. H.R. program as political and ideological criminals. ing persecution, and it is not people who obey 2202 goes at least part of the way toward the The infliction of extraordinarily harsh punish- our immigration laws. The problem is illegal necessary clarity. ment is also generally regarded as evidence immigration. The solution is to cut illegal immi- In particular, the antiterrorism legislation de- that those who inflict such punishment regard gration from 300,000 per year to zero, and to fined an asylum officer as someone who has the offenders not as ordinary lawbreakers but provide speedy deportation proceedings for ``professional training'' in asylum law, country as enemies of the state. millions of illegal immigrants who have abused conditions, and interviewing techniquesÐbut Forced abortions often take place in the our hospitality. did not state how much training or what kind. very late stages of pregnancy. Sometimes the As President Reagan said in his farewell ad- The immigration bill makes it clear that this procedure is carried out during the process of dress: ``The shining city upon a hill is still a training is to be equivalent to that of members birth itself, either by crushing the baby's skull beacon for all who must have freedom, for all of the highly respected Asylum Corps. The with forceps as it emerges from the womb or the pilgrims from all the lost places who are best way to ensure that this standard is met by injecting formaldehyde into the soft spot of hurtling through the darkness, toward home.'' is to provide by regulation that only experi- the head. We are still the land of the free, still the most enced members of the Asylum CorpsÐpeople Especially harsh punishments have been in- generous nation on Earth, but we must also who by training and experience think of them- flicted on persons whose resistance is moti- insist on fairness and on respect for law. We selves as adjudicators rather than as enforce- vated by religion. According to a recent Am- must continue to work for the swift and sure ment officersÐwill exercise the extraordinary nesty International report, enforcement meas- enforcement of our immigration laws, without power to send people summarily back to dan- ures in two overwhelmingly Catholic villages in sacrificing American values. gerous places. northern China have included torture, sexual Mr. STUDDS. Mr. Speaker, I rise to express I think it should also be clear that our asy- abuse, and the detention of resisters' relatives my opposition to the bill. lum officers will need to be very careful in ap- as hostages to compel compliance. The cam- We all appreciate the need for the immigra- plying the ``credible fear'' standard. In a close paign is reported to have been conducted tion laws to be effectively enforced. But the case, they must give the benefit of the doubt under the slogan ``better to have more graves conference agreement goes far beyond such to the applicant. There are also some coun- than more than one child.'' legitimate concerns. It is an arbitrary and puni- triesÐsuch as Cuba, China, North Korea, Iran, The dramatic and well-publicized arrival in tive measure which abandons our Nation's and IraqÐin which persecution is so pervasive 1993±94 of a few vessels containing Chinese historic pledge to those seeking refuge from that almost any credible applicant would have boat people has tended to obscure the fact deprivation and persecution. It is a lamentable a significant chance of success in the asylum that these people have never amounted to throwback to the anti-immigrant hysteria of by- process. more than a tiny fraction of the undocumented gone days, and I believe it will be so regarded I hope that regulations will be promptly immigrants to the United States. The total by the international community and our own adopted that explicitly provide for these and number of Chinese boat people who arrived posterity. other safeguards in the expedited exclusion during the years our more generous asylum The bill's numerous defects have been ably process. In any event, however, the current policy was in force, or who were apprehended set forth by my Democratic colleagues on the legislation is a substantial improvement over while attempting to do so, was fewer than committee, and I will not belabor them. I will the regime that would go into force on Novem- 2,000. This is the equivalent of a quiet address only one particular provision, inserted ber 1 if this legislation were not adopted. evening on the border in San Diego. at the 11th hour, whose cruelty and illogic ex- Finally, Mr. Speaker, section 601(a)(1) of Nor is there evidence that denying asylum ceed even the extraordinary standards pre- the conference report will restore an important to people whose claims are based on forced viously set by this Congress. human rights policy that was in force from abortion or forced sterilization will be of any I refer to those sections of the bill that would 1986 until 1994. It would simply provide that use in preventing false claims. People who are eliminate all publicly funded HIV treatment forced abortion, forced sterilization, and other willing to lie in order to get asylum will simply services for both legal immigrants and un- forms of persecution for resistance to a coer- switch to some other story. The only people documented individuals. Let me emphasize cive population control program are ``persecu- who will be forced to return to China will be that the bill does this not through inadvertence tion on account of political opinion'' within the those who are telling the truthÐwho really do but by design: the conference agreement goes meaning of U.S. refugee law. have a reasonable fear of being subjected to out of its way to ensure access to medical Restoration of asylum eligibility for these forced abortion or forced sterilization. The so- care for all communicable diseasesÐexcept victims of persecution is supported by human lution to credibility problems is careful case- HIV/AIDS. rights advocates from across the spectrum. by-case adjudication, not wholesale denial. No public health rationale has been offered Protection for these refugees has also enjoyed Opponents add rhetorical punch to the asy- in defense of this mischievous provision. It has wide bipartisan support in Congress. Section lum-as-magnet argument by asserting that not been offered because it does not exist. In- 601(a)(1) is identical to section 1255 of H.R. treating forced abortion victims decently will be deed, anyone concerned with public health 1561, the Foreign Relations Authorization Act, a unique incentive to smuggling and criminal would want to be sure that we treat every in- which passed both the House and Senate but gangs. Everyone is against smuggling. But fected individual, and it is both callous and was vetoed by the President for reasons unre- let's prosecute the smugglers. Let's not take it shortsighted to do otherwise. lated to this provision. Section 601(a)(1) is out on the victims. The passengers on the St. Mr. Speaker, some of my colleagues who also identical to the DeWine amendment to Louis who were forced back to occupied Eu- will vote for this bill today have on other occa- the Senate immigration bill, which enjoyed rope in 1939 were smuggled aliens too. sions professed deep concern for the plight of broad bipartisan support in the Senate but Finally, we should be extremely careful children living with HIV. I do not question their was withdrawn after objections had been about forcibly repatriating asylum seekers to sincerity, but their consistency is open to seri- raised to its germaneness under postcloture China in light of evidence that a number of ous doubt. If this bill is enacted in its present rules. Finally, the Clinton administration, which those sent back by the United States since form, there will be children living with HIV in initially opposed this provision, recently an- 1993 have been subjected to ``re-education this country to whom we are categorically de- nounced its support. camps,'' forced labor, beatings, and other nying all publicly funded medical care. I do not As in every other asylum case, an applicant harsh treatment. wish that on my conscience, Mr. Chairman, under this provision must prove his or her The passage of this legislation, despite its and for this and many other reasons I oppose claim. Contrary to the cartoon being promul- defects, should be good news for the dozens the bill and urge its defeat. gated by opponents of this provision, we of people who are still being detained by INS, Mr. CONYERS. Mr. Speaker, this is a weak would not have to let in 1.2 billion people. In even though they were found to have testified ans shameful bill, which does not deserve the fact, during the Reagan and Bush administra- credibly to a well-founded fear of forced abor- Members support in its current form. H11068 CONGRESSIONAL RECORD — HOUSE September 25, 1996 The final product produced by the con- This is just one more, yes one more Repub- to the protection of refugees seeking asylum, ference was given to us at the very last lican attack on our environment. threatens basic safeguards of due process, minute, on a take it or leave it basis. There I plan on offering to recommit the con- eliminates the historic role for the judiciary in was no Democratic input whatsoever, and we ference report which corrects these glaring reviewing the implementation of the immigra- were completely shut out of the amendment flaws. There is still time to come together and tion laws * * * and requires the deportation of process. achieve a genuine bipartisan agreement on legal immigrants who receive assistance for 1. FAILING TO PROTECT AMERICAN WORKERS immigration. which they qualify.'' This bill says that we will make it easier for If you want to reform the Nation's immigra- Mr. GOODLING. Mr. Speaker, I rise in tion laws and crack down on illegal immigra- unscrupulous employers to hire illegal aliens strong support of the conference report on the tion without taking extreme and counter- immigration legislation and thank Chairman once they are here. It also says that, by weak- productive measures which harm American HYDE and Representative SMITH for their able ening antidiscrimination laws, it will make it workers, I urge you to vote for the motion to stewardship of this comprehensive and far- harder for legal workers to get jobs. recommit. If that motion fails, I urge you to reaching reform bill. I also thank them for This bill says a resounding no to more De- vote against the conference report. working so closely with the Committee on partment of Labor inspectors to check illegal Mrs. MEEK of Florida. Mr. Speaker, I rise in Economic and Educational Opportunities on sweatshop and other havens of illegal, un- opposition to this bill. the areas of the bill that concern education, documented workers. No even though at least The United States has long been committed human service, and workplace issues within 100,000 foreign workers overstay their visas to the protection of refugees seeking the jurisdiction of our committee. each year. safehaven from oppression. But this billÐ Mr. Speaker, this conference report rep- This bill says a resounding no to Labor De- under a provision called expedited exclusionÐ resents a comprehensive approach to ad- partment subpoena authority to review em- gives immigration officials the final say in de- dressing the problem of illegal immigration that ployment records, a critical tool needed to ciding who has a credible fear of persecu- will ensure that this Nation can continue to combat illegal immigration. tionÐon the spot, with no right to an inter- welcome the hope and creativity that new This bill says no to more civil penalties for preter or an attorney. It strips the Federal voices can offer us while feeling secure that abusive employers who hire the illegals. That's courts of any review of these decisions. the wonderful opportunities that life here pre- the magnet that brings illegal immigrants here. Many of my constituents escaped from bru- sents will continue to be available for genera- That's what really counts. But the special in- tal dictatorships in Haiti and Cuba and the op- tions. The legislation recognizes that one of terests have had their way with this bill. pression of the former Soviet Union. They the primaryÐif not the preeminentÐinduce- The Republicans have refused to includes faced political oppression and religious perse- ments to illegal immigration is the availability those provisions that can most effectively at- cution. In many cases, their lives were in dan- of U.S. jobs. The fact of the matter is that this tack illegal immigration. Therefore this bill is a ger. Most of these people did not speak Eng- Nation will never be able to fully control its toothless tiger, an election year special, de- lish; some were uneducated and most were borders with law enforcement strategies alone. signed to fool voters in California and else- unsophisticated in their understanding of U.S. The immigration reform proposal also recog- where that we are getting tough. In reality, the law and documents. Yet all faced danger in nizes, however, the practical constraints on Republican leadership is just caving to special the countries from which they fled. I shudder employers in policing the attempts of immi- interests and bringing us a weak bill. to think of how many of my constituents would grants to illegally secure employment. Thus, 2. THIS BILL SAYS YES TO DISCRIMINATION have been deported back into harm's way if the bill contains needed reforms in the work- It's not enough to simply be weak on illegal this provision had been in effect in the past. site verification process and authorizes a immigration. This bill also says yes to more This bill would prevent the Federal courts workable pilot telephone verification system to discrimination. from reviewing many actions of the U.S. Immi- allow employers to readily document which Even though not in the original bill, this bill gration and Naturalization Service, thereby applicants for employment are legally author- now includes new provisions that tell employ- eliminating a great safeguard against abuse. ized to work. ers that may engage in patterns and practices Federal court orders have often been the last The conference report recognizes as well of discrimination so long as the discrimination resort in correcting INS decisions that violate the role that the availability of public benefits is not so egregious as to lead itself to a show- the law or the Constitution. For example, an can play in inducing individuals to unlawfully ing of intent in a court of law. INS policy denied Haitian refugees the right to enter or remain in the United States. I am The conference report also says yes to dis- apply for political asylum. That INS decision pleased that the bill takes a strong stand to crimination by race, gender, and nationality in was overturnedÐfor good reasonÐby the stem the tide of illegal immigration. Those who visa processing. This would allow the Depart- Federal courts. break the law to come here will not be allowed ment to select one particular type of nationality This bill weakens protections against job to receive taxpayer-supported Federal bene- and subject them to burdensome and dan- discrimination for legal U.S. residents. The bill fits. They are barred and that is as it should makes it harder for employees to prove that gerous new visa processing requirementsÐa be. employers illegally discriminated against them practice that has already been found to violate I am also pleased that an agreement was by not hiring them. The bill also restricts the the antidiscrimination laws by the D.C. Circuit. reached to separately consider the Gallegly documentation that legal U.S. residents can That would have the immediate effect of forc- amendment on the education of illegal aliens. use to establish their ability to work and their ing several dozen Vietnamese nationals who For some border States, like California, the identity. Unscrupulous employers would be are family members of United States citizens education of illegal aliens costs $2 billion a given greater latitude to discriminate against to return to Vietnam to have their visas proc- year. For other States, it's not a problem. It is or exploit legal U.S. residents. reasonable for States to have the right to de- essed. Because of the hostility and corruption This bill is as bad for what it does not do as of the Vietnamese Government, those forced cide this issue, and we'll have the chance to for what it does. For the past 20 years, the consider a separate bill, H.R. 4134, on this back are likely to have their visas languish for taxpayers of my State and my county have many more years. matter. been paying billions of dollars to cover the With respect to legal immigrants, I am 3. THIS BILL SAYS NO TO THE ENVIRONMENT health care, education, housing, and other pleased that the conferees saw the wisdom of The National Environmental Protection Act, costs necessitated by the failures of U.S. im- continuing to make higher education student known as NEPA, is the Nations founding char- migration policy. Simple fairness should dic- aid, school lunch and breakfast benefits, and ter for environmental protection. tate that the Federal Government would pick elementary and secondary education benefits But this bill repeals that law, yes repeals up the costs of the failures of its own policies. available, as under current law, without count- that law, when it comes to the broader related Instead, the Federal Government abdicated its ing their sponsors' income. construction. responsibilities and left our local taxpayers to In sum, Mr. Speaker, the conference report That means that when we are constructing pick up the bill. The bill is silent on this prob- is an excellent piece of legislation that rep- roads, bridges, fences, we can ignore the en- lem and does nothing to help us with these resents months of work by the relevant com- vironment. costs. mittees to define a set of policies that will That means that broader construction can The immigration reform conference report is confront the serious repercussions of illegal pollute our public waterways, dirty our air, cre- the result of last minute partisan political ma- immigration. I urge my colleagues on both ate hazardous point sources that can create neuvering, rather than thoughtful, dispassion- sides of the aisle to give it your strong support dangerous run offs, and generally ignore any ate consideration of policy. so we can send immigration legislation to the adverse environmental impact of that con- In the words of the American Bar Associa- President's desk, where I believe it should and struction. tion, this bill ``abandons the U.S. commitment will receive his signature. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11069 Ms. HARMAN. Mr. Speaker, as the daugh- gally? H.R. 2202 does the following to ensure At the same time, this measure radically at- ter of a legal immigrant father who fled Nazi we are ready to combat this ever-increasing tacks our Nation's antidiscrimination laws, Germany, I understand the strength that legal problem: It beefs up border security; it expe- making it harder for American citizens to prove immigration has brought to America. I regret dites deportations; it toughens penalties for il- that they have been discriminated against that provisions unfairly targeting legal immi- legal aliens; it gives law enforcement new when seeking employment. It would require grants have been added to this bill. tools to combat illegal immigration; and it those claiming discrimination to prove that But I firmly believe that we must act now to eliminates the job magnet. their employer intended to discriminate against stop illegal immigration, and so I rise in sup- Mr. Speaker, most legal immigrants who them, which is an almost impossible legal hur- port of H.R. 2202, the Immigration in the Na- come to this country work hard and pursue the dle to clear. tional Interest Act, which tackles many of the American Dream. Unfortunately, increasing I find it very unfortunate that this bill, origi- tough issues around illegal immigration, and numbers come to this country in search of nally intended to protect the American worker speaks to one of our fundamental values: that government handouts. Consequently, tax- by stopping illegal immigration, will actually all of us have to live and work by the same payers will spend $26 billion this year to pro- curtail the legal rights of American workers. set of rules. As a member of the bipartisan vide welfare to noncitizens. This could rise to Finally, Mr. Speaker, I rise to criticize provi- task force that contributed many of the best $70 billion by 2004. California spends about sions which will seriously undermine American features of this bill, I commend the leadership $3 billion annually for public education and families. Historically, our Nation's immigration of our California colleague, ELTON GALLEGLY. health care for illegal aliens and incarceration laws permitted Americans to reunify their fami- This bill doubles the number of Border Pa- of some 20,000 felons who illegally entered lies by acting as sponsors for their foreign rel- trol agents to 10,000 over the next 5 years. the country. This legislation encourages per- atives. The immigration measure on the floor And it authorizes the purchase of much-need- sonal responsibility by requiring illegal aliens today raises the income level that prospective ed equipment and technology to aid these to pay their own way. It reinforces prohibition sponsors must meet to 200 percent of the new agents in the fight against increasingly against illegal aliens receiving public benefits. poverty level. In plain terms, middle-income sophisticated alien smuggling rings. In addition this legislation starts holding dead- AmericansÐthe police officer or the school- It also takes some important first steps to- beat sponsors legally financially responsible teacherÐwill be denied the ability to bring ward eliminating the jobs for undocumented by one, counting the sponsor's income as part their aging parents to this country. workers which are the primary lure for illegal of the immigrant's in determining eligibility for Mr. Speaker, if we are to stem the tide of il- immigration. It authorizes new eligibility-ver- welfare, and two, ensuring that sponsors have legal immigration, we must undertake tough ification programs to keep undocumented sufficient means to fulfill their financial obliga- and effective measures. But we must insist workers from obtaining employment, and to tions. that such measures apply to all the actors in protect the vast majority of American busi- Mr. Speaker, it is time to act on immigration the immigration problemÐillegal immigrants as nesses who would never willingly hire an un- reform. My district needs it; my home State well as the employers who hire them. Unfortu- documented worker. In addition, it strengthens needs it; America needs it. My colleagues nately, this bad bill, by exempting the latter, in- much-needed anticounterfeiting laws. should vote favorably on this legislation. sures that the problem of illegal immigration Mr. Speaker, this bill is not perfect. I am Mr. KLECZKA. Mr. Speaker, I rise today to will continue, as unscrupulous employers con- firmly committed to changing its unfair provi- oppose the conference report on the immigra- tinue to lure employees with jobs. sions targeting legal immigrants. And I am dis- tion reform bill. Mr. VENTO. Mr. Speaker, I rise today to op- appointed to see that provisions increasing I voted for the immigration bill when it was pose H.R. 2202, the Immigration and National civil penalties on employers who hire undocu- considered by the House, even though I dis- Interest Act. Mr. Speaker, this legislation is not mented workers at the expense of American agreed with some of its mean-spirited provi- in the Nation's best interest, as the title erro- labor have been removed. sions that would kick children out of school neously suggests. While I agree that meas- But on balance, this bill is important and and onto the street. I felt that it was a good, ures must be undertaken to reduce the influx necessary. It represents progress. And as the tough measure that would lead to a reduction of illegal immigrants crossing our Nation's bor- Torrance Daily Breeze has editorialized, ``Cali- in the level of illegal immigration. However, I ders, this measure goes too far by punishing fornia needs this [bill].'' rise today to oppose this conference report legal immigrants. I urge its passage. because special interest groups have man- Mr. RIGGS. Mr. Speaker, I rise today in Like the welfare reform measure enacted aged to kill important provisions. into law earlier this year, H.R. 2202 would es- strong support of H.R. 2202, the Illegal Immi- Everyone knows the real reason that immi- tablish a ban on means-tested Federal assist- gration reform bill. This legislation is the prod- grants enter this country illegally: jobs. Com- ance for legal immigrants. These are not ille- uct of countless hours of negotiation between mon sense tells us that if we clamp down on House Republicans and Democrats. While this this demand, we will see a corresponding drop gal immigrants, but rather those who have fol- bill currently does not have the tough provi- in the supply. lowed the procedures and policies of the Fed- sions like the Gallegly amendment, that are so It is also a matter of common knowledge eral Government to enter and live lawfully in important to Californians, it is a step in the that employers in this country are exacerbat- this country. Even though I supported the right direction. ing this problem by knowingly hiring illegal im- overall welfare measure on final passage, I Although the United States is a Nation of migrants. Quite simply, they are acting as a specifically do not agree with the provisions immigrants, its borders should be protected magnet for illegal immigrants. These employ- that would deny legal immigrants public bene- from immigrants who unlawfully enter the ers brutalize their workers by forcing them to fits. President Clinton has agreed that these country and become a burden on citizen tax- work in sweatshop conditions at below mini- provisions are misguided, and he has stated payers. I believe that individuals should come mum wage rates. And, significantly, they re- his commitment to see them modified. I sup- to this country through legal channels in order duce job opportunities for American citizens. port such changes. H.R. 2202, however, in- to become productive Americans. Sensible immigration reform must entail a cludes almost those same provisions, altering It has been estimated that it costs California crackdown on these unscrupulous employers. deeming requirements for legal immigrants more to educate illegal immigrants children Sadly, this bill fails in that respect. The House- that would effectively make them ineligible for than the entire educational budget of Rhode passed version, which I supported, provided most means-tested public assistance. This Island and Delaware. While the Clinton admin- 500 new Immigration and Naturalization Serv- measure has a provision that states that legal istration has turned a blind eye to the strains ice [INS] officers to investigate employers who immigrants can be deported for accepting a illegal immigrants places on local economies hire illegal immigrants. Federal student aid loan and even for attend- and communities, the Republican Congress is The Republican leadership, after consulting ing federally funded English classes. How can cracking down on illegal immigration in order with their special interest lobbyists, decided to a legal immigrant learn the English language to save all Americans money. water down this provision. Now, the INS will and pass the citizenship test with such a pol- According to INS, there are currently 4.5 get 200 fewer agents. And the agents the INS icy in place? million illegal aliens in the United States. While does get will be prohibited from focusing ex- While future legal immigrants will have le- the illegal alien population increases by more clusively on employer violations. gally binding affidavits to guarantee their sup- than 300,000 every year, only about 45,000 il- This bad conference report, in fact, weakens port during difficult financial times, those who legal aliens are deported from the United sanctions against employers who knowingly are already in the U.S. holding non-binding af- States each year. We have clearly lost control hire illegal immigrants. If we are serious about fidavits, or no such documents at all, will be of our borders. curbing illegal immigration, it is simply illogical left out in the cold. These immigrants will have Why play by the rules when it is so easy to to pass legislation that is soft on these law- nowhere else to turn for up to 5 years if their jump to the head of the line and enter ille- breaking employers. sponsor cannot or will not support them. H11070 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Cutting off such life-sustaining assistance to that make the unlawful trek across our bor- I could go on and on. those immigrants who, under Federal policies, ders. Punishing legal immigrants along with Most of us are immigrants or the children of legally entered this country without a guaran- those without legal status who have broken immigrants. Our parents and grandparents teed source of financial support is unaccept- the law is the wrong policy path for our nation who arrived at Ellis Island and other immigra- able. Furthermore, enacting such provisions to travel. Let's solve the problems that require tion points helped to make this country great. will not reduce the needs of these legal immi- solutions without creating new ones. I ask my And here we are tearing apart the texture and grants. It will simply allow the Federal Govern- colleagues to oppose this measure. heart of AmericaÐall for another Contract on ment to abandon its responsibility for these in- Mr. RADANOVICH. Mr. Speaker, I believe America soundbite. dividuals, shifting that responsibility and ex- that States should be able to decide whether My colleagues, vote against this conference pense to State and local governments that will taxpayer dollars should be spent on public report. be forced to fill that gap. schooling of illegal aliens. That is why I sup- Mr. FLANAGAN. Mr. Speaker, I rise in Ironically, while punitive provisions are put ported the Gallegly amendment when the strong support of the motion to recommit and in place for legal immigrants already in the House passed the immigration reform bill ear- against the conference report to immigration U.S., new categories of refugees and asylees lier this year. reform as it is currently written. It is with great are created by this measure. H.R. 2202 pro- That amendment was adopted by more than regret that I do so, but I must in order to pre- vides that the family planning policies of the a 60 percent margin in the House. If the same vent a great injustice, a misuse of the House individual's country of origin would become a support level existed in the other body, we rules, and the enactment of a dangerous pol- basis for such status. could send a final immigration reform bill to icy that threatens the health and safety of all Another provision in H.R. 2202 that would the White House, with the Gallegly amend- people living in this country, not just immi- harm legal immigrants relates to their ability to ment intact. grants. reunite with family members they left behind in Regrettably, that seems not to be the case. Mr. Speaker, I have been a long and strong their homelands. H.R. 2202 increases the in- A filibuster was threatened against any immi- proponent of illegal immigration reform ever come needed to become a sponsor to 200 gration bill including the Gallegly provision, since I have had the privilege to serve in Con- percent of the poverty level in most cases, and reportedly there aren't enough votes to gress. During the 104th Congress, I have which is over $30,000 for a family of four. shut it off. voted for this legislation in both the Judiciary Only where the sponsored immigrant is a That means that getting immigration reform Committee and on the House floor. I have spouse or a minor child does the bill lower in this Congress requires us to relinquish the done so because I believe we must do some- that income level to 140 percent of the poverty Gallegly restriction in the House-Senate con- thing to halt the flood of illegals that enter our level, which is in excess of $20,000 for a fam- ference report. Thus, I shall vote for the con- country, inflate our welfare rolls, depress the ily of four. For many immigrants who work at ference report. wages of working Americans, and cause a minimum wage jobs, even the lower figure ef- However, to keep faith with my belief and great deal of crime and hardship in our Nation. fectively prevents them from reuniting with the wishes of the good citizens I represent, I However, the conference report to H.R. family members. also intend to vote, in the succeeding action, 2022, the Immigration in the National Interest Furthermore, legal immigrants lose protec- for H.R. 4134, a bill that is a stand-alone Act, contains provisions that I find both short- tion from discrimination in hiring, and the Gallegly measure. sighted and narrow minded. These provisions standards are stacked against them in the Finally, Mr. Speaker, I want to urge my col- would deny basic medical treatment to any in- legal language of this bill. At the same time, leagues to be mindful of a workable alternative eligible and undocumented immigrant who is illegal immigrants are hired by employers to the problem of illegal aliens who are receiv- HIV-positive, this includes a legal immigrant under the provisions of this measure with re- ing public benefits. It's called report and de- who has had publicly financed medical treat- laxed employer sanctions. This is two steps port. ment for more than 12 months. While the bill The immigration reform bill calls for addi- backwards from the policy enacted in 1986. would allow the Department of Health and tional INS enforcement personnel and for When this measure was considered by the Human Services to do whatever is necessary strengthened deportation. And, the welfare re- House, I successfully amended the bill with to prevent the spread of all other commu- form law this Congress enacted says that language that would have corrected a situation nicable diseases, it expressly prohibits HHS there can be no silencing of those in state and that is currently hindering some Hmong resi- from providing basic medical care and treat- local government who communicate with the dents of my district from naturalizing. Unfortu- ment to HIV-positive immigrants. Those legal INS. nately, the majority stripped the language from immigrants who exceed the 12-month limit will The bottom line is that those who remain in the bill during the conference committee. be automatically deported. this country illegally should know they are The Hmong the would have been affected These provisions were not included in either breaking the law and are subject to being re- are those who served alongside U.S. Forces the House or the Senate versions of H.R. ported and deported. in the Vietnam war, protecting and defending Mr. FOGLIETTA. Mr. Speaker, I rise to 2022. In fact, both Houses voted overwhelm- this nation and losing their homeland in the speak in opposition to this immigration con- ingly to separate legal immigration reform from process. Because they served in Special ference report. the bill earlier in the Congress and, instead, Guerrilla Forces operated by the CIA, and not Let's not be fooled here. We have been fo- focus only on controlling illegal immigration. regular military units, they are eligible for ex- cusing on how wrong it is to punish children Mr. Speaker, current law already prohibits pedited naturalization as other non-national as we pull the precious words from the Statue individuals who test positive for HIV and AIDS veterans of U.S. Forces are. Additionally, ex- of Liberty with this bill. But taking Gallegly out from immigrating to the United States. There- traordinary language barriers and other hard- of this bill makes a mean, bad bill, just a little fore, this shortsighted and, I must say, dis- ships have prevented many Hmong from less mean and bad. criminatory provision would only bar treatment meeting some naturalization requirements. This is a bad bill because it creates two for HIV-positive individuals who contracted the The Vento Amendment would have provided classes of peopleÐthose who can afford to be virus while in the United States. There is no for expedited naturalization for these non-citi- reunited with their families and those who can- logical public health or pubic health or public zens who have served the United States hon- not. policy argument for distinguishing HIV and orably during the course of the Vietnam War. This is a bad bill because it stresses law en- AIDS from all other communicable diseases. It I am dismayed that the authors of this bill forcement on the border with more INS agents would make absolutely no sense to allow test- have chosen to ignore the service of the but it killed the proposal to increase Labor De- ing and treatment for tuberculosis, measles, Hmong in the Vietnam War by choosing to partment agents. If we really are concerned and influenza but refuse it for HIV and AIDS. deny them full citizenship in the nation whose about illegal aliens taking the jobs of our con- Mr. Speaker, these provisions would not only freedom and democracy they fought so hard stituents, why have we sacrificed workplace be cruel and inhumane for those who suffer to protect. enforcement? with the AIDS virus, but it would also be dan- This bill does have some good provisions This is a bad bill because it persists with the gerous for those of us who don't. that are needed in the efforts to deal with the mean spirit of the welfare lawÐcutting safety There is no doubt that this conference re- problem of increasing illegal entries into the net benefits to children. port contains many positive provisions that United States, such as increased penalties for This is a bad bill because it denies medical would help to stifle illegal immigration. Among such activity and increasing the number of care for people with HIV and AIDS. the bill's initiatives are provisions to increase border control agents and Immigration and This is a bad bill because it makes it harder by 5,000 the Border Patrol, to improve border- Naturalization Service personnel. However, it for prospective employees to sue for discrimi- crossing barriers along areas of high illegal targets more than simply those immigrants nation. immigration, and to prohibit illegal aliens from September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11071 receiving Federal means-test benefits except Mr. DREIER. Mr. Speaker, for pur- sources, it threatens wage gains by emergency medical services. Yet, this bill also poses of debate only, I yield the cus- supplying undocumented labor, it has contains provisions that are so shortsighted tomary 30 minutes to my friend, the been a major factor in public school and so narrow-minded that it literally boggles gentleman from Woodland Hills, CA overcrowding, forcing nearly $2 billion the mind. [Mr. BEILENSON], pending which, I yield in State and local resources to be spent Mr. Speaker, the HIV provisions should be myself such time as I may consume. each year educating illegal immigrants stricken from this legislation. They should be All time yielded is for the purpose of rather than California’s children. stricken because they are, first and foremost, debate only. As with other major national prob- blatantly discriminatory. They would also (Mr. DREIER asked and was given lems, the American people want re- produce a dangerous Federal policy of allow- permission to revise and extend his re- sults, not rhetoric, as I was saying. ing HIV-positive individuals from roaming the marks and include extraneous mate- H.R. 2202 fills that bill. It is not per- streets and neighborhoods of our cities and rials.) fect. There are Members of this House towns without detection and without treatment. Mr. DREIER. Mr. Speaker, illegal im- who spent years trying to address ille- This provision is also wrong because it vio- migration is a major problem that ex- gal immigration who think that the lates our own Rules of the House that con- ists in this country, and nearly every bill could be better, and I am one who fines conferees to the differences contained in one of us knows it. In my State of Cali- thinks that this bill could be better. the bill and not allow them to attach any items fornia, this may be the single most im- This conference report is not the an- they wish. Finally, this provision should be de- portant law and order issue we have swer to all of our problems. feated because it is inconsistent with an ear- faced in a generation. Three million il- However, that is not a fair test, and lier vote, when the House and the other body legal immigrants enter the country it is not the test that the American overwhelmingly decided to separate legal im- each year, 300,000 to stay here perma- people want us to use. People do not migration reform from the bill. nently. More live in California than in want us to kill good results in the Mr. Speaker, with all this said, I respectfully any other State. In 3 years, that is name of perfection. There is no ques- urge my colleagues to vote for the motion to enough people, Mr. Speaker, to create a tion that this conference report, filled recommit. Thank you, Mr. Speaker. city the size of San Francisco. with bipartisan proposals to improve Mr. COMBEST. Mr. Speaker, I yield Mr. Speaker, it is increasingly clear the fight against illegal immigration, back the balance of my time, and I that this Congress is dedicated to re- should pass, and pass with broad bipar- move the previous question on the con- sults. I believe results are what the tisan support, as I am sure it will. ference report. The bill dramatically improves bor- American people want from their rep- The previous question was ordered. der enforcement, fights document resentatives here in Washington, both The conference report was agreed to. fraud and targets alien smuggling, in Congress and at the White House. A motion to reconsider was laid on makes it easier to deport illegal immi- When there is a national problem like the table. grants, creates a much needed pilot f illegal immigration, they want action. program to get at the problem of ille- Today, with this bill that we are con- GENERAL LEAVE gal immigrants filling jobs, and makes sidering that was crafted so expertly clear that illegal immigrants do not Mr. COMBEST. Mr. Speaker, I ask by chairman of the subcommittee, the qualify for welfare programs. Together, unanimous consent that all Members gentleman from Texas, [Mr. LAMAR Mr. Speaker, this is not just a good may have 5 legislative days within SMITH], we are giving them a response. first step; it takes us a good way to- which to revise and extend their re- b 1200 ward our goal of ending this very seri- marks on the conference report on H.R. ous problem of illegal immigration. 3259. Mr. Speaker, back in the 19th cen- tury, the German practitioner of poli- Mr. Speaker, I must note that the The SPEAKER pro tempore. Is there 104th Congress did not just come objection to the request of the gen- tics Otto von Bismarck made a very fa- mous statement, with which we are all around to this problem at the end of tleman from Texas? the session. This important bill only There was no objection. very familiar, that people should not adds to other accomplishments, other watch sausage or laws being made. f results. That dictum has never been more Congress tripled funding, Federal CONFERENCE REPORT ON H.R. 2202, true than in looking at what has taken ILLEGAL IMMIGRATION REFORM funding, to $500 million to reimburse place over the past couple of years. States like California for the cost of AND IMMIGRANT RESPONSIBIL- Under the barrage of 18 months and ITY ACT OF 1996 housing felons in State prisons if they tens of millions of dollars of special in- are illegal aliens. The remarkable fact Mr. DREIER. Mr. Speaker, by direc- terest attack ads, as well as the politi- is that we are 1 week from the close of tion of the Committee on Rules, I call cal rhetoric that came along with Con- fiscal year 1996 and the Clinton admin- up House Resolution 528 and ask for its gress changing hands for the first time istration has not distributed $1 in fis- immediate consideration. in four decades, Washington has not cal year 1996 money to States like Cali- The Clerk read the resolution, as fol- presented a pretty picture to the Amer- lows: fornia. ican people. The welfare reform bill, signed by the H. RES. 528 But look beyond the rhetoric, the President, disqualified illegal immi- Resolved, That upon adoption of this reso- soundbites, and the smokescreens, Mr. grants from all Federal and State wel- lution it shall be in order to consider the Speaker. Look at the results. We have fare programs and empowered State conference report to accompany the bill gotten bipartisan welfare reform, bi- (H.R. 2202) to amend the Immigration and welfare agencies to report illegals to Nationality Act to improve deterrence of il- partisan telecommunications reform, the INS. Congress also created a $3.5 legal immigration to the United States by bipartisan health insurance reform, a billion Federal fund to reimburse our increasing border patrol and investigative line-item veto measure that passed hospitals for the cost of emergency personnel, by increasing penalties for alien with bipartisan support, environmental health care to illegals, only to see that smuggling and for document fraud, by re- protections that have had bipartisan provision die due to a Presidential forming exclusion and deportation law and support, and now a major illegal immi- veto. procedures, by improving the verification gration bill that also enjoys tremen- Finally, Mr. Speaker, I must add that system for eligibility for employment, and dous bipartisan support. In each case, promoting economic growth and stabil- through other measures, to reform the legal immigration system and facilitate legal en- the final product from this Congress ity in Mexico, in particular, whether tries into the United States, and for other has been a major accomplishment through implementing the North purposes. All points of order against the con- where past Congresses have unfortu- American Free Trade Agreement or ference report and against its consideration nately produced failure. working with our neighbor to avoid a are waived. The conference report shall be Mr. Speaker, in California, illegal financial collapse that would create considered as read. immigration is a problem in its own untold economic refugees on our The SPEAKER pro tempore. The gen- right, but it is also a factor that con- Southern border is critical to the suc- tleman from California [Mr. DRIER] is tributes to other problems. It under- cess of our fight against illegal immi- recognized for 1 hour. mines job creation by taxing local re- gration. We want to do what we can to H11072 CONGRESSIONAL RECORD — HOUSE September 25, 1996 give people an opportunity to raise get down to the matter. We do have the American people, according to poll their families at home rather than remainder of the day to deal with this after poll, want Congress to get serious come to this country for jobs and other and its other matter. Mr. GALLEGLY’s about stopping illegal immigration, benefits. amendment, and we could have given and they want us to reduce the rate of Mr. Speaker, now is the time for final ourselves a little more time, it seems legal immigration. Unfortunately, this action on this important illegal immi- to me. legislation would do neither. This gration bill. California must deal every Mr. Speaker, we do oppose this rule measure is a feeble and misguided re- day with that flood of illegal immi- and the legislation it makes in order, sponse to one of the most significant grants who are coming across the bor- the conference report on the Illegal Im- problems facing our Nation. For us to der seeking government services, job migration Reform and Immigrant Re- spend as much time and energy as we opportunities, and family members. sponsibility Act of 1996. have identifying ways to solve our im- There is simply no question that the By waiving all points of order against migration problems and then produce President, for all his rhetoric, has the conference report and its consider- such a weak piece of legislation is, I failed to make this a top priority. Once ation, this rule allows the leadership to think it is fair to say, a travesty, and again, as with welfare reform, we can bring this measure to the floor fewer eventually the American people, per- give the President a chance to live up than 24 hours from the time it emerged haps soon, I hope soon, will understand to his rhetoric. Let us pass this rule, from the conference committee. Hardly that we have not fulfilled our respon- pass this conference report, and give anyone besides the majority Members sibilities in this matter. the American people another issue of and staff who worked on the conference If we truly care about immigration which they can be very proud. report knows much about its specific reform, we must vote down this con- Mr. Speaker, I reserve the balance of provisions. We know that it does not ference report today so that the Con- my time. contain Mr. GALLEGLY’s amendment on gress and the President will be forced Mr. BEILENSON. Mr. Speaker, I educating children of illegal immi- to revisit this issue next year. Other- thank the gentleman from California grants, which is, we think, good. That wise, I am afraid the Congress and the [Mr. DREIER] for yielding me the cus- is, it is good that it does not contain it, administration will have an excuse to tomary 30 minutes of debate time, and but that is the only provision that has put this issue aside and it will be years I yield myself such time as I may received much attention in the press. again, literally years, before we get consume. We are being asked to rush to judg- really serious about stopping illegal I want to say at the outset, I say it ment on a matter that needs far more immigration and reducing legal immi- gently and nicely, this is not directed deliberation and discussion than it will gration. personally to my truly good and close have prior to the vote on final passage. One of this bill’s greatest defects is friend whom I admire, respect and like Furthermore, the rule essentially sanc- its lenient treatment of employers who a huge amount from California, but I tions House consideration of legisla- hire illegal immigrants. An estimated want to say to our friends on the other tion that is not the product of a legiti- 300,000 illegal immigrants settle perma- side that I am personally shocked and mate House-Senate conference com- nently in the United States each year. astounded by the lack of comity and mittee. There is good reason why no As we all know, virtually all of them collegiality that was shown in this par- Democratic member except for one are lured here by the prospect of jobs ticular instance. This is the first time signed the conference report. Demo- which they are able to obtain because I can recall in my 18 years of service on cratic members who had worked hard the law allows them to prove work au- the Rules Committee where the major- on this legislation along with their Re- thorization through documents that ity party started taking up a rule be- publican colleagues from its inception can be easily forged. fore the minority party was here, and were completely shut out of the con- That will continue to be the case de- in fact we learned of the rule being ference process. There was no consulta- spite this legislation’s reduction in the taken up at this time after having been tion with Democrats over the past 5 kinds of documents that can be used to assured, I know it is not the gentle- months after the House and Senate had prove work eligibility. As a result, it is man’s fault, so I am not directing my both passed immigration bills of their next to impossible for employers to de- comments at all to him, I say to my own. Democratic members went to the termine who is and who is not author- good friend, but to whoever is respon- conference meeting yesterday not ized to work in the United States. sible for changing or speeding up the knowing what was in the final product This is not a problem we recently dis- course of action here. We were assured and were not given the opportunity to covered, Mr. Speaker. Congress knew a this would not be taken up for some offer amendments despite the fact that decade ago and more when we first es- time, until sometime after we had dis- the proposed conference report con- tablished penalties for employers who posed of the intelligence bill and after tained many new items and quite a few knowingly hire illegal immigrants that at least some of the other bills on sus- that were outside the scope of the con- it would be difficult to enforce the law, pension would be taken up, and our ference itself and no vote was taken on impossible actually, if we did not have people are not prepared or are not so the report. And now here on the floor some kind of system requiring employ- prepared as they would have been an we are being asked to endorse this ers to verify the authenticity of docu- hour or two from now to debate this egregious practice by adopting this ments that employees use to show matter. rule. We should not do that, we should work authorization. Mr. DREIER. Mr. Speaker, will the defeat this rule or, failing that, we Moreover, because more than 50 per- gentleman yield? should defeat the conference report it- cent of illegal immigrants come here Mr. BEILENSON. I yield to the gen- self. legally and then overstay their visas, tleman from California. Mr. Speaker, those of us who rep- we cannot stop these types of immi- Mr. DREIER. I just want to say that resent communities where large num- grants simply by tightening border I agree with the gentleman. I wish that bers of immigrants settle have been control. The only real way we can stop it had been run in a more orderly fash- working hard for a number of years to them is by forcing employers to check ion. I was assuming that there would get Congress and the administration to their work authorization status with have been a recorded vote on that in- stop the flow of illegal immigrants into the government. telligence bill. the United States. Many of us have But despite knowing full well that Mr. BEILENSON. I understand. As I also been trying to slow the growth or the lack of an enforceable verification said to the gentleman from California slow the rate at which legal immi- system is the largest obstacle to en- [Mr. DREIER], my friend, I know it was grants are flowing into our country. forcing employer sanctions and thus not the gentleman’s doing. I just want- Our efforts have been supported by the biggest hole in our efforts to stop ed to say if we seem a little hurried on not only people who are affected di- illegal immigration, this legislation this side and some of our folks have rectly by rapid population growth re- fails to cure that major principal prob- not arrived yet, it is because they did sulting from immigration, but also by lem. not expect to have to be over here the vast majority of Americans every- For employment verification, the bill quite at this time. At any rate, let us where. More than 80 percent of the provides only for pilot programs in September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11073 States that have the highest numbers immigrants who have settled here ple here right now. There could be no of undocumented workers. Because since the early 1990’s; not prior immi- doubt that our ability in the future to these pilot programs will be voluntary, gration, but just the immigration that provide a sufficient number of jobs or employers will be able to avoid check- is occurring now and will continue to adequate housing and enough water, ing the status of their employees. occur if this bill is allowed to pass. food, education, especially health care Thus, businesses that hire illegal im- As recently as 1990, the Census Bu- and public safety, is certain to be test- migrants, and there are plenty of them, reau predicted that U.S. population ed in ways that we cannot now even Mr. Speaker, who do, will continue to would peak and then level off a few imagine. be able to get away with it the same decades from now at about 300,000 peo- However we look at it, Mr. Speaker, way they do now, by claiming that ple. In 1994, however, just 4 years later, however we look at it, failing to reduce they did not know that employees’ because of unexpectedly high rates of the current rate of immigration, legal work authorization documents were immigration, the bureau changed its and illegal, clearly means that our fraudulent. And that will continue predictions and now sees our popu- children and our grandchildren cannot until the Congress revisits the issue lation growing unabated into the next possibly have the quality of life that and passes legislation making verifica- century, into the late 21st century, we ourselves have been fortunate to tion mandatory. when it will reach 800 million, or per- have enjoyed. With twice as many peo- To make matters worse, the bill fails haps 1 billion Americans, in the coming ple here in this country, and then more to provide for an adequate number of century. than twice as many, we can expect to investigators within either the Immi- Now, a year ago, there was a near have at least twice as much crime, gration and Naturalization Service or consensus among Members and others twice as much congestion, twice as the Labor Department to identify em- working closely on immigration reform much congestion, twice as much pov- ployers who are hiring illegal immi- that we needed to reduce the number of erty, twice as many problems in edu- grants. legal as well as illegal immigrants en- cating our children, providing health The other glaring failure of this piece tering this country. The Clinton ad- care and everything else. of legislation is its failure to reduce ministration has proposed such reduc- In terms of both process and out- the huge number of legal immigrants tions, and both the House and Senate come, this conference report is a grave who are settling in the United States Judiciary Committee versions of the disappointment. It is notable more for each year. Many people have been fo- immigration reform legislation also what it is not than for what it is. In- cusing on the problem of illegal immi- contained those reductions. All three stead of a conference report that re- gration, which is understandable. Un- proposals were based on the rec- flects only the views of the majority documented immigrants and employers ommendations of the immigration re- party, this measure could have been a who hire them are breaking our laws form commission, headed by the late bipartisan product as immigration bills and should be dealt with accordingly. Barbara Jordan, which proposed a de- traditionally are, but it is not. Instead But if a fundamental immigration crease in legal immigration of about a of a measure developed in someone’s problem we are concerned with, and I quarter million people a year. office, this continuing resolution could believe it is, it certainly is amongst The commission’s recommended re- have been the result of a conference the people I represent back home, is duction would still, of course, have left committee, but it is not. Instead of leg- the impact of too many people arriving the United States in a position of being islation that is lax or lenient on em- too quickly into this country, the by far the most generous nation in the ployers who hire illegal immigrants, sheer numbers dictate that we cannot world in terms of the number of immi- this could have been a measure that fi- ignore the role that legal immigration grants we accept legally. We would nally established a workable system plays. About three-quarters of the esti- continue to be a country which accepts that enforced penalties against those mated 1.1 million foreigners who settle more legal immigrants than all of the who knowingly hire illegal immi- permanently in the United States each other countries of the world combined. grants, but it is not. year do so legally. But, unfortunately, Mr. Speaker, Instead of a bill that fails to slow the after intensive lobbying by business in- tide of legal immigrants, except by sin- b 1215 terests and by proimmigration organi- gling them out for unfair treatment, as It is the 800,000, more or less, legal zations, both the House and the Senate it does, this could have been a bill that immigrants, more so than the esti- stripped the legal immigration reduc- reduces the rate at which immigrants mated 300,000 illegal ones, who deter- tion from this legislation entirely, and settle here and thus help solve many mine how fierce the competition for did so with the Clinton administra- problems which confront us as a soci- jobs is, how overcrowded our schools tion’s blessing. Now, unless the Con- ety already, but it is not. are, and how large and densely popu- gress defeats this legislation today, re- Mr. Speaker, the bill this rule makes lated our urban areas are becoming. ductions in legal immigration, are un- in order, does not, to be frank about it, More importantly, the number of for- likely for the foreseeable future. deserve our support. I urge our col- eigners we allow to settle in the United Our failure to reduce legal immigra- leagues to vote it down, both the rule States now will determine how crowded tion will only be to our Nation’s great and/or the conference report, so that this country will become during the detriment. The rapid population Congress and the President, and the ad- next century. growth that will result from immigra- ministration, which did not do its The population of the United States tion will make it that much more dif- duty, it seems to this Member by these has just about doubled since the end of ficult to solve our most pervasive and issues, both the Congress and the World War II. That is only about 50 environment problems such as air and President will be forced to return to years ago. It is headed for another dou- water pollution, trash and sewage dis- this issue next year and to produce the bling by the year 2050, just 53 or 54 posal, loss of agriculture lands, and kind of immigration reform legislation years from now, when it will probably many others, just to name some of the that the American people want and exceed half a billion people. Half a bil- major ones. that our country badly needs. lion people in this country. Immigra- More serious environmental threats Mr. Speaker, I reserve the balance of tion is the engine driving this unprece- are not all that we will face when our my time. dented growth. communities, especially those in large Mr. DREIER. Mr. Speaker, I yield 1 Natives of other lands who have set- coastal urban areas, speaking mainly, minute to my very good friend, the tled here since the 1970’s and their off- of course, at the amount, of California gentleman from Texas [Mr. SMITH], the spring account for more than half the and Texas and Florida and New York chairman of the subcommittee. population increase we have experi- and New Jersey, but there are others Mr. SMITH of Texas. Mr. Speaker, I enced in the last 25 years. The effects that are already being affected and thank the gentleman for yielding me of immigration will be even more dra- more that will be in the future, areas time. matic, however, in the future. By the that are magnets for immigrants, Mr. Speaker, the comments by oppo- year 2050, more than 90 percent of our whether legal or illegal, are already nents of this legislation simply do not annual growth will be attributable to straining to meet the needs of the peo- represent the views of most Americans. H11074 CONGRESSIONAL RECORD — HOUSE September 25, 1996 They do not even represent the desires tab American taxpayers currently pay. alties would also serve to reduce the of a majority of the Members of their H.R. 2202 sets up a 3-year voluntary incentives to employ and thereby deter own party. Every substantive provision pilot program in five States so employ- illegal immigration. in this compromise conference report ers can use a phone system to verify This conference report does not con- has already been supported by a major- Social Security numbers of prospective tain the Senate provision that would ity of Democrats and a majority of Re- employees. If the pilot is successful, we have provided subpoena authority to publicans either in the House or Sen- may finally have a simple and effective the Secretary of Labor to carry out en- ate. way for employers to fulfill their legal forcement responsibilities under this I find it curious that when the Amer- responsibility to hire only eligible act. ican people want us to reduce illegal workers. There is no national identity Even though I served on the con- immigration, every single criticism card and no big brother database in ference committee, and I was honored made by the opponents of this bill this legislation. Mr. Speaker, as with to do so, I nor other Democrats were would make it easier for illegal aliens all things that are borne of com- given the opportunity to offer amend- to enter or stay in the country, or it promise, this legislation is not without ments to correct these deficiencies: We would make it easier for noncitizens to disappointments. In my State of Flor- will have real immigration reform get Federal benefits paid for by the ida, we know that undocumented im- when we as Democrats are not locked taxpayer. migrants cost Florida taxpayers mil- out of the process. Mr. DREIER. Mr. Speaker, I yield 31⁄2 lions of dollars every year in education Is this bill better than no bill? minutes to my friend, the gentleman costs. The Governor’s office estimated Maybe. But the people of America want from Sanibel FL [Mr. GOSS], the chair- the cost for 1 year to have been $180 something that will stop illegal immi- man of the Subcommittee on Budget million. Nationwide for 1 year the esti- gration. This will not stop it. It may be and Legislative Process. mate was more than $4.2 billion. We better than the status quo because of (Mr. GOSS asked and was given per- simply cannot afford to educate all of the additional border patrol, but it mission to revise and extend his re- the world’s children while extending a does not go as far as the American peo- marks.) magnet that fuels illegal entry into our ple want it to go to deter illegal immi- Mr. GOSS. Mr. Speaker, I thank the country. Although I am disappointed gration. That is why this is not the vice chairman of the Committee on it’s not in this bill, I am pleased that panacea that you may hear from the Rules, my friend, the gentleman from this House has a chance to debate the other side of the aisle. It is an election California [Mr. DREIER], for yielding. I Gallegly language as a separate meas- year gimmick to say we passed immi- wish to commend the gentleman for his ure, to end the current unfunded Fed- gration reform, but we have not. efforts on this important bill. I can say eral mandate and give States an oppor- Mr. DREIER. Mr. Speaker, as the that he has been persistent and he has tunity to make their own decision gentleman from Texas just said, this been instrumental in getting us to this about how to handle this problem. bill is clearly better than the status point. Overall, Mr. Speaker, this is a solid quo. I support the rule, but I do agree with bill. It is one more example of this Mr. Speaker, I yield 2 minutes to my the gentleman from California [Mr. Congress, under our new majority, liv- friend, the gentleman from Orlando, BEILENSON] that there was a mixup in ing up to its commitments. One more FL [Mr. MCCOLLUM], the chairman of the scheduling, and I think that we time we have promises made, promises the Subcommittee on Crime. have understood there was nothing sin- kept. Mr. MCCOLLUM. Mr. Speaker, I ister behind it. A vote dropped off, so Mr. BEILENSON. Mr. Speaker, I thank the gentleman for yielding 2 we got ahead of ourselves. yield 2 minutes to the gentleman from minutes to me. Mr. Speaker, many months ago the Texas, Mr. GENE GREEN. Mr. Speaker, I just want to make a House passed 2202 to reform our Na- Mr. GENE GREEN of Texas. Mr. comment. There are a few things in tion’s broken immigration system. Speaker, I thank my colleague from this bill that maybe I could quibble This landmark legislation will tight- California for yielding me time. TONY, over, but very few. There are a number en our borders, block illegal immi- we will miss you next year and all your of things that are not in this bill that grants from obtaining jobs that should work you have done for not only our I would like to see here, and I know go to those who are in the United district, but the people of California, many other Members would. But, over- States legally, streamline the process and the people of our country. all, this is an excellent work product. for removing illegals, and make illegal Mr. Speaker, there is a consensus There are some very significant things immigrants ineligible for most public that illegal immigration is a national in this bill. benefits. problem that needs to be addressed. I One of the things this bill does is to All along in this process, the drum- believe our immigration laws need to reform the whole process of asylum, beat from the American people has be strengthened. But this conference that is the question where somebody been very clear—it’s long past time for agreement ignores the real reasons for seeking to come here or to stay here reform. We have come to understand illegal immigration and does little to claims that they have been or would be that reform is not for the faint of protect American jobs. The reason peo- persecuted for religious or political heart—that there are tough choices to ple are in our country illegally is not reasons if they return to the country of be made and that there are real human to go to school, it is to get a job. their origin. beings on all sides of the immigration A successful control of illegal immi- We have had lots of people coming in process. In the end, I believe we have gration requires comprehensive efforts here claiming that. Most of them who legislation that is tough but fair—leg- not only to police our borders, but also claim it have no foundation in claim at islation designed to keep the door open to effectively reduce the incentives to all. Once they get a foot in the airport for those who want to come to America employ illegal immigrants. or wherever, they make that claim, but are willing to do it via an orderly, The bill has serious deficiencies in they get into the system, many of legal process, not sneak in the back or regard to employment and work site them are never heard from again. We side door. enforcement. The conference report do not get the kind of speedy process H.R. 2202 will add 5,000 new border pa- does not contain the Senate provision we need to resolve this. trol agents over the next 5 years Yes, that would authorize 350 additional en- Under this legislation there is a sys- 5,000. It will make illegal immigrants forcement staff for the Department of tem much better than we have today ineligible for many public benefits, Labor, Wage and Hour Division, to en- for resolving the whole question of asy- while still allowing them access to hance worksite enforcement of our lum from A to Z. We have an expedited emergency medical care. It also re- laws. or summary exclusion process that will quires future sponsors to take more re- This conference report does not con- be guaranteed in the sense you get two sponsibility for their charges—a pro- tain the Senate provision authorizing bites at the apple. If you ask for asy- spective change that is a win for immi- enhanced civil penalties for employers lum at the airport, an asylum officer grants and for American taxpayers who violate the employment sanctions specially trained will screen you. If you alike, reducing the $26 billion annual and specified labor laws. Higher pen- think you have been given a raw deal September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11075 and he says you do not have a credible because of computer errors, and we Mr. ROHRABACHER. Mr. Speaker, I fear of persecution and decides to re- know in this brave new world we live in rise in strong support of the rule and turn you straight home, you get to go that is becoming more and more com- the conference report. before an immigration judge. That has mon, under this bill they will not be Mr. Speaker, millions of illegal to be done though within a matter of 24 able to seek compensation from the aliens have been pouring into our coun- hours, 7 days at the most. Federal Government because of that try, and we have heard year after year It is a very, very positive provision, error because they were just kind of after year a reason of why we should because it you do not qualify, you are wiped out on the list and were not able not act. There is always going to be a going to be shipped right back out to get a job. reason that the other side will prevent again, and do not get caught up in our At the same time it does this, it does us from acting. system. And the list goes on and on. something else. It will make it easier In fact, for years those of us on the So this is a very important and posi- for employers to hire illegal workers. Republican side have begged for an im- tive bill. But there are a couple of The conference report does not include migration bill, and we have been pre- things that I think should have been in the Senate provision that would have vented time and time again from hav- here that are not. One of them is the increased penalties for employers who ing any type of legislation where we strengthening of the Social Security knowingly hire illegal workers. could come to grips with this problem. card that the gentleman from Califor- Now, that is significant, because each In California, our health facilities nia [Mr. BEILENSON] talked about at year more than 100,000 foreign workers and our schools have been flooded with some length. We need a way, a very dif- enter the work force by overstaying illegal aliens. Our public services are ficult way, to get rid of document their visas. Many are hired in illegal stretched to the breaking point. Tens fraud, in order to make employer sanc- sweatshops, in violation of minimum of billions of dollars that should be tions work. All too many people are wage laws. And we have seen what the going to benefit our own citizens are coming into this country today getting Labor Department has unveiled in this being drained away to provide services fraudulent documents for $15 or $20 on regard over the last couple of years: and benefits to foreigners who have the streets, including Social Security Sweatshops all over this country with come here illegally. cards, drivers licenses or whatever, and illegal people who are working in these Who is to blame? Certainly not the then they go get a job. There is no way sweatshops and no crackdown on the immigrants. We cannot blame them if to make a law that says it is illegal to employers. The conference report does we are to provide them with all these knowingly hire an illegal alien work. not include the additional 350 labor in- services and benefits. This administra- spectors. tion and the liberal Democrats, who b 1230 Let me also say something about have controlled both Houses of Con- And until we solve this fraud problem class. This is a bill that discriminates gress for decades, have betrayed the and we do more than we are doing in against average working people in this trust of the American people. this bill to do that, we will never make country and average folks. Millions of We are supposed to be watching out it such that we can cut the magnet of Americans would be denied the ability for our own people. When we allocate people coming in here illegally. to reunite with their spouses or minor money for benefits, for service, SSI and But the bill is excellent. Let us vote children because they do not earn more unemployment benefits, it is supposed for this bill and work on these other than 140 percent of the poverty level, to benefit our citizens, the people that matters in the next Congress. which is the income standard set by are paying taxes, who fought our wars. Mr. BEILENSON. Mr. Speaker, I the conference report in order for it to Instead, when we have tried to make yield 3 minutes to the distinguished sponsor a family member to come here. sure these are not drained away to ille- gentleman from Michigan [Mr. A third of the country would be ineli- gal aliens, we have been stopped every BONIOR], the minority whip. gible to bring in folks under this par- time by the Democrats who controlled Mr. BONIOR. Mr. Speaker, I thank ticular conference report. But if you this House. my colleague for yielding me this time. have a few bucks, no problem. If you This bill finally comes to grips with And let me say at this point briefly are an average worker in this country, the problem that has threatened the to my friend from California, whom I we are sorry. well-being of every American family. have had the honor of serving with, and Another point in this bill that I And, yes, we are going to hear a little we were in the same class together, think Members should pay attention nitpicking from the other side of why been here for 20 years, how much I have to: An individual serves his country. it is not a perfect bill. But the Amer- appreciated his friendship and his They are here not as a citizen but as a ican people should remind themselves, counsel and all that he has done for legal immigrant, and they decide to it is this type of nitpicking that has this institution. He is truly one of the serve in the armed forces, the Air placed their families in jeopardy for most decent people I have ever served Force, the Marine Corps, the Army, decades and permitted a problem of il- with in public life, one of the brightest and they put in 2 years or 4 years, and legal immigration to mushroom into a people I have ever served with, and I then they leave and get in an auto- catastrophe for our country. will miss him dearly as we go into our mobile accident and take advantage of Mr. BEILENSON. Mr. Speaker, I next Congress. some medical benefits. They can go yield 21⁄2 minutes to the gentlewoman Mr. Speaker, I would like to echo the under this bill. They can be deported. from Texas [Ms. JACKSON-LEE]. comments of my friend from California There are a lot of things in this bill Ms. JACKSON-LEE of Texas. Mr. in opposing this rule and opposing this that are discriminatory against a lot of Speaker, I thank the gentleman from conference report. I do so for the fol- people who care about this country. I California, and let me say as a new lowing reasons: think it is a bad piece of legislation. Member of Congress, I have admired This conference report weakens pro- Say no to the rule. Say no to the bill. his leadership, his determination, and tection for American workers while We will come back and do it right in particularly the demeanor in which he making it easier for employers to hire the next Congress. has led not only his district, the State illegal workers. The conference report Mr. DREIER. Mr. Speaker, I yield of California, but the Nation, and I includes broad language that is not myself such time as I may consume thank him very much for his services. contained in the House-passed bill and would say to my friend, if he does It is important as we rise to the which rolls back antidiscrimination not like the sponsor provision that ex- floor, Mr. Speaker, on this issue, to protections and makes it more difficult ists today, he should try to get rid of it chronicle for the American people just for American workers to bring employ- rather than leaving it absolutely mean- how far we have come. This legislation ment discrimination claims. ingless. started out as a combination of some Workers will now have to prove that Mr. Speaker, I yield 2 minutes to the effort in response to legal immigration an employer deliberately had an intent gentleman from Huntington Beach, CA and illegal immigration. to discriminate, which is an almost im- [Mr. ROHRABACHER], my friend, and one Unfortunately, the provisions of the possible standard to meet. Workers of the strongest proponents of legal im- legal immigration part of this legisla- who are wrongfully denied employment migration. tion were extremely harsh and, in fact, H11076 CONGRESSIONAL RECORD — HOUSE September 25, 1996 did not capture the spirit of the Statue both the Endangered Species Act and We had a conference committee yes- of Liberty, which indicates that this the National Environmental Policy terday that was only for the purpose of Nation, bar none, regardless of the Act. offering an opening statement. We did standards used by other countries, we This provision is intended to address not have a chance to make an offer of do not follow, we lead, was not a coun- an issue that has to do with the Cali- an amendment that say, ‘‘This is a pro- try that would close its doors to those fornia-Texas-Mexico border. However, vision that needs to be changed; can we seeking opportunities for work but op- the way this section is written, the ex- change it?’’ Not a word. We were not portunities for justice and liberty and emption applies to the entire border of allowed one opportunity to do so. freedom. the United States, not just the Califor- This has come to the floor, with So I am delighted that we were able nia-Mexico border near San Diego. changes made in the back room in the to separate out the major parts of legal This waiver is not necessary, either dead of night, and some people are only immigration and to acknowledge that, in theory or in reality. Section 7, as a now finding out what some of the pro- yes, we must work with regulating the matter of fact, of the Endangered Spe- visions are. influx of those coming into this coun- cies Act provides the framework to ad- I want to give you one example of try, but we should never deny the op- dress any fence building. I have letters how procedurally this bill has gone portunity for those seeking political from the Department of Justice and wrong. In conference we happened to refuge and needing social justice and the Department of the Interior stating have found out, because we were hand- fleeing from religious persecution. Our that these waivers are not necessary. ed a sheet that same morning, that a doors should never be closed. Mr. Speaker, if it is important provision in the bill that we thought I am disappointed, as we now look at enough to exempt the Immigration and was in, which would deny a billionaire illegal immigration, we have several Naturalization Service from these im- a visa to come into this country after points that need to be considered. This portant environmental laws, then we that billionaire had renounced his U.S. is not a good jobs bill for America be- have to grow food, why do we not just citizenship. cause it does not give to the Depart- exempt the Department of Agriculture? In other words, we have a billionaire ment of Labor the 350 staff persons We have to get around in this country, in this country who renounces his U.S. needed to make sure that employers so why do we not just exempt the De- citizenship, says, ‘‘I do not want to be are following the rules as they should. partment of Transportation? And flood a U.S. citizen any more.’’ Why? Be- And, likewise, I would say that this control is extremely important in my cause he wants to avoid taxes. If an in- is an unfair bill with respect to those district, so why do we not just exempt dividual is not a U.S. citizen, they do who are here legally, for it says if they the Corps of Engineers? not pay U.S. taxes. Mr. Speaker, this is a bad provision, So he renounces his citizenship, goes want to bring their loved ones, their and while I am going to vote for this abroad, and then comes right back, ap- mother, their father, their siblings, bill, I pledge to spend the next 2 years plies for a visa to come back into this they must not be a regular working making sure we straighten out this country. He has not paid any taxes, and person, but they have to be a rich per- part of the bill which, to me, is a seri- he gets to come back into the country. son. ous problem. We had a provision in the bill that I thought this country was respective Mr. BEILENSON. Mr. Speaker, I said, no, if an individual renounces of all working citizens, all working in- yield 3 minutes to the distinguished their U.S. citizenship because they dividuals who worked every day. But gentleman from California [Mr. want to avoid taxes, they cannot come now we require a high burden of some BECERRA]. back in. We walk in that morning, and 200 percent more over the poverty level Mr. BECERRA. Mr. Speaker, I thank that provision is no longer there. So than had been required before in order the distinguished gentleman from Cali- these billionaires can come back into for a legal resident, a citizen, to bring fornia, a friend of mine, for yielding me the country without having paid their in their loved ones to, in essence, join this time. taxes. their family together. I think that is I also want to join all my colleagues unfair. who are acknowledging the many years b 1245 Then we raise a much higher stand- of service the gentleman from Califor- We said, why did you put that back ard on those citizens who now, or those nia [Mr. BEILENSON] has provided to in there? Why did we not have a chance individuals who are seeking employ- this institution and to the people of to discuss this? ment who may be legal residents. Now America. They probably do not realize Good news? Billionaires cannot come they must prove intentional discrimi- how instructive he has been in helping back in, if they renounce their citizen- nation. I think that is extremely un- us fashion all sorts of policy, and I cer- ship. Bad news? We did not know it fair. tainly will miss him, and I hope that until this morning when we walked in We likewise determine that we do not he continues to be involved in policy and found it is back in the bill. That is have the ability for redress of griev- for this country, because he has been a the democratic process that we have ances by those individuals who have voice that has brought reason and, I undergone in this bill, where Members been discriminated against. That is un- think, a great deal of wisdom to this are not told what is in the bill until fair. country’s policies and laws. the last moment. And let me say this in conclusion, Mr. Speaker, let me go on to say that What is the result? One Member Mr. Speaker. Mr. Speaker, let me say I am very disappointed in what we have called it, one colleague called it that we treat juveniles unfairly and we here today, for a couple of reasons, not nitpicking. I do not call it nitpicking should vote down the rules and vote only because I think substantively this when through a stealth move we re- down the bill. is a bill that needs a great deal of im- move increased penalties for employers Mr. DREIER. Mr. Speaker, I yield 11⁄2 provement, but because procedurally it who we know are hiring people who are minutes to the gentleman from Mount is disappointing to see, in the greatest not authorized to work in this country. Holly, NJ [Mr. SAXTON]. democracy in the world, that the Re- Why? I do not know. Who does it Mr. SAXTON. Mr. Speaker, I thank publicans, the majority in this Con- hurt? Only those employers who are the gentleman from California for gress, saw fit not to allow anyone to violating the law. Why do we want to yielding me this time. participate in the structuring of this reduce the penalties on employers who Mr. Speaker, first let me say that I final version of the bill unless one hap- are violating the law? support the rule and I will vote in favor pened to be Republican. Final point I will make, young stu- of the bill itself today. However, I am Not one point in time, since the bill dent in college, tries to get financial deeply disturbed by one aspect of the first passed out of the House of Rep- aid, has been valedictorian in high bill. resentatives back in March, have school. Because he is a legal immi- Most of the provisions of the bill, I Democrats had an opportunity to pro- grant, he happens to be qualified for a think, are in accord with good sound vide amendments to this particular Pell grant. Gets a Pell grant for 1 year, policy. However, this bill does contain conference report or to participate is now deportable because the person one provision, to exempt the Immigra- even in discussion of amendments on qualified for a Pell grant or maybe a tion and Naturalization Service from this report. student loan. Crazy. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11077 Mr. DREIER. Mr. Speaker, I yield 2 we would even turn on our most vul- already the Committee on Appropria- minutes and 30 seconds to the gen- nerable members? tions and the administration have gone tleman from Scottsdale, AZ [Mr. In a frenzy to shove undocumented far beyond the authorization contained HAYWORTH], my thoughtful and hard- immigrants out of the country, the Re- in this particular bill to do that. Set- working and eloquent colleague. publican majority has crafted one of ting up and committing to a national (Mr. HAYWORTH asked and was the most offensive pieces of legislation verification program to make employer given permission to revise and extend ever. They did not make this bill any sanctions meaningful. This bill started his remarks.) better simply by removing the bar on out like that but totally fell apart on Mr. HAYWORTH. Mr. Speaker, I undocumented children attending pub- the House floor, primarily at the be- thank my good friend from California lic school. The conference agreement hest of the majority party Members. for this time. Mr. Speaker, I would still severely restricts legal immi- And then to go after those industries make the observation that despite the grants’ access to benefits, even though that systematically recruit and employ prevailing winds of what is politically they play by the rules, they work hard illegal immigrants in order to have a correct, this is one of the few instances and they pay taxes. But yet those competitive edge in wages and working in official Washington where a descrip- multibillionaires who renounce their conditions in their own operations. tion accurately fits the act it is de- citizenship just so they cannot pay The Border Patrol increase is being scribing, for this rule and this legisla- taxes, they are welcome to come back. done by the administration and the tion addresses the problem of illegal I ask my colleagues and urge them to other 2 provisions are outrageously ig- immigration. By its very definition, it vote down the rule and vote this legis- nored in this conference report. is an act against the law. And for that lation down. I voted for this bill when it came out reason primarily, if an action is taken Mr. DREIER. Mr. Speaker, I yield 1 of the House of Representatives. I indi- which is illegal, there should be sanc- minute to the gentleman from Lula, cated I would vote for it in the form it tions against those who would partici- GA [Mr. DEAL]. was in if the Gallegly amendment was pate in that illegal act. That is why I Mr. DEAL of Georgia. Mr. Speaker, removed. The Gallegly amendment was rise in strong support of the rule and we have heard a lot of terms here the removed, but in a dozen different ways the legislation. today. One is unfairness. Let me talk the conference report is worse than the Mr. Speaker, I come from the border about the greatest unfairness there is. House bill and in many cases, notwith- State of Arizona. It is of great concern That is those citizens and those legal standing the Committee on Rules waiv- to the people of Arizona that we close immigrants who are finding their jobs ers, exceeds the scope of what either the door on illegal immigration. Hear taken away from them, who are finding House did in the most draconian ways. me clearly, on illegal immigration, be- their taxes increased to pay for the Draconian against illegal immigration? cause by closing this illegal back door, jobs that are going to those who are il- No. Draconian against legal immi- we can keep the front door open to im- legally in this country and the benefits grants. migrants who have helped our society that are going to them. This is truly a desire by the people and helped our constitutional Republic. There are a lot of things that we as who lost on both the House and Senate I think of one of them who hails from Americans hold dear. One is citizen- floor in their efforts to cut back on Holbrook in the sixth district of Ari- ship. Those of us who are lucky to legal immigration to do the same zona, who makes that place her home. achieve it by the virtue of birth or thing, but in the most unfair fashion, Her name is Pee Wee Mestas. She is a those who have achieved it by virtue of not straightforwardly by reducing the restaurant owner. She came to this Na- immigration and naturalization. An- numbers but by focusing on the work- tion legally. Her mother applied for a other thing we hold dear is that we are ing class people in the society and visa, went through the necessary legal a country that has a system of law. stripping them of their right to bring steps to become a citizen. Her mother I submit to you that the ever-in- legal immigrants over. worked hard, going to school, going to creasing tide of illegal immigrants un- The new welfare law bars legal immi- cosmetology classes while working as a dermines both of these things. Citizen- grants from programs such as SSI and domestic servant to provide for her ship should not be cheapened. Respect food stamps and from Medicaid for 5 family. Pee Wee’s mom was willing to for the law, which includes immigra- years. It gives States the ability to work hard and follow the rules. Be- tion laws, should not be denigrated. permanently deny AFDC and Medicaid cause she was, she raised up a genera- This bill is the first major step this to legal immigrants. tion of citizens, citizens who work hard institution has taken in the direction This conference report goes much, and play by the rules. of dealing with illegal immigration in much further than that, makes legal That is the basic issue here. End an more than a decade. Is it perfect? Cer- immigrants not ineligible for these illegal act and instill responsibility. If tainly not. But does it begin to restore three or four programs but subject to it is good enough for the Mestas fam- the sanctity of citizenship and respect deportation for use of almost every ily, it should be good enough for the for the law, yes, it does. means-tested program for which they United States of America. Support the Mr. BEILENSON. Mr. Speaker, I are eligible under the welfare law. In rule. Support the legislation. Let us yield 4 minutes to the gentleman from other words, what the welfare con- take steps to end illegal immigration. California [Mr. BERMAN]. ference did not do, they decided to do Mr. BEILENSON. Mr. Speaker, I (Mr. BERMAN asked and was given here, and not declare ineligibility but yield 1 minute to the gentlewoman permission to revise and extend his re- make you subject to deportation. from New York [Ms. VELA´ ZQUEZ]. marks.) Let me tell you what that means. (Ms. VELA´ ZQUEZ asked and was Mr. BERMAN. Mr. Speaker, first I You are a legal immigrant child who given permission to revise and extend want to say to my colleague from Cali- goes through high school, applies to a her remarks.) fornia, whom I have known for 34 college based on your superb academic Ms. VELA´ ZQUEZ. Mr. Speaker, I years, who walked precincts in his first performance and test scores. You get would like to take this opportunity to campaign, that I will truly, sincerely admitted to an expensive university, offer thanks to the gentleman from and sorely miss him. He is a model leg- ivy league college, Stanford. You apply California [Mr. BEILENSON] for his guid- islator and a pleasure to work with. I for a student loan. If you are on that ance, leadership, and vision, and we all wish him well. student loan for more than a year, you are going to miss him. The gentleman from Arizona, who are subject to deportation. What an Mr. Speaker, I rise today to express spoke a few minutes ago, is so totally outrageous provision that is. What a my strong opposition to this con- wrong when he says this is the bill that slap in the face of this country’s tradi- ference report. This so-called immigra- will finally do something about illegal tions that is. tion reform bill not only attacks a immigration. Everyone knows, when Let me tell you how much else they wide range of very hard-working Amer- they think about it, the only effective do here. For the first time in American icans but, worst of all, it wreaks havoc ways to do something to deter illegal history, an U.S. citizen will be subject on the lives of children. When did we immigration are at the border, and this to an income test before he can bring become such a distrustful society that bill authorizes more Border Patrol, but his spouse into the country. H11078 CONGRESSIONAL RECORD — HOUSE September 25, 1996 I urge a ‘‘no’’ vote on the rule, a ‘‘no’’ That is clearly no longer the case. go to our hospitals today, they will see vote on the conference report. Immigration reform is an issue on the there are major adverse impacts. Talk Mr. DREIER. Mr. Speaker, I yield 2 minds of nearly all Americans, and to our law enforcement people about minutes to the gentleman from Califor- nearly all express deep dissatisfaction the major impact of illegal immigra- nia [Mr. PACKARD], former mayor of with our current system and the strong tion. The cost is not just in dollars and Carlsbad, now of Oceanside, CA. desire for change. Today we are deliv- cents. (Mr. PACKARD asked and was given ering that change. And I would ask my colleagues on permission to revise and extend his re- I truly believe that this conference the other side of the aisle, if you don’t marks.) report that we will be hearing shortly care about the cost to the working Mr. PACKARD. Mr. Speaker, I rise in represents the most serious and com- class people, because this illegal immi- very strong support of this rule and the prehensive reform of our Nation’s im- gration does not affect the rich white conference report. Immigration has migration law in modern times. It also people, illegal immigration hurts those been the most significant critical prob- closely follows the recommendations of who need our services and our jobs in lem in my State for many, many years. both the Speaker’s Task Force on Im- this country more than anything else, I have worked a lifetime, it seems, on migration Reform, which I chaired, and those who are legally here. But if you trying to resolve our serious illegal im- those of the Jordan Commission. Ap- don’t care about that, let me ask you migration problems. They are affecting proximately 60 percent of the rec- to care about the humanity that is southern California and California gen- ommendations made by the Speaker’s being slaughtered every day along our erally and the Nation generally in very Task Force have been included in this border because Washington, not Mex- significant ways. conference report. ico, not Latin America, not anywhere In fact, the two bills that I intro- They include, in part, provisions to else in the country, but Washington duced on the first day that I started double the number of Border Patrol and the leadership in Washington has this session of Congress, the 104th Con- agents stationed at our borders to pulled a cruel hoax that says, ‘‘Come to gress, have been incorporated into this 10,000 agents; expanded preinspection our country illegally, and we will re- bill, one of which would increase the at foreign airports to more easily iden- ward you. Come to our country, and we Border Patrol to 10,000 agents, and the will give you benefits.’’ second would deny Federal benefits to tify and deny entry to those persons I ask my colleagues to consider this: illegal aliens. In essence, that was Prop with fraudulent documents or criminal In my neighborhoods in south San 187 in California. backgrounds; tough new penalties for Diego, we have had more people die in But this bill is not only about pro- those who use or distribute fake docu- tecting our borders from those who are ments, bringing the penalty for that of- the last few years being slaughtered on entering here illegally. It is about pro- fense in line with the use or production our freeways, drowned in our rivers, tecting American taxpayers from being of counterfeit currency. run off of cliffs. More people have died, my colleagues, trying to cross the bor- forced to pay for those who are break- b 1300 der illegally in San Diego than were ing our laws just to be in this country. Mr. Speaker, the primary responsibil- California alone pays out billions of killed in the Oklahoma bombing. ities of any sovereign nation are the Now I ask my colleagues on the other dollars per year to deal with the prob- protection of its borders and enforce- lems of illegal immigration. This bill side of the aisle who wanted to delay ment of its laws. For too long in the will help to ease this problem by re- and put it off, Would you delay ad- area of immigration policy, we at the moving the incentives for immigrants dressing one of the greatest terrorist Federal Government have shirked both to cross our borders illegally, and by acts that we have seen in our neighbor- those duties. It may have taken a long reimbursing those States who have to hoods and along the border than we time, but policy makers in Washington incarcerate illegal immigrant felons. have seen in our lifetime? If Oklaho- Mr. Speaker, this bill is the culmina- are finally ready to acknowledge the ma’s explosion was so important that tion of a process that began in Califor- devastating effects of illegal immigra- we address that slaughter, please do nia with Prop 187 and continued tion on our cities and towns. not walk away from the loss of human- through the Immigration Task Force Finally, I would like to congratulate ity down in San Diego and in California called by the speaker. I want to con- my colleague, the gentleman from along the border. There are people that gratulate all those who have worked so Texas [Mr. SMITH], who chairs the Sub- are dying because they are told to hard on it. I particularly want to con- committee on Immigration and Claims come to this country and we will re- gratulate LAMAR SMITH, who has for all the effort that he has put into ward them. worked to put this bill together. I also this, putting his heart and soul into Please join with us. Support the rule. want to congratulate ELTON GALLEGLY this legislation. I would also like to Let us reform illegal immigration and for his efforts, and certainly I will sup- thank him for welcoming the input of let us do it now. Quit finding excuses. port his bill and the vote on this issue. myself and other members of the task Mr. BEILENSON. Mr. Speaker, I Let me conclude by simply telling force in crafting this legislation, and I yield myself the remainder of our time. the minority leader of the Committee urge my colleagues to vote yes on this The SPEAKER pro tempore (Mr. on Rules, Mr. BEILENSON, at least on rule and let us pass immigration re- CAMP). The gentleman from California this issue how much I have appreciated form that this Nation sorely needs. is recognized for 30 seconds. working with him. He is one of the gen- Mr. DREIER. Mr. Speaker, I yield 2 Mr. BEILENSON. Mr. Speaker, we tlemen of the House. It has been a real minutes to my very good friend the urge, as we have before, a ‘‘no’’ vote on pleasure to work with him over these gentleman from Imperial Beach, CA this rule. The rule allows consideration years. We will miss him dearly. [Mr. BILBRAY]. of a conference report that was not Mr. DREIER. Mr. Speaker, I yield 3 (Mr. BILBRAY asked and was given given proper consideration by the con- minutes to the gentleman from Califor- permission to revise and extend his re- ference committee, a conference report nia [Mr. GALLEGLY], my very good marks.) on which the minority party had no in- friend who has chaired our Task Force Mr. BILBRAY. Mr. Speaker, as some- volvement. More importantly, the con- on Illegal Immigration, former mayor body who lives on the border with Mex- ference report that this rule makes in of Simi, CA. ico and grew up with the immigration order is a feeble and misguided re- Mr. GALLEGLY. Mr. Speaker, I issue, I am very concerned to hear my sponse to one of the most significant thank the gentleman for yielding. I colleagues on the other side of the aisle problems facing our Nation. Passage of rise today in strong support of this say, ‘‘Let’s not do it now. Let’s put it this legislation will allow employers rule. off and try to do something else in the who hire illegal immigrants to con- For the better part of the past decade next Congress.’’ tinue to do so and to get away with it. I have been working to bring badly I as a mayor and as a county super- Passage of this legislation will let Con- needed reforms to our Nation’s immi- visor, I worked with the problems in gress say that we have done something gration laws. Unfortunately, for far too our community with illegal immigra- about illegal immigration when in fact long I have felt like I was talking to tion, crime, the impacts on our health we have not done the real work that we myself. care system. In fact, if my colleagues know that we have to do. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11079 The real tragedy, Mr. Speaker, and I The vote was taken by electronic de- Brown (CA) Hinchey Olver Brown (FL) Hoyer Ortiz say to my friends, is that we have vice, and there were—yeas 254, nays Brown (OH) Jackson (IL) Owens missed here a great opportunity to 165, not voting 14, as follows: Bryant (TX) Jackson-Lee Pallone know what to do. The Members who [Roll No. 430] Chapman (TX) Pastor have worked hardest on this issue Clay Jacobs Payne (NJ) YEAS—254 Clayton Jefferson Pelosi know what we need to do. Clement Johnson (SD) Pickett Allard Frisa Myers So I suggest, Mr. Speaker, that we Clyburn Johnson, E. B. Poshard Archer Funderburk Myrick Coleman Johnston Rahall defeat this rule and force the Congress Armey Furse Nethercutt Collins (IL) Kanjorski Rangel and the President to revisit this issue Bachus Gallegly Neumann Collins (MI) Kaptur Reed Baker (CA) Ganske Ney next year and then produce the kind of Conyers Kennedy (MA) Richardson Baker (LA) Gekas Norwood immigration reform legislation that Costello Kennedy (RI) Rivers Ballenger Gilchrest Nussle Coyne Kennelly Roybal-Allard the American people want and that Barr Gillmor Orton Cummings Kildee Rush this country so badly needs. Barrett (NE) Gilman Oxley Danner Kleczka Sabo Bartlett Goodlatte Packard Mr. DREIER. Mr. Speaker, I yield de la Garza Klink Sanders Bass Goodling Parker myself the balance of my time to sim- DeFazio LaFalce Sawyer Bateman Gordon Paxon DeLauro Lantos Schroeder ply say that this may be the last rule Bentsen Goss Payne (VA) Dellums Levin Schumer that will be managed by my very good Bereuter Graham Peterson (MN) Deutsch Lewis (GA) Scott Bevill Greene (UT) Petri friend from California and to join in Dicks Lipinski Serrano Bilbray Greenwood Pombo Dingell Lofgren Skaggs letting my colleagues know that he Bilirakis Gunderson Porter Dixon Lowey Slaughter will be, by me, sorely missed. He has Bliley Gutknecht Portman Doggett Luther Spratt been a great friend and, I do appreciate Blute Hall (TX) Pryce Dooley Maloney Stark Boehlert Hamilton Quillen the advice and counsel that he has Durbin Manton Stokes Boehner Hancock Quinn Edwards Markey Studds given me over the years. Bonilla Hansen Radanovich Engel Martinez Stupak Let me say on this particular meas- Bono Harman Ramstad Evans Matsui Tanner ure, Mr. Speaker, that as we look at Boucher Hastert Regula Farr McCarthy Taylor (MS) Browder Hastings (WA) Riggs this issue, it has been a long time in Fattah McDermott Tejeda Brownback Hayes Roberts Fazio McHale Thompson coming. Getting to this point has been Bryant (TN) Hayworth Roemer Fields (LA) McKinney Thornton a struggle, and I should say to my Bunn Hefley Rogers Filner McNulty Thurman Bunning Herger Ros-Lehtinen friends on the other side of the aisle Flake Meehan Torres Burr Hilleary Roth that I can certainly relate to the level Foglietta Meek Towns Burton Hobson Roukema Ford Menendez Velazquez of frustration that those in the minor- Buyer Hoekstra Royce Frank (MA) Millender- Vento ity have felt, because having gone Callahan Hoke Salmon Frost McDonald Visclosky Calvert Holden Sanford through four decades of serving in the Gejdenson Miller (CA) Volkmer Camp Horn Saxton majority, they find that they are not Gephardt Minge Ward Campbell Hostettler Scarborough Geren Mink Waters able to have quite the control that Canady Houghton Schaefer Gonzalez Moakley Watt (NC) they did as now members of the minor- Cardin Hunter Schiff Green (TX) Mollohan Waxman Castle Hutchinson Seastrand ity. Gutierrez Murtha Wise Chabot Hyde Sensenbrenner But I believe that, as was the case Hall (OH) Nadler Woolsey Chambliss Inglis Shadegg Hastings (FL) Neal Wynn when this bill first emerged from the Chenoweth Istook Shaw Hefner Oberstar Yates committee, that it will in the end Christensen Johnson (CT) Shays Hilliard Obey enjoy tremendous bipartisan support. Chrysler Johnson, Sam Shuster Clinger Jones Sisisky NOT VOTING—14 The measure earlier this year had a Coble Kasich Skeen tremendous number of votes. As I re- Coburn Kelly Skelton Barton Mascara Rose Collins (GA) Kim Smith (MI) Diaz-Balart Moran Williams call, there were only 80 some odd votes Gibbons Peterson (FL) Wilson against the bill itself and 330 votes in Combest King Smith (NJ) Condit Kingston Smith (TX) Heineman Pomeroy Young (FL) support of it, and so the vote may not Cooley Klug Smith (WA) Lincoln Rohrabacher be identical to the earlier one, but I do Cox Knollenberg Solomon b 1327 believe that there will be Democrats Cramer Kolbe Souder Crane LaHood Spence Mrs. CLAYTON and Messrs. and Republicans alike recognizing that Crapo Largent Stearns DEUTSCH, TORRES, LEWIS of Geor- this Congress has done more than past Cremeans Latham Stenholm gia, and LUTHER changed their vote Cubin LaTourette Stockman Congresses to deal with this problem of from ‘‘yea’’ to ‘‘nay.’’ illegal immigration. Cunningham Laughlin Stump Davis Lazio Talent Mrs. JOHNSON of Connecticut, Ms. The American people have asked us Deal Leach Tate FURSE, and Mr. ARMEY changed their to do it, and the 104th Congress has DeLay Lewis (CA) Tauzin vote from ‘‘nay’’ to ‘‘yea.’’ been result-oriented as we go through Dickey Lewis (KY) Taylor (NC) So the resolution was agreed to. the litany of items from telecommuni- Doolittle Lightfoot Thomas Dornan Linder Thornberry The result of the vote was announced cations reform, welfare reform, line- Doyle Livingston Tiahrt as above recorded. item veto, unfunded mandates. We Dreier LoBiondo Torkildsen A motion to reconsider was laid on have provided tremendous results, and Duncan Longley Torricelli the table. this immigration bill is further evi- Dunn Lucas Traficant Ehlers Manzullo Upton b 1330 dence of that. Ehrlich Martini Vucanovich Mr. Speaker, I yield back the balance English McCollum Walker Mr. SMITH of Texas. Mr. Speaker, of my time, and I move the previous Ensign McCrery Walsh pursuant to House Resolution 528, I Eshoo McDade Wamp call up the conference report on the question on the resolution. Everett McHugh Watts (OK) The previous question was ordered. Ewing McInnis Weldon (FL) bill (H.R. 2202) to amend the Immigra- The SPEAKER pro tempore. The Fawell McIntosh Weldon (PA) tion and Nationality Act to improve question is on the resolution. Fields (TX) McKeon Weller deterrence of illegal immigration to The question was taken; and the Flanagan Metcalf White the United States by increasing Border Foley Meyers Whitfield Speaker pro tempore announced that Forbes Mica Wicker Patrol and investigative personnel, by the ayes appeared to have it. Fowler Miller (FL) Wolf increasing penalties for alien smug- Mr. BEILENSON. Mr. Speaker, I ob- Fox Molinari Young (AK) gling and for document fraud, by re- ject to the vote on the ground that a Franks (CT) Montgomery Zeliff forming exclusion and deportation law Franks (NJ) Moorhead Zimmer quorum is not present and make the Frelinghuysen Morella and procedures, by improving the ver- point of order that a quorum is not ification system for eligibility for em- present. NAYS—165 ployment, and through other measures, The SPEAKER pro tempore. Evi- Abercrombie Barcia Bishop to reform the legal immigration sys- Ackerman Barrett (WI) Blumenauer tem and facilitate legal entries into dently a quorum is not present. Andrews Becerra Bonior The Sergeant at Arms will notify ab- Baesler Beilenson Borski the United States, and for other pur- sent Members. Baldacci Berman Brewster poses. H11080 CONGRESSIONAL RECORD — HOUSE September 25, 1996 The Clerk read the title of the bill. United States on a promise that they This is yet another Republican at- The SPEAKER pro tempore. (Mr. will not use public benefits. Yet every tack on the environment. If it pleases RIGGS). Pursuant to House Resolution year the number of noncitizens apply- my colleagues on the Democratic side, 528, the conference report is considered ing for certain welfare programs in- I will offer a motion to recommit the as having been read. creases an astonishing 50 percent. conference report to correct these glar- (For conference report and state- America should continue to welcome ing wrongs. ment, see proceedings of the House of those who want to work and produce The next matter that my colleagues Tuesday September 24, 1996, at page and contribute, but we should discour- should carefully consider is the part H10841.) age those who come to live off the tax- that deals with the American workers. The SPEAKER pro tempore. The gen- payer. America should keep out the What we are doing here is giving us a tleman from Texas [Mr. SMITH] and the welcome mat but not become a door- conference report, and the lack of pro- gentleman from Michigan [Mr. CON- mat. cedure has been amply dealt with, but YERS] each will control 30 minutes. This legislation also ensures that what we are doing now is that we are The Chair recognizes the gentleman those who sponsor immigrants will being told to take it or leave it. I think from Texas [Mr. SMITH]. have sufficient means to support them. that this amendment process, which we Mr. SMITH of Texas. Mr. Speaker, I Just as we require deadbeat dads to were completely shut out of, deserves a yield myself such time as I may provide for the children they bring into no vote on the conference, regardless of consume. the world, we should require deadbeat anything Members may like about it. Mr. Speaker, this conference report sponsors to provide for the immigrants It was the Republicans, I say to gives Congress the best opportunity in they bring into the country. By requir- Chairman HYDE, that railed and railed decades to address the illegal immigra- ing sponsors to demonstrate the means about how unfair we were. It was the tion crisis. Every 3 years, enough ille- to fulfill their financial obligations, we Speaker of the House, NEWT GINGRICH, gal aliens enter the country perma- make sure that taxpayers are not that has railroaded every conference nently to populate a city the size of stuck with the bill, now $26 billion a bill for the last year. We do not even Boston or Dallas or San Francisco. year in benefits to noncitizens. come to conference and have a right to Classrooms bulge; welfare jumps; the The provisions in this conference re- offer an amendment. The process alone crime rate soars. Innocent victims pay port are not new. These are the same deserves every Member of this House to the price, and law-abiding taxpayers reforms that passed the House on a bi- reject this conference report on due foot the bill. partisan vote of 333 to 87, and in the process procedural grounds. This bill secures America’s borders, Senate on a bipartisan vote of 97 to 3. And then what about the discrimina- penalizes alien smugglers, expedites And these are the same reforms that tory aspects of this bill? Not only do the removal of criminal and illegal President Clinton has urged Congress we weaken illegal immigration but we aliens, prevents illegal aliens from tak- to pass and send to his desk. say yes to more discrimination, be- This bill will benefit American fami- ing American jobs, and ends nonciti- cause we now have onerous material lies, workers, employers, and taxpayers zens’ abuse of the welfare system. that was not even in the bad bill I op- across the Nation, but especially in By doubling the number of Border posed in committee and on the floor. California, Texas, Florida, and other Patrol agents and securing our borders, We now have included unilaterally States that face the illegal immigra- we will protect our communities from provisions that tell employers that the burdens imposed by illegal immi- tion crisis on a daily basis. Mr. Speaker, America is not just a they may engage in practices of racial gration: crime, drug trafficking, and discrimination so long as it cannot be increased demands on local police and nation of immigrants. It is a nation of immigrants committed to personal re- proved that they had intent to violate social services. The benefits of securing sponsibility and the rule of law. It is the law. Coming out of the Committee our borders will be felt not only in bor- time for Congress to stand with the on the Judiciary, I think it is a very der States but throughout the entire American people and approve this con- sad day for any legislation to come out Nation. ference report. doing this to the most sensitive prob- If we cannot control who enters our Mr. Speaker, I reserve the balance of lem in our society. country, such as illegal aliens, we can- my time. Vote ‘‘no’’ on the conference report. not control what enters our country, Mr. CONYERS. Mr. Speaker, I yield Mr. SMITH of Texas. Mr. Speaker, I such as illegal drugs. To control who myself 4 minutes. yield myself 15 seconds and say that enters, this bill increases criminal pen- (Mr. CONYERS asked and was given the last provision that the gentleman alties for alien smuggling and docu- permission to revise and extend his re- from Michigan referred to was in the ment fraud. The Nation cannot allow marks.) Senate bill which passed by 97 to 3. alien smuggling to continue, especially Mr. CONYERS. Mr. Speaker, we are Mr. Speaker, I yield 1 minute to the since many alien smugglers are also dealing with a bill that is so flawed, we gentleman from Illinois [Mr. HYDE], kingpins in the illegal drug trade. will need a lot of speakers to make it the distinguished chairman of the Com- Illegal aliens should be removed from clear why Members should not support mittee on the Judiciary. the United States immediately and ef- the immigration conference report (Mr. HYDE asked and was given per- fectively. Illegal aliens take jobs, pub- that is now before them. mission to revise and extend his re- lic benefits, and engage in criminal ac- What we do to the environment is a marks.) tivity. In fact, one-quarter of all Fed- crime. The National Environmental Mr. HYDE. Mr. Speaker, I listened to eral prisoners are illegal aliens. This Protection Act is the Nation’s founding the last gentleman in the well and I am bill will lower the crime rate, lower the charter for environmental protection, a little bewildered because we marked cost of imprisoning illegal aliens, and and this bill repeals that law, in effect, this bill up, it took us 9 days, and we make our communities safer places to when it comes to border-related con- dealt with 103 amendments, 39 of which live. struction. That means when we are were decided by rollcall vote. The bill, This legislation also relieves employ- working on highways, roads, bridges, when we finally got it to the floor, ers of a high level of uncertainty they fences, that it is OK to ignore the envi- passed 333 to 87 in the House and 97 to face by streamlining the hiring proc- ronment. Do my colleagues really 3 in the Senate. Prior to introducing ess. It makes the job application proc- mean that? the bill, the House Immigration Sub- ess easier for our citizens and legal This conference report means that committee heard from more than 100 residents by establishing voluntary border construction can pollute our witnesses and the Democrats were employment quick-check pilot pro- public waterways anyway, dirty our present and participated fully. So the grams in 5 States. The quick-check air, create hazardous point sources gentleman, I think, is mistaken. system will give employers the cer- that can create dangerous runoffs, and In any event, this is among the most tainty and stability of a legal work generally ignore any adverse environ- important pieces of legislation this force. mental impact of that construction. Do Congress will handle. A country has to Since the beginning of this century, my colleagues really want that in a control its borders. A country has the immigrants have been admitted to the conference report? right to define itself. I think this is a September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11081 good bill. It cannot please everybody, sterilization or for resisting a coercive popu- that hire illegal aliens and include but it pleases a lot of people and I lation control program in other ways. A related tough measures to stop illegal aliens think it ought to pass. well-founded fear clearly must qualify as a from coming into the country and tak- I am pleased to speak in support of the con- well-founded fear of persecution for purposes ing jobs. ference report on H.R. 2202, because I be- of the refugee definition. But somewhere along the way, in the lieve it will facilitate major progress in address- Our modification of the refugee definition re- back rooms, the stuff that was tough ing one of our Nation's most urgent prob- sponds to the moral imperative of aiding vic- on the folks that bring illegal aliens lemsÐillegal immigration. In reconciling House tims and potential victims of flagrant mistreat- here, and that is to say, the employers and Senate versions of this landmark legisla- ment. We also take a public stand against that attract them here with a promise tion, we provide for substantially enhanced forcible interference with reproductive rights of jobs, somehow it disappeared, and in border and interior enforcement, greater deter- and forcible termination of lifeÐa stand that its place was put a list, a wish list of- rents to immigration related crimes, more ef- hopefully will help to discourage such inhu- fered up by lobbyists for the biggest fective mechanisms for denying employment mane practices abroad. employers of these illegal aliens in the to illegal aliens, and more expeditious removal This omnibus legislation includes a number country. of persons not legally present in the United of miscellaneous provisions that are respon- The bill that passed the House com- States. sive to a range of problems. For example, cer- mittee included 150 wage and hour in- The most difficult matter for the conferees to tain Polish applicants for the 1995 diversity im- spectors that were asked for by the resolve concerned public education benefits migrant program reasonably anticipated being Jordan Commission. The Senate bill for illegal aliens. Because public education is able to adjust to permanent resident status; by included 350. Why? Because people that a major State function, the House had recog- facilitating their adjustment in fiscal year 1997 hire illegal aliens also violate the wage nized the interests of each individual State in we effectively rectify a bureaucratic error. We and hour laws. Why? Because half of issues involving public school attendance at also recognize the equities of certain nationals the jobs in this country that are lost to State taxpayer expense. of Poland and Hungary who were paroled into illegal aliens are lost to illegal aliens In that connection, we appreciated the fact the United States years agoÐand thus en- that did not get here by sneaking that concerns about the welfare of unsuper- tered our country legallyÐby affording them across the border. They are the ones vised children and adolescents might lead an opportunity to adjust to permanent resident that got here with a visa, but then they many States to continue providing free public status. I welcomed the opportunity to seek ap- did not go home, they overstayed the education to undocumented aliensÐand we propriate conference action in these compel- visa. You can put a million Border Pa- did nothing to discourage such choices at the ling situations. trol agents at the border, but you are State level. The compromise House and Sen- This omnibus immigration legislation makes not going to find that one-half of the ate conferees initially developed, both gave major needed changes in the Immigration and problem. The only way you are going expression to the right of a State to choose a Nationality Act. The primary thrust of the con- to find it is with wage and hour inspec- different course and extended important transi- ference document is to respond in a measured tors. Those are gone from the bill. tional protections to current students. Because and comprehensive fashion to a multifaceted Why? Because some lobbyist for an em- of an explicit veto threat from the President, breakdown in immigration law enforcement. I ployer somewhere wanted it done. The bill eliminates the increased however, we subsequently decided that it urge my colleagues to support it. civil penalties for employers to tell would be preferable to address this entire Mr. CONYERS. Mr. Speaker, I yield them we are not going to put up any issue in the context of other legislation rather such time as he may consume to the more with chronic violators of the laws than place at risk the many needed enforce- gentleman from Texas [Mr. BRYANT] that say you cannot hire people that ment-related provisions of this bill. who is completing his 14th year. He has are not citizens or are not here legally. The conferees also struggled with the issue served with great distinction in the Those enhanced civil penalties are of how to fairly and expeditiously adjudicate Congress on a variety of committees, gone. Why? Because the American peo- asylum claims of persons arriving without doc- including the House Committee on the ple wanted them gone? Because the uments or fraudulent documents. We recog- Judiciary. Jordan Commission said that they nized that layering of prolonged administrative Mr. BRYANT of Texas. I thank my ought to be gone? Of course not. Be- and judicial consideration can overwhelm the good friend from Michigan for yielding cause a lobbyist for an employer that immigration adjudicatory process, serve as a me this time and for those nice re- hires illegal aliens came down here and magnet to illegal entry, and encourage abuse marks. Mr. Speaker, the gentleman from Il- said, ‘‘Mr. GINGRICH, you Republicans of the asylum process. At the same time, we do your job and get us off the hook.’’ linois [Mr. HYDE] and the gentleman recommended major safeguards against re- And that is exactly what they did. turning persons who meet the refugee defini- from Texas [Mr. SMITH] have spoken of tion to conditions of persecution. a bill that passed by wide margins. In- b 1345 Specially trained asylum officers will screen deed it did. But it is not the bill before They also added into the bill gratu- cases to determine whether aliens have a the House today, and that is the whole itous language that eliminates the ``credible fear of persecution''Ðand thus qual- point that we are making. It was anti-discrimination provisions in the ify for more elaborate procedures. The credi- changed radically before it even got to current law. Not in the bill, but in the ble fear standard is redrafted in the con- the floor by the leadership. It has been current law. We passed a bill in 1986. ference document to address fully concerns changed radically since, and that is Many Hispanics said this is going to re- that the ``more probable than not'' language in why we say to Members today, vote for sult in inadvertent discrimination the original House version was too restrictive. the motion to recommit but do not against Americans who are of Hispanic In addition, the conferees provided for po- vote for this bill. descent because they are going to be tential immigration judge review of adverse Members of the House, I was a co- confused with somebody who is here il- credible fear determinations by asylum offi- sponsor of this legislation. I stood in a legally. cers. This is a major change providing the press conference alongside the gen- The GAO, after the bill was passed, safeguard of an important role for a quasi-judi- tleman from Texas [Mr. SMITH] and did a study and found that they were cial official outside the Immigration and Natu- said we have got to do something to re- right, so we included in the law strong ralization Service. duce legal immigration and to reduce prohibitions on discriminating against The conference document includes a House illegal immigration. With a great deal people in the course of asking for a job provision I offered in the Committee on the Ju- of criticism from many people on my by asking them for too many papers or diciary to protect victims of coercive population side, I said we had to pass a bill, and I giving them a hard time when they control practices. Our lawÐwhich appro- was for the bill we introduced. But that come to the workplace. The law says priately recognizes persecution claims in a is not the bill that is before the House you can ask for one of several papers, number of contextsÐmust not turn a blind eye today. and that is all you can do. to egregious violations of human rights that We put together a bill that was to But now the Republican provision occur when individuals are forced to terminate have reflected what the Barbara Jor- says it does not make any difference if the life of an unborn child, submit to involun- dan Commission recommended to us you ask them for all the papers in the tary sterilization, or experience persecution for was to have been a bipartisan bill. It world. If you cannot prove you in- failing or refusing to undergo an abortion or was going to be tough on employers tended to discriminate against them, H11082 CONGRESSIONAL RECORD — HOUSE September 25, 1996 you are not guilty of discrimination. American politics at its absolute The one I am talking about has to do That is a fundamental violation of the worse. We have a very important issue, with people who are HIV positive. This compact that we made between the illegal immigration. bill says if you are a legal immigrant, groups in this country that make up I worked for a very long time in a bi- you came here legally, and there has our population, so that no one would be partisan way with departing Senator been some economic misfortune and disadvantaged by the enforcement of a AL SIMPSON, whose departure I regret you get very sick, you cannot take fed- bill and law that is difficult to enforce. now even more than before, and others, erally-funded medical care for more Well, it is gone. in 1986 and in 1990 to fashion legislation than a year. That in and of itself seems The simple fact is this: What the em- in a bipartisan way to deal with this to me to be cruel and unfair. ployers that hire illegal immigrants problem. Bipartisan, because this is But then they say, well, in the inter- wanted got done in this bill, and what not and ought not be an ideological est of public health, we do not want working Americans who need to have issue. Some issues are legitimately epidemics around, we will make an ex- their jobs protected, from being lost to partisan. ception for communicable diseases. illegal aliens, was not done. Worse, I was sorry to here hear the chairman That was in the bill as it came out. those that are the subject of discrimi- of the Committee on the Judiciary de- Then, in the mysterious darkness nation, inadvertent or advertent, now fend the shabbiest legislative proce- that they use instead of a conference have lost their protection. dure I have ever seen here. Yes, we had report, they gave an exception to the Mr. Speaker, this is not a good bill. I full markups; yes, we had full debates. exception. What is the exception to the can see the handwriting on the bill. I And then once we did, this bill dis- exception? If you are here legally and know it is an election year. Anti-immi- appeared into a series of secret meet- you are HIV positive, you may not get gration rhetoric is real good in an elec- ings between the Republican House and any treatment if you need Federal tion year, and I am sure we are prob- Senate staffs, it seemed to me, with funds. If you are here legally and you ably going to see a lot of folks coming some input from the Members, and the contracted this terrible illness, which down here thinking well, I should not Dole campaign, and virtually all of the they profess to think is something we vote for this, but I am probably going things on which we seriously worked in ought to fight, then you are, by this to have to. You do not have to. Vote committee disappeared, and others ap- bill, condemned to death, with no help, for the motion to recommit. We fix all peared. because you cannot get Federal assist- of these problems and a few I do not Now, this is a popular issue, getting ance. have time to mention. Vote for the mo- rid of illegal immigrants to the extent I guess when they tote up the death tion to recommit. Vote against the that we can, as it ought to be. Unfortu- penalties that they want to take credit bill. nately, this is a bill which does not do for, they ought to add one: Legal immi- Mr. SMITH of Texas. Mr. Speaker, I nearly as much as it could to diminish grants here with HIV illness. yield 1 minute to the gentlewoman illegal immigration, and, instead, as They created an exception for com- from California [Mrs. SEASTRAND], who the gentleman from Texas noted, municable diseases, but then they cre- has been such a fighter in our effort to makes it a little easier than it used to ated an exception to the exception, so reduce illegal immigration. be for people to take advantage of that if you are here legally and you get Mrs. SEASTRAND. Mr. Speaker, I HIV, no matter how, and, by the way, rise in very strong support of the con- them once they are here. This is a bill that says gee, it would we have changed the law, I did not ference report to H.R. 2202. It has com- be nice if there were not so many ille- agree with it, but this is the law, no pletely rewritten the laws regarding gal immigrants, but as long as they are one is now challenging it, so if you are the apprehension and removal of illegal here, maybe we can get a little cheap known to be HIV positive and we test aliens and will fully fund initiatives to double the size of our Border Patrol work out of them. That is the general you, you cannot come in. So we are not and increase the level of immigration thrust. talking about becoming a magnet for But then it does other things. I want enforcement in the interior of these people who are HIV positive to come to talk about one thing that appeared United States. It will implement a here. There is already a limit on that. that was in neither bill. strategy of both prevention and deter- What we are talking about are people At the Republican Convention we had rence at our Nation’s land borders. who are here and become HIV positive, This legislation will require aliens speakers who talked about AIDS and or who are here and become HIV posi- who arrive at our airports with fraudu- how terrible it is. When the Republican tive when they got here, and they are lent documents to be returned without leadership amended the military bill to denied medical treatment for more delay to their point of departure, mak- say that if you are HIV positive you than 12 months, which, of course, if you ing it far more difficult for aliens to would be forced out, that was recog- are HIV positive, is the medical treat- enter the United States, either across nized to be a mistake and it was re- ment you need. our land borders or through our air- pealed. But here they go again. What is the reason for that? What is ports. It will also aggressively attack What they have done is to take the that doing in a bill to deal with illegal immigration-related crimes. It is going issue of illegal immigration, a popular immigration? I am talking about ille- to increase penalties for alien smug- issue, and use it as a shield behind gal immigrants. They can be deported gling and document fraud and expand which to do ugly things to vulnerable if they take advantage of this medical the enforcement capacity against such people. The gentleman from Texas care. I do not think it is a good idea to crimes. It will also make it easier for pointed out the extent to which they deny medical care to people in need employers to be certain that they are are weakening the civil rights protec- elsewhere. hiring legal workers by providing a tion. Here is another thing they do. It But this? We said ‘‘Gee, we made a toll-free worker verification number was not in either bill. It has not been mistake. We should not kick people that employers may call to verify the voted on, and in the most extraor- who are HIV positive out of the mili- eligibility of employees to work legally dinary arrogance ever seen, we were tary.’’ Should we kick them out of ex- in the United States. not allowed to offer an amendment on istence? Because that is what you do I will just tell you, America, and es- this or any other thing in the con- when you say to people who are here pecially California, needs immigration ference. Because I will give my Repub- and do not have a lot of money and who reform, and we need it now. lican leadership friends credit, they are HIV positive, that you cannot get Mr. CONYERS. Mr. Speaker, I am know how embarrassing this is, and any medical treatment beyond 12 pleased to yield 5 minutes to the gen- therefore they are determined not to months. tleman from Massachusetts [Mr. let anyone vote on it, so they did it in I take it back. When they are about FRANK], the senior member of the Com- a forum in which you could not vote. to die, then I guess they can get some. mittee on the Judiciary, who has They simply say, OK, we got a bill on This is an unworthy substantive and worked with great diligence on trying illegal immigration. By the way, they procedural piece of legislation, and it to reform the bill. are going to stick in a couple of these ought to be defeated. Mr. FRANK of Massachusetts. Mr. things, and you have no way to vote, Mr. SMITH of Texas. Mr. Speaker, I Speaker, we have here Congress and other than no on the whole bill. yield 1 minute to the gentleman from September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11083

Virginia [Mr. GOODLATTE], a member of tleman did not want to yield. The bill Mr. BERMAN. Mr. Speaker, I want to the Committee on the Judiciary. does not say that legal immigrants can join my other colleagues in indicating (Mr. GOODLATTE asked and was get AIDS treatment and illegal cannot. how sorely I will miss my friend from given permission to revise and extend It gives disabilities to both of them for Texas, who is really a great Member of his remarks.) getting it with Federal funds. Anybody Congress, and I am sorry he will be Mr. GOODLATTE. Mr. Speaker, I rise who can pay for it on their own the bill leaving this body. in strong support of this legislation, does not affect. The bill says with re- The people of my congressional dis- and I commend the gentleman from gard to legal and illegal immigrants, trict and of southern California, and Texas for his outstanding work, in they cannot get it with Federal funds. probably the entire country, des- working so hard to put together a bill The distinction between legal and ille- perately want us to do something effec- that has had very, very difficult times gal does not exist in the bill. The de- tive to stop illegal immigration. It is getting different pieces of legislation gree of penalty may be different. In wrong to conclude that the people who included. both cases the bill says if you are here voted for Proposition 187 are racist or I agree with some of the Members on legally or illegally and you have HIV, xenophobes. They are people who are the other side that I would like to see you cannot be treated with Federal looking at what has happened: The em- legal immigration reforms. I would funds. That includes legal immigrants. ployer sanctions did not work, the like to see an employer verification Mr. SMITH of Texas. Mr. Speaker, I other strategies did not work, the re- system that really will help employers yield myself 15 seconds to say what the fusal or earlier administrations to fund screen out fraudulent documents. But bill says, and that is it does not deny the Border Patrol and the Congress to it is time for us to do and see the good AIDS treatment to legal immigrants. appropriate the money left the border things that are in this bill. It simply says the immigrant’s spon- essentially unprotected. They want So I strongly disagree with those who sor, not the American taxpayer, should something done. did not get one piece of legislation into pay for the treatment. The problem with this bill is it cons this bill that they would like or dislike Mr. BRYANT of Texas. Mr. Speaker, the American people into thinking and are going to vote against the en- I yield 10 seconds to the gentleman major new steps are going to be done. This President is the first President tire bill, which they admit has dozens from Massachusetts. [Mr. FRANK]. to put the money where the mouth is. and dozens of positive, good illegal im- Mr. FRANK of Massachusetts. Mr. He has proposed, and the Committee on migration reforms dealing with crack- Speaker, it is a good sign that they are Appropriations, to its credit, has fund- ing down on illegal entry at our bor- uncomfortable when it is described ac- ed massive increases in Border Patrol. ders, dealing with illegal overstays in curately. It does not just say you go He has initiated through Executive the country, dealing with cutting off after the sponsor. If you are a legal im- order an expedited procedure for asy- access to government benefits for peo- migrant and you are treated, you can lum, which has reduced those frivolous ple who are not lawfully in this coun- be deported for it. It becomes a deport- asylum applications by 58 percent. We try. able offense to be a sick person who are depositing more criminal aliens Mr. Speaker, I urge the support for gets treated if you have AIDS. At least this legislation. and more illegal immigrants than we describe accurately the harm you are ever did before, and all the trend lines Mr. SMITH of Texas. Mr. Speaker, I inflicting on people. yield 1 minute to the gentleman from are up. Mr. SMITH of Texas. Mr. Speaker, I What the Jordan commission and Oklahoma [Mr. COBURN], one of the yield 1 minute to the gentleman from every single independent academic only two medical doctors in the House. California [Mr. DORNAN]. study of this issue says, without a ver- (Mr. COBURN asked and was given Mr. DORNAN. Mr. Speaker, let me ification system we will never make permission to revise and extend his re- take 10 seconds out of the beginning of employer sanctions meaningful. Noth- marks.) my short remarks here as a border ing else. Nothing else is serious if we Mr. COBURN. Mr. Speaker, I just State Congressman from California. do not do that and make a commit- want to answer a couple of questions One of the greatest selling jobs of all- ment to do that. about this in terms of HIV in regard to time was to take the behavioral con- Second, we know there are industries AIDS. This bill does not deny treat- duct ring out of the word AIDS. If we that systematically recruit and hire il- ment to legal immigrants that have were discussing this as what it is, a legal immigrants, and for reasons that AIDS. What it says is the government fatal venereal disease, and it had the I do not know, the gentleman from does not have a responsibility to pay ring of syphilis, which is no longer Texas [Mr. BRYANT] has a theory which for that treatment on non-U.S. citi- fatal, I do not think we would be going sounds plausible to me, this conference zens. I think if we poll the vast major- back and forth like this. We would say committee struck inspectors and inves- ity of the people in this country, I illegal immigrants cannot get treat- tigators to cover those industries. We think they would agree with this. ment for syphilis, and if they are legal should not be conned. The second thing is most Americans then their sponsor has to take care of Let me turn to what it does with in this country pay for their own it. legal immigrants. For the first time in health care, either through a health But because we have done this mag- American history, even when we had plan, insurance payment, or working. nificent PR on the only fatal venereal the moratoriums on immigration, a They pay for their health care. We disease in the country, we still go back U.S. citizen, and, remember, this bill have created a class in this country and forth as though AIDS is a badge of puts an income requirement on peti- that does not feel that it should pay for honor. It shows you are a swinger and tioning for spouses. An individual has its health care on a disease that at this you are part of the in crowd in this to make 140 percent. Fifty-three per- point in time the vast majority of country. Sad. cent of the unmarried American people which is a preventible disease. I cannot add anything to the bril- do not make 53 percent, do not make The third point that I would like to liance of the gentleman from Califor- 140 percent of the poverty standard. make is that this bill does deny AIDS nia [Mr. GALLEGLY] or the gentleman Mr. Speaker, 53 percent of the Amer- treatment to illegal immigrants, ille- from Texas or the people who have ican people do not make it. gal. Yes, it does. Illegal immigrants, worked out an excellent piece of legis- A graduate student woman in medi- those people who are here illegally. So lation. I just, for my 5 grown children cal school, who is not making that what we are saying with this bill is and my constituents, want to get up money, falls in love and marries a phy- that if you have a sponsor and you are and say: Illegal-legal. Illegal is sician in France. She cannot bring him here legally, that sponsor should cover lawbreaking; law breakers have no in because, even though he is affluent, for your cost of the AIDS treatment. rights in this country. has all the assets needed, there is no Mr. BRYANT of Texas. Mr. Speaker, indication in the world he will go on b I yield 30 seconds to the gentleman 1400 any government program, she cannot from Massachusetts [Mr. FRANK]. Mr. BRYANT of Texas. Mr. Speaker, bring him in. Mr. FRANK of Massachusetts. Mr. I yield 3 minutes to the gentleman This is the stupidest as well as the Speaker, I understand why the gen- from California [Mr. BERMAN]. meanest provision I can imagine. When H11084 CONGRESSIONAL RECORD — HOUSE September 25, 1996 we had moratoriums on immigration in For many years many of us in Cali- We will condemn babies to getting this country, we allowed U.S. citizens fornia, Texas, and other States that AIDS when it could have been pre- to bring in their spouses. Why would have been disproportionately impacted vented. That, to me, is antilife and we want to change that now? by illegal immigration have been walk- nonsensical, and this bill smacks of a I urge a ‘‘no’’ vote on a bill that is ing through the halls and through this lot of injustices that have not been soft on illegal immigration and harsh body ringing alarm bells. We have been thought through. and mean on legal immigrants. urging this Congress to wake up to the I want to point this out to Members Mr. SMITH of Texas. Mr. Speaker, I fact that our country is, in effect, as another reason to vote against a yield 1 minute to the gentleman from under a full-scale invasion by those very unjust bill. California [Mr. HUNTER], who has con- that have no legal right to be here yet Mr. SMITH of Texas. Mr. Speaker, I tributed so much to this bill. who come by the thousands every day yield 1 minute to the gentleman from Mr. HUNGER. Mr. Speaker, I thank and consume precious social benefits California [Mr. CUNNINGHAM]. the gentleman for yielding me this that are denied every day to legal resi- Mr. CUNNINGHAM. Mr. Speaker, time. dents who are truly entitled to those every substantive issue in the bill be- Mr. Speaker, for my friend who just benefits. fore us today has been voted on by the spoke, let me set the record straight. Today this is a different bell ringing House or the Senate. I would say to my When he claimed the Clinton adminis- in this Chamber, Mr. Speaker, and the colleagues on the other side that even tration has funded thousands and thou- bell is a bell of change. The passage of in welfare, many of them, no matter sands of Border Patrol agents, Repub- this conference report finally signals what we did, they would vote against lican amendments have added 1,700 the willingness of this Congress to seri- it, both for political reasons and issue Border Patrol agents over the last 3 ously address the issue of illegal immi- reasons. years above and beyond what the Clin- gration. In California over two-thirds of the ton administration requested. Presi- Mr. Speaker, we are a generous Na- children born in our hospitals are to il- dent Clinton cut 93 Border Patrol tion, by far the most generous Nation legal aliens. Members should take that agents in the fiscal year 1994 budget. on the face of the Earth. This legisla- into effect when they are talking about We added 600. The next year we came tion does not endanger or threaten helping the poor and American citizens with an additional 500, and the next that generosity but, in fact, it does and taking away funds from Medicaid. We have over 400,000 children K year with an additional 400 agents. nothing more than to preserve it. through 12. At $5,000 each to educate a The Clinton administration has been The simple fact is that the greatest child, that is over $2 billion. They dragged kicking and screaming to the potential threat to legal immigration should try to take that out of their border. They have opposed the border is illegal immigration. There are many State for education. fence every step of the way. who would see us close the front door to legal immigration because the back Some 70 percent of the environment My last point is, even after they op- is done at the State level. Members posed the additional Border Patrol door to illegal immigration is off the hinges. We simply cannot allow this to should think about $3 billion taken out agents, President Clinton then sent his of their States. They could not afford public relations people to San Diego to happen. I believe this conference report goes a long way toward ensuring that that. welcome the agents that he had op- This bill does not help all of those posed. If these people just linked arms, it never will happen. I urge its passage. Mr. BRYANT of Texas. Mr. Speaker, things. Prop 187, that the Gallegly all the Clinton public relations people, I yield 11⁄2 minutes to the gentleman amendment was in, passed by two- we would not need a Border Patrol be- from California [Mr. WAXMAN]. thirds in California. It has been taken cause they would stretch across the en- Mr. WAXMAN. Mr. Speaker, I thank out of this. tire State. the gentleman for yielding me this There are some things in here that I Mr. BRYANT of Texas. Mr. Speaker, time. I want to point out a couple of do not like as well, but I would ask my I yield 10 seconds to the gentleman important health consequences from colleagues on the other side to think from California [Mr. BERMAN]. this bill. about how they could afford it in their Mr. BERMAN. Mr. Speaker, I would In the welfare bill we excluded legal States, and I think it would be very say to my friend, the gentleman from aliens from health care but we left difficult. California knows that no President has those who are already patients to be Mr. SMITH of Texas. Mr. Speaker, I proposed more Border Patrol agents covered under Medicaid. They are now yield 1 minute to the gentleman from than this President. The Committee on excluded. California [Mr. MCKEON]. Appropriations, not the authorizing Second, we exclude any legal alien Mr. MCKEON. Mr. Speaker, I rise in committee, the Committee on Appro- from any Medicaid services whatso- strong support of this conference re- priations has funded those positions ever. That is going to put a burden on port and commend the gentleman from and more. He has signed those bills. We the counties and the States and on the Texas, Chairman SMITH, for his great are doing more now than we ever did hospitals and on people who pay for leadership in bringing this bill to the before. private insurance when that insurance floor. Mr. SMITH of Texas. Mr. Speaker, I goes up, because a lot of people are still As legislators we work on an endless yield 3 minutes to the gentleman from going to get care, but their care is number of issues, but today we are ad- California [Mr. GALLEGLY], the chair- going to have to be paid for by someone dressing one of our Nation’s most criti- man of the House task force on illegal else. cal, that of protecting our borders. immigration. On the AIDS issue, what we are doing H.R. 2202 not only secures our borders Mr. GALLEGLY. Mr. Speaker, I is really a disastrous policy. This bill with the addition of 5,000 new Border thank the chairman for yielding me provides that all people can be tested Patrol agents, it also streamlines the this time. but they cannot get care. Why would deportation of criminal aliens, protects Mr. Speaker, this is truly a humbling anybody want to come to know wheth- American jobs and holds individuals re- moment for me because this conference er they are HIV positive if they cannot sponsible to support immigrants that report is something that truly I won- then get any medical care to assist they sponsor, and, finally, eases the dered if we would ever see in this body. them? They will rather be ignorant tax burdens on all Americans. I came to Congress nearly a decade about it and spread the disease. It is no longer possible to ignore the ago, and since that time my over- For those of us who call ourselves magnitude of the illegal immigration whelming focus has been on two things: pro-life, understand that this bill problem. These reforms will go a long to stop the unchecked flow of illegal would allow a pregnant women to be way toward restoring reason, integrity, immigration in this country and to tested; but when she is determined to and fairness to our immigration policy find a way to convince those that are be HIV positive, she will not be allowed and to controlling our borders. already illegally in this country that it to have the Government pay for her Through the adoption of this con- is time to go home. This conference re- AZT to stop the transmission of HIV, ference report, the 104th Congress port goes a long way toward accom- which is successful under this treat- achieves another commonsense change plishing both of those objectives. ment to two-thirds of those children. for a better America. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11085 Mr. BRYANT of Texas. Mr. Speaker, Mr. GILMAN. Mr. Speaker, I support visa and passport fraud and related offenses I yield 2 minutes to the gentleman the passage of this important immigra- surrounding misuse or abuse of these key from New York [Mr. NADLER]. tion conference report. The American entry and travel documents. (Mr. NADLER asked and was given people want and expect the Federal Nine of the original indictable counts in the permission to revise and extend his re- Government to do its job of controlling World Trade Center terrorist bombing involved marks.) our borders. We have a strong obliga- visa or passport fraud. It was clear that those Mr. NADLER. Mr. Speaker, this bill, tion in protecting our citizens from il- responsible for that bombing misused our trav- which contains some valid provisions legal criminal aliens, who prey on el and entry documents to facilitate their dead- to enforce our immigration laws, has them with drugs, and other crime-re- ly terrorist blast. By this measure we have been poisoned with unconscionable pro- lated activity. made those who would make and help create visions that violate fundamental Amer- I am particularly proud to support fraudulent visas and passports to promote ter- ican values. this immigration bill which includes rorism and drug smuggling here at home, sub- The bill would deny treatment to some of my own initiatives directed at ject to even tougher penalties. people with AIDS but not to people these serious threats from criminal The potential loss of the printers, copiers, with syphilis. It would promote dis- aliens, engaged in both the illicit drug buildings, and large financial proceeds of this crimination in employment by remov- trade as well as international terror- massive illicit business in key U.S. travel and ing provisions of Federal law, of ism. entry documents, should help further deter ter- present law, designed to prevent that. The first provision provides clear au- rorism and other criminal activity, facilitated by The bill would not permit an Amer- thority to our National Guard units to these fraudulent travel documents. ican citizen, denied a job because the allow them to move criminal aliens Although this is a good bill, I am hopeful Federal Government made a computer facing deportation to INS deportation that the sponsors will review provisions in the mistake, from recovering damages. centers, when these aliens have en- conference report that would greatly expand This is outrageous and will result in gaged in drug related offenses. In the ``deeming'' for legal immigrants beyond the Americans being denied jobs and hav- past, many States did so effectively compromise agreed to in the recently enacted ing no recourse. with their National Guard units. My welfare bill, which combines the income of the The agreement will undermine Amer- provision restores that vital authority immigrant and the sponsor for Medicaid eligi- ican family values by curtailing the to our National Guard as part of its bility determination. Regrettably, the deeming ability of American citizens to sponsor counterdrug mission. provisions may adversely affect many States the entry of family members into the The National Guard can now help ex- with high immigrant populations, including community. pedite the deportation out of the U.S. New York, which are implementing welfare re- The bill exempts the Immigration on Guard air flights of large numbers form. The result may potentially cause a and Naturalization Service from our of these criminal aliens involved in the marked increase in the amount of uncompen- environmental laws, even though none deadly drug trafficking in our commu- sated care for area hospitals and increase the of these laws have ever hindered the nities after they serve their jail time, costs of the Ryan White treatment program. I enforcement of immigration laws. and before they can return to the have brought this issue to the attention of The bill will send genuine refugees streets, and once again in their trade Chairman SMITH and have asked him to con- back to their oppressors without hav- in drugs. I hope many Guard units will sider the contention that confusion is likely to ing their claims properly considered. If do so. result as the States implement the language of a person arrives at the border without The provision recognizes the limits the two bills and I thank him for that consider- proper documents, the officer at the on the INS’s inability to individually ation. border can send that person back with- transport numerous criminal aliens for Accordingly, Mr. Speaker, I am pleased to out a hearing. Guess who cannot get deportation, using INS personnel on support the conference report, and urge its proper papers? Refugees. A refugee can- commercial flights. We have provided adoption. not go to the Gestapo and KGB and one more effective tool in the war on Mr. SMITH of Texas. Mr. Speaker, I say: I am trying to escape your oppres- drugs, the use of our National Guard in yield 1 minute to the gentleman from sion, please give me the proper papers the deportation of criminal aliens in- California [Mr. ROHRABACHER]. so I can go to America. volved in drugs. Mr. ROHRABACHER. Mr. Speaker, I The bill eliminates judicial review Nearly one-fourth of our Nation’s jail rise in strong support of this con- for most INS actions. Just think, a cells in the United States, are occupied ference report. Today when this bill Federal bureaucracy with no judicial by criminal aliens, mostly those who passes, the American people will be accountability. When did the Repub- have engaged in drug related offenses. able to judge for themselves who is on licans become such spirited advocates We need more effective and creative their side and who is for draining dol- of unrestrained big government? No tools to handle this crisis. I hope that lars meant for our people, draining government agency should be allowed our State and local authorities and the those dollars away from American fam- to act, much less lock people up or INS takes advantage of this assistance ilies and taking them and giving them send them back to dictatorships, with- that the National Guard can provide. to foreigners who have come to this out being subject to court review. New York City Mayor Giuliani on country illegally. ‘‘Face the Nation’’ recently said it best b 1415 We have had to fight for years, first with regard to our Nation’s drug crisis, through a democratically controlled Should we ensure that our immigra- including criminal aliens, on what the Congress and now this administration tion laws are respected and enforced? Federal Government can best do to which has fought us and dragged us by Of course. Do we need to undercut pub- combat the serious drug problems fac- the feet every step of the way but we lic health efforts, destroy our environ- ing our cities and local communities: ment, debase our fundamental values, have finally got a bill to the floor. What the Federal Government could do is Giving illegal aliens benefits that violate the rights of American citizens to deport more of the illegal drug dealers and waste taxpayer dollars on foolish that we have in our city (sic) unfortunately, should be going to our own people is a or dangerous enterprises in order to en- very few deportations take place of the peo- betrayal of our people. People who are force our immigration? Of course not. ple who are actually selling drugs who are il- sick, they come to our borders. Yes, we This bill is not a credit to this coun- legal immigrants and that would be very care about them. I do not care if it is try. I hope Members stand up for Amer- helpful. AIDS or tuberculosis. But if someone is ican values and vote ‘‘no.’’ My provision helps do just that. Sen- sick and illegally in this country, they Mr. SMITH of Texas. Mr. Speaker, I ator Dole has wisely urged an even should be deported from this country yield 1 minute to the distinguished greater role for our excellent National to protect our own people instead of gentleman from New York [Mr. GIL- Guard already involved in the battle spending hundreds of thousands of dol- MAN], chairman of the Committee on against illicit drugs. Today we provide lars that should go for the health bene- International Relations. the first installment on Senator Dole’s fits of our own citizens. The question (Mr. GILMAN asked and was given wise call for additional Guard action. is, To whom do we owe our loyalty? permission to revise and extend his re- My other provision in the conference pro- Who do we care about? The American marks.) vides for criminal asset forfeiture penalties for people should come first. H11086 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Mr. SMITH of Texas. Mr. Speaker, I and never get kicked out. Instead we throw our young people who are taking yield 1 minute to the gentleman from have got a provision that I think is steps to gain an education and job California [Mr. BILBRAY] who actually very fair for summary and expedited skills and, yes, improve their English lives on the border and faces the crisis exclusion which, by the way, is already skills also. It means that this bill does of illegal immigration every day. law as a result of the antiterrorism bill not simply punish immigrants, it pun- Mr. BILBRAY. Mr. Speaker, I rise in earlier this year but which we are mak- ishes all Americans who benefit from strong support of this conference re- ing much more livable and a better contributions that immigrants make port. I would like to thank Chairman product today. to our Nation. Let us defeat this sad, SMITH and Chairman SIMPSON for the Also we have in here some efforts to cynical, and shortsighted legislation. leadership they have shown on this try to get document fraud under con- Mr. SMITH of Texas. Mr. Speaker, I bill. I would also like to commend Sen- trol. We lessen the number of docu- yield 1 minute to the gentleman from ator FEINSTEIN of California for her ments used in employer sanctions California [Mr. HORN]. commitment to make the conference where we attempt to cut off the mag- (Mr. HORN asked and was given per- report work and encourage the Presi- net of jobs by a 1986 provision that mission to revise and extend his re- dent to sign it into law. makes it illegal for an employer to marks.) I think that the public is sick and knowingly hire an illegal alien. There Mr. HORN. Mr. Speaker, legal immi- tired of seeing the partisan fighting on were far too many documents that gration, yes; illegal immigration, no. important issues such as this. Senator could be produced to get a job. Now we Californians and residents of other bor- FEINSTEIN had a major concern about have reduced that number to a man- der States have been fighting illegal one portion of the bill, part of the bill ageable number. immigration for years. It took the cur- I feel strongly about, and that is the What is left to be done is we need to rent Republican majority to take a se- issue of the mandate of the Federal find a way to get document fraud out rious look at this issue. Do not listen Government that we give free edu- of it. I think that some steps are taken to the charges of those who oppose this cation to illegal aliens while our citi- in this bill, not enough, and I have in- bill. It is not cruel to ask immigrants zen and legal resident children are troduced another separate piece of leg- and their sponsors to live up to their doing without. But, Mr. Speaker, this islation I hope passes the next Con- obligations. It is not heartless to try to Member, and I think the American peo- gress to make the Social Security card put some teeth in our immigration laws. It is a pretty sad day when you ple, are not willing to kill this bill be- much more tamper-proof than it is can jump a fence, have more rights in cause of a single provision. today. I think there are those who will find We also have some provisions in here this side of the border than when you excuses to try to kill this bill and try I think are important with regard to are coming through legally. We need to protect legal immigration. to find ways not to address an issue Cuba. We have allowed the Cuban Ad- Recently I held a hearing near the that has been ignored for over a dec- justment Act to continue to operate border. Our border in southern Califor- and with regard to the expedited exclu- ade. nia is still a sieve. They have simply We must not forget that California sion issue, we have made a special pro- moved the problem 40 miles east. They has been disproportionately hit with vision so that those Cubans who arrive refuse to indict those that are coming paying $400 million a year in emer- by air are going to be not subject to over with drugs. And generally it is gency health care, $500 million for in- that particular provision. chaotic still. What it means, we had We have also taken care of student carceration costs, and $2 billion in pro- gained more congressional seats but aid problems that were earlier in this viding education for illegal aliens in that will not be good for everybody bill, whereby if you are deemed to have our State. east of California, I am sure. So I the money value in your pocket of your Congress must still recognize that would hope we would have the help of these are federally mandated costs and sponsor, you no longer will be in the our colleagues throughout this Cham- it is up to the Federal Government to case of education, at least for student ber because this is a national problem, either put up or shut up in ending these aid purposes, excluded from those bene- not just a Southwest, Southeast prob- unfunded mandates. fits. lem. Thank you, Mr. Speaker, and I yield The bill is an excellent bill. I urge Mr. BRYANT of Texas. Mr. Speaker, back the balance of my time. my colleagues to adopt it and we need I yield 3 minutes to the gentleman Mr. SMITH of Texas. Mr. Speaker, I to send it down to the President and from New York [Mr. RICHARDSON]. yield 2 minutes to the gentleman from get it put into law. (Mr. RICHARDSON asked and was Florida [Mr. MCCOLLUM], chairman of Mr. BRYANT of Texas. Mr. Speaker, given permission to revise and extend the Subcommittee on Crime. I yield 1 minute to the gentleman from his remarks.) (Mr. MCCOLLUM asked and was Illinois [Mr. GUTIERREZ]. Mr. RICHARDSON. Mr. Speaker, I given permission to revise and extend Mr. GUTIERREZ. Mr. Speaker, for want to commend the chairman and his remarks.) generations immigrants have played a the ranking member. They worked Mr. MCCOLLUM. Mr. Speaker, I rise vital role in our economy, but today very hard with this bill. There are still in support of this bill today. It is a immigrants play the role of villain in some problems. The common percep- very, very fine product. H.R. 2202 is a the Republican’s morality play. By ex- tion is that once you get the Gallegly much needed boost to our efforts ploiting a false image of millions of il- amendment out, the bill is OK. The against illegal immigration. legal immigrants crossing the border problems are still there and more work Included in the bill are 5,000 new bor- into the United States, NEWT GINGRICH is needed on this bill. der patrol agents, more INS agents to and his Republican allies have crossed The Endangered Species Act, nobody track alien smugglers and visa over- the border from decency to indecency. has talked about it today, but it is part stayers, more detention space for ille- After all, under this bill the simple of this package. In other words, the En- gal aliens, and the list goes on and on. idea of uniting with your closest fam- vironmental Policy Act and the Endan- I am most pleased that many of the ily members will become a luxury that gered Species Act are waived if we are asylum reform provisions that we have only the wealthiest will be able to af- talking about construction of roads needed for years and I worked on with ford. The Republicans say they want to and barriers at the border. That is not the gentleman from Texas for years are get tough on crime, so how do they do right. now in this bill. We have very generous that? Under this bill legal immigrants Mr. Speaker, this bill also rolls back asylum laws but now we are going to are deportable for the crime of wanting three decades of civil rights policy by have provisions that make it a lot to improve their education to adding establishing an intent standard. It ex- more difficult for somebody to come something to this country. That is acerbates the results and the effects of here and claim that they have a fear of right, under this bill if you are a legal the welfare reform law but now it persecution if they are sent back home immigrant and you use public benefits, seems that we are castigating legal im- to their native country, when they including a student loan for more than migrants. really do not, and be able to overstay a year, you are shown the door. What This bill includes back-door cuts in and stay and get lost in our country does that accomplish? It means that we legal immigration by establishing a September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11087 new income standard. It guts the b 1430 of their own party. They certainly are American tradition we have always had But I want to remind them that they entitled to try to kill this bill or block to refugees by including summary ex- have already lost that argument twice. the bill or defeat the bill, but we have clusion provisions that are going to re- That provision was taken out on the every right, those of in the majority, quire instant return of any refugee. House floor by amendment, and then to try to pass this legislation. Perhaps, most importantly, what subsequent to that we passed the House The reason I say that they do not this bill does is it is tougher on legal bill without those inspectors in it. even represent a majority of their own immigrants and American workers That means two times it has come be- party is simply because every major than on illegal immigration. It makes fore this body and two times the Mem- provision in this conference report, life harder for American workers and bers have spoken. which is itself a compromise, is the re- easier for American businesses. Elimi- The point is that we have already de- sult of either the House passage of the nated are provisions in the bill to in- bated that, we have already voted. bill which passed by 333 to 87, or the crease the number of inspectors for the The other thing about the inspectors Senate immigration bill which passed Department of Labor to enforce worker that seems to be conveniently over- by a vote of 97 to 3. protections, the Barney Frank amend- looked is that in this bill we have So there is wide and deep bipartisan ments that allowed us in the past to added an additional 900 inspectors, 300 support for the provisions in this bill, vote for this bill. This bill also strips each year for 3 years, and these are INS and I expect to see that bipartisan sup- authority from the courts with provi- inspectors. It makes far more sense to port continue when the bill comes on a sions that will eliminate the power of have Immigration and Naturalization conference report. the courts to hold the INS accountable Service inspectors enforcing immigra- Mr. Speaker, I reserve the balance of and eliminate protections against error tion laws than the Department of my time. and abuse. Labor. Mr. BRYANT of Texas. Mr. Speaker, I want to return to the Barney Frank And, Mr. Speaker, I also want to I yield myself such time as I may provisions that allowed many civil lib- itemize some of the provisions that are consume, only to say that I once again ertarians, those concerned with civil in this bill that might have been over- take issue with this characterization of rights, when we passed very tough em- looked. the bill. This is not the bill that the ployer sanctions in the old immigra- We have heard tonight by Members House voted on; it is not the bill the tion bill, to support this bill because on both sides of the aisle that this bill Senate voted on. It is a bill that the we knew there would be recourse if doubles the number of Border Patrol Republicans spent 4 months behind there was discrimination. All of these agents over the next 5 years. That is closed doors cooking up so it would inspectors, all of these that enforce the largest increase in our history. serve their electioneering and political civil rights provisions are eliminated It also streamlines the current sys- interests this year. from this bill. That is a key component tem of removing illegal aliens from the The fact of the matter is that this that is going to hurt American work- United States to make it both quick bill now does not have wage and hour ers. and efficient. inspectors in it which are necessary, it This bill eliminates also longstand- It increases penalties for alien smug- ing discretionary relief from deporta- does not have the subpoena authority gling and document fraud. for the Labor Department which is nec- tion that will say to American family It establishes a three-tier fence along essary, it does not have the require- members of immigrants being deported the San Diego border, which is the area ment that employers participate in the that you get no second chance. I know with the highest number of illegal bor- verification project. In other words, there are enormous pressures for deal- der crossings. they have done exactly what the em- ing with illegal immigration bill. It strengthens the public charter pro- ployers wanted them to do so that the There are political pressures that are visions and immigration laws so that draw of illegal aliens into this country, very intense. But we should not allow noncitizens do not break their promise which is to get a job, has not been ef- the politics and the fact that this is a to the American people not to use wel- fective. wedge issue to prevent us from doing fare. the right thing. The right thing is that It ensures that sponsors have suffi- Oh, yes, we are talking about more this bill needs more work. We do want cient means to fulfill their financial people on the border if the Committee to have strong measures against illegal support obligation. on Appropriations goes along with this. immigration. There are a lot of provi- It also strengthens provisions in the That sounds good. I am certainly for sions here in the bill that are good, new welfare law prohibiting illegal that. But the only way we are ever that make sense. But the attack on aliens from receiving public benefits, going to solve this problem is to deal legal immigrants, American workers, and it strengthens penalties against with the fact that there are people out right now, is stronger than on illegal fraudulent claims to citizenship for the there who habitually hire illegal immigration. Therefore, I think that purposes of illegally voting or applying aliens, and we had many, many inspec- we should reject this bill. Give it one for public benefits. tors in the House committee, had more shot. Lastly, Mr. Speaker, I just want to many, many inspectors in the House There is additional time. I under- say that I know my friend from Texas, committee version, the 150. We had 350 stand we will be in next week now. Let Mr. BRYANT, opposes this bill, but I in the Senate bill. They are gone. Of us do the right thing. Let us defeat this still want to say that he deserves pub- the enhanced penalties that we had in conference report. lic credit for many of the provisions the bill, the enhanced penalties that we had in the bill so that habitual offend- GENERAL LEAVE still in the bill that he would consider Mr. SMITH of Texas. Mr. Speaker, I beneficial, even if he does not consider ers would suffer for their acts have now ask unanimous consent that all Mem- the entire bill beneficial. been removed. bers may have 5 legislative days in Mr. Speaker, I just want to continue Mr. Speaker, I yield 3 minutes to the which to revise and extend their re- the comments I was making a while gentleman from Massachusetts [Mr. marks on the conference report under ago and express to the gentleman from FRANK]. consideration. Texas [Mr. BRYANT] my appreciation Mr. FRANK of Massachusetts. Mr. The SPEAKER pro tempore (Mr. for his constructive role in the process. Speaker, the chairman of the sub- BILBRAY). Is there objection to the re- Even if he cannot support the entire committee has given the perfect ra- quest of the gentleman from Texas? bill, he has played a significant role in tionale for voting against the bill and There was no objection. getting us to this point, and especially for our motion to recommit. He says Mr. SMITH of Texas. Mr. Speaker, I at the beginning when he was a cospon- many of these provisions are here in yield myself 2 minutes. sor of this bill. part because of the gentleman from Mr. Speaker, several times today, Lastly, Mr. Speaker, I want to make Texas, the ranking member. That is ex- various opponents have mentioned that the point once again that the oppo- actly right, and if this bill had only we do not have in this legislation the nents who we are hearing from this those provisions, it would not be con- Department of Labor inspectors. afternoon do not represent a majority troversial. He has conceded the point. H11088 CONGRESSIONAL RECORD — HOUSE September 25, 1996 There is a core of agreement on meas- the United States with AIDS, including fought and died for this country in ures to restrict illegal immigration a child. Children with AIDS who are many cases, or their families, and to that would not be controversial. not yet eligible to become citizens, our senior citizens. So this is a much But here is what happens, and people children who are brought here; they did larger debate. should understand people sometimes not sneak in, not these terrible people Finally, my colleagues, we must have think the party does not mean any- my colleagues are worried about, chil- a President who will enforce the laws, thing. Yes, party control means some- dren who are here with AIDS are de- and we have not had a President who thing. The Republicans are in control nied Federal health benefits in certain will enforce the immigration laws, and of this Congress. That means their ide- circumstances by this bill. That is we have a new policy every day, and we ological agenda and the interest groups shameful. cannot live that way. that they are most interested in get Mr. SMITH of Texas. Mr. Speaker, I Mr. BRYANT of Texas. Mr. Speaker, served. yield myself 1 minute. I yield 1 minute 15 seconds to the gen- What that means is that we do not Mr. Speaker, the States have indi- tleman from California [Mr. TORRES]. get a chance to vote just on the bill cated that there is likely to be confu- (Mr. TORRES asked and was given dealing with illegal immigration. It sion in the interpretation of title V of permission to revise and extend his re- comes with illegal immigration and an this bill in the recently enacted wel- marks.) unbreakable format, a conference I fare bill. The intent of some of the pro- Mr. TORRES. Mr. Speaker, I rise to have never seen before, where the visions in title V may need to be ad- voice my strong opposition to this so- chairman just decided no amendments dressed in the later bill. Until that called immigration reform bill. There would be allowed because he is afraid time the States should be held harm- must be some confusion over what im- to have his members vote on these less on issues which are ambiguous. migration actually means, over what things. However, the immigration bill is not immigration actually is. The diction- Other provisions are there. Well, intended to change in any way the eli- ary defines immigration as ‘‘coming what are the other provisions? One pro- gibility provisions in the recent wel- into a country of which one is not a na- vision reaches back to antidiscrimina- fare bill. Non-citizens are not eligible tive resident.’’ tion language. It has nothing to do for SSI or food stamps, and future im- Basic logic tells us that any attempt with illegal immigration. We have said migrants are not eligible for Medicaid to reform immigration should address that we feared, when we put employer as well as for their first 5 years, and those issues that directly relate to im- sanctions into the law, that this would this bill simply does not change that. migration: strict border control, effec- lead to discrimination against people Mr. Speaker, I also on a different tive verification of citizenship, and pe- born in America who were of Mexican subject want to reiterate the fact that nalizing those businesses and indus- heritage. The GAO said, ‘‘You’re right, all of us who are strong supporters of tries who knowingly employ undocu- it’s happened.’’ What they have done in this bill also are strong supporters of mented immigrants. this bill is to reach back to that sec- employer sanctions. That is why in Most Americans would agree with tion not otherwise before us and made this bill we have increased Interior en- those goals. But this bill goes way be- it much harder for us to protect those forcement, we have increased the num- yond these sensible, logical goals. In- people against discrimination. ber of INS inspectors, we have in- stead, it attacks the very principles Then we will have a recommit to creased the penalties, and we have this upon which this country was founded. undo that. My colleagues could vote for quick-check system that will allow em- America’s Founding Fathers built this the recommit and it will not effect ployers to determine who is eligible to country on the principles of fairness their commitment on illegal immigra- work and who is not. and equality, on honoring the law and tion. So this bill goes exactly in that di- creating safeguards against any kind of With regard to the people with AIDS, rection, which of course is supported discrimination. Throughout history, that is a provision that was in neither by a majority of the American people our country has welcomed those immi- bill. The gentleman from Texas who as well. grants who play by the rules, pay their does not want to defend things on the Mr. Speaker, I yield 11⁄2 minutes to taxes, and contribute to our cherished merits says, ‘‘Well, the majority is the gentleman from Florida [Mr. MICA]. diversity. with me.’’ Well, that was not in the Mr. MICA. Mr. Speaker, I come be- But this bill ignores those traditions House bill, and it was not in the Senate fore the House today, as we debate this and attacks the very people who we say bill. It is an add-on in that secret con- immigration reform legislation, from a are welcome—legal immigrants. The ference that they had. State that has been impacted and welfare bill effectively stripped legal What this bill does is to weaken our sometimes devastated by a lack of a residents of many safeguards, and this enforcement powers against those who national immigration policy. bill goes on to clean up what the wel- employ people who are here illegally I notice we have some reforms in fare bill missed. and then, serving the Republican ideo- here, and there are some good reforms. Under this bill, legal immigrants who logical agenda, says ‘‘If you’re here le- We are doubling the number of Border enter the country and begin the proc- gally and you have AIDS, you may die Patrol, but also in this we are also re- ess of living the life of an American if you need Federal funds because you stricting some payments, some bene- resident would lose the protections will get none. If you are a Mexican- fits, to illegal aliens, and we should go guaranteed by the Constitution. American born here, we will make it even beyond that. Employers would be given the go- easier for people to discriminate But I tell my colleagues that unless ahead to discriminate by a bill that against you. If you are an American le- we stop some of the benefits, unless we does not enforce current immigration gally eligible to work and the Govern- demagnetize the magnet that is at- requirements and citizenship verifica- ment falsely certifies that you weren’t tracting these folks to come to our tion. Employers would be allowed to and makes a mistake, in the House ver- shores—we can put a Border Patrol exploit workers by weakening civil sion of the bill we had a protection for person every 10 yards across our bor- rights protections and gutting wage you.’’ In this version of the bill there is der, and we will not stop the flow be- and law enforcement. none. if they apply for a job, having cause people will come here because of This bill is not about immigration re- been born in this country, and they are the attraction of the benefits. form, it’s about punishing women and turned down because the government How incredible it is that we debate children who play by the rules and rep- inaccurately reported that they were whether we give education benefits or resent the very best in our country. not eligible to work, they have no re- medical benefits and legal benefits and Most legal immigrants work hard for course. Our bill would have given some housing benefits and other benefits to low to moderate wages, with little or recourse. illegal aliens and even legal aliens in no health insurance. Should the family This bill protects the employers. This this country when we do not give the need Federal assistance, too bad. Be- bill makes it harder if someone is a po- same benefits in this Congress, and cause if one of these workers ends up in tential victim of discrimination, or if that side of the aisle has denied them the hospital and cannot pay his bill, they are a perfectly legal resident of to our veterans who have served and and the sponsor cannot pay his bill, September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11089 that worker will be deported. Never Washington has played the deadbeat I strongly urge all of my colleagues to support mind that he has been paying taxes for dad and walked away from. This bill the immigration in the national interest con- the past few years. Suddenly, it just will finally correct that. ference report. The sweeping reforms in H.R. doesn’t matter that he has contributed Mr. Speaker, I think the chairman of 2202 will stem illegal immigration, secure our to our economy and has followed our the committee said quite clearly, we borders, and encourage personal responsibility laws. want to have a welcome mat out for for legal immigrants. It doesn’t stop there. It isn’t just the legal immigration, but there is a dif- While America is a nation of immigrants, its worker. It’s his family, his children. If ference between having a welcome mat borders must be protected from illegal immi- his child needs medical care and he and being a doormat. Our taxpayers grants. According to INS there are 4.5 million can’t pay, his tax money suddenly isn’t have a right to expect that citizens do illegal aliens in the United States. By doubling available. This bill sends the child to have rights and should be first in our the number of border patrol agents, H.R. 2202 school sick, with the fear of deporta- priorities for social programs and for protects legal residents from the social and tion always looming in the back- the taxpayers’ dollars; the fact that il- economic burdens of illegal immigrants. ground. legal aliens should not be given pref- H.R. 2202 improves legal immigration poli- Legal immigrant children must have erence over legal residents and citi- cies to ensure those who sponsor immigrants their sponsor’s income deemed for any zens. have the means to support them. If we don't means-tested program. This effectively Mr. Speaker, if our colleagues from require sponsors to fulfill their financial obliga- bars these children from child care, the other side of the aisle want to walk tions, taxpayers will continue to pay $26 billion Head Start, and summer jobs and job away from this issue, then they are annually for legal immigration. Sponsors must training programs. walking away from a major mandate, honor their obligations so legal immigrants What does reducing a legal resident’s not just from the people of California, may become self-reliant, productive residents access to health care and Federal bene- but across this country. We had bipar- of the United States rather than dependents of fits have to do with restricting illegal tisan support at finally addressing the the welfare state. immigration I would argue—nothing. issue of the absurdity of welfare, and Again, I urge all of my colleagues to support Absolutely nothing. Because this is not we passed a welfare reform bill the H.R. 2202. Mr. BRYANT of Texas. Mr. Speaker, about reducing illegal immigration. If President signed. It is time to be bipar- I yield myself such time as I may it were, I would not be standing before tisan. Pass this bill. Give the President consume. you asking these simple questions. the chance to sign this bill, too. The SPEAKER pro tempore (Mr. For these reasons, I encourage my Mr. SMITH of Texas. Mr. Speaker, I RIGGS). The gentleman from Texas [Mr. yield 1 minute to the gentleman from colleagues to oppose this blatant of- BRYANT] is recognized for 15 seconds. fense to our sense of fairness, justice, Florida [Mr. FOLEY]. Mr. BRYANT of Texas. Mr. Speaker, and equal protection for every Amer- Mr. FOLEY. Mr. Speaker, I commend I simply want to say that Members ican resident. the chairman of the subcommittee for should vote for the motion to recom- Mr. SMITH of Texas. Mr. Speaker, I his hard work on H.R. 2202. mit. All of the things that will yield 2 minutes to the gentleman from Mr. Speaker, let us just say every- strengthen this bill are in it, plus the California [Mr. BILBRAY]. body is in bipartisan support of this things that have been talked about by Mr. BILBRAY. Mr. Speaker, let us bill. The House passed the bill 333 to 87. the other side. talk about playing by the rules. The Senate bill passed 97 to 3. This bill Second, I regret the gentleman from If this bill is not passed, those who secures our borders, cuts crime, pro- Texas [Mr. SMITH] and I we did not have broken immigration law and en- tects American jobs, and saves tax- work together on this bill at the end. tered this country legally have more payers from paying billions of dollars He is a good friend of mine. I appre- rights than those who are waiting pa- in benefits to noncitizens. ciate so much the spirit in which we tiently at the ports of entry to enter The conference report doubles the began. I look forward to working with into this country. That kind of con- number of Border Patrol agents, expe- him on something we agree on in the fuses me, because my colleagues on the dites the removal of illegal aliens, in- future. I thank the gentleman very other side of the aisle have no problem creases penalties for alien smuggling much. with an immigration agent turning and document fraud, prohibits illegal Mr. SMITH of Texas. Mr. Speaker, I away somebody at the port of entry if aliens from receiving most public bene- yield myself the balance of my time. they are coming to a legal port of fits, and encourages sponsors of legal The SPEAKER pro tempore. The gen- entry, without a judge’s rulings, with- immigrants to keep their commitment tleman from Texas [Mr. SMITH] is rec- out court cases, without lawyers. But if of financial support. ognized for 1 minute and 30 seconds. somebody jumps the fence, breaks the My grandmother came from Poland Mr. SMITH of Texas. Mr. Speaker, I law, then they want to continue to em- with a sponsor, a job, and a clean bill thank the gentleman from Texas for power these people with more rights of health. We should expect no less his generous comments. I feel the than those who are playing by the from any other person coming to this same. rules. country. We must stop illegal immigra- Mr. Speaker, for the sake of Amer- tion. We must stop the waste of Treas- ican families, American workers, and b 1445 ury dollars towards people who come American taxpayers, we have to pass I have to say, this is the absurdity of here illegally. We need to clean up our immigration reform right now. To se- Washington, that we are even discuss- communities. This bill goes a long way cure our borders is a worthy effort. If ing this issue. But they are saying, to doing it. we secure our borders, we are going to what if this legislation passes, what Again, I commend the gentleman reduce crime, we are going to reduce could happen? from Texas for his leadership on this the number of illegal aliens coming Let me tell the Members, as some- issue. into the country, we are going to pro- body who lives on the border, let me Mr. SMITH of Texas. Mr. Speaker, I tect jobs for American workers, and we say what happened today and what has yield 15 seconds to the gentleman from are going to save taxpayers billions happened in the past. San Diego Coun- Florida [Mr. STEARNS]. and billions of dollars. ty, when I was a supervisor, spent (Mr. STEARNS asked and was given In addition to that, we have to dis- $30,000 sending people back to foreign permission to revise and extend his re- tinguish and say to legal immigrants, countries in body bags, because of how marks.) we want you if you are going to come many people are dying because of this Mr. STEARNS. Mr. Speaker, I would to contribute and work and produce, problem. just say to my colleagues, coming here but you cannot come to take advan- The fact is, there are law-abiding the wrong way is not the American tage of the taxpayer. I urge my col- citizens who are doing without in their way. I support this bill. I compliment leagues to vote for this conference re- hospitals because the Federal Govern- the gentleman from Texas [Mr. SMITH] port, and against the motion to recom- ment is actively dumping patients onto for the work he has done. mit. working-class hospitals and expecting As a Representative from a State heavily The SPEAKER pro tempore. All time those communities to pay the bill that impacted by our Nation's immigration policies, has expired. H11090 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Without objection, the previous ques- The question was taken; and the Bilbray Goodling Orton Bilirakis Gordon Oxley tion is ordered on the conference re- Speaker pro tempore announced that Bishop Goss Packard port. the noes appeared to have it. Bliley Graham Parker There was no objection. Mr. BRYANT of Texas. Mr. Speaker, Blute Greene (UT) Paxon Boehlert Greenwood Peterson (MN) MOTION TO RECOMMIT I object to the vote on the ground that Boehner Gunderson Petri Mr. BRYANT of Texas. Mr. Speaker, a quorum is not present and make the Bonilla Gutknecht Pickett I offer a motion to recommit. point of order that a quorum is not Bono Hall (TX) Pombo The SPEAKER pro tempore. Is the present. Brewster Hamilton Porter Browder Hancock Portman gentleman opposed to the conference The SPEAKER pro tempore. Evi- Brownback Hansen Pryce report? dently a quorum is not present. Bryant (TN) Hastert Quillen Mr. BRYANT of Texas. Yes, I am, Mr. The Sergeant at Arms will notify ab- Bunn Hastings (WA) Quinn Speaker. sent Members. Bunning Hayes Radanovich Burr Hayworth Ramstad The SPEAKER pro tempore. The Pursuant to the provisions of clause 5 Burton Hefley Regula Clerk will report the motion. of rule XV, the Chair announces that Buyer Herger Riggs The Clerk read as follows: he will reduce to a minimum of 5 min- Callahan Hilleary Roberts Calvert Hobson Roemer Mr. BRYANT of Texas moves to recommit utes the period of time within which a Camp Hoekstra Rogers the conference report on the bill H.R. 2202 to vote by electronic device if ordered, Canady Hoke Rohrabacher the committee of conference with instruc- will be taken on the question of agree- Castle Horn Roth tions to the managers on the part of the ing to the conference report. Chabot Hostettler Roukema House to take all of the following actions: Chambliss Houghton Royce (1) ENHANCING ENFORCEMENT OF PROTEC- The vote was taken by electronic de- Chenoweth Hunter Salmon TIONS FOR AMERICAN WORKERS.— vice, and there were—yeas 179, nays Christensen Hutchinson Sanford (A) Recede to (and include in the con- 247, not voting 7, as follows: Chrysler Hyde Scarborough ference substitute recommended by the com- Clement Inglis Schaefer [Roll No. 431] Clinger Istook Schiff mittee of conference, in this motion referred YEAS—179 Coble Johnson (CT) Seastrand to as the ‘‘conference substitute’’) section Coburn Johnson, Sam Sensenbrenner Abercrombie Gejdenson Nadler 105 of the Senate Amendment (relating to in- Collins (GA) Jones Shadegg Ackerman Gephardt Neal creased personnel levels for the Labor De- Combest Kasich Shaw Andrews Gonzalez Oberstar Condit Kelly Shays partment). Baldacci Green (TX) Obey Cooley Kim Shuster (B) Recede to (and include in the con- Barcia Gutierrez Olver Cox King Skeen ference substitute) section 120A of the Sen- Barrett (WI) Hall (OH) Ortiz Cramer Kingston Skelton ate Amendment (relating to subpoena au- Becerra Harman Owens Crane Klug Smith (MI) Beilenson Hastings (FL) Pallone thority for cases of unlawful employment of Crapo Knollenberg Smith (NJ) Bentsen Hefner Pastor aliens or document fraud). Cremeans Kolbe Smith (TX) Berman Hilliard Payne (NJ) (C) Recede to (and include in the con- Cubin LaHood Smith (WA) Bevill Hinchey Payne (VA) ference substitute) section 119 of the Senate Cunningham Largent Solomon Blumenauer Holden Pelosi Davis Latham Souder Amendment (relating to enhanced civil pen- Bonior Hoyer Pomeroy Deal LaTourette Spence alties if labor standards violations are Borski Jackson (IL) Poshard DeLay Laughlin Stearns present). Boucher Jackson-Lee Rahall Dickey Lazio Stenholm RESERVING AFEGUARDS GAINST IS Brown (CA) (TX) Rangel (2) P S A D - Dooley Leach Stockman Brown (FL) Jacobs Reed CRIMINATION.— Doolittle Lewis (CA) Stump Brown (OH) Jefferson Richardson (A) Disagree to (and delete) section 421 (re- Dornan Lewis (KY) Talent Bryant (TX) Johnson (SD) Rivers lating to treatment of certain documentary Dreier Lightfoot Tanner Campbell Johnson, E. B. Ros-Lehtinen practices as unfair immigration-related em- Duncan Linder Tate Cardin Johnston Rose Dunn Livingston Tauzin ployment practices) in the conference sub- Chapman Kanjorski Roybal-Allard Ehlers Longley Taylor (MS) stitute and insist, in its place, and include in Clay Kaptur Rush Ehrlich Lucas Taylor (NC) the conference substitute, the provisions of Clayton Kennedy (MA) Sabo English Manzullo Thomas Clyburn Kennedy (RI) Sanders section 407(b) (relating to treatment of cer- Ensign Martini Thornberry Coleman Kennelly Sawyer tain documentary practice as employment Everett McCollum Tiahrt Collins (IL) Kildee Saxton practices) of H.R. 2202, as passed the House of Ewing McCrery Torkildsen Collins (MI) Kleczka Schroeder Representatives. Fawell McDade Traficant Conyers Klink Schumer Fields (TX) McHugh Upton (B) Disagree to (and delete) section 633 (re- Costello LaFalce Scott Foley McInnis Vucanovich lating to authority to determine visa proc- Coyne Lantos Serrano Forbes McIntosh Walker essing procedures) in the conference sub- Cummings Levin Sisisky Fowler McKeon Walsh Danner Lewis (GA) Skaggs stitute. Fox Metcalf Wamp de la Garza Lipinski Slaughter (C) Insist that the phrase ‘‘(which may not Franks (CT) Meyers Watts (OK) DeFazio LoBiondo Spratt include treatment for HIV infection or ac- Franks (NJ) Mica Weldon (FL) DeLauro Lofgren Stark quired immune deficiency syndrome)’’ be de- Frelinghuysen Miller (FL) Weldon (PA) Dellums Lowey Stokes leted each place it appears in sections Frisa Molinari Weller Deutsch Luther Studds Funderburk Montgomery White 501(b)(4) and 552(d)(2)(D) of the conference Diaz-Balart Maloney Stupak Gallegly Moorhead Whitfield substitute and in the section 213A(c)(2)(C) of Dicks Manton Tejeda Ganske Myers Wicker the Immigration and Nationality Act (as Dingell Markey Thompson Gekas Myrick Wolf Dixon Martinez Thornton proposed to be inserted by section 551(a) of Geren Nethercutt Young (AK) Doggett Matsui Thurman the conference substitute). Gilchrest Neumann Young (FL) Doyle McCarthy Torres (3) PRESERVING ENVIRONMENTAL SAFE- Gillmor Ney Zeliff Durbin McDermott Torricelli GUARDS.—Disagree to (and delete) subsection Gilman Norwood Edwards McHale Towns Goodlatte Nussle (c) of section 102 (relating to waivers of cer- Engel McKinney Velazquez tain environmental laws) in the conference Eshoo McNulty Vento NOT VOTING—7 substitute. Evans Meehan Visclosky Gibbons Mascara Wilson Farr Meek Volkmer Mr. BRYANT of Texas (during the Heineman Peterson (FL) Fattah Menendez Ward Lincoln Williams reading). Mr. Speaker, I ask unanimous Fazio Millender- Waters consent that the motion to recommit Fields (LA) McDonald Watt (NC) b 1511 be considered as read and printed in Filner Miller (CA) Waxman Flake Minge Wise Messrs. CUNNINGHAM, EWING, the RECORD. Flanagan Mink Woolsey The SPEAKER pro tempore. Is there Foglietta Moakley Wynn LINDER, CHRISTENSEN, MCDADE, objection to the request of the gen- Ford Mollohan Yates BAESLER, and SKELTON changed tleman from Texas? Frank (MA) Moran Zimmer their vote from ‘‘yea’’ to ‘‘nay.’’ Frost Morella Messrs. YATES, WYNN, and There was no objection. Furse Murtha The SPEAKER pro tempore. Without LOBIONDO changed their vote from objection, the previous question is or- NAYS—247 ‘‘nay’’ to ‘‘yea.’’ dered on the motion to recommit. Allard Baker (CA) Bartlett So the motion to recommit was re- There was no objection. Archer Baker (LA) Barton jected. Armey Ballenger Bass The SPEAKER pro tempore. The Bachus Barr Bateman The result of the vote was announced question is on the motion to recommit. Baesler Barrett (NE) Bereuter as above recorded. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11091 The SPEAKER pro tempore (Mr. Poshard Shays Thurman mony before the Federal Energy Regulatory Pryce Shuster Tiahrt RIGGS). The question is on the con- Quillen Sisisky Torkildsen Commission on a matter of utmost importance ference report. Quinn Skeen Torricelli to the people of the State of North Dakota. The question was taken; and the Radanovich Skelton Traficant Resolution of the matter currently before the Ramstad Slaughter Upton Commission will likely determine the continued Speaker pro tempore announced that Reed Smith (MI) Visclosky the ayes appeared to have it. Regula Smith (NJ) Volkmer viability of the Great Plains Synfuels Plant in RECORDED VOTE Riggs Smith (TX) Vucanovich Beulah, ND, a unique facility which converts Roberts Smith (WA) Walker Mr. SMITH of Texas. Mr. Speaker, I lignite coal to synthetic natural gas and which Roemer Solomon Walsh brings tremedous economic benefit to our demand a recorded vote. Rogers Souder Wamp State. It was critical that I be present before A recorded vote was ordered. Rohrabacher Spence Ward Roth Spratt Watts (OK) the CommissionÐalong with North Dakota's The SPEAKER pro tempore. This Roukema Stearns Weldon (FL) two distinguished SenatorsÐto advocate on will be a 5-minute vote. Royce Stenholm Weldon (PA) Salmon Stockman Weller behalf of this facility. Mr. Speaker, I regret The vote was taken by electronic de- Sanford Stump White having to miss any vote in this Chamber and vice, and there were—ayes 305, noes 123, Saxton Talent Whitfield I regret my unavoidable conflict today. not voting 6, as follows: Scarborough Tanner Wicker Schaefer Tate Wolf f [Roll No. 432] Schiff Tauzin Young (AK) AUTHORIZING STATES TO DENY AYES—305 Seastrand Taylor (MS) Young (FL) Sensenbrenner Taylor (NC) Zeliff PUBLIC EDUCATION BENEFITS Allard Dicks Johnson (CT) Shadegg Thomas Zimmer TO CERTAIN ALIENS NOT LAW- Andrews Dooley Johnson (SD) Shaw Thornberry Archer Doolittle Johnson, Sam FULLY PRESENT IN THE UNITED Armey Dornan Jones NOES—123 STATES Bachus Doyle Kanjorski Abercrombie Gephardt Olver Baesler Dreier Mr. MCINNIS. Mr. Speaker, by direc- Kasich Ackerman Gutierrez Ortiz Baker (CA) Duncan tion of the Committee on Rules, I call Kelly Baldacci Hastings (FL) Owens Baker (LA) Dunn Kildee Barrett (WI) Hilliard Pastor up House Resolution 530 and ask for its Ballenger Edwards Kim Becerra Jackson (IL) Payne (NJ) immediate consideration. Barcia Ehlers Kingston Beilenson Jackson-Lee Pelosi Barr Ehrlich The Clerk read the resolution, as fol- Klink Berman (TX) Rahall Barrett (NE) English Klug Blumenauer Jacobs Rangel lows: Bartlett Ensign Knollenberg Bonior Jefferson Richardson H. RES. 530 Barton Everett Kolbe Borski Johnson, E. B. Rivers Bass Ewing Resolved, That upon the adoption of this LaHood Brown (OH) Johnston Ros-Lehtinen Bateman Fawell Largent Bryant (TX) Kaptur Rose resolution it shall be in order to consider in Bentsen Fazio Latham Bunn Kennedy (MA) Roybal-Allard the House the bill (H.R. 4134) to amend the Bereuter Fields (TX) LaTourette Clay Kennedy (RI) Rush Immigration and Nationality Act to author- Bevill Flanagan Laughlin Clayton Kennelly Sabo ize States to deny public education benefits Bilbray Foley Lazio Coleman King Sanders Bilirakis Forbes to aliens not lawfully present in the United Leach Collins (IL) Kleczka Sawyer Bishop Fowler States who are not enrolled in public schools Levin Collins (MI) LaFalce Schroeder Bliley Fox during the period beginning September 1, Lewis (CA) Conyers Lantos Schumer Blute Franks (CT) Lewis (KY) Coyne Lewis (GA) Scott 1996, and ending July 1, 1997. The bill shall be Boehlert Franks (NJ) Lightfoot Cummings Lofgren Serrano debatable for one hour equally divided and Boehner Frelinghuysen Linder de la Garza Lowey Skaggs controlled by the chairman and ranking mi- Bonilla Frisa Lipinski DeLauro Maloney Stark nority member of the Committee on the Ju- Bono Funderburk Livingston Dellums Markey Stokes Boucher Furse diciary or their designees. The previous ques- LoBiondo Diaz-Balart Martinez Studds Brewster Gallegly tion shall be considered as ordered on the Longley Dingell Matsui Stupak Browder Ganske bill to final passage without intervening mo- Lucas Dixon McDermott Tejeda Brown (CA) Gekas Luther Doggett McKinney Thompson tion except one motion to recommit. Brown (FL) Geren Manton Durbin McNulty Thornton Brownback Gilchrest The SPEAKER pro tempore (Mr. Manzullo Engel Meehan Torres Bryant (TN) Gillmor CHAMBLISS). The gentleman from Colo- Martini Eshoo Meek Towns Bunning Gilman McCarthy Evans Menendez Velazquez rado [Mr. MCINNIS] is recognized for 1 Burr Gingrich McCollum Farr Millender- Vento hour. Burton Gonzalez McCrery Fattah McDonald Waters Buyer Goodlatte Mr. MCINNIS. Mr. Speaker, for the McDade Fields (LA) Miller (CA) Watt (NC) Callahan Goodling McHale Filner Mink Waxman purpose of debate only, I yield the cus- Calvert Gordon McHugh Flake Moakley Williams tomary 30 minutes to the gentleman Camp Goss McInnis Foglietta Mollohan Wise Campbell Graham from Texas [Mr. FROST], pending which McIntosh Ford Morella Woolsey Canady Green (TX) I yield myself such time as I may McKeon Frank (MA) Nadler Wynn Cardin Greene (UT) Metcalf Frost Neal Yates consume. During consideration of this Castle Greenwood Meyers Gejdenson Oberstar resolution, all time yielded is for the Chabot Gunderson Mica Chambliss Gutknecht Miller (FL) NOT VOTING—6 purpose of debate only. Chapman Hall (OH) Minge Mr. Speaker, House Resolution 530 is Gibbons Lincoln Peterson (FL) Chenoweth Hall (TX) Molinari Heineman Mascara Wilson a simple resolution. The proposed rule Christensen Hamilton Montgomery is a closed rule providing for 1 hour of Chrysler Hancock Moorhead b 1521 Clement Hansen Moran general debate divided equally between Clinger Harman Murtha Ms. KAPTUR changed her vote from the chairman and the ranking minority Clyburn Hastert Myers ‘‘aye’’ to ‘‘no.’’ member of the Committee on the Judi- Coble Hastings (WA) Myrick Coburn Hayes Nethercutt Messrs. KIM, BROWN of California, ciary or their designees. Finally, the Collins (GA) Hayworth Neumann and HOSTETTLER changed their vote rule provides for one motion to recom- Combest Hefley Ney from ‘‘no’’ to ‘‘aye.’’ mit. Condit Hefner Norwood Cooley Herger Nussle So the conference report was agreed House Resolution 530 was reported Costello Hilleary Obey to. out of the Committee on Rules by a Cox Hinchey Orton The result of the vote was announced voice vote. Cramer Hobson Oxley as above recorded. Mr. Speaker, we are all very familiar Crane Hoekstra Packard Crapo Hoke Pallone A motion to reconsider was laid on with the issue addressed in the under- Cremeans Holden Parker the table. lying legislation. During consideration Cubin Horn Paxon f of the comprehensive immigration bill, Cunningham Hostettler Payne (VA) the gentleman from California [Mr. Danner Houghton Peterson (MN) PERSONAL EXPLANATION Davis Hoyer Petri GALLEGLY], offered an amendment Deal Hunter Pickett Mr. POMEROY. Mr. Speaker, today I which was adopted by a record vote of DeFazio Hutchinson Pombo missed the vote on the rule covering debate 257 to 163. The Gallegly amendment al- DeLay Hyde Pomeroy Deutsch Inglis Porter on the Immigration Act conference agreement. lowed States the option of providing Dickey Istook Portman At the time of the vote, I was presenting testi- free education benefits to illegal H11092 CONGRESSIONAL RECORD — HOUSE September 25, 1996 aliens. Because the President threat- b 1530 school. We need every kid out there ened to veto the immigration con- Mr. MCINNIS. Mr. Speaker, I yield 1 being in school. ference agreement if it contained the minute to the gentleman from Califor- The solution to stopping illegal im- Gallegly amendment, even in a modi- nia [Mr. ROHRABACHER]. migration is to stop employers from fied form, the modified form of the Mr. ROHRABACHER. Mr. Speaker, I hiring illegal immigrants and to stop Gallegly amendment has been intro- rise in strong support of the rule and illegal immigrants at the borders. duced as stand-alone legislation, H.R. strong support of the Gallegly amend- Leave these kids alone. 4134. ment. Mr. MCINNIS. Mr. Speaker, I yield H.R. 4134, unlike the original In California alone we spend $2 bil- myself such time as I may consume. I think initially here it is clear that Gallegly amendment, will ensure that lion, that is $2 billion every year, edu- the discussion that is going to take it impacts only prospective illegal im- cating illegal alien children. That is $2 place over the period of time that has migrant students. The grandfather pro- billion that is equal to what we spend been allotted to us to debate the rule is vision provides that a State must pro- on the entire University of California going to get into the substantive issues vide free public education through system. of the bill, so I think it is important grade 12 for illegal aliens enrolled in Is this right? No, it is absolutely that we address what the gentleman any public school at any time during wrong to spend $2 billion on the chil- from Texas has just said. the current school year. dren of foreigners who have come here First of all, remember that this bill Mr. Speaker, I urge my colleagues to illegally. That $2 billion should be going to benefit the children of the allows every State to make their own support this simple rule and the under- decision. This is not a mandate upon lying legislation. people of the United States of America. That is what this vote is all about, it the States, Mr. Speaker. In fact, this Mr. Speaker, I reserve the balance of is to determine what our priorities are. bill takes the mandate off the States my time. Our priorities should be what is in the that is not being paid for by the Fed- Mr. FROST. Mr. Speaker, I yield my- interest of the people of the United eral Government. self such time as I may consume. States. We can care for the children of What happens right now is Washing- Mr. Speaker, the Republican major- foreigners, we can care about their ton, DC, has gone to the States and ity seems to have no shame when it well-being, but we must first care said, we know what is best for you and comes to playing political games. The about our own children, our own fami- we want you to pay for it. And Wash- fact that this House is being asked, at lies. ington, DC, has said to States like what seems to be the 11th hour of this It is very clear to me that the people Texas, or to States like Colorado, you Congress, to consider this very bad on the other side of the aisle who are pay 95 percent of the tab, we are going bill—and under a closed rule—that’s opposing this and have opposed us to force you to put these kids into your right, a closed rule—ranks right up every step of the way, and in the Clin- school. there with some of the worst legisla- ton administration, have their prior- All this bill simply does is to say to tive chicanery I have seen in the 18 ities all screwed up. the State of Texas or says to the State years I have been privileged to serve in Mr. FROST. Mr. Speaker, I yield 2 of Colorado, you now have the option. this body. minutes to the gentleman from Texas If you want to undertake this Federal mandate and pay for 95 percent of the Mr. Speaker, it is no secret why this [Mr. BRYANT]. (Mr. BRYANT of Texas asked and cost, then you may choose to do so. proposition is being brought before us This does not prevent the State of today. It does not take a rocket sci- was given permission to revise and ex- tend his remarks.) Texas from continuing to educate the entist to figure out that this bill is children of illegal aliens, and I think it under consideration in a futile attempt Mr. BRYANT of Texas. Mr. Speaker, we began considering immigration leg- is clear that we justify that substance. to save a faltering and failing Presi- Mr. BRYANT of Texas. Mr. Speaker, dential campaign. Mr. Speaker, the islation after the Jordan Commission gave us a report outlining the problems will the gentleman yield? Gallegly amendment threatened to Mr. MCINNIS. I yield to the gen- and proposing to us a set of bipartisan bring down the whole immigration con- tleman from Texas. ference report and so it was excised and solutions. In no part of the Jordan Mr. BRYANT of Texas. Mr. Speaker, relegated to the trash heap. But now, Commission report, or in any other I thank the gentleman for yielding. I like the phoenix, it rises from the study, for that matter, that is credible, would just pose this question. Does the ashes and this House is being asked to has anyone ever found that the fact gentleman think the States should be vote once again on a proposition that that an illegal alien child might be given the power to decide whether or directly attacks some of the most vul- able to get into school causes people to not the schools should be integrated? nerable in our society. leave their homes, walk, ride, swim, if Mr. MCINNIS. Mr. Speaker, reclaim- necessary, across very, very threaten- Mr. Speaker, whether these children ing my time, I would respond to the ing territory to get into the United should or should not be in this country gentleman’s question by saying, does States. he think the States should pick up 95 is really beside the point. The fact is No study has indicated those people that every child, no matter his or her percent of the cost? come here because they think they Mr. BRYANT of Texas. Answer my race, creed, nationality, religion, or might be able to get their kids into immigration status should have a desk question first. school. In fact, the police agencies, the Mr. MCINNIS. I yield to the gen- in a school. Every child living in this educational agencies, every expert that Nation should be entitled to an edu- tleman to respond to mine. has looked at this problem has said Mr. BRYANT of Texas. Well, I asked cation. Denying the children of illegal this is a mistake. a question of the gentleman: Does he immigrants access to education will Do not be led by hot rhetoric on the think the States should have the power not solve the problem of illegal immi- part of those who see a political oppor- to decide whether or not the schools gration and seal our borders. tunity, in my view, to make people are going to be integrated? What good does it do to punish chil- think that somehow this is a solution. Mr. MCINNIS. Let me say I think dren? Is that what this Republican-con- Instead, be guided by common sense. every State has a right to determine trolled, and family friendly Congress is There will be no impact on illegal im- whether or not the Federal Govern- to be remembered for? Mr. Speaker, I migration if this passes. There will be ment can mandate upon them an ex- cannot be party to standing in the an impact on our communities because penditure of which they pay 95 percent, schoolhouse door as the Republican notwithstanding the attempts to water as the gentleman just heard from the leadership seems so willing to do. I it down, the fact is the school districts gentleman from California. It is an ex- urge each and every one of the Mem- would have to check the citizenship of tensive expense in the State of Califor- bers of this body to reject out of hand every single child. They do not have nia. this closed rule and this very bad bill. the resources to do that. And if there is So the answer is, yes, I do think that Mr. Speaker, I reserve the balance of one child in a family that cannot come States should have the right to deter- my time. to school, none of them will come to mine their own future, especially when September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11093 it comes to an issue as important as children on this soil, and to recognize The SPEAKER pro tempore (Mr. education. that this country was founded on the RIGGS). The gentlewoman from Texas Now, would the gentleman respond to backs of immigrants. is not recognized. my question? Should the States re- I will not be like the Little Rock Mr. FROST. Mr. Speaker, I yield 1 spond to 95 percent of the tab or would nine, standing in front of the school- minute to the gentlewoman from Texas the gentleman be willing to have the house, keeping children from going to [Ms. JACKSON-LEE]. Federal Government pay for what it school. Ms. JACKSON-LEE of Texas. Mr. mandates? Mr. MCINNIS. Mr. Speaker, I yield Speaker, I thank the gentleman from Mr. BRYANT of Texas. In fact, the myself such time as I may consume. Texas for yielding me this time. Federal Government ought to pay the I think that any argument using I appreciate my good friend from full cost of it. The bill included that children as a pawn has no merit on this Colorado’s response, and let me suggest but the Republicans took that out of House floor. I think the issue that is to him that under the Constitution of the bill. So, there. important here, and I do not know how the United States and the equal protec- Mr. MCINNIS. Mr. Speaker, I reserve we got on to the assault weapons bill, tion clause, there is a right to treat all the balance of my time. the issue is very clear here. I do not individuals on our soil equally. Mr. FROST. Mr. Speaker, I yield 2 think I could find a Congressman on As I indicated, we would be more minutes to the gentlewoman from the Democratic side or on the Repub- than happy to be a partnership with Texas [Ms. JACKSON-LEE]. lican side that does not believe in a local government, both the local school (Ms. JACKSON-LEE of Texas asked good solid education for children. So I districts and our States’ governments, and was given permission to revise and wish my Democratic colleagues would as my colleague from Texas, Mr. BRY- extend her remarks.) quit trying to claim the issue of the ANT, who was one of the leaders on this Ms. JACKSON-LEE of Texas. Mr. children as their issue. issue of immigration, by helping to Speaker, I thank my colleague, the Let us talk about who pays the bill. fund and respond to those States who gentleman from Texas, for yielding me If we want to talk about smoke and are heavily burdened by this issue. But this time and for his kindness. mirrors, the smoke and mirrors in this we know the Republicans did not want I think it is quite misrepresenting to situation is where Washington, DC, to do that, for they wanted to have this all of us to put this smoke-and-mirror which by the way think they have a kind of legislation to present and di- legislation on the floor of the House. monopoly on common sense, reaches vide our country. There is no one that does not agree beyond the Washington, DC, city limits What I am suggesting is that I do not that we want to be fair to all of Amer- and says to the rest of the country, we want to dominate our local school sys- ica, and we certainly want to be fair to mandate upon you that you will edu- tems and I do not want to burden our our children and fair to our commu- cate these people. States. I do not believe in unfunded nities and how they hold the respon- Ms. JACKSON-LEE of Texas. Mr. mandates. I do believe in the right of sibility of educating our children. But I Speaker, will the gentleman yield? children to be educated. take great issue with someone who Mr. MCINNIS. No, I will not yield. And where I got the assault weapons comes on the floor of the House to say The gentlewoman can request time, ban from is that all of what I hear our that we need to be taking care of our however, from the gentleman from Republican friends doing, repealing the American children, we need to be tak- Texas. assault weapons ban, repealing the ing care of the children of the United Ms. JACKSON-LEE of Texas. I would Brady bill, has a lot to do with promot- States. like the gentleman to yield on the ing crime. I say to my colleagues that these are point—— The SPEAKER pro tempore. The children of the United States. And I Mr. MCINNIS. I am sure he would be time of the gentlewoman from Texas agree with the gentleman from Texas, happy to yield to the gentlewoman. has expired. we can help fund those States that But, in fairness, both of us have an Ms. JACKSON-LEE of Texas. When have serious problems with overbur- equal amount of time, and she can do people are not educated, it has a lot to dening of children in their school sys- that. do with not allowing them the oppor- tems; but what about the child that Ms. JACKSON-LEE of Texas. I thank tunity to pursue the American dream. comes over that is 9 months old? They the gentleman for his kindness. The SPEAKER pro tempore. The gen- are still in this community, this State, Mr. MCINNIS. Mr. Speaker, my point tlewoman’s time has expired. when they are 5 years old. Are we now here is very clear. If the Federal Gov- Ms. JACKSON-LEE of Texas. This is going to deny them the right to a pub- ernment wants to put this burden, if a foolish piece of legislation that lic education, an education that has Washington, DC, wants to force the should not prevail before the House. been considered part of our basic States in this country to accept this The SPEAKER pro tempore. The gen- human rights as signed by many coun- demand, then the Federal Government tlewoman will proceed in order by de- tries around the world? ought to pay for it. sisting. What about if there is a family that We know what happens. The Federal Ms. JACKSON-LEE of Texas. I yield has a child that is a citizen and one Government comes into Colorado, for back and I thank the gentleman for the that is not a citizen? How do we re- example, mandates this program, de- time. spond to educating one child and not mands that Colorado institute it, de- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the other? mands that Colorado pay 95 percent of The SPEAKER pro tempore. The And then my Republican friends talk it, and what does it do? It dilutes that Chair would advise the gentlewoman about crime. They want to repeal the money. It dilutes the money that needs from Texas she will proceed in order assault weapons ban, the Brady bill, to go to these children. and abide by the rules of the House and now they do not want children to So, in summary, let me say I think when her time for recognition has ex- be educated. They just want a bunch of that the gentlewoman’s speech, while pired. people running around uneducated, it was well spoken, certainly does not Mr. MCINNIS. Mr. Speaker, I yield without the opportunity to be able to allow the gentlewoman to claim the 11⁄2 minutes to the gentleman from access the virtues of this Nation. guardianship of children in this coun- California [Mr. BILBRAY]. And so this is a smoke-and-mirrors try. Mr. BILBRAY. Mr. Speaker, again, as legislation. It is something to make I think we have to address the real someone who has lived on the frontier someone else feel good. Well, we do not substance of this bill, and the real sub- and close to this issue all my life, I come to the Chambers of the U.S. Con- stance of this bill is to allow the States need to ask of our colleagues to do a gress to make people feel good. We to make their own decisions. reality check here. come here to pass good legislation. The Mr. Speaker, I reserve the balance of The fact is that the existing system legislation is to educate our children, my time. is wrong, and I would ask my col- to help the States who are heavily bur- Ms. JACKSON-LEE of Texas. I thank leagues to recognize that in my com- dened by such educational needs, and the gentleman. I wanted to respond if munity, where I went to school, in my to be fair to all American children, all he would have yielded. schools, in my high school, there were H11094 CONGRESSIONAL RECORD — HOUSE September 25, 1996 legal and illegal immigrants going to out of class crying because they are What we are doing with this bill is school there. But under the existing being sent out of school. That is not saying that the Federal Government law that this body talks about, and we something that ought to occur in any ought to pay for what it is demanding talk among ourselves, and this is not classroom in any public school in the the States do. That is all. Why should where the message is we need to send, United States of America. the States have the option if the Fed- we need to send it out there, it is ille- We think about the family friendly eral Government is not going to pay gal to enter the country illegally and Congress. What kind of family friendly for it. If the gentleman from the Dako- go to school for free in San Francisco. Congress would send a 6-year-old home tas is that concerned, he has an oppor- But if someone crosses the border ille- to a house that maybe there is no one tunity under this rule to offer a motion gally, then they have the guaranteed there because both parents are work- to recommit to do exactly what he is right from the government for a free ing, but there is nowhere for that 6- concerned about. But do not be taken education. year-old to go because they are holding or diverted aside by these excited And for those individuals who say that 6-year-old responsible for the ille- statements that say we are going to this has nothing to with people coming gal acts of its parents. throw kids out of school. That is pure- here illegally, we have documents We worry about gangs and juvenile ly, simply a diversion. It is away from showing, in fact testimony that showed crime, yet this would take those young the substance of this bill, and it is up in the paper where an illegal woman people that want to learn and put a bar away from the rule on the bill. was caught at the border with three in front of the schoolroom door, leav- Mr. FROST. Mr. Speaker, I reserve letters form a school district that said ing nothing but gangs and street cor- the balance of my time. your children will get a free education ners and idle time that would in all Mr. MCINNIS. Mr. Speaker, I yield 1 even if you are here illegally. likelihood be the result of barring 4 ⁄2 minutes to the gentleman from Now, Mr. Speaker, in the words of these people from the opportunity to California [Mr. GALLEGLY]. this lady, she said, you want us here. pursue an education. Mr. GALLEGLY. Mr. Speaker, I thank the gentleman for yielding me You want us to come here illegally. Then finally I worry about the imple- the time. You would not reward us and give us mentation of this strategy because how in the world are you going to sort out Mr. Speaker, the bill H.R. 4134 is a free education. modified version of the Gallegly Mr. Speaker, the message that needs legals from the illegals when you are amendment which passed by a margin looking at first graders. to be sent not here in these Chambers of almost 100 votes on this House floor but to the rest of the world and Amer- The thing that comes to my mind is those that look a little different. I am during a debate on immigration reform ica, is that, no, the days of encouraging just last March. Like the Gallegly illegal immigration is over. We are not the adoptive parents of two children of different races, a different race from amendment which was passed over- going to reward people for breaking the whelmingly by a bipartisan majority, me. I love these children as much as I law. We are not going to punish those H.R. 4134 does nothing more than re- love anything, as much as any father who play by the rules and reward those move the Federal Government’s ability could love his kids. The fear that my who break the rules. to force States to provide a free public children might be pulled out of a class- I would ask every Member to con- education to persons who are not le- room because of an inane act of Con- sider the fact that 4062 says let us re- gally in this country. This legislation gress that this rule would bring before imburse for the cost if we do not want would allow all States full discretion the House, allowing school officials to to drop the mandate. in the way they want to handle the toss little kids out into the street rath- Mr. FROST. Mr. Speaker, I yield 3 public education of illegal immigrants. minutes to the gentleman from North er than educate them in their schools, However, unlike the original Dakota [Mr. POMEROY]. is too horrible to contemplate. Gallegly amendment, this bill has been I do not love my kids any more than b 1545 modified to ensure that it impacts only any other parents love their kids. The prospectively illegal immigrant stu- Mr. POMEROY. Mr. Speaker, I thank fear of parents across this country that dents. This grandfathered provision the gentleman for yielding me the putting their children, any children provides that all illegal aliens cur- time. that do not look, that might look like rently enrolled in any public school at Mr. Speaker, I voted for the preced- they are somehow at risk of being ille- any time during the current year up to ing legislation to come to this floor be- gal in the face of being interrogated July 1, 1997, a State could not deny a cause I believe it is appropriate to and research as to their background, free public education through grade 12. toughen the Nation’s response to ille- this is just a bad, bad idea and we It only ends the current policy by gal immigration. But as to the matter ought to reject it. We should reject the which the Federal Government guaran- that this rule would present before the rule and not even bring it to the floor. tees all future illegal immigrants in House, I take a very serious exception. Mr. MCINNIS. Mr. Speaker, I yield every State a free public education at I think it is time that we just step myself such time as I may consume. the expense of the taxpayers in per- back a minute, take a deep breath and I know the gentleman very well from petuity. think about what we are doing here. the Dakotas. I have a great deal of re- In other words, even if a State deter- Do any of us possibly think that the spect for the gentleman. I know that mined that they would like to deny illegal activity of a parent ought to be he is compassionate and cares about free public education to illegals, they taken out on the kid? I think if any of his children and the other children would only be permitted to deny future us were asked that question, we would that he represents. But so does every- entrants or future illegal entries to be say, of course not. You cannot hold the body on this House floor, whether you enrolled. Those currently enrolled kid, the little kid responsible for the il- are Democrat or Republican. would be exempt. legal acts of the parent. I think it is a diversion for someone Let me make one other important That is precisely, however, what the to stand up here and say that this bill point. For instance, if my friends from bill this rule would bring to the floor somehow throws young kids out onto the State of Texas, Oregon or New Jer- would allow. In fact, the scenes that I the street, that it denies them school. sey decide they want to provide a free would create are horrible to con- What I would do is refer any of my col- public education to all illegal immi- template. I envision education offi- leagues that somehow have been con- grants, even those that arrive here ille- cials, maybe even INS officials, going vinced by this argument, I would refer gally in the future, they would be still down the rows of first grade classes them to something very simple, read perfectly entitled to do so under this trying to single out whether Johnny the bill. Look on page 5. It is very sim- legislation. stays, this one leaves and I just think ple. No State shall be required by this Mr. Speaker, this bill is good for it is, it would be awful. Imagine the section, no State shall be required by California and it is good for the Nation. scene, imagine those of us who have this section to deny public education We must end a policy that encourages children in grade school, what they benefits to any alien not lawfully future illegal immigration which fur- would think of a little boy or a little present in the United States. It is very ther depletes our funds for public edu- girl pulled out of their chair, hauled simple. cation and results in overcrowded September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11095 classrooms. There has been a lot of de- right now because if there were no ardize the entire immigration bill. Now bate about the children. But we have costs involved, then you would not we have it. Miraculously, in less than a forgotten about the children that have have organizations like the California day we have a bill go from inception to a legal right in this country, whether School Board Association that rep- the floor. they are legal residents or citizens. resents every single school board in Folks, understand this, whether you In California our State continues to California opposed to this legislation. are on this floor getting ready to vote spend millions and millions of dollars You would not have most of the law en- or watching on television, this is a bill every year, more than the previous forcement agencies in this Nation op- that is on the floor being debated today year, and we have gone from number 4 posing this particular legislation. You when we have hundreds of other bills or 5 in the Nation based on scholastic do because they know the costs would that will never be heard because we are scores and the quality of education to be tremendous, tremendous to the about to end the session that went number 43 in the Nation. schools because someone would have to from nothing, because it was not a bill Let me remind my fellow colleagues, administer it, tremendous for law en- we were considering, to all of a sudden we cannot forget these children either. forcement because someone would have being debated on the floor of the This Congress must continue to dis- to watch these kids that would not be House. It did not go through the com- mantle the system of public benefits in school but on the street. These orga- mittee. It never was heard in the com- that convinces people to come here il- nizations know what happens in real mittee on jurisdiction. But here it is legally. It must continue to decentral- life practical terms and they are op- being debated on the House floor. We ize the Federal Government and shift posed to it. could have debated it in the immigra- the power to States. We can say all we want, but until you tion bill that we just passed, but it was This revised version of my amend- are going to put some money where pulled because there were some discus- ment accomplishes both of these criti- your month is, it is going to cost and sions that had been taking place over cal objectives. The only thing that this someone will pay and the locals will the last several months. amendment does not do is provide an have to pay the price. b 1600 entitlement in perpetuity that guaran- Let me read from a few of the letters, tees that anyone that might come here just a few of the many that have come A lot of them were with Bob Dole in illegally in the future, the Federal in. The International Union of Police his campaign about how to do best to Government would force the States to Associations: politically structure this debate, and provide them with a free public edu- Make no mistake, our position is not based what do we have? It is this debate on cation. It eliminates that guarantee on partisan election year politics. the floor. We know the President is after July 1997. They are opposed: going to veto this bill, so what are we Mr. MCINNIS. Mr. Speaker, will the It is not based on broad social theory. But doing? Why are we wasting this time gentleman yield? we do clearly object to denying any child ac- when we are really at the end of this Mr. GALLEGLY. I yield to the gen- cess to schools and education within our bor- session and we have other things that tleman from Colorado. ders regardless of origin. We base our posi- are more important to deal with? Mr. MCINNIS. Mr. Speaker, I would tion on immediate pragmatic concerns that Well, there is a point to be made just like to ask the gentleman, it takes can only come from collective years on the here, there are some political points to away that entitlement, but it allows streets of America. How can anyone advo- be made here, and unfortunately what cate throwing thousands of children onto the every State to have what options? street without supervision where they will we are going to run into is a situation Mr. GALLEGLY. It allows the States become both victims and criminals? Local where, damn the cops, damn the school to continue to educate anyone they law enforcement officers, our members will administrators, damn the teachers, want, legal or other wise. The only be overwhelmed at a time when we can ill af- damn, the least important of which, I thing that it does do is after 1997, it ford the extra pressure. guess, in many people’s eyes, the chil- puts those illegally entering this coun- That is, as I said, the International dren; let us do this because there are try or considering illegally entering Union of Police Associations. points to be had. It is fortunate that this country on notice that they may CLEAT, the Combined Law Enforce- practical people are against this bill. not be provided a guarantee to a free ment Association of Texas, says: We should be against it, too. public education in the State of their Numerous officials and organizations with- Mr. MCINNIS. Mr. Speaker, I yield choice. in the law enforcement community have myself such time as I may consume. Mr. MCINNIS. Which is exactly what contacted you and other congressional con- Mr. Speaker, I think there is an obli- we are saying here; that is, the States ferees in a unified position of opposing the gation for accuracy for statements now will have this option, where before Gallegly bill. This issue as we see it is very made on this floor, and let me tell the simple. We must do all we can to support gentleman, the preceding speaker, that they had to pay the bill and had no op- every child’s right to receive an education. tion even to debate this within the Legislation that promotes the notion of there certainly was a meeting last boundaries of their own State. keeping children out of school is only going night in the Committee on Rules. No, Mr. GALLEGLY. Absolutely. One to act as another avenue of increasing the al- the gentleman did not find time to be point I think is very important to fur- ready unacceptable practice of placing more there, the gentleman was not there. ther note. This does not turn any children on the streets. But for a statement to be made that school teacher into a border patrol I could go on and on. The city of this was not discussed thoroughly in a agent or a law enforcement person. All Elmhurst in Illinois, the National As- committee meeting is not accurate. it does is provide the person that en- sociation of Police Organizations, Mr. BECERRA. Mr. Speaker, will the rolls students at the beginning of the which represents over 185,000 law en- gentleman yield? year the same right of asking to verify forcement officers and 3,500 police asso- Mr. MCINNIS. No. I will not. what their status is in this country as ciations, opposed to this bill. The Mr. Speaker, I yield 30 seconds to the they verify immunization records, as Sioux City, ID, police chief, the city of gentleman from California [Mr. they verify residency, and so on, to de- Chicago’s police chief, the city of San GALLEGLY]. termine whether they live on the right Jose’s police chief. The 47 Senators, Mr. GALLEGLY. Mr. Speaker, I side of the street as to whether they go Democrat and Republican, who signed thank the gentleman from Colorado for to this school or that school. This does a letter asking that the Gallegly bill be yielding—— not turn anybody into removing any- defeated. It goes on and on and on. Mr. BECERRA. Mr. Speaker, point of body from school now or in the future. Let us be real. We can set policy in personal privilege. I believe the gen- Mr. FROST. Mr. Speaker, I yield 4 this Chamber, but we can talk politics. tleman said—— minutes to the gentleman from Califor- This was a measure, an amendment The SPEAKER pro tempore. The gen- nia [Mr. BECERRA]. that was included in the immigration tleman may not raise a point of per- Mr. BECERRA. Mr. Speaker, first let bill that we just voted on that passed sonal privilege. me respond to the issue of no costs by a pretty wide margin. It was pulled Mr. BECERRA. Parliamentary in- would be involved if this legislation by the Republicans yesterday. Why? quiry then? When would a point of per- were passed. Let us just debunk it Because they were afraid it would jeop- sonal privilege be—— H11096 CONGRESSIONAL RECORD — HOUSE September 25, 1996 The SPEAKER pro tempore. Does the did we debate the substance of his matters, which I believe violate the gentleman from Colorado [Mr. amendment in the Committee on the spirit of democracy. MCINNIS] yield for a parliamentary in- Judiciary when we had a chance to do Mr. MCINNIS. Mr. Speaker, I yield 30 quiry? so. seconds to the gentleman from Califor- Mr. MCINNIS. I do not. In fact, Mr. But my point here is, we have a bill nia [Mr. GALLEGLY]. Speaker, I think the floor belongs to that has gone through the process in the gentleman from California [Mr. less than 12 hours, or 24 hours, when we Mr. GALLEGLY. Mr. Speaker, I thank the gentleman from Colorado for GALLEGLY] to whom I yielded 30 sec- have a lot of substantive legislation onds. that affects the lives of Americans in yielding this time to me. Mr. BECERRA. I would ask the gen- this country that will never see the I would just like to respond to my tleman from California [Mr. GALLEGLY] light of day because we are going to good friend’s, the gentleman from Cali- then to yield for 10 seconds. run out of time. fornia [Mr. BECERRA], comments, and Mr. GALLEGLY. To yield for a par- Let me yield back my time, and, as he is a good friend. We agree to dis- liamentary inquiry? the gentleman from Colorado said, we agree on many things, and this happens Mr. BECERRA. Parliamentary in- each have time to yield. to be one of them. quiry. Mr. GALLEGLY. Mr. Speaker, will He mentioned the list of people that Mr. GALLEGLY. Mr. Speaker, I yield the gentleman yield? I just want to re- were opposing this provision. Let me to the gentleman from California. spond to one comment. give my colleagues a list of some of PARLIAMENTARY INQUIRY Mr. BECERRA. I yield to the gen- those, a partial list, that are support- Mr. BECERRA. Mr. Speaker, I thank tleman from California if it is a brief ing it: Fraternal Law Enforcement, the gentleman from California for comment. California, Arizona chapters; Law En- yielding for a parliamentary inquiry. Mr. GALLEGLY. Mr. Speaker, when forcement Alliance of America, the The SPEAKER pro tempore. The gen- the gentleman said we have not had an largest law enforcement organization tleman may state his parliamentary opportunity to debate this, I would re- in the Nation; Hispanic Business Round inquiry. mind the gentleman that we debated Table; Republican Governors Associa- Mr. BECERRA. My parliamentary in- this for 2 hours on the floor of this tion; National Taxpayers Union; Amer- quiry would be, at what point would it House, which is a bigger committee icans for Tax Reform; Traditional Val- be appropriate to raise a point of per- and a broader committee than any in- ues Coalition; Eagle Forum; the Con- sonal privilege when the gentleman dividual committee. It was debated; it gressional Task Force on California; from Colorado indicated that I inac- was included in the bill; it passed by a and on and on and on. curately stated some facts, when I 100-vote margin on a bipartisan level; think I stated them correctly when I it was taken out at the conference Mr. MCINNIS. Mr. Speaker, we are said the committee of jurisdiction committee level. prepared to yield back the balance of never heard this bill? I never spoke of So with all due respect to my good our time if the gentleman from Texas the Committee on Rules. friend from California, this bill has had would like to do so. So I am asking, when would a point the attention, and for the sake of expe- Mr. FROST. The gentleman has no of personal privilege be appropriate? diting the overall bill, I suggested that more speakers? The SPEAKER pro tempore. The we have it as a stand alone. That is the Mr. MCINNIS. We are prepared to remedy of a Member is to engage in de- reason it came. This is where it should yield back at this time. bate as it is not appropriate to raise a be. point of personal privilege at this Mr. BECERRA. Mr. Speaker, I appre- Mr. FROST. At this point then, Mr. point. ciate the comments of the gentleman Speaker, we yield back the balance of Mr. FROST. Mr. Speaker, if the gen- from California. He is correct that it our time and ask for a no vote on the tleman will yield, it is my intention, was debated on the floor, never having rule. when they are through, to yield some gone through committee, but it did get Mr. MCINNIS. Mr. Speaker, I yield additional time to the gentleman in debated on the floor. back the balance of time, urge a yes the well. I will say this. While it got debated vote, and I move the previous question The SPEAKER pro tempore. The on the floor, at least it came up on the resolution. time of the gentleman from California through the process of the immigration The previous question was ordered. [Mr. GALLEGLY] has expired. debate. This came up as a result of hav- The resolution was agreed to. Mr. FROST. Mr. Speaker, I yield ing been extracted from an immigra- such time as he may consume to the tion bill. We could have debated it in A motion to reconsider was laid upon gentleman from California [Mr. the bill that just took place, because it the table. BECERRA]. was there, Mr. GALLEGLY. The gen- Mr. GALLEGLY. Mr. Speaker, pursu- Mr. BECERRA. Mr. Speaker, I thank tleman and I know it. It was taken out, ant to House Resolution 530, I call the the gentleman for yielding the addi- for whatever reason. bill (H.R. 4134), to amend the Immigra- tional time, and I will not take much Mr. GALLEGLY. If the gentleman tion and Nationality Act to authorize time, I will not consume it other than would yield, we did not want to give States to deny public education bene- to say that I appreciate what the gen- our President an excuse to kill a very fits to aliens not lawfully present in tleman from Colorado is attempting to important bill. the United States who are not enrolled say, but I do not believe I misstated Mr. BECERRA. He is still going to, I in public schools during the period be- any fact, because when I said that this hope, veto this. But the point remains ginning September 1, 1996, and ending bill has not gone through committee, I that back when we debated it earlier July 1, 1997, and ask for its immediate said the committee of jurisdiction, and today, law enforcement organiza- consideration. which is the Committee on the Judici- tions, the school board associations, a The Clerk read the title of the bill. ary, upon which I sit. It may have gone lot of folks are saying this is not a through the Committee on Rules at practical bill, this is not a way to go, The text of H.R. 4134 is as follows: about 8 o’clock at night on, perhaps, 3 it is not only going to deny kids an H.R. 4134 hours’ notice, that is true, when a education, but it is going to put kids number of us had many things pending on the street to either be victims of Be it enacted by the Senate and House of Rep- resentatives of the United States of America in throughout that night of work. crime and perhaps even be criminals Congress assembled, I will say this though. In all the themselves, and for that reason my col- months, and we have been debating the leagues continue to see objections from SECTION 1. AUTHORIZING STATES TO DENY PUB- LIC EDUCATION BENEFITS TO CER- immigration bill since last year, and the folks who will have to administer TAIN ALIENS NOT LAWFULLY my friend from California knows this, this. PRESENT IN THE UNITED STATES. the originator of the amendment It is not a good piece of legislation, (a) IN GENERAL.—The Immigration and Na- knows this because he is on the com- and it should be defeated for those rea- tionality Act is amended by adding after mittee with me in Judiciary: Not once sons, least of which are the procedural title V the following new title: September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11097 ‘‘TITLE VI—AUTHORIZING STATES TO DIS- ‘‘(2) A State may (at its option) verify with Like the original amendment, today’s QUALIFY CERTAIN ALIENS NOT LAW- the Service the alien’s immigration status FULLY PRESENT IN THE UNITED bill does nothing more than ensure through a system for alien verification of that the Federal Government will no STATES FROM PUBLIC EDUCATION eligibility (SAVE) described in section BENEFITS 1137(d)(3) of the Social Security Act (42 longer be able to force the States to ‘‘CONGRESSIONAL POLICY REGARDING INELI- U.S.C. 1320b–7(d)(3)). educate those who are in this country GIBILITY OF ALIENS NOT LAWFULLY PRESENT ‘‘(d) OPPORTUNITY FOR FAIR HEARING.—If a illegally. IN THE UNITED STATES FOR PUBLIC EDU- State denies public education benefits under This legislation will allow all States CATION BENEFITS this section with respect to an alien, the ‘‘SEC. 601. (a) STATEMENT OF POLICY.—Be- State shall provide the alien with an oppor- full discretion in the way they want to cause Congress views that the right to a free tunity for a fair hearing to establish that the handle public education and illegal im- public education for aliens who are not law- alien has been determined by the Service to migration. However, unlike the origi- fully present in the United States promotes be lawfully present in the United States, nal Gallegly amendment, this bill has violations of the immigration laws and be- consistent with subsection (b) and Federal been modified to ensure that it impacts cause such a free public education for such immigration law. aliens creates a significant burden on States’ ‘‘(e) NO REQUIREMENT TO DENY FREE PUBLIC only prospective illegal immigrants. In economies and depletes States’ limited edu- EDUCATION.—No State shall be required by other words, all we are trying to do cational resources, Congress declares it to be this section to deny public education bene- through this legislation is stop an enti- the policy of the United States that— fits to any alien not lawfully present in the tlement that would otherwise exist in ‘‘(1) aliens who are not lawfully present in United States. perpetuity. the United States are not entitled to public ‘‘(f) NO AUTHORITY TO DENY FREE PUBLIC education benefits in the same manner as EDUCATION TO STUDENTS ENROLLED AT ANY This modified version of my amend- United States citizens, nationals, and lawful TIME DURING THE PERIOD BEGINNING SEPTEM- ment does not kick one child out of resident aliens; and BER 1, 1996, AND ENDING JULY 1, 1997.—(1) A school, but it does serve notice to those ‘‘(2) States should not be obligated to pro- State may not deny, and may not require who have not yet come to this country vide public education benefits to aliens who payment of a fee as a condition for the re- illegally, using education as a magnet, are not lawfully present in the United ceipt of, public education benefits under this States. section with respect to a protected alien. that public school may not be avail- ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(2) For purposes of this subsection, the able. It does not offer the States the tion shall be construed as expressing any term ‘protected alien’ means an alien who is option of closing the school door to statement of Federal policy with regard to— not lawfully present in the United States those who have arrived there cur- ‘‘(1) aliens who are lawfully present in the and is enrolled as a student in a public ele- rently. United States, mentary or secondary school in the United ‘‘(2) benefits other than public education States at any time during the period begin- Today this education represents an benefits provided under State law, or ning September 1, 1996, and ending July 1, enormous unfunded mandate the Fed- ‘‘(3) preventing the exclusion or deporta- 1997. eral Government imposes on the tion of aliens unlawfully present in the Unit- ‘‘(g) NO IMPACT ON IMMIGRATION STATUS.— ed States. States. California alone spends an esti- Nothing in this section or section 601 shall mated $2 billion annually providing ‘‘AUTHORITY OF STATES be construed as affecting the immigration ‘‘SEC. 602 (a) IN GENERAL.—In order to status of any alien, including the conferring education to illegal immigrants. That carry out the policies described in section of any immigration benefit or change in any is enough to hire 51,000 new teachers or 601, each State may provide, subject to sub- proceedings under this Act with respect to put 1 million new computers in every section (f), with respect to an alien who is the alien.’’. classroom. If we fail to act, States will not lawfully present in the United States (b) CLERICAL AMENDMENT.—The table of be forced to provide a free public edu- that— contents is amended by adding at the end the cation to illegal immigrants until the ‘‘(1) the alien is not eligible for public edu- following new items: end of time, and that is not right. cation benefits under State law; or ‘‘TITLE VI—AUTHORIZING STATES TO DIS- ‘‘(2) the alien is required, as a condition of QUALIFY CERTAIN ALIENS NOT LAWFULLY As the primary funders of public edu- obtaining such benefits, to pay a fee in an PRESENT IN THE UNITED STATES FROM PUBLIC cation, State lawmakers and the State amount consistent with the following: EDUCATION BENEFITS ‘‘(A) In the case of a State that requires taxpayers they represent should have payment of a fee of nonresidents as a condi- ‘‘Sec. 601. Congressional policy regarding in- the ability to decide whether illegal tion of obtaining such benefits, the amount eligibility of aliens not lawfully immigrants should continue to receive of such nonresident fee. present in the United States for a free public education. ‘‘(B) In the case of any other State, an public education benefits. amount specified by the State, not to exceed ‘‘Sec. 602. Authority of States.’’. This Congress must continue to dis- the average per pupil expenditures for such The SPEAKER pro tempore. Pursu- mantle the system of public benefits benefits (as determined by the State and se- ant to House Resolution 530, the gen- that convinces those in foreign lands to lected by the State either for the State or tleman from California [Mr. GALLEGLY] come here illegally. It must also con- for the local educational agency involved). and the gentleman from Texas [Mr. tinue to decentralize the Federal Gov- ‘‘(b) INDIVIDUALS NOT LAWFULLY PRESENT BRYANT] each will control 30 minutes. ernment and shift the power to the IN THE UNITED STATES.—For purposes of sub- section (a), an individual shall be considered The Chair recognizes the gentleman States. The revised version of the to be not lawfully present in the United from California [Mr. GALLEGLY]. Gallegly amendment accomplishes States unless the individual (or, in the case GENERAL LEAVE both of these critical objectives, and I of an individual who is a child, another on Mr. GALLEGLY. Mr. Speaker, I ask urge passage of H.R. 4134. the child’s behalf)— unanimous consent that all Members Mr. Speaker, I reserve the balance of ‘‘(1) declares in writing under penalty of have 5 legislative days to revise and ex- perjury that the individual (or child) is a cit- my time. izen or national of the United States and (if tend their remarks on H.R. 4134. The SPEAKER pro tempore. Is there Mr. BRYANT of Texas. Mr. Speaker, required by a State) presents evidence of I yield myself such time as I may United States citizenship or nationality; or objection to the request of the gen- ‘‘(2)(A) declares in writing under penalty of tleman from California? consume. perjury that the individual (or child) is not a There was no objection. (Mr. BRYANT of Texas asked and citizen or national of the United States but Mr. GALLEGLY. Mr. Speaker, I yield was given permission to revise and ex- is an alien lawfully present in the United myself whatever amount of time I shall tend his remarks.) States, and consume. ‘‘(B) presents either— Mr. Speaker, I rise in strong support Mr. BRYANT of Texas. Mr. Speaker, ‘‘(i) documentation described in section of H.R. 4134. This is a modified version I think it would have been best, frank- 1137(d)(2) of the Social Security Act, or ly, had my good friend, the gentleman ‘‘(ii) such other documents as the State de- of the original Gallegly amendment termines constitutes reasonable evidence in- which passed this House by a vote of from California [Mr. GALLEGLY], who I dicating that the individual (or child) is an 257 to 163 during the debate of the im- believe to be quite sincere about this, alien lawfully present in the United States. migration reform bill just this past had simply brought to the floor the ‘‘(c) PROCEDURES FOR SCREENING.—If a March. original amendment which says flatly State provides for immigration eligibility I might remind my colleagues that that we are going to prohibit the chil- screening pursuant to this section for indi- viduals who are seeking public education the entire immigration bill, which at dren of illegal aliens, illegal immi- benefits, the State shall provide for such the time contained the original grants, from going to school. This is a screening for all individuals seeking such Gallegly amendment, passed this body repackaged version which attempts to benefits. by a strong bipartisan vote of 333 to 87. make it seem like it is a little more H11098 CONGRESSIONAL RECORD — HOUSE September 25, 1996 palatable, but it has really the same ef- not pass this amendment; it sounds Here we are not talking about pass- fect. I know that my friend from Cali- good, but it will cause an enormous ing laws, we are talking about the fail- fornia would argue that point. But it amount of trouble. I urge Members to ure of the Federal Government to en- has the same lack of effect as well. look twice at this. force its existing laws, that is, namely, Illegal immigrants do not come to I also urge them to take a look at our immigration laws; and by failing to the United States so they can get their how the public views this matter. I do so passing on, by virtue of court de- kids in school. It really is, if my col- think originally everyone was quite cisions, the costs to States and to local leagues think about it, ridiculous to al- afraid of the issue, afraid to vote communities in the cost of education. lege that they do. They come here to against it and so forth, because they If we are not serious about doing get jobs. The fact that we have illegal thought at election time it might come anything about unfunded mandates, immigrants in the schools is the fault back to haunt them. then simply let us defeat this proposal. of our Federal policy which has, par- I have noticed even some Republicans But if we are serious about it, then we ticularly in Mr. GALLEGLY’s State and are beginning to speak up and say they should restore to the level of govern- mine of Texas, border States and big are against it, including, in my State, ment that is having to pay for these border States, resulted in an awful lot my two Senators and my Governor. All decisions the power to make the deci- of kids being in the school system; three Republicans have come out sions: namely, States and local com- there is no question about it. It is ag- against this approach, at least the munities. gravating, and it is expensive. original Gallegly approach. I would My State, like most States, I am We put in the immigration bill a pro- have to let the gentleman speak with sure, divides that cost up, the cost of vision to require the Federal Govern- regard to the modified version, but cer- education. In our State of Georgia ment, who is to blame for the situa- tainly with regard to the original one, roughly half of the cost is paid by the tion, to require them to pay the cost. they were against it. State, the other half being paid by It is not fair to make the schools of Mr. GALLEGLY. Mr. Speaker, will local property taxpayers. We have Texas, the school districts in Texas or the gentleman yield? heard a lot of talk about compassion California or anywhere else, pay this Mr. BRYANT of Texas. I yield to the here, compassion for children. I would cost. Well that disappeared somewhere gentleman from California. submit to the Members, there is an- along the line in a House in which the Mr. GALLEGLY. Mr. Speaker, I ap- other element of compassion, the sen- Republicans are the majority. That is preciate the gentleman yielding. It is ior citizen, the widow who is fighting gone. The blame for that must be laid my understanding that the Governor of to hold onto her home, and every year on the Republican side of the aisle. the State, George Bush, supported the sees her ad valorem taxes go up, and The fact of the matter is, this is not Gallegly amendment in its original part of that reason, a significant part, a solution to illegal immigration. None form. However, he did support his right being the cost of education. of the studies have said that it is. A to continue to provide a free public I would say that this is a matter of Jordan Commission report, which education and said he would probably compassion, to restore to those who began this whole effort to change the continue that policy, but he did like are paying the cost for our failure to immigration laws, did not ask for this the idea of having the option, which is enforce our immigration laws the abil- kind of a measure, and that is because, all this amendment is about. ity to make a decision: Should they or as I said a moment ago, illegal immi- Mr. BRYANT of Texas. Mr. Speaker, should they not allow those who are il- grants do not come here to get their reclaiming my time, I would simply ob- legally in our country to participate in kids in school; they come here to get a serve that of the two of us, I am the the education system? That is a deci- job. one that reads the daily newspapers of sion that they are paying for. They Texas, and I believe I can produce the should have the right to make that b 1615 reports that would say differently than choice. I say that is compassion. That Mr. BRYANT of Texas. Mr. Speaker, that. is putting meaning into doing away if they are coming to get a job and Mr. Speaker, the fact of the matter is with unfunded mandates. they have kids, the kids are coming. that the impractical result of this al- Mr. BRYANT of Texas. Mr. Speaker, Do we want, as a matter of national luring proposal is obvious to those who I yield myself 45 seconds. policy, to have these kids wandering study it carefully. I urge Members to Mr. Speaker, I would observe that the streets? do what is right for our kids, do what the same taxpayers that the gentleman We might hear it said in a moment, is right for our neighborhoods, do what from Georgia, Mr. DEAL, was speaking well, the new version of this does not is right for our police departments. Do of would have to pay the cost of the require that, it simply says the States not put another burden on the school law enforcement which would result can keep them out of school or can districts, and vote against this bill. from having all these kids on the charge them tuition prospectively, be- Mr. GALLEGLY. Mr. Speaker, I yield street, the cost of the schools checking ginning, I believe, with the class of 21⁄2 minutes to the gentleman from the citizenship of every kid in the next year. It does not make any dif- Georgia [Mr. DEAL]. school in an effort to find a handful ference. How many of these kids can Mr. DEAL of Georgia. Mr. Speaker, I who might not be here legally, and all pay tuition? Zero. They cannot pay thank the gentleman for yielding time the other attendant costs. That is why tuition. to me. these institutions all oppose this ap- Second, if there is any possibility Mr. Speaker, I think it should be proach. that their being in school is going to abundantly clear as a result of the de- Mr. GALLEGLY. Mr. Speaker, will result in any type of notice being bate on the previous bill and on this the gentleman yield? taken of them or their parents by the bill here that the enforcement of our Mr. BRYANT of Texas. I yield to the Immigration Service, they are not immigration laws has a very low prior- gentleman from California. going to bring the kids to school. Some ity in the minds of some, and perhaps Mr. GALLEGLY. Mr. Speaker, one of of my colleagues might say that is not the same degree of urgency that it the reasons the Sheriffs Association of great, that is exactly what we want. I has in the minds of others who have ap- the State of California, the largest ask them to think again. That is not peared before this body today to speak. sheriffs association in the Nation, sup- what we want. That is not what the po- I would simply say that we are deal- ports this legislation is the cost of edu- lice departments want, that is not ing with two very separate and dif- cation far exceeds the cost of enforcing what the school districts want. Nobody ferent issues here. One is truly the the law. gives this a second thought. issue of unfunded mandates. By defini- Mr. BRYANT of Texas. Mr. Speaker, We cannot afford to have a huge pop- tion, we have traditionally thought of I would just observe that the Associa- ulation of kids, no matter who their that as this body passing laws that tion of Elected Sheriffs, who are politi- parents are, on the streets. Ultimately, have costs that are associated with cians like us, may have come out with that is exactly where this is going to other levels of government paying for a resolution like that, but the profes- lead. That is why every responsible in- them; namely, States and local com- sional police departments and the stitution in this country has said, do munities. school districts and those that have to September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11099 deal with this really on the ground do heard the President talking about link- words of Gov. Pete Wilson: Should a not agree. ing every single classroom in the coun- State want to commit its educational Mr. GALLEGLY. Mr. Speaker, I yield try to the Internet, making sure that resources in this area, and I think the 3 minutes to the gentleman from Cali- everybody is on line. And with that gentleman is correct, that is the course fornia [Mr. RIGGS]. funding we could construct 23,400 new his home State of Texas would like to (Mr. RIGGS asked and was given per- classrooms to ease overcrowding in take, it would be free to do so under mission to revise and extend his re- California public schools. That is clear- the Gallegly amendment, because the marks.) ly the direction that the California decision under the Gallegly amend- Mr. RIGGS. Mr. Speaker, I thank the State Legislature and the Governor ment is left to the States. gentleman for yielding time to me, and want to go, on a bipartisan basis. Mr. BRYANT of Texas. Mr. Speaker, for the hard work and tremendous lead- One other bit of perspective on this. I yield 21⁄2 minutes to the gentleman ership and expertise of the gentleman The $2 billion we are spending annually from Texas [Mr. DOGGETT]. from California [Mr. GALLEGLY], on to educate illegal immigrants is equal Mr. DOGGETT. Mr. Speaker, I thank this particular issue, which is of tre- to the total amount the State spends the gentleman for yielding time to me. mendous concern and importance to to run all nine campuses of the Univer- Certainly it is no wonder the Speaker California citizens. sity of California. So the Gallegly pro- GINGRICH chose to elevate another anti- Mr. Speaker, obviously there are vision is very necessary to allow Cali- education proposal in these waning many things that we can do to at least fornia taxpayers to protect themselves hours, precious hours, and to say he reduce the tide, the flow of illegal im- from these exploding costs. will place this above all the other is- migration into California and our other We are hearing objections from con- sues that face the American working border States, but the best way to con- gressional Democrats and from the families today. For, indeed, this has trol our border is by demagnetizing it. Clinton administration, saying Califor- been the most consistently anti-edu- That was clearly pointed out in the nia taxpayers must educate any illegal cation House in memory. Jordan Commission, the commission immigrant, even those who have yet to We have replaced decades, if not cen- headed up by the late Congresswoman enter the country. That clearly is not turies, of a bipartisan commitment to of Texas, who said we had to reduce what California voters want. I think Federal aid to education with extre- and ultimately eliminate social welfare those of us who are elected to this mism, with a hatchet that goes after benefits, including a free public edu- House have a first and foremost respon- one program after another. This is the cation, for illegal aliens, if in fact sibility, obviously, to represent the same crowd that in the last 2 years has again we were going to do a good job of constituents of our districts and our attempted to cut almost $20 million controlling our borders. home States. from Federal student loans. It is the This is just so important in Califor- Mr. BRYANT of Texas. Mr. Speaker, same crowd, this Gingrich Congress, nia, and it is pretty clear the direction will the gentleman yield? that tried to raise the cost of going to that this Congress should take. We Mr. RIGGS. I yield to the gentleman college by $5,000. It is the same crowd have to have a national policy which from Texas. that said to thousands of American Mr. BRYANT of Texas. Mr. Speaker, specifies that the Federal Government citizens that we will give their children I would just like to ask the gentleman no longer can impose mandates on a wrong start, not a Head Start. And how he distinguishes here between this State and local governments by forcing whether it was Head Start or college or them, which is what current law does, and other questions. The SPEAKER pro tempore (Mr. anything in between, they went after by forcing them to provide taxpayer-fi- every title in the education code, CHAMBLISS). The time of the gentleman nanced benefits to illegal immigrants. whether it was safe-and-drug-free from California [Mr. RIGGS] has ex- The decision should rest solely in the schools bilingual education or any hands of State and local authorities to pired. Mr. BRYANT of Texas. Mr. Speaker, other provision. decide where their resources go. That I yield myself 1 minute. So when we have a Congress that is certainly applies in the area of edu- Mr. Speaker, I would ask the gen- that extreme and that anti-education, cation. tleman if he would respond to my ques- how can it be a wonder to anyone that One of the more compelling of the tion. The gentleman says that the they would want to cut off educational border magnets is the free public edu- school systems ought to decide wheth- opportunities to the newest arrivals, cation California and the other border er or not, the States should decide because they have had little use for States are mandated to provide the whether or not this Federal issue education for Americans who have been children of illegal immigrants, who are should be dealt with locally or not. here for generations. themselves illegal immigrants. This Does the gentleman think that the Basically, this new crowd, this Ging- year their education will cost Califor- States should be deciding whether or rich Congress, its position is that we nia taxpayers over $1.8 billion. That is not we require them to integrate the should terminate the entire Federal an increase of 144 percent over just 8 schools, or should the Federal Govern- commitment to education. They just years. So make no mistake about it, ment require them to integrate the plan to do it one program at a time. the availability of free public edu- schools? This is just part of the overall scheme. cation is attractive. Mr. RIGGS. Mr. Speaker, will the As for the specific children that the In the fiscal years 1988 to 1989 there gentleman yield? Speaker wants to deny education to were 187,000 illegal immigrant children Mr. BRYANT of Texas. I yield to the today, the plan is simple enough. When in California. Today, there are almost gentleman from California. the kids get old enough and they have 380,000. That is a doubling in just 7 Mr. RIGGS. Mr. Speaker, did the gen- gotten above the pre-Head Start level years. That number continues to grow tleman say integrate or immigrate? and the Head Start level, when they every year. That is why California vot- Mr. BRYANT of Texas. Integrate. get old enough to join a gang, the pro- ers spoke very loudly, very clearly, in The Federal Government now requires gram being advanced here today is to 1994 when they approved the California the school systems to be integrated, to give them an education, all right, give statewide ballot initiative, Proposition permit all students to come to schools. them a education in the street, edu- 187, by nearly a 60 to 40 margin. Do you think that we should continue cation of the gang, of drugs and of Let me just put this in a little dif- that policy? crime. That is why, instead of learning ferent perspective, though. If not com- Mr. RIGGS. That has been a matter their ABCs, they will learn how to pelled by Federal mandate to spend $2 of Federal policy for years, of course. break into your house or car. That is billion annually to educate illegal im- Mr. BRYANT of Texas. How does the why every major law enforcement or- migrants, California could instead hire gentleman distinguish, now? We are ganization nationwide, almost, has more than 58,000 new teachers, install talking about a Federal issue here. come out against this provision. at least 1 million computers in class- Ought it not be the same in all States b rooms. Are they listening, our Demo- also, that we require they be in school? 1630 cratic colleagues in the Clinton admin- Mr. RIGGS. If the gentleman will Of course this nonsensical approach istration? Because, of course, we have continue to yield, let me put it in the is antieducation, and it is not going to H11100 CONGRESSIONAL RECORD — HOUSE September 25, 1996 work in the interest of our law enforce- In California, we see our health care ed States because if you get in, eventu- ment officers. system breaking down. We hear and see ally they’re going to wear down and The supporters of this measure con- our education system breaking down. they’re going to give you amnesty.’’ tinue to insist that ignorance is cheap- We know something must be done, but That bill precipitated this flaw. er than education. When we look back we have been prevented from doing so Mr. BRYANT of Texas. I would like over this Congress, we look at the $1.5 because the people who ran this House to ask the gentleman further, have you billion wasted on costly government for all of those years refused to let Mr. not read the bill? It did not say to the shutdowns. The legacy of destruction GALLEGLY present a bill and get it to rest of the world, ‘‘Come on in, you can and ignorance in this Congress is great the floor of the House of Representa- get amnesty.’’ I do not know where you indeed when we look back over the tives. got that. But I suggest you read the costly government shutdowns. When I applaud Congressman GALLEGLY bill and read some history before you we look at all the education programs and the others who have worked so come to the floor and indict the last 10 this Congress has tried to wreck under hard on this, because we care. We care years of this Congress. the leadership of Speaker GINGRICH, I about the people of the United States Mr. ROHRABACHER. We know what think we can certainly say that the of America, and we know that the peo- happened after that bill passed. cost to the American people of igno- ple are not going to buy the line that Mr. BRYANT of Texas. Mr. Speaker, rance has been dear indeed. this is antieducation because we want I yield such time as he may consume to Mr. GALLEGLY. Mr. Speaker, I yield education dollars to go to the benefit the gentleman from California [Mr. myself 15 seconds to respond to the of our children rather than foreigners BECERRA]. gentleman from Texas. that have come here illegally. That is Mr. BECERRA. Mr. Speaker, I thank First of all, this is not antieducation, antieducation? Nobody buys that. That the gentleman for yielding me this it is proeducation. It is proeducation is the type of arrogance that has been time. for the students that have a legal right rejected by the people of this country. I am going to go back a bit, because to be in this country, that are either I hope that when they go to the polls a number of speakers have come up legal residents or citizens. This is the a month from now that they realize here and said, and I suspect will get up most proeducation bill we have had in that type of arrogance is a thing of the here and say about the costs of illegal a long time. past and put it to bed forever. The fact immigration and the immigrants that And on the issue of law enforcement, are coming, and California and the as the gentleman from Texas knows, it is the people of the United States ex- pect the tax dollars that are being costs. Certainly there are costs, but it is broadly supported by more law en- would not be a full and honest debate, forcement people across this country taken from them to be used for their I say to each and every Member that is than it is opposed. benefit. The Gallegly amendment basically going to get up here and say that, if Mr. Speaker, I yield 31⁄2 minutes to the gentleman from California [Mr. focuses on education, which is of major you did not also say what they are con- tributing. Whether it is the food you ROHRABACHER]. concern. For us to say that those peo- Mr. ROHRABACHER. Mr. Speaker, I ple coming from other parts of the eat, the clothes you wear, you are able congratulate my fellow Californian, world do not care about their children, to purchase it for a decent price be- Congressman ELTON GALLEGLY. He has are not coming here to give their chil- cause of the work that some of these fought a long and hard battle to get dren a free education is ridiculous. All folks do. this issue to the floor and to have our the Gallegly bill now does, and I do not On top of that, it would not be an Government come to grips with a think it should have been compromised honest debate whether they are here le- major threat to the well-being of the before, I mean the fact is it was much gally or not. Because if they are not le- people of the United States of America. stronger before, saying illegal aliens gally here, I think everyone agrees This Congressman, when I first came who are here should not get the bene- that they should be deported; but while here in 1989, took me aside and we fit, but this bill now before us just says they are here and working, if they hap- spoke about the illegal immigration future illegal immigrants should not pen to buy an article of clothing the problem, and that was back in 1989. We get this right of education. way you or I do, they pay the same have worked together diligently ever Let us end this attraction to illegal sales tax that you and I have paid. If since, and he has provided enormous immigrants. This bill at least cuts off they purchase a car, or furniture, they leadership on this issue. We were never the attraction to future illegal immi- pay the same sales tax that you and I able to get this to the floor for a vote. grants from taking away those limited have paid. If they own property, and Why is that? Because when the liberal tax dollars that we have available for many of them do, they pay property Democrats controlled the House of education. taxes the way you and I do. If they do Representatives and the U.S. Senate, Mr. BRYANT of Texas. Mr. Speaker, not own property but they rent, they they were not about to let any honest I yield myself 1 minute. are ultimately still helping to pay for debate on this issue take place. Per- I just wonder if the gentleman was the property tax on that property haps it is because there is an alliance, reading the papers back in 1986 when through their rent. If they own a busi- a political alliance somewhere that the House of Representatives under ness, and many of these folks do, they someone wants to maintain that is Democratic leadership took up the fun- pay business taxes to the local govern- costing the American people the right damental immigration law for the first ment. to run their own country and the right time in many, many years and passed All of that, as the gentleman from to educate their children and the right legislation making it against the law Georgia [Mr. DEAL] had mentioned, all to actually control our own borders. for people to hire illegal immigrants of that is the basis of the payment for The fact is that, until the Repub- who are in this country. The gen- education in most States. I know for a licans took control of the House, the tleman gave us a pretty hard time fact in California, most of the money liberal Democrats put us down every there talking about how all the evils of comes from sales tax and local prop- time we tried to discuss this issue. We the world are a result of the fact that erty taxes for the schools in our State. could never get a vote. Thank God that you could not get the Gallegly amend- So please, if you are going to make an at last this problem is being con- ment up on the floor. The fact of the honest debate, if you are going to talk fronted. Since Mr. GALLEGLY and I matter is we passed about three immi- about the estimated cost because it talked in 1989, millions upon millions gration bills in the time that I have only can be an estimated cost, what of illegal immigrants have flooded into been here which is 14 years. the estimated cost is of having a child our home State of California and Mr. ROHRABACHER. If the gen- go to school if he or she happens to be across the country as well. Those mil- tleman will yield, to answer the gentle- undocumented, also mention what is lions of illegal immigrants that have man’s question, I remember the 1986 contributed by these families because come here, they may be fine people, bill. That is the one that granted am- they are not just languishing. Most of but they are consuming resources and nesty to millions of illegal immigrants them are providing some payment. benefits that are meant for the people and sent the message out to all the Another point: In bad times or in of the United States of America. people in the world, ‘‘Come to the Unit- good times, we have had folks in this September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11101 country who do not have documents some private school for that amount of make sure people do not work without who are, as I said before, and everyone money if they could because they documentation. We did not. This is just will agree, deportable. Bad times or would avoid the problem to begin with another measure that sounds good. good times. In good times, folks were of having their kids go to a public That is why it is bottled up in Califor- not saying that they were costing our school and being caught. You are not nia after Prop 187, because it does not schools all this money and as a result going to do anything with this meas- work. We should be about the business our kids were not getting educated, our ure, no kid is going to be able to afford of passing laws that will work, not just people were not getting their health to pay the tuition for a public or pri- because they sound good but because care. vate school. they will work. Unfortunately, this In good times or in bad times, they Mr. GALLEGLY. If the gentleman will not work. have been here. When the economy will yield, there is no tuition in the Mr. GALLEGLY. Mr. Speaker, I yield shot up, when the economy has shot amendment here. 11⁄2 minutes to the gentleman from Or- down, they have been around. It just so Mr. BECERRA. But the real issue in egon [Mr. COOLEY]. terms of cost and why this is so happens that in bad economic times, b 1645 you look for the scapegoats, and it is antieducation is the following. In Cali- easy to point your finger at those indi- fornia, which by the way, unfortu- Mr. COOLEY of Oregon. Mr. Speaker, viduals. nately, our Governor has been unwill- I rise today in support of H.R. 4134, a Mr. ROHRABACHER. If the gen- ing to fund education in our schools bill that allows States to deny public tleman will yield, I am not suggesting the way it should be. We are now education benefits to illegal immi- these are bad economic times. ranked one of the last in this country. grants. Mr. BECERRA. I am not suggesting We used to be one of the first back in This bill is only a matter of fun- that. I am just saying whether it is he 1950’s in terms of education funding. damental fairness. States are trying good or bad times. Mr. Speaker, I sus- But we provide about $6,000 per pupil in hard to balance their budgets. Mean- pect the gentleman will agree with me, California in money. That is in school. while, a growing population of illegal as a Republican, that these are good You drive a kid off on the streets, immigrants strain the public resources economic times. and you are going to have come costs of the State and local governments. Let me continue if I may. This whole to the local law enforcement to try to We order the States to give taxpayers argument really, if you boil it down, is make sure that they are making sure funded public education, to who? To the following. I think everyone in this these kids that are on the street now those who are here illegally. Is this not Chamber will ultimately agree, if you are not committing crimes or becom- an unfunded Federal mandate, which kick a kid out of school, you will not ing victims of crime. But should they we just passed legislation to dis- drive the parents out of the country. become involved in criminal activity, continue? What you do is you kick a kid out of this young child who has been kicked Come on. At a time when we are try- school and you put the kid on the out of school will probably be incarcer- ing to introduce common sense to street. The parent is probably here be- ated, not imprisoned because they do Washington, DC, let us get rid of these cause he or she probably has a job, not take them to adult prisons. They senseless mandates. Let us have com- probably in the underground economy, take them to the youth offender facili- passion for the hard-working taxpayers is going to stay here because chances ties, which cost about $33,000 per year of this country. Let us let the people of are in the home country the person in the State of California. the States decide whether or not they would not be making as much money. So if you think $6,000 is expensive in want to spend their tax dollars on pub- In the home country there is a good our public schools, then $32,000 is sure- lic education for illegal immigrants. chance the kid would not get educated ly much more expensive than that. Mr. GALLEGLY. Mr. Speaker, I yield anyhow. That is what you are driving towards 2 minutes to the gentleman from Cali- So they are probably going to stay with this particular piece of legisla- fornia [Mr. BILBRAY]. here whether or not you place a kid out tion. Mr. BILBRAY. Mr. Speaker, I have on the street. The real concern, as A couple of more points: Why we had the privilege of actually discussing most of the law enforcement officials would want to set as a national policy and negotiating this issue at length and Sherm Block, the Sheriff of L.A. a principle that says we are going to with representatives in Mexico of the County, will attest to this, and he is a hit the kid, we are going to punish the Senate and the Congress. Let me tell Republican, he is opposed to this par- kid for the acts of an adult, I am not you, I heard the same arguments in ticular provision by the gentleman certain. I know the courts right now Mexico that I am hearing on the floor from California [Mr. GALLEGLY], he are debating whether you can punish a right now of excuses not to do the rea- will attest, it is better to have a child parent for the acts of a child. Some of sonable thing. in school than on the street. these delinquents, children who become What is interesting is I do not think If this is meant to drive people out of delinquents, we are now having some any of us think that Mexico is the country who are here without doc- local laws that say, OK, let us punish xenophobic or antiimmigrant. But the uments, it is going to fail miserably. the parents for letting this kid become fact is in Mexico, they have a law that And if it is, what are the consequences? a delinquent. says you must prove you are a legal You and I will not see the consequences The courts have not decided yet if, in resident, if you are not a citizen, before because we are here in Washington, DC, fact, you can punish the parent for the you even get into a private school, let making the policy. The consequences acts of a child. Not only are you going alone a public school. So the will be faced by the school districts and beyond what the courts have even per- xenophobic issue, I think, is pretty set- the school boards that are opposed to mitted, but you are turning it on its tled and Mexico agrees it is a reason- this measure and most of the law en- head, you are saying punish the child able approach. forcement officials who are opposed to for the acts of the adult, as if a 2-, 4- or But I ask you, who are the children this measure because it does not help 7-year-old could tell his or her parent, we are talking about here? I hear peo- them take care of their worries locally. ‘‘Don’t cross that border without docu- ple on the floor saying ‘‘our children.’’ How much will it cost? This really is ments, Mom or Dad, because, if you do Are they talking about the legal citi- antieducation. Why? Because if you so, we’re in trouble.’’ zen children who are not getting their think someone is going to have their Be realistic. This is not sound policy. fair share of education in the States child pay tuition, this proposal says, If we are going to address the issue of impacted? Or are they talking about well, these people who are undocu- illegal immigration, let us do it where ‘‘our children’’ who are the legal resi- mented can pay tuition for their kids it most counts, at the border. We did dent aliens, who have played by the to go to school if they want to con- that in the bill that just passed. We did rules, who are not getting their fair tinue using the public schools. provide additional funding to Border share of the revenue for their edu- Let me tell you, if you are going to Patrol. cation? Or are they talking about ‘‘our use $5,000 or $6,000, I guarantee you We could have done more to provide children’’ as being the illegal aliens in most people would send their kids to more protections at the workplace to school right now? Because this bill H11102 CONGRESSIONAL RECORD — HOUSE September 25, 1996 does not affect any of those people. It Mr. CONYERS. Not yet, I have some Mr. GALLEGLY. Mr. Speaker, I says if you are illegally here today, more to tell you about this subject, sir, thank the gentleman, my friend, and you can continue to go to school. and then I will be pleased to yield. he is my friend, from the great State of It just says that the people who are Now, it just so happens that the bill Michigan for yielding, to answer his thinking of coming here to the United that you so avidly support here on the question about whose idea it was to States, who are not here now, we will floor is nothing more than a mean-spir- change this. I think the gentleman not require a free education to be given ited attempt to punish children for the would agree that this was something to your children. actions of their parents. Did you ex- that I wanted in this bill or I would not So when you say ‘‘our children,’’ are plain that to your cousins from Aus- have brought it to the floor during the you talking about the people here in tralia? debate in March. the United States today, or are you And, by the way, what do you think Mr. CONYERS. Why was it taken saying this Congress represents the il- happens to all these hundreds of thou- out? legal immigrants who are not even in sands of kids that you would exclude Mr. GALLEGLY. Let me remind the this country today, that are thinking from schools here? What do they do? gentleman, if the gentleman will give of coming, that they take priority over Join the Boy Scouts and the Girl me 10 seconds uninterrupted, I will give everyone else in the educational sys- Scouts? Or do they get part-time work? him a complete answer. Will the gen- tem today. Or do they go the day care centers that tleman yield me 10 seconds? Mr. Speaker, I ask to pass this bill, their parents will assign to them? Or Mr. CONYERS. Well, the majority of because it is for our children, both do they stay out on the streets and be- my colleagues want me to do it, so I those who are legally and illegally here come criminals or victims of crime will do it. today, and the citizens. All it asks is that your nephews fail to understand Mr. GALLEGLY. I thank the gen- that those who have not come here and that you do get punished here in Amer- tleman for yielding. The reason this made the decision to break our laws ica? You get punished more in America was taken out is the President of the not be rewarded and encouraged to do than you do anywhere else in the United States, our President, said he that. That is all we are asking for. world. would veto any bill that gave the I would ask my colleagues, when you Mr. BILBRAY. Would the gentleman States anything short of an unfunded talk about this, think about the fact yield now? mandate in perpetuity, guaranteeing a that the message we are sending Mr. CONYERS. Not yet. I have not free public education entitlement for around the world, to my cousins in completed. anyone, whether they are here today or Australia who say ‘‘We hear if you Now, my dear friend, Mr. GALLEGLY, in the future. We did not want to see a break the laws of America you get re- one of the best mayors California ever very important immigration bill warded.’’ It is time we stop sending produced, how come you did not allow threatened. The President said we only that message, not just to Latin Amer- this great provision to remain where it had that in there so he would veto it. ica and Australia, but the rest of the was created, in the immigration bill? Mr. CONYERS. Mr. Speaker, reclaim- world. Let us play by the rules. You have not explained that on the ing my time, in other words, you are Mr. BRYANT of Texas. Mr. Speaker, floor. blaming the President of the United I yield myself 15 seconds to observe, Mr. GALLEGLY. Yes, sir, I did. States for NEWT GINGRICH’s decision to this bill does not relate to or exempt Mr. CONYERS. No, you did not. remove it? the kids that are not here today; it ex- Mr. GALLEGLY. I will be happy to. Mr. GALLEGLY. It was my sugges- empts the kids that are not in school Mr. CONYERS. Well, you ought to be tion. today. Those kids that are not in happy to. But this is the provision that Mr. CONYERS. Is that the idea? school today would not be able to get came out of the immigration bill so it Mr. GALLEGLY. No, it is not. in school in the future, and they would would have a life. And it did not come Mr. CONYERS. It was your sugges- remain on the streets. Heaven knows from the President or the Democrats. tion to remove it? what would happen to these little kids Guess who wanted it out? Mr. GALLEGLY. Because I would not if they were left on the streets. Mr. GALLEGLY. I will tell you. allow the President to hold this hos- Mr. Speaker, I yield such time as he Mr. CONYERS. The Speaker of the tage. may consume to the gentleman from House wanted it out. Your colleagues Mr. Speaker, I yield myself 15 sec- Michigan [Mr. CONYERS]. on the Republican side pleaded to have onds to finish that. I think it is very Mr. CONYERS. Mr. Speaker, I thank it taken out. And now, after it has been important the American people under- my good friend for yielding me time. taken out, you march right up again stand why this provision is a stand- Mr. Speaker, the previous speaker, telling us about all the provisions. alone bill. In March this provision also a good friend of mine, from Cali- And now, if there is any time left, I passed overwhelmingly in the House. fornia, said that this cousins in Aus- would be happy to yield to my distin- We brought it back after we modified tralia have heard that if you break the guished colleague from California for it. The President said I will veto this law in America you get rewarded. 15 seconds. bill, I will veto this bill. Well, what did you tell them, Mr. Mr. BILBRAY. If I may answer the We were not going to allow the Presi- Lawmaker? question, what I told my cousin in Aus- dent to have an excuse to veto this bill. Mr. BILBRAY. Mr. Speaker, will the tralia is: Tom, just because in the past I suggested we remove it, let it stand gentleman yield? America has rewarded people for alone. I believe in the democratic proc- Mr. CONYERS. I have not finished breaking our immigration law—— ess. If the people of this Congress say, my question to you yet. It is going to Mr. CONYERS. Stop, I do not yield GALLEGLY, your bill is bad, so be it. I be a little more complicated than that. any more. Because if you told them do not think that is going to be the If you break the law in America, you that we once used to reward people for case. That is the reason it is here. get rewarded? We have got more people breaking the law, then you have failed Mr. Speaker, I yield 2 minutes to the in prison for breaking the law than any your obligation as a Federal lawmaker. gentleman from California [Mr. nation on the face of the planet, and I am not yielding to you, sir, because CUNNINGHAM]. building more prisons than schools. you are giving misinstruction on the Mr. CUNNINGHAM. Mr. Speaker, I We are now federally subsidizing the Federal law to your relatives in your would say to my colleagues on the increase of prisons in States, and your family. Now, they ought to check with other side of the aisle, those that are cousins in Australia are telling you, a the ranking member of the Committee going directly toward the issue, I laud Federal lawmaker, that you get re- on the Judiciary if they want to know that. That is fair and open debate. I warded for breaking the law in Amer- what happen to people that break the think that is what this House is for. ica, and you repeat that on the floor of law in America. Those that use this as a political sat- the House without even telling us what Mr. Speaker, I will now yield to my ire to demonize the Speaker of the you told your cousin. distinguished friend, the subcommittee House, and according to the gentleman Mr. BILBRAY. Would the gentleman chairman on Judiciary, for 15 whole from California, GEORGE MILLER, the yield? seconds. leadership meets once a week to take September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11103 out and find ethics violations for the Now, the argument has been how can teachers are required to complete some Speaker, and according to GEORGE MIL- we turn them out on the streets with- 300 hours of training to be prepared for LER, and I quote, ‘‘He is the general, it out being able to get a job? We can English As A Second Language, to be is in our best interests to take him take an illegal child all the way from able to assist students with other lan- out,’’ that is wrong. kindergarten through high school and guages, taking time away from their But those that speak to the issue, I graduate from high school and they families to learn to adapt to others laud them, and I respect their opinion. cannot legally get a job in this coun- who do not speak the English language. But I disagree with it. try, so we should not use the argument A moment ago a colleague suggested I would say those from the liberal that they need a job. that we do not talk about the benefits left that would not support the welfare, I have an end to the idea that this illegal aliens provide to this State and would not support the balanced budget, bill is antieducation. That is the most Nation, we do not talk about the taxes and then told stories to try and scare spurious of all arguments. I have 33 that they pay. Well, then, is it fair to the American people, I think that is grandchildren, my wife and I, and say that we respect and appreciate wrong. every dollar that we spend on illegal drug dealers because they certainly What I would say to my liberal left alien children is a dollar that my pay taxes themselves, as well? friends is that my mom once told me, grandchildren do not have for their The gentleman from California, Con- ‘‘If you lie enough, you are going to go education. gressman BONO, and I were talking a to Hades, and I will be very happy and I do not need to tell my colleagues moment ago, and this is the only topic justified when you pass away to send that in California, at least, maybe not in this Congress where the word ‘‘ille- you a fan.’’ in other States but in our State, we do gal’’ is actually protected. We talk And this issue is costing not only not have enough dollars for education. about illegal drugs and we give 5- taxpayers, it is costing children. I will Our children are being shortchanged. I minute speeches on the terror of drugs speak to California, children in Califor- do not want my 33 grandchildren, all in in our Nation. We talk about rape and nia. It is not $6,000 a year, it is $4,850 school virtually, to be shortchanged murder, illegal, crimes, and we talk per student times 250,000 students in K because we are spending our tax dollars about the toughest, most serious pun- through 12. That is $2 billion a year, I to educate illegal children. ishments we will level out in this Con- would say to the gentleman from Texas I strongly urge a vote for Gallegly. gress. Yet we talk about people ille- [Mr. BRYANT]. Think in 5 years what Mr. GALLEGLY. Mr. Speaker, I yield gally coming to this country, and we we could do in the State of California 1 minute to the gentleman from Cali- are supposed to be silent. We are sup- with fiberoptics, computers, and pay- fornia [Mr. MCKEON]. posed to be quiet. Now, some of our colleagues are de- ing teachers and the rest of it. Mr. MCKEON. Mr. Speaker, I rise in We have 18,000 illegal felons. When strong support of H.R. 4134. This legis- fending Governors, like Governor one talks about we are building more lation allows each State to decide Chiles in Florida, who is suing the to- prisons than we are schools, that is one whether it should provide a public edu- bacco companies to recover health care of the reasons I think, yes, the border cation to illegal immigrant children. costs because of the tobacco deteriorat- ing one’s health and costing the States is a good place to start. But economi- Just because the Federal Government moneys. Well, I would suggest to Gov- cally, criminally, and against our poor has failed in its duty to secure our bor- ernor Chiles that he sue the Federal and Medicare, we are destroying Amer- ders, States should not be required to Government to recover moneys for edu- ican citizens, and that is why we are spend limited State resources on edu- cation benefits paid to illegals. In Flor- supporting this, not mean-spirited. cation benefits for illegal immigrants. ida we are spending $800 million to $3 Mr. GALLEGLY. Mr. Speaker, I yield For example, in my home State of billion annually for illegal immigra- 2 minutes to the gentleman from Cali- California, taxpayers shoulder a $2 bil- tion. fornia [Mr. PACKARD]. lion burden to provide an education to (Mr. PACKARD asked and was given Now, clearly, this Congress stepped nearly 400,000 illegal immigrants. Fur- permission to revise and extend his re- up to the challenge when Mexico need- ther, California’s children struggle to marks.) ed to help in its currency to the tune of Mr. PACKARD. Mr. Speaker, I want learn in overcrowded classrooms with a $20 billion. But how are States like to thank the gentleman for yielding me limited number of teachers and few re- Florida, Texas, and California going to time. sources. meet their payroll obligations, their fi- Let me make a proposition to the In short, H.R. 4134 restores a fun- duciary obligations to their taxpayers, Members of the Congress. Let us take damental State right to establish its if we do not start discussing this in an American taxpayer dollars and send it own education policy and removes one honest and fair manner? to Mexico or to any other country and of the most costly unfunded mandates People who come here illegally educate their children. Those that have of the Federal Government. should not be rewarded. No, none of us chosen to stay in their country and to Again, I urge my colleagues to vote suggests we want our children out on abide by our border laws, they probably in favor of H.R. 4134. the street, but we have to send a mes- Mr. GALLEGLY. Mr. Speaker, I yield have a better right to our taxpayer dol- sage sooner or later that the United 4 minutes to the gentleman from Flor- lars to educate their children than States of America is not going to ac- ida [Mr. FOLEY]. those that break our laws to bring cept everybody in illegally. Mr. FOLEY. Mr. Speaker, I thank the their children here and get an edu- There are hundreds of thousands of gentleman very much for his leadership cation at taxpayer expense. people who are seeking to come to this Now, I think it would be a ridiculous on this issue, and I am urging my col- country legally, that have applied to idea to send our tax dollars to Mexico leagues to vote ‘‘yes’’ on a modified their Embassy to gain the privilege of or to any other country to educate Gallegly. being an American and to come to this their children. But it is more plausible First, it ends the unfunded Federal country and participate. So we should and more just and more reasonable mandate that forces States to provide not let others who illegally come in to than to invite them to come illegally free public education to illegal aliens this country to jump in front of that into our country and educate the chil- not yet in our schools; it protects chil- line, jump in front of those honest citi- dren. dren already in schools as of July 1, zens who want to find opportunity in Now, you think about that. 1997, and does not kick anyone out of American society. Do not deny those school; and it guards against creating a people that are waiting in line to come b 1700 new education entitlement for those to this country by suggesting that peo- We will not send our money to for- not yet even in this country. ple who are illegally here should have eign countries to educate their chil- Now, folks, today, we have 35 to 40 all rights and privileges. dren, but I think a parent of a child children in every public education I have to think, ladies and gentle- that stays in their own country has a classroom. We are, indeed, over- men, of those 35 and 40 kids in those better right to our dollars then those crowded. In the Palm Beach County classrooms in Palm Beach County that who break our laws and bring them to School System there are 37 languages are not getting a good education be- this country. spoken. In Palm Beach County, FL, cause of the overcrowded conditions. H11104 CONGRESSIONAL RECORD — HOUSE September 25, 1996 The gentleman from California, [Mr. the United States, nor shall deprive So I want to conclude with a letter GALLEGLY] has worked tremendously any person of life, liberty or pursuit of that our governor, Pete Wilson, sent to hard on the Task Force on Immigra- happiness without due process—and the Speaker of the House, who I believe tion Reform, and in particular on this now get this, this is the important is going to conclude the debate here issue, because he knows well enough part—nor deny any person within its momentarily, back in March when we that California, Florida, Texas, New jurisdiction, it does not say legal or il- first debated the Gallegly amendment. York, and other States have long en- legal, any person within its jurisdic- And it is as applicable now as it was dured the cost to their taxpayers to tion the equal protections of the law. then. provide benefits for illegals. I suggest that should this bill pass He said in his letter, the governor, It is time simply to stop. Not stop and become law, if the President would should a State want to commit its edu- with the people who are here today, sign it, which I doubt that he will, it cational resources in this area, it but stop July 1, 1997, for those who will still come back. The first time a would be free to do so under the would arrive and expect something for State decides to act on our prerogative, Gallegly amendment because the deci- free from this Nation. our policy, it will still come back to sion is left to the States. On the other Mr. BRYANT of Texas. Mr. Speaker, the court and the court will still, under hand, California would be freed from I yield myself 30 seconds only to ob- the protection clause of the Fourteenth this mandate, as dictated by the over- serve that I think it is all our respon- Amendment, will say we have to edu- whelming passage of Proposition 187, sibilities to take the next step and say cate children. and allowed instead to target limited what would be the actual result of But what really is surprising to me is State resources to meet the edu- doing what the gentleman is advocat- people and Members that get up in the cational needs of our legal residents. ing. well of the House and talk about the The gentleman from Texas [Mr. BRY- Nobody wants illegal immigrants to funds that we do not spend abroad. We ANT] brought up, I thought, a fair ques- be in this country, but the simple fact spend too many funds abroad and not tion earlier. And the response, really, is not one single credible source be- enough here in the United States, and is the basic premise of the Gallegly lieves that if we keep these kids out of maybe we should start thinking about amendment, which is to leave edu- school that their parents are going to that. cation decisions where they rightfully leave or that they will not come here The fact is that what we are really belong, at the State level. And that is because, as the gentleman from Cali- talking about is the dignity of our very much in keeping with the long- fornia [Mr. BECERRA] said, they are not country. We have talked and people standing American decision of decen- getting a decent education where they have gotten on the floor here and tralized decision-making in public edu- came from anyway. talked about the suffering children all If that is the case, what do we expect over the world and the starving chil- cation. to do with all these kids on the street, dren. And we have such sympathy for Yet unless we pass this legislation first; and, second, what do we think them, but yet if there are children here today, the burdens of this particular will happen to all these kids on the in the United States, we have no sym- mandate will remain, and thousands of street? pathy. needy California schoolchildren will be Mr. Speaker, I yield 21⁄2 minutes to I admire the strength, the aggressive- shortchanged. I urge the House to pass the gentleman from California [Mr. ness, the tenacity, the determination the Gallegly legislation. MARTINEZ]. of those Republicans on that side that Mr. BRYANT of Texas. Mr. Speaker, Mr. MARTINEZ. Mr. Speaker, I would get tough on immigration, get I yield 1 minute to the gentleman from thank the gentleman for yielding me tough on the perpetrators of the ille- Texas [Mr. GENE GREEN]. this time. galities we talk about with regard to Mr. GENE GREEN of Texas. Mr. First of all, there were several Mem- the adults that are coming across, not Speaker, I thank my Texas friend for bers that got up that were in the State the children. allowing me 1 minute to speak against legislature, the same as I was, who de- Mr. GALLEGLY. Mr. Speaker, I yield this bill. cried the lack of money or education in 2 minutes to the gentleman from Cali- One of the reasons I voted for the im- California. Let me tell my colleagues fornia [Mr. RIGGS]. migration bill ultimately was because something. The lack of money in edu- Mr. RIGGS. Mr. Speaker, I thank my this amendment was removed from it. cation for California is the fault of the good friend and California colleague, This is an amendment, Mr. Speaker, State legislature. The State constitu- Mr. GALLEGLY, for yielding me this that sets the pattern that we have seen tion states the highest priority of any time. in the Congress for the last 2 years: If revenues collected should be for edu- Mr. Speaker, I want to clarify one I we are going to cut the budget, let us cation, and yet the State has never think fundamental issue in this whole cut education; if we are going to punish acted that way and there are schools debate, and that is that we are talking somebody, let us punish children, and that are in desperate need of monies about legislation which is prospective; that is what this amendment will do. that the State has never provided for. that is to say, the Gallegly amendment So this is a lousy argument, that the would only apply to children who are People do not come to this country illegal children that are being educated not yet illegal immigrant children, to put their kids in public school. The are depriving monies to the children of who are not yet in our public schools. children do not come here because of the citizens that should be educated. So all these objections that we are their own volition. They come here be- I take umbrage with the statement hearing basically have the effect of cause somebody brings them. And to the chairman made about Mayor overriding the concerns and the feel- punish a 10-year-old in Texas or a 10- Gallegly being the best mayor to come ings of taxpayers who are opposed to year-old in California who is not here out of California, because I always magnetizing our borders. Basically, our of their own volition and say they can- thought I was. Democratic friends and the President not go to public school, it is wrong and Having said that, let me go back to and his administration are saying we this is bad public policy. It is bad pub- the law itself. There is no Federal law must educate any illegal immigrant, lic policy on the State level as well as that says that States must educate even those who have yet to enter the the Federal level. children of illegals. It was a court deci- country. I am always proud to be a Texan, but sion that acted because there was no Now, that makes no sense. It makes I am particularly proud to be a Texan policy statement by the Congress. no sense whatsoever for one Federal because our Governor of Texas, who is So now the Congress is making a pol- law to reward illegal immigrants from a Republican, by the way, Governor icy statement that will only allow it to violating another Federal law, and that Bush, has said he would not allow the go back to the court, because the court is what we are talking about in this de- children to be removed from Texas acted under Article XIV, which really bate, especially when it heaps tremen- schools. And I admire him for that and says that no State shall make or en- dous burdens upon State taxpayers and thank him for his commitment to edu- force any law which shall abridge the deprives legal residents of needed serv- cation. That is why this bill is so bad, privilege or immunity of a citizen of ices. Mr. Speaker. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11105 b 1715 We must pass legislation that can gov- deny the citizens of California the Mr. GALLEGLY. Mr. Speaker, I yield ern this country. I do not want the ille- right to implement proposition 187, 1 minute to the gentleman from Flor- gal immigrants here either. Everybody without expecting California to come ida [Mr. STEARNS]. agrees with that. But I do not want right back here and ask for $3 billion Mr. STEARNS. Mr. Speaker, I rise in gangs. I do not want kids wandering from the Federal Government annually support of this bill. Let me point out to the streets. I do not want kids kid- to pay California for the cost of a Fed- my colleagues, legal residents of this napped off the streets who are left de- eral failure? Nation cost the American taxpayers fenseless on the streets. Any Member who votes no on this $4.5 billion. Who pays this? Most of the I simply would say, we do not want bill should be prepared to go back education, public education funds are the pandemonium that will be caused home and tell their taxpayers that raised almost exclusively through the by this policy which looks good on the they are prepared to send California $3 taxation of State residents. The State face of it but will not work, as every billion a year to pay for what the Fed- has to tax individual families, individ- expert has testified. Members, please eral Government has failed to do. I ual people to pay for this, $4.5 billion. vote against the Gallegly bill. think it is just wrong to say to the tax- Therefore, it is fitting that the State Mr. GALLEGLY. Mr. Speaker, I yield payers and the citizens of California decide this issue, not the Federal Gov- the balance of my time to the gen- and to the legal immigrants who go to ernment. So the gentleman’s bill is tleman from Georgia [Mr. GINGRICH], California, we are going to at the Fed- simply saying let the States decide in- the Speaker of the House. eral level require you to ignore your stead of forcing an unfunded mandate The SPEAKER pro tempore. (Mr. own proposition 187, we are going to re- from the Federal Government. CHAMBLISS). The gentleman from Geor- quire you to ignore the vote of 60 per- It is also a case where it is only gia [Mr. GINGRICH] is recognized for 21⁄4 cent of your citizens and we are going right. There are disincentives, if we minutes. to make you pay out of the money that pass this bill, for people to come and Mr. GINGRICH. Mr. Speaker, this is, ought to go to your children, while we put their children into schools ille- I think, actually a very simple issue. in Washington both fail to protect the gally. I urge my colleagues to think of First of all, I commend the gentleman border and fail to provide the money. it in those terms. Would Members want from California for listening carefully This is an important bill, it is a good to be taxed to pay for the education of to the country and revising this. Mem- bill. It is a fair bill. It grandfathers the illegal immigrants? Why not let each bers need to understand, any student children who are in school this year State decide? If New York City or New enrolled in this school year is grand- but it sends the signal to the world, do York wants to decide one way, they fathered until they graduate from high not come to America and think that can decide. I urge my colleagues to school. So there is not a question about taxpayers of America are going to take support this amendment. kicking anybody out. care of you if you are here illegally. We Mr. GALLEGLY. Mr. Speaker, I have There are two core questions here: want legal migration. We do not want only one speaker remaining, and I re- The first is, prospectively for the fu- illegal migration. This bill is a vote on serve the balance of my time. ture, should we be saying across the that core premise. Mr. BRYANT of Texas. Mr. Speaker, planet, come to America illegally and Ms. GREENE of Utah. Mr. Speaker, I rise in I yield myself the balance of my time. you are guaranteed the taxpayers will opposition to H.R. 4134, the bill to deny public (Mr. BRYANT of Texas asked and provide the social services at the ex- education to illegal immigrant children. was given permission to revise and ex- pense of legal immigration and at the Earlier today, I voted for the immigration re- tend his remarks.) expense of children of Americans? That form bill, H.R. 2202, because it makes many Mr. BRYANT of Texas. Mr. Speaker, is what is happening. important improvements to our immigration we have heard a lot of talk about edu- What is happening today in Califor- system by stepping up efforts to enforce cur- cation here today. I would remind nia is that 51,000 teachers are being rent immigration laws, taking stronger steps to Members of what the gentleman from used up by an unfunded Federal man- promote greater self-reliance among immi- Texas [Mr. DOGGETT] observed a mo- date. We are taking teachers, class- grants, and holding sponsors financially re- ment ago, that it is coming from the rooms and computers away from legal sponsible for persons that they sponsor to mi- side of the aisle that proposed a 15 per- immigrants in California and away grate to the United States. cent cut in Federal aid to education. from the children of Americans and we I am particularly pleased that H.R. 2202 in- So I wonder, really, if this is not elec- are transferring it to people from fami- cluded an amendment I offered that encour- tion year rhetoric as opposed to sub- lies that are here illegally. ages the Immigration and Naturalization Serv- stantive concern. I see some heads We lock in everybody to make sure ice to focus more resources on detecting, ap- shaking. I will give them the benefit of that nobody has any question. The prehending, and deporting illegal aliens that the doubt. child in school during this school year are involved in criminal activity, such as drug We cannot leave this floor without is grandfathered until they graduate trafficking. This provision will help ensure that explaining to the American people why from high school. But we say for the the INS commits enough resources to commu- it is that a Republican Governor of future to the world, do not come to nities such as mine to combat drug trafficking Texas, two Republican Senators from America illegally and expect that you by illegal aliens. Texas, and a State very large, very are going to have the taxpayers of However, while I support immigration re- much impacted, disagree with this ap- America, the legal immigrants and form, I strongly oppose denying education to proach; why the Republican sheriff of those who are American citizens, pay immigrant children. Educating the children in LA County, certainly he knows the for social services other than emer- our communities is, in my view, as important meaning of this, disagrees with this ap- gency Federal care. This Congress as protecting them from physical harm. We proach; what we are going to do with began in 1995 by saying we would not would not stand by and allow someone to all of these kids that are going to be pass unfunded mandates. That is what physically abuse a child who was in our coun- left on the streets; what is going to this is. This is a $4.5 billion a year un- try illegally. Neither should we stand by while happen to these little kids wandering funded mandate on the children of these children pass their formative years in in- the streets; why the majority Members America who have to share resources creasing ignorance. We should not penalize think anybody is going to pick up and because the Federal Government has innocent children for the illegal actions of their go home because their bill passes, when failed to do its job of stopping illegal parents, and for the failure of the U.S. Govern- all of the studies indicate that they are immigration. ment to control our borders. wrong about that. We have got to be Let me make a second point to my I recognize that many States are carrying a able to answer these questions. friends from Texas who have been significant financial burden to educate these All of these hot speeches we have speaking. Nothing in this bill requires children. That is why I believe we must focus heard out here today, they are just fine the State of Texas to do anything. If more efforts and resources on enforcing our for getting reelected. They are not fine the State of Texas wants to pay to edu- borders to stop illegal immigrants from coming for governing the country. Everybody cate illegal immigrants, that is the to this country in the first place, and improve would like to make a speech that will right of the State of Texas. But how enforcement of immigration laws to ensure draw the applause. But I will not yield. can any Member walk on this floor, that people who initially come to this country H11106 CONGRESSIONAL RECORD — HOUSE September 25, 1996 legally do not overstay their visa. For too As public policy, the Gallegly amendment To the bill's credit, it does not force the many years, the Federal Government has is plainly abhorrent. To begin with, it would States to adopt a particular course. States failed to enforce our immigration laws, and we do absolutely nothing to counter illegal im- could choose to continue to educate illegal im- migration. Far worse, it would create by de- migrants for free, charge them nonresident tui- are paying the price for that inaction. Con- liberate design a growing underclass of illit- sequently, I believe that the Federal Govern- erate young people denied the opportunity to tionÐbut not deny them an education. ment should fully reimburse the States for the learn English, much less acquire the basic However, we must work to ensure that costs incurred for educating illegal alien chil- education required to get a job one day and some of the unanswered questions in H.R. dren. support themselves. 4134 are resolved. For example, will school I appreciate the efforts made by the gen- The disastrous social implications of the districts be required to notify the Immigration tleman from California to address the negative House-passed amendment are clear to a ma- and Naturalization Service about students and consequences of illegal immigration. However, jority of senators, including a dozen Repub- their families who are illegally in the United I strongly oppose efforts to banish any chil- licans, who have announced their opposition StatesÐeffectively making school districts into to it. Consequently, the immigration bill immigration police? What are the legal con- dren from the classroom, regardless of wheth- will not get out of Congress unless the school er they are in this country legally. I encourage provision is stripped from it. sequences if they do? Or if they don't? Will my colleagues to vote against H.R. 4134. Some GOP lawmakers would rather let the there be a uniform way that citizenship is de- However, should Congress pass this bill and bill die than give President Clinton an oppor- termined for elementary students in each the President sign it into law, I urge my State tunity to sign a measure that is popular in State? How about secondary students where it of Utah in the strongest terms to continue to vote-rich California. But Senate Republican may not be common to give proof of birth to provide a free quality education to all of our leader Trent Lott suggested Wednesday it enroll? How will schools deal with fraudulent would not be ‘‘in the best interest of the State's children. documentation and will they be held liable for country’’ to kill the measure over the admitting students with false identification? Ms. HARMAN. Mr. Speaker, earlier today, I Gallegy amendment. He’s right. saluted the bipartisan leadership of my Califor- Republicans who control a House-Senate Will there be a different standard for special nia colleague, ELTON GALLEGLY, and joined a conference committee on the bill should jet- needs children? I stand ready and willing to majority of my colleagues in voting for tough tison the education provision and get the work with my colleagues and with our Nation's measures to combat illegal immigration. We measure to the president’s desk before they State and local officials to resolve these is- voted to increase control of our borders by adjourn for the election. Among other badly sues that cannot be ignored. doubling the size of the Border Patrol, to re- needed reforms, the legislation would double I would add that ideally, the immigration and the size of the U.S. Border Patrol, stiffen move employment opportunities for undocu- national interest bill which the House just penalties for document fraud and alien smug- passed and which I hope President Clinton will mented workers, and to strengthen gling, and make it easier for employers to anticounterfeiting laws so employers can con- sign, should render H.R. 4134 unnecessary. It verify that prospective workers are legal. takes some big steps to address the problem duct fair and even-handed checks of legal sta- Also Wednesday, there were rumblings on tus. Capitol Hill that Clinton might veto the bill of illegal immigration by keeping illegal immi- Mr. Speaker, the bill before us now, to allow even if the Gallegly amendment is removed. grants and their families out of the United the States to deny public education to the chil- Several liberal Democrats are raising objec- StatesÐnot by surrendering the battle at our dren of illegal immigrants, is bad public policy. tions to other elements of the bill and urging borders and moving enforcement to the class- As the Torrance Daily Breeze editorializes: a veto. rooms of America. Vetoing this landmark legislation would be Mr. LAZIO of New York. Mr. Speaker, I rise .. . the Gallegly amendment is plainly ab- not only bad public policy but also politi- today in support of H.R. 4134, a bill that would horrent. To begin with, it would do abso- cally stupid for the White House. California lutely nothing to counter illegal immigra- merely allow the States to decide, rather than needs this sweeping reform measure—provid- the Federal Government, whether to provide a tion. Far worse, it would create by deliberate ing the punitive Gallegly amendment is dis- design a growing underclass of illiterate carded. free public education, deny public education, young people denied the opportunity to learn Mr. KOLBE. Mr. Speaker, I rise in support of or charge tuition to illegal aliens. This does not English, much less acquire the basic edu- apply to illegal aliens currently enrolled, or cation required to get a job one day and sup- H.R. 4134. Congressman GALLEGLY has raised a very important issue that Congress those who enroll prior to July 1, 1997. port themselves. I support this legislation despite my personal has too long ignored: who is responsible for Nearly every major law enforcement organi- reservations regarding the wisdom of denying educating children who illegally reside in our zation opposes this bill. They know its enact- public education to illegal immigrants. Some country? But, the bill still raises some issues ment will worsen our crime rate. Chief Tim argue that this is not the best approach to that, if never addressed, could be counter- Grimmond of the El Segundo Police told me combating illegal immigration, and that deny- productive. I will discuss those in a moment. that kicking kids out of school ``doesn't mean ing education to illegal immigrant children will The real issue at hand is that illegal immi- the families will pack up and leave * * * it will in the long run have the unintended con- gration imposes a giant unfunded mandate on leave us with kids who have nothing to do ex- sequence of perpetuating the influx of an ille- States and local school districts. Failure to cept get into trouble.'' gal immigrant underclass within our society. I stem illegal immigration is a failure of the Fed- Mr. Speaker, illegal immigration violates one have been assured by New York Governor eral Government. But the consequences of of our fundamental values: that all of us have George Pataki that New York will continue to failure are paid by State and local govern- to live and work by the same set of rules. We choose to provide a free public education to il- ments. Teachers and administrators in Tuc- should punish those who break our lawsÐthe legal immigrant children. son's public schools have told me that as parents. As Chief Gary Johansen of the Palos But what is really at issue here is who many as 40 percent of pupils in certain Verdes Estates Police Department told me, should decide whether a State educates illegal schools are illegal immigrants. California esti- the bill's focus on schoolchildren is ``simply a aliens within its State borders, the States, or mates the annual cost of educating illegal im- bad idea.'' the Federal Government. The public education I urge its defeat. migrants in that State alone at $1.8 billion. I'm of illegal immigrants is a tremendous unfunded sure State legislatures and school boards im- [From the Daily Breeze, Sept. 20, 1996] mandate on the States. Public education has pacted by illegal immigration could find better IMMIGRATION BILL IN U.S. INTEREST traditionally been within the purview of the uses for their taxpayers' hard earned dollars ENCOURAGING SIGNS FROM CAPITOL States. States should have the power to de- than spending money to educate kids here il- cide what is best for their State educational There are encouraging signs on Capitol legally. Hill that Republican leaders finally are com- systems, rather than have the Federal Gov- ing to their senses on immigration reform by Now this bill will not throw any kids out of ernment determine this for them. scuttling the repugnant Gallegly amend- school immediately, and some States may In an area where the existence of the 10th ment. choose never to avail themselves of its provi- amendment to our Constitution is being redis- The sooner, the better. sions. Rather, this bill allows States to decide covered, it is about time we trust our State Authored by Rep. Elton Gallegly, R-Simi for themselves whether to provide free public legislatures and Governors and allow them to Valley, the provision is the biggest road- education benefits to illegal immigrants who do their jobs. State capitals are closer than block to passage of a sweeping immigration are not already enrolled in public schools. Fur- bill that is critically important to Califor- Washington, DC, to the problems that exist nia. The amendment would allow states to ther, it allows illegal immigrants already in the within their respective States, and I would sug- kick an estimated 700,000 illegal-immigrant school system to receive a free public edu- gest that they are in a better position to find children out of public classrooms, leaving cation through the highest grade in their cur- the solutions. them idle on street corners and in other rent school levelÐalthough only if they remain Ms. JACKSON-LEE of Texas. Mr. Speaker, crime-prone situations. within the same school district. I rise today in strong opposition to H.R. 4134. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11107 This bill would allow States to deny public with the tragedy of a population of uneducated No matter how the Republicans try to re- education to children whose only crime is that immigrants. package it, the bill will have the same dan- their parents came to this country illegally. It sickens me to think of the discrimination gerous consequences as the original proposal. Mr. Speaker, there is a reason that this ter- that will inevitably result as parents will be This bill remains a mean-spirited attempt to rible provision was left out of the conference forced to prove that there children are indeed punish children for the actions of their parents. report on H.R. 2202, in fact there are several. legal. Unfortunately, those children who look Any money the States save from denying edu- Barring children from public schools will pose foreign will be forced to prove that they are, in cation benefits will be spent on the increased a serious burden on the community and create fact, Americans. Be assured that the children costs of crime. safety hazards. Many of these children will be whose ancestors are Irish, or British or Dutch In addition to being bad policy, the bill is un- left with nothing to do during the school hours, or French won't be asked to prove their legal- constitutional. When Texas and California posing a danger to themselves and others. It ityÐthey can easily pass as American. adopted similar provisions they were held to will be more difficult for parents to keep their Since the Civil Rights Act of 1964 was im- be unconstitutional denials of equal protection. children safe and out of mischief. Are we sug- plemented, we have made enormous strides If we enact the same policy at the Federal gesting that organized gang activity is better in our quest for an egalitarian society. This bill level it's still going to be unconstitutional. than organized public education? will only take us back to a dark period in our This bill is tough on innocent children, and This bill will create added burdens for NationÐone in which those who looked dif- is just as bad as the provision we dropped schools. Teachers and educators are nearly ferent from the majority were treated as sec- from the conference which was opposed by unanimous in opposition to changing their mis- ond-class citizens. Democrats and Republicans alike. I urge the sion from education to border enforcement. What good will it do us to leave a genera- Members to vote no. The Federal Government should not force its tion of childrenÐmost of whom were born The SPEAKER pro tempore. Pursu- responsibility to enforce immigration laws onto here and are American citizensÐuneducated, ant to House Resolution 530, the pre- our already overburdened schools. unskilled, and downright hopeless? In an era vious question is ordered. In addition, excluding children from public when we are intent on reducing crime, cutting The question is on the engrossment schools will be costly in the long run. Keeping Government spending and helping American and third reading of the bill. families strive for a better living standard, rel- children out of our schools will not magically The bill was ordered to be engrossed egating thousands of children to a lifetime of transport them elsewhere. This bill threatens and read a third time, and was read the virtual poverty as a consequence of their lack to create a class of persons within our com- third time. of education is morally reprehensible, politi- munities who have grown up in this country The SPEAKER pro tempore. The permanently hobbled by lack of formal edu- cally irresponsible and fiscally imprudent. Need I remind my colleagues of the num- question is on the passage of the bill. cation. Moreover, denial of elementary edu- bers of organizations, including every major The question was taken; and the cation is likely to scar a child's ability to per- law enforcement organization in the United Speaker pro tempore announced that form the most basic public responsibilities and States are opposed to this measure. They rec- the ‘‘ayes’’ appeared to have it. to contribute fully to society at large. It is for ognize that putting thousands of kids on the Mr. GALLEGLY. Mr. Speaker, I ob- this reason that, in the United States, edu- streets will not decrease illegal immigration but ject to the vote on the ground that a cation is compulsory, and it is a crime for a only promote crime, gangs and drugs and quorum is not present and make the parent or guardian to keep his or her children place enormous strains on the cities and point of order that a quorum is not out of school. For the same reason, elemen- countries that will be forced to deal with these present. tary education has been officially recognized problems. The SPEAKER pro tempore. Evi- as a fundamental human right, explicitly af- I ask my colleagues, Will you feed, clothe, dently a quorum is not present. firmed in the United Nations Universal Dec- house and offer work to this generation of The Sergeant at Arms will notify ab- laration of Human Rights, of which the United uneducated adults? Certainly my colleagues sent Members. States is a signatory. on the other side of the aisle have not fully in- The vote was taken by electronic de- Finally, the most logical reason of all to vote gested the ramifications of this potentially dev- vice, and there were—yeas 254, nays against this bill is that it will not impact illegal astating legislation. I urge my colleagues to 175, not voting 5, as follows: immigration. Kicking little children out of vote against H.R. 4134. [Roll No. 433] school is not one of them. This measure does Mr. CONYERS. Mr. Speaker, I rise in oppo- YEAS—254 nothing to cure illegal immigration. If some sition to this legislation granting States the op- Allard Chenoweth Forbes States have a greater need for assistance tion to deny public education to undocumented Archer Christensen Ford than others, then the Federal Government can alien children. This provision is strongly op- Armey Chrysler Fowler provide monetary assistance. Don't stand at posed by the Fraternal Order of Police and the Bachus Clement Fox the schoolhouse door to stop children from Baker (CA) Clinger Franks (CT) vast majority of law enforcement organizations Baker (LA) Coble Franks (NJ) being educated. because it will kick children out onto the Ballenger Coburn Frelinghuysen I urge all my colleagues to avoid making streets, where they are likely to become vic- Barr Collins (GA) Frisa scapegoats of innocent children under the Barrett (NE) Combest Funderburk tims ofÐor parties toÐcrime. Bartlett Condit Gallegly guise of immigration reformÐvote against As a matter of fact this bill represents yet Bass Cooley Ganske H.R. 4134. another in a long series of Republican propos- Bateman Costello Gekas Mr. KENNEDY of Rhode Island. Mr. Speak- als which are weak on crimeÐfrom trying to Bereuter Cox Geren er, I rise today to oppose H.R. 4134 on behalf Bevill Cramer Gilchrest repeal the assault weapons ban, to trying to Bilbray Crane Gillmor of a generation of children who will be left to repeal 100,000 cops on the beat, failing to ban Bilirakis Crapo Gingrich twist in the wind because they have been de- cop-killer bullets, opposing extending the Bishop Cremeans Goodlatte nied an elementary education. Brady bill to apply to domestic violence, and Bliley Cubin Goodling I agree that measures should be taken to Blute Cunningham Gordon failing to get tough on terrorists by placing Boehlert Danner Goss discourage and prevent undocumented individ- taggants in explosive materials or giving law Boehner Davis Graham uals from entering our country. I will not sup- enforcement the investigative tools they need. Bonilla Deal Greenwood port, however, any meanspirited, punitive at- The Republicans have a miserable record Bono DeLay Gutknecht Brewster Deutsch Hall (OH) tempts to secure our borders that will dev- on crime, and this bill would only make it Browder Dickey Hall (TX) astate numbers of children because of the worse by making our street more dangerous. Brownback Doolittle Hamilton sins of their parents. It's an insult to this body that we are voting Bryant (TN) Dornan Hancock Are we as a body going to reduce ourselves on this measure. If the House approves it, it Bunning Doyle Hansen Burr Dreier Hastert to mistreating little children because we are will likely die in the Senate. Even if it doesn't, Burton Duncan Hastings (WA) angry that their parents have not complied it faces certain Presidential veto. Buyer Dunn Hayes with our laws? The obvious recourse would be The only reason we are considering the bill Callahan Ehlers Hayworth to punish their parents or proactively prevent is pure politics. Republicans are trying to inject Calvert Ehrlich Hefley Camp Ensign Herger them from immigrating here unlawfully. What this divisive issue into the Presidential elec- Canady Everett Hilleary good will it do to ban their children from at- tion. Well in the closing days of this Congress Cardin Ewing Hobson tending public school? In the long run, it is the we have far better things to do than spend our Castle Fields (TX) Hoekstra Chabot Flanagan Hoke children of American citizens that will also be time on partisan political issues which are Chambliss Foley Holden punished, because they will be forced to deal going nowhere. H11108 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Horn McKeon Shaw Spratt Thurman Waxman privilege will be made at that later Hostettler Metcalf Shays Stark Torres Weller Houghton Meyers Shuster Stokes Towns White time. Hunter Mica Sisisky Studds Velazquez Williams f Hutchinson Miller (FL) Skeen Stupak Vento Wise Hyde Minge Skelton Tejeda Ward Woolsey ANNOUNCEMENT OF ADDITIONAL Inglis Montgomery Smith (MI) Thompson Waters Wynn BILL TO BE CONSIDERED UNDER Istook Moorhead Smith (NJ) Thornton Watt (NC) Yates Smith (TX) SUSPENSION OF THE RULES ON Jacobs Myers NOT VOTING—5 Johnson (SD) Myrick Smith (WA) TODAY Johnson, Sam Nethercutt Solomon Gibbons Peterson (FL) Wilson Jones Neumann Spence Heineman Peterson (MN) Mr. NETHERCUTT. Mr. Speaker, Kaptur Ney Stearns pursuant to House Resolution 525, I an- b 1743 Kasich Norwood Stenholm nounce the following suspension to be Kelly Nussle Stockman So the bill was passed. Kim Orton Stump considered today: H.R. 4167, the Profes- King Oxley Talent The result of the vote was announced sional Boxing Safety Act. Tanner as above recorded. Kingston Packard f Klink Parker Tate A motion to reconsider was laid on Klug Paxon Tauzin the table. Knollenberg Petri Taylor (MS) REMOVAL OF NAMES OF MEM- Kolbe Pickett Taylor (NC) f BERS AS COSPONSORS OF H.R. LaHood Pombo Thomas b 3559 Largent Porter Thornberry 1745 Latham Portman Tiahrt ANNOUNCEMENT OF INTENTION TO Mr. NETHERCUTT. Mr. Speaker, I LaTourette Poshard Torkildsen OFFER RESOLUTION RAISING ask unanimous consent to delete the Laughlin Pryce Torricelli following Members as cosponsors of Lazio Quillen Traficant QUESTION OF PRIVILEGES OF Lewis (CA) Radanovich Upton THE HOUSE H.R. 3559: Messrs. TRAFICANT, EHLERS, Lewis (KY) Ramstad Visclosky MCINTOSH, Ms. DUNN of Washington, Lightfoot Regula Volkmer Mr. LINDER. Mr. Speaker, Pursuant Mrs. CHENOWETH, and Mr. MCHUGH. Vucanovich Linder Riggs to clause 2, rule IX, I hereby give no- The SPEAKER. Is there objection to Lipinski Roberts Walker tice of my intention to offer a question Livingston Roemer Walsh the request of the gentleman from LoBiondo Rogers Wamp of the privileges of the House. Washington? Lucas Rohrabacher Watts (OK) Mr. Speaker, the resolution says: There was no objection. Manzullo Roth Weldon (FL) Whereas, a complaint filed against Rep- Martini Roukema Weldon (PA) f resentative Gephardt alleges House Rules Mascara Royce Whitfield McCollum Salmon Wicker have been violated by Representative Gep- PERSONAL EXPLANATION McCrery Saxton Wolf hardt’s concealment of profits gained McDade Scarborough Young (AK) through a complex series of real estate tax Mr. MASCARA. Mr. Speaker, the McHale Schaefer Young (FL) exchanges and; President was in my district this morn- McHugh Seastrand Zeliff Whereas, the complaint also alleges pos- ing for an event at Robert Morris Col- McInnis Sensenbrenner Zimmer sible violations of banking disclosure and McIntosh Shadegg lege. He gave a great address and re- campaign finance laws or regulations and; ceived a very warm welcome from the Whereas, the Committee on Standards of NAYS—175 Official Conduct has in other complex mat- people of the 20th District of Penn- Abercrombie Fazio McDermott ters involving complaints hired outside sylvania. Ackerman Fields (LA) McKinney counsel with expertise in tax laws and regu- However, as a result, I was detained Andrews Filner McNulty lations and; Baesler Flake Meehan in my district and missed several Baldacci Foglietta Meek Whereas, the Committee on Standards of votes. If I had been here, I would have Barcia Frank (MA) Menendez Official Conduct is responsible for determin- voted ‘‘no’’ on the rule for the immi- Barrett (WI) Frost Millender- ing whether Representative Gephardt’s fi- gration conference report, rollcall No. Barton Furse McDonald nancial transactions violated standards of Becerra Gejdenson Miller (CA) conduct or specific rules of the House of Rep- 430, ‘‘yes’’ on the motion to recommit, Beilenson Gephardt Mink resentatives and; rollcall No. 431, and ‘‘yes’’ on passage, Bentsen Gilman Moakley Whereas, the complaint against Represent- rollcall No. 432. Berman Gonzalez Molinari Blumenauer Green (TX) Mollohan ative Gephardt has been pending before the f Bonior Greene (UT) Moran committee for more than seven months. Borski Gunderson Morella Whereas, on Friday, September 20, 1996 the CONFERENCE REPORT ON H.R. 2977, Boucher Gutierrez Murtha ranking Democrat of the Ethics Committee, ADMINISTRATIVE DISPUTE RES- Brown (CA) Harman Nadler Representative James McDermott in a pub- OLUTION ACT OF 1996 Brown (FL) Hastings (FL) Neal lic statement suggested that cases pending Brown (OH) Hefner Oberstar before the committee in excess of 60 days be Mr. FLANAGAN (during consider- Bryant (TX) Hilliard Obey referred to an outside counsel; now be it Bunn Hinchey Olver ation of H.R. 3852) submitted the fol- Campbell Hoyer Ortiz Resolved that the committee on Standards lowing conference report and state- Chapman Jackson (IL) Owens of Official Conduct is authorized and di- ment on the bill (H.R. 2977) to reau- Clay Jackson-Lee Pallone rected to hire a special counsel to assist in thorize alternative means of dispute Clayton (TX) Pastor the investigation of the charges filed against Clyburn Jefferson Payne (NJ) the Democrat Leader Representative Rich- resolution in the Federal administra- Coleman Johnson (CT) Payne (VA) ard Gephardt. tive process, and for other purposes: Collins (IL) Johnson, E.B. Pelosi Resolved that all relevant materials pre- CONFERENCE REPORT (H. REPT. 104–841) Collins (MI) Johnston Pomeroy sented to, or developed by, the committee to Conyers Kanjorski Quinn The committee of conference on the dis- date on the complaint be submitted to a spe- Coyne Kennedy (MA) Rahall agreeing votes of the two Houses on the cial counsel, for review and recommendation Cummings Kennedy (RI) Rangel amendments of the Senate to the bill (H.R. de la Garza Kennelly Reed to determine whether the committee should 2977), to reauthorize alternative means of DeFazio Kildee Richardson proceed to a preliminary inquiry. DeLauro Kleczka Rivers dispute resolution in the Federal administra- Dellums LaFalce Ros-Lehtinen The SPEAKER pro tempore (Mr. tive process, and for other purposes, having Diaz-Balart Lantos Rose HANSEN). Under rule IX, a resolution met, after full and free conference, have Dicks Leach Roybal-Allard offered from the floor by a Member agreed to recommend and do recommend to Dingell Levin Rush other than the majority leader or the their respective Houses as follows: Dixon Lewis (GA) Sabo That the House recede from its disagree- Doggett Lincoln Sanders minority leader as a question of the ment to the amendment of the Senate to the Dooley Lofgren Sanford privileges of the House has immediate text of the bill and agree to the same with an Durbin Longley Sawyer precedence only at a time or place des- Edwards Lowey Schiff amendment as follows: Engel Luther Schroeder ignated by the Chair in the legislative In lieu of the matter proposed to be in- English Maloney Schumer schedule within 2 legislative days. The serted by the Senate amendment, insert the Eshoo Manton Scott Chair will announce that designation following: Evans Markey Serrano at a later time. Farr Martinez Skaggs SECTION 1. SHORT TITLE. Fattah Matsui Slaughter A determination as to whether the This Act may be cited as the ‘‘Administrative Fawell McCarthy Souder resolution constitutes a question of Dispute Resolution Act of 1996’’. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11109 SEC. 2. AMENDMENT TO DEFINITIONS. SEC. 6. AMENDMENTS TO THE CONTRACT DIS- issue in controversy through binding arbitra- Section 571 of title 5, United States Code, is PUTES ACT. tion.’’. amended— Section 6 of the Contract Disputes Act of 1978 SEC. 9. PERMANENT AUTHORIZATION OF THE AL- (1) in paragraph (3)— (41 U.S.C. 605) is amended— TERNATIVE DISPUTE RESOLUTION (A) by striking ‘‘, in lieu of an adjudication as (1) in subsection (d) by striking the second PROVISIONS OF TITLE 5, UNITED defined in section 551(7) of this title,’’; sentence and inserting: ‘‘The contractor shall STATES CODE. (B) by striking ‘‘settlement negotiations,’’; certify the claim when required to do so as pro- The Administrative Dispute Resolution Act and vided under subsection (c)(1) or as otherwise re- (Public Law 101–552; 104 Stat. 2747; 5 U.S.C. 571 (C) by striking ‘‘and arbitration’’ and insert- quired by law.’’; and note) is amended by striking section 11. ing ‘‘arbitration, and use of ombuds’’; and (2) in subsection (e) by striking the first sen- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (2) in paragraph (8)— tence. (a) IN GENERAL.—Subchapter IV of title 5, (A) in subparagraph (B) by striking ‘‘deci- SEC. 7. AMENDMENTS ON ACQUIRING NEUTRALS. United States Code, is amended by adding at the sion,’’ and inserting ‘‘decision;’’; and (a) EXPEDITED HIRING OF NEUTRALS.— end thereof the following new section: (B) by striking the matter following subpara- (1) COMPETITIVE REQUIREMENTS IN DEFENSE ‘‘§ 584. Authorization of appropriations graph (B). AGENCY CONTRACTS.—Section 2304(c)(3)(C) of ‘‘There are authorized to be appropriated SEC. 3. AMENDMENTS TO CONFIDENTIALITY PRO- title 10, United States Code, is amended by strik- such sums as may be necessary to carry out the VISIONS. ing ‘‘agency, or’’ and inserting ‘‘agency, or to purposes of this subchapter.’’. (a) LIMITATION OF CONFIDENTIALITY APPLICA- procure the services of an expert or neutral for (b) TECHNICAL AND CONFORMING AMEND- TION TO COMMUNICATION.—Subsections (a) and use’’. MENT.—The table of sections for chapter 5 of (b) of section 574 of title 5, United States Code, (2) COMPETITIVE REQUIREMENTS IN FEDERAL title 5, United States Code, is amended by insert- are each amended in the matter before para- CONTRACTS.—Section 303(c)(3)(C) of the Federal ing after the item relating to section 583 the fol- graph (1) by striking ‘‘any information concern- Property and Administrative Services Act of 1949 lowing: ing’’. (41 U.S.C. 253(c)(3)(C)), is amended by striking ‘‘584. Authorization of appropriations.’’. (b) DISPUTE RESOLUTION COMMUNICATION.— ‘‘agency, or’’ and inserting ‘‘agency, or to pro- SEC. 11. REAUTHORIZATION OF NEGOTIATED Section 574(b)(7) of title 5, United States Code, is cure the services of an expert or neutral for RULEMAKING ACT OF 1990. amended to read as follows: use’’. (a) PERMANENT REAUTHORIZATION.—Section 5 ‘‘(7) except for dispute resolution communica- (b) REFERENCES TO THE ADMINISTRATIVE CON- of the Negotiated Rulemaking Act of 1990 (Pub- tions generated by the neutral, the dispute reso- FERENCE OF THE UNITED STATES.—Section 573 of lic Law 101–648; 5 U.S.C. 561 note) is repealed. lution communication was provided to or was title 5, United States Code, is amended— (b) CLOSURE OF ADMINISTRATIVE CON- available to all parties to the dispute resolution (1) by striking subsection (c) and inserting the FERENCE.— proceeding.’’. following: (1) IN GENERAL.—Section 569 of title 5, United (c) ALTERNATIVE CONFIDENTIALITY PROCE- ‘‘(c) The President shall designate an agency States Code, is amended— DURES.—Section 574(d) of title 5, United States or designate or establish an interagency commit- (A) by amending the section heading to read Code, is amended— tee to facilitate and encourage agency use of as follows: (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and dispute resolution under this subchapter. Such ‘‘§ 569. Encouraging negotiated rulemaking’’; (2) by adding at the end thereof the following agency or interagency committee, in consulta- and new paragraph: tion with other appropriate Federal agencies ‘‘(2) To qualify for the exemption established and professional organizations experienced in (B) by striking subsections (a) through (g) under subsection (j), an alternative confidential matters concerning dispute resolution, shall— and inserting the following: procedure under this subsection may not provide ‘‘(1) encourage and facilitate agency use of al- ‘‘(a) The President shall designate an agency for less disclosure than the confidential proce- ternative means of dispute resolution; and or designate or establish an interagency commit- dures otherwise provided under this section.’’. ‘‘(2) develop procedures that permit agencies tee to facilitate and encourage agency use of ne- gotiated rulemaking. An agency that is consid- (d) EXEMPTION FROM DISCLOSURE BY STAT- to obtain the services of neutrals on an expe- ering, planning, or conducting a negotiated UTE.—Section 574 of title 5, United States Code, dited basis.’’; and is amended by amending subsection (j) to read (2) in subsection (e) by striking ‘‘on a roster rulemaking may consult with such agency or as follows: established under subsection (c)(2) or a roster committee for information and assistance. ‘‘(b) To carry out the purposes of this sub- ‘‘(j) A dispute resolution communication maintained by other public or private organiza- chapter, an agency planning or conducting a which is between a neutral and a party and tions, or individual’’. negotiated rulemaking may accept, hold, admin- which may not be disclosed under this section SEC. 8. ARBITRATION AWARDS AND JUDICIAL RE- ister, and utilize gifts, devises, and bequests of shall also be exempt from disclosure under sec- VIEW. property, both real and personal if that agen- tion 552(b)(3).’’. (a) ARBITRATION AWARDS.—Section 580 of title cy’s acceptance and use of such gifts, devises, or SEC. 4. AMENDMENT TO REFLECT THE CLOSURE 5, United States Code, is amended— bequests do not create a conflict of interest. OF THE ADMINISTRATIVE CON- (1) by striking subsections (c), (f), and (g); FERENCE. Gifts and bequests of money and proceeds from and sales of other property received as gifts, devises, (a) PROMOTION OF ADMINISTRATIVE DISPUTE (2) by redesignating subsections (d) and (e) as or bequests shall be deposited in the Treasury RESOLUTIONS.—Section 3(a)(1) of the Adminis- subsections (c) and (d), respectively. and shall be disbursed upon the order of the trative Dispute Resolution Act (5 U.S.C. 571 (b) JUDICIAL AWARDS.—Section 581(d) of title head of such agency. Property accepted pursu- note; Public Law 101–552; 104 Stat. 2736) is 5, United States Code, is amended— ant to this section, and the proceeds thereof, amended to read as follows: (1) by striking ‘‘(1)’’ after ‘‘(b)’’; and shall be used as nearly as possible in accordance ‘‘(1) consult with the agency designated by, or (2) by striking paragraph (2). with the terms of the gifts, devises, or be- the interagency committee designated or estab- (c) AUTHORIZATION OF ARBITRATION.—Section quests.’’. lished by, the President under section 573 of title 575 of title 5, United States Code, is amended— (2) TECHNICAL AND CONFORMING AMEND- 5, United States Code, to facilitate and encour- (1) in subsection (a)(2), by striking ‘‘Any’’ and MENT.—The table of sections for chapter 5 of age agency use of alternative dispute resolution inserting ‘‘The’’; title 5, United States Code, is amended by strik- under subchapter IV of chapter 5 of such title; (2) in subsection (a)(2), by adding at the end ing the item relating to section 569 and inserting and’’. the following: ‘‘Each such arbitration agreement the following: (b) COMPILATION OF INFORMATION.— shall specify a maximum award that may be is- ‘‘569. Encouraging negotiated rulemaking.’’. (1) IN GENERAL.—Section 582 of title 5, United sued by the arbitrator and may specify other States Code, is repealed. conditions limiting the range of possible out- (c) EXPEDITED HIRING OF CONVENORS AND (2) TECHNICAL AND CONFORMING AMEND- comes.’’; FACILITATORS.— MENT.—The table of sections for chapter 5 of (3) in subsection (b)— (1) DEFENSE AGENCY CONTRACTS.—Section title 5, United States Code, is amended by strik- (A) by striking ‘‘may offer to use arbitration 2304(c)(3)(C) of title 10, United States Code, is ing the item relating to section 582. for the resolution of issues in controversy, if’’ amended by inserting ‘‘or negotiated rule- (c) FEDERAL MEDIATION AND CONCILIATION and inserting ‘‘shall not offer to use arbitration making’’ after ‘‘alternative dispute resolution’’. SERVICE.—Section 203(f) of the Labor Manage- for the resolution of issues in controversy un- (2) FEDERAL CONTRACTS.—Section 303(c)(3)(C) ment Relations Act, 1947 (29 U.S.C. 173(f)) is less’’; and of the Federal Property and Administrative amended by striking ‘‘the Administrative Con- (B) by striking in paragraph (1) ‘‘has author- Services Act of 1949 (41 U.S.C. 253(c)(3)(C)), is ference of the United States and other agencies’’ ity’’ and inserting ‘‘would otherwise have au- amended by inserting ‘‘or negotiated rule- and inserting ‘‘the agency designated by, or the thority’’; and making’’ after ‘‘alternative dispute resolution’’. interagency committee designated or established (4) by adding at the end the following: (d) AUTHORIZATION OF APPROPRIATIONS.— by, the President under section 573 of title 5, ‘‘(c) Prior to using binding arbitration under (1) IN GENERAL.—Subchapter III of title 5, United States Code,’’. this subchapter, the head of an agency, in con- United States Code, is amended by adding at the end thereof the following new section: SEC. 5. AMENDMENTS TO SUPPORT SERVICES sultation with the Attorney General and after PROVISION. taking into account the factors in section 572(b), ‘‘§ 570a. Authorization of appropriations Section 583 of title 5, United States Code, is shall issue guidance on the appropriate use of ‘‘There are authorized to be appropriated amended by inserting ‘‘State, local, and tribal binding arbitration and when an officer or em- such sums as may be necessary to carry out the governments,’’ after ‘‘other Federal agencies,’’. ployee of the agency has authority to settle an purposes of this subchapter.’’. H11110 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(2) TECHNICAL AND CONFORMING AMEND- orders that have been issued by a court in con- and a neutral or a neutral and a party that MENT.—The table of sections for chapter 5 of nection with an action within the jurisdiction of meets the requirements for confidentiality title 5, United States Code, is amended by insert- that court on the day before the effective date of in section 574 is also exempt from disclosure ing after the item relating to section 570 the fol- this section. Such orders shall continue in effect under FOIA. In addition, a dispute resolution lowing: according to their terms until modified, termi- communication originating from a neutral ‘‘570a. Authorization of appropriations.’’. nated, superseded, set aside, or revoked by a and provided to all of the parties, such as Early Neutral Evaluation, is protected from (e) NEGOTIATED RULEMAKING COMMITTEES.— court of competent jurisdiction or by operation The Director of the Office of Management and of law. discovery under 574(b)(7) and from disclosure Budget shall— (2) PROCEEDINGS AND APPLICATIONS.—(A) The under FOIA. A dispute resolution commu- (1) within 180 days of the date of the enact- amendments made by this section shall not af- nication originating from a party to a party ment of this Act, take appropriate action to ex- fect the jurisdiction of a court of the United or parties is not protected from disclosure by pedite the establishment of negotiated rule- States to continue with any proceeding that is the ADR Act. making committees and committees established pending before the court on the day before the The Managers recognize that the intent of to resolve disputes under the Administrative effective date of this section. the Conference Agreement not to exempt Dispute Resolution Act, including, with respect (B) Orders may be issued in any such proceed- from disclosure under FOIA a dispute resolu- to negotiated rulemaking committees, eliminat- ing, appeals may be taken therefrom, and pay- tion communication given by one party to ing any redundant administrative requirements ments may be made pursuant to such orders, as another party could be easily thwarted if a related to filing a committee charter under sec- if this section had not been enacted. An order is- neutral in receipt of a dispute resolution tion 9 of the Federal Advisory Committee Act (5 sued in any such proceeding shall continue in communication agrees with a party to in U.S.C. App.) and providing public notice of effect until modified, terminated, superseded, set turn pass the communication on to another such committee under section 564 of title 5, Unit- aside, or revoked by a court of competent juris- party. It is the intent of the Managers that ed States Code; and diction or by operation of law. if the neutral attempts to circumvent the (2) within one year of the date of the enact- (C) Nothing in this paragraph prohibits the prohibitions of the ADR Act in this manner, ment of this Act, submit recommendations to discontinuance or modification of any such pro- the exemption from FOIA would not apply. As with all other FOIA exemptions, the ex- Congress for any necessary legislative changes. ceeding under the same terms and conditions and to the same extent that such proceeding emption created by section 574(j) is to be SEC. 12. JURISDICTION OF THE UNITED STATES construed narrowly. The Managers would not COURT OF FEDERAL CLAIMS: PRO- could have been discontinued or modified if this CUREMENT PROTESTS. section had not been enacted. expect the parties to use the new exemption (a) PROCUREMENT PROTESTS.— (d) EFFECTIVE DATE.—This section and the as a mere sham to exempt information from (1) TERMINATION OF JURISDICTION OF DISTRICT amendments made by this section shall take ef- FOIA. Thus, for example, we would not ex- COURTS.—Section 1491 of title 28, United States fect on December 31, 1996. pect litigants to resort to ADR principally as Code, is amended— And the Senate agree to the same. a means of taking advantage of the new ex- (A) by redesignating subsection (b) as sub- That the Senate recede from its amend- emption. In such a case the new exemption section (d) and by striking ‘‘(d)’’ and inserting ment to the title of the bill. would not apply. ‘‘(d) EXCLUSIVE JURISDICTION OF OTHER TRIBU- Section 7—Senate recedes to House with a HENRY HYDE, NALS.—’’; modification. This section requires the GEORGE W. GEKAS, (B) in subsection (a)— President to designate an agency or to des- (i) by striking ‘‘(a)(1)’’ and inserting ‘‘(a) MICHAEL PATRICK ignate or establish an interagency commit- FLANAGAN, CLAIMS AGAINST THE UNITED STATES.—’’; tee to facilitate and encourage the use of al- (ii) in paragraph (2), by striking ‘‘(2) To’’ and JOHN CONYERS, JR., ternative dispute resolution. The Managers inserting ‘‘(b) REMEDY AND RELIEF.—To’’; and JACK REED, encourage the President to designate the (iii) by striking paragraph (3); and Managers on the Part of the House. same entity under this provision as is des- (C) by inserting after subsection (b), as des- TED STEVENS, ignated under section 11 (regarding Nego- ignated by paragraph (1)(B)(ii), the following BILL COHEN, tiated Rulemaking). This would promote the new subsection (c): CHUCK GRASSLEY, coordination of policies, enhance institu- ‘‘(c) PROCUREMENT PROTESTS.—(1) The United JOHN GLENN, tional memory on the relevant issues, and States Court of Federal Claims has exclusive ju- CARL LEVIN, make more efficient the use of ADR and Ne- risdiction to render judgment on an action by Managers on the Part of the Senate. gotiated Rulemaking. an interested party objecting to a solicitation by Section 8—House recedes to Senate amend- JOINT EXPLANATORY STATEMENT OF a Federal agency for procurements or proposals ment with modifications. This section per- THE COMMITTEE OF CONFERENCE for a proposed contract or to a proposed award mits the use of binding arbitration under or the award of a contract. The court has juris- The managers on the part of the House and certain conditions, and clarifies that an diction to entertain such an action without re- the Senate at the conference on the disagree- agency cannot exceed its otherwise applica- gard to whether suit is instituted before or after ing votes of the two Houses on the amend- ble settlement authority in alternative dis- the contract is awarded. ments of the Senate to the bill (H.R. 2977) to pute resolution proceedings. ‘‘(2) To afford relief in such an action, the reauthorize alternative means of dispute res- The head of an agency that is a party to an court may award any relief that the court con- olution in the Federal administrative proc- arbitration proceeding will no longer have siders proper, including declaratory and injunc- ess, and for other purposes, submit the fol- the authority to terminate the proceeding or tive relief. lowing joint statement to the House and the vacate any award under 5 U.S.C. section 580. ‘‘(3) In exercising jurisdiction under this sub- Senate in explanation of the effect of the ac- However, it is the Managers’ intent that an section, the court shall give due regard to the tion agreed upon by the managers and rec- arbitrator shall not grant an award that is interests of national defense and national secu- ommended in the accompanying conference inconsistent with law. In addition, prior to rity and the need for expeditious resolution of report: the use of binding arbitration, the head of the action. The Senate amendment to the text of the each agency, in consultation with the Attor- ‘‘(4) In any action under this subsection, the bill struck all of the House bill after the en- ney General, must issue guidelines on the court shall review the agency’s decision pursu- acting clause and inserted a substitute text. use and limitations of binding arbitration. ant to the standards set forth in section 706 of The House recedes from its disagreement Section 11—House recedes to Senate title 5, United States Code.’’. to the amendment of the Senate with an amendment with modifications. This section (2) CLERICAL AMENDMENTS.— amendment that is a substitute for the permanently reauthorizes the Negotiated (A) SECTION HEADING.—The heading of such House bill and the Senate amendment. The Rulemaking Act of 1990. The President is re- section is amended by inserting ‘‘procurement differences between the House bill, the Sen- quired to designate an agency or interagency protests;’’ after ‘‘generally;’’. ate amendment, and the substitute agreed to committee to facilitate and encourage the (B) TABLE OF SECTIONS.—The table of sections in conference are noted below, except for use of negotiated rulemaking. at the beginning of chapter 91 of title 28, United clerical corrections, conforming changes In addition, this section requires the Direc- States Code, is amended by striking the item re- made necessary by agreements reached by tor of the Office of Management and Budget lating to section 1491 and inserting the follow- the conferees, and minor drafting and cleri- to take action to expedite the establishment ing: cal changes. of negotiated rulemaking committees and ‘‘1491. Claims against United States generally; The conferees incorporate by reference in committees to resolve disputes under the Ad- procurement protests; actions in- this Statement of Managers the legislative ministrative Dispute Resolution Act. It is volving Tennessee Valley Author- history reflected in both House Report 104– the understanding of the Managers that the ity.’’. 597 and Senate Report 104–245. To the extent Federal Advisory Committee Act (FACA) ap- (b) NONEXCLUSIVITY OF GAO REMEDIES.—Sec- not otherwise inconsistent with the con- plies to proceedings under the Negotiated tion 3556 of title 31, United States Code, is ference agreement, those reports give expres- Rulemaking Act, but does not apply to pro- amended by striking ‘‘a district court of the sion to the intent of the conferees. ceedings under the Administrative Dispute United States or’’ in the first sentence. Section 3—House recedes to Senate amend- Resolution Act. The Director also is required (c) SAVINGS PROVISIONS.— ment with modifications. This section clari- to submit recommendations to Congress for (1) ORDERS.—The amendments made by this fies that, under 5 U.S.C. section 574, a dispute any necessary legislative changes within one section shall not terminate the effectiveness of resolution communication between a party year after enactment. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11111

The Managers deleted language in para- TITLE I—IMPORTATION OF METH- (c) PENALTIES.—Section 1010(d) of the Con- graph (b)(1)(B) determining that property ac- AMPHETAMINE AND PRECURSOR trolled Substances Import and Export Act (21 cepted under this section shall be considered CHEMICALS U.S.C. 960(d)) is amended— a gift to the United States for federal tax Sec. 101. Support for international efforts to (1) in paragraph (5), by striking ‘‘or’’ at the purposes because the Managers determined control drugs. end; that the language merely repeated current Sec. 102. Penalties for manufacture of listed (2) in paragraph (6), by striking the comma law. chemicals outside the United at the end and inserting ‘‘; or’’; and Secton 12—House recedes to Senate amend- States with intent to import (3) by adding at the end the following: ment with modifications. This section con- them into the United States. ‘‘(7) manufactures, possesses with intent to solidates federal court jurisdiction for pro- distribute, or distributes a listed chemical in TITLE II—PROVISIONS TO CONTROL THE curement protest cases in the Court of Fed- violation of section 959 of this title.’’. eral Claims. Previously, in addition to the MANUFACTURE OF METHAMPHETAMINE TITLE II—PROVISIONS TO CONTROL THE jurisdiction exercised by the Court of Fed- Sec. 201. Seizure and forfeiture of regulated MANUFACTURE OF METHAMPHETAMINE eral Claims, certain procurement protest chemicals. cases were subject to review in the federal Sec. 202. Study and report on measures to SEC. 201. SEIZURE AND FORFEITURE OF REGU- district courts. The grant of exclusive fed- prevent sales of agents used in LATED CHEMICALS. eral court jurisdiction to the Court of Fed- methamphetamine production. (a) PENALTIES FOR SIMPLE POSSESSION.— eral Claims does not affect in any way the Sec. 203. Increased penalties for manufac- Section 404 of the Controlled Substances Act authority of the Comptroller General to re- ture and possession of equip- (21 U.S.C. 844) is amended— view procurement protests pursuant to Chap- ment used to make controlled (1) in subsection (a)— ter 35 of Title 31, U.S. Code. substances. (A) by adding after the first sentence the This section also applies the Administra- Sec. 204. Addition of iodine and hydrochloric following: ‘‘It shall be unlawful for any per- tive Procedure Act standard of review pre- gas to list II. son knowingly or intentionally to possess viously applied by the district courts (5 Sec. 205. Civil penalties for firms that sup- any list I chemical obtained pursuant to or U.S.C. sec. 706) to all procurement protest ply precursor chemicals. under authority of a registration issued to cases in the Court of Federal Claims. It is Sec. 206. Injunctive relief. that person under section 303 of this title or the intention of the Managers to give the Sec. 207. Restitution for cleanup of clandes- section 1008 of title III if that registration Court of Federal Claims exclusive jurisdic- tine laboratory sites. has been revoked or suspended, if that reg- tion over the full range of procurement pro- Sec. 208. Record retention. istration has expired, or if the registrant has test cases previously subject to review in the Sec. 209. Technical amendments. ceased to do business in the manner con- federal district courts and the Court of Fed- Sec. 210. Withdrawal of regulations. templated by his registration.’’; and eral Claims. This section is not intended to TITLE III—INCREASED PENALTIES FOR (B) by striking ‘‘drug or narcotic’’ and in- affect the jurisdiction or standards applied TRAFFICKING AND MANUFACTURE OF serting ‘‘drug, narcotic, or chemical’’ each by the Court of Federal Claims in any other METHAMPHETAMINE AND PRECUR- place it appears; and area of the law. SORS (2) in subsection (c), by striking ‘‘drug or narcotic’’ and inserting ‘‘drug, narcotic, or HENRY HYDE, Sec. 301. Trafficking in methamphetamine chemical’’. penalty increases. GEORGE W. GEKAS, (b) FORFEITURES.—Section 511(a) of the MICHAEL PATRICK Sec. 302. Penalty increases for trafficking in Controlled Substances Act (21 U.S.C. 881(a)) FLANAGAN, listed chemicals. is amended— JOHN CONYERS, JR., Sec. 303. Enhanced penalty for dangerous (1) in paragraphs (2) and (6), by inserting JACK REED, handling of controlled sub- ‘‘or listed chemical’’ after ‘‘controlled sub- Managers on the Part of the House. stances: amendment of sentenc- stance’’ each place it appears; and ing guidelines. TED STEVENS, (2) in paragraph (9), by— TITLE IV—LEGAL MANUFACTURE, DIS- BILL COHEN, (A) inserting ‘‘dispensed, acquired,’’ after TRIBUTION, AND SALE OF PRECURSOR CHUCK GRASSLEY, ‘‘distributed,’’ both places it appears; and CHEMICALS JOHN GLENN, (B) striking ‘‘a felony provision of’’. CARL LEE, Sec. 401. Diversion of certain precursor (c) SEIZURE.—Section 607 of the Tariff Act Managers on the Part of the Senate. chemicals. of 1930 (19 U.S.C. 1607) is amended— f Sec. 402. Mail order restrictions. (1) in subsection (a)(3), by inserting ‘‘or TITLE V—EDUCATION AND RESEARCH listed chemical’’ after ‘‘controlled sub- ANNOUNCEMENT BY THE SPEAKER stance’’; and Sec. 501. Interagency methamphetamine PRO TEMPORE (2) by amending subsection (b) to read as task force. follows: The SPEAKER pro tempore. Pursu- Sec. 502. Public health monitoring. ‘‘(b) As used in this section, the terms ant to the provisions of clause 5 of rule Sec. 503. Public-private education program. ‘controlled substance’ and ‘listed chemical’ I, the Chair announces that he will Sec. 504. Suspicious orders task force. have the meaning given such terms in sec- postpone further proceedings on each TITLE I—IMPORTATION OF METH- tion 102 of the Controlled Substances Act (21 motion to suspend the rules on which a AMPHETAMINE AND PRECURSOR U.S.C. 802).’’. recorded vote or the yeas and nays are CHEMICALS SEC. 202. STUDY AND REPORT ON MEASURES TO ordered, or on which the vote is ob- SEC. 101. SUPPORT FOR INTERNATIONAL EF- PREVENT SALES OF AGENTS USED FORTS TO CONTROL DRUGS. IN METHAMPHETAMINE PRODUC- jected to under clause 4 of rule XV. TION. Such rollcall votes, if postponed, will The Attorney General, in consultation with the Secretary of State, shall coordinate (a) STUDY.—The Attorney General of the be taken tomorrow. international drug enforcement efforts to de- United States shall conduct a study on pos- f crease the movement of methamphetamine sible measures to effectively prevent the di- version of red phosphorous, iodine, hydro- COMPREHENSIVE METHAMPHET- and methamphetamine precursors into the United States. chloric gas, and other agents for use in the AMINE CONTROL ACT OF 1996 SEC. 102. PENALTIES FOR MANUFACTURE OF production of methamphetamine. Nothing in Mr. MCCOLLUM. Mr. Speaker, I LISTED CHEMICALS OUTSIDE THE this section shall preclude the Attorney Gen- move to suspend the rules and pass the UNITED STATES WITH INTENT TO eral from taking any action the Attorney bill (H.R. 3852) to prevent the illegal IMPORT THEM INTO THE UNITED General already is authorized to take with STATES. regard to the regulation of listed chemicals manufacturing and use of methamphet- (a) UNLAWFUL IMPORTATION.—Section under current law. amine, as amended. 1009(a) of the Controlled Substances Import (b) REPORT.—Not later than January 1, The Clerk read as follows: and Export Act (21 U.S.C. 959(a)) is amend- 1998, the Attorney General shall submit a re- H.R. 3852 ed— port to the Congress of its findings pursuant Be it enacted by the Senate and House of Rep- (1) in the matter before paragraph (1), by to the study conducted under subsection (a) resentatives of the United States of America in inserting ‘‘or listed chemical’’ after ‘‘sched- on the need for and advisability of preven- Congress assembled, ule I or II’’; and tive measures. SECTION 1. SHORT TITLE AND TABLE OF CON- (2) in paragraphs (1) and (2), by inserting (c) CONSIDERATIONS.—In developing rec- TENTS. ‘‘or chemical’’ after ‘‘substance’’. ommendations under subsection (b), the At- (a) SHORT TITLE.—This Act may be cited as (b) UNLAWFUL MANUFACTURE OR DISTRIBU- torney General shall consider— the ‘‘Comprehensive Methamphetamine Con- TION.—Paragraphs (1) and (2) of section (1) the use of red phosphorous, iodine, hy- trol Act of 1996’’. 1009(b) of the Controlled Substances Import drochloric gas, and other agents in the ille- (b) TABLE OF CONTENTS.—The table of con- and Export Act (21 U.S.C. 959(b)) are amend- gal manufacture of methamphetamine; tents for this Act is as follows: ed by inserting ‘‘or listed chemical’’ after (2) the use of red phosphorous, iodine, hy- Sec. 1. Short title and table of contents. ‘‘controlled substance’’. drochloric gas, and other agents for legal H11112 CONGRESSIONAL RECORD — HOUSE September 25, 1996 purposes, and the impact any regulations trolled substance or a listed chemical, in vio- ‘‘(2) order the defendant to reimburse the may have on these purposes; and lation of this title or title III, with reckless United States for the costs incurred by the (3) comments and recommendations from disregard for the illegal uses to which such a United States for the cleanup associated law enforcement, manufacturers of such laboratory supply will be put. with the manufacture of methamphetamine chemicals, and the consumers of such chemi- As used in paragraph (11), the term ‘labora- by the defendant; and cals for legal purposes. tory supply’ means a listed chemical or any ‘‘(3) order restitution to any person injured SEC. 203. INCREASED PENALTIES FOR MANUFAC- chemical, substance, or item on a special as a result of the offense as provided in sec- TURE AND POSSESSION OF EQUIP- surveillance list published by the Attorney tion 3663 of title 18, United States Code.’’. MENT USED TO MAKE CONTROLLED General, which contains chemicals, products, SEC. 208. RECORD RETENTION. SUBSTANCES. materials, or equipment used in the manu- Section 310(a)(1) of the Controlled Sub- (a) IN GENERAL.—Section 403(d) of the Con- facture of controlled substances and listed stances Act (21 U.S.C. 830(a)(1)) is amended trolled Substances Act (21 U.S.C. 843(d)) is chemicals. For purposes of paragraph (11), by striking the dash after ‘‘transaction’’ and amended— there is a rebuttable presumption of reckless subparagraphs (A) and (B) and inserting ‘‘for (1) by striking ‘‘(d) Any person’’ and insert- disregard at trial if the Attorney General no- two years after the date of the transaction.’’. ing ‘‘(d)(1) Except as provided in paragraph tifies a firm in writing that a laboratory sup- SEC. 209. TECHNICAL AMENDMENTS. (2), any person’’; and ply sold by the firm, or any other person or Section 102 of the Controlled Substances (2) by adding at the end the following: firm, has been used by a customer, or distrib- Act (21 U.S.C. 802) is amended— ‘‘(2) Any person who violates paragraph (6) uted further by that customer, for the un- (1) in paragraph (34), by amending subpara- or (7) of subsection (a), if the controlled sub- lawful production of controlled substances or graphs (P), (S), and (U) to read as follows: stance is methamphetamine, shall be sen- listed chemicals a firm distributes and 2 ‘‘(P) Isosafrole. tenced to a term of imprisonment of not weeks or more after the notification the no- ‘‘(S) N-Methylephedrine. more than 10 years, a fine under title 18, tified firm distributes a laboratory supply to ‘‘(U) Hydriodic acid.’’; and United States Code, or both; except that if the customer.’’. (2) in paragraph (35), by amending subpara- any person commits such a violation after (b) CIVIL PENALTY.—Section 402(c)(2) of the one or more prior convictions of that per- Controlled Substances Act (21 U.S.C. graph (G) to read as follows: son— 842(c)(2)) is amended by adding at the end the ‘‘(G) 2-Butanone (or Methyl Ethyl Ke- ‘‘(A) for a violation of paragraph (6) or (7) following: tone).’’. of subsection (a); ‘‘(C) In addition to the penalties set forth SEC. 210. WITHDRAWAL OF REGULATIONS. ‘‘(B) for a felony under any other provision elsewhere in this title or title III, any busi- The final rule concerning removal of ex- of this subchapter or subchapter II of this ness that violates paragraph (11) of sub- emption for certain pseudoephedrine prod- chapter; or section (a) shall, with respect to the first ucts marketed under the Federal Food, Drug, ‘‘(C) under any other law of the United such violation, be subject to a civil penalty and Cosmetic Act published in the Federal States or any State relating to controlled of not more than $250,000, but shall not be Register on August 7, 1996 (61 FR 40981–40993) substances or listed chemicals, subject to criminal penalties under this sec- is null and void and of no force or effect. has become final, such person shall be sen- tion, and shall, for any succeeding violation, TITLE III—INCREASED PENALTIES FOR tenced to a term of imprisonment of not be subject to a civil fine of not more than TRAFFICKING AND MANUFACTURE OF more than 20 years, a fine under title 18, $250,000 or double the last previously imposed METHAMPHETAMINE AND PRECURSORS penalty, whichever is greater.’’. United States Code, or both.’’. SEC. 301. TRAFFICKING IN METHAMPHETAMINE (b) SENTENCING COMMISSION.—The United SEC. 206. INJUNCTIVE RELIEF. PENALTY INCREASES. States Sentencing Commission shall amend (a) TEN-YEAR INJUNCTION MAJOR OF- (a) CONTROLLED SUBSTANCES ACT.— the sentencing guidelines to ensure that the FENSES.—Section 401(f) of the Controlled (1) LARGE AMOUNTS.—Section manufacture of methamphetamine in viola- Substances Act (21 U.S.C. 841(f)) is amended 401(b)(1)(A)(viii) of the Controlled Substances tion of section 403(d)(2) of the Controlled by— Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended Substances Act, as added by subsection (a), (1) inserting ‘‘manufacture, exportation,’’ by— is adequately punished. after ‘‘distribution,’’; and (A) striking ‘‘100 grams or more of meth- (c) TECHNICAL AMENDMENT.—Section 403(d) (2) striking ‘‘regulated’’. amphetamine,’’ and inserting ‘‘50 grams or of the Controlled Substances Act (21 U.S.C. (b) TEN-YEAR INJUNCTION OTHER OF- more of methamphetamine,’’; and 843(d)) is amended— FENSES.—Section 403 of the Controlled Sub- (B) striking ‘‘1 kilogram or more of a mix- (1) by striking ‘‘of not more than $30,000’’ stances Act (21 U.S.C. 843) is amended— ture or substance containing a detectable and inserting ‘‘under title 18, United States (1) in subsection (e), by— amount of methamphetamine’’ and inserting Code’’; and (A) inserting ‘‘manufacture, exportation,’’ ‘‘500 grams or more of a mixture or sub- (2) by striking ‘‘of not more than $60,000’’ after ‘‘distribution,’’; and stance containing a detectable amount of and inserting ‘‘under title 18, United States (B) striking ‘‘regulated’’; and methamphetamine’’. (2) by adding at the end the following: Code’’. (2) SMALLER AMOUNTS.—Section ‘‘(f) INJUNCTIONS.—(1) In addition to any SEC. 204. ADDITION OF IODINE AND HYDRO- 401(b)(1)(B)(viii) of the Controlled Substances penalty provided in this section, the Attor- CHLORIC GAS TO LIST II. Act (21 U.S.C. 841(b)(1)(B)(viii)) is amended ney General is authorized to commence a (a) IN GENERAL.—Section 102(35) of the Con- by— civil action for appropriate declaratory or trolled Substances Act (21 U.S.C. 802(35)) is (A) striking ‘‘10 grams or more of meth- injunctive relief relating to violations of this amended by adding the end the following: amphetamine,’’ and inserting ‘‘5 grams or ‘‘(I) Iodine. section or section 402. ‘‘(2) Any action under this subsection may more of methamphetamine,’’; and ‘‘(J) Hydrochloric gas.’’. be brought in the district court of the United (B) striking ‘‘100 grams or more of a mix- (b) IMPORTATION AND EXPORTATION RE- States for the district in which the defend- ture or substance containing a detectable QUIREMENTS.—(1) Iodine shall not be subject ant is located or resides or is doing business. amount of methamphetamine’’ and inserting to the requirements for listed chemicals pro- ‘‘(3) Any order or judgment issued by the ‘‘50 grams or more of a mixture or substance vided in section 1018 of the Controlled Sub- court pursuant to this subsection shall be containing a detectable amount of meth- stances Import and Export Act (21 U.S.C. tailored to restrain violations of this section amphetamine’’. 971). or section 402. (b) IMPORT AND EXPORT ACT.— (2) EFFECT OF EXCEPTION.—The exception ‘‘(4) The court shall proceed as soon as (1) LARGE AMOUNTS.—Section 1010(b)(1)(H) made by paragraph (1) shall not limit the au- practicable to the hearing and determination of the Controlled Substances Import and Ex- thority of the Attorney General to impose of such an action. An action under this sub- port Act (21 U.S.C. 960(b)(1)(H)) is amended the requirements for listed chemicals pro- section is governed by the Federal Rules of by— vided in section 1018 of the Controlled Sub- Civil Procedure except that, if an indictment (A) striking ‘‘100 grams or more of meth- stances Import and Export Act (21 U.S.C. has been returned against the respondent, amphetamine,’’ and inserting ‘‘50 grams or 971). discovery is governed by the Federal Rules of more of methamphetamine,’’; and SEC. 205. CIVIL PENALTIES FOR FIRMS THAT Criminal Procedure.’’. (B) striking ‘‘1 kilogram or more of a mix- SUPPLY PRECURSOR CHEMICALS. SEC. 207. RESTITUTION FOR CLEANUP OF CLAN- ture or substance containing a detectable (a) OFFENSES.—Section 402(a) of the Con- DESTINE LABORATORY SITES. amount of methamphetamine’’ and inserting trolled Substances Act (21 U.S.C. 842(a)) is Section 413 of the Controlled Substances ‘‘500 grams or more of a mixture or sub- amended— Act (21 U.S.C. 853) is amended by adding at stance containing a detectable amount of (1) in paragraph (9), by striking ‘‘or’’ after the end the following: methamphetamine’’. the semicolon; ‘‘(q) The court, when sentencing a defend- (2) SMALLER AMOUNTS.—Section (2) in paragraph (10), by striking the period ant convicted of an offense under this title 1010(b)(2)(H) of the Controlled Substances and inserting ‘‘; or’’; and or title III involving the manufacture of Import and Export Act (21 U.S.C. 960(b)(2)(H)) (3) by adding at the end the following: methamphetamine, may— is amended by— ‘‘(11) to distribute a laboratory supply to a ‘‘(1) order restitution as provided in sec- (A) striking ‘‘10 grams or more of meth- person who uses, or attempts to use, that tions 3612 and 3664 of title 18, United States amphetamine,’’ and inserting ‘‘5 grams or laboratory supply to manufacture a con- Code; more of methamphetamine,’’; and September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11113 (B) striking ‘‘100 grams or more of a mix- ure to notify as to the release of a reportable threshold quantities in a single transaction ture or substance containing a detectable quantity of a hazardous substance into the to an individual for legitimate medical use. amount of methamphetamine’’ and inserting water); or ‘‘(C) For purposes of this paragraph, enti- ‘‘50 grams or more of a mixture or substance (4) section 5124 of title 49, United States ties are defined by reference to the Standard containing a detectable amount of meth- Code (relating to violations of laws and regu- Industrial Classification (SIC) code, as fol- amphetamine’’. lations enforced by the Department of Trans- lows: SEC. 302. PENALTY INCREASES FOR TRAFFICK- portation with respect to the transportation ‘‘(i) A grocery store is an entity within SIC ING IN LISTED CHEMICALS. of hazardous material). code 5411. (a) CONTROLLED SUBSTANCES ACT.—Section TITLE IV—LEGAL MANUFACTURE, DIS- ‘‘(ii) A general merchandise store is an en- 401(d) of the Controlled Substances Act (21 TRIBUTION, AND SALE OF PRECURSOR tity within SIC codes 5300 through 5399 and U.S.C. 841(d)) is amended by striking the pe- CHEMICALS 5499. riod and inserting the following: ‘‘or, with SEC. 401. DIVERSION OF CERTAIN PRECURSOR ‘‘(iii) A drug store is an entity within SIC respect to a violation of paragraph (1) or (2) CHEMICALS. code 5912. of this subsection involving a list I chemical, (a) IN GENERAL.—Section 102(39) of the Con- ‘‘(47) The term ‘combination ephedrine if the Government proves the quantity of trolled Substances Act (21 U.S.C. 802(39)) is product’ means a drug product containing controlled substance that could reasonably amended— ephedrine or its salts, optical isomers, or have been manufactured in a clandestine set- (1) in subparagraph (A)(iv)(I)(aa), by strik- salts of optical isomers and therapeutically ting using the quantity of list I chemicals ing ‘‘as’’ through the semicolon and insert- significant quantities of another active me- possessed or distributed, the penalty cor- ing ‘‘, pseudoephedrine or its salts, optical dicinal ingredient.’’. responding to the quantity of controlled sub- isomers, or salts of optical isomers, or phen- (c) REINSTATEMENT OF LEGAL DRUG EXEMP- stance that could have been produced under ylpropanolamine or its salts, optical iso- TION.—Section 204 of the Controlled Sub- subsection (b).’’. mers, or salts of optical isomers unless oth- stances Act (21 U.S.C. 814) is amended by (b) CONTROLLED SUBSTANCE IMPORT AND EX- erwise provided by regulation of the Attor- adding at the end the following new sub- PORT ACT.—Section 1010(d) of the Controlled ney General issued pursuant to section 204(e) section: Substance Import and Export Act (21 U.S.C. of this title;’’; and ‘‘(e) REINSTATEMENT OF EXEMPTION WITH 960(d)) is amended by striking the period and (2) in subparagraph (A)(iv)(II), by inserting RESPECT TO EPHEDRINE, PSEUDOEPHEDRINE, inserting the following: ‘‘, or, with respect to ‘‘, pseudoephedrine, phenylpropanolamine,’’ AND PHENYLPROPANOLAMINE DRUG PROD- an importation violation of paragraph (1) or after ‘‘ephedrine’’. UCTS.—Pursuant to subsection (d)(1), the At- (3) of this subsection involving a list I chem- (b) LEGITIMATE RETAILERS.—Section 102 of torney General shall by regulation reinstate ical, if the Government proves the quantity the Controlled Substances Act (21 U.S.C. 802) the exemption with respect to a particular of controlled substance that could reason- is amended— ephedrine, pseudoephedrine, or phenyl- ably have been manufactured in a clandes- (1) in paragraph (39)(A)(iv)(I)(aa), by insert- propanolamine drug product if the Attorney tine setting using the quantity of list I ing before the semicolon the following: ‘‘, ex- General determines that the drug product is chemicals imported, the penalty correspond- cept that any sale of ordinary over-the- manufactured and distributed in a manner ing to the quantity of controlled substance counter pseudoephedrine, phenylpropanola- that prevents diversion. In making this de- that could have been produced under title mine, or combination ephedrine products by termination the Attorney General shall con- II.’’. retail distributors shall not be a regulated sider the factors listed in subsection (d)(2). (c) DETERMINATION OF QUANTITY.— transaction (except as provided in section Any regulation issued pursuant to this sub- (1) IN GENERAL.—For the purposes of this 401(d) of the Comprehensive Methamphet- section may be amended or revoked based on section and the amendments made by this amine Control Act of 1996)’’; the factors listed in subsection (d)(4).’’. section, the quantity of controlled substance (2) in paragraph (39)(A)(iv)(II), by inserting (d) REGULATION OF RETAIL SALES.— that could reasonably have been manufac- before the semicolon the following: ‘‘, except (1) PSEUDOEPHEDRINE.— tured shall be determined by using a table of that the threshold for any sale of (A) LIMIT.— manufacturing conversion ratios for list I pseudoephedrine, phenylpropanolamine, or (i) IN GENERAL.—Not sooner than the effec- chemicals. combination ephedrine products by retail tive date of this section and subject to the requirements of clause (ii), the Attorney (2) TABLE.—The table shall be— distributors or by distributors required to (A) established by the United States Sen- submit reports by section 310(b)(3) of this General may establish by regulation a sin- tencing Commission based on scientific, law title shall be 24 grams of pseudoephedrine, 24 gle-transaction limit of 24 grams of enforcement, and other data the Sentencing grams of phenylpropanolamine, or 24 grams pseudoephedrine base for retail distributors. Commission deems appropriate; and of ephedrine in a single transaction’’; Notwithstanding any other provision of law, (B) dispositive of this issue. (3) by redesignating paragraph (43) relating the single-transaction threshold quantity for pseudoephedrine-containing compounds may SEC. 303. ENHANCED PENALTY FOR DANGEROUS to felony drug offense as paragraph (44); and HANDLING OF CONTROLLED SUB- (4) by adding at the end the following: not be lowered beyond that established in STANCES: AMENDMENT OF SEN- ‘‘(45) The term ‘ordinary over-the-counter this paragraph. TENCING GUIDELINES. pseudoephedrine, phenylpropanolamine, or (ii) CONDITIONS.—In order to establish a (a) IN GENERAL.—Pursuant to its authority combination ephedrine product’ means any single-transaction limit of 24 grams of under section 994 of title 28, United States product containing pseudoephedrine, phenyl- pseudoephedrine base, the Attorney General Code, the United States Sentencing Commis- propanolamine, or ephedrine (where the shall determine, following notice, comment, sion shall determine whether the Sentencing ephedrine is combined with therapeutically and an informal hearing that since the date Guidelines adequately punish an offense de- significant quantities of another active me- of the enactment of this Act there are a sig- scribed in subsection (b) and, if not, promul- dicinal ingredient) that is— nificant number of instances where ordinary gate guidelines or amend existing guidelines ‘‘(A) regulated pursuant to this title; and over-the-counter pseudoephedrine products to provide an appropriate enhancement of ‘‘(B)(i) except for liquids, sold in package as established in paragraph (45) of section 102 the punishment for a defendant convicted of sizes of not more than 3.0 grams of of the Controlled Substances Act (21 U.S.C. that offense. pseudoephedrine base, 3.0 grams of phenyl- 802 (45)), as added by this Act, sold by retail (b) OFFENSE.—The offense referred to in propanolamine base or 2.0 grams of ephedrine distributors as established in paragraph (46) subsection (a) is a violation of section 401(d), base, and that is packaged in blister packs, in section 102 of the Controlled Substances 401(g)(1), 403(a)(6), or 403(a)(7) of the Con- each blister containing not more than two Act (21 U.S.C. 802(46)), are being widely used trolled Substances Act (21 U.S.C. 841(d), dosage units, or where the use of blister as a significant source of precursor chemi- 841(g)(1), 843(a)(6), and 843(a)(7)), if in the packs is technically infeasible, that is cals for illegal manufacture of a controlled commission of the offense the defendant vio- packaged in unit dose packets or pouches; substance for distribution or sale. lated— and (B) VIOLATION.—Any individual or business (1) subsection (d) or (e) of section 3008 of ‘‘(ii) for liquids, sold in package sizes of that violates the thresholds established in the Solid Waste Disposal Act (relating to not more than 3.0 grams of pseudoephedrine this paragraph shall, with respect to the first handling hazardous waste in a manner incon- base or 3.0 grams of phenylpropanolamine such violation, receive a warning letter from sistent with Federal or applicable State base. the Attorney General and, if a business, the law); ‘‘(46)(A) The term ‘retail distributor’ business shall be required to conduct manda- (2) section 103(b) of the Comprehensive En- means a grocery store, general merchandise tory education of the sales employees of the vironmental Response, Compensation and Li- store, drug store, or other entity or person firm with regard to the legal sales of ability Act (relating to failure to notify as to whose activities as a distributor relating to pseudoephedrine. For a second violation oc- the release of a reportable quantity of a haz- pseudoephedrine, phenylpropanolamine, or curring within 2 years of the first violation, ardous substance into the environment); combination ephedrine products are limited the business or individual shall be subject to (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), almost exclusively to sales for personal use, a civil penalty of not more than $5,000. For 311(b)(3), or 311(b)(5) of the Federal Water both in number of sales and volume of sales, any subsequent violation occurring within 2 Pollution Control Act (relating to the unlaw- either directly to walk-in customers or in years of the previous violation, the business ful discharge of pollutants or hazardous sub- face-to-face transactions by direct sales. or individual shall be subject to a civil pen- stances, the operation of a source in viola- ‘‘(B) For purposes of this paragraph, sale alty not to exceed the amount of the pre- tion of a pretreatment standard, and the fail- for personal use means the sale of below- vious civil penalty plus $5,000. H11114 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(2) PHENYLPROPANOLAMINE.— shall be subject to a civil penalty of not ‘‘(i) the name of the purchaser; (A) LIMIT.— more than $5,000. For any subsequent viola- ‘‘(ii) the quantity and form of the ephed- (i) IN GENERAL.—Not sooner than the effec- tion occurring within 2 years of the previous rine, pseudoephedrine, or phenylpropanola- tive date of this section and subject to the violation, the business or individual shall be mine purchased; and requirements of clause (ii), the Attorney subject to a civil penalty not to exceed the ‘‘(iii) the address to which such ephedrine, General may establish by regulation a sin- amount of the previous civil penalty plus pseudoephedrine, or phenylpropanolamine gle-transaction limit of 24 grams of phenyl- $5,000. was sent.’’. propanolamine base for retail distributors. (4) SIGNIFICANT NUMBER OF INSTANCES.—(A) TITLE V—EDUCATION AND RESEARCH Notwithstanding any other provision of law, For purposes of this subsection, isolated or SEC. 501. INTERAGENCY METHAMPHETAMINE the single-transaction threshold quantity for infrequent use, or use in insubstantial quan- TASK FORCE. phenylpropanolamine-containing compounds tities, of ordinary over-the-counter (a) ESTABLISHMENT.—There is established a may not be lowered beyond that established pseudoephedrine, over-the-counter phenyl- ‘‘Methamphetamine Interagency Task in this paragraph. propanolamine, or over the counter combina- Force’’ (referred to as the ‘‘interagency task (ii) CONDITIONS.—In order to establish a tion ephedrine, and sold at the retail level, force’’) which shall consist of the following single-transaction limit of 24 grams of phen- for the illicit manufacture of a controlled members: ylpropanolamine base, the Attorney General substance may not be used by the Attorney (1) The Attorney General, or a designee, shall determine, following notice, comment, General as the basis for establishing the con- who shall serve as chair. and an informal hearing, that since the date ditions for establishing a single transaction (2) 2 representatives selected by the Attor- of the enactment of this Act there are a sig- limit under this section. ney General. nificant number of instances where ordinary (B) In making a determination under para- (3) The Secretary of Education or a des- over-the-counter phenylpropanolamine prod- graph (1)(A)(ii), paragraph (2)(A)(ii), or para- ignee. ucts as established in paragraph (45) of sec- graph (3)(A)(ii), the Attorney General shall (4) The Secretary of Health and Human tion 102 of the Controlled Substances Act (21 consult with the Secretary of Health and Services or a designee. U.S.C. 802(45)), as added by this Act, sold by Human Services in order to consider the ef- (5) 2 representatives of State and local law retail distributors as established in para- fects on public health that would occur from enforcement and regulatory agencies, to be graph (46) in section 102 of the Controlled the establishment of new single transaction selected by the Attorney General. Substances Act (21 U.S.C. 802(46)), are being limits under this section. (6) 2 representatives selected by the Sec- widely used as a significant source of precur- (C) After making a determination under retary of Health and Human Services. sor chemicals for illegal manufacture of a paragraph (1)(A)(ii), paragraph (2)(A)(ii), or (7) 5 nongovernmental experts in drug controlled substance for distribution or sale. paragraph (3)(A)(ii), the Attorney General abuse prevention and treatment to be se- (B) VIOLATION.—Any individual or business shall transmit a report to the Committees on lected by the Attorney General. that violates the thresholds established in the Judiciary of the House of Representa- (b) RESPONSIBILITIES.—The interagency this paragraph shall, with respect to the first tives and the Senate in which the Attorney task force shall be responsible for designing, such violation, receive a warning letter from General will provide the factual basis for es- implementing, and evaluating the education the Attorney General and, if a business, the tablishing the new single transaction limits and prevention and treatment practices and business shall be required to conduct manda- under this section. strategies of the Federal Government with tory education of the sales employees of the (5) DEFINITION OF BUSINESS.—For purposes respect to methamphetamine and other syn- firm with regard to the legal sales of of this subsection, the term ‘‘business’’ thetic stimulants. pseudoephedrine. For a second violation oc- means the entity that makes the direct sale (c) MEETINGS.—The interagency task force curring within 2 years of the first violation, and does not include the parent company of shall meet at least once every 6 months. the business or individual shall be subject to a business not involved in a direct sale regu- (d) FUNDING.—The administrative expenses a civil penalty of not more than $5,000. For lated by this subsection. of the interagency task force shall be paid any subsequent violation occurring within 2 (6) JUDICIAL REVIEW.—Any regulation pro- out of existing Department of Justice appro- years of the previous violation, the business mulgated by the Attorney General under priations. (e) FACA.—The Federal Advisory Commit- or individual shall be subject to a civil pen- this section shall be subject to judicial re- tee Act (5 U.S.C. App. 2) shall apply to the alty not to exceed the amount of the pre- view pursuant to section 507 of the Con- vious civil penalty plus $5,000. interagency task force. trolled Substances Act (21 U.S.C. 877). (f) TERMINATION.—The interagency task (3) COMBINATION EPHEDRINE PRODUCTS.— (e) EFFECT ON THRESHOLDS.—Nothing in force shall terminate 4 years after the date (A) LIMIT.— the amendments made by subsection (b) or of enactment of this Act. (i) IN GENERAL.—Not sooner than the effec- the provisions of subsection (d) shall affect tive date of this section and subject to the the authority of the Attorney General to SEC. 502. PUBLIC HEALTH MONITORING. The Secretary of Health and Human Serv- requirements of clause (ii), the Attorney modify thresholds (including cumulative ices shall develop a public health monitoring General may establish by regulation a sin- thresholds) for retail distributors for prod- program to monitor methamphetamine gle-transaction limit of 24 grams of ephed- ucts other than ordinary over-the-counter abuse in the United States. The program rine base for retail distributors of combina- pseudoephedrine, phenylpropanolamine, or shall include the collection and dissemina- tion ephedrine products. Notwithstanding combination ephedrine products (as defined tion of data related to methamphetamine any other provision of law, the single-trans- in section 102(45) of the Controlled Sub- abuse which can be used by public health of- action threshold quantity for combination stances Act, as added by this section) or for ficials in policy development. ephedrine products may not be lowered be- non-retail distributors, importers, or export- yond that established in this paragraph. ers. SEC. 503. PUBLIC-PRIVATE EDUCATION PRO- GRAM. (ii) CONDITIONS.—In order to establish a (f) EFFECTIVE DATE OF THIS SECTION.—Not- (a) ADVISORY PANEL.—The Attorney Gen- single-transaction limit of 24 grams of withstanding any other provision of this Act, eral shall establish an advisory panel con- ephedrine base, the Attorney General shall this section shall not apply to the sale of any sisting of an appropriate number of rep- determine, following notice, comment, and pseudoephedrine, phenylpropanolamine, or combination ephedrine product prior to 12 resentatives from Federal, State, and local an informal hearing, that since the date of law enforcement and regulatory agencies the enactment of this Act there are a signifi- months after the date of enactment of this Act. with experience in investigating and pros- cant number of instances where ordinary ecuting illegal transactions of precursor SEC. 402. MAIL ORDER RESTRICTIONS. over-the-counter combination ephredrine chemicals. The Attorney General shall con- Section 310(b) of the Controlled Substances products as established in paragraph (45) of vene the panel as often as necessary to de- Act (21 U.S.C. 830(b)) is amended by adding at section 102 of the Controlled Substances Act velop and coordinate educational programs the end the following: (21 U.S.C. 802(45)), as added by this Act, sold for wholesale and retail distributors of pre- ‘‘(3) MAIL ORDER REPORTING.—(A) Each reg- by retail distributors as established in para- cursor chemicals and supplies. ulated person who engages in a transaction graph (46) in section 102 of the Controlled (b) CONTINUATION OF CURRENT EFFORTS.— Substances Act (21 U.S.C. 802(46)), are being with a nonregulated person which— The Attorney General shall continue to— widely used as a significant source of precur- ‘‘(i) involves ephedrine, pseudoephedrine, (1) maintain an active program of seminars sor chemicals for illegal manufacture of a or phenylpropanolamine (including drug and training to educate wholesale and retail controlled substance for distribution or sale. products containing these chemicals); and distributors of precursor chemicals and sup- (B) VIOLATION.—Any individual or business ‘‘(ii) uses or attempts to use the Postal plies regarding the identification of sus- that violates the thresholds established in Service or any private or commercial car- picious transactions and their responsibility this paragraph shall, with respect to the first rier; to report such transactions; and such violation, receive a warning letter from shall, on a monthly basis, submit a report of (2) provide assistance to State and local the Attorney General and, if a business, the each such transaction conducted during the law enforcement and regulatory agencies to business shall be required to conduct manda- previous month to the Attorney General in facilitate the establishment and mainte- tory education of the sales employees of the such form, containing such data, and at such nance of educational programs for distribu- firm with regard to the legal sales of com- times as the Attorney General shall estab- tors of precursor chemicals and supplies. bination ephedrine products. For a second lish by regulation. SEC. 504. SUSPICIOUS ORDERS TASK FORCE. violation occurring within 2 years of the ‘‘(B) The data required for such reports (a) IN GENERAL.—The Attorney General first violation, the business or individual shall include— shall establish a ‘‘Suspicious Orders Task September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11115 Force’’ (the ‘‘Task Force’’) which shall con- Back in October 1995, the Crime Sub- on measures to prevent the diversion of sist of— committee held a hearing on the rap- agents used to produce meth. The title (1) appropriate personnel from the Drug idly growing problem of methamphet- also increases the penalties for the pos- Enforcement Administration (the ‘‘DEA’’) amine. The testimony given by Federal session of equipment used to make con- and other Federal, State, and local law en- forcement and regulatory agencies with the and State law enforcement witnesses trolled substances and requires the experience in investigating and prosecuting painted a grim picture of a problem Sentencing Commission to ensure that illegal transactions of listed chemicals and that is no longer regional, but national the manufacture of meth in violation supplies; and in scope, and devastating some commu- of this section is adequately punished. (2) representatives from the chemical and nities much like cocaine did in the Importantly, title II declares the DEA pharmaceutical industry, including rep- 1980’s. rule to be null and void. The DEA has resentatives from the DEA/Distributor The witnesses also testified about the agreed to this provision because of the Working Committee and the DEA/Pharmacy unique problems associated with meth. other improvements made to the bill Working Committee. The profits involved in the meth trade which make the rule unnecessary. (b) RESPONSIBILITIES.—The Task Force shall be responsible for developing proposals are enormous; meth causes longer Title III increases the penalties for to define suspicious orders of listed chemi- highs than cocaine, with many users trafficking meth so as to make them cals, and particularly to develop quantifiable becoming chronic abusers. Meth is the same as those provided for traffick- parameters which can be used by registrants processed in clandestine labs, often lo- ing crack cocaine, with 5 grams of in determining if an order is a suspicious cated in remote areas, making them meth triggering a 5-year mandatory order which must be reported to DEA. The difficult to detect. Mexican traffickers, minimum prison sentence and 50 grams quantifiable parameters to be addressed will now the major force in meth produc- triggering a 10-year mandatory mini- include frequency of orders, deviations from mum prison sentence. Importantly, the prior orders, and size of orders. The Task tion and trafficking, have established Force shall also recommend provisions as to clandestine labs throughout the South- Justice Department’s National Meth- what types of payment practices or unusual west, and have saturated the Western amphetamine Strategy calls for the business practices shall constitute prima U.S. market with high-purity meth, same sentence increase. The President facie suspicious orders. In evaluating the leading to lower prices. The 1994 even wrote to the Speaker 10 days ago proposals, the Task Force shall consider ef- mathamphetamine-related murder of and criticized the House for not passing fectiveness, cost and feasibility for industry DEA agent Richard Fass is a sober re- these penalties. Let the record be clear: and Government, an other relevant factors. minder of the violence associated with These increased penalties are being (c) MEETINGS.—The Task Force shall meet blocked by a small handful of Demo- at least two times per year and at such other meth trafficking. In short, meth- times as may be determined necessary by the amphetamine represents a dangerous, crat Members in the other body. Unless Task Force. time-consuming, and expensive inves- a couple of Senators change their (d) REPORT.—The Task Force shall present tigative challenge to law enforcement. minds, the American people will not a report to the Attorney General on its pro- H.R. 3852 is the most comprehensive enjoy the additional protection and de- posals with regard to suspicious orders and congressional effort ever mounted to terrence provided by tough mandatory the electronic reporting of suspicious orders respond to the meth crisis. It was in- prison sentences for trafficking meth, within one year of the date of enactment of troduced by Representative HEINEMAN the penalties even the President wants this Act. Copies of the report shall be for- warded to the Committees of the Senate and of the Crime Subcommittee, who can- to see pass. House of Representatives having jurisdiction not be with us today because he is busy It’s my hope that the President will over the regulation of listed chemical and making a recovery from intestinal sur- pick up the phone and call those Mem- controlled substances. gery. This bill is nearly identical to S. bers of the other body opposed to these (e) FUNDING.—The administrative expenses 1965, introduced by Senate Judiciary penalties, and ask them to drop their of the Task Force shall be paid out of exist- Chairman HATCH and a large, biparti- opposition. ing Department of Justice funds or appro- san group of Senators, including Sen- Title III also increases the penalties priations. ators, BIDEN, DASCHLE, and FEINSTEIN. for trafficking in listed precursor (f) FACA.—The Federal Advisory Commit- chemicals, and requires the Sentencing tee Act (5 U.S.C. App. 2) shall apply to the Representatives RIGGS and FAZIO, also Task Force. introduced bills almost identical to the Commission to ensure that the sen- (g) TERMINATION.—The Task Force shall one before us today. tencing guidelines adequately punish terminate upon presentation of its report to On August 7, 1996, the DEA sought to violations of environmental laws re- the Attorney General, or two years after the respond to the problem of over-the- sulting from clandestine meth labs. date of enactment of this Act, whichever is counter-drugs being diverted to manu- Title IV establishes a so-called ‘‘safe sooner. facture meth when it published a final harbor,’’ which provides that lawfully The SPEAKER pro tempore. Pursu- rule, to take effect on October 7, 1996. manufactured over-the-counter drug ant to the rule, the gentleman from The rule would remove the exemption products that contain pseudoephedrine Florida [Mr. MCCOLLUM] and the gen- for certain over-the-counter pseudo- and PPA are exempt from regulation tlewoman from California [Ms. ephedrine and phenylpropanolamine, or unless the Attorney General finds the LOFGREN] each will control 20 minutes. PPA, products from the regulatory need to control them because they’re The Chair recognizes the gentleman chemical control provisions of the Con- being diverted in large quantities. from Florida [Mr. MCCOLLUM]. trolled Substances Act. Under this title, if the Attorney Gen- Mr. MCCOLLUM. Mr. Speaker, I yield H.R. 3852 achieves the same objec- eral determines that ordinary, over- myself such time as I may consume. tives as the DEA rule by providing for the-counter products containing GENERAL LEAVE the regulation of over-the-counter pseudoephedrine and PPA are being Mr. MCCOLLUM. Mr. Speaker, I ask products when they are shown to be di- widely used as a significant source of unanimous consent that all Members verted to make meth. Its five titles, precursor chemicals used to manufac- may have 5 legislative days within taken together, are a tough, smart, and ture methamphetamine, the Attorney which to revise and extend their re- balanced attack on the manufacturing General may establish a single trans- marks on H.R. 3852. and trafficking of meth. action limit of 24 grams. Importantly, The SPEAKER pro tempore. Is there Title I calls on the Attorney General this bill requires the Attorney General objection to the request of the gen- to coordinate international drug en- to report to the Judiciary Committees tleman from Florida? forcement efforts to interdict meth- of the House and Senate any finding of There was no objection. amphetamine precursor chemicals, and diversion before the single transaction Mr. MCCOLLUM. Mr. Speaker, I yield imposes tough penalties on those who limit is imposed. Under the bill, the myself such time as I may consume. manufacture precursor chemicals out- DEA can begin to collect evidence of Mr. Speaker, the Comprehensive side the United States with the intent diversion of over-the-counter products Methamphetamine Control Act of 1996 to import them into the United States. upon the enactment of the act. Any represents a major, bipartisan effort to Title II permits the seizure and for- delay in such data collection must be respond to the national methamphet- feiture of certain precursor chemicals, avoided so as to ensure prompt action amine crisis confronting our Nation and calls on the Attorney General to against diversion. Both the DEA and today. conduct a study and report to Congress the pharmaceutical industry have H11116 CONGRESSIONAL RECORD — HOUSE September 25, 1996 worked long and hard with the Con- listen respectfully to the views of those any impact on reducing drug use. In gress on this provision. I believe this who object to one of its features. fact, Mr. Speaker, the 5-year manda- title strikes a careful balance between Mr. Speaker, I reserve the balance of tory minimum for crack cocaine has providing Federal law enforcement the my time. not demonstrated any effect in switch- regulatory authority it needs to re- b 1800 ing drug users from selling crack to strict diversion of over-the-counter powder cocaine, for which they can get products, and ensuring that the mil- Mr. MCCOLLUM. Mr. Speaker, I yield probation for 99 times more drugs. lions of annual consumers of cough and 2 minutes to the gentleman from North Mr. Speaker, if we are going to look cold products have access to the prod- Carolina [Mr. BURR]. at the best way of reducing the use of ucts that bring much-needed relief. Mr. BURR. I thank the gentleman speed, all of the credible evidence indi- Finally, title V creates a meth- from Florida for yielding me this time. cates that drug treatment is many amphetamine interagency task force, Mr. Speaker, I am here today to times more effective and cheaper than headed by the Attorney General, to de- speak on behalf of my colleague, the mandatory minimum sentences. The sign, implement, and evaluate meth- gentleman from North Carolina, FRED drug court program has indicated that amphetamine education, prevention, HEINEMAN, who, unfortunately, is not the costs of drug court is not only and treatment practices. here because of intestinal surgery. Con- cheaper but more effective in reducing Mr. Speaker, this is a smart, tough gressman HEINEMAN has dedicated the crime. In fact, using rehabilitation bill. The gentleman from North Caro- last 6 months to working on this issue. rather than prisons, we found that pris- lina [Mr. HEINEMAN] could not be with I really regret that he cannot be here ons cost five times more and result in us today, but he should have been to speak on his own bill. much more crime. proud, and I know he was, to introduce As all of us know, speed is a highly A drug study in California showed this bill. addictive, illegal drug which may cause that $7 was saved in prison costs for The chief and his staffer are to be brain damage in long-term users. It can every dollar put into drug rehabilita- congratulated on their work on this cause users to go into deep depressions tion. According to an impact state- bill. We urge him a speedy recovery, and violent rages. In fact, in Arizona, ment, Mr. Speaker, we are going to and we urge, I certainly urge, the adop- Phoenix specifically, local police at- spend $100 million in additional prison tion of this very fine bill he has craft- tribute a 40-percent increase in homi- costs if we pass this bill. ed. It is a long overdue bill, to give us cides directly with an increase in some real teeth in the laws against this methamphetamine production. As a Mr. Speaker, those opposing the bill horrible drug trafficking in the product former police chief, let me assure my want to return it to the Committee on the Judiciary so that we can seriously known as methamphetamine; more colleagues, FRED HEINEMAN under- commonly known to the public as stands the relationship between drugs address the best way of reducing the speed. and crime. It is time that Congress ad- use of methamphetamine rather than Mr. Speaker, I reserve the balance of dresses this issue in a real way. this last-minute waste of the tax- my time. One of the obstacles that law enforce- payers’ money. Ms. LOFGREN. Mr. Speaker, I yield ment faces in dealing with meth- So, Mr. Speaker, I would hope that myself such time as I may consume. amphetamine production is that two of we would save money and reduce crime Mr. Speaker, there is not a single our most common cold, flu, and allergy by defeating this bill. Member of this Chamber who does not drugs can be used to make speed. Con- Mr. MCCOLLUM. Mr. Speaker, I yield detest the evil of illegal drugs. Parents gressman HEINEMAN’s bill meets this 3 minutes to the gentleman from North bury children killed by other children, challenge head-on. It protects consum- Carolina [Mr. COBLE]. locked into a deadly cycle of drugs and ers’ rights to buy cold and allergy med- Mr. COBLE. Mr. Speaker, I thank the guns and gangs and violence. Fathers gentleman from Florida for yielding and mothers abandon children because icine off the shelf, while at the same time increasing the penalties for man- me this time. He and the gentleman they are driven mad by their addiction. from North Carolina have pretty well Entire neighborhoods are laid waste. ufacture, sale, and distribution of speed, making them equivalent to the given Members a good review of this Every single Member of this Congress proposed legislation. wants to stop this national sickness. penalties for crack cocaine. Chief HEINEMAN, as the gentleman So, we all support being tough on drug FRED HEINEMAN worked closely with from Florida said, is recuperating from trafficking that is killing our young, the Drug Enforcement Administration, intestinal surgery. Mr. Speaker, he destroying families, and damaging so- the Clinton administration, and the may have a hole in his intestine but he ciety. pharmaceutical manufacturers on this Most of us will support this bill. We legislation. has fire in his belly when it comes to will support it because we know that Mr. Speaker, this has broad biparti- diligent work for law enforcement. He methamphetimine is dangerous and san support and I urge my colleagues is a former New York cop, a street cop, growing fast in cities, suburbs, and in Congressman HEINEMAN’s absence, a former chief of police in Raleigh, the towns all across America. But, Mr. support this bill, stop the production of capital city of my State, and he has Speaker, there are some among us who speed in this country, and save the fu- worked diligently on this methamphet- take principled exception to one fea- ture generation of our children. With amine control act bill as well as on the ture of the bill, the imposition of man- this legislation, we can do that. telemarketing fraud bill which we will datory minimum penalties. Ms. LOFGREN. Mr. Speaker, I yield 2 discuss subsequently. Some of them will speak against minutes to the distinguished gen- Meth, or speed, is highly addictive those penalties, and some of them may tleman from Virginia [Mr. SCOTT], a and can cause permanent brain dam- even vote against the bill. I urge all of member of the committee. age, as has already been indicated. Se- us to listen to their position carefully Mr. SCOTT. Mr. Speaker, I rise in op- cret labs around the country have and to resist the temptation to engage position to the bill. We all agree that begun to manufacture speed with in cheap theatrical politics, as if this we need to address the problem of chemicals that have legitimate medi- principled opposition to mandatory methamphetamine manufacture, sale, cal uses. Rogue chemists, Mr. Speaker, minimum penalties were evidence of and use. The question is whether we I am told, can easily convert cold and some kind of softness of drugs. address it in a way that is clearly effec- flu medicines into meth. Representa- On the contrary, Mr. Speaker, those tive in reducing the problem or wheth- tive HEINEMAN’s bill strikes a balanced who will speak against mandatory er we address it in a way that is cal- approach to combat this problem by, A, minimums will do so because they have culated only to enhance our political increasing penalties for possession and seen firsthand the impact in their own posture. trafficking of meth, while at the same communities, and they believe that the This bill relies on mandatory mini- time establishing a safe harbor for or- impact of this bill is futile as to man- mum penalties as the primary vehicle dinary over-the-counter products con- datory minimums. for reducing the manufacture and use taining the relevant chemicals. With that, Mr. Speaker, I urge my of methamphetamine. Yet there is no It is a good piece of legislation, Mr. colleagues to vote for this bill, but to evidence that such penalties will have Speaker. I urge its passage. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11117 Ms. LOFGREN. Mr. Speaker, I yield 2 damage. A small quantity is all it ment to assist struggling addicts. And minutes to the distinguished gen- takes, 5 grams, to do enormous damage I believe that we must prosecute drug tleman from North Carolina [Mr. to somebody. Because it is so, so, so dealers to the fullest extent that the WATT], a member of the committee. bad, we need to send a message of de- law will allow. However, I believe that Mr. WATT of North Carolina. Mr. terrence out there. We need to take we must have parity in the penalties Speaker, I rise in opposition to this people off the streets who are dealing that we place on illegal drugs. bill. There are a number of reasons in this quantity. It is not a lot but it is Mr. Speaker, crack cocaine, powder that I could oppose it and do oppose it, enough to mean that anybody who has cocaine, methamphetamine, LSD and but I want to speak to two or three of this amount on their person, just as is heroin all ravage and devastate our those in this debate since my time is the case with crack, is a dealer, is a communities. Their destruction is limited. trafficker, is not simply a user. That undiscriminating. This body should be First of all, we asked the Justice De- message needs to be there. There is no just as undiscriminating when assess- partment, as is our prerogative, to give other way you can send a message of ing penalties for their abuse. This body us a prison impact analysis of this bill. deterrence than with a minimum man- should not create drugs of choice by Their analysis indicates that over the datory sentence, and I believe in them calling for stiffer penalties on some il- next 5 years, this bill will cost the tax- for limited purposes. This is one of legal drugs and not for others. The payers over $268 million. This is money those purposes. That is why it is in the sale, distribution and use of all illegal which, as the gentleman from Virginia bill. substances is abhorrent, and I too want [Mr. SCOTT] has indicated, could be bet- As far as the process is concerned, we to be tough on all illegal drugs, but we ter spent on preventing drug use rather are here today because this is the only must not continue to fill our prisons than building more prison space and way we can get this bill on up in a with poor persons involved in less ex- locking up more and more people and quick period of time and consider it by pensive substances like crack and still not addressing the underlying the full House with what is left in this methamphetamine while the wealthy problem. session of Congress. We do not want to abusers dealing in more expensive Second, my Republican colleagues just accept the other body’s bill. This drugs wreak havoc on our commu- know that this bill is going nowhere. is our body doing our will. nities. They are just playing politics with this Mr. WATT of North Carolina. Mr. This measure is not a solution to our issue. The Senate has agreed to and Speaker, will the gentleman yield? drug epidemic. It is election year poli- passed a methamphetamine bill which Mr. MCCOLLUM. I yield to the gen- tics at the expense of poor, undeserved does not contain mandatory minimum tleman from North Carolina. communities. Mr. Speaker, it is these penalties and they have stated that Mr. WATT of North Carolina. Mr. kinds of unncesseary battles that pre- they will not pass one that does have Speaker, the question I want to ask of vent us from winning the war on drugs. mandatory minimum sentences. We are the gentleman is if we are sending a Mr. MCCOLLUM. Mr. Speaker, I yield too late to conference a bill, so passing message, has the message worked on 2 minutes to the gentleman from Ne- a different bill in the House than the crack cocaine? You have not deterred a braska [Mr. CHRISTENSEN]. Mr. CHRISTENSEN. Mr. Speaker, I one that has passed in the Senate gets thing with the failed policies of build- rise in strong support of this legisla- you, in the final analysis, absolutely ing more prisons, and so all we are tion. I would first like to thank my nothing, and that is exactly what my doing now is spending $268 million colleague, the gentleman from North Republican colleagues want. They do more on prisons to send some other Carolina, Congressman HEINEMAN, for not want any bill. They just want to message that has already failed. This is his hard work and vision on this piece make political points. a failed policy that we are pursuing. of legislation. I think he is in our The third reason I oppose this bill is Mr. MCCOLLUM. If I could reclaim thoughts, in each one of our thoughts, because they just absolutely abandoned my time, if your President would put as he is on his way to a speedy recov- the process. We were in the middle in the resources necessary for interdic- ery. the Judiciary Committee of marking tion of cocaine coming into this coun- Mr. Speaker, there is an epidemic up this bill. All of a sudden they took try that are needed and to just say no taking place across this country, an the bill from committee, vaulted out to drugs and send that message out to epidemic that is casting a long, dark on the floor, put it on the suspension the kids, if we had been doing that shadow over our land. The epidemic calendar and just absolutely dis- these last 3 years, we would have a lot that I am referring to is this dramatic regarded the process that we should be better statistics on crack and cocaine increase that we are seeing in the pro- going through. We are rushing to judg- and all of the other drugs in this coun- duction, distribution, and consumption ment on something that is a serious, try. of methamphetamines. serious issue, building another dispar- Ms. LOFGREN. Mr. Speaker, I yield ity in our sentencing mechanism just myself such time as I may consume. b 1815 like the one that we have between Mr. Speaker, the President of the This is not an east coast or west crack cocaine and powder cocaine, ig- United States is all our President, just coast problem, it is not an urban or noring the fact that prevention works as Reagan was my President and Bush rural problem, it is a national problem, better than prisons and doing some- was my President. He is my President, and the statistics show an alarming in- thing shortsighted that is simply polit- not your President. crease in the use of meth. ical. Mr. Speaker, I yield 2 minutes to the Overall, the United States has seen Oppose this bill today. gentleman from Maryland [Mr. an 80-percent increase in drugs under a Mr. MCCOLLUM. Mr. Speaker, I yield CUMMINGS]. President who would inhale if again he myself such time as I may consume. Mr. CUMMINGS. I thank the gentle- had the chance. In fact, Mr. Speaker, in Mr. Speaker, I simply want to re- woman for yielding me this time. a national survey released today by the spond very briefly to the gentleman Mr. Speaker, the eradication of drug Parents’ Resource Institute for Drug from North Carolina. He and I have had use and distribution in our commu- Education, or PRIDE, as it is com- a long-standing difference of opinion, nities is one of my highest priorities. monly referred to, shows that teen though I respect his opinion, over the Illegal drug abuse has created havoc on drug use has hit the highest level in question of these minimum mandatory my congressional district of Balitmore the survey’s 9-year history. An appall- sentences in crack and powder and so and the entire country. It has led to in- ing one in five high school seniors now forth. What we are doing in this bill is creased crime rates, untimely and un- uses illegal drugs on a weekly base. Al- very important with regard to mini- necessary deaths, gun violence, and most 1 in 10 high school seniors say mum mandatory. We are setting the skyrocketing health care costs. they use illegal drugs every single day. same minimum mandatory tough Our communities are being hard hit, The methamphetamine epidemic has standards for methamphetamine that with no relief in sight. Our precious re- hit home, particularly in America’s we have now for crack. A very small sources are being depleted in this war heartland. The Nebraska State Patrol quantity of meth is even more potent against drugs. I believe in drug preven- is seizing methamphetamine at alarm- than crack. Speed can do even more tion to thwart drug abuse and treat- ing rates. The amount seized has gone H11118 CONGRESSIONAL RECORD — HOUSE September 25, 1996 from less than 1 pound in 1992 to more facture meth. These cartels present ad- (Ms. JACKSON-LEE of Texas asked than 5 pounds in the first 9 months of ditional problems and burdens for law and was given permission to revise and 1996. In 1995 law enforcement officials enforcement, requiring a truly national extend her remarks.) found crank in nearly six times the approach to this problem’s solution. Ms. JACKSON-LEE of Texas. Mr. items than just 2 years earlier. As a result, production and usage of Speaker, I thank the gentlewoman for The number of Nebraska arrests by methamphetamine in the United yielding time and thank her for her law enforcement officials jumped from States has grown at alarming propor- service on the Committee on the Judi- 23 in 1990 to 370 in 1995. Unfortunately, tions over the last several years. Ac- ciary. convictions have not been on that same cording to the DEA, it has been the This is a difficult topic, primarily be- percentage increase because of slick most prevalent clandestinely produced cause all of us face the rising tide of criminal trial lawyers getting them off drug in the United States since 1979. drug use, and I do not think this is now on legal loopholes and technicalities. Unfortunately, much of this production a time to suggest who said, ‘‘Just say But these are unconscionable statis- is centered in my home State of Cali- no,’’ who said, ‘‘Just don’t do it.’’ All of tics, statistics we can no longer afford fornia and throughout other Western us who are parents and all of us who to ignore. and Southwestern States. are members of our community clearly The ingredients used to make this Methamphetamine has caused a dra- want to be on the side of expressing to drug are available in States like Ne- matic escalation in the number of our teenagers, in particular, the devas- braska that have a strong agricultural overdoses, emergency hospital admis- tation of the impact of drug use. base. Interstate 80 has long been a drug sions, and drug shootings, from Ameri- H.R. 3852 has good intentions. Having pipeline for methamphetamine. This is ca’s largest western cities to our most just listened to an array of leaders in a good legislation, and I urge the com- rural areas. Crack is more potent, more my community at a drug hearing, I do mittee for its passage. addictive, and much cheaper. It rep- realize that there is cause for concern. Ms. LOFGREN. Mr. Speaker, I yield 5 resents a tremendous challenge. It is a But to a one, starting with the special minutes to the distinguished gen- public health and law enforcement cri- agent of the Drug Enforcement Agency tleman from California [Mr. FAZIO], a sis of truly epidemic proportions, and in my community, the U.S. attorney, member who has a long history of we must respond to it now. police officers and, yes, those involved fighting methamphetamines and an au- I believe this bill, H.R. 3852, offers in prevention and treatment, they em- thor of a companion bill, H.R. 3908. the right solution to this crisis. It in- phasized more than mandatory sen- Mr. FAZIO of California. Mr. Speak- cludes tough enforcement provisions tencing that we need to now focus, if er, I thank my friend, the gentlewoman which increase the penalties for pro- you will, on treatment and prevention. from California, for her help on this duction and trafficking of meth- One of the concerns I have about this bill and for yielding me time. amphetamine, enhanced penalties for legislation is that it does not address Mr. Speaker, I rise today in strong the possession and trafficking of pre- what we have been discussing with the support of the bill before us, H.R. 3852. cursor chemicals and the equipment U.S. Sentencing Commission, a biparti- The Comprehensive Methamphetamine used to make meth, and more stringent san commission that argued vigorously Control Act of 1996 is the product of reporting requirements on the sale of to change the disparate sentencing be- many long hours of complex negotia- products containing precursor chemi- tween crack and cocaine. This was ig- tions between industry representatives, cals. nored by the Republican Congress, for members of the Drug Enforcement Ad- The bill also contains provisions they wanted to leave and go home and ministration, the Department of Jus- which will make a better coordinated beat their respective chests to talk tice, and many Members of both the international effort, and strengthens about how they are tough on drugs. House and the Senate. provisions against illegal important of Before I speak to the merits of this meth. We have young people dying every fine bipartisan legislation, I want to Finally, this bill requires all levels of day. They do not die because we lock thank a number of individuals: My law enforcement, in addition to public up people in jail. We realize that people Senator, DIANNE FEINSTEIN of Califor- health officials, to stay ahead of the must be incarcerated. They are dying nia; the gentleman from Illinois, Chair- meth epidemic by creating a national because we do not have a serious pre- man HYDE; Chairman HATCH; the gen- working group which would educate vention program and education pro- tleman from Florida, Chairman the public on the dangers of meth pro- gram. We are not getting to the bottom MCCOLLUM; and the ranking member, duction, trafficking, and abuse. question, of getting those to not buy the gentleman from New York, Mr. The story of our failure to foresee into slogans, but buy into a commit- SCHUMER, for their work on this bill and prevent the crack cocaine epidemic ment to save their lives by staying off and for their determination to see this is one of the most significant public drugs. bill passed before the adjournment of policy mistakes in our recent history. Methamphetamine is a dangerous the 104th Congress. Also I would like to We now face similar warnings with drug. So is crack, so is cocaine, and so thank my colleagues and coauthor, the methamphetamine. We are seeing the is heroin. But there must be an oppor- gentleman from North Carolina, Mr. destruction of families all across tunity to have our Federal judges have HEINEMAN, for his work on this bill. America as a result of the abuse of discretion, to penalize those who are Mr. Speaker, I am very proud of the crack, and we must act now to stop it, suppliers but yet to have some sort of legislation before the House today. For for without swift action, this sad his- response to those who are addicted, and many of us, both in the Congress and in tory may repeat itself. as well be served by treatment. the law enforcement community, it The Fazio-Heineman-McCollum legis- I am also here to suggest that we represents the culmination of many lation is the comprehensive tool that have a major problem in dealing with a years of hard work on this issue. we need to stay ahead of the meth epi- real problem in our community, and I have been working on legislative so- demic and avoid the mistakes made that is the recognition of the allega- lutions to the problems created by during the early stages of the crack co- tions made in the report in the San methamphetamine since the 101st Con- caine epidemic. I urge all my col- Jose Mercury newspaper in California, gress, when I introduced the Regulated leagues to support this much-needed that alleges that individuals associated Precursor Chemical Act of 1990. While legislation and vote for this bill, giving with the Nicaraguan contra rebel group we have enacted antimeth legislation the opportunity for it to be taken up sold cocaine to gangs in the south in almost every subsequent Congress, for a final vote on the morrow. central area of Los Angeles. These the illicit manufacturers and sellers of Mr. Speaker, I thank my friend from news articles indicate that the CIA this drug have remained a step ahead Florida for his assistance in making it used the proceeds from these drug sales of law enforcement and devised new possible to bring this bill to the floor. to purchase weapons for the contras to ways to produce methamphetamine. In Ms. LOFGREN. Mr. Speaker, I yield 3 overthrow the Sandinista Government addition, Mexican drug cartels are now minutes to the gentlewoman from in the 1980’s. involved in the importation of many of Texas, Ms. SHEILA JACKSON-LEE, a dis- These allegations need to be inves- the precursor chemicals used to manu- tinguished member of our committee. tigated. Several Members of this House September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11119 have gone to the CIA Director request- the political arena, come back here in tory minimum sentencing. I know each ing the CIA and the Justice Depart- January, and get together and really one of these individuals well. I know ment as well as this House investigate develop some public policy that is that perhaps even more than those of it. I think if we are serious about drug going to help the children and the us who may not represent areas that prevention, we will get to the source of young people of this Nation. have been targeted for drug sales, they those drugs in Los Angeles and other Ms. LOFGREN. Mr. Speaker, I yield and their constituents know the heavy cities around the Nation and emphasize myself such time as I may consume. price paid by those who are involved in prevention and treatment. That is the Mr. Speaker, a number of comments drugs and how terrible the dealing of way we should go. have been made, and accurately made, drugs is. Ms. LOFGREN. Mr. Speaker, I yield in the course of this debate. The gen- I again respect that the issue over 21⁄2 minutes to the gentlewoman from tleman from North Carolina [Mr. mandatory minimum sentences really California [Ms. WATERS], a respected WATT] pointed out that the committee says nothing about their concern to member of the Committee on the Judi- process was truncated midway and this fight drugs. I urge that we pass this ciary. bill brought directly to the floor, and bill. (Ms. WATERS asked and was given that is the truth. Mr. Speaker, I yield back the balance permission to revise and extend her re- There have been comments made of my time. marks.) that prevention and treatment is the Mr. MCCOLLUM. Mr. Speaker, I yield Ms. WATERS. Mr. Speaker, I would most effective tool against drugs in myself such time as I may consume. like to thank the gentlewoman from America, and I think that it is clear Mr. Speaker, I want to concur with a California for yielding me this time that is true. Our own Governor Wil- lot of what the gentlewoman from Cali- and for providing some leadership on son’s administration released a report fornia just said. This is a bipartisan this issue. last year showing that treatment and bill. There are a few disagreements Mr. Speaker, there has been an awful prevention efforts were massively more among some of the Members over the lot of discussion about drugs of late. It successful in fighting drugs than just minimum mandatory sentences in this is in the campaign now, with candidate pure law enforcement. bill and perhaps with some other fea- Dole accusing President Clinton of not However, that does not mean that we tures in it. paying attention, somehow blaming on should not pass this bill today, and I The bottom line though is we need to him the fact that there appears to be highly recommend it. pass this legislation tonight. We need an increase in the use of drugs by teen- I agree with the speakers who said to get it enacted into law, because agers. that sentencing for crack and powdered methamphetamine, better known as We watch this political debate and cocaine should be equalized. I agree speed, is a really dangerous drug. It we begin to watch legislating and legis- with that. But that is also not about give you a higher and longer high, they lation come forward at this time that this bill. tell me, than crack cocaine does. It is really does not do justice to this issue. Unfortunately, speed and meth- commonly found, it is pretty darn It should not be about politicking. It amphetamine is an equal opportunity cheap, and it is manufactured syn- should not be about trying to make the drug. You will find it being manufac- thetically and manufactured with public believe that something impor- tured in suburban and rural areas all chemicals, we call them tant is really happening as we look at across California. It is a very dan- pseudoephedrine, which is a big word, the drug problem. gerous drug, not only to the users, but but basically is found in most of our The fact of the matter is there has to neighborhoods. In my own district, I cough and flu medications in the drug- not been a war on drugs, and there will can recall just a short while ago a lab store, the grocery store, whatever. never be a war on drugs as long as we bursting and exploding into flames, It takes large quantities of this and do this kind of legislating. We debated posing threats not only from the normally and historically those large for hours about the disparity in crack scourge of drugs but also to firefighters quantities have been acquired through cocaine and powder cocaine sentening. and police officers and neighbors from chemical plant sources from abroad or We have mandatory sentencing, and the conflagration that ensued. elsewhere, and they have been done il- the prisons are filling up with young legally and surreptitiously, but more b 1830 black and Latino males, for the most recently we have been seeing the folks part, got with one rock cocaine, small A lot of people in America do not re- in the United States, and that is where amounts of cocaine, thrown into the alize that this bill deals very severely this is made usually, are going to the Federal system in prison, prisons just with the precursor drugs that are used drugstore or going somewhere and buy- running over. by those who would make ing very large quantities of off-the- Where are the big drug dealers? methamphetamines illegally for sale to counter, over-the-counter I should say, Where are the people who bring in the the young and others in our commu- off-the-shelf products, and that is not huge amounts of cocaine? Where are nities. good. We need to stop that. the big time manufacturers of crack? What is that? Well, I sometimes have This bill goes a long way toward They are not really talked about. We allergies, especially in the spring, and I stopping that, while still providing ac- do not really understand, or do we not must confess I take Sudafed and the cess for every American to have their care perhaps, where and how this gets generic equivalent with some fre- flu and cough medications found in the into the communities in the first place. quency when that happens, and I like so-called pseudoephedrine product line. If we really want to do something to buy it in the little bottle so I do not In addition to that, it takes care of about drugs, we will stop this penny have to struggle with the little bubble being sure that we have the right kind ante legislating and we will do some caps. After this bill is enacted into law of sentencing in here. While some may real studying. We will get to the bot- we are all going to have to struggle disagree with it, and I have heard tom of where the precursors are, how with the little bubble caps, because one somebody say this is penny-ante legis- do they get involved in the manufac- of the things we are going to do is to lation and somebody else say it is too ture of crack. We will get down to who make it harder to buy the precursor expensive, I would suggest it is neither the big guys are, so we can really take chemicals so that people cannot manu- one. There is nothing that would be too it off the street. facture this drug. expensive, in my judgment, to stop the This does not do this that. This is That is going to involve some incon- kind of crisis we are getting in this simply on of these little piecemeal bills venience for consumers across this particular drug. at election time, trying to make the country, including myself, and I think We have already heard about the sta- public believe we are doing something it is a small price to pay in order to tistics that are so alarming about our about drugs, and we are not. take effective efforts against this drug. young people tonight, generally with I think we are better legislators than As I said at the opening of this dis- drugs, in this Nation. We are seeing this. I think we are better public policy cussion, we have many principled this dramatic increase in the last cou- makers than this. I think we should Members on our side who have spoken ple of years in 12- to 17-year-olds using stop, we should focus, take this out of quite eloquently on the issue of manda- drugs, period. Over the last 3 years I H11120 CONGRESSIONAL RECORD — HOUSE September 25, 1996 think the figure is close to a 100-per- Sheriff's Department made 1,117 arrests for rests. This is a 350-percent increase. Commu- cent increase in drug usage among methamphetamine charges, a number that nities along the I±80 corridor are the hardest teenagers of that age group in this Na- greatly exceeded the amount of arrests for co- hit. The severity of the problem in Nebraska tion. And it is very, very high with co- caine, marijuana, and heroin combined. The was highlighted last spring by the tragic death caine, 166 percent in 1 year, while it is Sheriff's Department also discovered and dis- of a teenager in York, NE, at his prom from an also very, very high with methamphet- mantled seven methamphetamine labs, a sig- overdose of methamphetamine. It was a shock amine, which is becoming a choice drug nificant accomplishment but one that drained and wake-up call to this prototypical county over crack cocaine, even more popular the county government of approximately seat community of 7,500 and to all of Ne- in some parts of the country than co- $40,000 of its valuable resources. braska. caine. This year, the Sacramento Sheriff's Depart- The Methamphetamine Control Act in- So tonight’s bill is not a small, ment conducted an investigation that led to creases penalties for trafficking and manufac- penny-ante bill. It is not too expensive. the arrest of four individuals and the seizure of turing methamphetamine substances or other It is just right. It is the formula to give 80 pounds of methamphetamine, valued at materials used to produce our law enforcement community the $2.9 million. Although law enforcement offi- methamphetamines. It appropriately estab- tools they need to try to stop the use of cials have made great progress, there is much lishes mandatory minimum sentences for methamphetamine and the production more work to be done. methamphetamine trafficking. For trafficking 5 of methamphetamine, better known as I am proud to support the Comprehensive to 49 grams of the drug there will be a 5-year speed. If we can give them more tools, Methamphetamine Control Act of 1996, which minimum sentence. The bill requires a 10-year there is nothing in this bill that would takes a big step in addressing this very seri- minimum sentence for trafficking 50 or more be too expensive. ous problem. In light of the public health, safe- grams. These new penalties are crucial to ef- Frankly, there is no money involved ty, and law enforcement challenges posed by forts to decrease the availability of this dan- in this bill. It is a bill, however, that methamphetamine in California and elsewhere gerous and proliferating drug. does contain minimum mandatory sen- in the United States, this bill represents an ef- In closing, Mr. Speaker, we must pass this tences. Those minimum mandatory fective means of attacking its production, dis- bill in the short time left in this session of Con- sentences are very tough because small tribution and use. It is my hope that we will gress. It must also be passed by the Senate quantities, 5 grams, just like with soon rid Sacramento County and the rest of with these tough but appropriate sentencing crack, are trafficking quantities of the country of the terrible consequences of provisions so that it can be sent to the Presi- meth. It does not take much to do the this dangerous drug. dent for signature. The Nation must become job, and I do not think anybody here Mr. BLILEY. Mr. Speaker, I rise in support serious and effective in combating this very should be ashamed to vote for 5 years of H.R. 3852. The legislation increases pen- serious problem. This bill must become law minimum mandatory sentence for alties for trafficking and manufacturing meth- this year in order to do all we can to fight the somebody caught with 5 grams of this amphetamine substances or other materials use of this dangerous drug. stuff because they are trafficking in it. used to produce methamphetamines. The bill Mr. RIGGS. Mr. Speaker, I rise today in strong support of the Methamphetamine Con- They are causing hardship and death in also establishes an interagency task force to trol Act of 1996. This is a bipartisan bill de- some cases to our young people, and design, implement, and evaluate methamphet- signed to attack the production, distribution, they are the villains in this process. amine education, prevention, and treatment and use of methamphetamine in the United We cannot lock everybody up, but we practices. can certainly lock up the drug traffick- Section 207 also contains a provision which States. Methamphetamine poses a serious and ers. If somebody is the big, big, big permits judges, as a condition of sentencing, growing public health concern in this country, drug dealer, we have the death penalty to require those convicted of running an illegal and requires immediate government attention. for that. We have a lot harsher punish- methamphetamine lab to (1) pay for the costs While regulations recently promulgated by the of cleaning up any toxic wastes, (2) reimburse ment for them. What we need is the Drug Enforcement Administration provide a will to go carry out those laws and to the government for any costs it incurs in first step towards combating methamphet- come and do the interdiction, the ‘‘just cleaning up any toxic waste at the site, and amine trafficking, further action is needed to say no’’ education programs for young (3) to pay restitution to any person injured by close loopholes in those regulations and pro- people, the drug treatment and the a release of toxic substances at the site. Un- vide a more complete response to control work abroad, where that is necessary, like Superfund's system of strict, joint and sev- methamphetamine in this country. in a balanced war against drugs. eral, and retroactive liability, this is a ``polluter H.R. 3852 would combat this drug scourge When need to come together as a Na- pays'' provision which makes senseÐsome- by giving the law enforcement community the tion. This is a good step in the right di- one who acts illegally should be held respon- muscle it needs to fight trafficking in meth- rection tonight. It is a bipartisan prod- sible for the costs to clean up the mess that amphetamine and its precursor chemicals. To uct. Democrats and Republicans alike they made. this end, the bill restricts the importation of have worked on this bill, and it is a bill I support the legislation; however, I must methamphetamine and precursor chemicals which the President should sign. point out that the bill has not been fully con- into the United States; increases criminal pen- I hope that when this gets over to the sidered by the committees of jurisdiction. H.R. alties for methamphetamine manufacturers Senate, if President Clinton will pick 3852 was referred to the Committee on the and traffickers; cracks down on the ability of up that telephone and call those Sen- Judiciary and the Committee on Commerce. rogue companies to sell bulk quantities of pre- ators who say that they are going to The Crime Subcommittee has considered the cursor chemicals that are diverted to clandes- try to block this bill from passing over bill, but the full Judiciary Committee has not; tine laboratories for the manufacture of meth- there, and it does not take very many in addition, the Commerce Committee has not amphetamine; and expands regulatory en- of them in the other body to do that considered this legislation. Given the limited forcement of all precursor chemicals used to because they have procedural problems time remaining in this session of Congress, I make methamphetamine, which, in turn, will at the end of a session, I hope he will will not object to this bill moving forward. In plug a loophole in current Drug Enforcement get on the phone and call those mem- doing so, however, the Committee on Com- Administration regulations that apply only to a bers of his own party who say they are merce in no way is yielding any of its jurisdic- narrow range of products that could potentially going to block it over these minimum tion on this and other similar matters. be diverted to illegally manufacture meth- mandatory sentences. I urge him to do Mr. BEREUTER. Mr. Speaker, this Member amphetamine. that tonight, and if he does it, we will is pleased to support H.R. 3852, the Meth- Importantly, the Methamphetamine Control have a bill. It will get passed into law, amphetamine Control Act. Methamphetamine Act balances these critical law enforcement and the Nation will be far better as a is a powerful drug that is relatively easy to objectives with the need to protect consumer result of that and we will have many manufacture. The use of this dangerous drug access to over-the-counter medicines. better law enforcement tools. is escalating rapidly due to its low cost and Thus, while imposing measures to decrease Mr. Speaker, again I urge the passage highly addictive qualities. the availability of precursor chemicals, the leg- of this bill. Methamphetamine use is expanding into the islation does not restrict the ability of law-abid- Mr. MATSUI. Mr. Speaker, in recent years, Midwest. According to the Nebraska State Pa- ing citizens to use common remedies for colds Sacramento County has been increasingly trol, in 1991, Nebraska had 25 arrests for pos- and allergies. Nor does the legislation subject troubled by the prevalence of the drug meth- session of methamphetamine or delivery. In sales of such legal products to onerous record amphetamine. Last year, the Sacramento 1995, there were 374 methamphetamine ar- keeping requirements at the retail level. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11121 Finally, the bill institutes a number of pro- sistance for it’s successful passage. In the ingestion of methamphetamine furnished grams to improve and expand existing edu- Mendocino County, methamphetamine con- to her brought national attention to our cation and research activities related to meth- tinues to be the drug of choice, and as such, small county due to the circumstances sur- presents a most serious and dangerous prob- rounding her disappearance and death. As amphetamine and other drug abuse, and to lem for law enforcement and community you know, the suspect is still being sought in monitor methamphetamine abuse in the Unit- members. her death. In another tragedy, 17 year old ed States and improve reporting of suspicious Here in our county, the Mendocino County Angel Ann Miller died from methamphet- precursor chemical orders. Major Crimes Task Force has conducted 832 amine toxicity after being furnished the drug Mr. Speaker, I have received letters in sup- investigations involving methamphetamine by a male friend, who has since been arrested port of the Methamphetamine Control Act from during Fiscal Years 1992–1993, 1993–1994, 1994– for murder as a result of her death. 1995, and 1995–1996. From these investiga- Therefore, it is without hesitation that I law enforcement and health officials across offer my support to your efforts in seeking California. Among those who have contacted tions, 719 arrests were made and 58 clandes- tine laboratories were seized. legislation to further enhance our ability to me are Jim Maready, Sheriff-Coroner of Del curb methamphetamine production. If nec- Norte County, and James Tuso, Sheriff-Coro- Methamphetamine Investigations essary, we can provide testimony to what we ner of Mendocino County. Both jurisdictions Fiscal year: have encountered. 1992–93 ...... 220 Sincerely, have experienced increases in violence relat- 1993–94 ...... 245 ed to the trafficking and use of methamphet- JAMES TUSO, Sheriff-Coroner. 1994–95 ...... 226 Mr. HEINEMAN. Mr. Speaker, I want to amine. 1995–96 ...... 141 The tragic death of 14-year-old Raina Shir- thank Crime Subcommittee Chairman BILL ley in March of this year as the result of meth- Total ...... 832 MCCOLLUM and his staff for all their assistance amphetamine furnished to her focused na- Of the total number of all narcotics inves- in getting this vital legislation to the floor. I in- tional attention to the problem in Northern tigations conducted by the Mendocino Coun- troduced H.R. 3852, the Comprehensive Meth- California. ty Major Crimes Task Force during this time amphetamine Control Act of 1996 because of As cosponsor of the original version of period (1357), 61% were directly related to the growing scourge of meth. Senator HATCH methamphetamine. Methamphetamine Control Act, I strongly en- introduced companion legislation, S. 1965, dorse the measure before the House today. Methamphetamine Arrests which passed the Senate earlier this month. Meth, commonly known as speed, is highly H.R. 3852 represents a comprehensive re- Fiscal year: 1992–93 ...... 176 addictive and causes permanent brain dam- sponse to this spreading national menace. It is 1993–94 ...... 220 age in long-term users. Meth has become a my hope that Congress will move rapidly to 1994–95 ...... 199 public health crisis in California and the South- enact the bill, and help prevent future trage- 1995–96 ...... 124 west and is moving East. DEA records indi- dies like the one that methamphetamine Total ...... 719 cate a 57-percent increase in meth lab sei- brought to Raina Shirley and her family. zures from January to May of this year alone. Mr. Speaker, I include the letters referenced Of the total number of all narcotics arrests In 1994, California experienced a 49-percent earlier. made by our Major Crimes Task Force dur- ing this time period (1174), 61% were for of- increase in meth-related emergency room ad- COUNTY OF DEL NORTE, fenses related to methamphetamine. missions. In Phoenix, police link a 40-percent OFFICE OF THE SHERIFF, Crescent City, CA, September 18, 1996. Methamphetamine Seized increase in homicides directly to the sudden Re Methamphetamine Control Act of 1996. Fiscal year 1992–93: rise in meth production. Meth produces a Cost ...... $1,003,000 euphoric high, but also produces deep depres- Congressman FRANK RIGGS, Amount (grams) ...... 10,030.00 Longworth Office Building, sion and violent rages. In one particularly Fiscal year 1993–94: Washington, DC. gruesome incident, Eric Smith of Chandler, Cost ...... $231,390 HON. CONGRESSMAN RIGGS: I understand AZ, binged on meth for 24 hours and then be- Amount (grams) ...... 2,313.90 that the Methamphetamine Control Act of Fiscal year 1994–95: headed his son and tossed his son's head 1996 bill is making its way through Congress Cost ...... $545,283 from the window of his van onto a busy high- and came up for mark-up in committee last Amount (grams) ...... 5,452.83 way. Wednesday. Ideally, the fewer changes made Fiscal year 1995–96: Secret labs manufacture meth from chemi- to the bill, the better. This will help facili- Cost ...... $221,535 cals with legitimate medical uses. Two of the tate passage through the Senate. Amount (grams) ...... 2,408.00 most common precursor drugsÐephedrine Methamphetamine at this stage in our so- Total: ciety, even in small rural counties, is in and pseudoephedrineÐare common ingredi- Cost ...... $2,001,208 ents in cold, cough, and flu medications. More many cases to the young people of today Amount (grams) ...... 20,204.73 what marijuana was to the same age group than 100 over-the-counter cold and allergy Our Major Crimes Task Force reported wit- in the ’60’s and ’70’s. medicines contain pseudoephedrine. These nessing an increase in the number and so- The precursers used in the process of man- phistication of clandestine laboratories in products are used by more than 90 million ufacturing methamphetamine are readily our county. Out-of-county methamphet- Americans and account for $1 billion a year in available to those that wish to manufacture amine laboratory operators are paying lab- lawful sales. However, rogue chemists can the illegal drug. In addition, the new proc- site brokers to secure areas to manufacture easily convert these cold and allergy medi- esses used in the making of the drug is much methamphetamine. The property owners are less sophisticated, thus novices can manufac- cines containing pseudoephedrine into meth. paid a fee to allow the process to occur. Once ture the drug in a very short period of time. While I am committed to eliminating meth, I the cooking process is complete, the clandes- I would urge any new sanctions that could believe that we can do so without forcing drug tine laboratory is moved. Some of these be used in fighting this invasive drug that is stores from removing cold and allergy medica- cooking processes yield up to 350 pounds of crippling many of our young people. I am in tion from their shelves because of methamphetamine. constant contact with the young people of overlyburdensome regulations. As written, the our community through my office as Sheriff, Clandestine Laboratories DEA regulations apply new recordkeeping re- coaching high school football, D.A.R.E., and Fiscal year: quirements to retailers, forcing individual other civic involvements. Please do not hesi- 1992–93 ...... 6 clerks to engage in complicated calculations 1993–94 ...... 12 tate in contacting me if I can be of any as- concerning base chemical quantities. Failure sistance. 1994–95 ...... 19 Sincerely, 1995–96 ...... 21 to comply or make correct calculations can re- JIM MAREADY, sult in $30,000 in fines or incarceration. In- Sheriff-Coroner. Total ...... 58 stead of complying with these criminal regula- Like other jurisdictions, Mendocino Coun- tions, drug stores will simply remove most cold OFFICE OF THE SHERIFF-CORONER, ty has experienced an increase in violence and allergy medicines from the shelves. This COUNTY OF MENDOCINO, related to the use and trafficking of meth- will dramatically affect the 90 million consum- Ukiah, CA, September 16, 1996. amphetamine. Our most heinous act of vio- ers who rely on this medicine. My bill revokes Congressman FRANK RIGGS, lence occurred on August 23, 1993, when 21 these DEA regulations. U.S. Congress, year old Ronald Trever Harden shot and This is a nonpartisan issue. Ranking mem- Longworth Office Building, Washington, DC. killed his mother, father, sister and 16 ber CHARLES SCHUMER wrote DEA Adminis- DEAR CONGRESSMAN RIGGS: I am in receipt month old niece while under the influence of of Senator Feinstein’s correspondence in re- methamphetamine. He then took his own trator Tom Constantine on February 28, 1996, gards to the Methamphetamine Control Act life. to express the very same concerns regarding of 1996, and will be most honored to endorse The tragic death of 14 year old Raina Bo DEA's proposed regulations that Congress- this proposed legislation and offer any as- Shirley in March of this year as a result of men MEL WATT and HOWARD COBLE and I H11122 CONGRESSIONAL RECORD — HOUSE September 25, 1996 raised in a March 19, 1996, letter. In addition, technical amendment offered by Chairman REPORT ON RESOLUTION WAIVING I was pleased to work closely with Congress- BILL MCCOLLUM. This legislation was devel- POINTS OF ORDER AGAINST CON- man VIC FAZIO from California who introduced oped in consultation with the Department of FERENCE REPORT ON H.R. 1296, similar legislation. The administration is also Justice and staff of the U.S. Sentencing Com- OMNIBUS PARKS AND PUBLIC on record as being supportive of this bill. This mission. It is a reasonable, bipartisan bill, and LANDS MANAGEMENT ACT OF is indicative of the bipartisan nature of this leg- I want to thank my colleagues on both sides 1996 islation. of the aisle who have expressed their support Mr. SOLOMON, from the Committee As a 38-year law enforcement veteran, I for this legislation. on Rules, submitted a privileged report have seen epidemics of heroin, LSD, cocaine, Why is this legislation needed? Telemarket- (Rept. No. 104–842) on the resolution (H. and crack infect our cities and communities. ing fraud against seniors is on the rise, but the Res. 536) waiving points of order We must take immediate and dramatic action average sentence for this kind of crime is only against the conference report to ac- to ensure that meth is eradicated, while at the 18 months. The 1994 Crime bill directed the company the bill (H.R. 1296), to provide same time enabling consumers access to U.S. Sentencing Commission to review the for the administration of certain Pre- cold, flu, and allergy medication. That is why Federal sentencing guidelines and report back sidio properties at minimal cost to the I introduced H.R. 3852, which: to Congress on amendments to the guidelines Federal taxpayer, which was referred Increases penalties for possession and traf- that would ensure tough sentences for tele- to the House Calendar and ordered to ficking of methamphetamine, making them marketing frauds. Unfortunately, when the be printed. equivalent to the penalties for crack-cocaine Sentencing Commission reported back to Con- Increases penalties for illegal possession gress in March of 1995, it concluded that no f and trafficking of precursor chemicals used for enhancements for telemarketing fraud were DRUG-INDUCED RAPE PREVENTION the manufacture of methamphetamine and needed. AND PUNISHMENT ACT OF 1996 other controlled substances. This past April, the Subcommittee on Crime Reduces single transaction reporting re- Mr. MCCOLLUM. Mr. Speaker, I heard the tragic testimony of senior citizens move to suspend the rules and pass the quirements for all sales other than ordinary who lost their life savings to telemarketing bill (H.R. 4137) to combat drug-facili- over-the-counter pseudoephedrine or phenyl- scams. One of my constituents, Mary Ann tated crimes of violence, including sex- propanolamine containing products from 1 kg Downs from Raleigh lost over $74,000. In Dur- to 24 grams. ual assaults. ham, NC, an elderly woman was victimized for The Clerk read as follows: Creates a safe harbor for ordinary over-the- $212,000. The FBI estimates that U.S. con- counter products containing pseudoephedrine sumers lose over $40 billion a year to fraudu- H.R. 4137 or phenylpropanolamine to cover those prod- lent telemarketers. Be it enacted by the Senate and House of Rep- ucts packaged in package sizes of not greater My legislation directs the U.S. Sentencing resentatives of the United States of America in Congress assembled, than three grams of pseudoephedrine or phen- Commission to amend the sentencing guide- ylpropanolamine base and packaged in blister lines so that sentences for general telemarket- SECTION 1. SHORT TITLE. packs. This will effectively combat shelf This Act may be cited as the ‘‘Drug-In- ing fraud offenses are enhanced by 4 levels, duced Rape Prevention and Punishment Act sweeping. and telemarketing fraud offenses committed of 1996’’. Establishes new reporting requirements for against seniors are enhanced by 8 levels. SEC. 2. USE OF CONTROLLED SUBSTANCES TO firms that sell pseudoephedrine or phenyl- According to staff of the U.S. Sentencing COMMIT SEXUAL ASSAULT CRIMES propanolamine products via mail order. Commission, a 4-level enhancement for tele- OF VIOLENCE Imposes tougher penalties on those who im- marketing frauds would equal roughly 11 Section 404 of the Controlled Substances port meth or its precursor chemicals with the months, or a 60-percent increase from the av- Act (21 U.S.C. 844) is amended by inserting intent to distribute them within the United erage 18 months sentence currently received. ‘‘a person convicted under this subsection for States. the possession of a mixture or substance con- An 8-level increase would equal roughly an taining a detectable amount of a controlled H.R. 3852 represents a common sense ap- additional 25 months, or a 140-percent in- proach to a dangerous problem. It fairly bal- substance, with the intent to administer crease from the current average 18-month such mixture or substance to another person ances the concerns of consumers with those sentence for these frauds. This still falls short to facilitate a crime of violence, as defined of law enforcement so that meth can be elimi- of the full extent of the 5 years and 10 years in section 16 of title 18, United States Code, nated. It is my sincere hope that the President additional prison time envisioned by the 1994 (including a sexual assault) against that per- joins our antidrug initiative and signs H.R. Crime bill, but it is a critical step in combating son, shall be fined under title 18, United 3852 into law. I urge my colleagues to support telemarketing fraud. States Code, or imprisoned not more than 15 this tough, bipartisan legislation. Pass H.R. The bill also includes a sentencing enhance- years, or both, and if the victim or intended 3852! victim of the crime of violence is age 14 or ment of 2 levels for frauds committed by de- under, shall be imprisoned not more than 20 Thank you, Mr. Speaker. fendants in a foreign country. This is in re- Mr. HEINEMAN. Mr. Speaker, today I am years, and’’ after ‘‘Notwithstanding the pre- sponse to the fact that increasing numbers of ceding sentence,’’. pleased that the House is poised to pass my telemarketers are moving their operations to bill, H.R. 1499, the Telemarketing Fraud Pun- SEC. 3. ADDITIONAL PENALTIES RELATING TO foreign jurisdictions in an attempt to evade FLUNITRAZEPAM. ishment and Prevention Act of 1996. H.R. prosecution in the United States. In addition, (a) GENERAL PENALTIES.—Section 401 of the 1499 protects senior citizens from a sophisti- H.R. 1499 provides for criminal forfeiture of Controlled Substances Act (21 U.S.C. 841) is cated type of white collar criminalÐtelemarket- the proceeds of telemarketing scams. amended— (1) in subsection (b)(1)(A)— ing scam artists who target vulnerable elderly I urge my colleagues to support H.R. 1499, citizens. (A) by striking ‘‘or’’ at the end of clause the Telemarketing Fraud Punishment and Pre- (vii); These crimes are among the most out- vention Act of 1996 and help protect their sen- rageous in society because telemarketing (B) by inserting ‘‘or’’ at the end of clause ior constituents from telemarketing predators. (vii); scam artists prey on the most vulnerableÐ Thank you, Mr. Speaker. (C) by inserting after clause (viii) the fol- seniors who can least afford to lose their lim- Mr. MCCOLLUM. Mr. Speaker, I yield lowing: ited savings. In fact, Members have already back the balance of my time. ‘‘(ix) 1 gram or more of flunitrazepam;’’; spoken against telemarketing fraud once be- The SPEAKER pro tempore (Mr. (2) in subsection (b)(1)(B)— (A) by striking ‘‘or’’ at the end of clause fore, and many of my colleagues thought that DICKEY). The question is on the motion the job of getting tough on these kinds of (vii); offered by the gentleman from Florida (B) by inserting ‘‘or’’ at the end of clause crimes was already completed. However, the [Mr. MCCOLLUM] that the House sus- (vii); job is only half done. The 1994 crime bill in- pend the rules and pass the bill, H.R. (C) by inserting after clause (viii) the fol- cluded important language cracking down on 3852, as amended. lowing: telemarketing fraud. Today we will pass legis- The question was taken. ‘‘(ix) 100 mg or more of flunitrazepam;’’; lation which completes what was begun in the Mr. MCCOLLUM. Mr. Speaker, on and 1994 crime bill, legislation that takes the tough that I demand the yeas and nays. (3) in subsection (b)(1)(C), by inserting ‘‘or flunitrazepam’’ after ‘‘I or II’’. sentences included in the 1994 crime bill and The yeas and nays were ordered. (b) IMPORT AND EXPORT PENALTIES.— makes certain that telemarketing scam artists The SPEAKER pro tempore. Pursu- (1) Section 1009(a) of the Controlled Sub- actually receive tougher penalties. ant to clause 5 of rule I and the Chair’s stances Import and Export Act (21 U.S.C. H.R. 1499 was approved unanimously by prior announcement, further proceed- 959(a)) is amended by inserting ‘‘or the Subcommittee on Crime together with a ings on this motion will be postponed. flunitrazepam’’ after ‘‘I or II’’. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11123 (2) Section 1010(b) of the Controlled Sub- nically known as flunitrazepam, better controlled substance. The Adminis- stances Import and Export Act (21 U.S.C. known by its trade name Rohypnol, trator is given 6 months to conduct 960(b)) is amended— this inexpensive drug is being used by this study, and I fully expect Congress (A) in paragraph (1)— (i) by striking ‘‘or’’ at the end of subpara- sexual predators to incapacitate their to revisit this issue when that report is graph (G); victims before they are raped. completed. As chairman of the Crime (ii) by inserting ‘‘or’’ at the end of subpara- Rohypnol is colorless, odorless, taste- Subcommittee, I intend to hold a hear- graph (H); less and dissolves quickly and easily in ing on the DEA’s report shortly after (iii) by inserting after subparagraph (H) alcohol. In fact, alcohol enhances the it’s received. the following: drug’s intoxicating effects, and leaves It is entirely possible that other ‘‘(I) 1 gram or more of flunitrazepam;’’; and the victim utterly helpless and vulner- drugs may now exist, or may come (B) in paragraph (2)— able to rape. along in the future, which have the (i) by striking ‘‘or’’ at the end of subpara- Mr. Speaker, what makes the use of graph (G); same properties as Rohypnol. This leg- (ii) by inserting ‘‘or’’ at the end of subpara- this drug even more vile and contempt- islation address those drugs, by mak- graph (H); ible is that victims are likely to suffer ing it illegal to posses a controlled sub- (iii) by inserting after subparagraph (H) amnesia. This makes it impossible for stance with the intent to administer the following: them to recount to law enforcement that substance to facilitate a crime of ‘‘(I) 100 mg or more of flunitrazepam;’’ and the circumstances surrounding the violence. If a victim is under the age of (C) in paragraph (3), by inserting ‘‘or rape. These victims suffer the knowl- 14, the penalties are even higher. This flunitrazepam’’ after ‘‘I or II,’’. edge that they have been sexually as- bill ensures that whatever new ‘‘date- (3) Section 1010(b)(4) of the Controlled Sub- saulted—they just can’t remember or stances Import and Export Act is amended rape drug’’ may come along, the pen- by inserting ‘‘(except a violation involving explain how it happened. alties are there for any sexual predator flunitrazepam)’’ after ‘‘III, IV, or V,’’. The distribution and abuse of this who may try and use it. SEC. 4. SENTENCING GUIDELINES. drug is a particularly big problem in The bill also directs the Sentencing Pursuant to its authority under section 994 my home State of Florida, From 1990 Commission to recommend additional of title 28, United States Code, the United to 1992, there were 14 State and local penalties for the distribution of various States Sentencing Commission shall review law enforcement cases involving quantities of flunitrazepam, and au- and amend the sentencing guidelines for of- flunitrazepam, and the drug was found thorizes the Attorney General to cre- fenses involving flunitrazepam. The Commis- almost exclusively in the Dade County ate educational materials regarding sion shall submit to Congress a summary of area. By 1995, the number of cases had the use of controlled substances in fur- its review, and an explanation for any escalated to in excess of 480. Moreover, amendment to the sentencing guidelines therance of rapes. made pursuant to this section. In carrying as law enforcement encounters indi- Mr. Speaker, we have a short time out this section, the Commission shall en- cate, the drug has now spread all over left in this Congress, and it would be a sure that the sentencing guidelines for such the State of Florida. tragedy if we did not pass such a sig- offenses reflect the serious nature of such of- This drug has been frequently found nificant and important piece of legisla- fenses. at nightclubs and college parties. It is tion. This bill can help put a stop to SEC. 5. STUDY ON RESCHEDULING also horrifying to learn that distribu- the abhorrent practice of incapacitat- FLUNITRAZEPAM. tion of this drug has been discovered at ing woman for the purpose of sexual as- The Administrator of the Drug Enforce- junior and senior high schools—in Flor- sault. I commend the gentleman from ment Administration shall conduct a study ida, as well as in numerous other New York [Mr. SOLOMON] for being the on the appropriateness and desirability of re- States. The drug has also been adopted scheduling flunitrazepam as a Schedule I force responsible for getting this bill to controlled substance under the Controlled by street gang members across the the floor today. I strongly urge my col- Substances Act (21 U.S.C. 801 et seq.), and country. In Texas, street gangs have leagues to support this bill. shall consult with other Federal and State been known to administer Rohypnol to Mr. Speaker, I reserve the balance of agencies as appropriate. Not later than 180 females in order to commit gang rape my time. days after the date of the enactment of this as part of the initiation into a gang. Mr. SCHUMER. Mr. Speaker, I yield Act, the Administrator shall submit the re- Although it is approved in other myself such time as I may consume. sults of such study, together with any rec- countries for short-term treatment of Mr. Speaker, I rise in support of the ommendations as to such rescheduling, to anxiety and sleep disorders, this drug the Committees on the Judiciary of the bill, even though I believe that it does House of Representatives and the Senate. is not currently approved by the Food not go far enough. and Drug Administration for market- SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DE- Mr. Speaker, this bill is aimed at an PARTMENTS. ing in the United States. According to alarming growth in the domestic abuse The Attorney General is authorized to cre- the Drug Enforcement Administration, of a drug popularly known as ‘‘the date ate educational materials regarding the use Rohypnol is being smuggled in from rape drug.’’ of controlled substances in the furtherance Mexico and other Latin America coun- This drug, technically known as of rapes and sexual assaults and disseminate tries. flunitrazepam is a sedative and a hyp- those materials to police departments This drug is currently listed as a notic. Although it is marketed abroad, throughout the United States. Schedule IV drug on the Controlled it is not legally available in the United The SPEAKER pro tempore. Pursu- Substances Act. Schedule IV drugs are States. ant to the rule, the gentleman from drugs with accepted medical uses and It is marketed under a variety of Florida [Mr. MCCOLLUM] and the gen- low potential for abuse. The DEA has trade names, the most widely used tleman from New York [Mr. SCHUMER] suggested that the drug be moved to being Roche Pharmaceutical’s each will control 20 minutes. Schedule I—which are drugs with no ‘‘Rohypnol.’’ It is known on the street The Chair recognizes the gentleman currently accepted medical uses in the by slang names such as ‘‘roofies,’’ from Florida [Mr. MCCOLLUM]. United States and which have a high ‘‘ropies,’’ and ‘‘ropes.’’ GENERAL LEAVE potential for abuse. The difficulty in Rohypnol enters this country Mr. MCCOLLUM. Mr. Speaker, I ask deciding whether to reschedule through a variety of channels, and sub- unanimous consent that all Members flunitrazepam is that the drug has stantial evidence of abuse has emerged. may have 5 legislative days within some accepted medical uses—it is pre- This abuse includes: use by high school which to revise and extend their re- scribed legally in 64 other countries. teenagers and college students to in- marks on the bill under consideration. This bill will substantially increase the crease and prolong highs from alcohol; The SPEAKER pro tempore. Is there penalties for manufacturing or distrib- use by heroin addicts to boost heroin objection to the request of the gen- uting flunitrazepam, to give law en- highs; use by cocaine users to para- tleman from Florida? forcement the muscle it needs to pros- chute down from a cocaine binge, and There was no objection. ecute these cases. However, it also di- use as an aid in the commission of Mr. MCCOLLUM. Mr. Speaker, I yield rects the Administrator of the DEA to rape. This abuse has earned it the infa- myself such time as I may consume. conduct a thorough study on the appro- mous names of the date rape drug. Mr. Speaker, they call it ‘‘the forget priateness and desirability of resched- The use of Rohypnol in rape stems pill’’ or ‘‘the date-rape drug.’’ Tech- uling flunitrazepam to a Schedule I from the fact that the drug—especially H11124 CONGRESSIONAL RECORD — HOUSE September 25, 1996 in combination with other depres- All of her family members were move it to a stronger penalty at this sants—puts the victim in a virtual stu- shocked. They certainly knew that this time. por, with profound sedation, impaired was not a drug abuser, and they cer- Mr. Speaker, I rise today in support of H.R. motor control, and adversely altered tainly knew that this young lady had 4137. Unfortunately, violence against women mental judgment and behavior. And it much to live for. But tragically, it was is a major problem in our country today and also induces amnesia, so that the vic- determined, after law enforcement no- one of its most devastating forms is that of tim cannot accurately remember what tified some of the officials dealing with date rape. While this is an issue that has happened to her. the autopsy, that they might just look plagued us for a long long time, it is the emer- Mr. Speaker, the bill before us is a into this so-called date rape drug, and gence of a drug called Rohypnol, which was watered down version of what the full there it was, that this particular the catalyst for this legislation. This legislation Judiciary Committee approved just healthy teenager died because of a also applied to ``GHB'' another such drug that last week. At that time, the committee tragic use of this type of drug. caused the recent tragic death of a teenager voted to raise the drug’s classification So it is very important to recognize in Texas. from what is known as schedule four— that we can say no, we can say, just do To reiterate for my colleagues, Rohypnol is with relatively weak penalties—to not do it, but this is a drug that needs a drug used in many foreign countries for the schedule one—with the toughest pen- the pointed focus of this House of Rep- treatment of tension, stress and insomnia, but alties applicable to any controlled sub- resentatives. it has not been certified for prescription in the stance. The drug is odorless, it is colorless, it United States. This is a drug almost identical Somehow, between then and today, is tasteless, and it causes sedation and to other FDA approved drugs currently pre- the majority was persuaded to weaken euphoric effects within 15 minutes. In scribed by doctors in the U.S. and has several this bill, and to take out the reschedul- the instance in my community, this legitimate and practical uses. ing provision. There is no way to de- young lady had a terrible headache. Regardless, like many other illegal drugs, it scribe this but a cave in to the de- Afraid to tell her parents what had is now being smuggled in from Mexico and mands of the pharmaceutical industry. happened, that she had been out when South America and it is being used in the exe- I regret that the majority backed she should have been at home, she cution of the most horrible crimes possibleÐ down in the face of heavy, behind-the- tragically went to bed and did not those of sexual assault against another per- scenes lobbying and brought this weak wake up. son. measure to the floor. The effects are boosted further by al- While this drug represents a particular prob- Nevertheless, because it does sub- cohol use or marijuana. Most offen- lem within a larger issue this bill is much stantially increase penalties for the sively, this particular drug has become broader since it criminalized the use of any use of controlled substances in crimes a tool of predators who spike the controlled substance with the intent to commit of violence, including rape, I will sup- drinks of unsuspecting young women sexual assault. This bill also sets stiff penalties port the measure and urge my col- and then rape them. In this instance, for those who are convicted of such crimes leagues to vote for it. that did not occur. But tragically, this and attempts to protect children by inflicting However, I hope that the next Con- is what occurs on many occasions. So prison sentences of up to 20 years for those gress, perhaps with a change in leader- we must recognize the dangers of the perpetrators whose victims are 14 years old or ship, will stand up to the special inter- Rohypnol drug. younger. ests and get even tougher on this dan- I applaud the efforts of Mr. SOLOMON to ad- The FDA has begun the administra- gerous drug. Maybe we will even do it dress this dire social issue at least partially, if tive process of moving this drug from without a change in leadership because not completely. For it cannot be refuted that schedule 4 to schedule 1, to put the it is the right thing to do no matter while Rohypnol is used for the purposes of drug in the same category that carries who takes over. sexual assault, its use represents only a small the same penalties as LSD and heroin. b 1845 fraction of sexual assaults. But, unfortunately, we found that even Regardless, I support this bill and what it at- Mr. Speaker, I yield such time as she after this bill passed through the Com- tempts to do. I stand with the other Members may consume to the gentlewoman from mittee on the Judiciary, it seems to on both sides of the aisle, in the fight against Texas [Ms. JACKSON-LEE]. have been reworded and reworked, and violence against women, in whatever form it Ms. JACKSON-LEE of Texas. Mr. so this drug today remains a schedule 4 takes. This bill is only another battle in the Speaker, I thank the gentleman from drug, not because anyone actually be- long, arduous war that we are fighting and that New York, Mr. SCHUMER. And might I lieves it is safe as the other schedule 4 we will one day win. say that there is much to say about drugs like Valium, but because a drug Mr. MCCOLLUM. Mr. Speaker, I yield this, but I will certainly contain my re- company has successfully lobbied, to such time as he may consume to the marks. the detriment of women and girls gentleman from New York [Mr. SOLO- This is a very serious matter that is across the country. MON], the author of this legislation. made more serious by a recent incident I will simply say, Mr. Speaker, that I Mr. SOLOMON. Mr. Speaker, I thank in my community. I hope this brings certainly have the confidence that we the chairman, and I commend the home the importance of this legisla- will go back and correct this. I cer- chairman of the Subcommittee on tion, albeit I am concerned with the tainly hope the life of this young, and Crime, the gentleman from Florida, mysterious way that it has changed vigorous young lady, does not go in Mr. BILL MCCOLLUM, for the outstand- from being a schedule 4 circumstance vain. I also hope that we add to this ef- ing job he does as chairman of that to a schedule 1. fort certainly the importance of pre- subcommittee and particularly for his That is, a young lady, a teenager, vention and education, programs like support dealing with this heinous healthy, academically inclined, an ath- the Safe and Drug-free Schools, DARE crime of date rape. lete, respected in her community, had programs, explaining to our teenagers I would also like to commend my col- much life before her, tragically lost her that the utilization of any drug is not league, the gentlewoman from New life in the last 2 months because of a the way to go, but recognizing that the York, Ms. SUSAN MOLINARI, for her rec- so-called date rape drug. date rape drug is usually dropped on an ognition of this problem and her co- Having come home from a volleyball unsuspecting victim. sponsorship of the bill to punish people camp and just wanting to spend some It is important that we focus on this who use this drug to commit rapes. time with her friends at one of the drug, focus on this legislation, and in Also, I would like to thank the gen- local teenage clubs, where no alcohol, fact, maybe at another day, emphasize tleman from Georgia, Mr. BOB BARR, might I say, was served, but having the level that it should be at, which for his support and the gentleman from spent a few hours there and drinking should be schedule 4. North Carolina, Mr. FRED HEINEMAN, a whatever the soft drinks were that I thank the gentleman for his kind- young marine, 45 years ago, that went were there, went home around mid- ness and his leadership, and I hope that through boot camp with me, for his as- night and failed to wake up. The trag- we can work together in a bipartisan sistance with this bill in the commit- edy was even prolonged, for it took a manner, and I thank the chairman for tee. Unfortunately, Mr. HEINEMAN is ill month before it was determined, the his work in passing this legislation and recovering from surgery and could cause of death. through. I am just concerned that we not be here to lend his support tonight. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11125 Mr. Speaker, the use of any illegal 1985 and 1991, the DEA experienced gentleman from New York, about the drug as a tool to commit sexual bat- three cases or less each year involving background of this legislation and why tery and rape is as loathsome as using this drug, only three cases back during it is necessary. I would simply like to a weapon. It seems to me that this the years 1985 to 1991. By 1993, that take a few moments to commend him, kind of manipulative drug use is just as number climbed to 15, primarily, as the to commend the chairman of the Sub- dangerous and just as loathsome as chairman of the subcommittee, Mr. committee on Crime, Mr. MCCOLLUM, holding a knife to someone’s throat BILL MCCOLLUM, said before, in Texas to commend the other cosponsors of and should be dealt with accordingly. and Florida. And by 1995, the DEA had this legislation on both sides of the That is what we are attempting to do 38 Rohypnol investigations. This year, aisle, for putting forward a piece of leg- with this legislation. the DEA has initiated 108 cases and the islation in a bipartisan manner with In response to the growing use of U.S. Customs Service has 271 cases. So broad-ranging support which it de- date rape drugs and the use of other you can see the progression that is tak- serves. drugs in violent sex crimes against ing place now. Mr. Speaker, the ability or the women and children, the bill before us Given this disturbing trend, our bill imagination of drug abusers and crimi- today increases the penalties for any- increases the penalties for possessing nals to figure out or fashion or come up one who possesses a drug with the in- drugs like Rohypol to levels com- with or imagine new ways of using con- tent to commit a crime of violence, in- parable to cocaine, heroin, and LSD. trolled substances, mind-altering cluding sexual battery. That is what The bill also requires the DEA to study drugs, that is, is unfortunately limit- this is all about. whether Rohypnol should be moved to less. The Congress of the United Our bill increases the maximum pen- schedule 1 and to submit a report to States, therefore, Mr. Speaker, needs alty to 15 years in prison for using any Congress with its recommendations to be vigilant in working with our law controlled substance to commit a within 6 months. Regardless of the end enforcement officials to identify these crime of violence, and greater penalties result on the side issue of rescheduling, new problems as they develop, not all are imposed on someone who is sick the public at large will be protected of which can be foreseen, to maintain enough to use the drug to rape a vicitm now with stiffer penalties imposed for the flexibility to meet the challenges 14 years of age and younger. possession of roofies. posed by new and dangerous uses of This legislation marks the first time, Mr. Speaker, any drug like Rohypol drugs and the development of new the very first time, the use of a con- that is odorless, colorless, tasteless, drugs, given the state of technology to trolled substance will be viewed as a which renders someone defenseless, po- manufacture new drugs. weapon anywhere in the United States. tentially could be the next date rape b 1900 That is the importance of this legisla- drug. For instance, I have an article We have to do so, Mr. Speaker, in a tion. The stiffer sentences in this bill which appeared in the September 11 way that addresses a specific problem focus on the criminal intent of the in- issue of the San Francisco Chronicle. yet maintains the proper jurisdictional dividual possessing that drug. This article describes how a young 17- bases and the proper concept of federal- Mr. Speaker, it is important to point year-old girl died after someone slipped ism in the developing of that new legis- out that illegal drugs have been at the a drug called gamma y- lation to meet these new challenges very root of the social ills facing our hydroxybutyrate into her drink. posed to law enforcement. society today. Consider this fact, Mr. That particular drug is not even a This piece of legislation before us Speaker: Approximately 75 percent of controlled substance; it is an allowed today, Mr. Speaker, is a textbook ex- all of the violent crimes in America drug in this country. Yet that drug is ample, I believe, of how to responsibly today against women and children are an odorless and almost tasteless drug meet that challenge in a very timely drug related, 75 percent. In other that was slipped into an unsuspecting manner and without running afoul of words, in three out of four violent victim’s drink, and, in this sad case, important concepts of federalism. A crimes against women and children, she did not even survive. This is ex- problem was identified. It has become a some irresponsible adult or juvenile is actly why we must have an approach crisis to law enforcement. They have getting high on drugs and then com- that is broader that just one drug. This come to the Congress, citizens have mitting a despicable act against a help- is why we must be careful not to fool come to this Congress, and said there is less woman or child. ourselves by branding a particular the a problem here, please help us. We have That is bad enough. But this bill fo- date rape drug. We need to go after all met that challenge in a bipartisan cuses on even more sinister problems, of them. manner, Mr. Speaker, in a way that another kind of low-life who uses drugs The bill before us today is a common does not expand Federal jurisdiction. It as a weapon against unsuspecting, sense, tough response by this Congress just recognizes that there is a new helpless women or young girls, some- to protect the safety and sanctity of facet of existing Federal jurisdiction. one who fully intends to commit an act young women and children. It sends a I was very honored last week to pro- of sexual battery against another with very powerful message to any sex of- pose this amendment to a piece of leg- the help of a controlled substance. Mr. fender, anywhere, and any other vio- islation then under consideration in Speaker, there are literally dozens of lent criminal, for that matter, that the Committee on the Judiciary, and drugs, especially sedative, hypnotic you will get the book thrown at you for working with the gentleman from New drugs, that could be combined with al- using these kinds of drugs in commit- York [Mr. SOLOMON], with the gen- cohol and used to commit such a crime. ting a crime of rape. tleman from Florida [Mr. MCCOLLUM], Our bill is not limited to punishing So on behalf of Congressman FRED with the gentlewoman [Mrs. SCHROE- one particular drug. There is no single HEINEMAN, the major cosponsor of this DER], and with others, we were able to date rape drug. Earlier this year we bill, and Chairman BILL MCCOLLUM, I present this matter to the Committee heard the reports of how the drug, ask Members to vote yes on this vital on the Judiciary in such a way so that Rohypnol, known on the streets as legislation that will stop this heinous it obtained the support by voice of that roofies, was being slipped into the crime of date rape. I really do appre- great committee. drinks of unsuspecting women with the ciate the support of BOB BARR, who We have before us today that piece of intent to induce extensive blackout pe- now has taken over management of legislation, which obviously has bipar- riods and make them susceptible to this bill, for his strong support for the tisan support, as it enjoyed bipartisan sexual crimes without them even bill. last week in the Committee on the Ju- knowing it. The use of this drug con- Mr. SCHUMER. Mr. Speaker, I have diciary, and I would ask for its favor- tinues to be a real concern for law en- no further requests for time, and I able consideration. forcement, for drug counselors, for yield back the balance of my time. Mrs. KELLY. Mr. Speaker, I rise in strong teachers and parents. Mr. BARR of Georgia. Mr. Speaker, I support of H.R. 4137, legislation which seeks According to the Drug Enforcement yield myself such time as I may to addressing the growing and disturbing prob- Administration, Rohypnol has merged consume. lem of drug-induced date rape. as a significant abuse and trafficking Mr. Speaker, much has been said Mr. Speaker, rape, regardless of the cir- problem in the United States. Between quite eloquently, most recently by the cumstances, is a terrible act of violence H11126 CONGRESSIONAL RECORD — HOUSE September 25, 1996 against women. But what is particularly trou- tragic instances of women being sexually as- SECTION 1. SHORT TITLE. bling is a growing trend of sexual violence saulted after their drinks were laced with po- This Act may be cited as the ‘‘Human against women who are unknowingly drugged tent sedative drugs. The bill imposes stiff pen- Rights, Refugee, and Other Foreign Rela- and then sexually assaulted. Sexual predators alties for the unlawful distribution and traffick- tions Provisions Act of 1996’’. have found a dangerous weapon in certain ing of Rohypnol and extends criminal penalties SEC. 2. TABLE OF CONTENTS. kinds of drugs, and we must recognize and re- to anyone convicted of using a controlled sub- The table of contents of this Act is as fol- spond to this growing problem. stance with the intent to commit a sexual bat- lows: H.R. 4137 will increase criminal penalties for tery. the possession of certain drugs with the intent I support the legislation; however, I must Sec. 1. Short title. to use them to commit crimes of violence, in- point out that the bill has not been fully con- Sec. 2. Table of contents. cluding rape, against another person. The bill sidered by the committees of jurisdiction. H.R. TITLE I—FOREIGN RELATIONS puts special emphasis on a drug known as 4137 was referred to both the Committee on PROVISIONS Rohypnol or ``roofies,'' which is commonly the Judiciary and the Committee on Com- Sec. 101. Fees for machine readable visas. used in date rape cases, and also directs the merce. Neither committee had an opportunity Sec. 102. Report to Congress concerning Justice Department to make available edu- to report the bill. Given the limited time re- Cuban emigration policies. cational materials on the use of drugs in rape maining in this session of Congress, and the Sec. 103. Extension of certain adjudication and sexual assault cases. importance of this issue, I will not object to provisions. Mr. Speaker, the Drug-Induced Rape Pre- this bill moving forward. In doing so, however, Sec. 104. Persecution for resistance to coer- cive population control meth- vention and Punishment Act sends a clear the Committee on Commerce in no way is message that we will not tolerate crimes of vi- ods. yielding any of its jurisdiction on this and other Sec. 105. Conduct of certain educational and olence against women. I urge my colleagues similar matters. to join me in supporting this important legisla- cultural exchange programs. Mrs. FOWLER. Mr. Speaker, I urge my col- Sec. 106. Educational and cultural exchanges tion. leagues to join me in support of this important Ms. DUNN of Washington. Mr. Speaker, a and scholarships for Tibetans measure. This is an issue that is too important and Burmese. special thanks to Mr. SOLOMON, Ms. MOLINARI for politicsÐespecially for someone like me, Sec. 107. International Boundary and Water and all of my colleagues who worked so dili- who has a college-aged daughter. Commission. gently to move this legislation forward. As my colleagues know, the incidence of vi- Drug-induced date rape is the ultimate crime TITLE II—FOREIGN ASSISTANCE PROVISIONS olence and crime against women continues to of cowardice. It is intolerable, and this bill escalate daily. Criminals and would-be crimi- sends the message that it will not be toler- Sec. 201. Human rights reports. nals keep finding new ways to victimize atedÐregardless of what drug is used. Sec. 202. Assistance for Mauritania. women. This bill represents one of the many By most accounts, Rohypnol is currently the TITLE I—FOREIGN RELATIONS steps that need to be taken in order to help drug of choice for sex offenders. It is powerful, PROVISIONS stop the violation of innocent women. I urge it is odorless, it is tasteless, and it is cheap. SEC. 101. FEES FOR MACHINE READABLE VISAS. my colleagues to take this vital stride forward. This issue is not just confined to Rohypnol, Section 140(a) of the Foreign Relations Au- First and foremost this legislation would im- however: Alcohol has always been and prob- thorization Act, Fiscal Years 1994 and 1995 pose tough minimum sentences on first-time ably will remain the primary date-rape drug. (Public Law 103–236) is amended— offenders who distribute what are referred to The real problem here is sex offendersÐ (1) by striking paragraphs (2) and (3) and as ``date-rape drugs'' with the intent to rape. and we know that if they cannot get Rohypnol inserting the following: This is only right, Mr. Speaker. These drugs they will use something else. That is why H.R. ‘‘(2) For fiscal years 1996 and 1997, not more than $150,000,000 in fees collected under the render women helpless. When criminals ad- 4137 applies schedule I penalties for the pos- session of Rohypnol, and also imposes tough authority of paragraph (1) for each fiscal minister drugs like Rohypnol, their victims are year shall be deposited as an offsetting col- not aware it has been added to their drink be- penalties on sex offenders who use other lection to any Department of State appro- cause the drug is tasteless and odorless. drugs to render their victims helpless. Think priation to recover the costs of the Depart- Rohypnol is intended for use in treating people about your daughters and support this bill. ment of State’s border security program, in- with severe sleep disorders and is 10 times Mr. BARR of Georgia. Mr. Speaker, I cluding the costs of— more powerful than Valium. Unfortunately, it have no further requests for time, and ‘‘(A) installation and operation of the ma- can induce amnesia as a side effect, which in I yield back the balance of my time. chine readable visa and automated name- date-rape cases obviously impairs the victim's The SPEAKER pro tempore (Mr. check process; ‘‘(B) improving the quality and security of DICKEY). The question is on the motion ability to relay what transpired and to recall the United States passport; who raped them. Rapists prefer Rohypnol be- offered by the gentleman from Florida ‘‘(C) passport and visa fraud investigations; cause it is fact-acting. It's effects begin within [Mr. MCCOLLUM] that the House sus- and 30 minutes, peak within 2 hours and may per- pend the rules and pass the bill, H.R. ‘‘(D) the technological infrastructure to sist up to 8 hours or more. Often times, the ef- 4137. support and operate the programs referred to fects have lasted as much as 24 hours after The question was taken. in subparagraphs (A) through (C). ingestion. Mr. SOLOMON. Mr. Speaker, on that Such fees shall remain available for obliga- Mr. SOLOMON's ``Drug-Induced Rape Pre- I demand the yeas and nays. tion until expended. vention and Punishment Act'' proposes mini- The yeas and nays were ordered. ‘‘(3) For any fiscal year, fees collected mum sentences of not less than 20 years for The SPEAKER pro tempore. Pursu- under the authority of paragraph (1) in ex- Rohypnol traffickers and would-be rapists. ant to clause 5 of rule I and the Chair’s cess of the amount specified for such fiscal Mr. Speaker, this stiff penalty is justified to prior announcement, further proceed- year under paragraph (2) shall be deposited combat this problem. No parent should have in the general fund of the Treasury as mis- ings on this motion will be postponed. cellaneous receipts.’’; and to send a daughter off to college afraid that f (2) by striking paragraph (5). she might be drugged and victimized by a rap- SEC. 102. REPORT TO CONGRESS CONCERNING ist. We should give those parents whose chil- HUMAN RIGHTS, REFUGEE, AND CUBAN EMIGRATION POLICIES. dren have left home reassurance that we have OTHER FOREIGN RELATIONS Beginning 3 months after the date of the done all we can to deter this criminal behavior. PROVISIONS ACT OF 1996 enactment of this Act and every subsequent No woman should have to worry about this 6 months, the Secretary of State shall in- heinous act affecting her life. No woman Mr. SMITH of New Jersey. Mr. clude in the monthly report to Congress en- should live in fear that the next beverage she Speaker, I move to suspend the rules titled ‘‘Update on Monitoring of Cuban Mi- consumes will render her a defenseless victim. and pass the bill (H.R. 4036) to grant Returnees’’ additional information That is why this House should stand up today, strengthen the protection of inter- concerning the methods employed by the for women across the country, and say to the nationally recognized human rights, as Government of Cuba to enforce the United States-Cuba agreement of September 1994 to cowardly individuals who commit this crime: amended. The Clerk read as follows: restrict the emigration of the Cuban people no more. We must establish zero-tolerance for from Cuba to the United States and the rape and the use of drugs to commit rape. H.R. 4036 treatment by the Government of Cuba of per- I urge passage of this important bill. Be it enacted by the Senate and House of Rep- sons who have returned to Cuba pursuant to Mr. BLILEY. Mr. Speaker. I rise in support resentatives of the United States of America in the United States-Cuba agreement of May of H.R. 4137. We recently have heard several Congress assembled, 1995. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11127 SEC. 103. EXTENSION OF CERTAIN ADJUDICA- Agency shall establish programs of edu- assistance or arms transfers to the Govern- TION PROVISIONS. cational and cultural exchange between the ment of Mauritania unless the President cer- The Foreign Operations, Export Financing, United States and the people of Tibet. Such tifies to the Congress that such Government and Related Programs Appropriations Act, programs shall include opportunities for has taken appropriate action to eliminate 1990 (Public Law 101–167) is amended— training and, as the Director considers ap- chattel slavery in Mauritania, including— (1) in section 599D (8 U.S.C. 1157 note)— propriate, may include the assignment of (1) the enactment of anti-slavery laws that (A) in subsection (b)(3), by striking ‘‘and personnel and resources abroad. provide appropriate punishment for violators 1996’’ and inserting ‘‘1996, and 1997’’; and (b) SCHOLARSHIPS FOR TIBETANS AND BUR- of such laws; and (B) in subsection (e), by striking out ‘‘Oc- MESE.— (2) the rigorous enforcement of such laws. tober 1, 1996’’ each place it appears and in- (1) Subject to the availability of appropria- (b) DEFINITIONS.—For purposes of this sec- serting ‘‘October 1, 1997’’; and tions, for fiscal year 1997 at least 30 scholar- tion, the following definitions apply: (2) in section 599E (8 U.S.C. 1255 note) in ships shall be made available to Tibetan stu- (1) ECONOMIC ASSISTANCE.—The term ‘‘eco- subsection (b)(2), by striking out ‘‘September dents and professionals who are outside nomic assistance’’ means any assistance 30, 1996’’ and inserting ‘‘September 30, 1997’’. Tibet, and at least 15 scholarships shall be under part I of the Foreign Assistance Act of made available to Burmese students and pro- SEC. 104. PERSECUTION FOR RESISTANCE TO CO- 1961 (22 U.S.C. 2151 et seq.), except that such ERCIVE POPULATION CONTROL fessionals who are outside Burma. term does not include humanitarian assist- METHODS. (2) WAIVER.—Paragraph (1) shall not apply ance. (a) DEFINITION OF REFUGEE.— to the extent that the Director of the United ILITARY ASSISTANCE OR ARMS TRANS- (1) Section 101(a)(42) of the Immigration States Information Agency determines that (2) M FERS.—The term ‘‘military assistance or and Nationality Act (8 U.S.C. 1101(a)(42)) is there are not enough qualified students to arms transfers’’ means— amended by adding at the end the following: fulfill such allocation requirement. (A) assistance under chapter 2 of part II of ‘‘For purposes of determinations under this (3) SCHOLARSHIP DEFINED.—For the pur- Act, a person who has been forced to abort a poses of this section, the term ‘‘scholarship’’ the Foreign Assistance Act of 1961 (22 U.S.C. pregnancy or to undergo involuntary steri- means an amount to be used for full or par- 2311 et seq.; relating to military assistance), lization, or who has been persecuted for fail- tial support of tuition and fees to attend an including the transfer of excess defense arti- ure or refusal to undergo such a procedure or educational institution, and may include cles under sections 516 through 519 of that for other resistance to such forced proce- fees, books, and supplies, equipment required Act (22 U.S.C. 2321j through 2321m); dures, shall be deemed to have been per- for courses at an educational institution, liv- (B) assistance under chapter 5 of part II of secuted on account of political opinion, and ing expenses at a United States educational the Foreign Assistance Act of 1961 (22 U.S.C. a person who has a well founded fear that he institution, and travel expenses to and from, 2347 et seq.; relating to international mili- or she will be forced to undergo such a proce- and within, the United States. tary education and training); (C) assistance under the ‘‘Foreign Military dure or subject to persecution for such fail- SEC. 107. INTERNATIONAL BOUNDARY AND Financing Program’’ under section 23 of the ure, refusal, or resistance shall be deemed to WATER COMMISSION. have a well founded fear of persecution on The Act of May 13, 1924 (49 Stat. 660, 22 Arms Export Control Act (22 U.S.C. 2763); or account of political opinion.’’. U.S.C. 277–277f), is amended in section 3 (22 (D) the transfer of defense articles, defense (2) Not later than 90 days after the end of U.S.C. 277b) by adding at the end the follow- services, or design and construction services each fiscal year, the Attorney General shall ing new subsection: under the Arms Export Control Act (22 submit a report to the Committee on the Ju- ‘‘(d) Pursuant to the authority of sub- U.S.C. 2751 et seq.), including defense articles diciary of the House of Representatives and section (a) and in order to facilitate further and defense services licensed or approved for the Committee on the Judiciary of the Sen- compliance with the terms of the Convention export under section 38 of that Act (22 U.S.C. ate describing the number and countries of for Equitable Distribution of the Waters of 2778). origin of aliens granted refugee status or the Rio Grande, May 21, 1906, United States- Mexico, the Secretary of State, acting The SPEAKER pro tempore. Pursu- asylum under determinations pursuant to ant to the rule, the gentleman from the amendment made by paragraph (1). Each through the United States Commissioner of New Jersey [Mr. SMITH] and the gen- such report shall also contain projections re- the International Boundary and Water Com- garding the number and countries of origin mission, may make improvements to the Rio tleman from Virginia [Mr. MORAN] Grande Canalization Project, originally au- of aliens that are likely to be granted refu- each will control 20 minutes. thorized by the Act of August 29, 1935 (49 gee status or asylum for the subsequent 2 fis- Stat. 961). Such improvements may include The Chair recognizes the gentleman cal years. all such works as may be needed to stabilize from New Jersey [Mr. SMITH]. (b) NUMERICAL LIMITATION.—Section 207(a) the Rio Grande in the reach between the of the Immigration and Nationality Act (8 (Mr. SMITH of New Jersey asked and Percha Diversion Dam in New Mexico and U.S.C. 1157(a)) is amended by adding at the was given permission to revise and ex- the American Diversion Dam in El Paso.’’. end the following new paragraph: tend his remarks.) TITLE II—FOREIGN ASSISTANCE ‘‘(5) For any fiscal year, not more than a Mr. SMITH of New Jersey. Mr. total of 1,000 refugees may be admitted under PROVISIONS this subsection or granted asylum under sec- SEC. 201. HUMAN RIGHTS REPORTS. Speaker, I yield myself such time as I tion 208 pursuant to a determination under (a) SECTION 116 REPORT.—Section 116(d) of may consume. the third sentence of section 101(a)(42) (relat- the Foreign Assistance Act of 1961 (22 U.S.C. Mr. Speaker, I first of all want to ing to persecution for resistance to coercive 2151n(d)) is amended— thank the gentleman from Florida [Mr. population control methods).’’. (1) in paragraph (2), by striking ‘‘and’’ at MCCOLLUM] for allowing us to sandwich (c) CONTINGENT REPEALER.—Subsections (a) the end; and (b) of this section and the amendments (2) by redesignating paragraph (3) as para- our bill because of a scheduling con- made by such subsections shall not take ef- graph (5); and flict in between his other bills that are fect and this section and such amendments (3) by inserting after paragraph (2) the fol- scheduled and to especially thank the are repealed whenever the Illegal Immigra- lowing new paragraphs: gentleman from Virginia [Mr. MORAN] tion Reform and Immigrant Responsibility ‘‘(3) the votes of each member of the Unit- for graciously agreeing to be here to- Act of 1996 is enacted into law (whether be- ed Nations Commission on Human Rights on night and to join us in hopefully pass- fore, on, or after the date of the enactment all country-specific and thematic resolutions ing this important legislation. of this Act). voted on at the Commission’s annual session SEC. 105. CONDUCT OF CERTAIN EDUCATIONAL during the period covered during the preced- Mr. Speaker, very briefly, this legis- AND CULTURAL EXCHANGE PRO- ing year; lation is nine provisions, human rights GRAMS. ‘‘(4) the extent to which each country has and refugee related. It is a bipartisan In carrying out programs of educational extended protection to refugees, including bill. It is cosponsored, I am happy to and cultural exchange in countries whose the provision of first asylum and resettle- say, by our committee chairman, full people do not fully enjoy freedom and de- ment; and’’. committee chairman, the gentleman mocracy (including but not limited to China, (b) SECTION 502B REPORT.—Section 502B(b) Vietnam, Cambodia, Tibet, and Burma), the of such Act (22 U.S.C. 2304(b)) is amended by from New York [Mr. GILMAN], the rank- Director of the United States Information adding after the second sentence the follow- ing member, the gentleman from Indi- Agency shall take appropriate steps to pro- ing new sentence: ‘‘Each report under this ana [Mr. HAMILTON], the gentleman vide opportunities for participation in such section shall list the votes of each member of from California [Mr. LANTOS], who is programs to human rights and democracy the United Nations Commission on Human ranking on my subcommittee, the gen- leaders of such countries. Rights on all country-specific and thematic tleman from California [Mr. BERMAN], SEC. 106. EDUCATIONAL AND CULTURAL EX- resolutions voted on at the Commission’s an- the gentleman from Illinois [Mr. CHANGES AND SCHOLARSHIPS FOR nual session during the period covered dur- TIBETANS AND BURMESE. ing the preceding year.’’. HYDE], the gentlewoman from Florida (a) ESTABLISHMENT OF EDUCATIONAL AND SEC. 202. ASSISTANCE FOR MAURITANIA. [Ms. ROS-LEHTINEN], the gentleman CULTURAL EXCHANGE FOR TIBETANS.—The Di- (a) PROHIBITION.—The President may should from Pennsylvania [Mr. GOODLING], and rector of the United States Information not provide economic assistance, military others. H11128 CONGRESSIONAL RECORD — HOUSE September 25, 1996 It is a consensus bill about what its laws against human chattel slavery. This is his perseverance in shepherding it to this needs to be done in a number of impor- a vicious form of persecutionÐit involves ra- point. I urge my colleagues to support the bill. tant human rights areas. It also pro- cial discrimination against blacks, religious Ms. JACKSON-LEE of Texas. Mr. Speaker, vides some authorities that the State persecution of Christians, and the worst forms I rise in support of H.R. 4036, the Human Department would like to have, one es- of degradation of women and children. The Rights, Refugees and Other Foreign Relations pecially dealing with machine readable policies of our Government toward Mauritania Provisions Act. I support the provisions of the fees to finance border security pro- must be calculated to put a speedy end to this bill that reduce the discretion of U.S. immigra- grams at no cost to the U.S. taxpayer heinous practice. tion authorities to deny political asylum to indi- and an authority of the United States None of these sections was a source of viduals who claim coercion by a foreign gov- to stabilize the channel of the Rio controversy in the conference or on the House ernment to participate in population control Grande River in accordance with inter- or Senate floor, and none was alluded to in programs. This provision will make it easier for national agreements, and there are the statement accompanying the President's immigrants to claim asylum on this basis. also some provisions dealing with veto of H.R. 1561. Several sections have been Furthermore, I support the prohibition on USIA. modified slightly to address concerns ex- economic and military assistance to the Gov- Mr. Speaker, I do think it is a good pressed by the administration. The act does ernment of Mauritania unless our President bill, and again I ask to put my full not authorize expenditures for foreign assist- certifies that Mauritania has taken action to statement into the RECORD. ance. We have worked with the administration eliminate slavery. The statement referred to is as fol- and with Democrats on the International Rela- Another important provision of the bill orders lows: tions Committee to meet their concerns. I the President to submit reports to Congress Mr. Speaker, I am pleased to begin this dis- have been assured that the administration regarding the voting record of the U.N. Com- cussion of the Human Rights, Refugee, and does not oppose this bill and that it actively missioners on Human Rights on country-spe- Other Foreign Relations Provisions Act of supports several important provisions of the cific resolutions. We need to continue to make 1996. This act, which I am proud to sponsor legislation. Major provisions of this bill are also human rights a major factor in the formulation along with BEN GILMAN, LEE HAMILTON, TOM supported by a broad range of human rights and implementation of our foreign policy. The LANTOS, HOWARD BERMAN, HENRY HYDE, organizations and other groups including the President's report must also include informa- ILEANA ROS-LEHTINEN, and BILL GOODLING, Council of Jewish Federations, the Hebrew tion on each country's effort to protect refu- consists of nine provisions that were originally Immigrant Aid Society, the Union of Councils gees. included in H.R 1561, the Foreign Relations for Soviet Jewry, the Lawyers Committee for With respect to human rights, I would have Act for Fiscal Years 1996 and 1997, which Human Rights, the U.S. Committee for Refu- preferred that the bill contain provisions relat- was passed by the House and Senate last gees, the United States Catholic Conference, ing to human rights problems in Ethiopia. year. the Christian Coalition, the Family Research While the current government in Ethiopia is Several provisions of the act extend or en- Council, and the International Campaign for much better than the previous government in hance authority to conduct important programs Tibet. the area of human rights, there is still much that are already underway. Two of these au- I urge a ``yes'' vote on this important human work to be done. I am concerned by reports thorities relate to the security of our Nation's rights bill. that academicians, journalists and opposition borders: The State Department's authority to Mr. Speaker, I yield back the balance leaders are being persecuted for their beliefs use machine-readable fees to finance its Bor- of my time. and efforts against the current government. der Security Program at no cost to U.S. tax- Mr. MORAN. Mr. Speaker, I yield The State Department should continue to payers, and the authority of the United States myself such time as I may consume to carefully monitor human rights progress in to stabilize the channel of the Rio Grande say that this bill has been modified so Ethiopia as we allocate funding to Ethiopia in River in accordance with international agree- that it is truly a bipartisan product. It fiscal year 1997. ments. is supported by a number of the senior I urge my colleagues to support this legisla- The act extends the authority of USIA to in- ranking members on the Committee on tion clude Tibetan and Burmese exiles in its schol- International Relations. It does some Mr. PORTER. Mr. Speaker, I am pleased to arship programs, and requires USIA to take good and important things in the area rise in support of this legislation which would appropriate steps to involve pro-democracy of international human rights, many of ensure passage of several important provi- and human rights leaders in exchange pro- which have been described by the gen- sions which are included in the Immigration grams with countries whose people do not tleman from New Jersey [Mr. SMITH]. bill. Should partisan differences continue to fully enjoy freedom and democracy. It also re- As a result, the minority has no objec- hold up the Immigration bill, we would still be quires that the State Department's Country tion and urges passage of the bill. able to address the serious issues of U.S. Reports on Human Rights Practices include Mr. GILMAN. Mr. Speaker, H.R. 4036 was support to Tibetan and Burmese exiles and re- reports on each country's votes on resolutions introduced by my friend, the chairman of the classification of resistance to reproductive per- before the U.N. Human Rights Commission, Subcommittee on International Operations and secution as constituting political persecution as well as its treatment of refugees. The latter Human Rights, the gentleman from New Jer- under the refugee definition. In addition, this provision is designed to enhance efforts to sey [Mr. SMITH]. I want at this time to thank bill will provide continued authorization for one persuade other countries in the Western him once again for his steadfast support in of the most successful aspects of our refugee Hemisphere and elsewhere to accept their fair Committee during this very eventful Congress. and asylum law: the protection of high risk ref- share of the world's refugee population, rather This bill consists largely of items culled from ugees such as Soviet Jews. than leaving the brunt of the burden on the the conference report on H.R. 1561 that help These measures have already received the United States and a few other nations. enforce human rights around the world or support of this House in other legislation. H.R. The act extends for 1 year the current law make other, needed changes to the laws in- 4036 will provide a stop-gap to ensure their relating to refugees in certain high-risk cat- volved in the foreign relations of the United continuation. I urge my colleagues to support egories, such as Jews and evangelical Chris- States. this most worthwhile legislation. tians from the former Soviet Union and South- Among the matters that are taken up are Mr. MORAN. Mr. Speaker, I yield east Asians who have suffered persecution for the extension of the so-called Lautenberg back the balance of my time. their wartime associations with the United amendment, which provides for expedited con- The SPEAKER pro tempore. The States. It also clarifies the law with respect to sideration for Christians and Jews still in jeop- question is on the motion offered by forced abortion, forced sterilization, and perse- ardy in parts of the former Soviet Union, ex- the gentleman from New Jersey [Mr. cution on account of resistance to such forced tending the authorization for the State Depart- SMITH] that the House suspend the procedures. It requires periodic reports on the ment to collect the special machine readable rules and pass the bill, H.R. 4036, as Castro government's methods of enforcing its visa fee which goes for border security oper- amended. immigration agreements with the United States ations, extending certain authorities for the The question was taken; and (two- and its treatment of people returned to Cuba International Boundary and Water Commis- thirds having voted in favor thereof) in accordance with these agreements. sion's operations on the U.S.-Mexican Border, the rules were suspended and the bill, Finally, the act provides that the United and several human rights provisions relating to as amended, was passed. States should not give foreign assistance, Mauritania and other places. The title of the bill was amended so other than humanitarian assistance, to Mauri- This bill has wide, deserved support and I as to read: ‘‘A bill making certain pro- tania unless that country rigorously enforces commend the gentleman from New Jersey for visions with respect to internationally September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11129 recognized human rights, refugees, and chapter’’ and inserting ‘‘for which an en- that control over their credit cards and foreign relations.’’ hanced penalty is provided under section 2326 bank accounts will be taken away from A motion to reconsider was laid on of this title’’. them by their children if they tell any- the table. SEC. 6. ADDITION OF CONSPIRACY OFFENSES TO one how they have lost their money. SECTION 2326 ENHANCEMENT. f Humiliation, and the fear of losing of Section 2326 of title 18, United States Code, independence, keeps these elderly vic- GENERAL LEAVE is amended by inserting ‘‘, or a conspiracy to commit such an offense,’’ after ‘‘or 1344’’. tims as easy prey for scam artists. Mr. SMITH of New Jersey. Mr. In response to this heartless activity, The SPEAKER pro tempore. Pursu- Speaker, I ask unanimous consent that Mr. HEINEMAN introduced H.R. 1499. Un- ant to the rule, the gentleman from all Members may have 5 legislative fortunately he cannot be here with us Florida [Mr. MCCOLLUM] and the gen- days within which to revise and extend today because he is at home in this dis- tlewoman from California [Ms. their remarks on H.R. 4036, the bill just trict recovering from surgery, and I LOFGREN] each will control 20 minutes. passed. know we all wish him a speedy recov- The Chair recognizes the gentleman The SPEAKER pro tempore. Is there ery. from Florida [Mr. MCCOLLUM]. objection to the request of the gen- Chief HEINEMAN’s bill strikes back at tleman from New Jersey? GENERAL LEAVE those who would take advantage of There was no objection. Mr. MCCOLLUM. Mr. Speaker, I ask trusting or vulnerable members of our f unanimous consent that all Members society. The bill amends § 982(a) of title may have 5 legislative days within 18, United States Code, by requiring a TELEMARKETING FRAUD PUNISH- which to revise and extend their re- defendant convicted of fraud involving MENT AND PREVENTION ACT OF marks on the bill under consideration. a telemarketing scam to forfeit prop- 1996 The SPEAKER pro tempore. Is there erty used in the commission of the of- Mr. MCCOLLUM. Mr. Speaker, I objection to the request of the gen- fense or any proceeds received as a re- move to suspend the rules and pass the tleman from Florida? sult of the offense. The bill also directs bill (H.R. 1499) to improve the criminal There was no objection. the U.S. Sentencing Commission to law relating to fraud against consum- Mr. MCCOLLUM. Mr. Speaker, I yield amend the sentencing guidelines to in- ers, as amended. myself such time as I may consume. crease sentences for telemarketing The Clerk read as follows: Mr. Speaker, older Americans have fraud offenses as defined in section 2326 H.R. 1499 rapidly become the preferred targets of of title 18, United States Code. The in- Be it enacted by the Senate and House of Rep- fraudulent telemarketers. Some of crease shall be at least 4 levels for gen- resentatives of the United States of America in them are lonely, and appreciate having eral telemarketing fraud, and at least 8 Congress assembled, someone to talk to during the day. levels if the defendant is found to have SECTION 1. SHORT TITLE. Many of them are just trusting, and targeted persons over the age of 55. This Act may be cited as the ‘‘Telemarket- they simply cannot tell a legitimate Under current law, telemarketers are ing Fraud Punishment and Prevention Act of telephone sales pitch from an illegit- supposed to be getting up to 10 years in 1996’’. imate one. prison for seeking out and victimizing SEC. 2. FORFEITURE OF FRAUD PROCEEDS. These elderly victims are tricked persons over the age of 55. But the sen- Section 982(a) of title 18, United States into giving money to phony charities, tencing guidelines have never been Code, is amended by adding at the end the applying for bogus credit cards or pay- amended regarding telemarketing following: ing for unnecessary repairs for their ‘‘(6) The Court, in sentencing a defendant fraud, even though Congress encour- for an offense under section 2326, shall order homes. Worst of all, many of them are aged the Commission to do so in 1994. that the defendant forfeit to the United further scammed when they receive Crooked telemarketers are spending an States any real or personal property— phone calls from people claiming to be average of only 1 year in jail. It is un- ‘‘(A) used or intended to be used to commit private investigators or attorneys who deniable that criminal telemarketers or to promote the commission of such of- want to help them get their lost money are getting off easy, and this bill will fense, if the court in its discretion so deter- back. Organizers of these so-called ‘‘re- ensure that their sentences are more mines, taking into consideration the nature, covery-room scams’’ convince the el- than doubled. scope, and proportionality of the use of the derly person that almost all of the al- property in the offense; and The bill also adds conspiracy lan- ‘‘(B) constituting, derived from, or trace- ready spent money can be recovered— guage to section 2336. This addition al- able to the gross receipts that the defendant this is, provided that a few thousands lows Federal prosecutors to seek out obtained directly or indirectly as a result of dollars are mailed up front first. The the masterminds behind the boiler the offense,’’. cost to consumers for these and other rooms—the places where the tele- SEC. 3. SENTENCING GUIDELINES CHANGES. reprehensible telemarketing schemes is marketers conduct their illegal activi- Pursuant to its authority under section currently estimated to be about $40 bil- ties. This conspiracy language will aid 994(p) of title 28, United States Code, the lion a year. prosecutors by allowing them to go United States Sentencing Commission shall This past April, the Subcommittee after the organizers of these fraudulent review and amend the sentencing guidelines on Crime, which I Chair, held a hearing to provide a sentencing enhancement for any activities. This provision was added at offense listed in section 2326 of title 18, Unit- on telemarketing fraud and victimiza- the behest of the Department of Jus- ed States Code— tion of the elderly. Subcommittee tice. (1) by at least 4 levels if the circumstances members heard from an elderly woman Finally, this bill makes a small, authorizing an additional term of imprison- who was swindled by crooked tele- technical clarification to section ment under section 2326(1) are present; and marketers, and lost nearly $75,000— 2337(a) of title 18. Currently, section (2) by at least 8 levels if the circumstances practically hear life’s savings. Mr. 2337 directs the court to order restitu- authorizing an additional term of imprison- Speaker, this woman was asked at the tion for any offense under this chapter. ment under section 2326(2) are present. hearing why she let the phone calls go The bill makes it clear that section SEC. 4. INCREASED PUNISHMENT FOR USE OF on for so long. Why didn’t she tell her FOREIGN LOCATION TO EVADE 2336 of the telemarketing fraud chapter PROSECUTION. family that she was being targeted? of title 18 is merely a penalty enhance- Pursuant to its authority under section This poor woman responded that she ment section, and not a new Federal of- 994(p) of title 28, United States Code, the was too ashamed and embarrassed to fense. The Department of Justice was United States Sentencing Commission shall tell her children. She had lost all the concerned about this ambiguity, so amend the sentencing guidelines to increase money that she and her late husband this language makes clear that there is the offense level for any fraud offense by at had so carefully saved, and she was too no new offense under chapter 113A. least 2 levels if the defendant conducted ac- humiliated to admit it to anyone. Mr. Speaker, I would like to com- tivities to further the fraud from a foreign country. Tragically, that woman’s story is not mend my good friend from North Caro- an uncommon one. lina, Mr. HEINEMAN, for his commit- SEC. 5. CLARIFICATION OF ENHANCEMENT OF PENALTIES. Embarrassment is a weapon for these ment to this issue, and his efforts to Section 2327(a) of title 18, United States telefrauds, and they freely exploit it. combat this serious problem. He intro- Code, is amended by striking ‘‘under this Some even threaten their older victims duced H.R. 1499 more than a year ago, H11130 CONGRESSIONAL RECORD — HOUSE September 25, 1996 and his dedication to protecting the el- dividuals who are mentally regarded or was released from prison or placed on parole, derly who are being preyed upon by mentally challenged and other vulner- supervised release, or probation. greedy, heartless crooks is truly admi- able consumers fall prey to these kinds ‘‘(b) ESTABLISHMENT.—The Attorney Gen- eral shall establish a national database at rable. I am very sorry that he is unable of devastating acts. the Federal Bureau of Investigation to track to be here to see the fruits of all his ef- So I rise to support this, and I ask the whereabouts and movement of— forts, and I urge my colleagues to sup- my colleagues to support H.R. 1499. ‘‘(1) each person who has been convicted of port the bill. a criminal offense against a victim who is a b Ms. LOFGREN. Mr. Speaker, I yield 1915 minor; myself such time as I may consume. Ms. LOFGREN. I again urge passage ‘‘(2) each person who has been convicted of Mr. Speaker, I rise in support of the of this bill. Mr. Speaker, I have no fur- a sexually violent offense; and bill. This bill strikes at one of the most ther requests for time, and I yield back ‘‘(3) each person who is a sexually violent cynical crimes in America, fraud predator. the balance of my time. ‘‘(c) REGISTRATION REQUIREMENT.—Each against older Americans. The unscru- Mr. MCCOLLUM. Mr. Speaker, I urge person described in subsection (b) who re- pulous crooks who run the schemes passage of the bill, and I yield back the sides in a State that has not established a that this bill aims at has stolen the life balance of my time. minimally sufficient sexual offender reg- savings of scores of honest, hard-work- The SPEAKER pro tempore (Mr. istration program shall register a current address, fingerprints of that person, and a ing older Americans. They have driven DICKEY). The question is on the motion thousands of others deep into debt. current photograph of that person with the offered by the gentleman from Florida FBI for inclusion in the database established These con artists have turned years [Mr. MCCOLLUM] that the House sus- under subsection (b) for the time period spec- that ought to be spent in well-earned pend the rules and pass the bill, H.R. ified under subsection (d). hours of enjoyment into hellish night- 1499, as amended. ‘‘(d) LENGTH OF REGISTRATION.—A person mares. Unfortunately, many of these The question was taken; and (two- described in subsection (b) who is required to schemes operate not only across State thirds having voted in favor thereof) register under subsection (c) shall, except during ensuing periods of incarceration, con- lines, but even across international the rules were suspended and the bill, boundaries. Often only the Federal tinue to comply with this section— as amended, was passed. ‘‘(1) until 10 years after the date on which Government has the resources and the A motion to reconsider was laid on the person was released from prison or jurisdictions to stop a given fraud the table. placed on parole, supervised release, or pro- scheme and punish its perpetrators. bation; or f This bill gives the Federal Govern- ‘‘(2) for the life of the person, if that per- ment a few additional tools to go after PAM LYCHNER SEXUAL OFFENDER son— those who prey on our parents, grand- TRACKING AND IDENTIFICATION ‘‘(A) has 2 or more convictions for an of- fense described in subsection (b); parents and other older Americans. It ACT OF 1996 allows for criminal forfeiture of prop- ‘‘(B) has been convicted of aggravated sex- erty used in such schemes, enhances Mr. MCCOLLUM. Mr. Speaker, I ual abuse, as defined in section 2241 of title 18, United States Code, or in a comparable penalties in cases of telemarketing move to suspend the rules and pass the bill (H.R. 3456) to provide for the na- provision of State law; or fraud aimed at persons over 55 years of ‘‘(C) has been determined to be a sexually age, and directs the Sentencing Com- tionwide tracking of convicted sexual violent predator. mission to increase sentencing in cases predators, and for other purposes, as ‘‘(e) VERIFICATION.— where criminals operate from foreign amended. ‘‘(1) PERSONS CONVICTED OF AN OFFENSE countries to evade prosecution. The Clerk read as follows: AGAINST A MINOR OR A SEXUALLY VIOLENT OF- Mr. Speaker, this is a modest bill, H.R. 3456 FENSE.—In the case of a person required to but an important bipartisan blow register under subsection (c), the FBI shall, Be it enacted by the Senate and House of Rep- during the period in which the person is re- against crime. I congratulate the resentatives of the United States of America in quired to register under subsection (d), ver- chairman for working with us on this Congress assembled, ify the person’s address in accordance with measure, and I urge my colleagues to SECTION 1. SHORT TITLE. guidelines that shall be promulgated by the vote for it. This Act may be cited as the ‘‘Pam Attorney General. Such guidelines shall en- Mr. Speaker, I yield such time as she Lychner Sexual Offender Tracking and Iden- sure that address verification is accom- may consume to the gentlewoman from tification Act of 1996’’. plished with respect to these individuals and Texas [Ms. JACKSON-LEE], a distin- SEC. 2. OFFENDER REGISTRATION. shall require the submission of fingerprints guished member of the committee. (a) ESTABLISHMENT OF FBI DATABASE.— and photographs of the individual. Ms. JACKSON-LEE of Texas. Mr. Subtitle A of title XVII of the Violent Crime ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para- Control and Law Enforcement Act of 1994 (42 graph (1) shall apply to a person described in Speaker, I wanted to add to the impact subsection (b)(3), except that such person of this legislation as I rise to support U.S.C. 14071) is amended by adding at the end the following new section: must verify the registration once every 90 H.R. 1499. Not only does it respond to days after the date of the initial release or ‘‘SEC. 170102. FBI DATABASE. the humiliation that occurs through commencement of parole of that person. ‘‘(a) DEFINITIONS.—For purposes of this sec- our senior citizens in their sunset ‘‘(f) COMMUNITY NOTIFICATION.— tion— ‘‘(1) IN GENERAL.—Subject to paragraph (2), years of which they may be active in ‘‘(1) the term ‘FBI’ means the Federal Bu- community life, but yet somewhat in- the FBI may release relevant information reau of Investigation; concerning a person required to register timidated by those who might prey ‘‘(2) the terms ‘criminal offense against a under subsection (c) that is necessary to pro- upon them through telephone fraud. It victim who is a minor’, ‘sexually violent of- tect the public. also impacts the mentally retarded or fense’, ‘sexually violent predator’, ‘mental ‘‘(2) IDENTITY OF VICTIM.—In no case shall physically or mentally challenged and abnormality’, and ‘predatory’ have the same the FBI release the identity of any victim of other vulnerable consumers. meanings as in section 170101(a)(3); and an offense that requires registration by the If there is anything that we hear as ‘‘(3) the term ‘minimally sufficient sexual offender with the FBI. we travel about our districts, it is some offender registration program’ means any ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN State sexual offender registration program of the tragic stories that occur from RESIDENCE.— that— ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.— some of the overly aggressive tele- ‘‘(A) requires the registration of each of- For purposes of this section, a person shall marketing efforts to prey upon those fender who is convicted of an offense de- be deemed to have established a new resi- individuals that will be easily vulner- scribed in subparagraph (A) or (B) of section dence during any period in which that person able to say a quick ‘‘yes,’’ and I think 170101(a)(1); resides for not less than 10 days. that this legislation helps give a mini- ‘‘(B) requires that all information gathered ‘‘(2) PERSONS REQUIRED TO REGISTER WITH mal amount of support to those indi- under such program be transmitted to the THE FBI.—Each establishment of a new resi- viduals who might clearly have lost FBI in accordance with subsection (g) of this dence, including the initial establishment of their way, well-intended, wanting to be section; a residence immediately following release ‘‘(C) meets the requirements for verifica- from prison, or placement on parole, super- kind, generous in spirit, and yet being tion under section 170101(b)(3); and vised release, or probation, by a person re- preyed upon by those with sinister ‘‘(D) requires that each person who is re- quired to register under subsection (c) shall ideas. quired to register under subparagraph (A) be reported to the FBI not later than 10 days I do not want to see any more of our shall do so for a period of not less than 10 after that person establishes a new resi- citizens and their life savings, those in- years beginning on the date that such person dence. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11131

‘‘(3) INDIVIDUAL REGISTRATION REQUIRE- ‘‘(A) if the person has been convicted of 1 SEC. 7. REGISTRATION INFORMATION. MENT.—A person required to register under offense described in subsection (b), be fined Section 170101(b)(2) of the Violent Crime subsection (c) or under a minimally suffi- not more than $100,000; or Control and Law Enforcement Act of 1994 (42 cient offender registration program, includ- ‘‘(B) if the person has been convicted of U.S.C. 14071(b)(2)) is amended to read as fol- ing a program established under section more than 1 offense described in subsection lows: 170101, who changes address to a State other (b), be imprisoned for up to 1 year and fined ‘‘(2) TRANSFER OF INFORMATION TO STATE than the State in which the person resided at not more than $100,000; or AND THE FBI.—The officer, or in the case of a the time of the immediately preceding reg- ‘‘(2) in the case of a second or subsequent person placed on probation, the court, shall, istration shall, not later than 10 days after offense, be imprisoned for up to 10 years and within 3 days after receipt of information de- that person establishes a new residence, reg- fined not more than $100,000. scribed in paragraph (1), forward it to a des- ister a current address, fingerprints, and ‘‘(j) RELEASE OF INFORMATION.—The infor- ignated State law enforcement agency. The photograph of that person, for inclusion in mation collected by the FBI under this sec- State law enforcement agency shall imme- the appropriate database, with— tion shall be disclosed by the FBI— diately enter the information into the appro- ‘‘(A) the FBI; and ‘‘(1) to Federal, State, and local criminal priate State Law enforcement record system ‘‘(B) the State in which the new residence justice agencies for— and notify the appropriate law enforcement is established. ‘‘(A) law enforcement purposes; and agency having jurisdiction where the person ‘‘(4) STATE REGISTRATION REQUIREMENT.— ‘‘(B) community notification in accordance expects to reside. The State law enforcement Any time any State agency in a State with with section 170101(d)(3); and agency shall also immediately transmit all a minimally sufficient sexual offender reg- ‘‘(2) to Federal, State, and local govern- information described in paragraph (1) to the istration program, including a program es- mental agencies responsible for conducting Federal Bureau of Investigation for inclusion tablished under section 170101, is notified of employment-related background checks in the FBI database described in section a change of address by a person required to under section 3 of the National Child Protec- 170102.’’. register under such program within or out- tion Act of 1993 (42 U.S.C. 5119a).’’. SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT. side of such State, the State shall notify— ‘‘(k) NOTIFICATION UPON RELEASE.—Any State and Federal law enforcement agen- ‘‘(A) the law enforcement officials of the State not having established a program de- cies, employees of State and Federal law en- jurisdiction to which, and the jurisdiction scribed in section 170102(a)(3) must— forcement agencies, and State and Federal from which, the person has relocated; and ‘‘(1) upon release from prison, or placement officials shall be immune from liability for ‘‘(B) the FBI. on parole, supervised release, or probation, good faith conduct under section 170102. ‘‘(5) VERIFICATION.— notify each offender who is convicted of an SEC. 9. REGULATIONS. ‘‘(A) NOTIFICATION OF LOCAL LAW ENFORCE- offense described in subparagraph (A) or (B) Not later than 1 year after the date of en- MENT OFFICIALS.—The FBI shall ensure that of section 170101(a)(1) of their duty to reg- actment of this Act, the Attorney General State and local law enforcement officials of ister with the FBI; and shall issue regulations to carry out this Act the jurisdiction from which, and the State ‘‘(2) notify the FBI of the release of each and the amendments made by this Act. and local law enforcement officials of the ju- offender who is convicted of an offense de- SEC. 10. EFFECTIVE DATE. risdiction to which, a person required to reg- scribed in subparagraph (A) or (B) of section (a) IN GENERAL.—This Act and the amend- ister under subsection (c) relocates are noti- 170101(a)(1).’’. fied of the new residence of such person. ments made by this Act shall become effec- SEC. 3. DURATION OF STATE REGISTRATION RE- tive 1 year after the date of enactment of ‘‘(B) NOTIFICATION OF FBI.—A State agency QUIREMENT. receiving notification under this subsection this Act. Section 170101(b)(6) of the Violent Crime (b) COMPLIANCE BY STATES.—Each State shall notify the FBI of the new residence of Control and Law Enforcement Act of 1994 (42 shall implement the amendments made by the offender. U.S.C. 14071(b)(6)) is amended to read as fol- sections 3, 4, 5, 6, and 7 of this Act not later ‘‘(C) VERIFICATION.— lows: than 3 years after the date of enactment of ‘‘(i) STATE AGENCIES.—If a State agency ‘‘(6) LENGTH OF REGISTRATION.—A person this Act, except that the Attorney General cannot verify the address of or locate a per- required to register under subsection (a)(1) may grant an additional 2 years to a State son required to register with a minimally shall continue to comply with this section, that is making good faith efforts to imple- sufficient sexual offender registration pro- except during ensuing periods of incarcer- ment such amendments. gram, including a program established under ation, until— (c) INELIGIBILITY FOR FUNDS.— section 170101, the State shall immediately ‘‘(A) 10 years have elapsed since the person (1) A State that fails to implement the pro- notify the FBI. was released from prison or placed on parole, gram as described in section 3, 4, 5, 6, and 7 ‘‘(ii) FBI.—If the FBI cannot verify the ad- supervised release, or probation; or of this Act shall not receive 10 percent of the dress of or locate a person required to reg- ‘‘(B) for the life of that person if that per- funds that would otherwise be allocated to ister under subsection (c) or if the FBI re- son— the State under section 506 of the Omnibus ceives notification from a State under clause ‘‘(i) has 1 or more prior convictions for an Crime Control and Safe Streets Act of 1968 (i), the FBI shall— offense described in subsection (a)(1)(A); or (42 U.S.C. 3765). ‘‘(I) classify the person as being in viola- ‘‘(ii) has been convicted of an aggravated (2) Any funds that are not allocated for tion of the registration requirements of the offense described in subsection (a)(1)(A); or failure to comply with section 3, 4, 5, 6, or 7 national database; and ‘‘(iii) has been determined to be a sexually of this Act shall be reallocated to States ‘‘(II) add the name of the person to the Na- violent predator pursuant to subsection that comply with these sections. tional Crime Information Center Wanted (a)(2).’’. person file and create a wanted persons SEC. 11. SEVERABILITY. SEC. 4. STATE BOARDS. record: Provided, That an arrest warrant If any provision of this Act, an amendment which meets the requirements for entry into Section 170101(a)(2) of the Violent Crime made by this Act, or the application of such the file is issued in connection with the vio- Control and Law Enforcement Act of 1994 (42 provision or amendment to any person or lation. U.S.C. 14071(a)(2)) is amended by inserting circumstance is held to be unconstitutional, before the period at the end the following: ‘‘, the remainder of this Act, the amendments ‘‘(h) FINGERPRINTS.— victim rights advocates, and representatives made by this Act, and the application of the ‘‘(1) FBI REGISTRATION.—For each person from law enforcement agencies’’. required to register under subsection (c), fin- provisions of such to any person or cir- gerprints shall be obtained and verified by SEC. 5. FINGERPRINTS. cumstance shall not be affected thereby. the FBI or a local law enforcement official Section 170101 of the Violent Crime Control The SPEAKER pro tempore. Pursu- pursuant to regulations issued by the Attor- and Law Enforcement Act of 1994 (42 U.S.C. ant to the rule, the gentleman from ney General. 14071) is amended by adding at the end the Florida [Mr. MCCOLLUM] and the gen- ‘‘(2) STATE REGISTRATION SYSTEMS.—In a following new subsection: tlewoman from California [Ms. State that has a minimally sufficient sexual ‘‘(g) FINGERPRINTS.—Each requirement to LOFGREN] each will control 20 minutes. offender registration program, including a register under this section shall be deemed program established under section 170101, to also require the submission of a set of fin- The Chair recognizes the gentleman fingerprints required to be registered with gerprints of the person required to register, from Florida [Mr. MCCOLLUM]. the FBI under this section shall be obtained obtained in accordance with regulations pre- GENERAL LEAVE and verified in accordance with State re- scribed by the Attorney General under sec- Mr. MCCOLLUM. Mr. Speaker, I ask quirements. The State agency responsible for tion 170102(h).’’. unanimous consent that all Members registration shall ensure that the finger- SEC. 6. VERIFICATION. may have 5 legislative days within prints and all other information required to Section 170101(b)(3)(A)(iii) of the Violent which to revise and extend their re- be registered is registered with the FBI. Crime Control and Law Enforcement Act of marks on H.R. 3456. ‘‘(i) PENALTY.—A person required to reg- 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended ister under paragraph (1), (2), or (3) of sub- by adding at the end the following: ‘‘The per- The SPEAKER pro tempore. Is there section (g) who knowingly fails to comply son shall include with the verification form, objection to the request of the gen- with this section shall— fingerprints and a photograph of that per- tleman from Florida? ‘‘(1) in the case of a first offense— son.’’. There was no objection. H11132 CONGRESSIONAL RECORD — HOUSE September 25, 1996

Mr. MCCOLLUM. Mr. Speaker, I yield have a recidivism rate estimated to be The Jacob Wetterling Act, enacted as myself such time as I may consume. 10 times greater than other criminals, part of the 1994 crime bill, requires Mr. Speaker, H.R. 3456 is the Sexual will be tracked by State authorities, states to enact laws to register and Offender Tracking and Identification and, as they move from State to State, track criminals who are the most vio- Act of 1996. It is an important piece of by the FBI. If an offender fails to reg- lent, the most horrible and the least legislation that builds on previous ef- ister at any time, he will be subjected likely to be rehabilitated—criminals forts of this Congress to ensure that re- to tougher penalties and—with the help who attack children and who are sexu- liable records are available to keep of the FBI’s national ‘‘Wanted Persons ally violent predators. track of convicted sexual predators. Index’’—be brought to justice. Since the enactment of Jacob H.R. 3456 amends the Jacob Wetterling Now, as some of you may recall, on Wetterling, states have made great Act of 1994 which requires the States to August 24, 1996, President Clinton is- progress in building effective tracking set up sex offender registry programs sued an Executive Order to the Attor- systems. To make sure that these which require child sex offenders to ney General to begin work on a Sex Of- criminals are tracked however, this register their addresses and other per- fender Registry Network which is very legislation does three important tinent information with local law en- similar to the type of national things: forcement upon release from prison. I database program proposed in H.R. First, it creates a nationwide system am pleased to report that since enact- 3456. This presidential directive will that will help state and local law en- ment of the Wetterling Act, all 50 ensure that the Justice Department forcement track offenders as they States have developed sex offender reg- and the FBI have a national network move from state to state; istration programs and the District of operational in 6 months. I commend Second, while most States have es- Columbia is expected to follow suit the President on his commitment to tablished or are about to establish this month. this issue. However, this directive is tracking systems, this legislation will The States have taken this issue only the first step. H.R. 3456 is a nec- ensure that there is no place—no one quite seriously and should be com- essary component to the establishment state—where sexual predators can hide mended. But despite these efforts, some of a national system and will serve to and not register. This system will child sex offenders are slipping through compliment and even strengthen the track all offenders even if a specific the cracks. Fifty-one individual State President’s Executive Order. In addi- state does not track such criminals. sex offender registration programs tion, unlike the President’s proposal, Finally, this legislation ensures that would be sufficient if sex offenders H.R. 3456 improves verification proce- the most serious predators will be reg- never moved out of State. Unfortu- dures by requiring offenders to provide istered with law enforcement officials nately, they do. These offenders tend fingerprints and a photo in addition to for the rest of their lives. to be particularly transient individuals the signed verification form required This legislation works by requiring and have already found ways of getting under current law and also establishes all offenders to verify their addresses lost in the paperwork by simply cross- criminal penalties for failure to meet on a regular basis by returning ver- ing State lines. Moreover, although the interstate registration requirements. ification cards with their fingerprints Wetterling Act requires States to for- H.R. 3456 has received strong support and a recent photograph. A nationwide ward copies of their registry informa- from the Department of Justice and warning will be issued whenever an of- tion to the FBI, essentially nothing is the National Center for Missing and fender fails to verify his address or done with the information. Because the Exploited Children. when an offender cannot be located. Now, the bill in the form which is FBI was not directed to do so, it has There are also tough penalties for of- being considered today contains a few not taken a proactive stance in obtain- fenders who deliberately fail to reg- modifications from the bill as it was ister. ing this information. It is simply a re- introduced. These modifications are I am pleased that we have worked in ceptacle. largely technical and clarifying Mr. Speaker, I think it has become a bipartisan fashion to protect our Na- changes that were requested by the clear that while the Wetterling Act has tion’s children from sexual predators, FBI. In addition, H.R. 3456, in the form significantly improved our ability to and I urge my colleagues to support that we are considering, is identical to keep track of convicted sex offenders, this legislation. the Senate version of the bill which there are new obstacles that must be Mr. Speaker, I reserve the balance of passed by voice vote last July. addressed. H.R. 3456, the Sexual Of- Mr. Speaker, sexual offenders not my time. fender Tracking and Identification Act only victimize the women and children Mr. MCCOLLUM. Mr. Speaker, I yield of 1996, will do just that. upon which they prey, they victimize such time as he may consume to the The sponsor of this bill, the gen- society as a whole. As a nation, we gentleman from New Jersey [Mr. ZIM- tleman from New Jersey [Mr. ZIMMER], have depleted sense of trust and secu- MER], the author of this bill. deserves special recognition for his rity because of these individuals. It is Mr. ZIMMER. I thank the gentleman years of work to implement Federal well recognized that sexual predators for yielding time to me, and I thank and State recordkeeping procedures for are remarkably clever and persistently him for his expeditious consideration child sex predators. Mr. ZIMMER was in- transient. These offenders are not con- of this legislation and for his concern, strumental in fighting for final passage fined within State lines—neither which stretches back for years, for the of the Jacob Wetterling Act in 1994, should our efforts to keep track of problem of sexual predators and the and was the original sponsor of them. By establishing a national reg- need to track their movements and to Megan’s Law, a bill this Congress istration program. H.R. 3456 will serve notify communities of their where- passed earlier this session which as an effective crime fighting tool for abouts. strengthened community notification State and Federal law enforcement Mr. Speaker, we have all heard some laws with regard to registered sex of- across the country. Again, I commend of the chilling stories. In Arlington, fenders. H.R. 3456, Sexual Offender the gentleman from New Jersey [Mr. TX, Amber Hagerman was dragged Tracking and Identification Act of 1996 ZIMMER] for sponsoring this bill, and I from her bicycle and never seen alive is yet another step to strengthen these urge my colleagues to support this again. Police have no suspects, but efforts. measure. they think the crime was committed Mr. Speaker, let me briefly describe Mr. Speaker, I reserve the balance of by a sexual predator. In California, 12- what the bill does: H.R. 3456 establishes my time. year-old Polly Klaas was abducted a national database, using existing FBI Ms. LOFGREN. Mr. Speaker, I yield from her own bedroom and brutally criminal record keeping systems, to myself such time as I may consume. murdered. Her killer had been out on keep track of individuals who have I rise in support of this bill. Mr. parole 3 months, and twice before had been convicted of sexual offenses Speaker, I support this legislation, been arrested for kidnaping. against minors or other sexually vio- which strengthens and improves the In Manalapan Township, NJ, little lent offenses, and who have completed Jacob Wetterling Crimes Against Chil- Amanda Wengert was murdered by a their prison sentences. This initiative dren and Sexually Violent Offender previously convicted sex offender, and will ensure that these offenders, who Registration Act. in Hamilton Township, NJ, 7-year-old September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11133 Megan Kanka was raped and murdered, take the next step. We have to build a Second, if one does not register, that allegedly by a twice-convicted sex of- system where all movements of sexu- in and of itself becomes a crime under fender who lived across the street from ally violent child molesters can be this bill, which subjects a person to a her family. tracked so that no predator can cross a penalty of up to 1 year in prison or As evidenced by these tragic events, State line and simply disappear. $100,000, and subsequent offenses up to there is a need to arm communities This, in fact, is exactly what hap- 10 years in prison and up to $100,000, with information about the where- pened in the case of the predator whose even if the person has done absolutely abouts of previously convicted sex of- case was considered by the New Jersey nothing else to offend the system. They fenders. In many instances, lives could State Supreme Court when it upheld just simply did not register under this have been saved if only communities the validity of our State Megan’s Law. bill. had known about these dangerous pred- He left New Jersey, and although his Well, it offends me that failure to ators. lawyers may know his whereabouts, no register should subject somebody to an After the death of Megan Kanka, her one else does. additional penalty, be put in jail. They parents, Richard and Maureen Kanka, I ask my colleagues to vote for H.R. have not committed any crime against mobilized New Jersey and the entire 3456. anybody. They just simply failed to be Nation in the fight for community no- Ms. LOFGREN. Mr. Speaker, I yield able to move on with their life. tification of the presence of sexual of- such time as he may consume to the There is a second concern I have fenders. Had they known that an of- gentleman from North Carolina [Mr. about the bill, and that is a constitu- fender lived directly across the street WATT], a distinguished member of the tional provision which presumes that from them, the Kankas would have Committee on the Judiciary. every American citizen is innocent of a been able to protect Megan from harm, Mr. WATT of North Carolina. Mr. crime until they are proven guilty. and Megan would be alive today. Speaker, I thank my colleague from This bill presumes just the opposite. If On May 17, 2 years of hard work by California for yielding me time to de- a person is ever convicted of a sexual Rich and Maureen Kanka reached their bate this bill. offense, for the rest of their life they Mr. Speaker, I rise in opposition to culmination when the President signed are presumed guilty of some violation. the bill. I guess I could sit quietly. This into law my Federal Megan’s Law. As a They cannot move into a community bill is on suspension. I am sure it will result, local law enforcement agencies pass. I know that I am swimming and put that incident behind them. in all 50 States must now notify against the tide. But there are some They cannot refuse to register without schools, day care centers, and parents, things that I think need to be said subjecting themselves to additional the people who need to know, about the about the bill, and this is not the first penalties. So the whole presumption of inno- presence of dangerous predators. time I have said these things about But we still have to do more. We need cence goes by the board once a person these kinds of bills, so I feel compelled to make sure that when sexual preda- to say them. commits some crime for which they tors move from State to State, we do have already been sentenced, served not lose track of them. All 50 States b 1930 their time, paid their debt to society have registration now. Forty-one have I know that tomorrow when I get the and yet somehow under this bill they some sort of notification system, and messages off my machine in the office, are presumed guilty for the balance of 27 have active dissemination of this in- there will be a line of messages from their life. I think those two principles, formation to the public. But unless we people saying that I have stood up and in my estimation, are simply un-Amer- make this a unified, seamless, national defended sex offenders and that I have ican. system, community notification will just lost my mind on this bill. That al- This can be politically popular. I am not be fully successful. ways happens. But somebody needs to sure it is. I mean, Mr. GRAMM and Mr. My bill will establish a nationwide talk about what we are doing here and BIDEN, on opposite sides of the political tracking system to keep tabs on sex of- approach this with some degree of ra- fence. The President, I am sure, will fenders as they move from State to tionality. I hope that at least some sign the bill. Most of the public will State, and provide a backup system for people will appreciate how I approach say that this is something that we the States themselves. My legislation it. should not be concerned about, but I requires offenders to verify their ad- First of all, this bill has not seen it- think we are going overboard and we dress periodically by returning ver- self in the Committee on the Judiciary, are going further and further overboard ification cards, along with their finger- which is where bills of this kind nor- the more we beat our chest and sound prints. It requires a nationwide warn- mally go for discussion. Not that the even tougher on these crimes, which in ing to be issued whenever the offender result would be any different. I would this bill simply happens to be, well, fails to verify his address or when the be the first to concede that if it had they did not register. offender cannot be located. come to the Committee on the Judici- I do not want a Government that re- H.R. 3456 establishes tough penalties ary, it would have been voted out and quires me, or any citizen, to register. I for offenders who willfully fail to reg- would have been reported to the floor think that is un-American, and I think ister and keep up with their verifica- favorably. But the bill in my opinion it is something that we all ought to be tion requirements, and requires the offends some sensibilities that we as concerned about. I appreciate the gen- FBI to ensure local authorities are no- U.S. citizens ought to be aware of. tlewoman yielding me this time. tified every time a sex offender moves There are two principles I hold very Mr. MCCOLLUM. Mr. Speaker, I yield into or out of the local jurisdiction. dearly, because I have been taught myself 2 minutes. My bill continues to preserve State about them for as long as I have been Mr. Speaker, I find what the gen- authority in determining exactly what in the criminal justice system as a law- tleman said stated eloquently as the sort of notification will be required yer. First of all is that once a person gentleman from North Carolina usually when a sexual predator moves into the pays their debt to society, they ought states it in his reservations about such neighborhood. to have the opportunity to put the of- legislation as this where we see dif- In July, the other body passed its fense behind them and move on. Under ferently, but I think he is being a little own FBI sexual predator tracking bill, this bill, as under all the Megan’s Law bit too creative with regard to the pre- S. 1675, sponsored by Senators GRAMM bills, there is not that opportunity be- sumption of innocence comments he and BIDEN. My legislation, as amended, cause the individuals are then, after made. Remember that the person who is identical to S. 1675. The amendments they have paid their debt to society, is registering here and being reg- made in the Senate all make this a bet- required to register with somebody and istered, or required to register, is ter bill. If we pass H.R. 3456 today, it be basically branded with a badge for somebody who has been convicted of a will go directly to the President, who the rest of their life under this bill, be- sexual offense; could well be, probably has pledged to sign it into law. cause this one says that the registra- has been, a child molester of some sort. Mr. Speaker, now that so many tion process must go on for life. It used That is not unlikely under this provi- States have effective registration sys- to be 10 years. Now we are extending it sion to be the case. And, frankly, that tems and tracking systems, we need to to life under this bill. person has already been convicted and H11134 CONGRESSIONAL RECORD — HOUSE September 25, 1996 this is really part of what the con- MER], and the bipartisan spirit that it again notify the system of their where- sequences are that go with being con- has been brought. abouts. If they fall to do so, they face victed of the acts that are delineated in The gentleman from New Jersey in a stiff punishment. the bill. And for better or for worse, his presentation offered a litany, a It is more tragic than having these the bottom line of why we need this very tragic litany, a rollcall, if you individuals be required to register for legislation is that history shows us will, of the lives of children lost around an innocent community to be preyed that people who commit these kind of the Nation. He cited those names upon by this individual who cannot crimes are likely to get out of jail and which many of us know because of the control their vicious desires. Thus the commit them again. It is not true that large amount of publicity that was data base would track all intrastate everybody does. But there is a high given to these individuals. But for and interstate movements of sex of- probability of that in many cases. And every one of those children, I imagine fenders, even States that have no of- so consequently this is not punishment any one of us could go to our commu- fender registration. Let me commend for some act that might occur in the nities and cite just enormous tragedies the author of this legislation for his future. This is an additional burden that have occurred by those pedophiles, persistence. These offenders would pro- that somebody is going to bear as a re- sexual offenders who have preyed upon vide the system with their fingerprints sult of the act that they have already children. and photographs. committed and been convicted of. I What comes to mind is, again in my Let me say this: Anyone that moves would submit that the registration and community, the tragedy of a Monique into a community, that has been re- in this case this bill’s provision that Miller. She was 4 years old. The indi- born, no longer has the desire, can live give the FBI and so forth a chance to vidual who was charged with the sex in peace. This legislation does not go really follow these people across State crime, the vicious murder that resulted out and seek individuals who have been lines is very, very important, and the in her death, was someone who was released to disrupt their lives. What it gentleman from New Jersey should be mentally challenged, if you will. And, does say, however, is that the commended for this, although notwith- of course, part of the defense did raise commuity is notified, and the commu- standing I understand the gentleman the question of this person’s inability nity is, in fact, the controller of our so- from North Carolina’s reservations. to understand what they had done. ciety and our environment. Why should Mr. Speaker, I reserve the balance of Monique Miller, however, is dead. they not have information that may my time. And in the course of the loss of her life, disrupt their environment, their com- Ms. LOFGREN. Mr. Speaker, I yield it was a very tragic and brutal killing. munity, their children? myself 2 minutes. It was only after three or four trials If this individual is in fact someone Mr. Speaker, I just want to say some- that this individual was ultimately who has made amend, someone who has thing briefly. I strongly believe that we convicted. Can you imagine the experi- sought forgiveness and repentance, ought to pass this bill, but I did want ence of that parent who time after someone who is born again, then that to say something about my colleague time to appear in that courtroom just person will live in peace in this com- the gentleman from North Carolina to get a conviction? munity. But if they are not, if this [Mr. WATT], because, as he mentioned, I want to laws on this country to sickness still preys upon their mind it cannot be a popular position to stand work. I believe that anyone accused of and they pose a threat, with this legis- up and speak what you think the Con- a crime should have due process, be lation I would simply say thank God stitution calls out for. I disagree with treated fairly in the court system. But that the local Law enforcement will him on the conclusion that he has sexual predators who have been con- not be left hapless and helpless, with- reached and as the chairman has point- victed of the most violent sexual of- out any way to seek and to find this ed out in this case, the presumption of fenses or are a repeat child sexual of- predator that now is in the commu- innocence ends when the conviction is fender remain a threat even after they nity. obtained under due process of law. I may have served their prison sen- Violent sexual predators, repeat child take the view of the gentleman from tences. And I might say that the mur- abusers and repeat sex offenders will be Florida [Mr. MCCOLLUM]. I do think the derer of Monique Miller, no matter how in the system for life under this act. recidivism rate among child molesters long his time may be in prison, will re- That only makes sense in light of the is the highest of any crime. I frankly main a threat to this society. facts before us. Again let me say that would prefer life sentences for those It is a known fact that the scientific I considered the idea of a reasoned civil who would prey upon children in this community has concluded that most libertarian response to following peo- way, but until that happens in every pedophiles cannot control themselves. ple to travel freely in this Nation. State, we are going to have to deal Some have even admitted it them- b 1945 with people who have been released selves. In fact, we have another very from prison and who still pose threats massively publicized incident in Texas I think it is important that we stand to children. where one of the pedophiles who was on the side of civil liberties. But when So I did want to say that but also to about to be released asked to be cas- I think of an innocent child, one who note that the gentleman from North trated. This is not a time on the floor cannot defend herself or himself, one Carolina [Mr. WATT], although I do not of the House that I wish to debate that who cannot speak for themselves, one agree with him on this issue, has cer- procedure, and I am not suggesting it, who may be torn away from the parent, tainly shown integrity in standing up advocating it or encouraging it. I am torn away from the custodian, torn for what he believes the Constitution saying that was a pedophile, an of- away from the guardian, who is now requires. fender who himself wanted some proce- with someone who preys upon them, Mr. Speaker, I yield such time as she dure to occur because he felt he could then my voice raises for that innocent may consume to the gentlewoman from not control himself. So, therefore, we child against that violent sex offender, Texas [Mrs. JACKSON-LEE], a distin- are responsible as legislators to control against that child abuser, against that guished member of the Committee on these individuals and to safeguard our murderer. In fact, my voice rises for all the Judiciary. childern after these individuals leave of the innocent children in this county. (Ms. JACKSON-LEE of Texas asked the prison. It rises for Monique Miller in my com- and was given permission to revise and This bill would expand the tracking munity and all other children that this extend her remarks.) of those individuals by establishing a legislation is the right way to go, the Ms. JACKSON-LEE of Texas. I thank nationwide system managed by the best way to go, to protect further our the gentlewoman from California for FBI. That system would be made avail- children in this Nation. her leadership on these issues. We have able for access by Federal, State, and Mr. Speaker, I rise today in support of this worked together in Judiciary, and I local law enforcement officials. These bill. It will allow local communities and the FBI thank the chairman for bringing this sexual offenders will be required to reg- to track some of the worst elements of our so- legislation, and I thank the chairman ister with this nationwide system. If ciety. Sexual predators who have been con- for bringing this legislation, and to the they move, we do not lose them. We are victed for the most violent sexual offenses or gentleman from New Jersey [Mr. ZIM- able to track them. We will be able to are a repeat child sexual offender remain a September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11135 threat even after they may have served their (1) employment of private security officers as an independent contractor or an em- prison sentences. The scientific community in the United States is growing rapidly; ployee, whether armed or unarmed and in has concluded that most pedophiles can not (2) the private security industry provides uniform or plain clothes whose primary duty numerous opportunities for entry-level job is to perform security services, or control themselves. Some have even admitted applicants, including individuals suffering (ii) an individual who is an employee of an it themselves. Their whereabouts after the from unemployment due to economic condi- electronic security system company who is leave prison therefore needs to be tracked to tions or dislocations; engaged in one or more of the following ac- safeguard the children in the communities (3) sworn law enforcement officers provide tivities in the State: burglar alarm techni- where they live. significant services to the citizens of the cian, fire alarm technician, closed circuit This bill amends the 1994 crime law which United States in its public areas, and are television technician, access control techni- now allows for the registration and tracking of only supplemented by private security offi- cian, or security system monitor; but (B) does not include— offenders who have committed such crimes cers who provide prevention and reporting services in support of, but not in place of, (i) sworn police officers who have law en- against children or sexually violent crimes. regular sworn police; forcement powers in the State, The bill would expand the tracking of those in- (4) given the growth of large private shop- (ii) attorneys, accountants, and other pro- dividuals by establishing a nationwide system ping malls, and the consequent reduction in fessionals who are otherwise licensed in the managed by the FBI. That system would be the number of public shopping streets, the State, made available for access by Federal, State, American public is more likely to have con- (iii) employees whose duties are primarily and local law enforcement officials. tact with private security personnel in the internal audit or credit functions, course of a day than with sworn law enforce- (iv) persons whose duties may incidentally These sexual offenders will be required to include the reporting or apprehension of register with this nationwide system. If they ment officers; (5) regardless of the differences in their du- shoplifters or trespassers, or moved, they would be again required to notify ties, skill, and responsibilities, the public (v) an individual on active duty in the the system of their whereabouts. And if they has difficulty in discerning the difference be- military service; fail to do so, they face stiff punishment. tween sworn law enforcement officers and (4) the term ‘‘certificate of registration’’ Thus, the database would track all intrastate private security personnel; and means a license, permit, certificate, registra- and interstate movements of sex offenders, (6) the American public demands the em- tion card, or other formal written permission from the State for the person to engage in even into States that have no offender reg- ployment of qualified, well-trained private security personnel as an adjunct, but not a providing security services; istration. These offenders would provide the (5) the term ‘‘security services’’ means the system with their fingerprints and photographs. replacement for sworn law enforcement offi- cers. performance of one or more of the following: The FBI can then release the information to (A) the observation or reporting of intru- SEC. 3. BACKGROUND CHECKS. local authorities where the offenders live. sion, larceny, vandalism, fire or trespass; (A) IN GENERAL.—An association of em- Violent sexual predators, repeat child abus- (B) the deterrence of theft or misappropria- ployers of private security officers, des- tion of any goods, money, or other item of ers and repeat sex offenders will be in the ignated for the purpose of this section by the value; system for life under this act. That only makes Attorney General, may submit fingerprints (C) the observation or reporting of any un- sense in light of the facts before us. This is an or other methods of positive identification lawful activity; important piece of legislation that can directly approved by the Attorney General, to the At- (D) the protection of individuals or prop- protect innocent lives and I urge my col- torney General on behalf of any applicant for erty, including proprietary information, leagues to vote for H.R. 3456. a State license or certificate or registration from harm or misappropriation; Ms. LOFGREN. Mr. Speaker, I have as a private security officer or employer of (E) the control of access to premises being private security officers. In response to such protected; no further speakers, and I yield back a submission, the Attorney General may, to (F) the secure movement of prisoners; the balance of my time. the extent provided by State law conforming (G) the maintenance of order and safety at Mr. MCCOLLUM. Mr. Speaker, I have to the requirements of the second paragraph athletic, entertainment, or other public ac- no further requests for the time, and I under the heading ‘‘Federal Bureau of Inves- tivities; yield back the balance of my time. tigation’’ and the subheading ‘‘Salaries and (H) the provision of canine services for pro- The SPEAKER pro tempore (Mr. Expenses’’ in title II of Public Law 92–544 (86 tecting premises or for the detection of any unlawful device or substance; and DICKEY). The question is on the motion Stat. 1115), exchange, for licensing and em- (I) the transportation of money or other offered by the gentleman from Florida ployment purposes, identification and crimi- nal history records with the State govern- valuables by armored vehicle; and [Mr. MCCOLLUM] that the House sus- mental agencies to which such applicant has (6) the term ‘‘State’’ means any of the sev- pend the rules and pass the bill, H.R. applied. eral States, the District of Columbia, the 3456, as amended. (b) REGULATIONS.—The Attorney General Commonwealth of Puerto Rico, the United The question was taken. may prescribe such regulations as may be States Virgin Islands, American Samoa, Mr. ZIMMER. Mr. Speaker, on that I necessary to carry out this section, includ- Guam, and the Commonwealth of the North- demand the yeas and nays. ing measures relating to the security, con- ern Mariana Islands. The yeas and nays were ordered. fidentiality, accuracy, use, and dissemina- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- tion of information and audits and record- ant to the rule, the gentleman from keeping and the imposition of fees necessary Georgia [Mr. BARR] and the gentleman ant to clause 5, rule I, and the Chair’s for the recovery of costs. from North Carolina [Mr. WATT] each prior announcement, further proceed- (c) REPORT.—The Attorney General shall ings on this motion will be postponed. report to the Senate and House Committees will control 20 minutes. f on the Judiciary 2 years after the date of en- The Chair recognizes the gentleman actment of this bill on the number of inquir- from Georgia [Mr. BARR]. PRIVATE SECURITY OFFICER ies made by the association of employers GENERAL LEAVE QUALITY ASSURANCE ACT OF 1996 under this section and their disposition. Mr. BARR of Georgia. Mr. Speaker, I Mr. BARR of Georgia. Mr. Speaker, I SEC. 4 SENSE OF CONGRESS. ask unanimous consent that all Mem- move to suspend the rules and pass the It is the sense of Congress that States bers may have 5 legislative days within bill (H.R. 2092) to expedite State re- should participate in the background check which to revise and extend their re- views of criminal records of applicants system established under section 3. marks on H.R. 2092. for private security officer employ- SEC. 5. DEFINITIONS. The SPEAKER pro tempore. Is there As used in this Act— objection to the request of the gen- ment, and for other purposes, as (1) the term ‘‘employee’’ includes an appli- amended. cant for employment; tleman from Georgia? The Clerk read as follows: (2) the term ‘‘employer’’ means any person There was no objection. H.R. 2092 that— Mr. BARR of Georgia. Mr. Speaker, I Be it enacted by the Senate and House of Rep- (A) employs one or more private security yield myself such time as I may resentatives of the United States of America in officers; or consume. Congress assembled, (B) provides, as an independent contractor, Mr. Speaker, I rise today in this for consideration, the services of one or more SECTION 1. SHORT TITLE. great body in support of passage of the private security officers (possibly including Private Security Officer Quality Assur- This Act may be cited as the ‘‘Private Se- oneself); curity Officer Quality Assurance Act of (3) the term ‘‘private security officer’’— ance Act. I introduced this legislation 1996’’. (A) means— in the first session of this Congress SEC. 2. FINDINGS. (i) an individual who performs security along with our colleague, the gen- Congress finds that— services, full or part time, for consideration tleman from California [Mr. MARTINEZ] H11136 CONGRESSIONAL RECORD — HOUSE September 25, 1996 who could not be here this evening, but which needs to be authorized by law They raise a concern that all of us has championed this bill not only in and was authorized by law, the Amer- ought to ponder. When you go to a mall this Congress but in the previous Con- ican Bankers Association screens fin- or into an office building or into an air- gress as well. gerprint cards received from banks for port parking lot these days, you see a This bill will help ensure that private legibility and then forwards them to lot of uniformed police that look like security officers undergo thorough and the FBI for analysis. The rap sheet is policemen and policewomen, but in timely criminal background checks. then returned directly to the bank. fact many of these police are not sworn The bill is straightforward and simple. Under this system, the ABA has indi- officers of the law. They do not have It proposes an expedited procedure cated the process is reduced to about 20 the same restraints that Government similar to those in use by the financial business days. imposes on sworn officers, they are not and parimutuel industries today to Congress created another so-called backed up by the same system of match the fingerprints of job appli- express lane for obtaining criminal checks and balances and public liabil- cants against records maintained by record information with the enactment ities that uniform officers carry and the Federal Bureau of Investigation’s of Public Law 100–413, the Parimutuel they often are not professionally Criminal Justice Services Division. Licensing Simplification Act of 1988. trained. Yet all too often not one of us Mr. Speaker, there are more than 1.5 This is a similar process to the one here could tell the real cop from the million private security officers in the used by the ABA, but the rap sheet is uniformed cop. That is a reason for United States. The security industry is sent back to the State regulatory agen- caution, Mr. Speaker, and it is a reason dynamic, and there is great pressure to cy, not to the employer. This system that a measure very similar to this was meet ongoing need to hire qualified approximates that proposed in H.R. soundly defeated in the last Congress personnel as vacancies occur. Thorough 2092. when it was offered as an amendment reviews of job applicants’ backgrounds This bill will authorize the Attorney of the 1994 crime bill. That vote was 340 are critical to employers, both to pro- General to name an association to ag- ‘‘noes’’ and only 80 ‘‘ayes.’’ tect assets and to ensure protection for gregate fingerprint cards, screen them Additionally, the Justice Department the public. Employers must depend on for legibility, and then forward them to has expressed reservations that the bill State and Federal agencies for crimi- the FBI. The results of the record would institute procedures that would nal history information. They need search would then be forwarded back to initially bypass the State criminal this information promptly, but under the appropriate State officials. By record system in favor of direct access existing law, Mr. Speaker, this process sending the records to State officials to the FBI. The Justice Department be- can take from 3 to 18 months. rather than to employers, we avoid po- lieves that this procedure may inhibit Thirty-nine States now require secu- tential concerns about privacy rights the FBI from making the most effi- rity contractors to conduct back- of job applicants. By eliminating sev- cient use of its resources. ground checks of their personnel, usu- eral steps from the process, this system Although there are some positive ef- forts behind this legislation, I think it ally requiring fingerprint matches. To should result in a far more efficient is important that my colleagues care- obtain a review of FBI records, a cum- system of background checks. bersome, unwieldy process is used, This system has been endorsed by the fully consider the views of the national leading to lengthy delays. Today an National Association of State Security police organizations when they decide employer must submit prints to the and Investigative Regulators. As under how they wish to vote on this measure. I believe that we can provide guidance State police agency which forwards current law, fees will be assessed to to our private security firms and indi- them to the bureau where they are compensate the FBI for their costs, and viduals without some of he major ob- processed. The so-called rap sheet is there will be no net cost to the Govern- stacles that this legislation imposes. then sent back to the police agency, ment for this expedited procedure. We Mr. Speaker, the goal of H.R. 2092, the Pri- which then sends these results to the have made that clear in the language vate Security Officer Quality Assurance Act, is State’s agency charged with regulating of the bill, Mr. Speaker. to improve the oversight and regulation of pri- the industry. That agency then must The bill contains absolutely no man- vate security officers. This is a laudable goal judge the fitness of the applicant for dates for the States. The States are not that most Members would support. employment and a decision is made. At required to participate in any part of Currently, it generally takes up to 18 months that point, if a permit is issued, it is the proposed bill if they elect not to. for private security companies to get back- sent to the applicant. I strongly urge this Congress to join ground checks completed. This legislation will The existing system for private secu- in support of H.R. 2092, the Private Se- enable State regulatory agencies to obtain rity employers to learn whether an ap- curity Officer Quality Assurance Act. easy access to the criminal histories of secu- plicant’s criminal history disqualifies In so doing, we will be filling in one rity guard applicants and contains a sense of that person is often cumbersome and small but important chink in the the Congress provision that encourages time consuming. The typical trans- armor against terrorism and other States to develop standards for private secu- action provides many opportunities for crimes that plague us. As the bombing rity officers. the process to bog down. With State incident in Atlanta recently made very There are some concerns, however, which agencies commonly stretched thin by clear, though a small chink in the we must consider as we vote on this bill. Most tight budgets, the time required for armor, this is indeed an important one police organizations have strong reservations staff to forward an applicant’s finger- to fill. about this bill because it seems to blur the dis- prints to the FBI sometimes consumes Mr. Speaker, I reserve the balance of tinctions between sworn police officers and months. my time. private uniformed security guards. Private se- Still further delays can and do occur Mr. WATT of North Carolina. Mr. curity guards do not have the same restraints after the FBI completes the check and Speaker, I yield such time as she may that governments impose on sworn officers. In returns the results to the State. As I consume to the gentlewoman from many cases, they have not been profes- stated earlier, in many States the re- Texas [Ms. JACKSON-LEE]. sionally trained and have not been subject to sults of the background check review Ms. JACKSON-LEE of Texas. Mr. the same system of checks and balances of then go to a law enforcement agency, Speaker, I thank the gentleman for uniformed police officers. then to a separate regulatory agency yielding me time. Some Members of the House may also responsible for security officers, there- This bill falls into the category of have concerns about permitting an association by lengthening the process. The bot- lukewarm ideas that may come back to of employers of private security guards to con- tom line is that in some instances an haunt us. It is strongly, strongly op- duct criminal history record checks directly employer may wait more than a year posed by every major rank and file po- with the Federal Bureau of Investigation. before learning whether an applicant lice organization in the country. The Additionally, the Justice Department has ex- has a serious criminal record. police do not like the bill because they pressed reservations that the bill would insti- Financial institutions were author- believe it is a further step in the creep- tute procedures that would initially bypass the ized by Congress under Public Law 92– ing legitimization of private uniform State criminal records system in favor of direct 544 to obtain criminal records directly security forces that look like real po- access to the FBI. The Justice Department be- from the FBI. Under that system, lice, but are not. lieves that this procedure may inhibit the FBI September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11137 from making the most efficient use of its re- eral to establish an association of private se- GOVERNMENT ACCOUNTABILITY sources. curity guard employers. This association ACT OF 1996 I urge my colleagues to carefully review the would, in turn, serve as an industry clearing- Mr. MCCOLLUM. Mr. Speaker, I provisions of this bill and make an informed house that could submit applicant information move to suspend the rules and agree to choice. to the Federal Bureau of Investigation for pur- the resolution (H. Res. 535) providing Mr. GOODLING. Mr. Speaker, I rise today in poses of doing individual background checks. for the concurrence of the House, with support of H.R. 2092, the Private Security Offi- This would help ensure that both the States an amendment, in the amendments of cer Quality Assurance Act. Modest though it and employers would quickly receive important the Senate to the bill H.R. 3166. may be, I believe this legislation can provide background information concerning individuals The Clerk read as follows: a valuable first step toward assuring that only seeking to become private security officers. H. RES. 535 qualified individuals are hired as private secu- Second, the bill includes provisions expressing Resolved, That upon adoption of this reso- rity officers. the Sense of the Congress that the States lution, the bill H.R. 3166, to amend title 18, H.R. 2092 would accomplish two basic should participate in the background check United States Code, with respect to the goals. First, it would allow the Attorney Gen- system noted above. crime of false statement in a Government eral to establish an association of private se- It is important to note, Mr. Speaker, that the matter, with the Senate amendments there- curity guard employers that would, in turn, to, shall be considered to have been taken legislation we are considering today is very serve as a clearinghouse for submitting appli- from the Speaker’s table and the same are differentÐand, much improvedÐthan the bill cant information to the Federal Bureau of In- agreed to with an amendment as follows: that was originally introduced. In its original vestigation for purposes of doing individual In lieu of the matter proposed to be in- form, H.R. 2092 included lengthy provisions serted by the Senate amendment to the text background checks. This would help ensure declaring the Sense of the Congress that the of the bill, insert the following: that both the States and employers would States should enact statutes imposing numer- SECTION 1. SHORT TITLE. more quickly receive important background in- ous certification and training requirements on This Act may be cited as the ‘‘False State- formation concerning individuals seeking to employers of private security officers. Although ments Accountability Act of 1996’’. become private security officers. Second, the I support the concept of improving efforts to SEC. 2. RESTORING FALSE STATEMENTS PROHI- bill includes a Sense of the Congress that sim- BITION. screen and adequately train private security ply says that the States should participate in Section 1001 of title 18, United States Code, officer job applicants, the bill's focus on the background check system noted above. is amended to read as follows: achieving these improvements through pro- I would note, Mr. Speaker, that the legisla- ‘‘§ 1001. Statements or entries generally scriptive and cumbersome mandatesÐim- tion we are considering today is a vast im- ‘‘(a) Except as otherwise provided in this posed on either the States or employersÐwas provement from the bill as originally intro- section, whoever, in any matter within the troubling to me as well as to other Members duced. In its original form, H.R. 2092 ad- jurisdiction of the executive, legislative, or of our Committee. For that reason, I am dressed a broad range of employment issues, judicial branch of the Government of the pleased that the bill that we take up today no United States, knowingly and willfully— including a Sense of the Congress that the longer includes those particular provisions. ‘‘(1) falsifies, conceals, or covers up by any States should enact statutes imposing poten- trick, scheme, or device a material fact; tially onerous registration and training require- Finally, Mr. Speaker, I would note that H.R. ‘‘(2) makes any materially false, fictitious, ments on employers of private security offi- 2092, which was originally introduced by Rep- or fraudulent statement or representation; cers. While I strongly support the notion of resentative BARR of Georgia, was referred to or thoroughly checking the background of all pri- the Committee on Economic and Educational ‘‘(3) makes or uses any false writing or doc- vate security officer job applicants, and of as- Opportunities, and in addition, to the Commit- ument knowing the same to contain any ma- tee on the Judiciary. While the Committee on terially false, fictitious, or fraudulent state- suring an adequate level of training for such ment or entry; applicants, I found the proscriptive nature of Economic and Educational Opportunities has not reported H.R. 2092, the Judiciary Commit- shall be fined under this title or imprisoned the bill's original languageÐand, its sugges- not more than 5 years, or both tion that these requirements be mandated tee did, in fact, order the bill favorably re- ‘‘(b) Subsection (a) does not apply to a upon either the States or employersÐtrou- ported by a voice vote on September 18, party to a judicial proceeding, or that par- bling. For that reason, I am pleased that the 1996. Given Congress' impending adjourn- ty’s counsel, for statements, representations, bill before us today no longer includes those ment, I agree with my committee chairman, writings or documents submitted by such particular provisions. Mr. GOODLING, that there is no reason to slow party or counsel to a judge or magistrate in Finally, Mr. Speaker, I would note that H.R. the legislative process; however, I also share that proceeding. 2092 was originally introduced by Representa- his view that these actions should hold no ‘‘(c) With respect to any matter within the jurisdiction of the legislative branch, sub- tive BARR of Georgia, and was referred to the precedence regarding the interest that the section (a) shall apply only to— Committee on Economic and Educational Op- Committee on Economic and Educational Op- ‘‘(1) administrative matters, including a portunities, and in addition, to the Committee portunities has regarding our jurisdiction with claim for payment, a matter related to the on the Judiciary. While the Committee on Eco- respect to issues raised in the bill. procurement of property or services, person- nomic and Educational Opportunities has not Mr. WATT of North Carolina. Mr. nel or employment practices, or support reported H.R. 2092, the Judiciary Committee Speaker, I have no further speakers, services, or a document required by law, ordered the bill favorably reported by a voice rule, or regulation to be submitted to the and I yield back the balance of my Congress or any office or officer within the vote on September 18, 1996. Given Congress' time. legislative branch; or impending adjournment, I saw no reason to Mr. BARR of Georgia. Mr. Speaker, I ‘‘(2) any investigation or review, conducted slow the legislative process; however, these have no further requests for time, and pursuant to the authority of any committee, actions should hold no precedence regarding I yield back the balance of my time. subcommittee, commission or office of the the interest that the Committee on Economic Congress, consistent with the applicable and Educational Opportunities has regarding The SPEAKER pro tempore. The rules of the House or Senate.’’. our jurisdiction with respect to issues raised in question is on the motion offered by SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCT- the bill. the gentleman from Georgia [Mr. ING CONGRESS. Section 1515 of title 18, United States Code, Mr. FAWELL. Mr. Speaker, I rise today in BARR] that the House suspend the rules and pass the bill, H.R. 2092, as amend- is amended— support of H.R. 2092, the Private Security Offi- (1) by redesignating subsection (b) as sub- cer Quality Assurance Act. I believe this legis- ed. section (c); and lation will help ensure that only qualified indi- The question was taken. (2) by inserting after subsection (a) the fol- viduals are hired as private security officers, Mr. WATT of North Carolina. Mr. lowing new subsection: thereby improving the important public service ‘‘(b) As used in section 1505, the term ‘cor- Speaker, on that I demand the yeas ruptly’ means acting with an improper pur- these individuals provide. and nays. H.R. 2092 is not broad in scope; rather, it pose, personally or by influencing another, The yeas and nays were ordered. including making a false or misleading seeks modest changes that would simply ex- statement, or withholding, concealing, alter- pedite the process by which States and em- The SPEAKER pro tempore. Pursu- ing, or destroying a document or other infor- ployers can check the backgrounds of individ- ant to the provisions of clause 5, rule I, mation.’’. uals applying for private security officer jobs. and the Chair’s prior announcement, SEC. 4. ENFORCING SENATE SUBPOENA. The bill would accomplish this in two basic further proceedings on this motion will Section 1365(a) of title 28, United States ways. First, it would allow the Attorney Gen- be postponed. Code, is amended in the second sentence, by H11138 CONGRESSIONAL RECORD — HOUSE September 25, 1996 striking ‘‘Federal Government acting within H.R. 3166 is responsive to the con- trative filings that have been covered his official capacity’’ and inserting ‘‘execu- cerns raised at our June hearing. The in the past. As such, it covers Members tive branch of the Federal Government act- bill provides us with the means of pun- of Congress who knowingly and will- ing within his or her official capacity, except ishing those who willfully mislead the fully lie on their financial disclosure that this section shall apply if the refusal to comply is based on the assertion of a per- executive, legislative, and judicial forms, initiate ghost employee sonal privilege or objection and is not based branches, while at the same time schemes, knowingly submit false on a governmental privilege or objection the avoiding unintended consequences. vouchers, and purchase goods and serv- assertion of which has been authorized by The bill applies section 1001 to all ices with taxpayer dollars. the executive branch of the Federal Govern- three branches of the U.S. Government, Importantly, statutes such as perjury ment’’. with two exceptions. First, the bill has and contempt of Congress continue to SEC. 5. COMPELLING TRUTHFUL TESTIMONY a judicial function exception, which provide a means of holding accountable FROM IMMUNIZED WITNESS. provides that section 1001 does not those who knowingly and willfully mis- Section 6005 of title 18, United States Code, apply ‘‘to a party to a judicial proceed- lead Congress. is amended— ing or that party’s counsel, for state- (1) in subsection (a), by inserting ‘‘or ancil- I believe that the institutional inter- lary to’’ after ‘‘any proceeding before’’; and ments, representations, writings, or ests of the Congress, and the interests (2) in subsection (b)— documents submitted by such party or of the American people, are advanced (A) in paragraphs (1) and (2), by inserting counsel to a judge or magistrate in when unsworn congressional testimony ‘‘or ancillary to’’ after ‘‘a proceeding before’’ that proceeding.’’ This exception ap- and legislative advocacy occur without each place that term appears; and plies the criminal penalties of section the fear of possible criminal prosecu- (B) in paragraph (3), by adding a period at 1001 to those representations made to a the end. tion for misstatements. The function- court when it is acting in its adminis- ing of this body would be seriously un- The SPEAKER pro tempore. Pursu- trative function, and exempts from the dermined, and the people poorly served, ant to the rule, the gentleman from scope of section 1001 those representa- if all statements and correspondence Florida [Mr. MCCOLLUM] and the gen- tions that are part of a judicial pro- from constituents were subject to tleman from North Carolina [Mr. ceeding. The failure to establish such a criminal prosecution. H.R. 3166 avoids WATT] each will control 20 minutes. judicial function exception would allow creating such an atmosphere. The Chair recognizes the gentleman a prosecutor to threaten his or her op- The bill includes three additional from Florida [Mr. MCCOLLUM]. posing counsel with criminal prosecu- sections which, along with the amend- GENERAL LEAVE tion for statements made by such coun- ments to section 1001, help to safeguard Mr. MCCOLLUM. Mr. Speaker, I ask sel to a judge in the case before them. the legislative and oversight roles of unanimous consent that all Members Such threats would clearly chill vigor- Congress assigned to it by the Con- may have 5 legislative days within ous advocacy, and, as such, would have stitution. All of these sections have which to revise and extend their re- a substantial detrimental effect on the been worked out and agreed to by both marks on House Resolution 535. adversarial process. sides in the House and the Senate. The SPEAKER pro tempore. Is there The second exception is the legisla- In brief, section three responds to the objection to the request of the gen- tive function exception. This exception D.C. Circuit Court’s decision in tleman from Florida? is the result of much work by Members Poindexter and clarifies that a person There was no objection. on both sides of the aisle, and much acting alone may obstruct a congres- Mr. MCCOLLUM. Mr. Speaker, I yield work with the Senate Judiciary Com- sional inquiry. Section 4 clarifies that myself such time as I may consume. mittee. It is agreed to by all these par- resistance to a Senate subpoena by a Mr. Speaker, for decades, section 1001 ties. The purpose of this provision is to Federal employee claiming a govern- of title 18 of the United States Code guard against creating an intimidating mental privilege must be authorized by has been a powerful tool in the hands atmosphere in which all communica- the executive branch. And section 5 al- of prosecutors seeking to address the tions made in the legislative context— lows Congress to compel an immunized willful misleading of the executive, ju- including unsworn testimony and con- witness to testify at depositions as well dicial, and legislative branches. Over stituent mail—would be subject to sec- as hearings. the years, section 1001 has been used to tion 1001’s criminal penalties. Such an I would like to thank my friend from prosecute a wide variety of mis- atmosphere could undermine the free- New Jersey, Congressman MARTINI, for conduct. Notable prosecutions under flow of information that is so vital to his leadership and hard work on this section 1001 include those of Colonel the legislative process. bill. He has been out front on this issue North and Admiral Poindexter, and The legislative function exception since the Supreme Court handed down more recently, the case against former limits section 1001’s application in a Hubbard, and has worked with parties Congressman Rostenkowski. legislative context to administrative on both sides of the aisle to make sure On May 15, 1996, the U.S. Supreme matters and to any investigation or re- that we moved a good bill through this Court dramatically changed Federal view that is conducted pursuant to the House. Mr. MARTINI—I want to con- criminal law dealing with the offense authority of a committee, subcommit- gratulate you and your staff on a job of willfully misleading a branch of tee, commission or Office of Congress, well done. Government. In the case Hubbard ver- consistent with applicable rules. I b sus United States, the Supreme Court think it is important to note that the 2000 limited the application of section 1001 term ‘‘review,’’ as used here, refers to Mr. Speaker, I reserve the balance of to only the executive branch, leaving an action that is ordinarily initiated my time. the offenses of misleading Congress and by the chairman of a committee, sub- Mr. WATT of North Carolina. Mr. the courts outside its scope. committee, office, or commission, con- Speaker, I yield myself such time as I On June 30, 1995, the Crime Sub- sistent with the performance of their may consume. committee held a hearing to examine oversight or enforcement activities. Mr. Speaker, this bill overturns the how section 1001 could be amended to ‘‘Investigation or review’’ is not in- 1995 Supreme Court case of United ensure that those who willfully mislead tended to include routine fact gather- States versus Hubbard in which the Su- any branch of the Government are held ing or miscellaneous inquiries by com- preme Court overturned 40 years of accountable. At that hearing, all of the mittee or personal staff. While the op- case law to hold that section 1001 of witnesses agreed that law enforcement eration of this provision is not contin- title 18 of the United States Code does must have the ability to punish those gent on any changes to the Rules of the not allow prosecution for false state- who willfully mislead the Government. House, certain changes to the rules ments made to the judiciary or to Con- But they further agreed that such an may be advisable in the future to pro- gress. In essence, the Court’s holding ability must be weighed against our vide increased clarity regarding what allows individuals to make false state- commitment to free speech, a balanced constitutes an ‘‘investigation or re- ments to Congress with impunity. adversarial system of justice, and a view’’ for purposes of this section. When this bill was originally marked genuine separation of power between At the same time, section 1001 con- up in subcommittee, I was concerned the three branches of Government. tinues to apply to the many adminis- that legislative advocacy not be September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11139 criminalized. At full committee, how- forms and other required congressional apply to all citizens including Members of Con- ever, an amendment providing an ex- filings are filled out truthfully and ac- gressÐbut, the Supreme Court decision last ception for legislative advocacy was curately. Our service in the Congress is spring placed this institution above the law. In passed unanimously. based upon mutual trust with the Hubbard versus United States the Court held In a conference with the Senate, this American people. that section 1001 of 18 United States Code is exception has been further refined. As Citizens should know that Members only applicable to individuals who knowingly a result, statements made to Congress of Congress and candidates seeking of- issue a false statement to the executive for the purpose of legislative advocacy fice have provided honest, complete re- branch. This means that individualsÐincluding will not be prosecutable. Not only sponses on their congressional finan- Members of CongressÐwho intentionally lie to Members of Congress but lobbyists and cial disclosure forms. Only an enforce- this institution can no longer be prosecuted members of the public will be protected able Federal false statement statute under this statute. Following the Supreme by this provision. will protect that valuable trust. Court's decision we witnessed numerous legal I believe that a legislative advocacy In addition, when Congress receives briefs filed to dismiss or lessen charges exception is necessary, because in the testimony before the various commit- against former Members of Congress. We all heat of intense arguments over legisla- tees of the House of Representatives, it know of one former Member that may have re- tion, positions may be exaggerated or is only right to expect that the infor- ceived a longer prison sentence for the crimi- overemphasized. Such statements mation and statements provided to us nal acts against the American people if Con- should not be subject to potential pros- by those witnesses is truthful and fac- gress was under section 1001. This is not ecution. tual, especially in an investigative set- equal justice under the law. We cannot allow This amendment will ensure that ting. criminal activity to go unpunished. H.R. 3166 Members of Congress and members of I serve as a member of the Commit- extends the false statement statute to all three the public will continue to engage in tee on Government Reform and Over- branches of the Government. full uncensored debate over legislation. sight, which is the primary committee It is very clear that individuals doing busi- At the same time, this bill does not charged with oversight of the entire ness with the Government or appearing before protect those who make false state- Federal Government. This past year I a committee are under this statute. H.R. 3166 ments to Congress in other contexts. have sat through a number of inves- makes Members of Congress legally account- Lies about financial statements or tigative hearings without having the able to the American people. I support this other administrative matters should be benefit of a viable Federal false state- measure and encourage my colleagues to do subject to prosecution. ment statute. Having done so, I am the same. In addition, false statements made to convinced, now more than ever, of the Mr. WATT of North Carolina. Mr. Members of Congress or congressional necessity for enacting the False State- Speaker, I have no further requests for staff pursuant to authorized investiga- ments Accountability Act. time, and I yield back the balance of tions would also be subject to criminal Mr. Speaker, I have stated time and my time. prosecution. time again as we debated this issue Mr. MCCOLLUM. Mr. Speaker, I have In short, this bill overturns the re- that this is simply an issue of parity. no further requests for time, and I cent Supreme Court case and, once There is no reason why we would hold yield back the balance of my time. again, makes lying to Congress a Fed- false statements issued to Congress or The SPEAKER pro tempore (Mr. eral crime. But it also includes an im- the judiciary with any less severity DICKEY). The question is on the motion portant but narrow exception designed than those issued to the executive offered by the gentleman from Florida to ensure uninhibited debate. branch. [Mr. MCCOLLUM] that the House sus- Mr. Speaker, I urge my colleagues to Before I conclude, some of my col- pend the rules and agree to the resolu- support this bill. leagues in the House and in the other tion, H. Res. 535. Mr. Speaker, I reserve the balance of body had expressed concern that the The question was taken. my time. False Statements Accountability Act Mr. MCCOLLUM. Mr. Speaker, on Mr. MCCOLLUM. Mr. Speaker, I yield needed to include a congressional advo- that I demand the yeas and nays. such time as he may consume to the cacy exception that would exempt cer- The yeas and nays were ordered. gentleman from New Jersey [Mr. MAR- tain types of legislative advocacy from The SPEAKER pro tempore. Pursu- TINI], the author of this bill. the scope of section 1001. These individ- ant to clause 5 of rule I and the Chair’s Mr. MARTINI. Mr. Speaker, I thank uals should be assured that the current prior announcement, further proceed- the gentleman from Florida for yield- compromise version of H.R. 3166 ade- ings on this motion will be postponed. ing me this time. quately addresses their concerns while f Mr. Speaker, I am pleased after simultaneously protecting the veracity months of negotiations and discussions and legitimacy of the investigative ac- ANNOUNCEMENT OF INTENTION TO within our own House and with the tivities of the Congress. OFFER RESOLUTION RAISING other body that we are finally able to Mr. Speaker, last week I was con- QUESTION OF PRIVILEGES OF complete the action on this important cerned that, had we gone home next THE HOUSE legislation. week without passing H.R. 3166, it Mr. LEWIS of Georgia (during consid- I would like to take this moment to would have given the perception that eration of S. 919). Mr. Speaker, pursu- thank the gentleman from Florida, Congress was attempting to avoid con- ant to clause 2 of rule IX, I hereby give Chairman MCCOLLUM, and the capable sideration of this type of legislation. notice of my intention to offer a reso- Crime Subcommittee counsel Paul Well, I am proud to say that this lution which raises a question of the McNulty and Dan Bryant, and Dan evening I am part of a Congress that privileges of the House. Gans of my own staff, for their hard does not tolerate the self-serving inter- The form of the resolution is as fol- work and commitment to bringing this est that too often went unnoticed in lows: legislation to the floor. the past. For over a year, Congress has Mr. Speaker, today, upon enactment Whereas on December 6, 1995, the Commit- not enjoyed the protection of the Fed- tee on Standards of Official Conduct agreed of this legislation, we will finally know eral false statement statute. Enact- to appoint an outside counsel to conduct an with certainty that individuals who ment of this legislation will clear up independent, nonpartisan investigation of al- knowingly and intentionally issue a any existing ambiguity in the law so legations of ethical misconduct by Speaker materially fraudulent or false state- that lying to Congress will once again New Gingrich; ment to the legislative or judicial have serious consequences. Whereas, after an eight-month investiga- branch of the Federal Government will In closing, I want to again thank tion, that outside counsel has submitted an extensive document containing the results of be subject to criminal prosecution Chairman MCCOLLUM and his staff, and under title 18, section 1001, of the Unit- his inquiry; I urge my colleagues to support this bi- Whereas the report of the outside counsel ed States Code. partisan reform bill. cost the taxpayers $500,000; As I stated previously, I believe that Mr. GOSS. Mr. Speaker, above the door to Whereas the public has a right—and Mem- the public has a right to know that the Supreme Court Building are the words bers of Congress have a responsibility—to ex- congressional financial disclosure ``Equal Justice Under the Law.'' These words amine the work of the outside counsel and H11140 CONGRESSIONAL RECORD — HOUSE September 25, 1996 reach an independent judgment concerning Sec. 113. Technical and conforming amend- ment of Health and Human Services, the the merits of the charges against the Speak- ments. Secretary shall ensure that such functions er; Subtitle B—Community-Based Family and activities are executed with the nec- Whereas these charges have been before Resource and Support Grants essary expertise and in a fully coordinated the Ethics Committee for more than two manner involving regular intradepartmental Sec. 121. Establishment of program. years; and interdepartmental consultation with all Whereas a failure of the Committee to re- Subtitle C—Certain Preventive Services Re- agencies involved in child abuse and neglect lease the outside counsel’s report before the garding Children of Homeless Families or activities.’’. adjournment of the 104th Congress will seri- Families At Risk of Homelessness SEC. 102. ADVISORY BOARD ON CHILD ABUSE ously undermine the credibility of the Ethics Sec. 131. Repeal of title III. AND NEGLECT. Committee and the integrity of the House of Subtitle D—Miscellaneous Provisions Section 102 of the Child Abuse Prevention Representatives; Sec. 141. Table of contents. and Treatment Act (42 U.S.C. 5102) is amend- Therefore be it resolved that Sec. 142. Repeals of other laws. ed to read as follows: The Committee on Standards of Official ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE Conduct shall release to the public the out- TITLE II—AMENDMENTS TO OTHER ACTS AND NEGLECT. side counsel’s report on Speaker Newt Ging- Subtitle A—Family Violence Prevention and ‘‘(a) APPOINTMENT.—The Secretary may ap- rich, including any conclusions, rec- Services Act point an advisory board to make rec- ommendations, attachments, exhibits or ac- Sec. 201. State demonstration grants. ommendations to the Secretary and to the companying material—no later than Friday, Sec. 202. Allotments. appropriate committees of Congress concern- September 27, 1996. Sec. 203. Authorization of appropriations. ing specific issues relating to child abuse and The SPEAKER pro tempore (Mr. Subtitle B—Child Abuse Prevention and neglect. ‘‘(b) SOLICITATION OF NOMINATIONS.—The DICKEY). Under rule IX, a resolution of- Treatment and Adoption Reform Act of 1978 (‘‘Adoption Opportunities Act’’) Secretary shall publish a notice in the Fed- fered from the floor by a Member other eral Register soliciting nominations for the than the majority leader or the minor- Sec. 211. Findings and purpose. appointment of members of the advisory ity leader as a question of the privi- Sec. 212. Information and services. board under subsection (a). Sec. 213. Authorization of appropriations. leges of the House has immediate prec- ‘‘(c) COMPOSITION.—In establishing the edence only at a time or place des- Subtitle C—Abandoned Infants Assistance board under subsection (a), the Secretary Act of 1988 ignated by the Chair in the legislative shall appoint members from the general pub- lic who are individuals knowledgeable in schedule within 2 legislative days. The Sec. 221. Priority requirement. Sec. 222. Reauthorization. child abuse and neglect prevention, interven- Chair will announce that designation Subtitle D—Reauthorization of Various tion, treatment, or research, and with due at a later time. Programs consideration to representation of ethnic or A determination as to whether the racial minorities and diverse geographic Sec. 231. Missing Children’s Assistance Act. areas, and who represent— resolution constitutes a question of Sec. 232. Victims of Child Abuse Act of 1990. privilege will be made at that later ‘‘(1) law (including the judiciary); TITLE I—AMENDMENTS TO THE CHILD time. ‘‘(2) psychology (including child develop- ABUSE PREVENTION AND TREATMENT ment); f ACT ‘‘(3) social services (including child protec- CHILD ABUSE PREVENTION AND SEC. 100. FINDINGS. tive services); TREATMENT ACT AMENDMENTS Section 2 of the Child Abuse Prevention ‘‘(4) medicine (including pediatrics); OF 1996 and Treatment Act (42 U.S.C. 5101 note) is ‘‘(5) State and local government; amended— ‘‘(6) organizations providing services to Mr. GOODLING. Mr. Speaker, I move (1) in paragraph (1), to read as follows: disabled persons; to suspend the rules and pass the Sen- ‘‘(1) each year, close to 1,000,000 American ‘‘(7) organizations providing services to ate bill (S. 919) to modify and reauthor- children are victims of abuse and neglect;’’; adolescents; ize the Child Abuse Prevention and (2) in paragraph (3)(C), by inserting ‘‘as- ‘‘(8) teachers; Treatment Act, and for other purposes, sessment,’’ after ‘‘prevention,’’; ‘‘(9) parent self-help organizations; ‘‘(10) parents’ groups; as amended. (3) in paragraph (4)— (A) by striking ‘‘tens of’’; and ‘‘(11) voluntary groups; The Clerk read as follows: (B) by striking ‘‘direct’’ and all that fol- ‘‘(12) family rights groups; and S. 919 lows through the semicolon and inserting ‘‘(13) children’s rights advocates. Be it enacted by the Senate and House of Rep- ‘‘tangible expenditures, as well as significant ‘‘(d) VACANCIES.—Any vacancy in the mem- resentatives of the United States of America in intangible costs;’’; bership of the board shall be filled in the Congress assembled, (4) in paragraph (7), by striking ‘‘remedy same manner in which the original appoint- ment was made. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the causes of’’ and inserting ‘‘prevent’’; ‘‘(e) ELECTION OF OFFICERS.—The board (a) SHORT TITLE.—This Act may be cited as (5) in paragraph (8), by inserting ‘‘safety,’’ shall elect a chairperson and vice-chair- the ‘‘Child Abuse Prevention and Treatment after ‘‘fosters the health,’’; person at its first meeting from among the Act Amendments of 1996’’. (6) in paragraph (10)— members of the board. ABLE OF ONTENTS (A) by striking ‘‘ensure that every commu- (b) T C .—The table of con- ‘‘(f) DUTIES.—Not later than 1 year after tents of this Act is as follows: nity in the United States has’’ and inserting ‘‘assist States and communities with’’; and the establishment of the board under sub- (B) after ‘‘child’’ insert ‘‘and family’’; and section (a), the board shall submit to the Sec. 1. Short title; table of contents. (7) in paragraph (11)— Secretary and the appropriate committees of TITLE I—AMENDMENTS TO THE CHILD (A) by striking ‘‘child protection’’ each Congress a report, or interim report, con- ABUSE PREVENTION AND TREATMENT place that such term appears and inserting taining— ACT ‘‘child and family protection’’; and ‘‘(1) recommendations on coordinating Sec. 100. Findings. (B) in subparagraph (D), by striking ‘‘suffi- Federal, State, and local child abuse and ne- cient’’. glect activities with similar activities at the Subtitle A—General Program Federal, State, and local level pertaining to Sec. 101. Office on Child Abuse and Neglect. Subtitle A—General Program family violence prevention; Sec. 102. Advisory Board on Child Abuse and SEC. 101. OFFICE ON CHILD ABUSE AND NE- ‘‘(2) specific modifications needed in Fed- Neglect. GLECT. eral and State laws and programs to reduce Sec. 103. Repeal of Inter-Agency Task Force Section 101 of the Child Abuse Prevention the number of unfounded or unsubstantiated on Child Abuse and Neglect. and Treatment Act (42 U.S.C. 5101) is amend- reports of child abuse or neglect while en- Sec. 104. National clearinghouse for infor- ed to read as follows: hancing the ability to identify and substan- mation relating to child abuse. ‘‘SEC. 101. OFFICE ON CHILD ABUSE AND NE- tiate legitimate cases of abuse or neglect Sec. 105. Research, evaluation and assist- GLECT. which place a child in danger; and ance activities. ‘‘(a) ESTABLISHMENT.—The Secretary of ‘‘(3) recommendations for modifications Sec. 106. Grants for demonstration pro- Health and Human Services may establish an needed to facilitate coordinated national grams. office to be known as the Office on Child data collection with respect to child protec- Sec. 107. State grants for prevention and Abuse and Neglect. tion and child welfare.’’. treatment programs. ‘‘(b) PURPOSE.—The purpose of the Office SEC. 103. REPEAL OF INTER-AGENCY TASK Sec. 108. Repeal. established under subsection (a) shall be to FORCE ON CHILD ABUSE AND NE- Sec. 109. Miscellaneous requirements. execute and coordinate the functions and ac- GLECT. Sec. 110. Definitions. tivities of this Act. In the event that such Section 103 of the Child Abuse Prevention Sec. 111. Authorization of appropriations. functions and activities are performed by an- and Treatment Act (42 U.S.C. 5103) is re- Sec. 112. Rule of construction. other entity or entities within the Depart- pealed. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11141

SEC. 104. NATIONAL CLEARINGHOUSE FOR IN- SEC. 105. RESEARCH, EVALUATION AND ASSIST- (c) TECHNICAL ASSISTANCE.—Section 105(c) FORMATION RELATING TO CHILD ANCE ACTIVITIES. of the Child Abuse Prevention and Treat- ABUSE. (a) RESEARCH.—Section 105(a) of the Child ment Act (42 U.S.C. 5105(c)) is amended— (1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; Section 104 of the Child Abuse Prevention Abuse Prevention and Treatment Act (42 (42 and Treatment Act (42 U.S.C. 5104) is amend- (2) by striking ‘‘The Secretary’’ and insert- U.S.C. 5105(a)) is amended— ing: ed— (1) in paragraph (1)— ‘‘(1) IN GENERAL.—The Secretary’’; (1) in subsection (a), to read as follows: (A) in the matter preceding subparagraph (3) by striking ‘‘, through the Center,’’; ‘‘(a) ESTABLISHMENT.—The Secretary shall (A), by striking ‘‘, through the Center, con- (4) by inserting ‘‘State and local’’ before through the Department, or by one or more duct research on’’ and inserting ‘‘, in con- ‘‘public and nonprofit’’; sultation with other Federal agencies and contracts of not less than 3 years duration (5) by inserting ‘‘assessment,’’ before recognized experts in the field, carry out a let through a competition, establish a na- ‘‘identification’’; and continuing interdisciplinary program of re- tional clearinghouse for information relating (6) by adding at the end thereof the follow- search that is designed to provide informa- ing new paragraphs: to child abuse.’’; tion needed to better protect children from ‘‘(2) EVALUATION.—Such technical assist- (2) in subsection (b)— abuse or neglect and to improve the well- ance may include an evaluation or identi- (A) in the matter preceding paragraph (1), being of abused or neglected children, with fication of— by striking ‘‘Director’’ and inserting ‘‘Sec- at least a portion of such research being field ‘‘(A) various methods and procedures for retary’’; initiated. Such research program may focus the investigation, assessment, and prosecu- (B) in paragraph (1)— on’’; tion of child physical and sexual abuse cases; (i) by inserting ‘‘assessment,’’ after ‘‘pre- (B) by redesignating subparagraphs (A) ‘‘(B) ways to mitigate psychological trau- vention,’’; and through (C) as subparagraph (B) through (D), ma to the child victim; and (ii) by striking ‘‘, including’’ and all that respectively; ‘‘(C) effective programs carried out by the follows and inserting ‘‘; and’’; (C) by inserting before subparagraph (B) States under titles I and II. (C) in paragraph (2)— (as so redesignated) the following new sub- ‘‘(3) DISSEMINATION.—The Secretary may (i) in subparagraph (A), by striking ‘‘gen- paragraph: provide for and disseminate information re- eral population’’ and inserting ‘‘United ‘‘(A) the nature and scope of child abuse lating to various training resources available States’’; and neglect;’’; at the State and local level to— (ii) in subparagraph (B), by adding ‘‘and’’ (D) in subparagraph (B) (as so redesig- ‘‘(A) individuals who are engaged, or who at the end; nated), to read as follows: intend to engage, in the prevention, identi- (iii) in subparagraph (C), by striking ‘‘; ‘‘(B) causes, prevention, assessment, iden- fication, and treatment of child abuse and and’’ at the end and inserting a period; and tification, treatment, cultural and socio-eco- neglect; and (iv) by striking subparagraph (D); and nomic distinctions, and the consequences of ‘‘(B) appropriate State and local officials (D) by striking paragraph (3); and child abuse and neglect;’’; and to assist in training law enforcement, legal, (3) in subsection (c)— (E) in subparagraph (D) (as so redesig- judicial, medical, mental health, education, (A) in the matter preceding paragraph (1)— nated)— and child welfare personnel in appropriate (i) by striking ‘‘In establishing’’ and in- (i) by striking clause (ii); methods of interacting during investigative, serting the following: (ii) in clause (iii), to read as follows: administrative, and judicial proceedings ‘‘(1) IN GENERAL.—In establishing’’; and ‘‘(ii) the incidence of substantiated and un- with children who have been subjected to (ii) by striking ‘‘Director’’ and inserting substantiated reported child abuse cases;’’; abuse.’’. ‘‘Secretary’’; and (d) GRANTS AND CONTRACTS.—Section 105(d) (B) by redesignating paragraphs (1) (iii) by adding at the end the following: of the Child Abuse Prevention and Treat- through (4) as subparagraphs (A) through ‘‘(iii) the number of substantiated cases ment Act (42 U.S.C. 5105(d)) is amended— (D), respectively, and by moving the text of that result in a judicial finding of child (1) by striking ‘‘(d)’’ and inserting ‘‘(c)’’; subparagraphs (A) through (D) (as redesig- abuse or neglect or related criminal court and nated) 2 ems to the right; convictions; (2) in paragraph (2), by striking the second (C) in subparagraph (B) (as redesignated), ‘‘(iv) the extent to which the number of un- sentence. by striking ‘‘that is represented on the task substantiated, unfounded and false reported (e) PEER REVIEW.—Section 105(e) of the force’’ and inserting ‘‘involved with child cases of child abuse or neglect have contrib- Child Abuse Prevention and Treatment Act abuse and neglect and mechanisms for the uted to the inability of a State to respond ef- (42 U.S.C. 5105(e)) is amended— sharing of such information among other fectively to serious cases of child abuse or (1) in the heading preceding paragraph (1), Federal agencies and clearinghouses’’; neglect; by striking ‘‘(e)’’ and inserting ‘‘(d)’’; (D) in subparagraph (C) (as redesignated), ‘‘(v) the extent to which the lack of ade- (2) in paragraph (1)— by striking ‘‘State, regional’’ and all that quate resources and the lack of adequate (A) in subparagraph (A)— (i) by striking ‘‘establish a formal’’ and in- follows and inserting the following: ‘‘Fed- training of individuals required by law to re- serting ‘‘, in consultation with experts in the eral, State, regional, and local child welfare port suspected cases of child abuse have con- field and other federal agencies, establish a data systems which shall include— tributed to the inability of a State to re- formal, rigorous, and meritorious’’; ‘‘(i) standardized data on false, unfounded, spond effectively to serious cases of child (ii) by striking ‘‘and contracts’’; and unsubstantiated, and substantiated reports; abuse and neglect; (iii) by adding at the end thereof the fol- and ‘‘(vi) the number of unsubstantiated, false, lowing new sentence: ‘‘The purpose of this ‘‘(ii) information on the number of deaths or unfounded reports that have resulted in a process is to enhance the quality and useful- due to child abuse and neglect;’’; child being placed in substitute care, and the ness of research in the field of child abuse (E) by redesignating subparagraph (D) (as duration of such placement; and neglect.’’; and redesignated) as subparagraph (F); ‘‘(vii) the extent to which unsubstantiated reports return as more serious cases of child (B) in subparagraph (B)— (F) by inserting after subparagraph (C) (as (i) by striking ‘‘Office of Human Develop- redesignated), the following new subpara- abuse or neglect; ‘‘(viii) the incidence and prevalence of ment’’ and inserting ‘‘Administration on graphs: Children and Families’’; and ‘‘(D) through a national data collection physical, sexual, and emotional abuse and physical and emotional neglect in substitute (ii) by adding at the end thereof the follow- and analysis program and in consultation ing new sentence: ‘‘The Secretary shall en- with appropriate State and local agencies care; and ‘‘(ix) the incidence and outcomes of abuse sure that the peer review panel utilizes sci- and experts in the field, collect, compile, and entifically valid review criteria and scoring make available State child abuse and neglect allegations reported within the context of di- vorce, custody, or other family court pro- guidelines for review committees.’’; reporting information which, to the extent (3) in paragraph (2)— practical, shall be universal and case specific ceedings, and the interaction between this venue and the child protective services sys- (A) in the matter preceding subparagraph and integrated with other case-based foster tem.’’; and (A), by striking ‘‘, contract, or other finan- care and adoption data collected by the Sec- (2) in paragraph (2)— cial assistance’’; and retary; (A) in subparagraph (A)— (B) by adding at the end thereof the follow- ‘‘(E) compile, analyze, and publish a sum- (i) by striking ‘‘and demonstration’’; and ing flush sentence: mary of the research conducted under sec- (ii) by striking ‘‘paragraph (1)(A) and ac- ‘‘The Secretary shall award grants under tion 105(a); and’’; and tivities under section 106’’ and inserting this section on the basis of competitive re- (G) by adding at the end the following: ‘‘paragraph (1)’’; and view.’’; and ‘‘(2) CONFIDENTIALITY REQUIREMENT.—In (B) in subparagraph (B), by striking ‘‘and (4) in paragraph (3)(B), by striking ‘‘sub- carrying out paragraph (1)(D), the Secretary demonstration’’. section (e)(2)(B)’’ each place it appears and shall ensure that methods are established inserting ‘‘paragraph (2)(B)’’. and implemented to preserve the confiden- (b) REPEAL.—Subsection (b) of section 105 (f) TECHNICAL AMENDMENT.—Section 105 of tiality of records relating to case specific of the Child Abuse Prevention and Treat- the Child Abuse Prevention and Treatment data.’’. ment Act (42 U.S.C. 5105(b)) is repealed. Act (42 U.S.C. 5105) is amended in the section H11142 CONGRESSIONAL RECORD — HOUSE September 25, 1996

heading by striking ‘‘OF THE NATIONAL EXCHANGE.—The Secretary may award grants tions, including personnel employed in child CENTER ON CHILD ABUSE AND NE- to entities to assist such entities in estab- protective services programs and health-care GLECT’’. lishing and operating safe, family-friendly facilities; and SEC. 106. GRANTS FOR DEMONSTRATION PRO- physical environments— ‘‘(ii) the parents of such infants; and GRAMS. ‘‘(i) for court-ordered supervised visitation ‘‘(B) programs to assist in obtaining or co- Section 106 of the Child Abuse Prevention between children and abusing parents; and ordinating necessary services for families of and Treatment Act (42 U.S.C. 5106) is amend- ‘‘(ii) to safely facilitate the exchange of disabled infants with life-threatening condi- ed— children for visits with noncustodian parents tions, including— (1) in the section heading, by striking ‘‘or in cases of domestic violence.’’; ‘‘(i) existing social and health services; service’’; (3) by striking subsection (b); ‘‘(ii) financial assistance; and (2) in subsection (a), to read as follows: (4) by redesignating subsection (c) as sub- ‘‘(iii) services necessary to facilitate adop- ‘‘(a) DEMONSTRATION PROGRAMS AND section (b) tive placement of any such infants who have PROJECTS.—The Secretary may make grants (5) in subsection (b) (as redesignated)— been relinquished for adoption; or to, and enter into contracts with, public (A) by striking paragraphs (1) and (2); and ‘‘(9) developing and enhancing the capacity agencies or private nonprofit agencies or or- (B) by redesignating paragraphs (3) of community-based programs to integrate ganizations (or combinations of such agen- through (7) as paragraphs (1) through (5), re- shared leadership strategies between parents cies or organizations) for time limited, dem- spectively; and and professionals to prevent and treat child onstration programs and projects for the fol- (6) by adding at the end the following new abuse and neglect at the neighborhood level. lowing purposes: subsection: ‘‘(1) TRAINING PROGRAMS.—The Secretary ‘‘(b) ELIGIBILITY REQUIREMENTS.— ‘‘(c) EVALUATION.—In making grants for ‘‘(1) STATE PLAN.— may award grants to public or private non- demonstration projects under this section, ‘‘(A) IN GENERAL.—To be eligible to receive profit organizations under this section— the Secretary shall require all such projects ‘‘(A) for the training of professional and a grant under this section, a State shall, at to be evaluated for their effectiveness. Fund- the time of the initial grant application and paraprofessional personnel in the fields of ing for such evaluations shall be provided ei- every 5 years thereafter, prepare and submit medicine, law, education, social work, and ther as a stated percentage of a demonstra- to the Secretary a State plan that specifies other relevant fields who are engaged in, or tion grant or as a separate grant entered the areas of the child protective services sys- intend to work in, the field of prevention, into by the Secretary for the purpose of eval- tem described in subsection (a) that the identification, and treatment of child abuse uating a particular demonstration project or and neglect, including the links between do- group of projects.’’. State intends to address with amounts re- ceived under the grant. mestic violence and child abuse; SEC. 107. STATE GRANTS FOR PREVENTION AND ‘‘(B) to improve the recruitment, selection, TREATMENT PROGRAMS. ‘‘(B) ADDITIONAL REQUIREMENT.—After the and training of volunteers serving in public Section 107 of the Child Abuse Prevention submission of the initial grant application and private nonprofit children, youth and and Treatment Act (42 U.S.C. 5106a) is under subparagraph (A), the State shall pro- family service organizations in order to pre- amended to read as follows: vide notice to the Secretary of any sub- vent child abuse and neglect through col- ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE stantive changes to any State law relating laborative analysis of current recruitment, AND NEGLECT PREVENTION AND to the prevention of child abuse and neglect selection, and training programs and devel- TREATMENT PROGRAMS. that may affect the eligibility of the State opment of model programs for dissemination ‘‘(a) DEVELOPMENT AND OPERATION under this section. and replication nationally; and GRANTS.—The Secretary shall make grants ‘‘(2) COORDINATION.—A State plan submit- ‘‘(C) for the establishment of resource cen- to the States, based on the population of ted under paragraph (1) shall, to the maxi- ters for the purpose of providing information children under the age of 18 in each State mum extent practicable, be coordinated with and training to professionals working in the that applies for a grant under this section, the State plan under part B of title IV of the field of child abuse and neglect. for purposes of assisting the States in im- Social Security Act relating to child welfare ‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec- proving the child protective services system services and family preservation and family retary may award grants to private non- of each such State in— support services, and shall contain an out- profit organizations (such as Parents Anony- ‘‘(1) the intake, assessment, screening, and line of the activities that the State intends mous) to establish or maintain a national investigation of reports of abuse and neglect; to carry out using amounts received under network of mutual support and self-help pro- ‘‘(2)(A) creating and improving the use of the grant to achieve the purposes of this grams as a means of strengthening families multidisciplinary teams and interagency title, including— in partnership with their communities. protocols to enhance investigations; and ‘‘(A) an assurance in the form of a certifi- ‘‘(3) OTHER INNOVATIVE PROGRAMS AND ‘‘(B) improving legal preparation and rep- cation by the chief executive officer of the PROJECTS.— resentation, including— State that the State has in effect and is en- ‘‘(A) IN GENERAL.—The Secretary may ‘‘(i) procedures for appealing and respond- forcing a State law, or has in effect and is award grants to public and private nonprofit ing to appeals of substantiated reports of operating a Statewide program, relating to agencies that demonstrate innovation in re- abuse and neglect; and child abuse and neglect that includes— sponding to reports of child abuse and ne- ‘‘(ii) provisions for the appointment of an ‘‘(i) provisions or procedures for the report- glect including programs of collaborative individual appointed to represent a child in ing of known and suspected instances of partnerships between the State child protec- judicial proceedings; child abuse and neglect; tive services agency, community social serv- ‘‘(3) case management and delivery of serv- ‘‘(ii) procedures for the immediate screen- ice agencies and family support programs, ices provided to children and their families; ing, safety assessment, and prompt inves- schools, churches and synagogues, and other ‘‘(4) enhancing the general child protective tigation of such reports; community agencies to allow for the estab- system by improving risk and safety assess- ‘‘(iii) procedures for immediate steps to be lishment of a triage system that— ment tools and protocols, automation sys- taken to ensure and protect the safety of the ‘‘(i) accepts, screens and assesses reports tems that support the program and track re- abused or neglected child and of any other received to determine which such reports re- ports of child abuse and neglect from intake child under the same care who may also be quire an intensive intervention and which re- through final disposition and information re- in danger of abuse or neglect and ensuring quire voluntary referral to another agency, ferral systems; their placement in a safe environment; program or project; ‘‘(5) developing, strengthening, and facili- ‘‘(iv) provisions for immunity from pros- ‘‘(ii) provides, either directly or through tating training opportunities and require- ecution under State and local laws and regu- referral, a variety of community-linked serv- ments for individuals overseeing and provid- lations for individuals making good faith re- ices to assist families in preventing child ing services to children and their families ports of suspected or known instances of abuse and neglect; and through the child protection system; child abuse or neglect; ‘‘(iii) provides further investigation and in- ‘‘(6) developing and facilitating training ‘‘(v) methods to preserve the confidential- tensive intervention where the child’s safety protocols for individuals mandated to report ity of all records in order to protect the is in jeopardy. child abuse or neglect; rights of the child and of the child’s parents ‘‘(B) KINSHIP CARE.—The Secretary may ‘‘(7) developing, strengthening, and sup- or guardians, including requirements ensur- award grants to public and private nonprofit porting child abuse and neglect prevention, ing that reports and records made and main- entities in not more than 10 States to assist treatment, and research programs in the tained pursuant to the purposes of this Act such entities in developing or implementing public and private sectors; shall only be made available to— procedures using adult relatives as the pre- ‘‘(8) developing, implementing, or operat- ‘‘(I) individuals who are the subject of the ferred placement for children removed from ing— report; their home, where such relatives are deter- ‘‘(A) information and education programs ‘‘(II) Federal, State, or local government mined to be capable of providing a safe nur- or training programs designed to improve entities, or any agent of such entities, hav- turing environment for the child and where the provision of services to disabled infants ing a need for such information in order to such relatives comply with the State child with life-threatening conditions for— carry out its responsibilities under law to protection standards. ‘‘(i) professional and paraprofessional per- protect children from abuse and neglect; ‘‘(C) PROMOTION OF SAFE, FAMILY-FRIENDLY sonnel concerned with the welfare of dis- ‘‘(III) child abuse citizen review panels; PHYSICAL ENVIRONMENTS FOR VISITATION AND abled infants with life-threatening condi- ‘‘(IV) child fatality review panels; September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11143 ‘‘(V) a grand jury or court, upon a finding rental rights of the convicted parent as to $175,000 under section 203(b)(1)(A) for a fiscal that information in the record is necessary the surviving children (although case by case year shall establish not less than 1 citizen for the determination of an issue before the determinations of whether or not to seek review panel. court or grand jury; and termination of parental rights shall be with- ‘‘(ii) DESIGNATION OF EXISTING ENTITIES.—A ‘‘(VI) other entities or classes of individ- in the sole discretion of the State); State may designate as panels for purposes uals statutorily authorized by the State to ‘‘(B) an assurance that the State has in of this subsection one or more existing enti- receive such information pursuant to a le- place procedures for responding to the re- ties established under State or Federal law, gitimate State purpose; porting of medical neglect (including in- such as child fatality panels or foster care ‘‘(vi) provisions which allow for public dis- stances of withholding of medically indi- review panels, if such entities have the ca- closure of the findings or information about cated treatment from disabled infants with pacity to satisfy the requirements of para- the case of child abuse or neglect which has life-threatening conditions), procedures or graph (4) and the State ensures that such en- resulted in a child fatality or near fatality; programs, or both (within the State child tities will satisfy such requirements. ‘‘(vii) the cooperation of State law enforce- protective services system), to provide for— ‘‘(2) MEMBERSHIP.—Each panel established ment officials, court of competent jurisdic- ‘‘(i) coordination and consultation with in- pursuant to paragraph (1) shall be composed tion, and appropriate State agencies provid- dividuals designated by and within appro- of volunteer members who are broadly rep- ing human services in the investigation, as- priate health-care facilities; resentative of the community in which such sessment, prosecution, and treatment of ‘‘(ii) prompt notification by individuals panel is established, including members who child abuse or neglect; designated by and within appropriate health- have expertise in the prevention and treat- ‘‘(viii) provisions requiring, and procedures care facilities of cases of suspected medical ment of child abuse and neglect. in place that facilitate the prompt neglect (including instances of withholding ‘‘(3) MEETINGS.—Each panel established expungement of any records that are acces- of medically indicated treatment from dis- pursuant to paragraph (1) shall meet not less sible to the general public or are used for abled infants with life-threatening condi- than once every 3 months. purposes of employment or other background tions); and ‘‘(4) FUNCTIONS.— checks in cases determined to be unsubstan- ‘‘(iii) authority, under State law, for the ‘‘(A) IN GENERAL.—Each panel established tiated or false, except that nothing in this State child protective services system to pursuant to paragraph (1) shall, by examin- section shall prevent State child protective pursue any legal remedies, including the au- ing the policies and procedures of State and services agencies from keeping information thority to initiate legal proceedings in a local agencies and where appropriate, spe- on unsubstantiated reports in their casework court of competent jurisdiction, as may be cific cases, evaluate the extent to which the files to assist in future risk and safety as- necessary to prevent the withholding of agencies are effectively discharging their sessment; medically indicated treatment from disabled child protection responsibilities in accord- ‘‘(ix) provisions and procedures requiring infants with life threatening conditions; ance with— that in every case involving an abused or ne- ‘‘(C) a description of— ‘‘(i) the State plan under subsection (b); glected child which results in a judicial pro- ‘‘(i) the services to be provided under the ‘‘(ii) the child protection standards set ceeding, a guardian ad litem, who may be an grant to individuals, families, or commu- forth in subsection (b); and attorney or a court appointed special advo- nities, either directly or through referrals ‘‘(iii) any other criteria that the panel con- cate (or both), shall be appointed to rep- aimed at preventing the occurrence of child siders important to ensure the protection of resent the child in such proceedings— abuse and neglect; children, including— ‘‘(I) to obtain first-hand, a clear under- ‘‘(ii) the training to be provided under the ‘‘(I) a review of the extent to which the standing of the situation and needs of the grant to support direct line and supervisory State child protective services system is co- child; and personnel in report taking, screening, assess- ordinated with the foster care and adoption ‘‘(II) to make recommendations to the ment, decision making, and referral for in- programs established under part E of title IV court concerning the best interests of the vestigating suspected instances of child of the Social Security Act; and child; abuse and neglect; and ‘‘(II) a review of child fatalities and near ‘‘(x) the establishment of citizen review ‘‘(iii) the training to be provided under the fatalities (as defined in subsection (b)(4)). panels in accordance with subsection (c); grant for individuals who are required to re- ‘‘(B) CONFIDENTIALITY.— ‘‘(xi) provisions, procedures, and mecha- port suspected cases of child abuse and ne- ‘‘(i) IN GENERAL.—The members and staff of nisms to be effective not later than 2 years glect; and a panel established under paragraph (1)— after the date of the enactment of this sec- ‘‘(D) an assurance or certification that the ‘‘(I) shall not disclose to any person or gov- tion— programs or projects relating to child abuse ernment official any identifying information ‘‘(I) for the expedited termination of paren- and neglect carried out under part B of title about any specific child protection case with tal rights in the case of any infant deter- IV of the Social Security Act comply with respect to which the panel is provided infor- mined to be abandoned under State law; and the requirements set forth in paragraph (1) mation; and ‘‘(II) by which individuals who disagree and this paragraph. ‘‘(II) shall not make public other informa- with an official finding of abuse or neglect ‘‘(3) LIMITATION.—With regard to clauses tion unless authorized by State statute. can appeal such finding; (v) and (vi) of paragraph (2)(A), nothing in ‘‘(ii) CIVIL SANCTIONS.—Each State that es- ‘‘(xii) provisions, procedures, and mecha- this section shall be construed as restricting tablishes a panel pursuant to paragraph (1) nisms to be effective not later than 2 years the ability of a State to refuse to disclose shall establish civil sanctions for a violation after the date of the enactment of this sec- identifying information concerning the indi- of clause (i). tion that assure that the State does not re- vidual initiating a report or complaint alleg- ‘‘(5) STATE ASSISTANCE.—Each State that quire reunification of a surviving child with ing suspected instances of child abuse or ne- establishes a panel pursuant to paragraph a parent who has been found by a court of glect, except that the State may not refuse (1)— competent jurisdiction— such a disclosure where a court orders such ‘‘(A) shall provide the panel access to in- ‘‘(I) to have committed murder (which disclosure after such court has reviewed, in formation on cases that the panel desires to would have been an offense under section camera, the record of the State related to review if such information is necessary for 1111(a) of title 18, United States Code, if the the report or complaint and has found it has the panel to carry out its functions under offense had occurred in the special maritime reason to believe that the reporter know- paragraph (4); and or territorial jurisdiction of the United ingly made a false report. ‘‘(B) shall provide the panel, upon its re- States) of another child of such parent; ‘‘(4) DEFINITIONS.—For purposes of this sub- quest, staff assistance for the performance of ‘‘(II) to have committed voluntary man- section— the duties of the panel. slaughter (which would have been an offense ‘‘(A) the term ‘near fatality’ means an act ‘‘(6) REPORTS.—Each panel established under section 1112(a) of title 18, United that, as certified by a physician, places the under paragraph (1) shall prepare and make States Code, if the offense had occurred in child in serious or critical condition; and available to the public, on an annual basis, a the special maritime or territorial jurisdic- ‘‘(B) the term ‘serious bodily injury’ means report containing a summary of the activi- tion of the United States) of another child of bodily injury which involves substantial risk ties of the panel. such parent; of death, extreme physical pain, protracted ‘‘(d) ANNUAL STATE DATA REPORTS.—Each ‘‘(III) to have aided or abetted, attempted, and obvious disfigurement, or protracted loss State to which a grant is made under this conspired, or solicited to commit such mur- or impairment of the function of a bodily section shall annually work with the Sec- der or voluntary manslaughter; or member, organ, or mental faculty. retary to provide, to the maximum extent ‘‘(IV) to have committed a felony assault ‘‘(c) CITIZEN REVIEW PANELS.— practicable, a report that includes the fol- that results in the serious bodily injury to ‘‘(1) ESTABLISHMENT.— lowing: the surviving child or another child of such ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) The number of children who were re- parent; and subparagraph (B), each State to which a ported to the State during the year as ‘‘(xiii) an assurance that, upon the imple- grant is made under this section shall estab- abused or neglected. mentation by the State of the provisions, lish not less than 3 citizen review panels. ‘‘(2) Of the number of children described in procedures, and mechanisms under clause ‘‘(B) EXCEPTIONS.— paragraph (1), the number with respect to (xii), conviction of any one of the felonies ‘‘(i) ESTABLISHMENT OF PANELS BY STATES whom such reports were— listed in clause (xii) constitute grounds RECEIVING MINIMUM ALLOTMENT.—A State ‘‘(A) substantiated; under State law for the termination of pa- that receives the minimum allotment of ‘‘(B) unsubstantiated; or H11144 CONGRESSIONAL RECORD — HOUSE September 25, 1996 ‘‘(C) determined to be false. taker, which results in death, serious phys- of the Child Abuse Prevention and Treat- ‘‘(3) Of the number of children described in ical or emotional harm, sexual abuse or ex- ment Act. paragraph (2)— ploitation, or an act or failure to act which (2) Section 107 of the Child Abuse Preven- ‘‘(A) the number that did not receive serv- presents an imminent risk of serious harm;’’; tion and Treatment Act (as redesignated) is ices during the year under the State program and amended— funded under this section or an equivalent (4) in paragraph (4)(B) (as redesignated), by (A) in subsection (a), by striking ‘‘acting State program; inserting ‘‘, and in cases of caretaker or through the Center and’’; ‘‘(B) the number that received services dur- inter-familial relationships, statutory rape’’ (B) in subsection (b)(1), by striking ‘‘sec- ing the year under the State program funded after ‘‘rape’’. tions’’ and inserting ‘‘section’’; under this section or an equivalent State SEC. 111. AUTHORIZATION OF APPROPRIATIONS. (C) in subsection (c)(1)— program; and Section 114(a) of the Child Abuse Preven- (i) in the matter preceding subparagraph ‘‘(C) the number that were removed from tion and Treatment Act (42 U.S.C. 5106h(a)) (A), by inserting a comma after ‘‘maintain’’; their families during the year by disposition is amended to read as follows: and of the case. ‘‘(a) IN GENERAL.— (ii) in subparagraph (F), by adding a semi- ‘‘(4) The number of families that received ‘‘(1) GENERAL AUTHORIZATION.—There are colon at the end; and preventive services from the State during authorized to be appropriated to carry out (D) in subsection (d)(1), by adding ‘‘and’’ at the year. this title, $100,000,000 for fiscal year 1997, and the end. ‘‘(5) The number of deaths in the State dur- such sums as may be necessary for each of (3) Section 110(b) of the Child Abuse Pre- ing the year resulting from child abuse or the fiscal years 1998 through 2001. vention and Treatment Act (as redesignated) neglect. ‘‘(2) DISCRETIONARY ACTIVITIES.— is amended by striking ‘‘effectiveness of—’’ ‘‘(6) Of the number of children described in ‘‘(A) IN GENERAL.—Of the amounts appro- and all that follows and inserting ‘‘effective- paragraph (5), the number of such children priated for a fiscal year under paragraph (1), ness of assisted programs in achieving the who were in foster care. the Secretary shall make available 30 per- objectives of section 107.’’. ‘‘(7) The number of child protective serv- cent of such amounts to fund discretionary (b) VICTIMS OF CRIME ACT OF 1984.—Section ices workers responsible for the intake and activities under this title. 1404A of the Victims of Crime Act of 1984 (42 screening of reports filed in the previous ‘‘(B) DEMONSTRATION PROJECTS.—Of the U.S.C. 10603a) is amended— year. amounts made available for a fiscal year (1) by striking ‘‘1402(d)(2)(D) and (d)(3).’’ ‘‘(8) The agency response time with respect under subparagraph (A), the Secretary make and inserting ‘‘1402(d)(2)’’; and to each such report with respect to initial in- available not more than 40 percent of such (2) by striking ‘‘section 4(d)’’ and inserting vestigation of reports of child abuse or ne- amounts to carry out section 106.’’. ‘‘section 109’’. glect. SEC. 112. RULE OF CONSTRUCTION. Subtitle B—Community-Based Family ‘‘(9) The response time with respect to the Title I of the Child Abuse Prevention and Resource and Support Grants provision of services to families and children Treatment Act (42 U.S.C. 5101 et seq.) is SEC. 121. ESTABLISHMENT OF PROGRAM. where an allegation of abuse or neglect has amended by adding at the end the following Title II of the Child Abuse Prevention and been made. new section: Treatment Act (42 U.S.C. 5116 et seq.) is ‘‘(10) The number of child protective serv- ‘‘SEC. 115. RULE OF CONSTRUCTION. amended to read as follows: ices workers responsible for intake, assess- ‘‘(a) IN GENERAL.—Nothing in this Act ‘‘TITLE II—COMMUNITY-BASED FAMILY ment, and investigation of child abuse and shall be construed— RESOURCE AND SUPPORT GRANTS neglect reports relative to the number of re- ‘‘(1) as establishing a Federal requirement ‘‘SEC. 201. PURPOSE AND AUTHORITY. ports investigated in the previous year. that a parent or legal guardian provide a ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(11) The number of children reunited with child any medical service or treatment title— their families or receiving family preserva- against the religious beliefs of the parent or ‘‘(1) to support State efforts to develop, op- tion services that, within five years, result legal guardian; and erate, expand and enhance a network of com- in subsequent substantiated reports of child ‘‘(2) to require that a State find, or to pro- munity-based, prevention-focused, family re- abuse and neglect, including the death of the hibit a State from finding, abuse or neglect source and support programs that coordinate child. in cases in which a parent or legal guardian resources among existing education, voca- ‘‘(12) The number of children for whom in- relies solely or partially upon spiritual tional rehabilitation, disability, respite care, dividuals were appointed by the court to rep- means rather than medical treatment, in ac- health, mental health, job readiness, self-suf- resent the best interests of such children and cordance with the religious beliefs of the ficiency, child and family development, com- the average number of out of court contacts parent or legal guardian. munity action, Head Start, child care, child between such individuals and children. ‘‘(b) STATE REQUIREMENT.—Notwithstand- abuse and neglect prevention, juvenile jus- ‘‘(e) ANNUAL REPORT BY THE SECRETARY.— ing subsection (a), a State shall, at a mini- tice, domestic violence prevention and inter- Within 6 months after receiving the State re- mum, have in place authority under State vention, housing, and other human service ports under subsection (i), the Secretary law to permit the child protective services organizations within the State; and shall prepare a report based on information system of the State to pursue any legal rem- ‘‘(2) to foster an understanding, apprecia- provided by the States for the fiscal year edies, including the authority to initiate tion, and knowledge of diverse populations in under such subsection and shall make the re- legal proceedings in a court of competent ju- order to be effective in preventing and treat- port and such information available to the risdiction, to provide medical care or treat- ing child abuse and neglect. Congress and the national clearinghouse for ment for a child when such care or treat- ‘‘(b) AUTHORITY.—The Secretary shall information relating to child abuse.’’. ment is necessary to prevent or remedy seri- make grants under this title on a formula SEC. 108. REPEAL. ous harm to the child, or to prevent the basis to the entity designated by the State Section 108 of the Child Abuse Prevention withholding of medically indicated treat- as the lead entity (hereafter referred to in and Treatment Act (42 U.S.C. 5106b) is re- ment from children with life threatening this title as the ‘lead entity’) under section pealed. conditions. Except with respect to the with- 202(1) for the purpose of— SEC. 109. MISCELLANEOUS REQUIREMENTS. holding of medically indicated treatments ‘‘(1) developing, operating, expanding and Section 110 of the Child Abuse Prevention from disabled infants with life threatening enhancing Statewide networks of commu- and Treatment Act (42 U.S.C. 5106d) is conditions, case by case determinations con- nity-based, prevention-focused, family re- amended— cerning the exercise of the authority of this source and support programs that— (1) by striking subsection (c); and subsection shall be within the sole discretion ‘‘(A) offer assistance to families; (2) by redesignating subsection (d) as sub- of the State.’’. ‘‘(B) provide early, comprehensive support section (c). SEC. 113. TECHNICAL AND CONFORMING AMEND- for parents; SEC. 110. DEFINITIONS. MENTS. ‘‘(C) promote the development of parenting Section 113 of the Child Abuse Prevention (a) CHILD ABUSE PREVENTION AND TREAT- skills, especially in young parents and par- and Treatment Act (42 U.S.C. 5106h) is MENT ACT.— ents with very young children; amended— (1)(A) Sections 104 through 107 of the Child ‘‘(D) increase family stability; (1) by striking paragraphs (1), (2), (5), and Abuse Prevention and Treatment Act (42 ‘‘(E) improve family access to other formal (9); U.S.C. 5104 through 5106a), as amended by and informal resources and opportunities for (2)(A) by redesignating paragraphs (3), (4), this subtitle, are redesignated as sections 103 assistance available within communities; and (6) through (8) as paragraphs (1) through through 106 of such Act, respectively. ‘‘(F) support the additional needs of fami- (5), respectively; and (B) Sections 109 through 114 of the Child lies with children with disabilities through (B) by redesignating paragraph (10) as Abuse Prevention and Treatment Act (42 respite care and other services; and paragraph (6); U.S.C 5106c through 5106h), as amended by ‘‘(G) decrease the risk of homelessness; (3) in paragraph (2) (as redesignated), to this subtitle, are redesignated as sections 107 ‘‘(2) fostering the development of a contin- read as follows: through 112 of such Act, respectively. uum of preventive services for children and ‘‘(2) the term ‘child abuse and neglect’ (C) Section 115 of the Child Abuse Preven- families through State and community- means, at a minimum, any recent act or fail- tion and Treatment Act, as added by section based collaborations and partnerships both ure to act on the part of a parent or care- 112 of this Act, is redesignated as section 113 public and private; September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11145 ‘‘(3) financing the start-up, maintenance, local, collaborative, public-private partner- Federal sources and directed through the expansion, or redesign of specific family re- ships directed by interdisciplinary structures lead agency of such States in the preceding source and support program services (such as with balanced representation from private fiscal year. respite care services, child abuse and neglect and public sector members, parents, and pub- ‘‘(2) ADDITIONAL REQUIREMENT.—The Sec- prevention activities, disability services, lic and private nonprofit service providers retary shall provide allotments under para- mental health services, housing services, and individuals and organizations experi- graph (1) to the State lead entity. transportation, adult education, home visit- enced in working in partnership with fami- ‘‘(c) ALLOCATION.—Funds allotted to a ing and other similar services) identified by lies with children with disabilities; State under this section— the inventory and description of current ‘‘(B) direction to the network through an ‘‘(1) shall be for a 3-year period; and services required under section 205(a)(3) as an interdisciplinary, collaborative, public-pri- ‘‘(2) shall be provided by the Secretary to unmet need, and integrated with the net- vate structure with balanced representation the State on an annual basis, as described in work of community-based family resource from private and public sector members, par- subsection (a). and support program to the extent prac- ents, and public sector and private nonprofit ‘‘SEC. 204. EXISTING GRANTS. ticable given funding levels and community sector service providers; and ‘‘(a) IN GENERAL.—Notwithstanding the en- priorities; ‘‘(C) direction and oversight to the net- actment of the Child Abuse Prevention and ‘‘(4) maximizing funding for the financing, work through identified goals and objectives, Treatment Act Amendments of 1996, a State planning, community mobilization, collabo- clear lines of communication and account- or entity that has a grant, contract, or coop- ration, assessment, information and referral, ability, the provision of leveraged or com- erative agreement in effect, on the date of startup, training and technical assistance, bined funding from Federal, State and pri- the enactment of such Act under any pro- information management, reporting and vate sources, centralized assessment and gram described in subsection (b), shall con- evaluation costs for establishing, operating, planning activities, the provision of training tinue to receive funds under such program, or expanding a Statewide network of com- and technical assistance, and reporting and subject to the original terms under which munity-based, prevention-focused, family re- evaluation functions; and such funds were provided under the grant, source and support program; and ‘‘(3) the chief executive officer of the State through the end of the applicable grant ‘‘(5) financing public information activities provides assurances that the lead entity— cycle. that focus on the healthy and positive devel- ‘‘(A) has a demonstrated commitment to ‘‘(b) PROGRAMS DESCRIBED.—The programs opment of parents and children and the pro- parental participation in the development, described in this subsection are the follow- motion of child abuse and neglect prevention operation, and oversight of the Statewide ing: activities. network of community-based, prevention-fo- ‘‘(1) The Community-Based Family Re- ‘‘SEC. 202. ELIGIBILITY. cused, family resource and support pro- source programs under section 201 of this ‘‘A State shall be eligible for a grant under grams; Act, as such section was in effect on the day this title for a fiscal year if— ‘‘(B) has a demonstrated ability to work before the date of the enactment of the Child ‘‘(1)(A) the chief executive officer of the with State and community-based public and Abuse Prevention and Treatment Act State has designated a lead entity to admin- private nonprofit organizations to develop a Amendments of 1996. ister funds under this title for the purposes continuum of preventive, family centered, ‘‘(2) The Family Support Center programs identified under the authority of this title, comprehensive services for children and fam- under subtitle F of title VII of the Stewart including to develop, implement, operate, ilies through the Statewide network of com- B. McKinney Homeless Assistance Act (42 enhance or expand a Statewide network of munity-based, prevention-focused, family re- U.S.C. 11481 et seq.), as such title was in ef- community-based, prevention-focused, fam- source and support programs; fect on the day before the date of the enact- ily resource and support programs, child ‘‘(C) has the capacity to provide oper- ment of the Child Abuse Prevention and abuse and neglect prevention activities and ational support (both financial and pro- Treatment Act Amendments of 1996. access to respite care services integrated grammatic) and training and technical as- ‘‘(3) The Emergency Child Abuse Preven- with the Statewide network; sistance, to the Statewide network of com- tion Services grant program under section ‘‘(B) such lead entity is an existing public, munity-based, prevention-focused, family re- quasi-public, or nonprofit private entity 107A of this Act, as such section was in effect source and support programs, through inno- (which may be an entity that has not been on the day before the date of the enactment vative, interagency funding and inter- established pursuant to State legislation, ex- of the Human Services Amendments of 1994. disciplinary service delivery mechanisms; ecutive order, or any other written authority ‘‘(4) Programs under the Temporary Child and of the State) with a demonstrated ability to Care for Children With Disabilities and Cri- ‘‘(D) will integrate its efforts with individ- work with other State and community-based sis Nurseries Act of 1986. agencies to provide training and technical uals and organizations experienced in work- ‘‘SEC. 205. APPLICATION. assistance, and that has the capacity and ing in partnership with families with chil- ‘‘A grant may not be made to a State commitment to ensure the meaningful in- dren with disabilities and with the child under this title unless an application there- volvement of parents who are consumers and abuse and neglect prevention activities of fore is submitted by the State to the Sec- who can provide leadership in the planning, the State, and demonstrate a financial com- retary and such application contains the implementation, and evaluation of programs mitment to those activities. types of information specified by the Sec- and policy decisions of the applicant agency ‘‘SEC. 203. AMOUNT OF GRANT. retary as essential to carrying out the provi- in accomplishing the desired outcomes for ‘‘(a) RESERVATION.—The Secretary shall re- sions of section 202, including— such efforts; serve 1 percent of the amount appropriated ‘‘(1) a description of the lead entity that ‘‘(C) in determining which entity to des- under section 210 for a fiscal year to make will be responsible for the administration of ignate under subparagraph (A), the chief ex- allotments to Indian tribes and tribal orga- funds provided under this title and the over- ecutive officer should give priority consider- nizations and migrant programs. sight of programs funded through the State- ation equally to a trust fund advisory board ‘‘(b) REMAINING AMOUNTS.— wide network of community-based, preven- of the State or to an existing entity that ‘‘(1) IN GENERAL.—The Secretary shall allot tion-focused, family resource and support leverages Federal, State, and private funds the amount appropriated under section 210 programs which meets the requirements of for a broad range of child abuse and neglect for a fiscal year and remaining after the res- section 202; prevention activities and family resource ervation under subsection (a) among the ‘‘(2) a description of how the network of programs, and that is directed by an inter- States as follows: community-based, prevention-focused, fam- disciplinary, public-private structure, in- ‘‘(A) 70 percent of such amount appro- ily resource and support programs will oper- cluding participants from communities; and priated shall be allotted among the States by ate and how family resource and support ‘‘(D) in the case of a State that has des- allotting to each State an amount that bears services provided by public and private, non- ignated a State trust fund advisory board for the same proportion to such amount appro- profit organizations, including those funded purposes of administering funds under this priated as the number of children under the by programs consolidated under this Act, title (as such title was in effect on the date age of 18 residing in the State bears to the will be integrated into a developing contin- of the enactment of the Child Abuse Preven- total number of children under the age of 18 uum of family centered, holistic, preventive tion and Treatment Act Amendments of 1996) residing in all States (except that no State services for children and families; and in which one or more entities that lever- shall receive less than $175,000 under this ‘‘(3) an assurance that an inventory of cur- age Federal, State, and private funds (as de- subparagraph). rent family resource programs, respite care, scribed in subparagraph (C)) exist, the chief ‘‘(B) 30 percent of such amount appro- child abuse and neglect prevention activi- executive officer shall designate the lead en- priated shall be allotted among the States by ties, and other family resource services oper- tity only after full consideration of the ca- allotting to each State an amount that bears ating in the State, and a description of cur- pacity and expertise of all entities desiring the same proportion to such amount appro- rent unmet needs, will be provided; to be designated under subparagraph (A); priated as the amount leveraged by the State ‘‘(4) a budget for the development, oper- ‘‘(2) the chief executive officer of the State from private, State, or other non-Federal ation and expansion of the State’s network provides assurances that the lead entity will sources and directed through the State lead of community-based, prevention-focused, provide or will be responsible for providing— agency in the preceding fiscal year bears to family resource and support programs that ‘‘(A) a network of community-based family the aggregate of the amounts leveraged by verifies that the State will expend in non- resource and support programs composed of all States from private, State, or other non- Federal funds an amount equal to not less H11146 CONGRESSIONAL RECORD — HOUSE September 25, 1996 than 20 percent of the amount received under ing a child or relinquishing their child for ‘‘(8) shall demonstrate an implementation this title (in cash, not in-kind) for activities adoption; plan to ensure the continued leadership of under this title; ‘‘(ii) child care, early childhood develop- parents in the on-going planning, implemen- ‘‘(5) an assurance that funds received under ment and intervention services; tation, and evaluation of such community this title will supplement, not supplant, ‘‘(iii) referral to services and supports to based, prevention-focused, family resource other State and local public funds designated meet the additional needs of families with and support programs. for the Statewide network of community- children with disabilities; ‘‘SEC. 208. NATIONAL NETWORK FOR COMMU- based, prevention-focused, family resource ‘‘(iv) referral to job readiness services; NITY-BASED FAMILY RESOURCE and support programs; ‘‘(v) referral to educational services, such PROGRAMS. ‘‘(6) an assurance that the State has the as scholastic tutoring, literacy training, and ‘‘The Secretary may allocate such sums as capacity to ensure the meaningful involve- General Educational Degree services; may be necessary from the amount provided ment of parents who are consumers and who ‘‘(vi) self-sufficiency and life management under the State allotment to support the ac- can provide leadership in the planning, im- skills training; tivities of the lead entity in the State— plementation, and evaluation of the pro- ‘‘(vii) community referral services, includ- ‘‘(1) to create, operate and maintain a peer grams and policy decisions of the applicant ing early developmental screening of chil- review process; agency in accomplishing the desired out- dren; and ‘‘(2) to create, operate and maintain an in- comes for such efforts; ‘‘(viii) peer counseling; formation clearinghouse; ‘‘(7) a description of the criteria that the ‘‘(4) develop leadership roles for the mean- ‘‘(3) to fund a yearly symposium on State system change efforts that result from the entity will use to develop, or select and fund, ingful involvement of parents in the develop- operation of the Statewide networks of com- individual community-based, prevention-fo- ment, operation, evaluation, and oversight of munity-based, prevention-focused, family re- cused, family resource and support programs the programs and services; source and support programs; as part of network development, expansion ‘‘(5) provide leadership in mobilizing local ‘‘(4) to create, operate and maintain a com- or enhancement; public and private resources to support the puterized communication system between ‘‘(8) a description of outreach activities provision of needed family resource and sup- lead entities; and that the entity and the community-based, port program services; and ‘‘(5) to fund State-to-State technical as- prevention-focused, family resource and sup- ‘‘(6) participate with other community- sistance through bi-annual conferences. port programs will undertake to maximize based, prevention-focused, family resource the participation of racial and ethnic mi- and support program grantees in the devel- ‘‘SEC. 209. DEFINITIONS. ‘‘For purposes of this title: norities, children and adults with disabil- opment, operation and expansion of the ‘‘(1) CHILDREN WITH DISABILITIES.—The ities, homeless families and those at risk of Statewide network. ‘‘(b) PRIORITY.—In awarding local grants term ‘children with disabilities’ has the homelessness, and members of other under- under this title, a lead entity shall give pri- same meaning given such term in section served or underrepresented groups; ority to effective community-based pro- 602(a)(2) of the Individuals with Disabilities ‘‘(9) a plan for providing operational sup- grams serving low income communities and Education Act. port, training and technical assistance to those serving young parents or parents with ‘‘(2) COMMUNITY REFERRAL SERVICES.—The community-based, prevention-focused, fam- young children, including community-based term ‘community referral services’ means ily resource and support programs for devel- family resource and support programs. services provided under contract or through opment, operation, expansion and enhance- ‘‘SEC. 207. PERFORMANCE MEASURES. interagency agreements to assist families in ment activities; ‘‘A State receiving a grant under this title, obtaining needed information, mutual sup- ‘‘(10) a description of how the applicant en- through reports provided to the Secretary— port and community resources, including tity’s activities and those of the network ‘‘(1) shall demonstrate the effective devel- respite care services, health and mental and its members will be evaluated; opment, operation and expansion of a State- health services, employability development ‘‘(11) a description of the actions that the wide network of community-based, preven- and job training, and other social services, applicant entity will take to advocate sys- tion-focused, family resource and support including early developmental screening of temic changes in State policies, practices, programs that meets the requirements of children, through help lines or other meth- procedures and regulations to improve the this title; ods. delivery of prevention-focused, family re- ‘‘(2) shall supply an inventory and descrip- ‘‘(3) FAMILY RESOURCE AND SUPPORT PRO- source and support program services to chil- tion of the services provided to families by GRAM.—The term ‘family resource and sup- dren and families; and local programs that meet identified commu- port program’ means a community-based, ‘‘(13) an assurance that the applicant en- nity needs, including core and optional serv- prevention-focused entity that— tity will provide the Secretary with reports ices as described in section 202; ‘‘(A) provides, through direct service, the at such time and containing such informa- ‘‘(3) shall demonstrate the establishment core services required under this title, in- tion as the Secretary may require. of new respite care and other specific new cluding— ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS. family resources services, and the expansion ‘‘(i) parent education, support and leader- ‘‘(a) IN GENERAL.—Grants made under this of existing services, to address unmet needs ship services, together with services charac- title shall be used to develop, implement, op- identified by the inventory and description terized by relationships between parents and erate, expand and enhance community-based, of current services required under section professionals that are based on equality and prevention-focused, family resource and sup- 205(3); respect, and designed to assist parents in ac- port programs that— ‘‘(4) shall describe the number of families quiring parenting skills, learning about child ‘‘(1) assess community assets and needs served, including families with children with development, and responding appropriately through a planning process that involves disabilities, and the involvement of a diverse to the behavior of their children; parents and local public agencies, local non- representation of families in the design, op- ‘‘(ii) services to facilitate the ability of profit organizations, and private sector rep- eration, and evaluation of the Statewide net- parents to serve as resources to one another resentatives; work of community-based, prevention-fo- (such as through mutual support and parent ‘‘(2) develop a strategy to provide, over cused, family resource and support pro- self-help groups); time, a continuum of preventive, family cen- grams, and in the design, operation and eval- ‘‘(iii) outreach services provided through tered services to children and families, espe- uation of the individual community-based voluntary home visits and other methods to cially to young parents and parents with family resource and support programs that assist parents in becoming aware of and able young children, through public-private part- are part of the Statewide network funded to participate in family resources and sup- nerships; under this title; port program activities; ‘‘(3) provide— ‘‘(5) shall demonstrate a high level of satis- ‘‘(iv) community and social services to as- ‘‘(A) core family resource and support serv- faction among families who have used the sist families in obtaining community re- ices such as— services of the community-based, preven- sources; and ‘‘(i) parent education, mutual support and tion-focused, family resource and support ‘‘(v) follow-up services; self help, and leadership services; programs; ‘‘(B) provides, or arranges for the provision ‘‘(ii) outreach services; ‘‘(6) shall demonstrate the establishment of, other core services through contracts or ‘‘(iii) community and social service refer- or maintenance of innovative funding mech- agreements with other local agencies, in- rals; and anisms, at the State or community level, cluding all forms of respite care services; and ‘‘(iv) follow-up services; that blend Federal, State, local and private ‘‘(C) provides access to optional services, ‘‘(B) other core services, which must be funds, and innovative, interdisciplinary serv- directly or by contract, purchase of service, provided or arranged for through contracts ice delivery mechanisms, for the develop- or interagency agreement, including— or agreements with other local agencies, in- ment, operation, expansion and enhancement ‘‘(i) child care, early childhood develop- cluding all forms of respite care services to of the Statewide network of community- ment and early intervention services; the extent practicable; and based, prevention-focused, family resource ‘‘(ii) referral to self-sufficiency and life ‘‘(C) access to optional services, includ- and support programs; management skills training; ing— ‘‘(7) shall describe the results of a peer re- ‘‘(iii) referral to education services, such ‘‘(i) referral to and counseling for adoption view process conducted under the State pro- as scholastic tutoring, literacy training, and services for individuals interested in adopt- gram; and General Educational Degree services; September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11147 ‘‘(iv) referral to services providing job ‘‘Sec. 202. Eligibility. glect or abuse, or have a physical, mental, or readiness skills; ‘‘Sec. 203. Amount of grant. emotional disability; and ‘‘(v) child abuse and neglect prevention ac- ‘‘Sec. 204. Existing grants. ‘‘(C) while the children are of all races, tivities; ‘‘Sec. 205. Application. children of color and older children (over the ‘‘(vi) referral to services that families with ‘‘Sec. 206. Local program requirements. age of 10) are over represented in such children with disabilities or special needs ‘‘Sec. 207. Performance measures. group;’’; and may require; ‘‘Sec. 208. National network for community- (2) in subsection (b)— ‘‘(vii) community and social service refer- based family resource pro- (A) by striking ‘‘conditions, by—’’ and all ral, including early developmental screening grams. that follows through ‘‘Department of Health of children; ‘‘Sec. 209. Definitions. and Human Services to—’’ and inserting ‘‘(viii) peer counseling; ‘‘Sec. 210. Authorization of appropriations. ‘‘conditions, by providing a mechanism to— ‘‘(ix) referral for substance abuse counsel- SEC. 142. REPEALS OF OTHER LAWS. ’’; and ing and treatment; and (a) TEMPORARY CHILD CARE FOR CHILDREN (B) by redesignating subparagraphs (A) ‘‘(x) help line services. WITH DISABILITIES AND CRISIS NURSERIES ACT through (C) of paragraph (2), as paragraphs ‘‘(4) OUTREACH SERVICES.—The term ‘out- OF 1986.—The Temporary Child Care for Chil- (1) through (3), respectively, and by realign- reach services’ means services provided to dren With Disabilities and Crisis Nurseries ing the margins of such paragraphs accord- assist consumers, through voluntary home Act of 1986 (42 U.S.C. 5117 et seq.) is repealed. ingly. visits or other methods, in accessing and (b) FAMILY SUPPORT CENTERS.—Subtitle F SEC. 212. INFORMATION AND SERVICES. participating in family resource and support of title VII of the Stewart B. McKinney Section 203 of the Child Abuse Prevention program activities. Homeless Assistance Act (42 U.S.C. 11481 et and Treatment and Adoption Reform Act of ‘‘(5) RESPITE CARE SERVICES.—The term seq.) is repealed. 1978 (42 U.S.C. 5113) is amended— ‘respite care services’ means short term care TITLE II—AMENDMENTS TO OTHER ACTS (1) in subsection (a), by striking the last services provided in the temporary absence Subtitle A—Family Violence Prevention and sentence; (2) in subsection (b)— of the regular caregiver (parent, other rel- Services Act ative, foster parent, adoptive parent, or (A) in paragraph (6), to read as follows: SEC. 201. STATE DEMONSTRATION GRANTS. guardian) to children who— ‘‘(6) study the nature, scope, and effects of Section 303(e) of the Family Violence Pre- ‘‘(A) are in danger of abuse or neglect; the placement of children in kinship care ar- vention and Services Act (42 U.S.C. 10420(e)) ‘‘(B) have experienced abuse or neglect; or rangements, pre-adoptive, or adoptive is amended— ‘‘(C) have disabilities, chronic, or terminal homes;’’; (1) by striking ‘‘following local share’’ and illnesses. (B) by redesignating paragraphs (7) inserting ‘‘following non-Federal matching through (9) as paragraphs (8) through (10), re- Such services shall be provided within or local share’’; and spectively; and outside the home of the child, be short-term (2) by striking ‘‘20 percent’’ and all that (C) by inserting after paragraph (6), the fol- care (ranging from a few hours to a few follows through ‘‘private sources.’’ and in- lowing new paragraph: weeks of time, per year), and be intended to serting ‘‘with respect to an entity operating ‘‘(7) study the efficacy of States contract- enable the family to stay together and to an existing program under this title, not less ing with public or private nonprofit agencies keep the child living in the home and com- than 20 percent, and with respect to an en- (including community-based and other orga- munity of the child. tity intending to operate a new program nizations), or sectarian institutions for the ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. under this title, not less than 35 percent.’’. recruitment of potential adoptive and foster ‘‘There are authorized to be appropriated SEC. 202. ALLOTMENTS. families and to provide assistance in the to carry out this title, $66,000,000 for fiscal Section 304(a)(1) of the Family Violence placement of children for adoption;’’; and year 1997 and such sums as may be necessary Prevention and Services Act (42 U.S.C. (3) in subsection (d)(2)— for each of the fiscal years 1998 through 10403(a)(1)) is amended by striking ‘‘$200,000’’ (A) by striking ‘‘Each’’ and inserting ‘‘(A) 2001.’’. and inserting ‘‘$400,000’’. Each’’; Subtitle C—Certain Preventive Services Re- SEC. 203. AUTHORIZATION OF APPROPRIATIONS. (B) by striking ‘‘for each fiscal year’’ and garding Children of Homeless Families or Section 310 of the Family Violence Preven- inserting ‘‘that describes the manner in Families At Risk of Homelessness tion and Services Act (42 U.S.C. 10409) is which the State will use funds during the 3- SEC. 131. REPEAL OF TITLE III. amended— fiscal years subsequent to the date of the ap- Title III of the Child Abuse Prevention and (1) in subsection (b), by striking ‘‘80’’ and plication to accomplish the purposes of this Treatment Act (42 U.S.C. 5118 et seq.) is re- inserting ‘‘70’’; and section. Such application shall be’’; and pealed. (2) by adding at the end thereof the follow- (C) by adding at the end the following new Subtitle D—Miscellaneous Provisions ing new subsections: subparagraph: ‘‘(B) The Secretary shall provide, directly ‘‘(d) GRANTS FOR STATE COALITIONS.—Of SEC. 141. TABLE OF CONTENTS. or by grant to or contract with public or pri- The table of contents of the Child Abuse the amounts appropriated under subsection vate nonprofit agencies or organizations— Prevention and Treatment Act (42 U.S.C. (a) for each fiscal year, not less than 10 per- ‘‘(i) technical assistance and resource and 5101 note) is amended to read as follows: cent of such amounts shall be used by the referral information to assist State or local Secretary for making grants under section ‘‘Sec. 1. Short title and table of contents. governments with termination of parental 311. ‘‘Sec. 2. Findings. rights issues, in recruiting and retaining ‘‘(e) NON-SUPPLANTING REQUIREMENT.—Fed- ‘‘TITLE I—GENERAL PROGRAM adoptive families, in the successful place- eral funds made available to a State under ‘‘Sec. 101. Office on Child Abuse and Neglect. ment of children with special needs, and in this title shall be used to supplement and ‘‘Sec. 102. Advisory Board on Child Abuse the provision of pre- and post-placement and Neglect. not supplant other Federal, State, and local services, including post-legal adoption serv- ‘‘Sec. 103. National clearinghouse for infor- public funds expended to provide services ices; and mation relating to child abuse. and activities that promote the purposes of ‘‘(ii) other assistance to help State and ‘‘Sec. 104. Research and assistance activi- this title.’’. local governments replicate successful adop- ties. Subtitle B—Child Abuse Prevention and tion-related projects from other areas in the ‘‘Sec. 105. Grants to public agencies and Treatment and Adoption Reform Act of United States.’’. nonprofit private organizations 1978 (‘‘Adoption Opportunities Act’’) SEC. 213. AUTHORIZATION OF APPROPRIATIONS. for demonstration programs SEC. 211. FINDINGS AND PURPOSE. Section 205 of the Child Abuse Prevention and projects. and Treatment and Adoption Reform Act of ‘‘Sec. 106. Grants to States for child abuse Section 201 of the Child Abuse Prevention 1978 (42 U.S.C. 5115) is amended— and neglect prevention and and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended— (1) in subsection (a), by striking treatment programs. ‘‘$10,000,000’’ and all that follows through ‘‘Sec. 107. Grants to States for programs re- (1) in subsection (a)— ‘‘203(c)(1)’’ and inserting ‘‘$20,000,000 for fis- lating to the investigation and (A) in paragraph (1)— cal year 1997, and such sums as may be nec- prosecution of child abuse and (i) by striking ‘‘50 percent between 1985 and essary for each of the fiscal years 1998 neglect cases. 1990’’ and inserting ‘‘61 percent between 1986 ‘‘Sec. 108. Miscellaneous requirements relat- and 1994’’; and through 2001 to carry out programs and ac- tivities authorized’’; ing to assistance. (ii) by striking ‘‘400,000 children at the end ‘‘Sec. 109. Coordination of child abuse and of June, 1990’’ and inserting ‘‘452,000 as of (2) by striking subsection (b); and neglect programs. June 1994’’; (3) by redesignating subsection (c) as sub- ‘‘Sec. 110. Reports. (B) in paragraph (5), by striking ‘‘local’’ section (b). ‘‘Sec. 111. Definitions. and inserting ‘‘legal’’; and Subtitle C—Abandoned Infants Assistance ‘‘Sec. 112. Authorization of appropriations. (C) in paragraph (7), to read as follows: Act of 1988 ‘‘Sec. 113. Rule of construction. ‘‘(7)(A) currently, 40,000 children are free SEC. 221. PRIORITY REQUIREMENT. ‘‘TITLE II—COMMUNITY-BASED FAMILY for adoption and awaiting placement; Section 101 of the Abandoned Infants As- RESOURCE AND SUPPORT GRANTS ‘‘(B) such children are typically school sistance Act of 1988 (42 U.S.C. 670 note) is ‘‘Sec. 201. Purpose and authority. aged, in sibling groups, have experienced ne- amended by adding at the end the following: H11148 CONGRESSIONAL RECORD — HOUSE September 25, 1996 ‘‘(h) PRIORITY REQUIREMENT.—In making ities for projects which have been in- to respond better to cases of abuse and grants under subsection (a), the Secretary strumental in identifying the most suc- neglect; and we must emphasize that shall give priority to applicants located in cessful strategies to preventing, identi- preventing and curbing the incidence of States that have developed and implemented fying and responding to child abuse and child abuse begins, not at the Federal procedures for expedited termination of pa- rental rights and placement for adoption of neglect. level, but instead within our very own infants determined to be abandoned under Yet, despite the best efforts of the communities and neighborhoods. State law.’’. CAPTA Program, the fact is the inci- The amendments to CAPTA, as SEC. 222. REAUTHORIZATION. dence of child abuse and neglect con- unanimously passed in the Senate in Section 104(a)(1) of the Abandoned Infants tinues to rise. In the ‘‘Third National July, continue this mission—while Assistance Act of 1988 (42 U.S.C. 670 note) is Incidence Study of Child Abuse and Ne- making much needed improvements. amended by striking ‘‘$20,000,000’’ and all glect,’’ released last week, we learn These changes include: that follows and inserting ‘‘$35,000,000 for fis- that child abuse and neglect nearly Simplifying and streamlining the ad- cal year 1997 and such sums as may be nec- doubled in the United States from 1.4 ministration of the CAPTA program at essary for each of the fiscal years 1998 million cases in 1986 to 2.8 million in the Federal, State and local level; through 2001.’’. 1993. While I recognize there is some Restructuring and consolidating var- Subtitle D—Reauthorization of Various controversy in these numbers, there is ious research functions into a single Programs no question this Nation faces a serious coordinated effort, thereby improving SEC. 231. MISSING CHILDREN’S ASSISTANCE ACT. crisis. Clearly this issue needs to be the dissemination of critical informa- (a) AUTHORIZATION OF APPROPRIATIONS.— Section 408 of the Missing Children’s Assist- properly addressed. tion on child abuse and successful ance Act (42 U.S.C. 5777) is amended— Beyond the issue of child abuse is methods to prevent it, to States, local (1) by striking ‘‘To’’ and inserting ‘‘(a) IN that of child fatalities. A report issued government and communities; GENERAL.—To’’ last year found that over 2,000 children Placing an increased and significant (2) by striking ‘‘1993, 1994, 1995, and 1996’’ die at the hands of their own parents emphasis on local innovation and ex- and inserting ‘‘1997 through 2001’’; and every year, while almost 150,000 chil- perimentation. (3) by adding at the end the following new dren are seriously injured. Buried in Ensuring that persons who mali- subsection: the statistics of such studies are the ciously file reports of abuse or neglect ‘‘(b) EVALUATION.—The Administrator may use not more than 5 percent of the amount very real and horrific stories of chil- will no longer be protected by CAPTA’s appropriated for a fiscal year under sub- dren like Nadine Lockwood, a 4-year- immunity for reporting. Only good section (a) to conduct an evaluation of the old girl from New York City, who just faith reports will be protected; and effectiveness of the programs and activities weeks ago was found to have been Clarifying the definition of child established and operated under this title.’’. starved to death in her own bedroom abuse or neglect to provide additional (b) SPECIAL STUDY AND REPORT.—Section by her own mother. Tragically, stories guidance and clarification to States as 409 of the Missing Children’s Assistance Act such as hers are all too common. they endeavor to protect children from (42 U.S.C. 5778) is repealed. Furthermore the tragedy of child abuse and neglect. SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990. abuse is not solely reflected in statis- The House amendment to S. 919, be- Section 214B of the Victims of Child Abuse fore us today, maintains these impor- Act of 1990 (42 U.S.C. 13004) is amended— tical data. Too often abused children (1) in subsection (a)(2), by striking ‘‘and are left emotionally scarred, find tant changes by the Senate and further 1996’’ and inserting ‘‘1996, and each of the fis- themselves unable to cope in school improves upon the Senate bill by mak- cal years 1997 through 2000’’; and and in employment, and worse yet, ing significant additional changes. (2) in subsection (b)(2), by striking ‘‘and carry their abuse on to their own chil- These House changes, which are sup- 1996’’ and inserting ‘‘1996, and each of the fis- dren and future generations. This vi- ported by the Senate, coupled with the cal years 1997 through 2000’’. cious cycle must end. initial improvements in the Senate bill The SPEAKER pro tempore. Pursu- At the same time we find an increas- will further assist abused and neglected ant to the rule, the gentleman from ing number of children who are seri- children. Under these changes: Pennsylvania [Mr. GOODLING] and the ously abused, there is also a significant No longer will infants who have been gentleman from Michigan [Mr. KILDEE] problem related to unsubstantiated re- abandoned by their parents in hospitals each will control 20 minutes. ports of child abuse due to insufficient or back alleys be denied the oppor- The Chair recognizes the gentleman evidence on which to proceed. In fact, tunity to be adopted in a timely man- from Pennsylvania [Mr. GOODLING]. of all of the reported cases of child ner by loving parents. States will be re- Mr. GOODLING. Mr. Speaker, I yield abuse, nearly one-third are never sub- quired to have procedures in place to myself such time as I may consume. stantiated. While it is clear that some expedite the termination of parental Mr. Speaker, I am pleased today to of these cases involve actual abuse that rights, when infants have been aban- have the opportunity to voice my sup- simply is unable to be proven, it is also doned. Currently, when an infant is port for a very important piece of leg- true that many people report situa- abandoned, they often end up in ‘‘foster islation aimed at protecting the most tions which do not constitute legal care limbo’’ for months, even years, vulnerable segment of this Nation’s grounds of abuse or neglect. The most while continued vain attempts are population—abused and neglected chil- tragic of these cases is where an indi- made to reunify the infant with his or dren. This legislation, which was craft- vidual knowingly makes a false report. her parents who abandoned them in ed in a bicameral and bipartisan fash- Beyond the turmoil these cases inflict their first hours of life. ion, authorizes and makes critical im- upon innocent parents, they also pre- No longer will States, in overzealous provements to the current Child Abuse occupy child protective services which attempts of ‘‘family preservation,’’ Prevention and Treatment Act, other- in turn endangers children who are place children back into homes where wise known as the CAPTA Program. truly being abused. parents have been convicted of egre- First, let me point out some of the I will review shortly the changes we gious acts such as murder, voluntary successes of the CAPTA Program. have made to CAPTA in order to ad- manslaughter or felony assaults of Since its passage in 1974, CAPTA has dress this problem. However, let me their own children. provided valuable research in the area just point out that among these Finally, the changes made in the of child abuse and neglect, thereby al- changes include increased research in House will provide new opportunities lowing us to better understand the ex- the area of unsubstantiated cases of for citizens—not just child protection tent and causes of child abuse, but per- abuse and the impact it is having on bureaucrats—to play an integral role haps most importantly pinpointing child protective services. in ensuring that States are meeting promising initiatives at preventing, Although child abuse and neglect their goals of protecting children from child abuse and neglect. CAPTA has continues to rise in the face of preven- abuse and neglect. also provided a vital framework for tion programs such as CAPTA, we sim- With the changes made to CAPTA by States under which to establish com- ply cannot turn our backs on these both the Senate and the House, I be- prehensive child protective service sys- children. We must continue to better lieve there is new hope for a better tems. In addition, CAPTA has provided manage child protection programs—be- child protection system in this nation. extensive funding to States and local- ginning at the Federal level; learn how However, it will take much more than September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11149 passage of this legislation to stop the With respect to the elements included under lation to create unnecessary duplication at the tragic increase of child abuse and ne- the State plan requirements, language was State and local level which is why a provision glect. It takes responsibility and dedi- added to provide more flexibility to States in was added to clarify that States may utilize ex- cation from each and every citizen to appointing a guardian ad litem, by clarifying isting panels such as foster care review pan- be active within our communities, that they need not be an attorney, but instead els and child fatality panels as long as they churches, and schools—to not only may be a court appointed special advocate (or also fulfill the requirements under this legisla- reach out and support children who are both). Language was also added to clarify that tion. being abused but also to hold child pro- the role of such individuals shall include ob- It is expected that the citizen review panels tection services accountable within taining first hand, a clear understanding of the will evaluate the extent to which States are their communities to ensure that child situations and needs of the child and to make meeting their responsibilities related to the protection agencies are effectively re- recommendations to the court concerning the State plan, the child protection standards, and sponding to cases of child abuse and ne- best interests of the child. However, it is not coordination with foster care and adoption pro- glect. intended that this be an exhaustive list of the grams. They will also review child fatality and I want to further detail and explain the responsibilities of these representatives. Under near fatality cases. In carrying out these du- changes which are included in the House sub- the current system, there are more and more ties, language has been added which clarifies stitute to the Senate passed version of S. 919. cases where an appointed guardian has made that the State provide the panel access to in- Under section 104, dealing with the National virtually no contact with the child, while pro- formation the panel desires as to allow the Clearinghouse for Information Related to Child ceeding to make unfounded recommendations panel to carry out its functions. Abuse, language was added to ensure the to the courts. This legislation strengthens the Because these panels will have access to confidentiality of any case specific data. How- requirement that these representatives know case specific records, language was included ever, pursuant to the confidentiality language and actively advocate the best interests of the to ensure that the members and staff of these contained in section 107, as amended, we do children they are representing. Related to this, panels be held to stringent confidentiality not foresee any particular instance where the the House amendment adds language which standards back up with civil sanctions for vio- clearinghouse would have information on any will ensure more information is gathered with lating these standards. case specific data. Instead, this provision is in- I also want to highlight language included in tended as a precautionary provision in the regard to these representatives. Another key provision added under this sec- section 107 from the Senate passed version. event the clearinghouse does in fact come into tion pertains to assisting abandoned infants. These new language will require States to contact with any such information. submit a report on the success of their child Under section 106, Grants for Demonstra- Specifically, within 2 years, States will be re- protection system. Along with the Senate's tion Programs, language was deleted from the quired, as a condition of funding, to have pro- data elements, the House amendment in- Senate passed version dealing with grants to cedures in place for the expedited termination cludes an additional requirement that data be provide culturally specific instruction. In gen- of parental rights in the case of any infant de- collected on the number of children reunited eral, there has been much sensitivity with re- termined to be abandoned under State law. with their families or receiving family preserva- gard to ``culturally specific instruction'' in the With these provisions in place, countless num- tion services, that within 5 years, result in sub- field of child abuse and neglect. This stems bers of infants who would otherwise languish from a concern that in some instances true in the foster care system will have new oppor- sequent substantial reports of child abuse and cases of child abuse have been disregarded tunities of being adopted at a very young age neglect, including the death of the child. In ad- as ``acceptable behavior'' in a specific culture. by loving parents. dition, information will be gathered on the In light of the deletion of this provision, along In addition to providing new opportunities for number of children for whom individuals were with several other such references, additional babies that have been abandoned, this legisla- appointed by the court to represent the best language was added to section 201(a) of the tion also adds balance to a system which by interests of such children and the average Community-Based Family Resource and Sup- many accounts has moved too far towards a number of out of court contacts between such port Grants. Specifically, this language adds model of ``family preservation'' even in the individuals and children. Quality data in both as a purpose, ``to foster an understanding, ap- face of the most egregious crimes committed of these areas is lacking despite the fact that preciation, and knowledge of diverse popu- by parents against their own children. much time and effort has been invested at the lations in order to be effective in preventing Under this legislation, States will have no Federal, State and local levels into ``family and treating child abuse and neglect.'' In addi- more than 2 years to ensure that they do not preservation'' and requirements for the ap- tion, language was maintained in section 105 require reunification of a surviving child with a pointment of individuals to represent abused of the Senate bill which will provide research parent who has been convicted of a serious and neglected children in courts. This informa- in the area of ``cultural and socio-economic and violent crime such as murder, voluntary tion will provide valuable insight into these distinctions'' of child abuse and neglect. It is manslaughter or felony assaults upon their areas. our hope that this research will shed additional own children. In addition, States must ensure Under section 110, language was added in light onto this important topic. that these felonies constitute grounds under the House amendment to expand the defini- Also within section 106, language was State law for the termination of parental rights tion of sexual abuse to include statutory rape added to limit the number of grants available of the convicted parent as to the surviving chil- in cases of caretaker or interfamilial relation- for Kinship Care. Specifically, no more than 10 dren. However, we have clarified that case by ships. Although rape has always been within States may be awarded a grant to assist such case determinations of whether or not to seek the definition of sexual abuse this will clarify entities in developing or implementing proce- termination of parental rights shall be within this to also mean statutory rape. dures using adult relatives as the preferred the sole discretion of the State. Under section 111, Authorization of Appro- placement for children removed from their Another key change in the House amend- priations, Senate language was modified to home. ment is the addition of citizen review panels. slightly decrease the amount of funds under Under section 107, Grants to States for These panels will provide new opportunities title I made available for discretionary activi- Child Abuse and Neglect Prevention and for citizens to play an integral role in ensuring ties. As a result, additional funds will be avail- Treatment Programs, several significant that States are meeting their goals of protect- able to go directly to States in order to im- changes were made. ing children from abuse and neglect. prove their child protective systems. In general, the House amendment stream- Under this provision, each State is required The House amendment also made several lines the State plan and the State eligibility re- to establish a minimum of three citizen review modifications to the Senate language included quirements. Under the Senate bill, as under panelsÐwith exception for those States meet- under title II, the community-based family re- current law, the plan and requirements are ing the legislation's ``small State minimum'' source and support grants. separate and to a certain extent duplicative. standards. Although the language includes a Specifically, language was added under The new language merges the plan elements minimum number of such panels, it is strongly section 202, clarifying that a lead entity, as under the State requirements. Senate lan- encouraged that larger States take the initia- designated to administer these funds, may be guage, which I strongly support, was also tive to establish more than just three panels an entity that has not been established pursu- maintained to ensure coordination to the maxi- as not to overburden a limited number of pan- ant to State legislation, Executive Order, or mum extent practicable between this State els within an extremely large populous. any written authority of the State. Further, lan- plan and the State plan under part B of title IV It was recognized that indeed most, if not guage was added to ensure that States that of the Social Security Act relating to the child all, States already have in place panels in the have already designated a State trust fund ad- welfare services and family preservation and area of foster care and to oversee cases of visory board to administer funds under the ex- family support services. child fatalities. It is not the intent for this legis- isting program, go through the process of H11150 CONGRESSIONAL RECORD — HOUSE September 25, 1996 again designating a lead entity taking into con- Act into the first year of the new cen- Federal Government in helping States sideration the capacity and expertise of all en- tury. and communities to prevent and treat tities desiring to be lead agencies. I am very gratified that we are here child abuse and neglect, including sup- Modifications were also made to the formula today with a proposal that has biparti- port for research and demonstration ef- under title II of the Senate bill. As passed, the san backing and is supported by the forts to develop new approaches to pre- Senate's formula, as an incentive, provided professionals across this country who vention. more funds for those States able to leverage provide assistance to some of the most I want to thank my Committee Chair funds for services related to child abuse and vulnerable among us—abused, ne- BILL GOODLING and Darcy Phelps of his neglect. However, according to the Congres- glected and abandoned children, and staff for their consideration of issues I sional Research Service, the actual language their families. raised in the last several weeks. I would have made it difficult, if not impossible Mr. Speaker, we are all too familiar thank Sara Davis of my staff. I also for such a determination to be made because with the horrific high profile cases want to thank my colleagues in the it could potentially be interpreted as requiring which sear our consciences and force us other body, Senators KENNEDY, DODD, the Federal Government to match any amount again and again to ask why we could and COATES, whose staffs made very of funds leveraged by the State. Therefore, not prevent the loss or scarring of such valuable contributions to this measure. language was added to first, distribute a ma- innocent lives. Unfortunately, these Mr. Speaker, I am very gratified that jority, 70 percent, of funds under a straight high-profile cases represent only the this crucial program was not ‘‘block proportion based on population of children tip of a very tragic iceberg. As we all granted’’ back to the States in the wel- under the age of 18, the Senate bill would know, last week Health and Human fare reform bill. I think that would have allotted 50 percent based on this factor, Services Secretary Donna Shalala re- have been a serious mistake. Instead, and second to clarify that the remainder be leased the Third National Incidence this proposal reaffirms the strong Fed- distributed by how much a State is able to le- Survey of Child Abuse and Neglect eral leadership role in combating child verage as compared to the amount all other which revealed that the number of abuse and neglect. What does that States are able to leverage for sources other child abuse cases has doubled in just 7 mean? It means targeting funds at pre- than the Federal Government. years. That report also points out that vention efforts, guaranteeing essential Related to the formula, the House amend- States had investigated only 28 percent protection for children who are the ment provided an increase to the small State of children identified as harmed or most vulnerable, providing funds for minimum over current law, but a decrease as abused—a 16 percent drop in a 7-year research, as well as valuable technical compared to the Senate bill. It has also come period. assistance, training, and data collec- to my attention that the current small State Shrinking State budgets have meant tion. minimum has been interpreted by the adminis- increasing caseloads. In most States, Finally, I would like to say this to tration to first send all States the minimum Child Protective Services [CPS] case- my colleagues. This reauthorization amount of funding and subsequently distribute workers have on average double the proposal ensures that each of us will the remaining funds by the statutory formula. standard recommended caseload. This continue to have a voice for children It should be clarified that congressional intent translates into reports that go unan- like Lisa Steinberg and Nadine of this legislation is that the Secretary cal- swered and children that remain in per- Lockwood whose voices were silenced culate the allotments to all States under the ilous conditions. I sincerely hope that before anyone could help. formula, after which, all States receiving under the Citizen Review Panels established I urge my colleagues to vote for this $175,000, be provided additional funding under title I will help increase public proposal. taken, pro rata from other State, in order to awareness that even the most heroic Mr. Speaker, I reserve the balance of achieve the $175,000 minimum. caseworkers cannot possibly serve the my time. Language under section 204 dealing with needs of the children and families in Mr. GOODLING. Mr. Speaker, I yield existing grants was also modified by striking a their communities under these cir- 4 minutes to the very distinguished clause in the Senate bill dealing with ``continu- cumstances. gentleman from Arkansas [Mr. HUTCH- ation grants.'' It was the opinion that the intent When the changes and requirements INSON], a member of the committee. of this clause was adequately addressed of the new welfare reform law are fully Mr. HUTCHINSON. Mr. Speaker, I under section 204(a). implemented caseworkers are likely to rise today in strong support of S. 919, Under section 206 Local Program Require- face even greater burdens. Those of us the Child Abuse, Prevention and Treat- ments, several minor modifications were made who are familiar with the child care de- ment Act. dealing with references to early developmental livery system in this country fully ex- I commend Chairman GOODLING, screening of children. Specifically, clarification pect that the new work requirements Ranking Member CLAY, as well as our was made that these services, under commu- of the welfare reform law will result in colleagues in the Senate for working nity-based programs, be optional and may in- serious child care shortages across the together to bring this important bill to clude referral to, as opposed to the provision country. Where child care is unavail- the floor. of these services. A similar modification relat- able and children are left at home Mr. Speaker, 2 years ago this month ed to this was added under the definition sec- alone when parents work, child protec- I received a 1,300 name petition from tion to the definition of ``Family Resource and tive services will be further challenged my constituents in northwest Arkansas Support Program.'' Also under the definition to find remedies for such cases of child regarding the child abuse case of Ken- section, the Senate definition of ``National Net- neglect. I sincerely hope that the Citi- dall Shea Moore. Kendall was a tiny in- work for Community-Based Family Resource'' zen Review Panels, which States will fant who in the first 5 months of his was deleted due to the fact that it did not ap- be required to establish, will help build life had virtually every bone in his pear in the Senate-passed version nor the a case for additional resources to child body broken and his skull cracked. Fi- House amendment. protection agencies which provide crit- nally on April 7, 1994, after the baby Finally, with respect to the authorization lev- ical family support and prevention was admitted to the intensive care els under title II, the House amendment in- services to communities. unit, authorities arrested those respon- cluded a modified authorization of $66 million Mr. Speaker, the CAPTA reauthor- sible for this horrendous abuse—the for 1997 and such sums thereafter. This more ization proposal before us today will child’s own father and as an accom- accurately reflects the current funding of the help communities improve services to plice, the baby’s mother. program. families through increased flexibility As you can imagine, this case caused for child protection programs and re- an uproar in northwest Arkansas. How- b 2015 duced administrative burdens on ever, the action that really incensed Mr. Speaker, I reserve the balance of States. The bill does not promote the my constituents was when the court my time. status quo. It consolidates several Fed- decided to return the baby to his moth- Mr. KILDEE. Mr. Speaker, I yield eral funding streams by folding four er. Just over 9 months from the day he myself such time as I may consume. categorical programs into one commu- was admitted to the intensive care Mr. Speaker, I rise today in support nity-based prevention grant to support unit, Kendall Shea Moore was perma- of S. 919, which will reauthorize the prevention services to families. It will nently returned to his mother’s cus- Child Abuse Prevention and Treatment also help refine the role played by the tody. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11151 In response to the outcry from my society, I fear that the incidence of ing for support of the amendment and constituents, in January 1995, I hosted child abuse will only increase. We need indicating that he was aware of how a meeting in my district office, bring- to act and I strongly encourage my col- important the change from $200,000 to ing together Arkansas State legisla- leagues to support passage of S. 919. $400,000 would be. I got that in July. I tors, foster parents and child advo- b 2030 am citing the specific times, Mr. cates. I was appalled by the stories I Speaker, because I want to show how it heard from these foster parents. Time Mr. KILDEE. Mr. Speaker, I yield 5 is possible for the Congress to act with and time again they told me of chil- minutes to the gentleman from Hawaii a concerted effort and respond rapidly, dren being returned to abusive situa- [Mr. ABERCROMBIE]. and this is an excellent example of it. tions. They told me of foster parents Mr. ABERCROMBIE. Mr. Speaker, I I drafted a letter, a ‘‘Dear Colleague’’ being aware of criminal abuse and not rise today in support of S. 919, the letter, to Members, and I am very being able to testify in court. I was Child Abuse Prevention and Treatment pleased that the gentlewoman from Ha- also told of doctors not being able to Act amendments. These amendments waii, Mrs. MINK, my colleague, and the come forward due to confidentiality are especially important for States gentleman from Delaware, Mr. CASTLE, concerns. Unfortunately, I do not be- like Hawaii that will benefit from an were the original signers of the letter, lieve this tragic situation is unique to increase in the small State minimum and we consulted with the staff of Mr. Arkansas. for the distribution of funds under the GOODLING’s committee, and we sent a Mr. Speaker, I am a strong supporter Family Violence Prevention and Serv- ‘‘Dear Colleague’’ letter out to Mem- of the family and of doing everything ices Act. bers whose districts and whose States we can to keep families together and Under the Child Abuse Prevention were affected. We invited them to sign encouraging the bond between parent and Treatment Act, services and shel- a letter to Chairman GOODLING of the and child. I am also a strong defender ter for victims of domestic violence are Committee on Economic and Edu- of the constitutional rights of parents. provided by the Family Violence Pre- cational Opportunities in support of in- However, we as a society have an ob- vention and Services Act to States on creasing the minimum, and I would ligation to protect the weakest and a population basis. Small population like to quote, if I might, Mr. Speaker, most vulnerable. There is something States receive a minute allocation briefly from the letter to Mr. GOODLING seriously wrong when we allow chil- under this act of $200,000, or 1 percent, because I think it provides, again, an dren and infants to be returned to whichever is less. S. 919 would increase example and a basis for understanding homes where criminal abuse has oc- the minimum allocation to $400,000 so how legislation can be brought prompt- curred. small States can receive a fair share of ly to the floor in a way that effectively Based on the input I have received, the new funding available under the Vi- serves the ends sought. there are several areas where we could olence Against Women Act. In addressing the chairman we wrote reform CAPTA. First, we need to allow In the State of Hawaii, the percent- requesting his support for increasing foster parents a greater opportunity to age of homicides that were committed the small State minimum in the dis- have input into the system. S. 919 re- by family members is now seen as tribution of funds. Small States were quires States to establish citizen re- twice the national average, and it is guaranteed a minimum, as I indicated, view panels to review the activities of my hope that increased funding and of $200,000. Congress recently increased State and local agencies. Specific du- focus for Hawaii’s domestic violence the appropriation from $32 million in ties include review coordination of shelters and services can turn this fiscal year 1995 to $47 million in 1996. child abuse prevention programs with frightening statistic around. Unfortunately, the small State mini- foster care and adoption programs; and Mr. Speaker, I wanted to go over a mum did not receive a comparable in- the review of cases involving child fa- bit of the chronology of events as to crease; thus States which we rep- talities and near fatalities. how this report now reaches us on the resented, those of us who signed the Second, we need to promote greater floor because I think it is instructive letter to the gentleman from Penn- interagency cooperation. Very often not only for the membership, but for sylvania [Mr. GOODLING], Alaska, Dela- State human services departments are the community at large, as to how a ware, Washington, DC, Hawaii, Idaho, not equipped to deal with cases of matter that is seen as having tremen- Maine, Montana, Nebraska, Nevada, criminal abuse; nor should they be. dous public impact and community im- New Hampshire, New Mexico, North These cases rightfully fall under the ju- pact is able to be dealt with by the Dakota, Rhode Island, South Dakota, risdiction of law enforcement. S. 919 Congress. I think it is a lesson, a civics Utah, Vermont, West Virginia and Wy- specifically encourages the cooperation lesson, if my colleagues will, Mr. oming did not benefit from the funding of State law enforcement, courts, and Speaker, in how to deal with drastic increase. Small States, of course, have State agencies in the investigation, circumstances that are not otherwise the same pressing needs as large States prosecution and treatment of child amenable to being resolved in the com- to provide adequate services for women abuse or neglect. munity minus the legislative support who have been the victims of domestic Finally, S. 919 deals with the issue of of the Congress. violence. Consequently we believed family reunification and the termi- In the course of that I want to com- that it was imperative that the small nation of parental rights. In cases of pliment the office of the gentleman State minimum be increased. The Sen- criminal abuse, where a parent has from Delaware [Mr. CASTLE], the staff ate had already increased the small been convicted in a court of law, the in his office, and I most especially State minimum to $400,000 in the Child legislation directs the States to have want to thank the ranking member, Abuse and Prevention Treatment Act provisions in place protecting a surviv- the gentleman from Michigan [Mr. KIL- and was expected to include it. ing child from reunification with the DEE], and his staff, and I want to recog- Mr. Speaker, the Senate, as I said, convicted abuser. In addition, the legis- nize and commend the gentleman from expected to include this provision in lation clarifies that such a conviction Pennsylvania [Mr. GOODLING], and his the Labor, HHS and Education appro- is grounds for the termination of pa- staff, for recognizing in turn how im- priations bill but obviously required rental rights. portant this amendment was in seeing support of the gentleman from Penn- No longer will States put children it through the entire conference. It is sylvania [Mr. GOODLING] and the con- back into homes where parents have the kind of thing that can easily be ferees in the conference. The result, been convicted of egregious acts such lost unless there is an alert staff as Mr. Speaker, is before us today. It has as murder, voluntary manslaughter or well as an alert Chair and ranking been accomplished. In other words, be- felony assaults of their own children. member who have the good of the com- tween July and September of this year Children, like Kendall Shea Moore munity at heart, and most particu- on a bipartisan basis, we were able to should never have to face the possibil- larly, those most vulnerable, the inno- deal with this crisis. Small States were ity of abuse again. We owe our children cent among us, our children. recognized, and more importantly, the more than that. I had received a letter, Mr. Speaker, children and those others who come Mr. Speaker, as we witness the con- from Governor Benjamin Cayetano, the under the aegis of this act were recog- tinuing dissolution of the family in our Governor of our State of Hawaii, ask- nized as being in need. H11152 CONGRESSIONAL RECORD — HOUSE September 25, 1996 So I would like to close with a pro- procedures for expedited placement of legal remedies necessary to provide found sense of gratitude to the gen- abandoned infants. I believe this provi- medical care or treatment when such tleman from Pennsylvania [Mr. GOOD- sion will give States the added incen- care or treatment is necessary to pre- LING] and the committee and indicate tive to implement this vital expedited vent or remedy serious harm to the that I hope that this will, if it has to be adoption procedure. child, or to prevent the withholding of voted on, will be a unanimous vote of Mr. Speaker, passage of these two medically indicated treatment from the Congress and offer in conclusion, commonsense provisions will give children with life-threatening condi- Mr. Speaker, again a reference to the those infants abandoned at-birth at tions? fact that it is possible for men and least a fighting chance for immediate b 2045 women of good will and acting in faith parental bonding by adoptive parents with the Constitution and our duties and a permanent home. I strongly sup- Mr. GOODLING. Yes, it does. In addi- here in the House to act promptly on port this bill and urge all of my col- tion, the bill gives States sole discre- behalf of the children of this country. leagues to join me in voting for its pas- tion over case-by-case determinations Mr. GOODLING. Mr. Speaker, I yield sage. relating to exercise of authority in this 3 minutes to the gentleman from Illi- Mr. GOODLING. Mr. Speaker, I yield area. No State is foreclosed from con- nois [Mr. FAWELL]. such time as he may consume to the sidering parents’ use of treatment by Mr. FAWELL. Mr. Speaker, I thank gentleman from Texas [Mr. SMITH] for spiritual means. No State is required the gentleman for yielding this time to the purpose of engaging in a colloquy. to prosecute parents in this area. But me. Mr. SMITH of Texas. Mr. Speaker, every State must have in place the au- Mr. Speaker, I am pleased that I rise first of all I want to thank my friend thority to intervene to protect children in support of the Child Abuse Preven- from Pennsylvania, Mr. GOODLING, who in need. tion and Treatment Act [CAPTA] is the chairman of the Committee on Let me also state that nothing under Amendments of 1996. Since its passage Economic and Educational Opportuni- this bill should be interpreted as dis- in 1974, CAPTA has provided protection ties for yielding this time to me, but I couraging the reporting of suspected and assistance for one of our nation’s also want to thank him and the many incidences of medical neglect to child most vulnerable segments—children others who have helped us reach an protection services, where warranted. who have been abused and/or neglected. agreement on such an important sub- Mr. SMITH of Texas. Mr. Speaker, if I am delighted to say that this is yet ject. the gentleman will continue to yield, I another bipartisan measure produced Mr. Speaker, it is my understanding also see a new section has been added by the House Opportunities Committee that under CAPTA, States have been that requires the States to include in and brought to the floor under suspen- allowed to exempt parents from pros- their State laws, as statutory grounds sion of the rules. I commend Chairman ecution on grounds of medical neglect for termination of parental rights, con- GOODLING and ranking member, Mr. if the parent was employing alter- viction of parents for certain specified CLAY and Mr. KILDEE for their fine ef- native means of healing as part of the crimes against children. fort in bringing this important legisla- parent’s religious practice. CAPTA also It also eliminates the Federal man- tion to the floor. has required the States to have proce- date that States must seek reunifica- Mr. Speaker, for a number of years, I dures in place to report, investigate tion of the convicted parent with sur- have sponsored the ‘‘At-Birth Aban- and intervene in situations where chil- viving children. Given the crimes that doned Baby Act’’. The bill guarantees dren are being denied medical care have been specified, a murder or vol- all babies abandoned at-birth, or short- needed to prevent harm. untary manslaughter and felonious as- ly thereafter, the right to immediate Mr. GOODLING. Mr. Speaker, will sault, it appears what we are address- placement and bonding with the gentleman yield? ing is a parent who deliberately takes ‘‘preadoptive parents.’’ The Mr. SMITH of Texas. I yield to the a life or seriously injuries his child. preadoptive parents are given the right gentleman from Pennsylvania. Mr. GOODLING. That is correct. This to immediately initiate proceedings for Mr. GOODLING. Mr. Speaker, that is section is intended to give the States an expeditious adoption of the aban- correct. The two provisions the gen- flexibility in this area by not requiring doned baby. tleman has described have caused prob- them to seek to reunify a parent con- One of the major provisions of the lems for some States. In recent years, victed of a serious and violent crime At-Birth Abandoned Baby Act simply the Department of Health and Human against his child with that surviving requires State welfare authorities to Services has moved to disqualify cer- child or other children. States may immediately place ‘‘at-birth abandoned tain States from CAPTA funding based still seek to reunify the family, but babies’’ with suitable ‘‘pre-adoptive on the State’s accommodation of the will no longer be required to do so by parents’’ who, in turn, will be allowed religion treatment in lieu of medical Federal law. to immediately file for an expeditious treatment. Second, the bill provides that these adoption of the abandoned baby in the Mr. SMITH of Texas. Mr. Speaker, it very serious crimes should be grounds State court of proper jurisdiction. is my further understanding that we in State law for the termination of pa- Mr. Speaker, I am pleased the Child have clarified that issue in the rule of rental rights. Any decision, however, Abuse Prevention and Treatment Act construction before us. to terminate parental rights even in contains similar provisions which will Mr. GOODLING. Yes, we have. After these cases is entirely a State issue provide for an expedited adoption pro- a very lengthy negotiation we have and remains so under the bill. cedure for abandoned infants. The bill reached a compromise which will both Mr. SMITH of Texas. Would States be requires that in order to be eligible to protect children in need of medical allowed to consider a parents’ motive receive funds under the Child Abuse intervention while ensuring that the when deciding to terminate parental Prevention and Treatment Act, States first amendment rights of parents to rights or seek reunification of this must have in place a program within 2 practice their religion are not in- family, and could this include sincerely years which will provide ‘‘for the expe- fringed upon. Under this bill, no parent held religious beliefs of the parents? dited termination of parental rights in or legal guardian is required to provide Mr. GOODLING. Absolutely. Since the case of any infant determined to be a child with medical service or treat- this is entirely a matter of State law, abandoned under State law’’. Mr. ment against their religious beliefs, States are free to consider whatever Speaker, I strongly support the inclu- nor is any State required to find, or mitigating circumstances they wish. sion of this provision in the bill. prohibited from finding, abuse or ne- Mr. SMITH of Texas. Mr. Speaker, I I would also like to mention that the glect cases where the parent or guard- thank the gentleman for yielding, and bill contains a provision which will re- ian relied solely or partially upon spir- for his help. quire the Secretary of Health and itual means rather than medical treat- Mr. GOODLING. I want to thank the Human Services, in dispensing funds ment in accordance with their religious staff on both sides, Mr. Speaker, and under the Abandoned Infants Assist- beliefs. the gentleman from Michigan [Mr. KIL- ance Act, to give priority to States Mr. SMITH of Texas. Does the bill DEE], the ranking member. This is just which have developed and implemented address States’ authority to pursue any another indication, one more of those September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11153 bipartisan bills that this committee Mr. CUNNINGHAM. Mr. Speaker, I rise GENERAL LEAVE has brought to the floor and acted upon today in support of S. 919, the Child Abuse Mr. GOODLING. Mr. Speaker, I ask expeditiously. Prevention and Treatment Act Amendments, unanimous consent that all Members Mr. KILDEE. Mr. Speaker, I yield better known as CAPTA. may have 5 legislative days within myself such time as I may consume. BICAMERAL, BIPARTISAN SUPPORT FOR REFORMS which to revise and extend their re- Mr. Speaker, I appreciate the gentle- This Congress has already adopted CAPTA marks on S. 919, the Child Abuse Pre- man’s remarks. I have always enjoyed reforms several times, as part of welfare re- vention and Treatment Act Amend- working with him, and we are able to form legislation. However, for technical rea- ments of 1996. achieve a great deal of bipartisan work sons, CAPTA reforms were deleted from the The SPEAKER pro tempore. Is there because of our respect for one another. welfare reform package enacted by Congress objection to the request of the gen- I think more of that would be helpful and signed into law by the President. Thus, tleman from Pennsylvania? to the whole House. the Senate adopted S. 919. We take it up There was no objection. Ms. JACKSON-LEE of Texas. Mr. Speaker, today, having negotiated additional improve- f I rise today in strong support of the Child ments with both parties and both Houses of PROFESSIONAL BOXING SAFETY Abuse Prevention and Treatment Act. This Congress. ACT OF 1996 measure will authorize $100 million in fiscal year 1997 for child abuse prevention and THE NEED FOR BETTER CHILD PROTECTIVE SERVICES Mr. OXLEY. Mr. Speaker, I move to treatment programs. Since 1974, CAPTA has provided States a suspend the rules and pass the bill The bulk of this money will support the framework to follow with respect to child pro- (H.R. 4167) to provide for the safety of State grant program which provides child pro- tective services. Unfortunately, child abuse journeymen boxers, and for other pur- tective services where they are most effec- continues to increase. The latest studies show poses. tiveÐat the State level. This grant program reports of child abuse and neglect have dou- The Clerk read as follows: helps States screen and investigate reports of bled in the United States, from 1.4 million H.R. 4167 child abuse or neglect; provide case manage- cases in 1986 to 2.8 million in 1993. Be it enacted by the Senate and House of Rep- This is nothing less than a national tragedy. resentatives of the United States of America in ment and deliver service to children and their Congress assembled, families; improve risk and safety assessment We can and must take action. We do, through this bill. Let me identify just a few improve- SECTION 1. SHORT TITLE. tools and expand training for service providers This Act may be cited as the ‘‘Professional and those required to report suspected cases ments we are making in CAPTA to fight the Boxing Safety Act of 1996’’. of child abuse. epidemic of child abuse and neglect. SEC. 2. DEFINITIONS. Our children are our most precious resource We are providing expanded adoption oppor- For purposes of this Act: and we must take steps to root out and elimi- tunities for babies who have been abandoned. (1) BOXER.—The term ‘‘boxer’’ means an in- nate abuse and maltreatment. This bill is a This follows our previous work in this Con- dividual who fights in a professional boxing move in that direction. I urge all my colleagues gress to expand the adoption tax credit. match. (2) BOXING COMMISSION.—(A) The term to support these amendments and pass this We are providing greater protection so that children will not be put back into homes where ‘‘boxing commission’’ means an entity au- bill. thorized under State law to regulate profes- Mr. UNDERWOOD. Mr. Speaker, I rise parents have been convicted of terrible acts sional boxing matches. today to join my colleagues in supporting the against their own children. (3) BOXER REGISTRY.—The term ‘‘boxer reg- passage of S. 919, the Child Abuse Preven- We are providing new and expanded roles istry’’ means any entity certified by the As- tion and Treatment Act Amendments. Child for private citizens in the area of child abuse sociation of Boxing Commissions for the pur- protection is our collective responsibility and and neglect. poses of maintaining records and identifica- tion of boxers. the Congressional approval today reinforces In an area we heard a great deal about in my subcommittee hearings, this bill ensures (4) LICENSEE.—The term ‘‘licensee’’ means our commitment to help our Nation's most vul- an individual who serves as a trainer, second, nerable children and families. that persons who maliciously file reports of or cut man for a boxer. The number of children reported abused abuse will no longer be protected by CAPTA's (5) MANAGER.—The term ‘‘manager’’ means and neglected has tripled since 1981. As more immunity for reporting. Under our bill, only a person who receives compensation for serv- and more families encounter pressures, the goodfaith reports will be protected. ice as an agent or representative of a boxer. caseloads at the child protection agencies in- And we are simplifying the administration of (6) MATCHMAKER.—The term ‘‘match- crease. The steps we take today, in reauthor- the CAPTA program at the State and local lev- maker’’ means a person that proposes, se- izing this program for another 5 years, will ex- els. lects, and arranges the boxers to participate There is much, much more in this bill that is in a professional boxing match. pand services to strengthen and support fami- (7) PHYSICIAN.—The term ‘‘physician’’ lies in need. in the best interests of America's children. means a doctor of medicine legally author- Guam is currently receiving about $177,000 Every American must take a stand that child ized to practice medicine by the State in in consolidated grants from the Department of abuse is wrong. We must stop this plague of which the physician performs such function Health and Human Services to assist our ef- child abuse on our land. Our bipartisan or action. forts to combat this problem. Our local child CAPTA reforms cannot stop child abuse; they (8) PROFESSIONAL BOXING MATCH.—The term protective agencies have flexibility in designing give help to those people who can. ‘‘professional boxing match’’ means a boxing child protective services, investigations of child I thank Chairman GOODLING for his out- contest held in the United States between in- standing leadership on this issue. I urge my dividuals for financial compensation. Such abuse and neglect, improvements in risk and term does not include a boxing contest that safety assessments, and the training of serv- colleagues to support S. 919 as amended, is regulated by an amateur sports organiza- ice providers. and I yield back the balance of my time. tion. The bill will allow Guam the opportunity to Mr. KILDEE. Mr. Speaker, I have no (9) PROMOTER.—The term ‘‘promoter’’ apply for family resource grants and adoption further requests for time, and I yield means the person primarily responsible for opportunities grants authorized in this legisla- back the balance of my time. organizing, promoting, and producing a pro- tion. We can be more effective if we consoli- Mr. GOODLING. Mr. Speaker, I have fessional boxing match. date a number of broad-based networks of no further requests for time, and I (10) STATE.—The term ‘‘State’’ means each yield back the balance of my time. of the 50 States, Puerto Rico, the District of child abuse and prevention programs, family Columbia, and any territory or possession of support programs, foster care and adoption The SPEAKER pro tempore (Mr. the United States. initiatives. This bill expands the current pro- DICKEY). The question is on the motion SEC. 3. PURPOSES. gram and facilitates the collaboration nec- offered by the gentleman from Penn- The purposes of this Act are— essary to maximize resources. sylvania [Mr. GOODLING] that the (1) to improve and expand the system of Our children are our most important re- House suspend the rules and pass the safety precautions that protects the welfare sources. We need to guarantee them a safe Senate bill, S. 919, as amended. of professional boxers; and haven when threatened or harmed. We need The question was taken; and (two- (2) to assist State boxing commissions to to reassure children at risk that their safety net thirds having voted in favor thereof) provide proper oversight for the professional boxing industry in the United States. is strong and viable. And we need to reduce the rules were suspended and the Sen- SEC. 4. BOXING MATCHES IN STATES WITHOUT the incidence of child abuse and neglect. The ate bill, as amended, was passed. BOXING COMMISSIONS. bill passed by the Congress today moves us A motion to reconsider was laid on No person may arrange, promote, organize, in the right direction. the table. produce, or fight in a professional boxing H11154 CONGRESSIONAL RECORD — HOUSE September 25, 1996 match held in a State that does not have a (3) Procedures to review a suspension of Boxing Commissions who knowingly vio- boxing commission unless the match is su- where appealed by a boxer, including an op- lates section 9 of this Act shall, upon convic- pervised by a boxing commission from an- portunity for a boxer to present contradic- tion, be imprisoned for not more than 1 year other State and subject to the most recent tory evidence. or fined not more than $20,000, or both. version of the recommended regulatory (4) Procedures to revoke a suspension (3) BOXERS.—Any boxer who knowingly guidelines certified and published by the As- where a boxer— violates any provision of this Act shall, upon sociation of Boxing Commissions as well as (A) was suspended under subparagraph (A) conviction, be fined not more than $1,000. any additional relevant professional boxing or (B) of paragraph (2) of this subsection, and SEC. 11. NOTIFICATION OF SUPERVISING BOXING regulations and requirements of such other has furnished further proof of a sufficiently COMMISSION. State. improved medical or physical condition; or Each promoter who intends to hold a pro- SEC. 5. SAFETY STANDARDS. (B) furnishes proof under subparagraph (C) fessional boxing match in a State that does No person may arrange, promote, organize, or (D) of paragraph (2) that a suspension was not have a boxing commission shall, not produce, or fight in a professional boxing not, or is no longer, merited by the facts. later than 14 days before the intended date of match without meeting each of the following (b) SUSPENSION IN ANOTHER STATE.—A box- that match, provide written notification to requirements or an alternative requirement ing commission may allow a boxer who is the supervising boxing commission des- in effect under regulations of a boxing com- under suspension in any State to participate ignated under section 4. Such notification mission that provides equivalent protection in a professional boxing match— shall contain each of the following: of the health and safety of boxers: (1) for any reason other than those listed (1) Assurances that, with respect to that (1) A physical examination of each boxer in subsection (a) if such commission notifies professional boxing match, all applicable re- by a physician certifying whether or not the in writing and consults with the designated quirements of this Act will be met. boxer is physically fit to safely compete, official of the suspending State’s boxing (2) The name of any person who, at the copies of which must be provided to the box- commission prior to the grant of approval time of the submission of the notification— ing commission. for such individual to participate in that (A) is under suspension from a boxing com- (2) Except as otherwise expressly provided professional boxing match; or mission; and under regulation of a boxing commission (2) if the boxer appeals to the Association (B) will be involved in organizing or par- promulgated subsequent to the enactment of of Boxing Commissions, and the Association ticipating in the event. this Act, an ambulance or medical personnel of Boxing Commissions determines that the (3) For any individual listed under para- with appropriate resuscitation equipment suspension of such boxer was without suffi- graph (2), the identity of the boxing commis- continuously present on site. cient grounds, for an improper purpose, or sion that issued the suspension described in (3) A physician continuously present at not related to the health and safety of the paragraph (2)(A). ringside. boxer or the purposes of this Act. (4) Health insurance for each boxer to pro- SEC. 12. STUDIES. vide medical coverage for any injuries sus- SEC. 8. REPORTING. (a) PENSION.—The Secretary of Labor shall tained in the match. Not later than 48 business hours after the conduct a study on the feasibility and cost of conclusion of a professional boxing match, SEC. 6. REGISTRATION. a national pension system for boxers, includ- the supervising boxing commission shall re- (a) REQUIREMENTS.—Each boxer shall reg- ing potential funding sources. ister with— port the results of such boxing match and (b) HEALTH, SAFETY AND EQUIPMENT.—The (1) the boxing commission of the State in any related suspensions to each boxer reg- Secretary of Health and Human Services which such boxer resides; or istry. shall conduct a study to develop rec- (2) in the case of a boxer who is a resident SEC. 9. CONFLICTS OF INTEREST. ommendations for health, safety, and equip- of a foreign country, or a State in which No member or employee of a boxing com- ment standards for boxers and for profes- there is no boxing commission, the boxing mission, no person who administers or en- sional boxing matches. commission of any State that has such a forces State boxing laws, and no member of (c) REPORTS.—Not later than one year after commission. the Association of Boxing Commissions may the date of enactment of this Act, the Sec- (b) IDENTIFICATION CARD.— belong to, contract with, or receive any com- retary of Labor shall submit a report to the (1) ISSUANCE.—A boxing commission shall pensation from, any person who sanctions, Congress on the findings of the study con- issue to each professional boxer who reg- arranges, or promotes professional boxing ducted pursuant to subsection (a). Not later isters in accordance with subsection (a), an matches or who otherwise has a financial in- than 180 days after the date of enactment of identification card that contains each of the terest in an active boxer currently registered this Act, the Secretary of Health and Human following: with a boxer registry. For purposes of this Services shall submit a report to the Con- (A) A recent photograph of the boxer. section, the term ‘‘compensation’’ does not gress on the findings of the study conducted (B) The social security number of the boxer include funds held in escrow for payment to pursuant to subsection (b). (or, in the case of a foreign boxer, any simi- another person in connection with a profes- SEC. 13. PROFESSIONAL BOXING MATCHES CON- lar citizen identification number or profes- sional boxing match. The prohibition set DUCTED ON INDIAN RESERVATIONS. sional boxer number from the country of res- forth in this section shall not apply to any (a) DEFINITIONS.—For purposes of this sec- idence of the boxer). contract entered into, or any reasonable tion, the following definitions shall apply: (C) A personal identification number as- compensation received, by a boxing commis- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ signed to the boxer by a boxing registry. sion to supervise a professional boxing has the same meaning as in section 4(e) of (2) RENEWAL.—Each professional boxer match in another State as described in sec- the Indian Self-Determination and Edu- shall renew his or her identification card at tion 4. cation Assistance Act (25 U.S.C. 450b(e)). least once every 2 years. SEC. 10. ENFORCEMENT. (2) RESERVATION.—The term ‘‘reservation’’ (3) PRESENTATION.—Each professional (a) INJUNCTIONS.—Whenever the Attorney means the geographically defined area over boxer shall present his or her identification General of the United States has reasonable which a tribal organization exercises govern- card to the appropriate boxing commission cause to believe that a person is engaged in mental jurisdiction. not later than the time of the weigh-in for a a violation of this Act, the Attorney General (3) TRIBAL ORGANIZATION.—The term ‘‘trib- professional boxing match. may bring a civil action in the appropriate al organization’’ has the same meaning as in SEC. 7. REVIEW. district court of the United States request- section 4(l) of the Indian Self-Determination (a) PROCEDURES.—Each boxing commission ing such relief, including a permanent or and Education Assistance Act (25 U.S.C. shall establish each of the following proce- temporary injunction, restraining order, or 450b(l)). dures: other order, against the person, as the Attor- (b) REQUIREMENTS.— (1) Procedures to evaluate the professional ney General determines to be necessary to (1) IN GENERAL.—Notwithstanding any records and physician’s certification of each restrain the person from continuing to en- other provision of law, a tribal organization boxer participating in a professional boxing gage in, sanction, promote, or otherwise par- of an Indian tribe may, upon the initiative of match in the State, and to deny authoriza- ticipate in a professional boxing match in the tribal organization— tion for a boxer to fight where appropriate. violation of this Act. (A) regulate professional boxing matches (2) Procedures to ensure that, except as (b) CRIMINAL PENALTIES.— held within the reservation under the juris- provided in subsection (b), no boxer is per- (1) MANAGERS, PROMOTERS, MATCHMAKERS, diction of that tribal organization; and mitted to box while under suspension from AND LICENSEES.—Any manager, promoter, (B) carry out that regulation or enter into any boxing commission due to— matchmaker, and licensee who knowingly a contract with a boxing commission to (A) a recent knockout or series of consecu- violates, or coerces or causes any other per- carry out that regulation. tive losses; son to violate, any provision of this Act (2) STANDARDS AND LICENSING.—If a tribal (B) an injury, requirement for a medical shall, upon conviction, be imprisoned for not organization regulates professional boxing procedure, or physician denial of certifi- more than 1 year or fined not more than matches pursuant to paragraph (1), the tribal cation; $20,000, or both. organization shall, by tribal ordinance or (C) failure of a drug test; or (2) CONFLICT OF INTEREST.—Any member or resolution, establish and provide for the im- (D) the use of false aliases, or falsifying, or employee of a boxing commission, any per- plementation of health and safety standards, attempting to falsify, official identification son who administers or enforces State box- licensing requirements, and other require- cards or documents. ing laws, and any member of the Association ments relating to the conduct of professional September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11155 boxing matches that are at least as restric- Committees, H.R. 1186 was favorably re- quired under this bill to establish a tive as— ported from the Committee on Commerce commission. If a State chooses not to (A) the otherwise applicable standards and and agreed to be considered under suspension get involved in regulating boxing, then requirements of a State in which the res- of the House Rules. the promoter of a fight is allowed to ervation is located; or Subsequently and in honor of the retire- (B) the most recently published version of ment of Rep. Pat Williams, our friend and contract with an authorized boxing the recommended regulatory guidelines cer- colleague, Rep. Williams introduced H.R. commission of any other State to come tified and published by the Association of 4167, Professional Boxing Safety Act, which in and supervise a fight. Boxing Commissions. is identical to the Commerce Committee re- This bill is not a cure-all for every SEC. 14. RELATIONSHIP WITH STATE LAW. ported bill to H.R. 1186 and we have agreed to problem that boxing faces. But it is a Nothing in this Act shall prohibit a State consider this bill in lieu of consideration of huge step in the right direction. It en- from adopting or enforcing supplemental or H.R. 1186. We now agree that the legislative acts strict conflict of interest provi- more stringent laws or regulations not in- history of H.R. 1186 should be deemed part of the legislative history of H.R. 4167, Profes- sions, establishes minimum protec- consistent with this Act, or criminal, civil, tions for boxers, and empowers States or administrative fines for violations of such sional Boxing Safety Act and that the juris- laws or regulations. diction of the two Committees should not be to enforce their own suspensions. I recognize that many of my col- SEC. 15. EFFECTIVE DATE. prejudiced by any of these events. The provisions of this Act shall take effect Sincerely, leagues believe that this compromise on January 1, 1997, except as follows: BILL GOODLING, goes too far, while others feel it does (1) Section 9 shall not apply to an other- Chairman, Committee not go far enough to involve the Fed- wise authorized boxing commission in the on Economic and eral Government in helping the States Commonwealth of Virginia until July 1, 1998. Educational Oppor- regulate professional boxing. But after tunities. (2) Sections 5 through 9 shall take effect on decades of legislative neglect, profes- July 1, 1997. THOMAS J. BLILEY, Chairman, Committee sional boxing needs uniform State-su- The SPEAKER pro tempore. Pursu- on Commerce. pervision before it can clean up its act. ant to the rule, the gentleman from Mr. Speaker, when people think of This is a good bill, a good compromise, Ohio [Mr. OXLEY] and the gentleman professional boxing they imagine the and a much needed reform. from New York [Mr. MANTON] each will multi-million dollar fight with Mike Mr. Speaker, I reserve the balance of control 20 minutes. Tyson or George Foreman or Tim my time. The Chair recognizes the gentleman Witherspoon in the corner. But the Mr. MANTON. Mr. Speaker, I ask from Ohio [Mr. OXLEY]. vast majority of professional matches unanimous consent that the gentleman Mr. OXLEY. Mr. Speaker, I yield my- are between two little known boxers, from Montana [Mr. WILLIAMS] be per- self such time as I may consume. fighting for less than $100 per round, mitted to control one-half of the time (Mr. OXLEY asked and was given who are often intentionally mis- on this side. permission to revise and extend his re- matched to provide the crowd with a The SPEAKER pro tempore. Is there marks.) spectacle of gore. objection to the request of the gen- Mr. OXLEY. Mr. Speaker, I rise in Unlike every other major American tleman from New York? support of H.R. 4167, the Professional sport, there is no merit system in box- There was no objection. Boxing Safety Act. ing for advancing to a title. Sanction- Mr. MANTON. Mr. Speaker, I yield This bill represents months of bipar- ing bodies are controlled by promoters myself such time as I may consume. tisan, bi-committee, and bicameral ne- with their own agendas. Even the offi- (Mr. MANTON asked and was given gotiations. Its primary purpose is to cials who regulate boxing through the permission to revise and extend his re- establish a State and privately run sys- State commissions often have personal marks.) tem for licensing professional boxers. financial interest and involvement in Mr. MANTON. Mr. Speaker, I am H.R. 4167 is identical to H.R. 1186, their own pet fighters. With fraud and pleased to rise today in support of H.R. which was marked up by the Commit- corruption allowed to run rampant in 4167. This is the same bill that was re- tee on Commerce on September 18, and boxing, it’s no wonder that we’ve had ported out of the Committee on Com- reported to the full House on Septem- so many boxers left penniless, with se- merce last Wednesday, and it is a prod- ber 24, 1996. Since the provisions of the vere medical injuries, forced to depend uct of bipartisan cooperation among bills are identical, it is the intent of for health care and survival on the members of both the Committee on the Committee on Commerce and the backs of the Federal taxpayers. Boxing Commerce and the Committee on Eco- Committee on Economic and Edu- needs reform, and it needs it now. nomic and Educational Opportunities. cational Opportunities that the Com- This bill is not something dreamed I would like to commend my col- mittee on Commerce report on H.R. up by Washington bureaucrats to be leagues, the gentleman from Virginia 1186 should serve as the legislative his- imposed on the States. Rather, these [Mr. BLILEY], the gentleman from Ohio tory governing the interpretation of reforms have been specifically re- [Mr. OXLEY], the gentleman from Penn- H.R. 4167. quested and actively supported by sylvania [Mr. GOODLING], the chairman, I include for the RECORD a memoran- State boxing commissions around the the gentleman from Montana [Mr. WIL- dum of understanding between Chair- country. LIAMS], and the gentleman from Michi- man BLILEY and Chairman GOODLING Commissioner after commissioner gan [Mr. DINGELL], for their hard work on this point. has complained to us that State sus- in moving this bill forward. The memorandum referred to is as pensions are flouted by boxers who hop In addition, negotiations on the bill follows: from town to town fighting under dif- have included Senators MCCAIN and CONGRESS OF THE UNITED STATES, ferent names, ignoring failed drug tests BRYAN, who demonstrated significant HOUSE OF REPRESENTATIVES, and medical injuries, ultimately leav- commitment to gaining consensus on Washington, DC, September 25, 1996. ing Federal health care and welfare the bill, enabling us to bring this legis- Hon. NEWT GINGRICH, programs to pick up the tab after their lation to the House floor today. By Speaker, House of Representatives, passing H.R. 4167, the House will take a Washington, DC. bodies have broken down. DEAR MR. SPEAKER: We are writing regard- So long as there are no uniform li- positive step forward toward correcting ing the jurisdiction and legislative history of censing procedures for reviewing, hon- some of the most negative aspects as- H.R. 4167, the Professional Boxing Safety oring, and appealing commission au- sociated with the boxing industry. Act, which has been introduced today by thorized suspensions, States will re- Mr. Speaker, Members in the House Rep. Pat Williams and Rep. Michael G. Oxley main powerless to enforce their own have long considered legislation to im- and referred to the Committee on Economic health and safety regulations, with the prove the sport of boxing. Early hear- and Educational Opportunities and in addi- taxpayers losing out as the result. ings and discussions of problems in the tion to the Committee on Commerce and This bill requires that no profes- industry date back to the 1960’s and H.R. 1186, the Professional Boxing Safety Act, which was referred to the Committee on sional boxing match be held without since that time, various proposals have Economic and Educational Opportunities the approval of a State authorized been promoted in an effort to address and in addition to the Committee on Com- commission. The commission may be some of the more persistent and de- merce. After negotiations between the two public or private, and no State is re- structive problems with the sport. H11156 CONGRESSIONAL RECORD — HOUSE September 25, 1996 I would like to recognize a number of good friend, the gentleman from Mon- and public discussion and debate. Be- my colleagues in the House, in particu- tana [Mr. WILLIAMS]. cause of continual scandal and increas- lar, Representatives BILL RICHARDSON, Mr. WILLIAMS. Mr. Speaker, I thank ing fan disillusionment—and I am a RALPH HALL, and MAJOR OWENS, who my friend, the gentleman from Ohio, fan—the sport has long ago, I think, have dedicated significant time and en- chairman of the Subcommittee on been convinced that minimum health ergy over the years in support of legis- Commerce, Trade, and Hazardous Ma- and safety standards are necessary if lation to regulate the boxing industry. terials of the Committee on Commerce, boxing is to prosper and fighters are to Their leadership on this issue has for his kindness in yielding time to me. be protected. helped educate and motivate members If he should need more time, and I am This legislation before us tonight on both sides of the aisle, enabling us controlling 10 minutes, I will yield it leaves the regulation of boxing with to at last reach agreement on legisla- back to him, but for now I will use his the State commissions, and it sets a tion at this time. While the bill before time. basic code of conduct and minimum us today is perhaps more minimal in Mr. Speaker, I want to begin by health and safety standards to assist scope than my colleagues would prefer, thanking my Republican colleagues, the State commissions in the protec- it does include a number of provisions the gentleman from Ohio [Mr. OXLEY], tion of fighters in their workplace, the that should satisfy some of their long- the gentleman from Virginia [Mr. BLI- ring. term interests in seeing improvements LEY], and over on the Committee on One of the most important provisions made by the boxing industry. Economic and Educational Opportuni- in this legislation is the establishment The purpose of this bill should not ties, the gentleman from Pennsylvania of a boxer passport system. This provi- surprise many. Numerous problems as- [Mr. GOODLING], and the gentleman sion will essentially prevent a fighter sociated with the sport of boxing are from North Carolina [Mr. BALLENGER], who is knocked out in one State and not new, and have proven persistent for their kindness in bringing this bill then changes his name and fights under over many years. Observers of the in- forward and allowing me to be the the false name in another State the dustry have criticized it for a number prime sponsor of it. next night, even though the boxer him- of reasons including: inadequate health Without their generosity, Mr. Speak- self is physically at risk. A passport er, it may have been that I would not and safety standards for the athletes; system will stop that terrible practice. have been able to gain this recognition, industry corruption; exploitation of I must say I think that potentially deserved or not, for 18 years of work on the fighters; organized crime influence; the weakest provision in the bill is the this issue. definition of how a State boxing com- and blatant conflict of interest be- Mr. Speaker, it was not 18 years but mission should be organized. The legis- tween regulatory and sanctioning bod- 35 years ago that the first proposal to lation allows States to privatize their ies. But despite a considerable amount reform the sport of boxing was intro- commissions. We may find that that of congressional scrutiny and various duced. It was done so by then Senator move toward privatized commissions is legislative proposals, no specific Fed- Estes Kefauver of Tennessee. That leg- a mistake. However, I also believe that eral law dealing with professional box- islation was aimed at trying to prevent the conflict of interest provisions of ing has been enacted. By passing H.R. what Senator Kefauver then believed the bill will mean that there will be 4167 today, the House can improve this was mob control of the sport. His legis- record. lation would have set up a commission little chance for boxing ranking orga- Mr. Speaker, as I stated earlier, the under the Department of Justice to in- nizations or promoters to capture con- bill before us was crafted with biparti- vestigate fights. That legislation was trol of these privatized commissions. This legislation gives the States the san cooperation in both bodies. It is a not passed, and since that time there chance to bring the sport of boxing good bill that addresses many of the have been many attempts to resurrect most distressing problems in the sport the issue and reform the ‘‘sweet under control, and I am certain that of boxing. In particular, H.R. 4167 in- science.’’ the existing State commissions are up cludes a provision which will put an The issue lay dormant until early in to the task. The legislation is, in fact, end to conflicts of interest between the 1970’s, when then Congressman Van simply an attempt by the Congress of regulatory and sanctioning bodies in Derling wanted to regulate television’s the United States to provide for those the industry. In addition, the bill in- influence on the sport under the Fed- athletes who labor in the ring the basic cludes minimum health and safety re- eral Communications Commission. worker protections that the United quirements to better protect boxers Later, former Congressman Ed Beard States provides for all other workers in and expands the State oversight role of wanted to establish a Federal boxing their workplace. I urge my colleagues the industry. commission. None of these efforts were to support it. Mr. Speaker, we could probably go successful. Finally, I again want to thank Chair- further in our efforts to regulate the Then I and some others came on the man OXLEY and my colleagues and boxing industry and clean up more scene in 1979, and with the House Com- friends on the Republican side for their problems which surely exist in some mittee on Labor held several days of generosity in allowing H.R. 4167, the quarters of the sport. However, I be- hearings on the safety of the sport and bill which I have sponsored along with lieve this legislation will yield some possible avenues of reform, and we ap- Chairman OXLEY and Congressman positive changes in the industry and proached it as a matter of protecting MANTON, to come before us tonight. the House should be proud to adopt it. workers in their workplace. The work- Mr. Speaker, I am pleased to rise today in As a cosponsor of the bill and ranking ers are fighters. Their workplace is the support of H.R. 4167. I have worked on this minority member of the Commerce, ring. issue for 18 years and I want to thank my col- Trade, and Hazardous Materials Sub- leagues on the Economic Opportunities and b committee, I urge my colleagues to 2100 Commerce Committees for their work and as- support the measure. Those hearings opened 18 years of sistance on this legislation and I urge your Mr. Speaker, I reserve the balance of discussion and more than a dozen bills support for my bill. my time. aimed at the setting of minimum It was 35 years ago that the first proposal Mr. OXLEY. Mr. Speaker, I yield my- health and safety standards for boxing. to reform the sport of boxing was introduced self such time as I may consume. But even those efforts, until tonight, by then Senator Estes Kefauver. This legisla- Mr. Speaker, I recognize the gen- fell short, primarily for two reasons. tion was aimed at the stopping of mob control tleman from Montana [Mr. WILLIAMS] One was the difficult job of reassuring of the sport and set up a commission under for his strong work in this area for a folks in the sport of boxing that mini- the Department of Justice to investigate any il- number of years, working to get a bill mum standards are indeed in the fight- legal fights. That legislation was not passed passed. I think we are just about there. er’s best interest, and the second rea- and since that time there has been many at- We would not have been there without son was in setting just the right bal- tempts to resurrect this issue and reform the the efforts of the gentleman from Mon- ance between State commissions and ``sweet science.'' tana. any Federal assistance. In the 1970's Congressman Van Derling Mr. Speaker, I am pleased to yield The bill before us today is the prod- wanted to regulate television's influence on such time as he may consume to my uct of all those years of congressional the sport under the Federal Communication September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11157 Commission and Congressman Beard wanted denied fighters basic protections and the result mine on the Economic and Educational Op- to establish a Federal boxing commission has been needless injury and death. portunities Committee, PAT WILLIAMS' effort under the Department of Labor. None of these The House of Representatives has passed over the years with regard to issues in the efforts was successful and in 1979 our House reforms one other timeÐonly to have the bill sport of boxing has helped to focus attention Labor Committee held several days of hear- die in the Senate. Senator MCCAIN has on the seriousness of the problems which ings on the safety of the sport and possible worked tirelessly on this legislation and is in exist in the sport and which, hopefully, will be avenues of reform. These hearings opened 18 agreement with the House's bipartisan pro- reduced as a result of this legislation. I also years of discussion and more than a dozen posal. Let's not deny fighters these reforms; appreciate the efforts of the athletic commis- bills aimed at the setting of minimum health they are long overdue. sion in my State of Pennsylvania and their as- and safety standards for boxers. These bills all Mr. MANTON. Mr. Speaker, I have no sistance in improving the bill. fell short primarily for two reasons: one was further requests for time, and I yield H.R. 4167 is identical to H.R. 1186, as re- the difficult job of reassuring folks in the sport back the balance of my time. ported by the Committee on Commerce on of boxing that minimum standards are in the Mr. OXLEY. Mr. Speaker, in closing, September 18, 1996. H.R. 1186 was intro- sport's best interest, and the second reason let me just again thank the gentleman duced by Representative MICHAEL OXLEY on was in setting just the right balance between from Montana for his leadership. As all March 9, 1995 and referred to the Committee State commissions and any Federal assist- of you know, this is PAT WILLIAMS’ last on Economic and Educational Opportunities, ance. term, he is retiring, will be leaving and in addition, to the Committee on Com- The bill before us today is the product of all Congress after a distinguished number merce, which ordered the bill favorably re- those years of discussion and debate. Be- of years here. This is in many ways a ported by voice vote. Given the impending ad- cause of continual scandal and increasing fan tribute to PAT WILLIAMS and his dedi- journment and since I support the Commerce disillusionment, the sport and its fans have cated service here in the Congress. I Committee reported bill, I saw no reason to long ago been convinced that minimum health wanted to point that out to the Mem- slow the legislative process, thus the Commit- and safety standards were absolutely nec- bers and for the record. tee on Economic and Educational Opportuni- essary if the sport was to prosper and fighters Also, to thank the gentleman from ties did not report H.R. 1186 and I intend no be protected, and during those years the State New York, Mr. MANTON, my ranking prejudice to jurisdiction by these events. boxing commissions have their own standards member; also the gentleman from Vir- H.R. 4167 is being considered today in lieu and professional organizations. This legislation ginia, Mr. BLILEY, the chairman; the of H.R. 1186 and the legislative history which leaves the regulation of boxing with the State gentleman from Michigan, Mr. DIN- accompanies H.R. 1186 should be deemed to commissions, and it sets a basic code of con- GELL, as well, the ranking member; be part of the legislative history of H.R. 4167. duct and minimum health and safety stand- Senator MCCAIN who had worked so fe- The jurisdiction of the Committee on Economic ards to assist those commissions in the pro- verishly on this bill; and last, the gen- and Educational Opportunities and the Com- tection of fighters in their workplaceÐthe ring. tleman from New Mexico, BILL RICH- mittee on Commerce should not be prejudiced One of the most important provisions in this ARDSON, who has had an interest in this by these events. legislation is the establishment of the boxer issue and was one of those I had men- Mr. RICHARDSON. Mr. Speaker, I rise in passport system. This provision will essentially tioned that wanted to go further with support of H.R. 4167, the Professional Boxing stop a fighter from being knocked out in one this legislation but was kind enough to Safety Act of 1996. But, I want to express State and then changing names and fighting in work on a compromise with an under- some serious reservations that I have with this another State even though they are physically standing that we would work together piece of legislation. at risk. This legislation sets basic safety stand- in the next Congress on some other leg- Let me start out by saying thank you to the ards for any fight, and it also carries a provi- islation dealing with the boxing issue. many people that have worked on professional sion that will have the appropriate Federal Mr. Speaker, I ask for a favorable boxing legislation this year and in the past: agencies conduct a study of what minimum consideration of the bill, and I yield Senator MCCAIN; Senators ROTH of Delaware; health and safety provisions should include back the balance of my time. Bryan of Nevada; DORGAN of North Dakota; and also how the sport might provide a basic Mr. WILLIAMS. Mr. Speaker, I yield PAT WILLIAMS; MAJOR OWENS; TOM MANTON; pension system. This study will be presented myself 30 seconds. and Jim Florio. to the next Congress to consider strengthen- I would thank our friend and col- I would especially like to thank Chairman ing the mandatory requirements of the bill. league, Senator MCCAIN, who I think, BLILEY, MIKE OXLEY, and Ranking Member The weakest provision in the bill is the defi- as everyone interested in this bill JOHN DINGELL for their work in shepherding nition of how a State boxing commission knows, started the process in this Con- this bill through a reluctant Commerce Com- should be organized. This legislation allows gress in the Senate and has worked mittee. Finally, I would like to thank Gary States to privatize their commissions. We may tirelessly, even though a Senator, to Galemore of the Congressional Research find that the move toward privatized commis- help get this bill to the floor of the Service who has crafted various boxing bill's sions is a mistake. However, I also believe House tonight. I do not think we would since 1977. that the conflict of interest provisions of the bill have gotten there without Senator Since my initial election to the House in will mean that there will be little chance for MCCAIN and we are very grateful to 1983, I have associated myself with Congres- boxing ranking organizations or promoters to him. sional efforts to enact meaningful reform that capture control of key commissionsÐeven Mr. GOODLING. Mr. Speaker, I rise today in adequately addresses the serious problems under privatization. I want to commend my support of the Professional Boxing Safety Act that plague the professional boxing world. colleagues on the Commerce Committee for of 1996. This legislation establishes minimum Although these efforts were initiated by Sen- their effort on this provision. I believe that as health and safety requirements for profes- ator Estes Kefauver in the 1960s, Congress the State commissions are strengthened then sional boxers and will improve the ability of has been unable to enact meaningful reform. there will be less reason for States to consider State authorized boxing commissions to prop- Numerous hearings and investigations have privatization. erly oversee professional boxing matches. uncovered a world of improprieties that range This legislation gives the States the chance Currently, State athletic commissions have from the influence of organized crime to atro- to bring the sport of boxing under control and differing policies with regard to boxing. In one cious health adn safety conditions for profes- I am certain that the existing commissions will State, boxers, promoters, and managers may sional boxers. be up to the task, with our assistance. If we be required to meet certain standards, while Consider a sport that is heavily influenced do not take this action today, or if the States another State may have no requirements or by the likes of Don King, a convicted felon do not live up to the challenge, then I believe safety and health standards at all. The bill who could not testify before congressional we will see the continued downward spiral of which we are considering today will make it committees because he was under a perennial both the sport and fan confidence. easier for States to share information on sus- FBI investigation. This legislation is, in fact, simply an attempt pensions of boxers and will help to ensure that The most notable discovery of these inves- to provide for folks who labor in the ring the all boxing matches are properly supervised by tigations is the existence of a haphazard basic worker protections we provide for almost the appropriate State officials. patchwork of state rules governing the sport of all other workers. The decentralized nature of I would like to acknowledge the personal in- boxing. This non-system of health and safety the sport has promoted minimum regulation terest and hard work of the sponsors of the standards endangers the lives of thousands of because those States that enforce strict stand- bill, Representative PAT WILLIAMS and Rep- young men who pursue boxing careers as a ards simply lose future fights. This flaw has resentative MICHAEL OXLEY. As a colleague of form of employment. H11158 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Consider a sport that will not allow Tommy First, this bill takes the important step of continued to be a constructive force in forging Morrison to fight in New York because he has creating minimal Federal health and safety this bipartisan compromise. His efforts are tested HIV positive, ye Morrison can go to an- standards. This will send an important signal greatly appreciated. other State that has no testing requirements to the boxing industry that certain standards Second, I commend my good friend from and fight. have to be met in order to conduct a match. Montana [Mr. WILLIAMS], the sponsor of this Boxing enthusiasts both in Congress and in Most importantly, this will set precedent in get- legislation. He has made many lasting con- the industry have agreed that legislation ting Congress involved in a serious matter that tributions to the debate in this particular area. should require some form of Federal oversight has for too long been overlooked. Unfortunately, he has announced his retire- to properly implement health and safety stand- Second, the bill includes a provision crafted ment at the end of this Congress. All of us will ards. by Ranking Member Dingell that will prohibit miss the leadership he has exhibited during Let me make some points to my colleagues the numerous conflicts of interest that per- his distinguished tenure in this body on this bill who argue that Congress has no role in the meate the relationship of regulators and those and, more importantly, on many other issues affairs of boxing. The provisions of the regulated. I sincerely believe that this provi- of national concern. McCain-Oxley bill fit comfortably under the sion will go a long way in cleaning up the less- I urge all my colleagues to support this bi- broad reach of the Commerce Clause. The than-reputable business relationships that partisan legislation and yield back the time of interstate character of the industry has been have damaged the integrity of the sport. my balance. recognized by the Supreme Count in connec- I am supporting this measure because I love Mr. WILLIAMS. Mr. Speaker, I yield tion with anti-trust regulation. The Court held the sport of boxing. Let me again say that this back the balance of my time. is the best bill that Congress can enact. But that ``the promotion of professional champion- The SPEAKER pro tempore (Mr. ship boxing contests on a multistate basis, you can be sure thatÐunless real reform be- BURTON of Indiana). The question is on comes apparent to CongressÐthis is not the coupled with sale of rights to televise, broad- the motion offered by the gentleman cast, and film the contests for interstate trans- last round of this fight. from Ohio [Mr. OXLEY] that the House mission'' constitutes interstate commerce. Mr. DINGELL. Mr. Speaker, the House Commerce Committee has a long history of in- suspend the rules and pass the bill, RESERVATIONS WITH THE MC CAIN-OXLEY BILL H.R. 4167. Because I believe the McCain-Oxley bill is a vestigating problems in professional boxing. Since 1965, the committee has held numerous The question was taken; and (two- good first stepÐparticularly the inclusion of thirds having voted in favor thereof) the Dingell amendmentÐI shall support it. hearings and considered a broad array of leg- islation in this area. Over the years, persistent the rules were suspended and the bill However, I believe the bill comes up short in was passed. critical areas. I am afraid that without some allegations of serious improprieties have A motion to reconsider was laid on degree of Federal oversight the unsavory ele- plagued professional boxing, including: First, the table. ments of boxing will retain their influence with inadequate health and safety protections for boxers; second, organized crime influence; state boxing commissions and continue to f work their will. third, boxer exploitation; fourth, fan deception, Simply put the bill does not address the such as mismatches and fixed contests; fifth, main problem with boxing standards: lack of blatant conflicts of interest between regulators CONFERENCE REPORT ON S. 640, enforcement. and those who promote and arrange matches; WATER RESOURCES DEVELOP- The bill's reliance on U.S. Attorneys to en- sixth, market monopolization; seventh, the in- MENT ACT OF 1996 force the health and safety provisions is an dustry's inability to police itself; and eighth, the Mr. BOEHLERT submitted the fol- extraordinary leap of faith on the part of this inadequacy of existing regulation at the State lowing conference report and state- Congress. However, I commend the bill's au- and local levels. Despite a variety of efforts, ment on the Senate bill (S. 640) to pro- thors for their efforts to include provisions de- no law has been enacted to date. vide for the conservation and develop- signed to increase the interaction of state box- During the past few weeks, Representative ment of water and related resources, to ing officials and local law enforcement. MANTON and I have worked with Chairmen authorize the Secretary of the Army to Without specific enforcement mechanisms BLILEY and OXLEY, Representative WILLIAMS, construct various projects for improve- designed to administer the legislation's new Senators MCCAIN and BRYAN, and with others, ments to rivers and harbors of the standards, we are forced to rely on state box- to seek a consensus on this legislation. Last United States, and for other purposes: ing commissions to police the sport. If we week, the Commerce Committee reported the CONFERENCE REPORT (H. REPORT. 104–843) have learned anything since Estes Kefauver same bill we are considering today by voice first began investigating boxing, it is that state vote. I believe this compromise represents a The committee of conference on the dis- positive step forward in trying to address some agreeing votes of the two Houses on the boxing commissionsÐwith several notable ex- amendment of the House to the bill (S. 640), ceptions like New York and NevadaÐare in- of the most egregious problems in the boxing to provide for the conservation and develop- capable, unwilling, or deliberately choosing not industry. ment of water and related resources, to au- to enforce their own rules. In particular, I support the bill because it in- thorize the Secretary of the Army to con- While I recognize the political constraints of cludes a provision that prohibits State boxing struct various projects for improvements to enacting boxing legislation, I still feel that we regulators from contracting with, belonging to, rivers and harbors of the United States, and will need to provide some legitimizing entity or receiving compensation from the boxing or- for other purposes, having met, after full and that allows honorable boxing interests to take ganizations they are charged with regulating. free conference, have agreed to recommend the reins and lead the boxing industry to even- This should help address conflicts of interest and do recommend to their respective Houses between State regulators and the industry. It as follows: tual self-regulation. We need to motivate the That the Senate recede from its disagree- industry to clean up its own house. will not clean up all problems in the industry. ment to the amendment of the House and I have maintained all along that this is the But it is a positive step. It will lend credibility agree to the same with an amendment as fol- bill that Don King supports because it will put to State regulatory activities and prohibit in- lows: to rest the annual congressional review of the cestuous relationships that too many State of- In lieu of the matter proposed to be in- boxing industry. But I have retained assur- ficials have developed with the boxing indus- serted by the House amendment, insert the ances from Senator MCCAIN that Congress will try. following: not abandon this issue. We intend to monitor There are those who argue the bill does not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the effectiveness of this bill and if necessary go far enough and others who argue it goes (a) SHORT TITLE.—This Act may be cited as will craft further legislation to right the wrongs too far. On balance, I believe the bill rep- the ‘‘Water Resources Development Act of 1996’’. that plague the boxing industry. resents a sound bipartisan compromise that (b) TABLE OF CONTENTS.— I have received assurances that my con- will strengthen State regulatory activities and Sec. 1. Short title; table of contents. cerns will receive scrutiny either from a Gen- promote improved health and safety stand- Sec. 2. Definition. eral Accounting Office [GAO] study, a Presi- ards. TITLE I—WATER RESOURCES PROJECTS dent Commission on boxing, or both. I want to single out two Members for their Sec. 101. Project authorizations. I encourage my colleagues to join me in is- contributions and leadership in this area. First, Sec. 102. Small flood control projects. suing a challenge to the State Boxing Com- I commend our colleague, Mr. RICHARDSON. Sec. 103. Small bank stabilization projects. missioners: Clean up the sport, or Congress Over the years, he has authored several bills Sec. 104. Small navigation projects. will. to improve oversight and regulation of the box- Sec. 105. Small shoreline protection projects. Mr. Speaker, I am supporting the McCain- ing industry. I understand his concerns that Sec. 106. Small snagging and sediment removal Oxley legislation because it makes headway in this bill does not go as far as he would prefer. project, Mississippi River, Little two important areas. Despite his misgivings, Mr. RICHARDSON has Falls, Minnesota. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11159 Sec. 107. Small projects for improvement of the Sec. 324. Baptiste Collette Bayou, Louisiana. Sec. 422. Little Calumet River, Indiana. environment. Sec. 325. Lake Pontchartrain, Louisiana. Sec. 423. Tippecanoe River watershed, Indiana. TITLE II—GENERAL PROVISIONS Sec. 326. Mississippi River-Gulf Outlet, Louisi- Sec. 424. Calcasieu River, Hackberry, Louisi- ana. ana. Sec. 201. Cost sharing for dredged material dis- Sec. 327. Tolchester Channel, Maryland. Sec. 425. Morganza, Louisiana, to Gulf of Mex- posal areas. Sec. 328. Cross Village Harbor, Michigan. ico. Sec. 202. Flood control policy. Sec. 329. Saginaw River, Michigan. Sec. 426. Huron River, Michigan. Sec. 203. Cost sharing for feasibility studies. Sec. 330. Sault Sainte Marie, Chippewa County, Sec. 427. City of North Las Vegas, Clark Coun- Sec. 204. Restoration of environmental quality. Michigan. ty, Nevada. Sec. 205. Environmental dredging. Sec. 331. St. Johns Bayou and New Madrid Sec. 428. Lower Las Vegas Wash wetlands, Sec. 206. Aquatic ecosystem restoration. Floodway, Missouri. Clark County, Nevada. Sec. 207. Beneficial uses of dredged material. Sec. 332. Lost Creek, Columbus, Nebraska. Sec. 429. Northern Nevada. Sec. 208. Recreation policy and user fees. Sec. 333. Passaic River, New Jersey. Sec. 430. Saco River, New Hampshire. Sec. 209. Recovery of costs. Sec. 334. Acequias irrigation system, New Mex- Sec. 431. Buffalo River greenway, New York. Sec. 210. Cost sharing for environmental ico. Sec. 432. Coeymans, New York. projects. Sec. 335. Jones Inlet, New York. Sec. 433. New York Bight and Harbor study. Sec. 211. Construction of flood control projects Sec. 336. Buford Trenton Irrigation District, Sec. 434. Port of Newburgh, New York. by non-Federal interests. North Dakota. Sec. 435. Port of New York-New Jersey naviga- Sec. 212. Engineering and environmental inno- Sec. 337. Reno Beach-Howards Farm, Ohio. tion study. vations of national significance. Sec. 338. Broken Bow Lake, Red River Basin, Sec. 436. Shinnecock Inlet, New York. Sec. 213. Lease authority. Oklahoma. Sec. 437. Chagrin River, Ohio. Sec. 214. Collaborative research and develop- Sec. 339. Wister Lake project, Leflore County, Sec. 438. Cuyahoga River, Ohio. ment. Oklahoma. Sec. 439. Columbia Slough, Oregon. Sec. 215. National dam safety program. Sec. 340. Bonneville Lock and Dam, Columbia Sec. 440. Charleston, South Carolina. Sec. 216. Hydroelectric power project uprating. River, Oregon and Washington. Sec. 441. Oahe Dam to Lake Sharpe, South Da- Sec. 217. Dredged material disposal facility Sec. 341. Columbia River dredging, Oregon and kota. partnerships. Washington. Sec. 442. Mustang Island, Corpus Christi, Sec. 218. Obstruction removal requirement. Sec. 342. Lackawanna River at Scranton, Penn- Texas. Sec. 219. Small project authorizations. sylvania. Sec. 443. Prince William County, Virginia. Sec. 220. Uneconomical cost-sharing require- Sec. 343. Mussers Dam, Middle Creek, Snyder Sec. 444. Pacific Region. ments. County, Pennsylvania. Sec. 445. Financing of infrastructure needs of Sec. 221. Planning assistance to States. Sec. 344. Schuylkill River, Pennsylvania. small and medium ports. Sec. 222. Corps of Engineers expenses. Sec. 345. South Central Pennsylvania. Sec. 446. Evaluation of beach material. Sec. 223. State and Federal agency review pe- Sec. 346. Wyoming Valley, Pennsylvania. riod. TITLE V—MISCELLANEOUS PROVISIONS Sec. 347. Allendale Dam, North Providence, Sec. 224. Section 215 reimbursement limitation Sec. 501. Land conveyances. Rhode Island. per project. Sec. 502. Namings. Sec. 348. Narragansett, Rhode Island. Sec. 225. Melaleuca. Sec. 503. Watershed management, restoration, Sec. 349. Clouter Creek disposal area, Charles- Sec. 226. Sediments decontamination tech- and development. ton, South Carolina. nology. Sec. 504. Environmental infrastructure. Sec. 350. Buffalo Bayou, Texas. Sec. 227. Shore protection. Sec. 505. Corps capability to conserve fish and Sec. 351. Dallas floodway extension, Dallas, Sec. 228. Conditions for project deau- wildlife. Texas. thorizations. Sec. 506. Periodic beach nourishment. Sec. 352. Grundy, Virginia. Sec. 229. Support of Army civil works program. Sec. 507. Design and construction assistance. Sec. 353. Haysi Lake, Virginia. Sec. 230. Benefits to navigation. Sec. 508. Lakes program. Sec. 354. Rudee Inlet, Virginia Beach, Virginia. Sec. 231. Loss of life prevention. Sec. 509. Maintenance of navigation channels. Sec. 355. Virginia Beach, Virginia. Sec. 232. Scenic and aesthetic considerations. Sec. 510. Chesapeake Bay environmental res- Sec. 356. East Waterway, Washington. Sec. 233. Termination of technical advisory toration and protection program. Sec. 357. Bluestone Lake, West Virginia. committee. Sec. 511. Research and development program to Sec. 358. Moorefield, West Virginia. Sec. 234. Interagency and international support improve salmon survival. Sec. 359. Southern West Virginia. authority. Sec. 512. Columbia River Treaty fishing access. Sec. 360. West Virginia trailhead facilities. Sec. 235. Sense of Congress; requirement regard- Sec. 513. Great Lakes confined disposal facili- Sec. 361. Kickapoo River, Wisconsin. ing notice. ties. Sec. 362. Teton County, Wyoming. Sec. 236. Technical corrections. Sec. 514. Great Lakes dredged material testing Sec. 363. Project reauthorizations. Sec. 237. Hopper dredges. and evaluation manual. Sec. 364. Project deauthorizations. TITLE III—PROJECT-RELATED PROVISIONS Sec. 515. Great Lakes remedial action plans and Sec. 365. Mississippi Delta Region, Louisiana. sediment remediation. Sec. 301. Project modifications. Sec. 366. Monongahela River, Pennsylvania. Sec. 302. Mobile Harbor, Alabama. Sec. 516. Sediment management. TITLE IV—STUDIES Sec. 303. Nogales Wash and Tributaries, Ari- Sec. 517. Extension of jurisdiction of Mississippi zona. Sec. 401. Corps capability study, Alaska. River Commission. Sec. 304. White River Basin, Arkansas and Mis- Sec. 402. Red River, Arkansas. Sec. 518. Sense of Congress regarding St. Law- souri. Sec. 403. McDowell Mountain, Arizona. rence Seaway tolls. Sec. 305. Channel Islands Harbor, California. Sec. 404. Nogales Wash and tributaries, Ari- Sec. 519. Recreation partnership initiative. Sec. 306. Lake Elsinore, California. zona. Sec. 520. Field office headquarters facilities. Sec. 307. Los Angeles and Long Beach Harbors, Sec. 405. Garden Grove, California. Sec. 521. Earthquake Preparedness Center of San Pedro Bay, California. Sec. 406. Mugu Lagoon, California. Expertise expansion. Sec. 308. Los Angeles County drainage area, Sec. 407. Murrieta Creek, Riverside County, Sec. 522. Jackson County, Alabama. California. California. Sec. 523. Benton and Washington Counties, Ar- Sec. 309. Prado Dam, California. Sec. 408. Pine Flat Dam fish and wildlife habi- kansas. Sec. 310. Queensway Bay, California. tat restoration, California. Sec. 524. Heber Springs, Arkansas. Sec. 311. Seven Oaks Dam, California. Sec. 409. Santa Ynez, California. Sec. 525. Morgan Point, Arkansas. Sec. 312. Thames River, Connecticut. Sec. 410. Southern California infrastructure. Sec. 526. Calaveras County, California. Sec. 313. Canaveral Harbor, Florida. Sec. 411. Stockton, California. Sec. 527. Faulkner Island, Connecticut. Sec. 314. Captiva Island, Florida. Sec. 412. Yolo Bypass, Sacramento-San Joaquin Sec. 528. Everglades and South Florida eco- Sec. 315. Central and Southern Florida, Canal Delta, California. system restoration. 51. Sec. 413. West Dade, Florida. Sec. 529. Tampa, Florida. Sec. 316. Central and Southern Florida, Canal Sec. 414. Savannah River Basin comprehensive Sec. 530. Watershed management plan for Deep 111. water resources study. River Basin, Indiana. Sec. 317. Jacksonville Harbor (Mill Cove), Flor- Sec. 415. Chain of Rocks Canal, Illinois. Sec. 531. Southern and Eastern Kentucky. ida. Sec. 416. Quincy, Illinois. Sec. 532. Coastal wetlands restoration projects, Sec. 318. Panama City Beaches, Florida. Sec. 417. Springfield, Illinois. Louisiana. Sec. 319. Chicago, Illinois. Sec. 418. Beauty Creek watershed, Valparaiso Sec. 533. Southeast Louisiana. Sec. 320. Chicago Lock and Thomas J. O’Brien City, Porter County, Indiana. Sec. 534. Assateague Island, Maryland and Vir- Lock, Illinois. Sec. 419. Grand Calumet River, Hammond, Indi- ginia. Sec. 321. Kaskaskia River, Illinois. ana. Sec. 535. Cumberland, Maryland. Sec. 322. Locks and Dam 26, Alton, Illinois and Sec. 420. Indiana Harbor Canal, East Chicago, Sec. 536. William Jennings Randolph Access Missouri. Lake County, Indiana. Road, Garrett County, Maryland. Sec. 323. White River, Indiana. Sec. 421. Koontz Lake, Indiana. Sec. 537. Poplar Island, Maryland. H11160 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Sec. 538. Erosion control measures, Smith Is- in accordance with the plans, and subject to the $5,840,000, with an estimated Federal cost of land, Maryland. conditions, described in the respective reports $4,670,000 and an estimated non-Federal cost of Sec. 539. Restoration projects for Maryland, designated in this subsection: $1,170,000. Pennsylvania, and West Virginia. (1) AMERICAN RIVER WATERSHED, CALIFOR- (7) SANTA MONICA BREAKWATER, CALIFORNIA.— Sec. 540. Control of aquatic plants, Michigan, NIA.— The project for hurricane and storm damage re- Pennsylvania, and Virginia and (A) IN GENERAL.—The project for flood dam- duction, Santa Monica Breakwater, Santa North Carolina. age reduction, American and Sacramento Riv- Monica, California: Report of the Chief of Engi- Sec. 541. Duluth, Minnesota, alternative tech- ers, California: Report of the Chief of Engineers, neers, dated June 7, 1996, at a total cost of nology project. dated June 27, 1996, at a total cost of $56,900,000, $6,440,000, with an estimated Federal cost of Sec. 542. Lake Superior Center, Minnesota. with an estimated Federal cost of $42,675,000 $4,220,000 and an estimated non-Federal cost of Sec. 543. Redwood River basin, Minnesota. and an estimated non-Federal cost of $2,220,000. Sec. 544. Coldwater River Watershed, Mis- $14,225,000, consisting of— (8) ANACOSTIA RIVER AND TRIBUTARIES, DIS- sissippi. (i) approximately 24 miles of slurry wall in the TRICT OF COLUMBIA AND MARYLAND.—The Sec. 545. Natchez Bluffs, Mississippi. levees along the lower American River; project for environmental restoration, Anacostia Sec. 546. Sardis Lake, Mississippi. (ii) approximately 12 miles of levee modifica- River and Tributaries, District of Columbia and Sec. 547. St. Charles County, Missouri, flood tions along the east bank of the Sacramento Maryland: Report of the Chief of Engineers, protection. River downstream from the Natomas Cross dated November 15, 1994, at a total cost of Sec. 548. St. Louis, Missouri. Canal; $17,144,000, with an estimated Federal cost of Sec. 549. Libby Dam, Montana. (iii) 3 telemeter streamflow gauges upstream $12,858,000 and an estimated non-Federal cost of Sec. 550. Hackensack Meadowlands area, New from the Folsom Reservoir; and $4,286,000. Jersey. (iv) modifications to the flood warning system (9) ATLANTIC INTRACOASTAL WATERWAY, ST. Sec. 551. Hudson River habitat restoration, New along the lower American River. JOHNS COUNTY, FLORIDA.—The project for navi- York. (B) CREDIT TOWARD NON-FEDERAL SHARE.— gation, Atlantic Intracoastal Waterway, St. Sec. 552. New York City Watershed. The non-Federal interest shall receive credit to- Johns County, Florida: Report of the Chief of Sec. 553. New York State Canal System. ward the non-Federal share of project costs for Engineers, dated June 24, 1994, at a total Fed- Sec. 554. Orchard Beach, Bronx, New York. expenses that the non-Federal interest incurs eral cost of $15,881,000. Operation, maintenance, Sec. 555. Dredged material containment facility for design or construction of any of the features repair, replacement, and rehabilitation shall be for Port of New York-New Jersey. authorized under this paragraph before the date a non-Federal responsibility, and the non-Fed- Sec. 556. Queens County, New York. on which Federal funds are made available for eral interest shall assume ownership of the Sec. 557. Jamestown Dam and Pipestem Dam, construction of the project. The amount of the bridge. North Dakota. credit shall be determined by the Secretary. (10) CEDAR HAMMOCK (WARES CREEK), FLOR- Sec. 558. Northeastern Ohio. (C) INTERIM OPERATION.—Until such time as a IDA.—The project for flood control, Cedar Ham- Sec. 559. Ohio River Greenway. comprehensive flood damage reduction plan for mock (Wares Creek), Manatee County, Florida: Sec. 560. Grand Lake, Oklahoma. the American River watershed has been imple- Report of the Chief of Engineers, dated August Sec. 561. Broad Top region of Pennsylvania. mented, the Secretary of the Interior shall con- 23, 1996, at a total cost of $13,846,000, with an Sec. 562. Curwensville Lake, Pennsylvania. tinue to operate the Folsom Dam and Reservoir estimated Federal cost of $10,385,000 and an esti- Sec. 563. Hopper dredge McFarland. to the variable 400,000/670,000 acre-feet of flood mated non-Federal cost of $3,461,000. Sec. 564. Philadelphia, Pennsylvania. control storage capacity and shall extend the (11) LOWER SAVANNAH RIVER BASIN, GEORGIA Sec. 565. Seven Points Visitors Center, agreement between the Bureau of Reclamation AND SOUTH CAROLINA.—The project for environ- Raystown Lake, Pennsylvania. and the Sacramento Area Flood Control Agency mental restoration, Lower Savannah River Sec. 566. Southeastern Pennsylvania. with respect to the watershed. Basin, Georgia and South Carolina: Report of Sec. 567. Upper Susquehanna River basin, (D) OTHER COSTS.—The non-Federal interest the Chief of Engineers dated, July 30, 1996, at a Pennsylvania and New York. shall be responsible for— total cost of $3,431,000, with an estimated Fed- Sec. 568. Wills Creek, Hyndman, Pennsylvania. (i) all operation, maintenance, repair, replace- eral cost of $2,573,000 and an estimated non- Sec. 569. Blackstone River Valley, Rhode Island ment, and rehabilitation costs associated with Federal cost of $858,000. and Massachusetts. the improvements carried out under this para- (12) LAKE MICHIGAN, ILLINOIS.—The project Sec. 570. Dredged material containment facility graph; and for storm damage reduction and shoreline ero- for Port of Providence, Rhode Is- (ii) 25 percent of the costs incurred for the sion protection, Lake Michigan, Illinois, from land. variable flood control operation of the Folsom Wilmette, Illinois, to the Illinois-Indiana State Sec. 571. Quonset Point-Davisville, Rhode Is- Dam and Reservoir during the 4-year period be- line: Report of the Chief of Engineers, dated land. ginning on the date of the enactment of this Act April 14, 1994, at a total cost of $204,000,000, Sec. 572. East Ridge, Tennessee. and 100 percent of such costs thereafter. with an estimated Federal cost of $110,000,000 (2) HUMBOLDT HARBOR AND BAY, CALIFOR- Sec. 573. Murfreesboro, Tennessee. and an estimated non-Federal cost of NIA.—The project for navigation, Humboldt Har- Sec. 574. Tennessee River, Hamilton County, $94,000,000. The project shall include the break- bor and Bay, California: Report of the Chief of Tennessee. water near the South Water Filtration Plant de- Engineers, dated October 30, 1995, at a total cost Sec. 575. Harris County, Texas. scribed in the report as a separate element of the of $15,180,000, with an estimated Federal cost of Sec. 576. Neabsco Creek, Virginia. project, at a total cost of $11,470,000, with an es- $10,000,000 and an estimated non-Federal cost of Sec. 577. Tangier Island, Virginia. timated Federal cost of $7,460,000 and an esti- $5,180,000. Sec. 578. Pierce County, Washington. mated non-Federal cost of $4,010,000. The Sec- (3) MARIN COUNTY SHORELINE, SAN RAFAEL, Sec. 579. Greenbrier River Basin, West Virginia, retary shall reimburse the non-Federal interest CALIFORNIA.—The project for hurricane and flood protection. for the Federal share of any costs incurred by storm damage reduction, Marin County shore- Sec. 580. Lower Mud River, Milton, West Vir- the non-Federal interest— line, San Rafael, California: Report of the Chief ginia. (A) in reconstructing the revetment structures of Engineers, dated January 28, 1994, at a total Sec. 581. West Virginia and Pennsylvania flood protecting Solidarity Drive in Chicago, Illinois, cost of $28,300,000, with an estimated Federal control. if such work is determined by the Secretary to cost of $18,400,000 and an estimated non-Federal Sec. 582. Site designation. be a component of the project; and cost of $9,900,000. (B) in constructing the breakwater near the Sec. 583. Long Island Sound. (4) PORT OF LONG BEACH (DEEPENING), CALI- South Water Filtration Plant in Chicago, Illi- Sec. 584. Water monitoring station. FORNIA.—The project for navigation, Port of nois. Sec. 585. Overflow management facility. Long Beach (Deepening), California: Report of (13) KENTUCKY LOCK AND DAM, TENNESSEE Sec. 586. Privatization of infrastructure assets. the Chief of Engineers, dated July 26, 1996, at a RIVER, KENTUCKY.—The project for navigation, TITLE VI—EXTENSION OF EXPENDITURE total cost of $37,288,000, with an estimated Fed- Kentucky Lock and Dam, Tennessee River, Ken- AUTHORITY UNDER HARBOR MAINTE- eral cost of $14,318,000 and an estimated non- tucky: Report of the Chief of Engineers, dated NANCE TRUST FUND Federal cost of $22,970,000. June 1, 1992, at a total cost of $393,200,000. The Sec. 601. Extension of expenditure authority (5) SAN LORENZO RIVER, CALIFORNIA.—The costs of construction of the project are to be under Harbor Maintenance Trust project for flood control, San Lorenzo River, paid 1⁄2 from amounts appropriated from the Fund. California: Report of the Chief of Engineers, general fund of the Treasury and 1⁄2 from SEC. 2. DEFINITION. dated June 30, 1994, at a total cost of $21,800,000, amounts appropriated from the Inland Water- In this Act, the term ‘‘Secretary’’ means the with an estimated Federal cost of $10,900,000 ways Trust Fund. Secretary of the Army. and an estimated non-Federal cost of $10,900,000 (14) POND CREEK, JEFFERSON COUNTY, KEN- and habitat restoration, at a total cost of TUCKY.—The project for flood control, Pond TITLE I—WATER RESOURCES PROJECTS $4,050,000, with an estimated Federal cost of Creek, Jefferson County, Kentucky: Report of SEC. 101. PROJECT AUTHORIZATIONS. $3,040,000 and an estimated non-Federal cost of the Chief of Engineers, dated June 28, 1994, at (a) PROJECTS WITH CHIEF’S REPORTS.—Except $1,010,000. a total cost of $16,080,000, with an estimated as provided in this subsection, the following (6) SANTA BARBARA HARBOR, CALIFORNIA.— Federal cost of $10,993,000 and an estimated projects for water resources development and The project for navigation, Santa Barbara Har- non-Federal cost of $5,087,000. conservation and other purposes are authorized bor, California: Report of the Chief of Engi- (15) WOLF CREEK DAM AND LAKE CUMBERLAND, to be carried out by the Secretary substantially neers, dated April 26, 1994, at a total cost of KENTUCKY.—The project for hydropower, Wolf September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11161

Creek Dam and Lake Cumberland, Kentucky: $19,951,000, with an estimated Federal cost of (5) TERMINUS DAM, KAWEAH RIVER, CALIFOR- Report of the Chief of Engineers, dated June 28, $10,557,000 and an estimated non-Federal cost of NIA.—The project for flood control and water 1994, at a total cost of $53,763,000, with an esti- $9,394,000. supply, Terminus Dam, Kaweah River, Califor- mated non-Federal cost of $53,763,000. Funds de- (27) CHARLESTON HARBOR, SOUTH CAROLINA.— nia, at a total cost of $34,500,000, with an esti- rived by the Tennessee Valley Authority from its The project for navigation, Charleston Harbor mated Federal cost of $20,200,000 and an esti- power program and funds derived from any pri- Deepening and Widening, South Carolina: Re- mated non-Federal cost of $14,300,000. vate or public entity designated by the South- port of the Chief of Engineers, dated July 18, (6) REHOBOTH BEACH AND DEWEY BEACH, eastern Power Administration may be used to 1996, at a total cost of $116,639,000, with an esti- DELAWARE.—The project for storm damage re- pay all or part of the costs of the project. mated Federal cost of $71,940,000 and an esti- duction and shoreline protection, Rehoboth (16) PORT FOURCHON, LAFOURCHE PARISH, mated non-Federal cost of $44,699,000. Beach and Dewey Beach, Delaware, at a total LOUISIANA.—The project for navigation, Belle (28) BIG SIOUX RIVER AND SKUNK CREEK, SIOUX cost of $9,423,000, with an estimated Federal cost Pass and Bayou Lafourche, Louisiana: Report FALLS, SOUTH DAKOTA.—The project for flood of $6,125,000 and an estimated non-Federal cost of the Chief of Engineers, dated April 7, 1995, at control, Big Sioux River and Skunk Creek, of $3,298,000, and an estimated average annual a total cost of $4,440,000, with an estimated Fed- Sioux Falls, South Dakota: Report of the Chief cost of $282,000 for periodic nourishment over eral cost of $2,300,000 and an estimated non- of Engineers, dated June 30, 1994, at a total cost the 50-year life of the project, with an estimated Federal cost of $2,140,000. of $34,600,000, with an estimated Federal cost of annual Federal cost of $183,000 and an esti- (17) WEST BANK OF THE MISSISSIPPI RIVER, NEW $25,900,000 and an estimated non-Federal cost of mated annual non-Federal cost of $99,000. ORLEANS (EAST OF HARVEY CANAL), LOUISIANA.— $8,700,000. (7) BREVARD COUNTY, FLORIDA.—The project The project for hurricane damage reduction, (29) GULF INTRACOASTAL WATERWAY, ARANSAS for shoreline protection, Brevard County, Flor- West Bank of the Mississippi River in the vicin- NATIONAL WILDLIFE REFUGE, TEXAS.—The ida, at a total cost of $76,620,000, with an esti- ity of New Orleans (East of Harvey Canal), project for navigation and environmental pres- mated Federal cost of $36,006,000 and an esti- Louisiana: Report of the Chief of Engineers, ervation, Gulf Intracoastal Waterway, Aransas mated non-Federal cost of $40,614,000, and an dated May 1, 1995, at a total cost of $126,000,000, National Wildlife Refuge, Texas: Report of the estimated average annual cost of $2,341,000 for with an estimated Federal cost of $82,200,000 Chief of Engineers, dated May 28, 1996, at a periodic nourishment over the 50-year life of the and an estimated non-Federal cost of total cost of $18,283,000, with an estimated Fed- project, with an estimated annual Federal cost $43,800,000. eral cost of $18,283,000. of $1,109,000 and an estimated annual non-Fed- (18) BLUE RIVER BASIN, KANSAS CITY, MIS- (30) HOUSTON-GALVESTON NAVIGATION CHAN- eral cost of $1,232,000. SOURI.—The project for flood control, Blue River NELS, TEXAS.—The project for navigation and (8) LAKE WORTH INLET, FLORIDA.—The project Basin, Kansas City, Missouri: Report of the environmental restoration, Houston-Galveston for navigation and shoreline protection, Lake Chief of Engineers, dated September 5, 1996, at Navigation Channels, Texas: Report of the Chief Worth Inlet, Palm Beach Harbor, Florida, at a a total cost of $17,082,000, with an estimated of Engineers, dated May 9, 1996, at a total cost total cost of $3,915,000. Federal cost of $12,043,000 and an estimated of $298,334,000, with an estimated Federal cost of (9) MIAMI HARBOR CHANNEL, FLORIDA.—The non-Federal cost of $5,039,000. $197,237,000 and an estimated non-Federal cost project for navigation, Miami Harbor Channel, (19) WOOD RIVER, GRAND ISLAND, NEBRASKA.— of $101,097,000, and an average annual cost of Miami, Florida, at a total cost of $3,221,000, The project for flood control, Wood River, $786,000 for future environmental restoration with an estimated Federal cost of $1,800,000 and Grand Island, Nebraska: Report of the Chief of over the 50-year life of the project, with an esti- an estimated non-Federal cost of $1,421,000. Engineers, dated May 3, 1994, at a total cost of mated annual Federal cost of $590,000 and an (10) NEW HARMONY, INDIANA.—The project for $11,800,000, with an estimated Federal cost of estimated annual non-Federal cost of $196,000. streambank erosion protection, Wabash River at $6,040,000 and an estimated non-Federal cost of The removal of pipelines and other obstructions New Harmony, Indiana, at a total cost of $5,760,000. that are necessary for the project shall be ac- $2,800,000, with an estimated Federal cost of (20) LAS CRUCES, NEW MEXICO.—The project complished at non-Federal expense. Non-Fed- $2,100,000 and an estimated non-Federal cost of for flood control, Las Cruces, New Mexico: Re- eral interests shall receive credit toward cash $700,000. port of the Chief of Engineers, dated June 24, contributions required during construction and (11) WESTWEGO TO HARVEY CANAL, LOUISI- 1996, at a total cost of $8,278,000, with an esti- subsequent to construction for design and con- ANA.—The project for hurricane damage preven- mated Federal cost of $5,494,000 and an esti- struction management work that is performed by tion and flood control, West Bank Hurricane mated non-Federal cost of $2,784,000. non-Federal interests and that the Secretary de- Protection (Lake Cataouatche Area), Jefferson (21) ATLANTIC COAST OF LONG ISLAND, NEW termines is necessary to implement the project. Parish, Louisiana, at a total cost of $14,375,000, YORK.—The project for storm damage reduction, (31) MARMET LOCK, KANAWHA RIVER, WEST with an estimated Federal cost of $9,344,000 and Atlantic Coast of Long Island from Jones Inlet VIRGINIA.—The project for navigation, Marmet an estimated non-Federal cost of $5,031,000. to East Rockaway Inlet, Long Beach Island, Lock, Kanawha River, West Virginia: Report of (12) CHESAPEAKE AND DELAWARE CANAL, New York: Report of the Chief of Engineers, the Chief of Engineers, dated June 24, 1994, at MARYLAND AND DELAWARE.—The project for dated April 5, 1996, at a total cost of $72,091,000, a total cost of $229,581,000. The costs of con- navigation and safety improvements, Chesa- with an estimated Federal cost of $46,859,000 struction of the project are to be paid 1⁄2 from peake and Delaware Canal, Baltimore Harbor and an estimated non-Federal cost of amounts appropriated from the general fund of Connecting Channels, Delaware and Maryland, $25,232,000. the Treasury and 1⁄2 from amounts appropriated at a total cost of $82,800,000, with an estimated (22) CAPE FEAR—NORTHEAST (CAPE FEAR) RIV- from the Inland Waterways Trust Fund. Federal cost of $53,852,000 and an estimated ERS, NORTH CAROLINA.—The project for naviga- (b) PROJECTS SUBJECT TO REPORT.—The fol- non-Federal cost of $28,948,000. tion, Cape Fear—Northeast (Cape Fear) Rivers, lowing projects for water resources development (13) ABSECON ISLAND, NEW JERSEY.—The North Carolina: Report of the Chief of Engi- and conservation and other purposes are au- project for storm damage reduction and shore- neers, dated September 9, 1996, at a total cost of thorized to be carried out by the Secretary sub- line protection, Brigantine Inlet to Great Egg $221,735,000, with an estimated Federal cost of stantially in accordance with the plans, and Harbor Inlet, Absecon Island, New Jersey, at a $132,936,000 and an estimated non-Federal cost subject to the conditions, recommended in a total cost of $52,000,000, with an estimated Fed- of $88,799,000. final report (or in the case of the project de- eral cost of $34,000,000 and an estimated non- (23) WILMINGTON HARBOR, CAPE FEAR RIVER, scribed in paragraph (10), a Detailed Project Re- Federal cost of $18,000,000. NORTH CAROLINA.—The project for navigation, port) of the Corps of Engineers, if the report is SEC. 102. SMALL FLOOD CONTROL PROJECTS. Wilmington Harbor, Cape Fear and Northeast completed not later than December 31, 1996: The Secretary shall conduct a study for each Cape Fear Rivers, North Carolina: Report of the (1) CHIGNIK, ALASKA.—The project for naviga- of the following projects and, if the Secretary Chief of Engineers, dated June 24, 1994, at a tion, Chignik, Alaska, at a total cost of determines that the project is feasible, may total cost of $23,953,000, with an estimated Fed- $10,365,000, with an estimated Federal cost of carry out the project under section 205 of the eral cost of $15,572,000 and an estimated non- $4,282,000 and an estimated non-Federal cost of Flood Control Act of 1948 (33 U.S.C. 701s): Federal cost of $8,381,000. $6,083,000. (1) SOUTH UPLAND, SAN BERNADINO COUNTY, (24) DUCK CREEK, CINCINNATI, OHIO.—The (2) COOK INLET, ALASKA.—The project for CALIFORNIA.—Project for flood control, South project for flood control, Duck Creek, Cin- navigation, Cook Inlet, Alaska, at a total cost of Upland, San Bernadino County, California. cinnati, Ohio: Report of the Chief of Engineers, $5,700,000, with an estimated Federal cost of (2) BIRDS, LAWRENCE COUNTY, ILLINOIS.— dated June 28, 1994, at a total cost of $15,947,000, $3,700,000 and an estimated non-Federal cost of Project for flood control, Birds, Lawrence Coun- with an estimated Federal cost of $11,960,000 $2,000,000. ty, Illinois. and an estimated non-Federal cost of $3,987,000. (3) ST. PAUL ISLAND HARBOR, ST. PAUL, ALAS- (3) BRIDGEPORT, LAWRENCE COUNTY, ILLI- (25) WILLAMETTE RIVER TEMPERATURE CON- KA.—The project for navigation, St. Paul Har- NOIS.—Project for flood control, Bridgeport, TROL, MCKENZIE SUBBASIN, OREGON.—The bor, St. Paul, Alaska, at a total cost of Lawrence County, Illinois. project for environmental restoration, Willam- $18,981,000, with an estimated Federal cost of (4) EMBARRAS RIVER, VILLA GROVE, ILLINOIS.— ette River Temperature Control, McKenzie $12,239,000 and an estimated non-Federal cost of Project for flood control, Embarras River, Villa Subbasin, Oregon: Report of the Chief of Engi- $6,742,000. Grove, Illinois. neers, dated February 1, 1996, at a total Federal (4) NORCO BLUFFS, RIVERSIDE COUNTY, CALI- (5) FRANKFORT, WILL COUNTY, ILLINOIS.— cost of $38,000,000. FORNIA.—The project for bluff stabilization, Project for flood control, Frankfort, Will Coun- (26) RIO GRANDE DE ARECIBO, PUERTO RICO.— Norco Bluffs, Riverside County, California, at a ty, Illinois. The project for flood control, Rio Grande de total cost of $8,600,000, with an estimated Fed- (6) SUMNER, LAWRENCE COUNTY, ILLINOIS.— Arecibo, Puerto Rico: Report of the Chief of En- eral cost of $6,450,000 and an estimated non- Project for flood control, Sumner, Lawrence gineers, dated April 5, 1994, at a total cost of Federal cost of $2,150,000. County, Illinois. H11162 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(7) VERMILLION RIVER, DEMONADE PARK, LA- erosion problems affecting the pipeline crossing construction, repair, and preservation of certain FAYETTE, LOUISIANA.—Project for nonstructural the Allegheny River at Oil City, Pennsylvania, public works on rivers and harbors, and for flood control, Vermillion River, Demonade Park, including measures to address erosion affecting other purposes’’, approved March 2, 1945 (33 Lafayette, Louisiana. In carrying out the study the pipeline in the bed of the Allegheny River U.S.C. 603a; 59 Stat. 23). and the project (if any) under this paragraph, and its adjacent banks. SEC. 107. SMALL PROJECTS FOR IMPROVEMENT the Secretary shall use relevant information (3) CUMBERLAND RIVER, NASHVILLE, TEN- OF THE ENVIRONMENT. from the Lafayette Parish feasibility study and NESSEE.—Project for bank stabilization, Cum- The Secretary shall conduct a study for each expedite completion of the study under this berland River, Nashville, Tennessee. of the following projects and, if the Secretary paragraph. SEC. 104. SMALL NAVIGATION PROJECTS. determines that the project is appropriate, may (8) VERMILLION RIVER, QUAIL HOLLOW SUB- The Secretary shall conduct a study for each carry out the project under section 1135(a) of DIVISION, LAFAYETTE, LOUISIANA.—Project for of the following projects and, if the Secretary the Water Resources Development Act of 1986 nonstructural flood control, Vermillion River, determines that the project is feasible, may (33 U.S.C. 2309a(a)): Quail Hollow Subdivision, Lafayette, Louisiana. carry out the project under section 107 of the (1) PINE FLAT DAM, CALIFORNIA.—Project for In carrying out the study and the project (if River and Harbor Act of 1960 (33 U.S.C. 577): fish and wildlife habitat restoration, Pine Flat any) under this paragraph, the Secretary shall (1) AKUTAN, ALASKA.—Project for navigation, Dam, Kings River, California, including con- use relevant information from the Lafayette Akutan, Alaska, consisting of a bulkhead and a struction of a turbine bypass. Parish feasibility study and expedite completion wave barrier, including application of innova- (2) UPPER TRUCKEE RIVER, EL DORADO COUN- of the study under this paragraph. tive technology involving use of a permeable TY, CALIFORNIA.—Project for environmental res- (9) KAWKAWLIN RIVER, BAY COUNTY, MICHI- breakwater. toration, Upper Truckee River, El Dorado Coun- GAN.—Project for flood control, Kawkawlin (2) ILLINOIS AND MICHIGAN CANAL, ILLINOIS.— ty, California, including measures for restora- River, Bay County, Michigan. Project for navigation, Illinois and Michigan tion of degraded wetlands and wildlife enhance- (10) WHITNEY DRAIN, ARENAC COUNTY, MICHI- Canal, Illinois, including marina development at ment. GAN.—Project for flood control, Whitney Drain, Lock 14. (3) WHITTIER NARROWS DAM, CALIFORNIA.— Arenac County, Michigan. (3) GRAND MARAIS HARBOR BREAKWATER, Project for environmental restoration and reme- (11) FESTUS AND CRYSTAL CITY, MISSOURI.— MICHIGAN.—Project for navigation, Grand diation of contaminated water sources, Whittier Project for flood control, Festus and Crystal Marais Harbor breakwater, Michigan. Narrows Dam, California. City, Missouri. In carrying out the study and (4) DULUTH, MINNESOTA.—Project for naviga- (4) LOWER AMAZON CREEK, OREGON.—Project the project (if any) under this paragraph, the tion, Duluth, Minnesota. for environmental restoration, Lower Amazon Secretary shall use relevant information from (5) TACONITE, MINNESOTA.—Project for navi- Creek, Oregon, consisting of environmental res- the existing reconnaissance study and shall ex- gation, Taconite, Minnesota. toration measures relating to the flood reduction pedite completion of the study under this para- (6) TWO HARBORS, MINNESOTA.—Project for measures constructed by the Corps of Engineers graph. navigation, Two Harbors, Minnesota. and the related flood reduction measures con- (12) KIMMSWICK, MISSOURI.—Project for flood (7) CARUTHERSVILLE HARBOR, PEMISCOT COUN- structed by the Natural Resources Conservation control, Kimmswick, Missouri. In carrying out TY, MISSOURI.—Project for navigation, Service. the study and the project (if any) under this Caruthersville Harbor, Pemiscot County, Mis- (5) ASHLEY CREEK, UTAH.—Project for fish and paragraph, the Secretary shall use relevant in- souri, including enlargement of the existing har- wildlife restoration, Ashley Creek near Vernal, formation from the existing reconnaissance bor and bank stabilization measures. Utah. study and shall expedite completion of the study (8) NEW MADRID COUNTY HARBOR, MISSOURI.— (6) UPPER JORDAN RIVER, SALT LAKE COUNTY, under this paragraph. Project for navigation, New Madrid County UTAH.—Project for channel restoration and en- (13) RIVER DES PERES, ST. LOUIS COUNTY, MIS- Harbor, Missouri, including enlargement of the vironmental improvement, Upper Jordan River, SOURI.—Project for flood control, River Des existing harbor and bank stabilization measures. Salt Lake County, Utah. Peres, St. Louis County, Missouri. In carrying (9) BROOKLYN, NEW YORK.—Project for navi- TITLE II—GENERAL PROVISIONS out the study and the project (if any), the Sec- gation, Brooklyn, New York, including restora- retary shall determine the feasibility of potential SEC. 201. COST SHARING FOR DREDGED MATE- tion of the pier and related navigation support RIAL DISPOSAL AREAS. flood control measures, consider potential storm structures, at the Sixty-Ninth Street Pier. water runoff and related improvements, and co- (a) CONSTRUCTION.—Section 101(a) of the (10) BUFFALO INNER HARBOR, BUFFALO, NEW operate with the Metropolitan St. Louis Sewer Water Resources Development Act of 1986 (33 YORK.—Project for navigation, Buffalo Inner U.S.C. 2211(a); 100 Stat. 4082–4083) is amended— District. Harbor, Buffalo, New York, including enlarge- (14) MALTA, MONTANA.—Project for flood con- (1) in paragraph (2) by striking the last sen- ment of the existing harbor and bank stabiliza- trol, Malta, Montana. tence and inserting the following: ‘‘The value of tion measures. (15) BUFFALO CREEK, ERIE COUNTY, NEW lands, easements, rights-of-way, and relocations (11) GLENN COVE CREEK, NEW YORK.—Project YORK.—Project for flood control, Buffalo Creek, provided under paragraph (3) and the costs of for navigation, Glenn Cove Creek, New York, Erie County, New York. relocations borne by the non-Federal interests including bulkheading. (16) CAZENOVIA CREEK, ERIE COUNTY, NEW under paragraph (4) shall be credited toward (12) UNION SHIP CANAL, BUFFALO AND LACKA- YORK.—Project for flood control, Cazenovia the payment required under this paragraph.’’; Creek, Erie County, New York. WANNA, NEW YORK.—Project for navigation, (2) in paragraph (3)— Union Ship Canal, Buffalo and Lackawanna, (17) CHEEKTOWAGA, ERIE COUNTY, NEW (A) by inserting ‘‘and’’ after ‘‘rights-of-way,’’; New York. YORK.—Project for flood control, Cheektowaga, (B) by striking ‘‘, and dredged material dis- Erie County, New York. SEC. 105. SMALL SHORELINE PROTECTION posal areas’’; and (18) FULMER CREEK, VILLAGE OF MOHAWK, NEW PROJECTS. (C) by inserting ‘‘, including any lands, ease- YORK.—Project for flood control, Fulmer Creek, The Secretary shall conduct a study for each ments, rights-of-way, and relocations (other village of Mohawk, New York. of the following projects, and if the Secretary than utility relocations accomplished under (19) MOYER CREEK, VILLAGE OF FRANKFORT, determines that the project is feasible, may paragraph (4)) that are necessary for dredged NEW YORK.—Project for flood control, Moyer carry out the project under section 3 of the Act material disposal facilities’’ before the period at Creek, village of Frankfort, New York. entitled ‘‘An Act authorizing Federal participa- the end of such paragraph; and (20) SAUQUOIT CREEK, WHITESBORO, NEW tion in the cost of protecting the shores of pub- (3) by adding at the end the following: YORK.—Project for flood control, Sauquoit licly owned property’’, approved August 13, 1946 ‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES Creek, Whitesboro, New York. (33 U.S.C. 426g; 60 Stat. 1056): FOR PROJECT CONSTRUCTION.—In this subsection, (21) STEELE CREEK, VILLAGE OF ILION, NEW (1) FORT PIERCE, FLORIDA.—Project for 1 mile the term ‘general navigation features’ includes YORK.—Project for flood control, Steele Creek, of additional shoreline protection, Fort Pierce, constructed land-based and aquatic dredged ma- village of Ilion, New York. Florida. terial disposal facilities that are necessary for (22) WILLAMETTE RIVER, OREGON.—Project for (2) SYLVAN BEACH BREAKWATER, VERONA, the disposal of dredged material required for nonstructural flood control, Willamette River, ONEIDA COUNTY, NEW YORK.—Project for shore- project construction and for which a contract Oregon, including floodplain and ecosystem res- line protection, Sylvan Beach breakwater, for construction has not been awarded on or be- toration. Verona, Oneida County, New York. fore the date of the enactment of this para- SEC. 103. SMALL BANK STABILIZATION SEC. 106. SMALL SNAGGING AND SEDIMENT RE- graph.’’. PROJECTS. MOVAL PROJECT, MISSISSIPPI (b) OPERATION AND MAINTENANCE.—Section The Secretary shall conduct a study for each RIVER, LITTLE FALLS, MINNESOTA. 101(b) of such Act (33 U.S.C. 2211(b); 100 Stat. of the following projects and, if the Secretary The Secretary shall conduct a study for a 4083) is amended— determines that the project is feasible, may project for clearing, snagging, and sediment re- (1) by inserting ‘‘(1) IN GENERAL.—’’ before carry out the project under section 14 of the moval, East Bank of the Mississippi River, Little ‘‘The Federal’’; Flood Control Act of 1946 (33 U.S.C. 701r): Falls, Minnesota, including removal of sediment (2) by indenting and moving paragraph (1) (as (1) ST. JOSEPH RIVER, INDIANA.—Project for from culverts. The study shall include a deter- designated by paragraph (1) of this subsection) bank stabilization, St. Joseph River, South mination of the adequacy of culverts to main- 2 ems to the right; Bend, Indiana, including recreation and pedes- tain flows through the channel. If the Secretary (3) by striking ‘‘pursuant to this Act’’ and in- trian access features. determines that the project is feasible, the Sec- serting ‘‘by the Secretary pursuant to this Act (2) ALLEGHENY RIVER AT OIL CITY, PENNSYLVA- retary may carry out the project under section or any other law approved after the date of the NIA.—Project for bank stabilization to address 3 of the Act entitled ‘‘An Act authorizing the enactment of this Act’’; and September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11163 (4) by adding at the end the following: the River and Harbor Act of 1970 (33 U.S.C. enactment of this Act to reflect the application ‘‘(2) DREDGED MATERIAL DISPOSAL FACILI- 1293a) if the capacity of the confined dredged of the amendment made by paragraph (1) to any TIES.—The Federal share of the cost of con- material disposal facility was exceeded in less project for which a contract for construction structing land-based and aquatic dredged mate- than 6 years. has not been awarded on or before such date of rial disposal facilities that are necessary for the SEC. 202. FLOOD CONTROL POLICY. enactment. disposal of dredged material required for the op- (a) FLOOD CONTROL COST SHARING.— (C) NON-FEDERAL OPTION.—If requested by the eration and maintenance of a project and for (1) INCREASED NON-FEDERAL CONTRIBUTIONS.— non-Federal interest, the Secretary shall apply which a contract for construction has not been (A) IN GENERAL.—Subsections (a) and (b) of the criteria and procedures established pursuant awarded on or before the date of the enactment section 103 of the Water Resources Development to section 103(m) of the Water Resources Devel- of this paragraph shall be determined in accord- Act of 1986 (33 U.S.C. 2213(a) and (b)) are each opment Act of 1986 as in effect on the day before ance with subsection (a). The Federal share of amended by striking ‘‘25 percent’’ each place it the date of the enactment of this Act for projects operating and maintaining such facilities shall appears and inserting ‘‘35 percent’’. that are authorized before the date of the enact- be determined in accordance with paragraph (B) APPLICABILITY.—The amendments made ment of this Act. (1).’’. by subparagraph (A) shall apply to any project (c) FLOODPLAIN MANAGEMENT PLANS.— (1) IN GENERAL.—Section 402 of such Act (33 (c) AGREEMENT.—Section 101(e)(1) of such Act authorized after the date of the enactment of U.S.C. 701b–12; 100 Stat. 4133) is amended to (33 U.S.C. 2211(e)(1); 100 Stat. 4083) is amended this Act and to any flood control project that is read as follows: by striking ‘‘and to provide dredged material not specifically authorized by Congress for disposal areas and perform’’ and inserting ‘‘in- which a Detailed Project Report is approved ‘‘SEC. 402. FLOODPLAIN MANAGEMENT REQUIRE- cluding those necessary for dredged material after such date of enactment or, in the case of MENTS. ‘‘(a) COMPLIANCE WITH FLOODPLAIN MANAGE- disposal facilities, and perform’’. a project for which no Detailed Project Report is MENT AND INSURANCE PROGRAMS.—Before con- (d) CONSIDERATION OF FUNDING REQUIRE- prepared, construction is initiated after such struction of any project for local flood protec- MENTS AND EQUITABLE APPORTIONMENT.—Sec- date of enactment. tion 101 of such Act (33 U.S.C. 2211; 100 Stat. tion, or any project for hurricane or storm dam- (2) PHYSICAL CONSTRUCTION DEFINED.—Section 4082–4084) is amended by adding at the end the 103(e)(1) of such Act (33 U.S.C. 2213(e)(1)) is age reduction, that involves Federal assistance following: amended by adding at the end the following: from the Secretary, the non-Federal interest ‘‘(f) CONSIDERATION OF FUNDING REQUIRE- ‘‘For the purpose of the preceding sentence, shall agree to participate in and comply with MENTS AND EQUITABLE APPORTIONMENT.—The physical construction shall be considered to be applicable Federal floodplain management and Secretary shall ensure, to the extent practicable, initiated on the date of the award of a construc- flood insurance programs. that— ‘‘(b) FLOOD PLAIN MANAGEMENT PLANS.— tion contract.’’. ‘‘(1) funding requirements for operation and Within 1 year after the date of signing a project (b) ABILITY TO PAY.— maintenance dredging of commercial navigation cooperation agreement for construction of a (1) IN GENERAL.—Section 103(m) of such Act harbors are considered before Federal funds are project to which subsection (a) applies, the non- (33 U.S.C. 2213(m)) is amended to read as fol- obligated for payment of the Federal share of Federal interest shall prepare a flood plain lows: costs associated with the construction of management plan designed to reduce the im- ‘‘(m) ABILITY TO PAY.— dredged material disposal facilities in accord- pacts of future flood events in the project area. ‘‘(1) IN GENERAL.—Any cost-sharing agree- ance with subsections (a) and (b); Such plan shall be implemented by the non-Fed- ment under this section for flood control or agri- ‘‘(2) funds expended for such construction are eral interest not later than 1 year after comple- cultural water supply shall be subject to the apportioned equitably in accordance with re- tion of construction of the project. ability of a non-Federal interest to pay. gional needs; and ‘‘(c) GUIDELINES.— ‘‘(2) CRITERIA AND PROCEDURES.—The ability ‘‘(3) use of a dredged material disposal facility ‘‘(1) IN GENERAL.—Within 6 months after the designed, constructed, managed, or operated by of a non-Federal interest to pay shall be deter- date of the enactment of this subsection, the a private entity is not precluded if, consistent mined by the Secretary in accordance with cri- Secretary shall develop guidelines for prepara- with economic and environmental consider- teria and procedures in effect on the day before tion of floodplain management plans by non- ations, the facility is the least-cost alter- the date of the enactment of the Water Re- Federal interests under subsection (b). Such native.’’. sources Development Act of 1996; except that guidelines shall address potential measures, such criteria and procedures shall be revised (e) ELIGIBLE OPERATIONS AND MAINTENANCE practices, and policies to reduce loss of life, in- within 1 year after such date of enactment to re- DEFINED.—Section 214(2) of such Act (33 U.S.C. juries, damages to property and facilities, public 2241; 100 Stat. 4108) is amended— flect the requirements of paragraph (3). expenditures, and other adverse impacts associ- (1) in subparagraph (A)— ‘‘(3) REVISION OF CRITERIA AND PROCEDURES.— ated with flooding and to preserve and enhance (A) by inserting ‘‘Federal’’ after ‘‘means all’’; In revising criteria and procedures pursuant to natural floodplain values. (B) by inserting ‘‘(i)’’ after ‘‘including’’; and paragraph (2), the Secretary— ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- (C) by inserting before the period at the end ‘‘(A) shall consider— TION.—Nothing in this subsection shall be con- the following: ‘‘; (ii) the construction of dredged ‘‘(i) per capita income data for the county or strued to confer any regulatory authority upon material disposal facilities that are necessary for counties in which the project is to be located; the Secretary or the Director of the Federal the operation and maintenance of any harbor or and Emergency Management Agency. inland harbor; (iii) dredging and disposing of ‘‘(ii) the per capita non-Federal cost of con- ‘‘(d) TECHNICAL SUPPORT.—The Secretary may contaminated sediments that are in or that af- struction of the project for the county or coun- provide technical support to a non-Federal in- fect the maintenance of Federal navigation ties in which the project is to be located; terest for a project to which subsection (a) ap- channels; (iv) mitigating for impacts resulting ‘‘(B) shall not consider criteria (other than plies for the development and implementation of from Federal navigation operation and mainte- criteria described in subparagraph (A)) in effect plans prepared under subsection (b).’’. nance activities; and (v) operating and main- on the day before the date of the enactment of (2) APPLICABILITY.—The amendment made by taining dredged material disposal facilities’’; the Water Resources Development Act of 1996; paragraph (1) shall apply to any project or sep- and and arable element thereof with respect to which the (2) in subparagraph (C) by striking ‘‘rights-of- ‘‘(C) may consider additional criteria relating Secretary and the non-Federal interest have not way, or dredged material disposal areas,’’ and to the non-Federal interest’s financial ability to entered into a project cooperation agreement on inserting ‘‘or rights-of-way,’’. carry out its cost-sharing responsibilities, to the or before the date of the enactment of this Act. (f) AMENDMENT OF COOPERATION AGREE- extent that the application of such criteria does (d) NONSTRUCTURAL FLOOD CONTROL POL- MENT.—If requested by the non-Federal interest, not eliminate areas from eligibility for a reduc- ICY.— the Secretary shall amend a project cooperation tion in the non-Federal share as determined (1) REVIEW.—The Secretary shall conduct a agreement executed on or before the date of the under subparagraph (A). review of policies, procedures, and techniques enactment of this Act to reflect the application ‘‘(4) NON-FEDERAL SHARE.—Notwithstanding relating to the evaluation and development of of the amendments made by this section to any subsection (a), the Secretary may reduce the re- flood control measures with a view toward iden- project for which a contract for construction quirement that a non-Federal interest make a tifying impediments that may exist to justifying has not been awarded on or before that date. cash contribution for any project that is deter- nonstructural flood control measures as alter- (g) SAVINGS CLAUSE.—Nothing in this section mined to be eligible for a reduction in the non- natives to structural measures. (including the amendments made by this sec- Federal share under criteria and procedures in (2) REPORT.—Not later than 1 year after the tion) shall increase, or result in the increase of, effect under paragraphs (1), (2), and (3).’’. date of the enactment of this Act, the Secretary the non-Federal share of the costs of— (2) APPLICABILITY.— shall transmit to Congress a report on the find- (1) expanding any confined dredged material (A) GENERALLY.—Subject to subparagraph ings of the review conducted under this sub- disposal facility that is operated by the Sec- (C), the amendment made by paragraph (1) shall section, together with any recommendations for retary and that is authorized for cost recovery apply to any project, or separable element there- modifying existing law to remove any impedi- through the collection of tolls; of, with respect to which the Secretary and the ments identified under such review. (2) any confined dredged material disposal fa- non-Federal interest enter into a project co- (e) EMERGENCY RESPONSE.—Section 5(a)(1) of cility for which the invitation for bids for con- operation agreement after December 31, 1997. the Act entitled ‘‘An Act authorizing the con- struction was issued before the date of the en- (B) AMENDMENT OF COOPERATION AGREE- struction of certain public works on rivers and actment of this Act; and MENT.—If requested by the non-Federal interest, harbors for flood control, and for other pur- (3) expanding any confined dredged material the Secretary shall amend a project cooperation poses’’, approved August 18, 1941 (33 U.S.C. disposal facility constructed under section 123 of agreement executed on or before the date of the 701n(a)(1)), is amended by inserting before the H11164 CONGRESSIONAL RECORD — HOUSE September 25, 1996 first semicolon the following: ‘‘, or in implemen- (ii) the impact of using risk-based analysis as retary shall amend any feasibility cost-sharing tation of nonstructural alternatives to the repair it relates to current policy and procedures of the agreements in effect on the date of the enact- or restoration of such flood control work if re- Corps of Engineers. ment of this Act so as to conform the agreements quested by the non-Federal sponsor’’. (2) REPORT.—Not later than 18 months after with the amendments. (f) LEVEE OWNERS MANUAL.—Section 5 of such the date of the enactment of this Act, the Sec- (c) NO REQUIREMENT OF REIMBURSEMENT.— Act of August 18, 1941 (33 U.S.C. 701n), is retary shall submit to Congress a report on the Nothing in this section or any amendment made amended by adding at the end the following: results of the study under paragraph (1), as well by this section requires the Secretary to reim- ‘‘(c) LEVEE OWNERS MANUAL.— as such recommendations as the Secretary con- burse the non-Federal interests for funds pre- ‘‘(1) IN GENERAL.—Not later than 1 year after siders appropriate. viously contributed for a study. the date of the enactment of this subsection, in (3) LIMITATION ON USE OF METHODOLOGY.— SEC. 204. RESTORATION OF ENVIRONMENTAL accordance with chapter 5 of title 5, United During the period beginning on the date of the QUALITY. States Code, the Secretary of the Army shall enactment of this Act and ending 18 months (a) REVIEW OF PROJECTS.—Section 1135(a) of prepare a manual describing the maintenance after that date, if requested by a non-Federal the Water Resources Development Act of 1986 and upkeep responsibilities that the Corps of interest, the Secretary shall refrain from using (33 U.S.C. 2309a(a)) is amended— Engineers requires of a non-Federal interest in any risk-based technique required under the (1) by striking ‘‘the operation of’’; and order for the non-Federal interest to receive studies described in paragraph (1) for the eval- (2) by inserting before the period at the end Federal assistance under this section. The Sec- uation and design of a project. the following: ‘‘and to determine if the oper- retary shall provide a copy of the manual at no (4) AUTHORIZATION OF APPROPRIATIONS.— ation of such projects has contributed to the cost to each non-Federal interest that is eligible There is authorized to be appropriated $250,000 degradation of the quality of the environment’’. to receive Federal assistance under this section. to carry out this subsection. (b) PROGRAM OF PROJECTS.—Section 1135(b) of ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— SEC. 203. COST SHARING FOR FEASIBILITY STUD- such Act is amended by striking the last 2 sen- There is authorized to be appropriated $1,000,000 IES. tences. to carry out this subsection. (a) NON-FEDERAL SHARE.—Section 105(a) of (c) RESTORATION OF ENVIRONMENTAL QUAL- ‘‘(3) DEFINITIONS.—In this subsection, the fol- the Water Resources Development Act of 1986 ITY.—Section 1135 of such Act is amended— lowing definitions apply: (33 U.S.C. 2215(a)) is amended— (1) by redesignating subsections (c), (d), and ‘‘(A) MAINTENANCE AND UPKEEP.—The term (1) by striking paragraph (1) and inserting the (e) as subsections (e), (f), and (g), respectively; ‘maintenance and upkeep’ means all mainte- following: (2) by inserting after subsection (b) the follow- nance and general upkeep of a levee performed ‘‘(1) COST SHARING.— ing: on a regular and consistent basis that is not re- ‘‘(A) IN GENERAL.—The Secretary shall not ‘‘(c) RESTORATION OF ENVIRONMENTAL QUAL- pair and rehabilitation. initiate any feasibility study for a water re- ITY.—If the Secretary determines that construc- ‘‘(B) REPAIR AND REHABILITATION.—The term sources project after November 17, 1986, until tion of a water resources project by the Sec- ‘repair and rehabilitation’— appropriate non-Federal interests agree, by con- retary or operation of a water resources project ‘‘(i) means the repair or rebuilding of a levee tract, to contribute 50 percent of the cost of the constructed by the Secretary has contributed to or other flood control structure, after the struc- study. the degradation of the quality of the environ- ture has been damaged by a flood, to the level ‘‘(B) PAYMENT OF COST SHARE DURING PERIOD ment, the Secretary may undertake measures for of protection provided by the structure before OF STUDY.—During the period of the study, the restoration of environmental quality and meas- the flood; but non-Federal share of the cost of the study pay- ures for enhancement of environmental quality ‘‘(ii) does not include— able under subparagraph (A) shall be 50 percent that are associated with the restoration, ‘‘(I) any improvement to the structure; or of the sum of— through modifications either at the project site ‘‘(II) repair or rebuilding described in clause ‘‘(i) the cost estimate for the study as con- or at other locations that have been affected by (i) if, in the normal course of usage, the struc- tained in the feasibility cost-sharing agreement; the construction or operation of the project, if ture becomes structurally unsound and is no and such measures do not conflict with the author- longer fit to provide the level of protection for ‘‘(ii) any excess of the cost of the study over ized project purposes. which the structure was designed.’’. the cost estimate if the excess results from— ‘‘(d) NON-FEDERAL SHARE; LIMITATION ON (g) VEGETATION MANAGEMENT GUIDELINES.— ‘‘(I) a change in Federal law; or MAXIMUM FEDERAL EXPENDITURE.—The non- (1) REVIEW.—The Secretary shall undertake a ‘‘(II) a change in the scope of the study re- Federal share of the cost of any modifications or comprehensive review of the current policy quested by the non-Federal interests. measures carried out or undertaken pursuant to guidelines on vegetation management for levees. ‘‘(C) PAYMENT OF COST SHARE ON AUTHORIZA- subsection (b) or (c) shall be 25 percent. Not The review shall examine current policies in TION OF PROJECT OR TERMINATION OF STUDY.— more than 80 percent of the non-Federal share view of the varied interests in providing flood ‘‘(i) PROJECT TIMELY AUTHORIZED.—Except as may be in kind, including a facility, supply, or control, preserving, protecting, and enhancing otherwise agreed to by the Secretary and the service that is necessary to carry out the modi- natural resources, protecting the rights of Na- non-Federal interests and subject to clause (ii), fication or measure. Not more than $5,000,000 in tive Americans pursuant to treaty and statute, the non-Federal share of any excess of the cost Federal funds may be expended on any single and such other factors as the Secretary consid- of the study over the cost estimate (excluding modification or measure carried out or under- ers appropriate. any excess cost described in subparagraph taken pursuant to this section.’’; and (2) COOPERATION AND CONSULTATION.—The re- (B)(ii)) shall be payable on the date on which (3) in subsection (f) (as so redesignated) by view under this section shall be undertaken in the Secretary and the non-Federal interests striking ‘‘program conducted under subsection cooperation with interested Federal agencies enter into an agreement pursuant to section (b)’’ and inserting ‘‘programs conducted under and in consultation with interested representa- 101(e) or 103(j) with respect to the project. subsections (b) and (c)’’. tives of State and local governments and the ‘‘(ii) PROJECT NOT TIMELY AUTHORIZED.—If (d) DEFINITION.—Section 1135 of such Act (as public. the project that is the subject of the study is not amended by subsection (c)(1) of this section) is (3) REVISION OF GUIDELINES.—Based upon the authorized by the date that is 5 years after the results of the review, the Secretary shall revise, completion of the final report of the Chief of En- amended by adding at the end the following: EFINITION.—In this section, the term not later than 270 days after the date of the en- gineers concerning the study or the date that is ‘‘(h) D ‘water resources project constructed by the Sec- actment of this Act, the policy guidelines so as 2 years after the termination of the study, the retary’ includes a water resources project con- to provide a coherent and coordinated policy for non-Federal share of any excess of the cost of structed or funded jointly by the Secretary and vegetation management for levees. Such revised the study over the cost estimate (excluding any the head of any other Federal agency (including guidelines shall address regional variations in excess cost described in subparagraph (B)(ii)) the Natural Resources Conservation Service).’’. levee management and resource needs and shall shall be payable to the United States on that be incorporated in the manual proposed under date. SEC. 205. ENVIRONMENTAL DREDGING. section 5(c) of such Act of August 18, 1941 (33 ‘‘(D) AMENDMENT OF COST ESTIMATE.—The Section 312 of the Water Resources Develop- U.S.C. 701n). cost estimate referred to in subparagraph (B)(i) ment Act of 1990 (33 U.S.C. 1252 note; 104 Stat. (h) RISK-BASED ANALYSIS METHODOLOGY.— may be amended only by agreement of the Sec- 4639–4640) is amended— (1) IN GENERAL.—The Secretary shall enter retary and the non-Federal interests. (1) in each of subsections (a), (b), and (c) by into an agreement with the National Academy ‘‘(E) IN-KIND CONTRIBUTIONS.—Not more than inserting ‘‘and remediate’’ after ‘‘remove’’ each of Sciences to conduct a study of the Corps of 1⁄2 of the non-Federal share required under this place it appears; Engineers’ use of risk-based analysis for the paragraph may be satisfied by the provision of (2) in subsection (b)— evaluation of hydrology, hydraulics, and eco- services, materials, supplies, or other in-kind (A) in paragraph (1) by inserting ‘‘and reme- nomics in flood damage reduction studies. The services necessary to prepare the feasibility re- diation’’ after ‘‘removal’’ each place it appears; study shall include— port.’’; and and (A) an evaluation of the impact of risk-based (2) in paragraph (2) by striking ‘‘(2) This sub- (B) in paragraph (2) by striking ‘‘$10,000,000’’ analysis on project formulation, project eco- section’’ and inserting the following: and inserting ‘‘$20,000,000’’; and nomic justification, and minimum engineering ‘‘(2) APPLICABILITY.—This subsection’’. (3) by striking subsection (f) and inserting the and safety standards; and (b) APPLICABILITY.—The amendments made by following: (B) a review of studies conducted using risk- subsection (a) shall apply notwithstanding any ‘‘(f) PRIORITY WORK.—In carrying out this based analysis to determine— feasibility cost-sharing agreement entered into section, the Secretary shall give priority to work (i) the scientific validity of applying risk- by the Secretary and the non-Federal interests. in the following areas: based analysis in these studies; and On request of the non-Federal interest, the Sec- ‘‘(1) Brooklyn Waterfront, New York. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11165 ‘‘(2) Buffalo Harbor and River, New York. (16 U.S.C. 460d–3(b)) at each water resources de- documents for a flood control project that were ‘‘(3) Ashtabula River, Ohio. velopment project; and initiated before the date of the enactment of this ‘‘(4) Mahoning River, Ohio. (B) the administrative costs associated with Act, the Secretary may complete and transmit to ‘‘(5) Lower Fox River, Wisconsin.’’. the collection of the day-use fees at each water the appropriate non-Federal interests the study SEC. 206. AQUATIC ECOSYSTEM RESTORATION. resources development project. or design documents or, upon the request of (a) GENERAL AUTHORITY.—The Secretary may (c) ALTERNATIVE TO ANNUAL PASSES.— such non-Federal interests, terminate the study carry out an aquatic ecosystem restoration and (1) IN GENERAL.—The Secretary shall evaluate or design activities and transmit the partially protection project if the Secretary determines the feasibility of implementing an alternative to completed study or design documents to such that the project— the $25 annual pass that the Secretary currently non-Federal interests for completion. Studies (1) will improve the quality of the environ- offers to users of recreation facilities at water and design documents subject to this subsection ment and is in the public interest; and resources projects of the Corps of Engineers. shall be completed without regard to the re- (2) is cost-effective. (2) ANNUAL PASS.—The evaluation under quirements of subsection (b). (b) COST SHARING.—Non-Federal interests paragraph (1) shall include the establishment on (d) AUTHORITY TO CARRY OUT IMPROVE- shall provide 35 percent of the cost of construc- a test basis of an annual pass that costs $10 or MENT.— tion of any project carried out under this sec- less for the use of recreation facilities, including (1) IN GENERAL.—Any non-Federal interest tion, including provision of all lands, easements, facilities at Raystown Lake, Pennsylvania. that has received from the Secretary pursuant to rights-of-way, and necessary relocations. (3) REPORT.—Not later than December 31, subsection (b) or (c) a favorable recommendation 1999, the Secretary shall transmit to Congress a (c) AGREEMENTS.—Construction of a project to carry out a flood control project, or separable under this section shall be initiated only after a report on the results of the evaluation carried element of a flood control project, based on the non-Federal interest has entered into a binding out under this subsection, together with rec- results of completed studies and design docu- agreement with the Secretary to pay the non- ommendations concerning whether annual ments for the project or element may carry out Federal share of the costs of construction re- passes for individual projects should be offered the project or element if a final environmental quired by this section and to pay 100 percent of on a nationwide basis. impact statement under the National Environ- XPIRATION OF AUTHORITY.—The authority any operation, maintenance, and replacement (4) E mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to establish an annual pass under paragraph (2) and rehabilitation costs with respect to the has been filed for the project or element. shall expire on the later of December 31, 1999, or project in accordance with regulations pre- (2) PERMITS.—Any plan of improvement pro- the date of transmittal of the report under para- scribed by the Secretary. posed to be implemented in accordance with this graph (3). (d) COST LIMITATION.—Not more than subsection shall be deemed to satisfy the re- $5,000,000 in Federal funds may be allotted SEC. 209. RECOVERY OF COSTS. quirements for obtaining the appropriate permits under this section for a project at any single lo- Amounts recovered under section 107 of the required under the Secretary’s authority. Such cality. Comprehensive Environmental Response, Com- permits shall be granted subject to the non-Fed- (e) FUNDING.—There is authorized to be ap- pensation, and Liability Act of 1980 (42 U.S.C. eral interest’s acceptance of the terms and con- propriated to carry out this section $25,000,000 9607) for any response action taken by the Sec- ditions of such permits if the Secretary deter- for each fiscal year. retary in support of the civil works program of mines that the applicable regulatory criteria the Department of the Army and any other SEC. 207. BENEFICIAL USES OF DREDGED MATE- and procedures have been satisfied. RIAL. amounts recovered by the Secretary from a con- (3) MONITORING.—The Secretary shall monitor Section 204 of the Water Resources Develop- tractor, insurer, surety, or other person to reim- any project for which a permit is granted under ment Act of 1992 (33 U.S.C. 2326; 106 Stat. 4826) burse the Department of the Army for any ex- this subsection in order to ensure that such is amended— penditure for environmental response activities project is constructed, operated, and maintained (1) by redesignating subsection (e) as sub- in support of the Army civil works program in accordance with the terms and conditions of section (f); and shall be credited to the appropriate trust fund such permit. (2) by inserting after subsection (d) the follow- account from which the cost of such response (e) REIMBURSEMENT.— (1) GENERAL RULE.—Subject to appropriations ing: action has been paid or will be charged. Acts, the Secretary may reimburse any non-Fed- ‘‘(e) SELECTION OF DREDGED MATERIAL DIS- SEC. 210. COST SHARING FOR ENVIRONMENTAL eral interest an amount equal to the estimate of POSAL METHOD.—In developing and carrying PROJECTS. the Federal share, without interest, of the cost out a project for navigation involving the dis- (a) IN GENERAL.—Section 103(c) of the Water of any authorized flood control project, or sepa- posal of dredged material, the Secretary may se- Resources Development Act of 1986 (33 U.S.C. rable element of a flood control project, con- lect, with the consent of the non-Federal inter- 2213(c); 100 Stat. 4085) is amended— structed pursuant to this section— est, a disposal method that is not the least-cost (1) by striking ‘‘and’’ at the end of paragraph (A) if, after authorization and before initi- option if the Secretary determines that the in- (5); ation of construction of the project or separable cremental costs of such disposal method are rea- (2) by striking the period at the end of para- element, the Secretary approves the plans for sonable in relation to the environmental bene- graph (6) and inserting ‘‘; and’’; and (3) by inserting after paragraph (6) the follow- construction of such project by the non-Federal fits, including the benefits to the aquatic envi- ing: interest; and ronment to be derived from the creation of wet- ‘‘(7) environmental protection and restoration: (B) if the Secretary finds, after a review of lands and control of shoreline erosion. The Fed- 35 percent; except that nothing in this para- studies and design documents prepared pursu- eral share of such incremental costs shall be de- graph shall affect or limit the applicability of ant to this section, that construction of the termined in accordance with subsection (c).’’. section 906.’’. project or separable element is economically jus- SEC. 208. RECREATION POLICY AND USER FEES. (b) APPLICABILITY.—The amendments made by tified and environmentally acceptable. (a) RECREATION POLICY.— subsection (a) apply only to projects authorized (2) SPECIAL RULES.— (1) IN GENERAL.—The Secretary shall provide after the date of the enactment of this Act. (A) REIMBURSEMENT.—For work (including increased emphasis on, and opportunities for SEC. 211. CONSTRUCTION OF FLOOD CONTROL work associated with studies, planning, design, recreation at, water resources projects operated, PROJECTS BY NON-FEDERAL INTER- and construction) carried out by a non-Federal maintained, or constructed by the Corps of En- ESTS. interest with respect to a project described in gineers. (a) AUTHORITY.—Non-Federal interests are subsection (f), the Secretary shall, subject to (2) REPORT.—Not later than 2 years after the authorized to undertake flood control projects in amounts being made available in advance in ap- date of the enactment of this Act, the Secretary the United States, subject to obtaining any per- propriations Acts, reimburse, without interest, shall transmit to Congress a report on specific mits required pursuant to Federal and State the non-Federal interest an amount equal to the measures taken to implement this subsection. laws in advance of actual construction. estimated Federal share of the cost of such work (b) USER FEES.— (b) STUDIES AND DESIGN ACTIVITIES.— if such work is later recommended by the Chief (1) IN GENERAL.—Section 210(b)(4) of the Flood (1) BY NON-FEDERAL INTERESTS.—A non-Fed- of Engineers and approved by the Secretary. Control Act of 1968 (16 U.S.C. 460d–3(b)(4)) is eral interest may prepare, for review and ap- (B) CREDIT.—If the non-Federal interest for a amended by inserting before the period at the proval by the Secretary, the necessary studies project described in subsection (f) carries out end the following: ‘‘and, subject to the avail- and design documents for any construction to be work before completion of a reconnaissance ability of appropriations, shall be used for the undertaken pursuant to subsection (a). study by the Secretary and if such work is de- purposes specified in section 4(i)(3) of such Act (2) BY SECRETARY.—Upon request of an ap- termined by the Secretary to be compatible with at the water resources development project at propriate non-Federal interest, the Secretary the project later recommended by the Secretary, which the fees were collected’’. may undertake all necessary studies and design the Secretary shall credit the non-Federal inter- (2) REPORT.—Not later than 90 days after the activities for any construction to be undertaken est for its share of the cost of the project for date of the enactment of this Act, the Secretary pursuant to subsection (a) and provide technical such work. shall prepare and submit to the Committee on assistance in obtaining all necessary permits for (3) MATTERS TO BE CONSIDERED IN REVIEWING Environment and Public Works of the Senate such construction if the non-Federal interest PLANS.—In reviewing plans under this sub- and the Committee on Transportation and In- contracts with the Secretary to provide to the section, the Secretary shall consider budgetary frastructure of the House of Representatives a United States funds for the studies and design and programmatic priorities and other factors report, with respect to fiscal years 1995 and 1996, activities during the period in which the studies that the Secretary considers appropriate. on— and design activities will be conducted. (4) MONITORING.—The Secretary shall regu- (A) the amount of day-use fees collected under (c) COMPLETION OF STUDIES AND DESIGN AC- larly monitor and audit any project for flood section 210(b) of the Flood Control Act of 1968 TIVITIES.—In the case of any study or design control approved for construction under this H11166 CONGRESSIONAL RECORD — HOUSE September 25, 1996 section by a non-Federal interest to ensure that from other Federal agencies, States, or non-Fed- amendments made by this section) shall preempt such construction is in compliance with the eral entities for purposes of carrying out this or otherwise affect any dam safety program of a plans approved by the Secretary and that the section. Federal agency other than the Federal Emer- costs are reasonable. SEC. 213. LEASE AUTHORITY. gency Management Agency, including any pro- (5) LIMITATION ON REIMBURSEMENTS.—The Notwithstanding any other provision of law, gram that regulates, permits, or licenses any ac- Secretary may not make any reimbursement the Secretary may lease space available in tivity affecting a dam. under this section until the Secretary determines buildings for which funding for construction or (c) DAM SAFETY PROGRAM.—The Act entitled that the work for which reimbursement is re- purchase was provided from the revolving fund ‘‘An Act to authorize the Secretary of the Army quested has been performed in accordance with established by the 1st section of the Civil Func- to undertake a national program of inspection applicable permits and approved plans. tions Appropriations Act, 1954 (33 U.S.C. 576; 67 of dams’’, approved August 8, 1972 (33 U.S.C 467 (f) SPECIFIC PROJECTS.—For the purpose of Stat. 199), under such terms and conditions as et seq.; Public Law 92–367), is amended— demonstrating the potential advantages and ef- are acceptable to the Secretary. The proceeds (1) by striking the 1st section and inserting fectiveness of non-Federal implementation of from such leases shall be credited to the revolv- the following: flood control projects, the Secretary shall enter ing fund for the purposes set forth in such Act. ‘‘SECTION 1. SHORT TITLE. into agreements pursuant to this section with ‘‘This Act may be cited as the ‘National Dam non-Federal interests for development of the fol- SEC. 214. COLLABORATIVE RESEARCH AND DE- Safety Program Act’.’’; lowing flood control projects by such interests: VELOPMENT. (2) by striking sections 5 through 14; (1) BERRYESSA CREEK, CALIFORNIA.—The (a) FUNDING FROM OTHER FEDERAL (3) by redesignating sections 2, 3, and 4 as sec- Berryessa Creek element of the project for flood SOURCES.—Section 7 of the Water Resources De- tions 3, 4, and 5, respectively; control, Coyote and Berryessa Creeks, Califor- velopment Act of 1988 (33 U.S.C. 2313; 102 Stat. (4) by inserting after section 1 (as amended by nia, authorized by section 101(a)(5) of the Water 4022–4023) is amended— paragraph (1) of this subsection) the following: Resources Development Act of 1990 (104 Stat. (1) in subsection (a) by inserting ‘‘civil works’’ 4606); except that, subject to the approval of the before ‘‘mission’’; and ‘‘SEC. 2. DEFINITIONS. Secretary as provided by this section, the non- (2) by striking subsection (e) and inserting the ‘‘In this Act, the following definitions apply: Federal interest may design and construct an following: ‘‘(1) BOARD.—The term ‘Board’ means a Na- alternative to such element. ‘‘(e) FUNDING FROM OTHER FEDERAL tional Dam Safety Review Board established (2) LOS ANGELES COUNTY DRAINAGE AREA, SOURCES.—The Secretary may accept and ex- under section 8(h). CALIFORNIA.—The project for flood control, Los pend additional funds from other Federal pro- ‘‘(2) DAM.—The term ‘dam’— Angeles County Drainage Area, California, au- grams, including other Department of Defense ‘‘(A) means any artificial barrier that has the thorized by section 101(b) of the Water Re- programs, to carry out this section.’’. ability to impound water, wastewater, or any sources Development Act of 1990 (104 Stat. 4611). (b) PRE-AGREEMENT TEMPORARY PROTECTION liquid-borne material, for the purpose of storage (3) STOCKTON METROPOLITAN AREA, CALIFOR- OF TECHNOLOGY.—Section 7 of such Act is or control of water, that— NIA.—The project for flood control, Stockton amended— ‘‘(i) is 25 feet or more in height from— Metropolitan Area, California. (1) by redesignating subsections (b), (c), (d), ‘‘(I) the natural bed of the stream channel or (4) UPPER GUADALUPE RIVER, CALIFORNIA.— and (e) as subsections (c), (d), (e), and (f), re- watercourse measured at the downstream toe of The project for flood control, Upper Guadalupe spectively; the barrier; or River, California. (2) by inserting after subsection (a) the follow- ‘‘(II) if the barrier is not across a stream (5) FLAMINGO AND TROPICANA WASHES, NE- ing: channel or watercourse, from the lowest ele- VADA.—The project for flood control, Las Vegas ‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION vation of the outside limit of the barrier; Wash and Tributaries (Flamingo and Tropicana OF TECHNOLOGY.— to the maximum water storage elevation; or Washes), Nevada, authorized by section 101(13) ‘‘(1) IN GENERAL.—If the Secretary determines ‘‘(ii) has an impounding capacity for maxi- of the Water Resources Development Act of 1992 that information developed as a result of re- mum storage elevation of 50 acre-feet or more; (106 Stat. 4803). search and development activities conducted by but (6) BRAYS BAYOU, TEXAS.—Flood control com- the Corps of Engineers is likely to be subject to ‘‘(B) does not include— ponents comprising the Brays Bayou element of a cooperative research and development agree- ‘‘(i) a levee; or the project for flood control, Buffalo Bayou and ment within 2 years of its development and that ‘‘(ii) a barrier described in subparagraph (A) tributaries, Texas, authorized by section such information would be a trade secret or that— 101(a)(21) of the Water Resources Development commercial or financial information that would ‘‘(I) is 6 feet or less in height regardless of Act of 1990 (104 Stat. 4610); except that, subject be privileged or confidential if the information storage capacity; or to the approval of the Secretary as provided by had been obtained from a non-Federal party ‘‘(II) has a storage capacity at the maximum this section, the non-Federal interest may de- participating in a cooperative research and de- water storage elevation that is 15 acre-feet or sign and construct an alternative to the diver- velopment agreement under section 12 of the less regardless of height; sion component of such element. Stevenson-Wydler Technology Innovation Act of unless the barrier, because of the location of the (7) HUNTING BAYOU, TEXAS.—The Hunting 1980 (15 U.S.C. 3710a), the Secretary may pro- barrier or another physical characteristic of the Bayou element of the project for flood control, vide appropriate protection against the dissemi- barrier, is likely to pose a significant threat to Buffalo Bayou and tributaries, Texas, author- nation of such information, including exemption human life or property if the barrier fails (as de- ized by such section; except that, subject to the from subchapter II of chapter 5 of title 5, United termined by the Director). approval of the Secretary as provided by this States Code, until the earlier of the date the ‘‘(3) DIRECTOR.—The term ‘Director’ means section, the non-Federal interest may design Secretary enters into such an agreement with re- the Director of FEMA. and construct an alternative to such element. spect to such technology or the last day of the ‘‘(4) FEDERAL AGENCY.—The term ‘Federal (8) WHITE OAK BAYOU, TEXAS.—The project for 2-year period beginning on the date of such de- agency’ means a Federal agency that designs, flood control, White Oak Bayou watershed, termination. finances, constructs, owns, operates, maintains, Texas. ‘‘(2) TREATMENT.—Any technology covered by or regulates the construction, operation, or (g) TREATMENT OF FLOOD DAMAGE PREVEN- this section that becomes the subject of a cooper- maintenance of a dam. TION MEASURES.—For the purposes of this sec- ative research and development agreement shall ‘‘(5) FEDERAL GUIDELINES FOR DAM SAFETY.— tion, flood damage prevention measures at or in be accorded the protection provided under sec- the vicinity of Morgan City and Berwick, Lou- The term ‘Federal Guidelines for Dam Safety’ tion 12(c)(7)(B) of such Act (15 U.S.C. means the FEMA publication, numbered 93 and isiana, shall be treated as an authorized sepa- 3710a(c)(7)(B)) as if such technology had been rable element of the Atchafalaya Basin feature dated June 1979, that defines management prac- developed under a cooperative research and de- tices for dam safety at all Federal agencies. of the project for flood control, Mississippi River velopment agreement.’’; and and Tributaries. ‘‘(6) FEMA.—The term ‘FEMA’ means the (3) in subsection (d) (as so redesignated) by Federal Emergency Management Agency. SEC. 212. ENGINEERING AND ENVIRONMENTAL striking ‘‘(b)’’ and inserting ‘‘(c)’’. AZARD REDUCTION INNOVATIONS OF NATIONAL SIG- ‘‘(7) H .—The term ‘hazard SEC. 215. NATIONAL DAM SAFETY PROGRAM. NIFICANCE. reduction’ means the reduction in the potential (a) SURVEYS, PLANS, AND STUDIES.—To en- (a) PURPOSE.—The purpose of this section is consequences to life and property of dam fail- courage innovative and environmentally sound to reduce the risks to life and property from dam ure. engineering solutions and innovative environ- failure in the United States through the estab- ‘‘(8) ICODS.—The term ‘ICODS’ means the mental solutions to problems of national signifi- lishment and maintenance of an effective na- Interagency Committee on Dam Safety estab- cance, the Secretary may undertake surveys, tional dam safety program to bring together the lished by section 7. plans, and studies and prepare reports that may expertise and resources of the Federal and non- ‘‘(9) PROGRAM.—The term ‘Program’ means lead to work under existing civil works authori- Federal communities in achieving national dam the national dam safety program established ties or to recommendations for authorizations. safety hazard reduction. It is not the intent of under section 8. (b) FUNDING.— this section to preempt any other Federal or ‘‘(10) STATE.—The term ‘State’ means each of (1) AUTHORIZATION OF APPROPRIATIONS.— State authorities nor is it the intent of this sec- the several States of the United States, the Dis- There is authorized to be appropriated to carry tion to mandate State participation in the grant trict of Columbia, the Commonwealth of Puerto out this section $1,000,000 for each of fiscal assistance program to be established under this Rico, the Virgin Islands, Guam, American years 1997 through 2000. section. Samoa, the Commonwealth of the Northern (2) FUNDING FROM OTHER SOURCES.—The Sec- (b) EFFECT ON OTHER DAM SAFETY PRO- Mariana Islands, and any other territory or retary may accept and expend additional funds GRAMS.—Nothing in this section (including the possession of the United States. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11167

‘‘(11) STATE DAM SAFETY AGENCY.—The term ‘‘(C) assistance for State dam safety programs ment, individuals, and private organizations in ‘State dam safety agency’ means a State agency described in subsection (f). carrying out the implementation plan. that has regulatory authority over the safety of ‘‘(b) DUTIES.—The Director shall— ‘‘(f) ASSISTANCE FOR STATE DAM SAFETY PRO- non-Federal dams. ‘‘(1) not later than 270 days after the date of GRAMS.— ‘‘(12) STATE DAM SAFETY PROGRAM.—The term the enactment of this paragraph, develop the ‘‘(1) IN GENERAL.—To encourage the establish- ‘State dam safety program’ means a State dam implementation plan described in subsection (e); ment and maintenance of effective State pro- safety program approved and assisted under sec- ‘‘(2) not later than 300 days after the date of grams intended to ensure dam safety, to protect tion 8(f). the enactment of this paragraph, submit to the human life and property, and to improve State ‘‘(13) UNITED STATES.—The term ‘United appropriate authorizing committees of Congress dam safety programs, the Director shall provide States’, when used in a geographical sense, the implementation plan described in subsection assistance with amounts made available under means all of the States.’’; (e); and section 12 to assist States in establishing and (5) in section 3 (as redesignated by paragraph ‘‘(3) by regulation, not later than 360 days maintaining dam safety programs— (3) of this subsection)— after the date of the enactment of this para- ‘‘(A) in accordance with the criteria specified (A) by striking ‘‘SEC. 3. As’’ and inserting the graph— in paragraph (2); and following: ‘‘(A) develop and implement the Program; ‘‘(B) in accordance with more advanced re- ‘‘SEC. 3. INSPECTION OF DAMS. ‘‘(B) establish goals, priorities, and target quirements and standards established by the Board and the Director with the assistance of ‘‘(a) IN GENERAL.—As’’; and dates for implementation of the Program; and (B) by adding at the end the following: ‘‘(C) to the extent feasible, provide a method established criteria such as the Model State ‘‘(b) STATE PARTICIPATION.—On request of a for cooperation and coordination with, and as- Dam Safety Program published by FEMA, num- State dam safety agency, with respect to any sistance to, interested governmental entities in bered 123 and dated April 1987, and amendments dam the failure of which would affect the State, all States. to the Model State Dam Safety Program. ‘‘(2) CRITERIA AND BUDGETING REQUIRE- the head of a Federal agency shall— ‘‘(c) OBJECTIVES.—The objectives of the Pro- ‘‘(1) provide information to the State dam gram are to— MENT.—For a State to be eligible for primary as- safety agency on the construction, operation, or ‘‘(1) ensure that new and existing dams are sistance under this subsection, a State dam safe- maintenance of the dam; or safe through the development of technologically ty program must be working toward meeting the ‘‘(2) allow any official of the State dam safety and economically feasible programs and proce- following criteria and budgeting requirement, agency to participate in the Federal inspection dures for national dam safety hazard reduction; and for a State to be eligible for advanced as- of the dam.’’; ‘‘(2) encourage acceptable engineering policies sistance under this subsection, a State dam safe- (6) in section 4 (as redesignated by paragraph and procedures to be used for dam site inves- ty program must meet the following criteria and (3) of this subsection) by striking ‘‘SEC. 4. As’’ tigation, design, construction, operation and budgeting requirement and be working toward and inserting the following: maintenance, and emergency preparedness; meeting the advanced requirements and stand- ards established under paragraph (1)(B): ‘‘SEC. 4. INVESTIGATION REPORTS TO GOV- ‘‘(3) encourage the establishment and imple- ‘‘(A) CRITERIA.—For a State to be eligible for ERNORS. mentation of effective dam safety programs in assistance under this subsection, a State dam ‘‘As’’; each State based on State standards; safety program must be authorized by State leg- (7) in section 5 (as redesignated by paragraph ‘‘(4) develop and encourage public awareness islation to include substantially, at a mini- (3) of this subsection) by striking ‘‘SEC. 5. For’’ projects to increase public acceptance and sup- mum— and inserting the following: port of State dam safety programs; ‘‘(5) develop technical assistance materials for ‘‘(i) the authority to review and approve plans ‘‘SEC. 5. DETERMINATION OF DANGER TO HUMAN and specifications to construct, enlarge, modify, LIFE AND PROPERTY. Federal and non-Federal dam safety programs; and remove, and abandon dams; ‘‘For’’; and ‘‘(ii) the authority to perform periodic inspec- (8) by inserting after section 5 (as redesig- ‘‘(6) develop mechanisms with which to pro- vide Federal technical assistance for dam safety tions during dam construction to ensure compli- nated by paragraph (3) of this subsection) the ance with approved plans and specifications; following: to the non-Federal sector. ‘‘(d) COMPONENTS.— ‘‘(iii) a requirement that, on completion of ‘‘SEC. 6. NATIONAL DAM INVENTORY. ‘‘(1) IN GENERAL.—The Program shall consist dam construction, State approval must be given ‘‘The Secretary of the Army, acting through of— before operation of the dam; the Chief of Engineers, may maintain and peri- ‘‘(A) a Federal element and a non-Federal ele- ‘‘(iv)(I) the authority to require or perform the odically publish updated information on the in- ment; and inspection, at least once every 5 years, of all ventory of dams in the United States. ‘‘(B) leadership activity, technical assistance dams and reservoirs that would pose a signifi- ‘‘SEC. 7. INTERAGENCY COMMITTEE ON DAM activity, and public awareness activity. cant threat to human life and property in case SAFETY. ‘‘(2) ELEMENTS.— of failure to determine the continued safety of ‘‘(a) ESTABLISHMENT.—There is established an ‘‘(A) FEDERAL.—The Federal element shall in- the dams and reservoirs; and Interagency Committee on Dam Safety— corporate the activities and practices carried out ‘‘(II) a procedure for more detailed and fre- ‘‘(1) comprised of a representative of each of by Federal agencies under section 7 to imple- quent safety inspections; the Department of Agriculture, the Department ment the Federal Guidelines for Dam Safety. ‘‘(v) a requirement that all inspections be per- of Defense, the Department of Energy, the De- ‘‘(B) NON-FEDERAL.—The non-Federal element formed under the supervision of a State-reg- partment of the Interior, the Department of shall consist of— istered professional engineer with related experi- Labor, FEMA, the Federal Energy Regulatory ‘‘(i) the activities and practices carried out by ence in dam design and construction; Commission, the Nuclear Regulatory Commis- States, local governments, and the private sector ‘‘(vi) the authority to issue notices, when ap- sion, the Tennessee Valley Authority, and the to safely build, regulate, operate, and maintain propriate, to require owners of dams to perform United States Section of the International dams; and necessary maintenance or remedial work, revise Boundary Commission; and ‘‘(ii) Federal activities that foster State efforts operating procedures, or take other actions, in- ‘‘(2) chaired by the Director. to develop and implement effective programs for cluding breaching dams when necessary; ‘‘(b) DUTIES.—ICODS shall encourage the es- the safety of dams. ‘‘(vii) regulations for carrying out the legisla- tablishment and maintenance of effective Fed- ‘‘(3) FUNCTIONAL ACTIVITIES.— tion of the State described in this subparagraph; eral and State programs, policies, and guidelines ‘‘(A) LEADERSHIP.—The leadership activity ‘‘(viii) provision for necessary funds— ‘‘(I) to ensure timely repairs or other changes intended to enhance dam safety for the protec- shall be the responsibility of FEMA and shall be to, or removal of, a dam in order to protect tion of human life and property through— exercised by chairing ICODS to coordinate Fed- human life and property; and ‘‘(1) coordination and information exchange eral efforts in cooperation with State dam safety ‘‘(II) if the owner of the dam does not take ac- among Federal agencies and State dam safety officials. tion described in subclause (I), to take appro- agencies; and ‘‘(B) TECHNICAL ASSISTANCE.—The technical ‘‘(2) coordination and information exchange priate action as expeditiously as practicable; assistance activity shall consist of the transfer ‘‘(ix) a system of emergency procedures to be among Federal agencies concerning implementa- of knowledge and technical information among used if a dam fails or if the failure of a dam is tion of the Federal Guidelines for Dam Safety. the Federal and non-Federal elements described imminent; and ‘‘SEC. 8. NATIONAL DAM SAFETY PROGRAM. in paragraph (2). ‘‘(x) an identification of— ‘‘(a) IN GENERAL.—The Director, in consulta- ‘‘(C) PUBLIC AWARENESS.—The public aware- ‘‘(I) each dam the failure of which could be tion with ICODS and State dam safety agencies, ness activity shall provide for the education of reasonably expected to endanger human life; and the Board shall establish and maintain, in the public, including State and local officials, in ‘‘(II) the maximum area that could be flooded accordance with this section, a coordinated na- the hazards of dam failure, methods of reducing if the dam failed; and tional dam safety program. The Program shall— the adverse consequences of dam failure, and re- ‘‘(III) necessary public facilities that would be ‘‘(1) be administered by FEMA to achieve the lated matters. affected by the flooding. objectives set forth in subsection (c); ‘‘(e) IMPLEMENTATION PLAN.—The Director ‘‘(B) BUDGETING REQUIREMENT.—For a State ‘‘(2) involve, to the extent appropriate, each shall— to be eligible for assistance under this sub- Federal agency; and ‘‘(1) develop an implementation plan for the section, State appropriations must be budgeted ‘‘(3) include— Program that shall set, through fiscal year 2002, to carry out the legislation of the State under ‘‘(A) each of the components described in sub- year-by-year targets that demonstrate improve- subparagraph (A). section (d); ments in dam safety; and ‘‘(3) WORK PLANS.—The Director shall enter ‘‘(B) the implementation plan described in ‘‘(2) recommend appropriate roles for Federal into a contract with each State receiving assist- subsection (e); and agencies and for State and local units of govern- ance under paragraph (2) to develop a work H11168 CONGRESSIONAL RECORD — HOUSE September 25, 1996 plan necessary for the State dam safety program thorized for an employee of an agency under paragraph may not exceed 50 percent of the rea- to reach a level of program performance speci- subchapter I of chapter 57 of title 5, United sonable cost of implementing the State dam safe- fied in the contract. States Code, while away from the home or regu- ty program. ‘‘(4) MAINTENANCE OF EFFORT.—Assistance lar place of business of the member in the per- ‘‘(C) DETERMINATION.—The Director and the may not be provided to a State under this sub- formance of services for the Board. Board shall determine the amount allocated to section for a fiscal year unless the State enters ‘‘(6) APPLICABILITY OF FEDERAL ADVISORY States needing primary assistance and States into such agreement with the Director as the Di- COMMITTEE ACT.—The Federal Advisory Com- needing advanced assistance under section 8(f). rector requires to ensure that the State will mittee Act (5 U.S.C. App.) shall not apply to the ‘‘(b) NATIONAL DAM INVENTORY.—There is au- maintain the aggregate expenditures of the Board. thorized to be appropriated to carry out section State from all other sources for programs to en- ‘‘SEC. 9. RESEARCH. 6 $500,000 for each fiscal year. sure dam safety for the protection of human life ‘‘(a) IN GENERAL.—The Director, in coopera- ‘‘(c) DAM SAFETY TRAINING.—There is author- and property at or above a level equal to the av- tion with ICODS, shall carry out a program of ized to be appropriated to carry out section 8(g) erage annual level of such expenditures for the technical and archival research to develop— $500,000 for each of fiscal years 1998 through 2 fiscal years preceding the fiscal year. ‘‘(1) improved techniques, historical experi- 2002. ‘‘(5) APPROVAL OF PROGRAMS.— ence, and equipment for rapid and effective dam ‘‘(d) RESEARCH.—There is authorized to be ap- ‘‘(A) SUBMISSION.—For a State to be eligible construction, rehabilitation, and inspection; propriated to carry out section 9 $1,000,000 for for assistance under this subsection, a plan for and each of fiscal years 1998 through 2002. a State dam safety program shall be submitted ‘‘(2) devices for the continued monitoring of ‘‘(e) STAFF.—There is authorized to be appro- to the Director for approval. the safety of dams. priated to FEMA for the employment of such ‘‘(B) APPROVAL.—A State dam safety program ‘‘(b) CONSULTATION.—The Director shall pro- additional staff personnel as are necessary to shall be deemed to be approved 120 days after vide for State participation in research under carry out sections 6 through 9 $400,000 for each the date of receipt by the Director unless the Di- subsection (a) and periodically advise all States of fiscal years 1998 through 2002. rector determines within the 120-day period that and Congress of the results of the research. ‘‘(f) LIMITATION ON USE OF AMOUNTS.— Amounts made available under this Act may not the State dam safety program fails to meet the ‘‘SEC. 10. REPORTS. requirements of paragraphs (1) through (3). be used to construct or repair any Federal or ‘‘(a) REPORT ON DAM INSURANCE.—Not later OTIFICATION OF DISAPPROVAL.—If the non-Federal dam.’’. ‘‘(C) N than 180 days after the date of the enactment of Director determines that a State dam safety pro- (d) CONFORMING AMENDMENT.—Section 3(2) of this subsection, the Director shall report to Con- gram does not meet the requirements for ap- the Indian Dams Safety Act of 1994 (25 U.S.C. gress on the availability of dam insurance and proval, the Director shall immediately notify the 3802(2); 108 Stat. 1560) is amended by striking make recommendations concerning encouraging State in writing and provide the reasons for the ‘‘the first section of Public Law 92–367 (33 greater availability. determination and the changes that are nec- U.S.C. 467)’’ and inserting ‘‘section 2 of the Na- ‘‘(b) BIENNIAL REPORTS.—Not later than 90 tional Dam Safety Program Act’’. essary for the plan to be approved. days after the end of each odd-numbered fiscal ‘‘(6) REVIEW OF STATE DAM SAFETY PRO- SEC. 216. HYDROELECTRIC POWER PROJECT year, the Director shall submit a report to Con- GRAMS.—Using the expertise of the Board, the UPRATING. gress that— (a) IN GENERAL.—In carrying out the mainte- Director shall periodically review State dam ‘‘(1) describes the status of the Program; nance, rehabilitation, and modernization of a safety programs. If the Board finds that a State ‘‘(2) describes the progress achieved by Fed- hydroelectric power generating facility at a dam safety program has proven inadequate to eral agencies during the 2 preceding fiscal years water resources project under the jurisdiction of reasonably protect human life and property and in implementing the Federal Guidelines for Dam the Department of the Army, the Secretary may the Director concurs, the Director shall revoke Safety; take, to the extent funds are made available in approval of the State dam safety program, and ‘‘(3) describes the progress achieved in dam appropriations Acts, such actions as are nec- withhold assistance under this subsection, until safety by States participating in the Program; essary to increase the efficiency of energy pro- the State dam safety program again meets the and duction or the capacity of the facility, or both, requirements for approval. ‘‘(4) includes any recommendations for legisla- if, after consulting with the heads of other ap- ‘‘(g) DAM SAFETY TRAINING.—At the request of tive and other action that the Director considers propriate Federal and State agencies, the Sec- any State that has or intends to develop a State necessary. dam safety program, the Director shall provide retary determines that the increase— training for State dam safety staff and inspec- ‘‘SEC. 11. STATUTORY CONSTRUCTION. (1) is economically justified and financially tors. ‘‘Nothing in this Act and no action or failure feasible; to act under this Act shall— ‘‘(h) BOARD.— (2) will not result in any significant adverse ‘‘(1) ESTABLISHMENT.—The Director may es- ‘‘(1) create any liability in the United States effect on the other purposes for which the tablish an advisory board to be known as the or its officers or employees for the recovery of project is authorized; ‘National Dam Safety Review Board’ to monitor damages caused by such action or failure to act; (3) will not result in significant adverse envi- State implementation of this section. ‘‘(2) relieve an owner or operator of a dam of ronmental impacts; ‘‘(2) AUTHORITY.—The Board may use the ex- the legal duties, obligations, or liabilities inci- (4) will not involve major structural or oper- pertise of Federal agencies and enter into con- dent to the ownership or operation of the dam; ational changes in the project; and tracts for necessary studies to carry out this sec- or (5) will not adversely affect the use, manage- tion. ‘‘(3) preempt any other Federal or State law. ment, or protection of existing Federal, State, or ‘‘(3) MEMBERSHIP.—The Board shall consist of ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS. tribal water rights. 11 members selected by the Director for expertise ‘‘(a) NATIONAL DAM SAFETY PROGRAM.— ‘‘(b) CONSULTATION.—Before proceeding with in dam safety, of whom— ‘‘(1) ANNUAL AMOUNTS.—There are authorized the proposed uprating under subsection (a), the ‘‘(A) 1 member shall represent the Department to be appropriated to FEMA to carry out sec- Secretary shall provide affected State, tribal, of Agriculture; tions 7, 8, and 10 (in addition to any amounts and Federal agencies with a copy of the pro- ‘‘(B) 1 member shall represent the Department made available for similar purposes included in posed determinations under subsection (a). If of Defense; any other Act and amounts made available the agencies submit comments, the Secretary ‘‘(C) 1 member shall represent the Department under subsections (b) through (e)), $1,000,000 for shall accept those comments or respond in writ- of the Interior; fiscal year 1998, $2,000,000 for fiscal year 1999, ing to any objections those agencies raise to the ‘‘(D) 1 member shall represent FEMA; $4,000,000 for fiscal year 2000, $4,000,000 for fis- proposed determinations. ‘‘(E) 1 member shall represent the Federal En- cal year 2001, and $4,000,000 for fiscal year 2002. (c) EFFECT ON OTHER AUTHORITY.—This sec- ergy Regulatory Commission; ‘‘(2) ALLOCATION.— tion shall not affect the authority of the Sec- ‘‘(F) 5 members shall be selected by the Direc- ‘‘(A) IN GENERAL.—Subject to subparagraphs retary and the Administrator of the Bonneville tor from among dam safety officials of States; (B) and (C), for each fiscal year, amounts made Power Administration under section 2406 of the and available under this subsection to carry out sec- Energy Policy Act of 1992 (16 U.S.C. 839d–1; 106 ‘‘(G) 1 member shall be selected by the Direc- tion 8 shall be allocated among the States as fol- Stat. 3099). tor to represent the United States Committee on lows: SEC. 217. DREDGED MATERIAL DISPOSAL FACIL- Large Dams. ‘‘(i) One-third among States that qualify for ITY PARTNERSHIPS. ‘‘(4) COMPENSATION OF MEMBERS.— assistance under section 8(f). (a) ADDITIONAL CAPACITY.— ‘‘(A) FEDERAL EMPLOYEES.—Each member of ‘‘(ii) Two-thirds among States that qualify for (1) PROVIDED BY SECRETARY.—At the request the Board who is an officer or employee of the assistance under section 8(f), to each such State of a non-Federal interest with respect to a United States shall serve without compensation in proportion to— project, the Secretary may provide additional in addition to compensation received for the ‘‘(I) the number of dams in the State that are capacity at a dredged material disposal facility services of the member as an officer or employee listed as State-regulated dams on the inventory constructed by the Secretary beyond the capac- of the United States. of dams maintained under section 6; as com- ity that would be required for project purposes ‘‘(B) OTHER MEMBERS.—Each member of the pared to if the non-Federal interest agrees to pay, during Board who is not an officer or employee of the ‘‘(II) the number of dams in all States that are the period of construction, all costs associated United States shall serve without compensation. listed as State-regulated dams on the inventory with the construction of the additional capac- ‘‘(5) TRAVEL EXPENSES.—Each member of the of dams maintained under section 6. ity. Board shall be allowed travel expenses, includ- ‘‘(B) MAXIMUM AMOUNT OF ALLOCATION.—The (2) COST RECOVERY AUTHORITY.—The non- ing per diem in lieu of subsistence, at rates au- amount of funds allocated to a State under this Federal interest may recover the costs assigned September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11169 to the additional capacity through fees assessed (1) by striking ‘‘thirteen, fourteen, and fif- (1) by striking ‘‘Within ninety’’ and inserting on third parties whose dredged material is de- teen’’ each place it appears and inserting ‘‘13, ‘‘Within 30’’; and posited at the facility and who enter into agree- 14, 15, 19, and 20’’; and (2) by striking ‘‘ninety-day period.’’ and in- ments with the non-Federal interest for the use (2) by striking ‘‘not exceeding twenty-five serting ‘‘30-day period.’’. of the facility. The amount of such fees may be hundred dollars nor less than five hundred dol- SEC. 224. SECTION 215 REIMBURSEMENT LIMITA- determined by the non-Federal interest. lars’’ and inserting ‘‘of up to $25,000 per day’’. TION PER PROJECT. (b) NON-FEDERAL USE OF DISPOSAL FACILI- (b) GENERAL AUTHORITY.—Section 20 of such (a) IN GENERAL.—The last sentence of section TIES.— Act (33 U.S.C. 415) is amended— 215(a) of the Flood Control Act of 1968 (42 (1) IN GENERAL.—The Secretary— (1) in subsection (a) by striking ‘‘expense’’ the U.S.C. 1962d–5a(a)) is amended— (A) may permit the use of any dredged mate- 1st place it appears and inserting ‘‘actual ex- (1) by striking ‘‘$3,000,000’’ and inserting rial disposal facility under the jurisdiction of, or pense, including administrative expenses,’’; ‘‘$5,000,000’’; and managed by, the Secretary by a non-Federal in- (2) in subsection (b) by striking ‘‘cost’’ and in- (2) by striking the final period. terest if the Secretary determines that such use serting ‘‘actual cost, including administrative (b) MODIFICATION OF REIMBURSEMENT LIMITA- will not reduce the availability of the facility for costs,’’; TION FOR SAN ANTONIO RIVER AUTHORITY.—Not- project purposes; and (3) by redesignating subsection (b) as sub- withstanding the last sentence of section 215(a) (B) may impose fees to recover capital, oper- section (c); and of the Flood Control Act of 1968 (42 U.S.C. ation, and maintenance costs associated with (4) by inserting after subsection (a) the follow- 1962d–5a(a)) and the agreement executed on No- such use. ing: (2) USE OF FEES.—Notwithstanding section vember 7, 1992, by the Secretary and the San ‘‘(b) REMOVAL REQUIREMENT.—Not later than 401(c) of the Federal Water Pollution Control Antonio River Authority, Texas, the Secretary 24 hours after the Secretary of the Department Act (33 U.S.C. 1341(c)) but subject to advance shall reimburse the Authority an amount not to in which the Coast Guard is operating issues an appropriations, any monies received through exceed a total of $5,000,000 for the work carried order to stop or delay navigation in any navi- collection of fees under this subsection shall be out by the Authority under the agreement, in- gable waters of the United States because of available to the Secretary, and shall be used by cluding any amounts paid to the Authority conditions related to the sinking or grounding of the Secretary, for the operation and mainte- under the terms of the agreement before the date a vessel, the owner or operator of the vessel, nance of the disposal facility from which the of the enactment of this Act. with the approval of the Secretary of the Army, fees were collected. SEC. 225. MELALEUCA. shall begin removal of the vessel using the most (c) PUBLIC-PRIVATE PARTNERSHIPS.— Section 104(a) of the River and Harbor Act of (1) IN GENERAL.—The Secretary may carry out expeditious removal method available or, if ap- 1958 (33 U.S.C. 610(a)) is amended by inserting a program to evaluate and implement opportuni- propriate, secure the vessel pending removal to ‘‘melaleuca,’’ after ‘‘milfoil,’’. ties for public-private partnerships in the de- allow navigation to resume. If the owner or op- erator fails to begin removal or to secure the ves- SEC. 226. SEDIMENTS DECONTAMINATION TECH- sign, construction, management, or operation of NOLOGY. sel pending removal or fails to complete removal dredged material disposal facilities in connec- (a) PROJECT PURPOSE.—Section 405(a) of the on an expedited basis, the Secretary of the Army tion with construction or maintenance of Fed- Water Resources Development Act of 1992 (33 shall remove or destroy the vessel using the sum- eral navigation projects. If a non-Federal inter- U.S.C. 2239 note; 106 Stat. 4863) is amended by mary removal procedures under subsection est is a sponsor of the project, the Secretary adding at the end the following: (a).’’. shall consult with the non-Federal interest in ‘‘(3) PROJECT PURPOSE.—The purpose of the carrying out the program with respect to the SEC. 219. SMALL PROJECT AUTHORIZATIONS. project to be carried out under this section is to project. Section 14 of the Act entitled ‘‘An Act author- provide for the development of 1 or more sedi- (2) PRIVATE FINANCING.— izing the construction, repair, and preservation ment decontamination technologies on a pilot (A) AGREEMENTS.—In carrying out this sub- of certain public works on rivers and harbors, scale demonstrating a capacity of at least section, the Secretary may enter into an agree- and for other purposes’’, approved July 24, 1946 500,000 cubic yards per year.’’. ment with a non-Federal interest with respect to (33 U.S.C. 701r), is amended— (b) AUTHORIZATION OF APPROPRIATIONS.—The a project, a private entity, or both for the acqui- (1) by striking ‘‘$12,500,000’’ and inserting 1st sentence of section 405(c) of such Act is sition, design, construction, management, or op- ‘‘$15,000,000’’; and amended to read as follows: ‘‘There is author- eration of a dredged material disposal facility (2) by striking ‘‘$500,000’’ and inserting ized to be appropriated to carry out this section (including any facility used to demonstrate po- ‘‘$1,000,000’’. $10,000,000.’’. tential beneficial uses of dredged material) using SEC. 220. UNECONOMICAL COST-SHARING RE- (c) REPORTS.—Section 405 of such Act is funds provided in whole or in part by the pri- QUIREMENTS. amended by adding at the end the following: vate entity. Section 221(a) of the Flood Control Act of 1970 ‘‘(d) REPORTS.—Not later than September 30, (B) REIMBURSEMENT.—If any funds provided (42 U.S.C. 1962d–5b(a)) is amended by striking 1998, and periodically thereafter, the Adminis- by a private entity are used to carry out a the period at the end of the 1st sentence and in- trator and the Secretary shall transmit to Con- project under this subsection, the Secretary may serting the following: ‘‘; except that no such gress a report on the results of the project to be reimburse the private entity over a period of agreement shall be required if the Secretary de- carried out under this section, including an as- time agreed to by the parties to the agreement termines that the administrative costs associated sessment of the progress made in achieving the through the payment of subsequent user fees. with negotiating, executing, or administering purpose of the project set forth in subsection Such fees may include the payment of a disposal the agreement would exceed the amount of the (a)(3).’’. or tipping fee for placement of suitable dredged contribution required from the non-Federal in- SEC. 227. SHORE PROTECTION. material at the facility. terest and are less than $25,000.’’. (C) AMOUNT OF FEES.—User fees paid pursu- (a) DECLARATION OF POLICY.—Subsection (a) ant to subparagraph (B) shall be sufficient to SEC. 221. PLANNING ASSISTANCE TO STATES. of the 1st section of the Act entitled ‘‘An Act au- repay funds contributed by the private entity Section 22 of the Water Resources Develop- thorizing Federal participation in the cost of plus a reasonable return on investment ap- ment Act of 1974 (42 U.S.C. 1962d–16) is amend- protecting the shores of publicly owned prop- proved by the Secretary in cooperation with the ed— erty’’, approved August 13, 1946 (33 U.S.C. 426e), non-Federal interest with respect to the project (1) in subsection (a) by inserting ‘‘, water- is amended— and the private entity. sheds, or ecosystems’’ after ‘‘basins’’; (1) by striking ‘‘damage to the shores’’ and in- (D) FEDERAL SHARE.—The Federal share of (2) in subsection (b)— serting ‘‘damage to the shores and beaches’’; such fees shall be equal to the percentage of the (A) by striking paragraph (2); and and total cost that would otherwise be borne by the (B) by redesignating paragraphs (3) and (4) as (2) by striking ‘‘the following provisions’’ and Federal Government as required pursuant to ex- paragraphs (2) and (3), respectively; and all that follows through the period at the end of isting cost-sharing requirements, including sec- (3) in subsection (c)— such subsection and inserting the following: tion 103 of the Water Resources Development (A) by striking ‘‘$6,000,000’’ and inserting ‘‘this Act, to promote shore protection projects Act of 1986 (33 U.S.C. 2213) and section 204 of ‘‘$10,000,000’’; and and related research that encourage the protec- the Water Resources Development Act of 1992 (B) by striking ‘‘$300,000’’ and inserting tion, restoration, and enhancement of sandy (33 U.S.C. 2325). ‘‘$500,000’’. beaches, including beach restoration and peri- (E) BUDGET ACT COMPLIANCE.—Any spending SEC. 222. CORPS OF ENGINEERS EXPENSES. odic beach nourishment, on a comprehensive authority (as defined in section 401(c)(2) of the Section 211 of the Flood Control Act of 1950 and coordinated basis by the Federal Govern- Congressional Budget Act of 1974 (2 U.S.C. (33 U.S.C. 701u; 64 Stat. 183) is amended— ment, States, localities, and private enterprises. 651(c)(2))) authorized by this section shall be ef- (1) by striking ‘‘continental limits of the’’; and In carrying out this policy, preference shall be fective only to such extent and in such amounts (2) by striking the 2d colon and all that fol- given to areas in which there has been a Federal as are provided in appropriation Acts. lows through ‘‘for this purpose’’. investment of funds and areas with respect to SEC. 218. OBSTRUCTION REMOVAL REQUIRE- SEC. 223. STATE AND FEDERAL AGENCY REVIEW which the need for prevention or mitigation of MENT. PERIOD. damage to shores and beaches is attributable to (a) PENALTY.—Section 16 of the Act entitled Paragraph (a) of the 1st section of the Act en- Federal navigation projects or other Federal ac- ‘‘An Act making appropriations for the con- titled ‘‘An Act authorizing the construction of tivities.’’. struction, repair, and preservation of certain certain public works on rivers and harbors for (b) AUTHORIZATION OF PROJECTS.—Subsection public works on rivers and harbors, and for flood control, and other purposes’’, approved (e) of such section is amended— other purposes’’, approved March 3, 1899 (33 December 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. (1) by striking ‘‘(e) No’’ and inserting the fol- U.S.C. 411; 30 Stat. 1153), is amended— 888), is amended— lowing: H11170 CONGRESSIONAL RECORD — HOUSE September 25, 1996

‘‘(e) AUTHORIZATION OF PROJECTS.— ‘‘(1) REQUIREMENT.—After authorization of ‘‘(D) the avoidance of negative impacts to ad- ‘‘(1) IN GENERAL.—No’’; reimbursement by the Secretary under this sec- jacent shorefront communities; (2) by moving the remainder of the text of tion, and before commencement of construction, ‘‘(E) in areas with substantial residential or paragraph (1) (as designated by paragraph (1) of a shore protection project, the Secretary shall commercial interests adjacent to the shoreline, of this subsection) 2 ems to the right; and enter into a written agreement with the non- designs that do not impair the aesthetic appeal (3) by adding at the end the following: Federal interest with respect to the project or of the interests; ‘‘(2) STUDIES.— separable element. ‘‘(F) the potential for long-term protection af- ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(2) TERMS.—The agreement shall— forded by the technology; and ‘‘(i) recommend to Congress studies concern- ‘‘(A) specify the life of the project; and ‘‘(G) recommendations developed from evalua- ing shore protection projects that meet the cri- ‘‘(B) ensure that the Federal Government and tions of the original 1974 program established teria established under this Act (including sub- the non-Federal interest will cooperate in carry- under the Shoreline Erosion Control Demonstra- paragraph (B)(iii)) and other applicable law; ing out the project or separable element.’’. tion Act of 1974 (42 U.S.C. 1962d–5 note; 88 Stat. ‘‘(ii) conduct such studies as Congress re- (2) OTHER SHORELINE PROTECTION PROJECTS.— 26), including— quires under applicable laws; and Section 206(e)(1)(A) of the Water Resources De- ‘‘(i) adequate consideration of the subgrade; ‘‘(iii) report the results of the studies to the velopment Act of 1992 (33 U.S.C. 426i–1(e)(1)(A); ‘‘(ii) proper filtration; Committee on Environment and Public Works of 106 Stat. 4829) is amended by inserting before ‘‘(iii) durable components; the Senate and the Committee on Transpor- the semicolon the following: ‘‘and enters into a ‘‘(iv) adequate connection between units; and ‘‘(v) consideration of additional relevant in- tation and Infrastructure of the House of Rep- written agreement with the non-Federal interest formation. resentatives. with respect to the project or separable element ‘‘(3) SITES.— ‘‘(B) RECOMMENDATIONS FOR SHORE PROTEC- (including the terms of cooperation)’’. ‘‘(A) IN GENERAL.—Each project under the (d) STATE AND REGIONAL PLANS.—The Act en- TION PROJECTS.— erosion control program shall be carried out at ‘‘(i) IN GENERAL.—The Secretary shall rec- titled ‘‘An Act authorizing Federal participation in the cost of protecting the shores of publicly a privately owned site with substantial public ommend to Congress the authorization or reau- access, or a publicly owned site, on open coast thorization of shore protection projects based on owned property’’, approved August 13, 1946, is amended— or on tidal waters. the studies conducted under subparagraph (A). ELECTION.—The Secretary shall develop (1) by redesignating section 4 (33 U.S.C. 426h) ‘‘(B) S ‘‘(ii) CONSIDERATIONS.—In making rec- criteria for the selection of sites for the projects, ommendations, the Secretary shall consider the as section 5; and (2) by inserting after section 3 (33 U.S.C. 426g) including— economic and ecological benefits of the shore ‘‘(i) a variety of geographical and climatic the following: protection project. conditions; ‘‘(C) COORDINATION OF PROJECTS.—In con- ‘‘SEC. 4. STATE AND REGIONAL PLANS. ‘‘(ii) the size of the population that is depend- ducting studies and making recommendations ‘‘The Secretary may— ent on the beaches for recreation, protection of for a shore protection project under this para- ‘‘(1) cooperate with any State in the prepara- homes, or commercial interests; graph, the Secretary shall— tion of a comprehensive State or regional plan ‘‘(iii) the rate of erosion; ‘‘(i) determine whether there is any other for the conservation of coastal resources located ‘‘(iv) significant natural resources or habitats project being carried out by the Secretary or the within the boundaries of the State; and environmentally sensitive areas; and head of another Federal agency that may be ‘‘(2) encourage State participation in the im- ‘‘(v) significant threatened historic structures complementary to the shore protection project; plementation of the plan; and or landmarks. and ‘‘(3) submit to Congress reports and rec- ‘‘(C) AREAS.—Projects under the erosion con- ‘‘(ii) if there is such a complementary project, ommendations with respect to appropriate Fed- trol program shall be carried out at not fewer describe the efforts that will be made to coordi- eral participation in carrying out the plan.’’. than— nate the projects. (e) NATIONAL SHORELINE EROSION CONTROL ‘‘(i) 2 sites on each of the shorelines of the At- ‘‘(3) SHORE PROTECTION PROJECTS.— DEVELOPMENT AND DEMONSTRATION PROGRAM lantic and Pacific coasts; ‘‘(A) IN GENERAL.—The Secretary shall con- AND DEFINITIONS.— ‘‘(ii) 2 sites on the shoreline of the Great struct, or cause to be constructed, any shore (1) IN GENERAL.—The Act entitled ‘‘An Act Lakes; and protection project authorized by Congress, or authorizing Federal participation in the cost of ‘‘(iii) 1 site on the shoreline of the Gulf of separable element of such a project, for which protecting the shores of publicly owned prop- Mexico. funds have been appropriated by Congress. erty’’, approved August 13, 1946 (33 U.S.C. 426e ‘‘(4) DETERMINATION OF FEASIBILITY.—Imple- ‘‘(B) AGREEMENTS.— et seq.), is amended by striking section 5 (as re- mentation of a project under this section is con- ‘‘(i) REQUIREMENT.—After authorization by designated by subsection (d)(1) of this section) tingent upon a determination by the Secretary Congress, and before commencement of con- and inserting the following: that such project is feasible. struction, of a shore protection project or sepa- ‘‘SEC. 5. NATIONAL SHORELINE EROSION CON- ‘‘(c) CONSULTATION.— rable element, the Secretary shall enter into a TROL DEVELOPMENT AND DEM- ‘‘(1) PARTIES.—The Secretary shall carry out written agreement with a non-Federal interest ONSTRATION PROGRAM. the erosion control program in consultation with respect to the project or separable element. ‘‘(a) ESTABLISHMENT OF EROSION CONTROL with— PROGRAM.—The Secretary shall establish and ‘‘(ii) TERMS.—The agreement shall— ‘‘(A) the Secretary of Agriculture, particularly ‘‘(I) specify the life of the project; and conduct a national shoreline erosion control de- with respect to vegetative means of preventing ‘‘(II) ensure that the Federal Government and velopment and demonstration program for a pe- and controlling shoreline erosion; the non-Federal interest will cooperate in carry- riod of 6 years beginning on the date that funds ‘‘(B) Federal, State, and local agencies; ‘‘(C) private organizations; ing out the project or separable element. are made available to carry out this section. ‘‘(b) REQUIREMENTS.— ‘‘(D) the Coastal Engineering Research Center ‘‘(C) COORDINATION OF PROJECTS.—In con- ‘‘(1) IN GENERAL.—The erosion control pro- established under the 1st section of the Act enti- structing a shore protection project or separable gram shall include provisions for— tled ‘An Act to make certain changes in the element under this paragraph, the Secretary ‘‘(A) projects consisting of planning, design- functions of the Beach Erosion Board and the shall, to the extent practicable, coordinate the ing, and constructing prototype engineered and Board of Engineers for Rivers and Harbors, and project or element with any complementary vegetative shoreline erosion control devices and for other purposes’, approved November 7, 1963 project identified under paragraph (2)(C).’’. methods during the first 3 years of the erosion (33 U.S.C. 426–1); and (c) REQUIREMENT OF AGREEMENTS PRIOR TO control program; ‘‘(E) university research facilities. REIMBURSEMENTS.— ‘‘(B) adequate monitoring of the prototypes ‘‘(2) AGREEMENTS.—The consultation de- (1) SMALL SHORE PROTECTION PROJECTS.—Sec- throughout the duration of the erosion control scribed in paragraph (1) may include entering tion 2 of the Act entitled ‘‘An Act authorizing program; into agreements with other Federal, State, or Federal participation in the cost of protecting ‘‘(C) detailed engineering and environmental local agencies or private organizations to carry the shores of publicly owned property’’, ap- reports on the results of each demonstration out functions described in subsection (b)(1) proved August 13, 1946 (33 U.S.C. 426f), is project carried out under the erosion control when appropriate. amended— program; and ‘‘(d) REPORT.—Not later than 60 days after (A) by striking ‘‘SEC. 2. The Secretary of the ‘‘(D) technology transfers to private property the conclusion of the erosion control program, Army’’ and inserting the following: owners and State and local entities. the Secretary shall prepare and submit an ero- ‘‘SEC. 2. REIMBURSEMENTS. ‘‘(2) EMPHASIS.—The projects carried out sion control program final report to the Commit- ‘‘(a) IN GENERAL.—The Secretary’’; under the erosion control program shall empha- tee on Environment and Public Works of the (B) in subsection (a) (as designated by sub- size, to the extent practicable— Senate and the Committee on Transportation paragraph (A) of this paragraph)— ‘‘(A) the development and demonstration of and Infrastructure of the House of Representa- (i) by striking ‘‘local interests’’ and inserting innovative technologies; tives. The report shall include a comprehensive ‘‘non-Federal interests’’; ‘‘(B) efficient designs to prevent erosion at a evaluation of the erosion control program and (ii) by inserting ‘‘or separable element of the shoreline site, taking into account the life-cycle recommendations regarding the continuation of project’’ after ‘‘project’’; and cost of the design, including cleanup, mainte- the erosion control program. (iii) by inserting ‘‘or separable elements’’ after nance, and amortization; ‘‘(e) FUNDING.— ‘‘projects’’ each place it appears; and ‘‘(C) natural designs, including the use of ‘‘(1) RESPONSIBILITY.—The cost of and respon- (C) by adding at the end the following: vegetation or temporary structures that mini- sibility for operation and maintenance (exclud- ‘‘(b) AGREEMENTS.— mize permanent structural alterations; ing monitoring) of a demonstration project September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11171

under the erosion control program shall be Secretary may include requirements that have ‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE borne by non-Federal interests on completion of potential commercial application and may use HOPPER DREDGES.— construction of the demonstration project. such potential application as an evaluation fac- ‘‘(1) INITIATION.—The Secretary shall initiate ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— tor where appropriate. a program to increase the use of private-indus- There is authorized to be appropriated SEC. 230. BENEFITS TO NAVIGATION. try hopper dredges for the construction and $21,000,000 to carry out this section. In evaluating potential improvements to navi- maintenance of Federal navigation channels. ‘‘SEC. 6. DEFINITIONS. gation and the maintenance of navigation ‘‘(2) READY RESERVE STATUS FOR HOPPER ‘‘In this Act, the following definitions apply: projects, the Secretary shall consider, and in- DREDGE WHEELER.—In order to carry out this ‘‘(1) EROSION CONTROL PROGRAM.—The term clude for purposes of project justification, eco- subsection, the Secretary shall place the Federal ‘erosion control program’ means the national nomic benefits generated by cruise ships as com- hopper dredge Wheeler in a ready reserve status shoreline erosion control development and dem- mercial navigation benefits. not later than the earlier of 90 days after the onstration program established under this sec- SEC. 231. LOSS OF LIFE PREVENTION. date of completion of the rehabilitation of the tion. Section 904 of the Water Resources Develop- hopper dredge McFarland pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’ means ment Act of 1986 (33 U.S.C. 2281; 100 Stat. 4185) 563 of the Water Resources Development Act of the Secretary of the Army. is amended by inserting ‘‘and information re- 1996 or October 1, 1997. ‘‘(3) TESTING AND USE OF READY RESERVE HOP- ‘‘(3) SEPARABLE ELEMENT.—The term ‘sepa- garding potential loss of human life that may be PER DREDGE.—The Secretary may periodically rable element’ has the meaning provided by sec- associated with flooding and coastal storm perform routine tests of the equipment of the tion 103(f) of the Water Resources Development events,’’ after ‘‘unquantifiable,’’. Act of 1986 (33 U.S.C. 2213(f)). vessel placed in a ready reserve status under SEC. 232. SCENIC AND AESTHETIC CONSIDER- paragraph (2) to ensure the vessel’s ability to ‘‘(4) SHORE.—The term ‘shore’ includes each ATIONS. perform emergency work. The Secretary shall shoreline of the Atlantic and Pacific Oceans, In conducting studies of potential water re- not assign any scheduled hopper dredging work the Gulf of Mexico, the Great Lakes, and lakes, sources projects, the Secretary shall consider to such vessel but shall perform any repairs estuaries, and bays directly connected there- measures to preserve and enhance scenic and needed to maintain the vessel in a fully oper- with. aesthetic qualities in the vicinity of such ational condition. The Secretary may place the ‘‘(5) SHORE PROTECTION PROJECT.—The term projects. ‘shore protection project’ includes a project for vessel in active status in order to perform any SEC. 233. TERMINATION OF TECHNICAL ADVI- dredging work only if the Secretary determines beach nourishment, including the replacement SORY COMMITTEE. that private industry has failed to submit a re- of sand.’’. Section 310 of the Water Resources Develop- sponsive and responsible bid for work advertised (2) CONFORMING AMENDMENTS.—The Act enti- ment Act of 1990 (33 U.S.C. 2319; 104 Stat. 4639) by the Secretary or to carry out the project as tled ‘‘An Act authorizing Federal participation is amended— required pursuant to a contract with the Sec- in the cost of protecting the shores of publicly (1) by striking subsection (a); and owned property’’, approved August 13, 1946, is (2) in subsection (b)— retary. ‘‘(4) REPAIR AND REHABILITATION.—The Sec- amended— (A) by striking ‘‘(b) PUBLIC PARTICIPATION.— retary may undertake any repair and rehabili- (A) in subsection (b)(3) of the 1st section (33 ’’; and U.S.C. 426e(b)(3))— (B) by striking ‘‘subsection’’ each place it ap- tation of any Federal hopper dredge, including (i) by striking ‘‘of the Army, acting through pears and inserting ‘‘section’’. the vessel placed in ready reserve status under paragraph (2) to allow the vessel to be placed in the Chief of Engineers,’’; and SEC. 234. INTERAGENCY AND INTERNATIONAL (ii) by striking the final period; SUPPORT AUTHORITY. active status as provided in paragraph (3). ‘‘(5) PROCEDURES.—The Secretary shall de- (B) in subsection (e) of the 1st section by strik- (a) IN GENERAL.—The Secretary may engage velop and implement procedures to ensure that, ing ‘‘section 3’’ and inserting ‘‘section 3 or 5’’; in activities in support of other Federal agencies to the maximum extent practicable, private in- and or international organizations to address prob- dustry hopper dredge capacity is available to (C) in section 3 (33 U.S.C. 426g) by striking lems of national significance to the United meet both routine and time-sensitive dredging ‘‘Secretary of the Army’’ and inserting ‘‘Sec- States. needs. Such procedures shall include— retary’’. (b) CONSULTATION.—The Secretary may en- ‘‘(A) scheduling of contract solicitations to ef- (f) OBJECTIVES OF PROJECTS.—Section 209 of gage in activities in support of international or- fectively distribute dredging work throughout the Flood Control Act of 1970 (42 U.S.C. 1962–2; ganizations only after consulting with the Sec- the dredging season; and 84 Stat. 1829) is amended by inserting ‘‘(includ- retary of State. ‘‘(B) use of expedited contracting procedures ing shore protection projects such as projects for (c) USE OF CORPS’ EXPERTISE.—The Secretary to allow dredges performing routine work to be beach nourishment, including the replacement may use the technical and managerial expertise made available to meet time-sensitive, urgent, or of sand)’’ after ‘‘water resource projects’’. of the Corps of Engineers to address domestic emergency dredging needs. and international problems related to water re- SEC. 228. CONDITIONS FOR PROJECT ‘‘(6) REPORT.—Not later than 2 years after the DEAUTHORIZATIONS. sources, infrastructure development, and envi- date of the enactment of this subsection, the (a) IN GENERAL.—Section 1001(b)(2) of the ronmental protection. Secretary shall report to Congress on whether (d) FUNDING.—There is authorized to be ap- Water Resources Development Act of 1986 (33 the vessel placed in ready reserve status under propriated $1,000,000 to carry out this section. U.S.C. 579a(b)(2); 100 Stat. 4201) is amended— paragraph (2) is needed to be returned to active The Secretary may accept and expend addi- (1) in the 1st sentence by striking ‘‘10’’ and in- status or continued in a ready reserve status or tional funds from other Federal agencies or serting ‘‘7’’; whether another Federal hopper dredge should international organizations to carry this sec- (2) in the 2d sentence by striking ‘‘Before’’ be placed in a ready reserve status. tion. and inserting ‘‘Upon’’; and ‘‘(7) LIMITATIONS.— (3) in the last sentence by inserting ‘‘the plan- SEC. 235. SENSE OF CONGRESS; REQUIREMENT ‘‘(A) REDUCTIONS IN STATUS.—The Secretary ning, design, or’’ before ‘‘construction’’. REGARDING NOTICE. may not further reduce the readiness status of (b) CONFORMING AMENDMENTS.—Section 52 of (a) PURCHASE OF AMERICAN-MADE EQUIPMENT any Federal hopper dredge below a ready re- the Water Resources Development Act of 1988 AND PRODUCTS.—It is the sense of Congress serve status except any vessel placed in such (102 Stat. 4044) is amended— that, to the greatest extent practicable, all status for not less than 5 years that the Sec- (1) by striking subsection (a) (33 U.S.C. 579a equipment and products purchased with funds retary determines has not been used sufficiently note); made available under this Act should be Amer- to justify retaining the vessel in such status. (2) by redesignating subsections (b) through ican-made. ‘‘(B) INCREASE IN ASSIGNMENTS OF DREDGING (e) as subsections (a) through (d), respectively; (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In WORK.—For each fiscal year beginning after the and providing financial assistance under this Act, date of the enactment of this subsection, the (3) in subsection (d) (as so redesignated) by the Secretary, to the greatest extent practicable, Secretary shall not assign any greater quantity striking ‘‘or subsection (a) of this section’’. shall provide to each recipient of the assistance of dredging work to any Federal hopper dredge SEC. 229. SUPPORT OF ARMY CIVIL WORKS PRO- a notice describing the statement made in sub- in active status than was assigned to that vessel GRAM. section (a). in the average of the 3 prior fiscal years. (a) GENERAL AUTHORITY.—In carrying out re- SEC. 236. TECHNICAL CORRECTIONS. ‘‘(C) REMAINING DREDGES.—In carrying out search and development in support of the civil (a) CONTRIBUTIONS FOR ENVIRONMENTAL AND the program under this section, the Secretary works program of the Department of the Army, RECREATION PROJECTS.—Section 203(b) of the shall not reduce the availability and utilization the Secretary may utilize contracts, cooperative Water Resources Development Act of 1992 (33 of Federal hopper dredge vessels stationed on research and development agreements, coopera- U.S.C. 2325(b); 106 Stat. 4826) is amended by the Pacific and Atlantic coasts below that tive agreements, and grants with non-Federal striking ‘‘(8662)’’ and inserting ‘‘(8862)’’. which occurred in fiscal year 1996 to meet the entities, including State and local governments, (b) CHALLENGE COST-SHARING PROGRAM.—The navigation dredging needs of the ports on those colleges and universities, consortia, professional 2d sentence of section 225(c) of such Act (33 coasts. and technical societies, public and private sci- U.S.C. 2328(c); 106 Stat. 4838) is amended by ‘‘(8) CONTRACTS; PAYMENT OF CAPITAL entific and technical foundations, research in- striking ‘‘(8662)’’ and inserting ‘‘(8862)’’. COSTS.—The Secretary may enter into a contract stitutions, educational organizations, and non- SEC. 237. HOPPER DREDGES. for the maintenance and crewing of any Federal profit organizations. Section 3 of the Act of August 11, 1888 (33 hopper dredge retained in a ready reserve sta- (b) COMMERCIAL APPLICATION.—With respect U.S.C. 622; 25 Stat. 423), is amended by adding tus. The capital costs (including depreciation to contracts for research and development, the at the end the following: costs) of any dredge retained in such status H11172 CONGRESSIONAL RECORD — HOUSE September 25, 1996 shall be paid for out of funds made available 401(a) of the Water Resources Development Act with the Post Authorization Change Report from the Harbor Maintenance Trust Fund and of 1986 (100 Stat. 4116), is modified to authorize dated August 1994 at a total cost of $1,300,000, shall not be charged against the Corps of Engi- the Secretary to carry out the project substan- with an estimated Federal cost of $650,000 and neers’ Revolving Fund Account or any individ- tially in accordance with the report of the Corps an estimated non-Federal cost of $650,000. ual project cost unless the dredge is specifically of Engineers dated March 19, 1993, at a total (14) UPPER JORDAN RIVER, UTAH.—The project used in connection with that project.’’. cost of $11,100,000, with an estimated Federal for flood control, Upper Jordan River, Utah, au- TITLE III—PROJECT-RELATED cost of $8,325,000 and an estimated non-Federal thorized by section 101(a)(23) of the Water Re- PROVISIONS cost of $2,775,000. sources Development Act of 1990 (104 Stat. 4610), (7) CAPE GIRARDEAU, MISSOURI.—The project is modified to authorize the Secretary to carry SEC. 301. PROJECT MODIFICATIONS. for flood control, Cape Girardeau, Jackson Met- out the project substantially in accordance with (a) PROJECTS WITH REPORTS.— ropolitan Area, Missouri, authorized by section the General Design Memorandum for the project (1) SAN FRANCISCO RIVER AT CLIFTON, ARI- 401(a) of the Water Resources Development Act dated March 1994, and the Post Authorization ZONA.—The project for flood control, San Fran- of 1986 (100 Stat. 4118–4119), is modified to au- Change Report for the project dated April 1994, cisco River at Clifton, Arizona, authorized by thorize the Secretary to construct the project at a total cost of $12,870,000, with an estimated section 101(a)(3) of the Water Resources Devel- substantially in accordance with the report of Federal cost of $8,580,000 and an estimated non- opment Act of 1990 (104 Stat. 4606), is modified the Corps of Engineers dated July 18, 1994, in- Federal cost of $4,290,000. to authorize the Secretary to construct the cluding implementation of nonstructural meas- (b) PROJECTS SUBJECT TO REPORTS.—The fol- project substantially in accordance with the re- ures, at a total cost of $45,414,000, with an esti- lowing projects are modified as follows, except port of the Corps of Engineers dated May 28, mated Federal cost of $33,030,000 and an esti- that no funds may be obligated to carry out 1996, at a total cost of $21,100,000, with an esti- mated non-Federal cost of $12,384,000. work under such modifications until completion mated Federal cost of $13,800,000 and an esti- (8) MOLLY ANN’S BROOK, NEW JERSEY.—The of a report by the Corps of Engineers finding mated non-Federal cost of $7,300,000. project for flood control, Molly Ann’s Brook, that such work is technically sound, environ- (2) OAKLAND HARBOR, CALIFORNIA.—The New Jersey, authorized by section 401(a) of the mentally acceptable, and economic, as applica- projects for navigation, Oakland Outer Harbor, Water Resources Development Act of 1986 (100 ble: California, and Oakland Inner Harbor, Califor- Stat. 4119), is modified to authorize the Sec- (1) ALAMO DAM, ARIZONA.—The project for nia, authorized by section 202 of the Water Re- retary to carry out the project substantially in flood control and other purposes, Alamo Dam sources Development Act of 1986 (100 Stat. 4092), accordance with the report of the Corps of Engi- and Lake, Arizona, authorized by section 10 of are modified to direct the Secretary— neers dated April 3, 1996, at a total cost of the Act entitled ‘‘An Act authorizing the con- (A) to combine the 2 projects into 1 project, to $40,100,000, with an estimated Federal cost of struction of certain public works on rivers and be designated as the Oakland Harbor, Califor- $22,600,000 and an estimated non-Federal cost of harbors for flood control, and for other pur- nia, project; and $17,500,000. poses’’, approved December 22, 1944 (58 Stat. (B) to carry out the combined project substan- (9) RAMAPO RIVER AT OAKLAND, NEW JERSEY.— 900), is modified to authorize the Secretary to tially in accordance with the plans and subject The project for flood control, Ramapo River at operate the Alamo Dam to provide fish and to the conditions recommended in the report of Oakland, New Jersey, authorized by section wildlife benefits both upstream and downstream the Corps of Engineers dated July 15, 1994, at a 401(a) of the Water Resources Development Act of the Dam. Such operation shall not reduce total cost of $90,850,000, with an estimated Fed- of 1986 (100 Stat. 4120), is modified to authorize flood control and recreation benefits provided eral cost of $59,150,000 and an estimated non- the Secretary to carry out the project substan- by the project. Federal cost of $31,700,000. tially in accordance with the report of the Corps (2) PHOENIX, ARIZONA.—The project for flood The non-Federal share of project costs and any of Engineers dated May 1994, at a total cost of control and water quality improvement, Phoe- available credits toward the non-Federal share $11,300,000, with an estimated Federal cost of nix, Arizona, authorized by section 321 of the shall be calculated on the basis of the total cost $8,500,000 and an estimated non-Federal cost of Water Resources Development Act of 1992 (106 of the combined project. $2,800,000. Stat. 4848), is modified— (3) SAN LUIS REY, CALIFORNIA.—The project (10) WILMINGTON HARBOR-NORTHEAST CAPE (A) to make ecosystem restoration a project for flood control of the San Luis Rey River, FEAR RIVER, NORTH CAROLINA.—The project for purpose; and California, authorized pursuant to section 201 of navigation, Wilmington Harbor-Northeast Cape (B) to authorize the Secretary to construct the the Flood Control Act of 1965 (42 U.S.C. 1962d– Fear River, North Carolina, authorized by sec- project at a total cost of $17,500,000. 5; 79 Stat. 1073–1074), is modified to authorize tion 202(a) of the Water Resources Development (3) GLENN-COLUSA, CALIFORNIA.—The project the Secretary to construct the project substan- Act of 1986 (100 Stat. 4095), is modified to au- for flood control, Sacramento River, California, tially in accordance with the report of the Corps thorize the Secretary to construct the project authorized by section 2 of the Act entitled ‘‘An of Engineers dated May 23, 1996, at a total cost substantially in accordance with the General Act to provide for the control of the floods of the of $81,600,000, with an estimated Federal cost of Design Memorandum dated April 1990 and the Mississippi River and of the Sacramento River, $61,100,000 and an estimated non-Federal cost of General Design Memorandum Supplement dated California, and for other purposes’’, approved $20,500,000. February 1994, at a total cost of $52,041,000, March 1, 1917 (39 Stat. 949), and modified by (4) POTOMAC RIVER, WASHINGTON, DISTRICT OF with an estimated Federal cost of $25,729,000 section 102 of the Energy and Water Develop- COLUMBIA.—The project for flood control, Poto- and an estimated non-Federal cost of ment Appropriations Act, 1990 (103 Stat. 649), is mac River, Washington, District of Columbia, $26,312,000. further modified to authorize the Secretary to authorized by section 5 of the Act entitled ‘‘An (11) SAW MILL RUN, PENNSYLVANIA.—The carry out the portion of the project at Glenn- Act authorizing the construction of certain pub- project for flood control, Saw Mill Run, Pitts- Colusa, California, at a total cost of $14,200,000. lic works on rivers and harbors for flood control, burgh, Pennsylvania, authorized by section (4) TYBEE ISLAND, GEORGIA.—The project for and for other purposes’’, approved June 22, 1936 401(a) of the Water Resources Development Act beach erosion control, Tybee Island, Georgia, (49 Stat. 1574), is modified to authorize the Sec- of 1986 (100 Stat. 4124), is modified to authorize authorized pursuant to section 201 of the Flood retary to construct the project substantially in the Secretary to carry out the project substan- Control Act of 1968 (42 U.S.C. 1962d–5; 79 Stat. accordance with the General Design Memoran- tially in accordance with the report of the Corps 1073–1074), is modified to include as an integral dum dated May 1992 at a Federal cost of of Engineers dated April 8, 1994, at a total cost part of the project the portion of Tybee Island $1,800,000; except that a temporary closure may of $12,780,000, with an estimated Federal cost of located south of the existing south terminal be used instead of a permanent structure at 17th $9,585,000 and an estimated non-Federal cost of groin between 18th and 19th Streets, including Street. Operation and maintenance of the $3,195,000. the east bank of Tybee Creek up to Horse Pen project shall be a Federal responsibility. (12) SAN JUAN HARBOR, PUERTO RICO.—The Creek. (5) NORTH BRANCH OF CHICAGO RIVER, ILLI- project for navigation, San Juan Harbor, Puerto (5) COMITE RIVER, LOUISIANA.—The Comite NOIS.—The project for flood control, North Rico, authorized by section 202(a) of the Water River Diversion project for flood control, au- Branch of the Chicago River, Illinois, author- Resources Development Act of 1986 (100 Stat. thorized as part of the project for flood control, ized by section 401(a) of the Water Resources 4097), is modified to authorize the Secretary to Amite River and Tributaries, Louisiana, by sec- Development Act of 1986 (100 Stat. 4115), is deepen the bar channel to depths varying from tion 101(11) of the Water Resources Development modified to authorize the Secretary— 49 feet to 56 feet below mean low water with Act of 1992 (106 Stat. 4802–4803), is modified to (A) to carry out the project substantially in other modifications to authorized interior chan- authorize the Secretary to construct the project accordance with the report of the Corps of Engi- nels as described in the General Reevaluation at a total cost of $121,600,000, with an estimated neers dated May 26, 1994, at a total cost of Report and Environmental Assessment dated Federal cost of $70,577,000 and an estimated $34,228,000, with an estimated Federal cost of March 1994, at a total cost of $45,085,000, with non-Federal cost of $51,023,000. $20,905,000 and an estimated non-Federal cost of an estimated Federal cost of $28,244,000 and an (6) GRAND ISLE AND VICINITY, LOUISIANA.—The $13,323,000; and estimated non-Federal cost of $16,841,000. project for hurricane damage prevention, flood (B) to reimburse the city of Deerfield, Illinois, (13) INDIA POINT RAILROAD BRIDGE, SEEKONK control, and beach erosion along Grand Isle and an amount not to exceed $38,500 for a flood con- RIVER, PROVIDENCE, RHODE ISLAND.—The project Vicinity, Louisiana, authorized by section 204 of trol study financed by the city if the Secretary for navigation, India Point Railroad Bridge, the Flood Control Act of 1965 (79 Stat. 1077), is determines that the study is necessary to ad- Seekonk River, Providence, Rhode Island, au- modified to authorize the Secretary to construct dress residual damages in areas upstream of thorized by section 1166(c) of the Water Re- a permanent breakwater and levee system at a Reservoir 29A. sources Development Act of 1986 (100 Stat. 4258), total cost of $17,000,000. (6) HALSTEAD, KANSAS.—The project for flood is modified to authorize the Secretary to con- (7) RED RIVER WATERWAY, LOUISIANA.—The control, Halstead, Kansas, authorized by section struct the project substantially in accordance project for mitigation of fish and wildlife losses, September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11173 Red River Waterway, Louisiana, authorized by 201(a) of the Water Resources Development Act SEC. 307. LOS ANGELES AND LONG BEACH HAR- section 601(a) of the Water Resources Develop- of 1986 (100 Stat. 4090) is amended by striking BORS, SAN PEDRO BAY, CALIFORNIA. ment Act of 1986 (100 Stat. 4142) and modified by the 1st semicolon and all that follows and in- The project for navigation, Los Angeles and section 102(p) of the Water Resources Develop- serting a period and the following: ‘‘In dispos- Long Beach Harbors, San Pedro Bay, Califor- ment Act of 1990 (104 Stat. 4613), is further modi- ing of dredged material from such project, the nia, authorized by section 201(a) of the Water fied— Secretary, after compliance with applicable laws Resources Development Act of 1986 (100 Stat. (A) to authorize the Secretary to carry out the and after opportunity for public review and 4091), is modified to provide that, for the pur- project at a total cost of $10,500,000; and comment, may consider alternatives to disposal pose of section 101(a)(2) of such Act (33 U.S.C. (B) to provide that lands that are purchased of such material in the Gulf of Mexico, includ- 2211(a)(2)), the sewer outfall relocated over a adjacent to the Loggy Bayou Wildlife Manage- ing environmentally acceptable alternatives for distance of 4,458 feet by the Port of Los Angeles ment Area may be located in Caddo Parish or beneficial uses of dredged material and environ- at a cost of approximately $12,000,000 shall be Red River Parish. mental restoration.’’. considered to be a relocation. The cost of such (8) RED RIVER WATERWAY, MISSISSIPPI RIVER SEC. 303. NOGALES WASH AND TRIBUTARIES, ARI- relocation shall be credited as a payment pro- TO SHREVEPORT, LOUISIANA.—The project for ZONA. vided by the non-Federal interest. navigation, Red River Waterway, Mississippi The project for flood control, Nogales Wash SEC. 308. LOS ANGELES COUNTY DRAINAGE AREA, River to Shreveport, Louisiana, authorized by and tributaries, Arizona, authorized by section CALIFORNIA. section 101 of the River and Harbor Act of 1968 101(a)(4) of the Water Resources Development The non-Federal share for a project to add (82 Stat. 731), is modified to require the Sec- Act of 1990 (104 Stat. 4606), is modified to direct water conservation to the existing Los Angeles retary to dredge and perform other related work the Secretary to permit the non-Federal con- County Drainage Area, California, project, au- as required to reestablish and maintain access tribution for the project to be determined in ac- thorized by section 101(b) of the Water Re- to, and the environmental value of, the cordance with subsections (k) and (m) of section sources Development Act of 1990 (104 Stat. 4611), bendway channels designated for preservation 103 of the Water Resources Development Act of shall be 100 percent of separable first costs and in project documentation prepared before the 1986 (33 U.S.C. 2213) and to direct the Secretary separable operation, maintenance, and replace- date of the enactment of this Act. The work to enter into negotiations with non-Federal in- ment costs associated with the water conserva- shall be carried out in accordance with the local terests pursuant to section 103(l) of such Act tion purpose. concerning the timing of the initial payment of cooperation requirements for other navigation SEC. 309. PRADO DAM, CALIFORNIA. features of the project. the non-Federal contribution. (a) REVIEW.— (9) STILLWATER, MINNESOTA.—The project for SEC. 304. WHITE RIVER BASIN, ARKANSAS AND EPARABLE ELEMENT DETERMINATION MISSOURI. (1) S .—Not flood control, Stillwater, Minnesota, authorized later than 6 months after the date of the enact- by section 363 of the Water Resources Develop- The project for flood control and power gen- eration at White River Basin, Arkansas and ment of this Act, the Secretary shall review, in ment Act of 1992 (106 Stat. 4861–4862), is modi- cooperation with the non-Federal interest, the fied— Missouri, authorized by section 4 of the Act en- titled ‘‘An Act authorizing the construction of Prado Dam feature of the project for flood con- (A) to authorize the Secretary to expand the trol, Santa Ana River Mainstem, California, au- flood wall system if the Secretary determines certain public works on rivers and harbors for flood control, and for other purposes’’, approved thorized by section 401(a) of the Water Re- that the expansion is feasible; and sources Development Act of 1986 (100 Stat. 4113), (B) to authorize the Secretary to construct the June 28, 1938 (52 Stat. 1218), shall include recre- ation and fish and wildlife mitigation as pur- with a view toward determining whether the project at a total cost of $11,600,000, with an es- feature may be considered a separable element timated Federal cost of $8,700,000 and an esti- poses of the project, to the extent that the addi- tional purposes do not adversely affect flood (as defined in section 103(f) of such Act (33 mated non-Federal cost of $2,900,000. U.S.C. 2213(f))). (10) JOSEPH G. MINISH PASSAIC RIVER PARK, control, power generation, or other authorized (2) MODIFICATION OF COST-SHARING REQUIRE- NEW JERSEY.—The streambank restoration ele- purposes of the project. MENT.—If the Prado Dam feature is determined ment of the project for flood control, Passaic SEC. 305. CHANNEL ISLANDS HARBOR, CALIFOR- NIA. to be a separable element under this subsection, River Main Stem, New Jersey and New York, the Secretary shall reduce the non-Federal cost- authorized by section 101(a)(18)(B) of the Water The project for navigation and shore protec- tion, Channel Islands Harbor, Port of Hueneme, sharing requirement for such feature in accord- Resources Development Act of 1990 (104 Stat. ance with section 103(a)(3) of such Act and shall 4608) and known as the ‘‘Joseph G. Minish Pas- California, authorized by section 101 of the River and Harbor Act of 1954 (68 Stat. 1252), is enter into a project cooperation agreement with saic River Waterfront Park and Historic Area, the non-Federal interest to reflect the modified New Jersey’’, is modified— modified to authorize biennial dredging and sand bypassing at an annual downcoast replen- cost-sharing requirement and to carry out con- (A) to authorize the Secretary to construct struction. such element at a total cost of $75,000,000; ishment rate to establish and maintain a littoral (b) SAFETY IMPROVEMENTS.—The Secretary, in (B) to provide that construction of such ele- sediment balance which is estimated at 1,254,000 cubic yards per year. The cost of such dredging coordination with the State of California, shall ment may be undertaken before implementation provide technical assistance to Orange County, of the remainder of the Passaic River Main Stem and sand bypassing shall be 100 percent Federal as long as Federal ownership of the entrance California, in developing appropriate public project; and safety and access improvements associated with (C) to provide that such element shall be channel and jetties of the Port of Hueneme ne- cessitates restoration and maintenance of the that portion of California State Route 71 being treated, for the purpose of economic analysis, as relocated for the Prado Dam feature of the an integral part of the Passaic River Main Stem downcoast shoreline. SEC. 306. LAKE ELSINORE, CALIFORNIA. project authorized as part of the project referred project and shall be completed in the initial to in subsection (a)(1). phase of the Passaic River Main Stem project. (a) MAXIMUM FEDERAL EXPENDITURE.—The SEC. 310. QUEENSWAY BAY, CALIFORNIA. (11) ARTHUR KILL, NEW YORK AND NEW JER- maximum amount of Federal funds that may be SEY.—The project for navigation, Arthur Kill, expended for the project for flood control, Lake Section 4(e) of the Water Resources Develop- New York and New Jersey, authorized by sec- Elsinore, Riverside County, California, shall be ment Act of 1988 (102 Stat. 4016) is amended by tion 202(b) of the Water Resources Development $7,500,000. adding at the end the following: ‘‘In addition, Act of 1986 (100 Stat. 4098), is modified to au- (b) REVISION OF PROJECT COOPERATION the Secretary shall perform advance mainte- thorize the Secretary to carry out the project to AGREEMENT.—The Secretary shall revise the nance dredging in the Queensway Bay Channel, a depth of not to exceed 45 feet, at a total cost project cooperation agreement for the project re- California, at a total cost of $5,000,000. The Sec- of $83,000,000. ferred to in subsection (a) to take into account retary shall coordinate with Federal and State (12) KILL VAN KULL, NEW YORK AND NEW JER- the change in the Federal participation in such agencies the establishment of suitable dredged SEY.— project pursuant to subsection (a). material disposal areas.’’. (c) COST SHARING.—Nothing in this section (A) COST INCREASE.—The project for naviga- SEC. 311. SEVEN OAKS DAM, CALIFORNIA. shall be construed to affect any cost-sharing re- tion, Kill Van Kull, New York and New Jersey, The non-Federal share for a project to add quirement applicable to the project referred to in authorized by section 202(a) of the Water Re- water conservation to the Seven Oaks Dam, au- subsection (a) under the Water Resources Devel- sources Development Act of 1986 (100 Stat. 4095), thorized as part of the project for flood control, opment Act of 1986. is modified to authorize the Secretary to carry Santa Ana River Mainstem, California, by sec- (d) STUDY.—Not later than 18 months after out the project at a total cost of $750,000,000. tion 401(a) of the Water Resources Development the date of the enactment of this Act, the Sec- (B) CONTINUATION OF ENGINEERING AND DE- Act of 1986 (100 Stat. 4113), shall be 100 percent retary shall— SIGN.—The Secretary shall continue engineering (1) conduct a study of the advisability of of separable first costs and separable operation, and design in order to complete the navigation modifying, for the purpose of flood control pur- maintenance, and replacement costs associated project at Kill Van Kull and Newark Bay Chan- suant to section 205 of the Flood Control Act of with the water conservation purpose. nels, New York and New Jersey, authorized by 1948 (33 U.S.C. 701s), the project for flood con- SEC. 312. THAMES RIVER, CONNECTICUT. chapter IV of title I of the Supplemental Appro- trol, Lake Elsinore, Riverside County, Califor- (a) MODIFICATION.—The project for naviga- priations Act, 1985 (99 Stat. 313) and section nia, to permit water conservation storage up to tion, Thames River, Connecticut, authorized by 202(a) of the Water Resources Development Act an elevation of 1,249 feet above mean sea level; the 1st section of the Act entitled ‘‘An Act au- of 1986 (100 Stat. 4095). and thorizing the construction, repair, and preserva- SEC. 302. MOBILE HARBOR, ALABAMA. (2) report to Congress on the study, including tion of certain public works on rivers and har- The undesignated paragraph under the head- making recommendations concerning the advis- bors, and for other purposes’’, approved August ing ‘‘MOBILE HARBOR, ALABAMA’’ in section ability of so modifying the project. 30, 1935 (49 Stat. 1029), is modified to reconfigure H11174 CONGRESSIONAL RECORD — HOUSE September 25, 1996 the turning basin in accordance with the follow- tled ‘‘Central and Southern Florida Project, out such repairs and installations as are nec- ing alignment: Beginning at a point on the east- Final Integrated General Reevaluation Report essary following completion of the study. ern limit of the existing project, N251052.93, and Environmental Impact Statement, Canal 111 SEC. 321. KASKASKIA RIVER, ILLINOIS. E783934.59, thence running north 5 degrees, 25 (C–111), South Dade County, Florida’’, dated The project for navigation, Kaskaskia River, minutes, 21.3 seconds east 341.06 feet to a point, May 1994, including acquisition by non-Federal Illinois, authorized by section 101 of the River N251392.46, E783966.82, thence running north 47 interests of such portions of the Frog Pond and and Harbor Act of 1962 (76 Stat. 1175), is modi- degrees, 24 minutes, 14.0 seconds west 268.72 feet Rocky Glades areas as are needed for the fied to add fish and wildlife and habitat restora- to a point, N251574.34, E783769.00, thence run- project. tion as project purposes. ning north 88 degrees, 41 minutes, 52.2 seconds (b) COST SHARING.— SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS west 249.06 feet to a point, N251580.00, (1) FEDERAL SHARE.—The Federal share of the AND MISSOURI. E783520.00, thence running south 46 degrees, 16 cost of implementing the plan of improvement Section 102(l) of the Water Resources Develop- minutes, 22.9 seconds west 318.28 feet to a point, shall be 50 percent. ment Act of 1990 (104 Stat. 4613) is amended— N251360.00, E783290.00, thence running south 19 (2) SECRETARY OF INTERIOR RESPONSIBILITY.— (1) by striking ‘‘, that requires no separable degrees, 1 minute, 32.2 seconds east 306.76 feet to The Secretary of the Interior shall pay 25 per- project lands and’’ and inserting ‘‘on project a point, N251070.00, E783390.00, thence running cent of the cost of acquiring such portions of the lands and other contiguous nonproject lands, south 45 degrees, 0 minutes, 0 seconds, east Frog Pond and Rocky Glades areas as are need- including those lands referred to as the Alton 155.56 feet to a point, N250960.00, E783500.00 on ed for the project. The amount paid by the Sec- Commons. The recreational development’’; the existing western limit. retary of the Interior shall be included as part (2) by inserting ‘‘shall be’’ before ‘‘at a Fed- (b) PAYMENT FOR INITIAL DREDGING.—Any re- of the Federal share of the cost of implementing eral construction’’; and quired initial dredging of the widened portions the plan. (3) by striking ‘‘. The recreational develop- identified in subsection (a) shall be carried out (3) OPERATION AND MAINTENANCE.—The non- ment’’ and inserting ‘‘, and’’. at no cost to the Federal Government. Federal share of operation and maintenance SEC. 323. WHITE RIVER, INDIANA. (c) DEAUTHORIZATION.—The portions of the costs of the improvements undertaken pursuant The project for flood control, Indianapolis on turning basin that are not included in the to this section shall be 100 percent; except that West Fork of the White River, Indiana, author- reconfigured turning basin described in sub- the Federal Government shall reimburse the ized by section 5 of the Act entitled ‘‘An Act au- section (a) are not authorized after the date of non-Federal interest with respect to the project thorizing the construction of certain public the enactment of this Act. 60 percent of the costs of operating and main- works on rivers and harbors for flood control, SEC. 313. CANAVERAL HARBOR, FLORIDA. taining pump stations that pump water into and other purposes’’, approved June 22, 1936 (49 The project for navigation, Canaveral Harbor, Taylor Slough in the Everglades National Park. Stat. 1586), is modified to authorize the Sec- Florida, authorized by section 101(7) of the SEC. 317. JACKSONVILLE HARBOR (MILL COVE), retary to undertake riverfront alterations as de- Water Resources Development Act of 1992 (106 FLORIDA. scribed in the Central Indianapolis Waterfront Stat. 4802), is modified to authorize the Sec- The project for navigation, Jacksonville Har- Concept Master Plan, dated February 1994, at a retary to reclassify the removal and replacement bor (Mill Cove), Florida, authorized by section total cost of $85,975,000, with an estimated Fed- of stone protection on both sides of the channel 601(a) of the Water Resources Development Act eral cost of $39,975,000 and an estimated non- as general navigation features. The Secretary of 1986 (100 Stat. 4139–4140), is modified to direct Federal cost of $46,000,000. The cost of work, in- shall reimburse any costs that are incurred by the Secretary to carry out a project for mitiga- cluding relocations undertaken by the non-Fed- the non-Federal sponsor in connection with the tion consisting of measures for flow and circula- eral interest after February 15, 1994, on features reclassified work and that the Secretary deter- tion improvement within Mill Cove, at an esti- identified in the Master Plan shall be credited mines to be in excess of the non-Federal share of mated total Federal cost of $2,000,000. toward the non-Federal share of project costs. costs for general navigation features. The Fed- SEC. 318. PANAMA CITY BEACHES, FLORIDA. SEC. 324. BAPTISTE COLLETTE BAYOU, LOUISI- eral and non-Federal shares of the cost of the (a) IN GENERAL.—The project for shoreline ANA. reclassified work shall be determined in accord- protection, Panama City Beaches, Florida, au- The project for navigation, Mississippi River ance with section 101 of the Water Resources thorized by section 501(a) of the Water Re- Outlets, Venice, Louisiana, authorized by sec- Development Act of 1986 (33 U.S.C. 2211). sources Development Act of 1986 (100 Stat. 4133), tion 101 of the River and Harbor Act of 1968 (82 SEC. 314. CAPTIVA ISLAND, FLORIDA. is modified to direct the Secretary to enter into Stat. 731), is modified to provide for the exten- The project for shoreline protection, Captiva an agreement with the non-Federal interest for sion of the 16-foot deep (mean low gulf) by 250- Island, Lee County, Florida, authorized pursu- carrying out such project in accordance with foot wide Baptiste Collette Bayou entrance ant to section 201 of the Flood Control Act of section 206 of the Water Resources Development channel to approximately mile 8 of the Mis- 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073), is modi- Act of 1992 (33 U.S.C. 426i–1). sissippi River Gulf Outlet navigation channel at fied to direct the Secretary to reimburse the non- (b) REPORTS.—Not later than 6 months after a total estimated Federal cost of $80,000, includ- Federal interest for beach nourishment work the date of the enactment of this Act, the Sec- ing $4,000 for surveys and $76,000 for Coast carried out by such interest as if such work oc- retary shall transmit to Congress a report on the Guard aids to navigation. curred after execution of the agreement entered progress made in carrying out this section and SEC. 325. LAKE PONTCHARTRAIN, LOUISIANA. into pursuant to section 215 of the Flood Control a report on implementation of section 206 of the The project for hurricane damage prevention Act of 1968 (42 U.S.C. 1962d–5a) with respect to Water Resources Development Act of 1992. and flood control, Lake Pontchartrain, Louisi- such project if the Secretary determines that SEC. 319. CHICAGO, ILLINOIS. ana, authorized by section 204 of the Flood Con- such work is compatible with the project. The project for flood control, Chicagoland trol Act of 1965 (79 Stat. 1077), is modified to SEC. 315. CENTRAL AND SOUTHERN FLORIDA, Underflow Plan, Illinois, authorized by section provide that St. Bernard Parish, Louisiana, and CANAL 51. 3(a)(5) of the Water Resources Development Act the Lake Borgne Basin Levee District, Louisi- The project for flood protection of West Palm of 1988 (102 Stat. 4013), is modified to limit the ana, shall not be required to pay the unpaid Beach, Florida (C–51), authorized by section 203 capacity of the reservoir project to not to exceed balance, including interest, of the non-Federal of the Flood Control Act of 1962 (76 Stat. 1183), 11,000,000,000 gallons or 32,000 acre-feet, to pro- cost-share of the project. is modified to provide for the construction of an vide that the reservoir project may not be lo- SEC. 326. MISSISSIPPI RIVER-GULF OUTLET, LOU- enlarged stormwater detention area, Storm cated north of 55th Street or west of East Ave- ISIANA. Water Treatment Area 1 East, generally in ac- nue in the vicinity of McCook, Illinois, and to Section 844 of the Water Resources Develop- cordance with the plan of improvements de- provide that the reservoir project may be con- ment Act of 1986 (100 Stat. 4177) is amended by scribed in the February 15, 1994, report entitled structed only on the basis of a specific plan that adding at the end the following: ‘‘Everglades Protection Project, Palm Beach has been evaluated by the Secretary under the ‘‘(c) COMMUNITY IMPACT MITIGATION PLAN.— County, Florida, Conceptual Design’’, with National Environmental Policy Act of 1969 (42 Using funds made available under subsection such modifications as are approved by the Sec- U.S.C. 4321 et seq.). (a), the Secretary shall implement a comprehen- retary. The additional work authorized by this SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN sive community impact mitigation plan, as de- section shall be accomplished at Federal ex- LOCK, ILLINOIS. scribed in the evaluation report of the New Orle- pense. Operation and maintenance of the The project for navigation, Chicago Harbor, ans District Engineer dated August 1995, that, stormwater detention area shall be consistent Lake Michigan, Illinois, for which operation to the maximum extent practicable, provides for with regulations prescribed by the Secretary for and maintenance responsibility was transferred mitigation or compensation, or both, for the di- the Central and Southern Florida project, and to the Secretary under chapter IV of title I of rect and indirect social and cultural impacts all costs of such operation and maintenance the Supplemental Appropriations Act, 1983 (97 that the project described in subsection (a) will shall be provided by non-Federal interests. Stat. 311), and section 107 of the Energy and have on the affected areas referred to in sub- SEC. 316. CENTRAL AND SOUTHERN FLORIDA, Water Development Appropriation Act, 1982 (95 section (b).’’. CANAL 111. Stat. 1137), is modified to direct the Secretary to SEC. 327. TOLCHESTER CHANNEL, MARYLAND. (a) IN GENERAL.—The project for Central and conduct a study to determine the feasibility of The project for navigation, Baltimore Harbor Southern Florida, authorized by section 203 of making such structural repairs as are necessary and Channels, Maryland, authorized by section the Flood Control Act of 1948 (62 Stat. 1176) and to prevent leakage through the Chicago Lock 101 of the River and Harbor Act of 1958 (72 Stat. modified by section 203 of the Flood Control Act and the Thomas J. O’Brien Lock, Illinois, and 297), is modified to direct the Secretary— of 1968 (82 Stat. 740–741), is modified to author- to determine the need for installing permanent (1) to expedite review of potential straighten- ize the Secretary to implement the recommended flow measurement equipment at such locks to ing of the channel at the Tolchester Channel S- plan of improvement contained in a report enti- measure any leakage. The Secretary may carry Turn; and September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11175 (2) if determined to be feasible and necessary residential structures are located and that are (1) convey to the Buford Trenton Irrigation for safe and efficient navigation, to implement subject to frequent and recurring flood damage, District all right, title, and interest of the Unit- such straightening as part of project mainte- as identified in the supplemental floodway re- ed States in the drainage pumps located within nance. port of the Corps of Engineers, Passaic River the boundaries of the District; and SEC. 328. CROSS VILLAGE HARBOR, MICHIGAN. Buyout Study, September 1995, at an estimated (2) provide a lump-sum payment of $60,000 for (a) GENERAL RULE.—Notwithstanding section total cost of $194,000,000. power requirements associated with the oper- 1001 of the Water Resources Development Act of ‘‘(b) RETENTION OF LANDS FOR FLOOD PRO- ation of the drainage pumps. 1986 (33 U.S.C. 579a), the project for navigation, TECTION.—Lands acquired by the Secretary (c) AUTHORIZATION OF APPROPRIATIONS.— Cross Village Harbor, Michigan, authorized by under this section shall be retained by the Sec- There is authorized to be appropriated to carry section 101 of the River and Harbor Act of 1966 retary for future use in conjunction with flood out this section $34,000,000. (80 Stat. 1405), shall remain authorized to be protection and flood management in the Passaic SEC. 337. RENO BEACH-HOWARDS FARM, OHIO. carried out by the Secretary. River Basin. The project for flood protection, Reno Beach- (b) LIMITATION.—The project described in sub- ‘‘(c) COST SHARING.—The non-Federal share Howards Farm, Ohio, authorized by section 203 section (a) shall not be authorized for construc- of the cost of carrying out this section shall be of the Flood Control Act of 1948 (62 Stat. 1178), tion after the last day of the 5-year period that 25 percent plus any amount that might result is modified to provide that the value of lands, begins on the date of the enactment of this Act from application of subsection (d). easements, rights-of-way, and disposal areas unless, during such period, funds have been ob- ‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO that are necessary to carry out the project and ligated for the construction (including planning WAIVER AUTHORITY.—In evaluating and imple- are provided by the non-Federal interest shall and design) of the project. menting the project under this section, the Sec- be determined on the basis of the appraisal per- SEC. 329. SAGINAW RIVER, MICHIGAN. retary shall allow the non-Federal interest to formed by the Corps of Engineers and dated The project for flood protection, Saginaw participate in the financing of the project in ac- April 4, 1985. River, Michigan, authorized by section 203 of cordance with section 903(c), to the extent that SEC. 338. BROKEN BOW LAKE, RED RIVER BASIN, the Flood Control Act of 1958 (72 Stat. 311), is the Secretary’s evaluation indicates that apply- OKLAHOMA. modified to include as part of the project the de- ing such section is necessary to implement the The project for flood control and water sup- sign and construction of an inflatable dam on project.’’. ply, Broken Bow Lake, Red River Basin, Okla- the Flint River, Michigan, at a total cost of SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW homa, authorized by section 203 of the Flood $500,000. MEXICO. Control Act of 1958 (72 Stat. 309) and modified SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUN- The second sentence of section 1113(b) of the by section 203 of the Flood Control Act of 1962 TY, MICHIGAN. Water Resources Development Act of 1986 (100 (76 Stat. 1187) and section 102(v) of the Water (a) IN GENERAL.—The project for navigation, Stat. 4232) is amended by inserting before the Resources Development Act of 1992 (106 Stat. Sault Sainte Marie, Chippewa County, Michi- period at the end the following: ‘‘; except that 4808), is further modified to provide for the re- gan, authorized by section 1149 of the Water Re- the Federal share of reconnaissance studies car- allocation of a sufficient quantity of water sup- sources Development Act of 1986 (100 Stat. 4254– ried out by the Secretary under this section ply storage space in Broken Bow Lake to sup- 4255), is modified as follows: shall be 100 percent’’. port the Mountain Fork trout fishery. Releases (1) PAYMENT OF NON-FEDERAL SHARE.—The SEC. 335. JONES INLET, NEW YORK. of water from Broken Bow Lake for the Moun- non-Federal share of the cost of the project The project for navigation, Jones Inlet, New tain Fork trout fishery as mitigation for the loss shall be paid as follows: York, authorized by section 2 of the Act entitled of fish and wildlife resources in the Mountain (A) That portion of the non-Federal share ‘‘An Act authorizing the construction, repair, Fork River shall be carried out at no expense to that the Secretary determines is attributable to and preservation of certain public works on riv- the State of Oklahoma. use of the lock by vessels calling at Canadian ers and harbors, and for other purposes’’, ap- SEC. 339. WISTER LAKE PROJECT, LEFLORE ports shall be paid by the United States. proved March 2, 1945 (59 Stat. 13), is modified to COUNTY, OKLAHOMA. (B) The remaining portion of the non-Federal direct the Secretary to place uncontaminated The Secretary shall maintain a minimum con- share shall be paid by the Great Lakes States dredged material on beach areas downdrift from servation pool level of 478 feet at the Wister pursuant to an agreement entered into by such the federally maintained channel to the extent Lake project in LeFlore County, Oklahoma, au- States. that such work is necessary to mitigate the thorized by section 4 of the Act entitled ‘‘An Act (2) PAYMENT TERM OF ADDITIONAL PERCENT- interruption of littoral system natural processes authorizing the construction of certain public AGE.—The amount to be paid by non-Federal in- caused by the jetty and continued dredging of works on rivers and harbors for flood control, terests pursuant to section 101(a) of the Water the federally maintained channel. and for other purposes’’, approved June 28, 1938 Resources Development Act of 1986 (33 U.S.C. SEC. 336. BUFORD TRENTON IRRIGATION DIS- (52 Stat. 1218). Notwithstanding title I of the 2211(a)) and this subsection with respect to the TRICT, NORTH DAKOTA. Water Resources Development Act of 1986 (33 project may be paid over a period of 50 years or (a) ACQUISITION OF EASEMENTS.— U.S.C. 2211 et seq.) or any other provision of the expected life of the project, whichever is (1) IN GENERAL.—The Secretary may acquire, law, any increase in water supply yield that re- shorter. from willing sellers, permanent flowage and sults from the pool level of 478 feet shall be (b) GREAT LAKES STATES DEFINED.—In this saturation easements over— treated as unallocated water supply until such section, the term ‘‘Great Lakes States’’ means (A) the land in Williams County, North Da- time as a user enters into a contract for the sup- the States of Illinois, Indiana, Michigan, Min- kota, extending from the riverward margin of ply under such applicable laws concerning cost- nesota, New York, Ohio, Pennsylvania, and the Buford Trenton Irrigation District main sharing as are in effect on the date of the con- Wisconsin. canal to the north bank of the Missouri River, tract. SEC. 331. ST. JOHNS BAYOU AND NEW MADRID beginning at the Buford Trenton Irrigation Dis- SEC. 340. BONNEVILLE LOCK AND DAM, COLUM- FLOODWAY, MISSOURI. trict pumping station located in the NE1⁄4 of sec- BIA RIVER, OREGON AND WASHING- Notwithstanding any other provision of law, tion 17, T–152–N, R–104–W, and continuing TON. Federal assistance made available under the northeasterly downstream to the land referred (a) IN GENERAL.—The project for Bonneville rural enterprise zone program of the Department to as the East Bottom; and Lock and Dam, Columbia River, Oregon and of Agriculture may be used toward payment of (B) any other land outside the boundaries of Washington, authorized by the Act of August the non-Federal share of the costs of the project the land described in subparagraph (A) within 20, 1937 (50 Stat. 731), and modified by section 83 for flood control, St. Johns Bayou and New Ma- or contiguous to the boundaries of the Buford of the Water Resources Development Act of 1974 drid Floodway, Missouri, authorized by section Trenton Irrigation District that has been af- (88 Stat. 35), is further modified to authorize the 401(a) of the Water Resources Development Act fected by rising ground water and the risk of Secretary to convey to the city of North Bonne- of 1986 (100 Stat. 4118). surface flooding. ville, Washington, at no further cost to the city, SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA. (2) SCOPE.—Any easements acquired by the all right, title and interest of the United States (a) MAXIMUM FEDERAL EXPENDITURE.—The Secretary under paragraph (1) shall include the in and to the following: maximum amount of Federal funds that may be right, power, and privilege of the Federal Gov- (1) Any municipal facilities, utilities fixtures, allotted for the project for flood control, Lost ernment to submerge, overflow, percolate, and and equipment for the relocated city, and any Creek, Columbus, Nebraska, shall be $5,500,000. saturate the surface and subsurface of the lands remaining lands designated as open spaces or (b) REVISION OF PROJECT COOPERATION and such other terms and conditions as the Sec- municipal lots not previously conveyed to the AGREEMENT.—The Secretary shall revise the retary considers appropriate. city, specifically, Lots M1 through M15, M16 project cooperation agreement for the project re- (3) PAYMENT.—In acquiring easements under (the ‘‘community center lot’’), M18, M19, M22, ferred to in subsection (a) to take into account paragraph (1), the Secretary shall pay an M24, S42 through S45, and S52 through S60. the change in the Federal participation in such amount based on the unaffected fee value of the (2) The ‘‘school lot’’ described as Lot 2, block project pursuant to subsection (a). lands to be acquired by the Federal Government. 5, on the plat of relocated North Bonneville. SEC. 333. PASSAIC RIVER, NEW JERSEY. For the purpose of this paragraph, the unaf- (3) Parcels 2 and C, but only upon the comple- Section 1148 of the Water Resources Develop- fected fee value of the lands is the value of the tion of any environmental response actions re- ment Act of 1986 (100 Stat. 4254) is amended to lands as if the lands had not been affected by quired under applicable law. read as follows: rising ground water and the risk of surface (4) That portion of Parcel B lying south of the ‘‘SEC. 1148. PASSAIC RIVER BASIN. flooding. existing city boundary, west of the sewage treat- ‘‘(a) ACQUISITION OF LANDS.—The Secretary (b) CONVEYANCE OF DRAINAGE PUMPS.—The ment plant, and north of the drainage ditch may acquire from willing sellers lands on which Secretary shall— that is located adjacent to the northerly limit of H11176 CONGRESSIONAL RECORD — HOUSE September 25, 1996 the Hamilton Island landfill, if the Secretary de- draft channel between the mouth of the river dum for phase II of the project, as approved by termines, at the time of the proposed convey- and river mile 34 at a cost not to exceed the Assistant Secretary of the Army having re- ance, that the Department of the Army has $2,400,000; and sponsibility for civil works on February 15, 1996, taken all action necessary to protect human (2) to conduct overdepth and advance mainte- providing that such measures are to be carried health and the environment. nance dredging that is necessary to maintain out for credit by the non-Federal interest. (5) Such portions of Parcel H as can be con- authorized channel dimensions. SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, veyed without a requirement for further inves- SEC. 342. LACKAWANNA RIVER AT SCRANTON, RHODE ISLAND. tigation, inventory, or other action by the De- PENNSYLVANIA. The project for reconstruction of the Allendale partment of the Army under the National His- (a) IN GENERAL.—The project for flood con- Dam, North Providence, Rhode Island, author- toric Preservation Act (16 U.S.C. 470 et seq.). trol, Lackawanna River at Scranton, Penn- ized by section 358 of the Water Resources De- (6) Such easements as the Secretary considers sylvania, authorized by section 101(17) of the velopment Act of 1992 (106 Stat. 4861), is modi- necessary for— Water Resources Development Act of 1992 (106 fied to authorize the Secretary to reconstruct (A) sewer and water line crossings of relocated Stat. 4803), is modified to direct the Secretary to the dam, at a total cost of $350,000, with an esti- Washington State Highway 14; and carry out the project for flood control for the (B) reasonable public access to the Columbia mated Federal cost of $262,500 and an estimated Plot and Green Ridge sections of the project. River across those portions of Hamilton Island non-Federal cost of $87,500. (b) APPLICABILITY OF BENEFIT-COST RATIO that remain under the ownership of the United SEC. 348. NARRAGANSETT, RHODE ISLAND. WAIVER AUTHORITY.—In evaluating and imple- States. Section 361(a) of the Water Resources Devel- (b) TIME PERIOD FOR CONVEYANCES.—The menting the project, the Secretary shall allow opment Act of 1992 (106 Stat. 4861) is amended— conveyances referred to in subsections (a)(1), the non-Federal interest to participate in the fi- (1) by striking ‘‘$200,000’’ and inserting (a)(2), (a)(5), and (a)(6)(A) shall be completed nancing of the project in accordance with sec- ‘‘$1,900,000’’; within 180 days after the United States receives tion 903(c) of the Water Resources Development (2) by striking ‘‘$150,000’’ and inserting the release referred to in subsection (d). All Act of 1986 (100 Stat. 4184), to the extent that ‘‘$1,425,000’’; and other conveyances shall be completed expedi- the Secretary’s evaluation indicates that apply- (3) by striking ‘‘$50,000’’ and inserting tiously, subject to any conditions specified in ing such section is necessary to implement the ‘‘$475,000’’. the applicable subsection. project. SEC. 349. CLOUTER CREEK DISPOSAL AREA, (c) PURPOSE.—The purpose of the convey- SEC. 343. MUSSERS DAM, MIDDLE CREEK, SNYDER CHARLESTON, SOUTH CAROLINA. ances authorized by subsection (a) is to resolve COUNTY, PENNSYLVANIA. (a) TRANSFER OF ADMINISTRATIVE JURISDIC- all outstanding issues between the United States Section 209(e)(5) of the Water Resources De- TION.—Notwithstanding any other law, the Sec- and the city of North Bonneville. velopment Act of 1992 (106 Stat. 4830) is amended retary of the Navy shall transfer to the Sec- (d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE by striking ‘‘$3,000,000’’ and inserting retary administrative jurisdiction over the ap- OF CLAIMS RELATING TO RELOCATION OF CITY.— ‘‘$5,000,000’’. proximately 1,400 acres of land under the juris- As a prerequisite to the conveyances authorized SEC. 344. SCHUYLKILL RIVER, PENNSYLVANIA. diction of the Department of the Navy that com- by subsection (a), the city of North Bonneville The navigation project for the Schuylkill prise a portion of the Clouter Creek disposal shall execute an acknowledgement of payment River, Pennsylvania, authorized by the 1st sec- area, Charleston, South Carolina. of just compensation and shall execute a release tion of the Act entitled ‘‘An Act making appro- (b) USE OF TRANSFERRED LAND.—The land of any and all claims for relief of any kind priations for the construction, repair, and pres- transferred under subsection (a) shall be used against the United States arising out of the relo- ervation of certain public works on rivers and by the Department of the Army as a dredged cation of the city of North Bonneville, or any harbors, and for other purposes’’, approved Au- material disposal area for dredging activities in prior Federal legislation relating thereto, and gust 8, 1917 (40 Stat. 252), is modified to provide the vicinity of Charleston, South Carolina, in- shall dismiss, with prejudice, any pending liti- for the periodic removal and disposal of sedi- cluding the Charleston Harbor navigation gation, if any, involving such matters. ment to provide for a depth of 6 feet within por- project. (e) RELEASE BY ATTORNEY GENERAL.—Upon tions of the Fairmount pool between the Fair- (c) COST SHARING.—Operation and mainte- receipt of the city’s acknowledgment and release mount Dam and the Columbia Bridge, generally nance, including rehabilitation, of the dredged referred to in subsection (d), the Attorney Gen- within the limits of the channel alignments re- material disposal area transferred under this eral of the United States shall dismiss any pend- ferred to as the Schuylkill River Racecourse and section shall be carried out in accordance with ing litigation, if any, arising out of the reloca- return lane, and the Belmont Water Works in- section 101 of the Water Resources Development tion of the city of North Bonneville, and execute takes and Boathouse Row. Act of 1986 (33 U.S.C. 2211). a release of any and all rights to damages of SEC. 345. SOUTH CENTRAL PENNSYLVANIA. SEC. 350. BUFFALO BAYOU, TEXAS. any kind under Town of North Bonneville, (a) COST SHARING.—Section 313(d)(3)(A) of the The non-Federal interest for the projects for Washington v. United States, 11 Cl. Ct. 694, af- Water Resources Development Act of 1992 (106 flood control, Buffalo Bayou and tributaries, firmed in part and reversed in part, 833 F.2d Stat. 4846) is amended to read as follows: Texas, authorized by section 203 of the Flood 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007 ‘‘(A) IN GENERAL.—Total project costs under Control Act of 1954 (68 Stat. 1258) and by section (1988), including any interest thereon. each local cooperation agreement entered into 101(a)(21) of the Water Resources Development (f) ACKNOWLEDGMENT OF ENTITLEMENTS; RE- under this subsection shall be shared at 75 per- Act of 1990 (104 Stat. 4610), may be reimbursed LEASE BY CITY OF CLAIMS.—Within 60 days after by up to $5,000,000 or may receive a credit of up the conveyances authorized by subsection (a) cent Federal and 25 percent non-Federal. The to $5,000,000 toward required non-Federal (other than paragraph (6)(B)) have been com- Federal share may be provided in the form of project cost-sharing contributions for work per- pleted, the city shall execute an acknowledge- grants or reimbursements of project costs. The formed by the non-Federal interest at each of ment that all entitlements under such para- non-Federal interests shall receive credit— the following locations if such work is compat- graph have been completed and shall execute a ‘‘(i) for design and construction services and ible with 1 or more of the following authorized release of any and all claims for relief of any other in-kind work, whether occurring subse- projects: White Oak Bayou, Brays Bayou, kind against the United States arising out of quent to, or within 6 years prior to, entering Hunting Bayou, Garners Bayou, and the Upper this section. into an agreement with the Secretary; and (g) EFFECTS ON CITY.—Beginning on the date ‘‘(ii) for grants and the value of work per- Reach on Greens Bayou. of the enactment of this Act, the city of North formed on behalf of such interests by State and SEC. 351. DALLAS FLOODWAY EXTENSION, DAL- Bonneville, or any successor in interest thereto, local agencies, as determined by the Secretary.’’. LAS, TEXAS. shall— (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (a) IN GENERAL.—The project for flood con- (1) be precluded from exercising any jurisdic- tion 313(g)(1) of such Act (106 Stat. 4846) is trol, Dallas Floodway Extension, Dallas, Texas, tion over any lands owned in whole or in part amended by striking ‘‘$50,000,000’’ and inserting authorized by section 301 of the River and Har- by the United States and administered by the ‘‘$80,000,000’’. bor Act of 1965 (79 Stat. 1091), is modified to pro- Corps of Engineers in connection with the Bon- (c) SECTION HEADING.—The heading to section vide that flood protection works constructed by neville project; and 313 of such Act is amended to read as follows: the non-Federal interests along the Trinity (2) be authorized to change the zoning des- ‘‘SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVI- River in Dallas, Texas, for Rochester Park and ignations of, sell, or resell Parcels S35 and S56, RONMENT IMPROVEMENT PRO- the Central Wastewater Treatment Plant shall which are presently designated as open spaces. GRAM.’’. be included as a part of the project and the cost SEC. 341. COLUMBIA RIVER DREDGING, OREGON SEC. 346. WYOMING VALLEY, PENNSYLVANIA. of such works shall be credited against the non- AND WASHINGTON. The project for flood control, Wyoming Valley, Federal share of project costs. The project for navigation, Lower Willamette Pennsylvania, authorized by section 401(a) of (b) DETERMINATION OF AMOUNT.—The amount and Columbia Rivers below Vancouver, Wash- the Water Resources Development Act of 1986 to be credited under subsection (a) shall be de- ington, and Portland, Oregon, authorized by (100 Stat. 4124), is modified to authorize the Sec- termined by the Secretary. In determining such the 1st section of the Act entitled ‘‘An Act mak- retary— amount, the Secretary may permit credit only ing appropriations for the construction, repair, (1) to include as part of the construction of for that portion of the work performed by the preservation, and completion of certain public the project mechanical and electrical upgrades non-Federal interests that is compatible with works on rivers and harbors, and for other pur- to stormwater pumping stations in the Wyoming the project referred to in subsection (a), includ- poses’’, approved June 18, 1878 (20 Stat. 157), is Valley; and ing any modification thereof, and that is re- modified to direct the Secretary— (2) to carry out mitigation measures that the quired for construction of such project. (1) to conduct channel simulation and to Secretary would otherwise be authorized to (c) CASH CONTRIBUTION.—Nothing in this sec- carry out improvements to the existing deep carry out, but for the General Design Memoran- tion shall be construed to limit the applicability September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11177 of the requirement contained in section SEC. 356. EAST WATERWAY, WASHINGTON. is amended by striking ‘‘$5,000,000’’ and insert- 103(a)(1)(A) of the Water Resources Develop- The project for navigation, East and West ing ‘‘$20,000,000’’. ment Act of 1986 (33 U.S.C. 2213(a)(1)(A)) to the Waterways, Seattle Harbor, Washington, au- SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES. project referred to in subsection (a). thorized by the 1st section of the Act entitled Section 306 of the Water Resources Develop- SEC. 352. GRUNDY, VIRGINIA. ‘‘An Act making appropriations for the con- ment Act of 1992 (106 Stat. 4840–4841) is amend- The Secretary shall proceed with planning, struction, repair, and preservation of certain ed— engineering, design, and construction of the public works on rivers and harbors, and for (1) by inserting ‘‘(a) IN GENERAL.—’’ before Grundy, Virginia, element of the Levisa and other purposes’’, approved March 2, 1919 (40 ‘‘The Secretary’’; and Tug Forks of the Big Sandy River and Upper Stat. 1285), is modified to direct the Secretary— (2) by adding at the end the following: Cumberland River project, authorized by section (1) to expedite review of potential deepening ‘‘(b) INTERAGENCY AGREEMENT.—The Sec- 202 of the Energy and Water Development Ap- of the channel in the East waterway from El- retary shall enter into an interagency agreement propriation Act, 1981 (94 Stat. 1339), in accord- liott Bay to Terminal 25 to a depth of up to 51 with the Federal entity that provided assistance ance with Plan 3A as set forth in the prelimi- feet; and in the preparation of the study for the purposes nary draft detailed project report of the Hun- (2) if determined to be feasible, to implement of providing ongoing technical assistance and tington District Commander, dated August 1993. such deepening as part of project maintenance. oversight for the trail facilities envisioned by the In carrying out work authorized by this section, SEC. 353. HAYSI LAKE, VIRGINIA. plan developed under this section. The Federal the Secretary shall coordinate with the Port of The Haysi Lake, Virginia, feature of the entity shall provide such assistance and over- Seattle regarding use of Slip 27 as a dredged ma- project for flood control, Tug Fork of the Big sight.’’. terial disposal area. Sandy River, Kentucky, West Virginia, and Vir- SEC. 361. KICKAPOO RIVER, WISCONSIN. SEC. 357. BLUESTONE LAKE, WEST VIRGINIA. ginia, authorized pursuant to section 202(a) of (a) IN GENERAL.—The project for flood control the Energy and Water Development Appropria- Section 102(ff) of the Water Resources Devel- opment Act of 1992 (106 Stat. 4810) is amended and allied purposes, Kickapoo River, Wisconsin, tion Act, 1981 (94 Stat. 1339), is modified— authorized by section 203 of the Flood Control (1) to add recreation and fish and wildlife en- by inserting after ‘‘project,’’ the 1st place it ap- pears ‘‘except for that organic matter necessary Act of 1962 (76 Stat. 1190) and modified by sec- hancement as project purposes; tion 814 of the Water Resources Development (2) to direct the Secretary to construct the to maintain and enhance the biological re- Act of 1986 (100 Stat. 4169), is further modified Haysi Dam feature of the project substantially sources of such waters and such nonobtrusive as provided by this section. in accordance with Plan A as set forth in the items of debris as may not be economically fea- (b) TRANSFER OF PROPERTY.— Draft General Plan Supplement Report for the sible to prevent being released through such (1) IN GENERAL.—Subject to the requirements Levisa Fork Basin, Virginia and Kentucky, project,’’. of this subsection, the Secretary shall transfer to dated May 1995; SEC. 358. MOOREFIELD, WEST VIRGINIA. the State of Wisconsin, without consideration, (3) to direct the Secretary to apply section (a) REVIEW.—The Secretary, as part of the im- all right, title, and interest of the United States 103(m) of the Water Resources Development Act plementation of the project for flood control, to the lands described in paragraph (3), includ- of 1986 (33 U.S.C. 2213(m); 100 Stat. 4087) to the Moorefield, West Virginia, shall conduct a re- ing all works, structures, and other improve- construction of such feature in the same manner view of the activities of the Corps of Engineers ments to such lands. as that section is applied to other projects or to determine whether the failure of the Corps of (2) TRANSFER TO SECRETARY OF THE INTE- project features constructed pursuant to such Engineers to complete land acquisition for the RIOR.—Subject to the requirements of this sub- section 202(a); and project by May 1, 1996, contributed to any flood section, on the date of the transfer under para- (4) to provide for operation and maintenance damages at the town of Moorefield during 1996. of recreational facilities on a reimbursable basis. (b) REDUCTION OF NON-FEDERAL SHARE.—To graph (1), the Secretary shall transfer to the Secretary of the Interior, without consideration, SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIR- the extent the Secretary determines under sub- GINIA. section (a) that the activities of the Corps of En- all right, title, and interest of the United States The project for navigation and shoreline pro- gineers contributed to any flood damages, the to lands that are culturally and religiously sig- tection, Rudee Inlet, Virginia Beach, Virginia, Secretary shall reduce the non-Federal share of nificant sites of the Ho-Chunk Nation (a feder- authorized by section 601(d) of the Water Re- the flood control project by up to $700,000. Such ally recognized Indian tribe) and are located sources Development Act of 1986 (100 Stat. 4148), costs shall become a Federal responsibility for within the lands described in paragraph (3). is modified to authorize the Secretary to con- carrying out the flood control project. Such lands shall be described in accordance with paragraph (4)(C) and may not exceed a tinue maintenance of the project for 50 years be- SEC. 359. SOUTHERN WEST VIRGINIA. total of 1,200 acres. ginning on the date of initial construction of the (a) COST SHARING.—Section 340(c)(3) of the (3) LAND DESCRIPTION.—The lands to be trans- project. The Federal share of the cost of such Water Resources Development Act of 1992 (106 ferred pursuant to paragraphs (1) and (2) are maintenance shall be determined in accordance Stat. 4856) is amended to read as follows: with title I of the Water Resources Development ‘‘(3) COST SHARING.— the approximately 8,569 acres of land associated Act of 1986 (33 U.S.C. 2211 et seq.). ‘‘(A) IN GENERAL.—Total project costs under with the LaFarge Dam and Lake portion of the SEC. 355. VIRGINIA BEACH, VIRGINIA. each local cooperation agreement entered into project referred to in subsection (a) in Vernon (a) ADJUSTMENT OF NON-FEDERAL SHARE.— under this subsection shall be shared at 75 per- County, Wisconsin, in the following sections: Notwithstanding any other provision of law, the cent Federal and 25 percent non-Federal. The (A) Section 31, Township 14 North, Range 1 non-Federal share of the costs of the project for Federal share may be in the form of grants or West of the 4th Principal Meridian. beach erosion control and hurricane protection, reimbursements of project costs. (B) Sections 2 through 11, and 16, 17, 20, and Virginia Beach, Virginia, authorized by section ‘‘(B) CREDIT FOR DESIGN WORK.—The non- 21, Township 13 North, Range 2 West of the 4th 501(a) of the Water Resources Development Act Federal interest shall receive credit for the rea- Principal Meridian. of 1986 (100 Stat. 4136), shall be reduced by sonable costs of design work completed by such (C) Sections 15, 16, 21 through 24, 26, 27, 31, $3,120,803 or by such amount as is determined by interest prior to entering into a local coopera- and 33 through 36, Township 14 North, Range 2 an audit carried out by the Department of the tion agreement with the Secretary for a project. West of the 4th Principal Meridian. Army to be due to the city of Virginia Beach as The credit for such design work shall not exceed (4) TERMS AND CONDITIONS.— reimbursement for beach nourishment activities 6 percent of the total construction costs of the (A) HOLD HARMLESS; REIMBURSEMENT OF carried out by the city between October 1, 1986, project. UNITED STATES.—The transfer under paragraph and September 30, 1993, if the Federal Govern- ‘‘(C) CREDIT FOR INTEREST.—In the event of a (1) shall be made on the condition that the State ment has not reimbursed the city for the activi- delay in the funding of the non-Federal share of of Wisconsin enters into a written agreement ties prior to the date on which a project co- a project that is the subject of an agreement with the Secretary to hold the United States operation agreement is executed for the project. under this section, the non-Federal interest harmless from all claims arising from or through (b) EXTENSION OF FEDERAL PARTICIPATION.— shall receive credit for reasonable interest in- the operation of the lands and improvements (1) IN GENERAL.—In accordance with section curred in providing the non-Federal share of a subject to the transfer. If title to the lands de- 156 of the Water Resources Development Act of project’s cost. scribed in paragraph (3) is sold or transferred by 1976 (42 U.S.C. 1962d–5f), the Secretary shall ex- ‘‘(D) CREDIT FOR LANDS, EASEMENTS, AND the State, the State shall reimburse the United tend Federal participation in the periodic nour- RIGHTS-OF-WAY.—The non-Federal interest shall States for the price originally paid by the Unit- ishment of Virginia Beach as authorized by sec- receive credit for lands, easements, rights-of- ed States for purchasing such lands. tion 101 of the River and Harbor Act of 1954 (68 way, and relocations toward its share of project (B) IN GENERAL.—The Secretary shall make Stat. 1254) and modified by section 101 of the costs (including all reasonable costs associated the transfers under paragraphs (1) and (2) only River and Harbor Act of 1962 (76 Stat. 1177). with obtaining permits necessary for the con- if on or before October 31, 1997, the State of Wis- (2) DURATION.—Federal participation under struction, operation, and maintenance of such consin enters into and submits to the Secretary paragraph (1) shall extend until the earlier of— project on publicly owned or controlled lands), a memorandum of understanding, as specified in (A) the end of the 50-year period provided for but not to exceed 25 percent of total project subparagraph (C), with the tribal organization in section 156 of the Water Resources Develop- costs. (as defined by section 4(l) of the Indian Self-De- ment Act of 1976 (42 U.S.C. 1962d–5f); and ‘‘(E) OPERATION AND MAINTENANCE.—Oper- termination and Education Assistance Act (25 (B) the completion of the project for beach ation and maintenance costs for projects con- U.S.C. 450b(l))) of the Ho-Chunk Nation. erosion control and hurricane protection, Vir- structed with assistance provided under this sec- (C) MEMORANDUM OF UNDERSTANDING.—The ginia Beach, Virginia, as modified by section tion shall be 100 percent non-Federal.’’. memorandum of understanding referred to in 102(cc) of the Water Resources Development Act (b) FUNDING.—Section 340(g) of the Water Re- subparagraph (B) shall contain, at a minimum, of 1992 (106 Stat. 4810). sources Development Act of 1992 (106 Stat. 4856) the following: H11178 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(i) A description of sites and associated lands (d) FUNDING.—There is authorized to be ap- Connecticut, authorized by the 1st section of the to be transferred to the Secretary of the Interior propriated to carry out this section $17,000,000. Act entitled ‘‘An Act making appropriations for under paragraph (2). SEC. 362. TETON COUNTY, WYOMING. the construction, repair, and preservation of (ii) An agreement specifying that the lands Section 840 of the Water Resources Develop- certain public works on rivers and harbors, and transferred under paragraphs (1) and (2) shall ment Act of 1986 (100 Stat. 4176) is amended— for other purposes’’, approved June 13, 1902 (32 be preserved in a natural state and developed (1) by striking ‘‘: Provided, That’’ and insert- Stat. 333), lying shoreward of a line described as only to the extent necessary to enhance outdoor ing ‘‘; except that’’; follows: Beginning at a point on the authorized recreational and educational opportunities. (2) by striking ‘‘in cash or materials’’ and in- Federal navigation channel line the coordinates (iii) An agreement specifying the terms and serting ‘‘, through providing in-kind services or of which are N156,181.32, E581,572.38, running conditions of a plan for the management of the cash or materials,’’; and thence south 70 degrees, 11 minutes, 8 seconds lands to be transferred under paragraphs (1) (3) by adding at the end the following: ‘‘In west a distance of 171.58 feet to another point and (2). carrying out this section, the Secretary may on the authorized Federal navigation channel (iv) A provision requiring a review of the plan enter into agreements with the non-Federal line the coordinates of which are N156,123.16, referred to in clause (iii) to be conducted every sponsor permitting the non-Federal sponsor to E581,410.96. 10 years under which the State of Wisconsin, perform operation and maintenance for the (2) BRIDGEPORT HARBOR, CONNECTICUT.— acting through the Kickapoo Valley Governing project on a cost-reimbursable basis.’’. (A) ANCHORAGE AREA.—The portion of the Board, and the Ho-Chunk Nation may agree to project for navigation, Bridgeport Harbor, Con- revisions to the plan in order to address SEC. 363. PROJECT REAUTHORIZATIONS. necticut, authorized by section 101 of the River changed circumstances on the lands transferred (a) GRAND PRAIRIE REGION AND BAYOU METO and Harbor Act of 1958 (72 Stat. 297), consisting under paragraph (2). Such provision may in- BASIN, ARKANSAS.—The project for flood con- of a 2-acre anchorage area with a depth of 6 clude a plan for the transfer by the State to the trol, Grand Prairie Region and Bayou Meto feet at the head of Johnsons River between the United States of any additional site discovered Basin, Arkansas, authorized by section 204 of Federal channel and Hollisters Dam. to be culturally and religiously significant to the Flood Control Act of 1950 (64 Stat. 174) and (B) JOHNSONS RIVER CHANNEL.—The portion of the Ho-Chunk Nation. deauthorized pursuant to section 1001(b) of the the project for navigation, Johnsons River (v) An agreement preventing or limiting the Water Resources Development Act of 1986 (33 Channel, Bridgeport Harbor, Connecticut, au- public disclosure of the location or existence of U.S.C. 579a(b)), is authorized to be carried out thorized by the 1st section of the Act entitled each site of particular cultural or religious sig- by the Secretary; except that the scope of the ‘‘An Act authorizing the construction, repair, nificance to the Ho-Chunk Nation if public dis- project includes ground water protection and and preservation of certain public works on riv- closure would jeopardize the cultural or reli- conservation, agricultural water supply, and ers and harbors, and for other purposes’’, ap- gious integrity of the site. waterfowl management if the Secretary deter- proved July 24, 1946 (60 Stat. 634), that is north- (5) ADMINISTRATION OF LANDS.—The lands mines that the change in the scope of the project erly of a line across the Federal channel the co- transferred to the Secretary of the Interior is technically sound, environmentally accept- ordinates of which are north 123318.35, east under paragraph (2), and any lands transferred able, and economic, as applicable. 486301.68, and north 123257.15, east 486380.77. to the Secretary of the Interior under the memo- (b) WHITE RIVER, ARKANSAS.—The project for (3) GUILFORD HARBOR, CONNECTICUT.—The randum of understanding entered into under navigation, White River Navigation to portion of the project for navigation, Guilford paragraph (4), or under any revision of such Batesville, Arkansas, authorized by section Harbor, Connecticut, authorized by section 2 of memorandum of understanding, shall be held in 601(a) of the Water Resources Development Act the Act entitled ‘‘An Act authorizing the con- trust by the United States for, and added to and of 1986 (100 Stat. 4139) and deauthorized by sec- struction, repair, and preservation of certain administered as part of the reservation of, the tion 52(b) of the Water Resources Development public works on rivers and harbors, and for Ho-Chunk Nation. Act of 1988 (102 Stat. 4044), is authorized to be other purposes’’, approved March 2, 1945 (59 (6) TRANSFER OF FLOWAGE EASEMENTS.—The carried out by the Secretary. Stat. 13), that consists of the 6-foot deep chan- Secretary shall transfer to the owner of the ser- (c) DES PLAINES RIVER, ILLINOIS.—The project nel in Sluice Creek and that is not included in vient estate, without consideration, all right, for wetlands research, Des Plaines River, Illi- the following description of the realigned chan- title, and interest of the United States in and to nois, authorized by section 45 of the Water Re- nel: Beginning at a point where the Sluice Creek each flowage easement acquired as part of the sources Development Act of 1988 (102 Stat. 4041) Channel intersects with the main entrance project referred to in subsection (a) within and deauthorized pursuant to section 1001(b) of channel, N159194.63, E623201.07, thence running Township 14 North, Range 2 West of the 4th the Water Resources Development Act of 1986 north 24 degrees, 58 minutes, 15.2 seconds west Principal Meridian, Vernon County, Wisconsin. (33 U.S.C. 579a(b)), is authorized to be carried 478.40 feet to a point N159628.31, E622999.11, (7) DEAUTHORIZATION.—Except as provided in out by the Secretary. thence running north 20 degrees, 18 minutes, subsection (c), the LaFarge Dam and Lake por- (d) ALPENA HARBOR, MICHIGAN.—The project 31.7 seconds west 351.53 feet to a point tion of the project referred to in subsection (a) for navigation, Alpena Harbor, Michigan, au- N159957.99, E622877.10, thence running north 69 is not authorized after the date of the transfer thorized by section 301 of the River and Harbor degrees, 41 minutes, 37.9 seconds east 55.00 feet under this subsection. Act of 1965 (79 Stat. 1090) and deauthorized pur- to a point N159977.08, E622928.69, thence turning (8) INTERIM MANAGEMENT AND MAINTENANCE.— suant to section 1001(b) of the Water Resources and running south 20 degrees, 18 minutes, 31.0 The Secretary shall continue to manage and Development Act of 1986 (33 U.S.C. 579a(b)), is seconds east 349.35 feet to a point N159649.45, maintain the LaFarge Dam and Lake portion of authorized to be carried out by the Secretary. E623049.94, thence turning and running south 24 the project referred to in subsection (a) until the (e) ONTONAGON HARBOR, ONTONAGON COUNTY, degrees, 58 minutes, 11.1 seconds east 341.36 feet date of the transfer under this subsection. MICHIGAN.—The project for navigation, to a point N159340.00, E623194.04, thence turning (c) COMPLETION OF PROJECT FEATURES.— Ontonagon Harbor, Ontonagon County, Michi- and running south 90 degrees, 0 minutes, 0 sec- (1) REQUIREMENT.—The Secretary shall un- gan, authorized by section 101 of the River and onds east 78.86 feet to a point N159340.00, dertake the completion of the following features Harbor Act of 1962 (76 Stat. 1176) and deauthor- E623272.90. of the project referred to in subsection (a): ized pursuant to section 1001(b) of the Water Re- (4) MYSTIC RIVER, CONNECTICUT.—The follow- (A) The continued relocation of State high- ing portion of the project for improving the Mys- way route 131 and county highway routes P and sources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the tic River, Connecticut, authorized by the 1st sec- F substantially in accordance with plans con- tion of the Act entitled ‘‘An Act making appro- tained in Design Memorandum No. 6, Reloca- Secretary. (f) KNIFE RIVER HARBOR, MINNESOTA.—The priations for the construction, repair, and pres- tion-LaFarge Reservoir, dated June 1970; except project for navigation, Knife River Harbor, Min- ervation of certain public works on rivers and that the relocation shall generally follow the ex- nesota, authorized by section 100 of the Water harbors, and for other purposes’’, approved isting road rights-of-way through the Kickapoo Resources Development Act of 1974 (88 Stat. 41) March 4, 1913 (37 Stat. 802): Beginning in the Valley. and deauthorized pursuant to section 1001(b) of 15-foot deep channel at coordinates north (B) Site restoration of abandoned wells, farm 190860.82, east 814416.20, thence running south- sites, and safety modifications to the water con- the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried east about 52.01 feet to the coordinates north trol structures. 190809.47, east 814424.49, thence running south- out by the Secretary. (2) ADDITIONAL REQUIREMENTS.—All activities west about 34.02 feet to coordinates north undertaken pursuant to this subsection shall (g) CLIFFWOOD BEACH, NEW JERSEY.—The project for hurricane-flood protection and beach 190780.46, east 814406.70, thence running north comply with the Native American Graves Protec- about 80.91 feet to the point of beginning. erosion control on Raritan Bay and Sandy Hook tion and Repatriation Act (25 U.S.C. 3001 et (5) NORWALK HARBOR, CONNECTICUT.— seq.), the Archaeological Resources Protection Bay, New Jersey, authorized by section 203 of (A) IN GENERAL.—The following portions of Act of 1979 (16 U.S.C. 470aa et seq.), the Na- the Flood Control Act of 1962 (76 Stat. 1181) and projects for navigation, Norwalk Harbor, Con- tional Historic Preservation Act (16 U.S.C. 470 et deauthorized pursuant to section 1001(b) of the necticut: seq.), and any subsequent Federal law enacted Water Resources Development Act of 1986 (33 (i) The portion authorized by the 1st section of relating to cultural artifacts, human remains, or U.S.C. 579a(b)), is authorized to be carried out the Act entitled ‘‘An Act making appropriations historic preservation. by the Secretary. for the construction, repair, and preservation of (3) PARTICIPATION BY STATE OF WISCONSIN AND SEC. 364. PROJECT DEAUTHORIZATIONS. certain public works on rivers and harbors, and THE HO-CHUNK NATION.—In undertaking comple- The following projects are not authorized for other purposes’’, approved March 2, 1919 (40 tion of the features under paragraph (1), the after the date of the enactment of this Act: Stat. 1276), that lies northerly of a line across Secretary shall consult with the State of Wis- (1) BRANFORD HARBOR, CONNECTICUT.—The the Federal channel having coordinates consin and the Ho-Chunk Nation on the loca- 2,267 square foot portion of the project for navi- N104199.72, E417774.12 and N104155.59, tion of each feature. gation in the Branford River, Branford Harbor, E417628.96. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11179 (ii) The portions of the 6-foot deep East Nor- works on rivers and harbors, and for other pur- thence running south 63 degrees, 37 minutes, walk Channel and Anchorage, authorized by poses’’, approved August 30, 1935 (49 Stat. 1029): 24.6 seconds west 422.63 feet to the point of be- section 2 of the Act entitled ‘‘An Act authoriz- (i) The 6-foot deep anchorage located at the ginning. ing the construction, repair, and preservation of head of the project. (B) The portion located in the 8-foot deep an- certain public works on rivers and harbors, and (ii) The portion of the 9-foot deep channel be- chorage area beginning at coordinates for other purposes’’, approved March 2, 1945 (59 ginning at a bend in the channel the coordi- N108557.24, E371645.88, thence running south 60 Stat. 13), that are not included in the descrip- nates of which are north 109131.16, east degrees, 41 minutes, 17.2 seconds east 484.51 feet tion of the realigned channel and anchorage set 452653.32, running thence in a northeasterly di- to a point N108320.04, E372068.36, thence run- forth in subparagraph (B). rection about 943.01 feet to a point the coordi- ning north 29 degrees, 12 minutes, 53.3 seconds (B) DESCRIPTION OF REALIGNED CHANNEL AND nates of which are north 109635.22, east east 15.28 feet to a point N108333.38, E372075.82, ANCHORAGE.—The realigned 6-foot deep East 453450.31, running thence in a southeasterly di- thence running north 62 degrees, 29 minutes, Norwalk Channel and Anchorage referred to in rection about 22.66 feet to a point the coordi- 42.1 seconds west 484.73 feet to the point of be- subparagraph (A)(ii) is described as follows: Be- nates of which are north 109617.15, east ginning. ginning at a point on the East Norwalk Chan- 453463.98, running thence in a southwesterly di- (12) CHELSEA RIVER, BOSTON HARBOR, MASSA- nel, N95743.02, E419581.37, thence running rection about 945.18 feet to the point of begin- CHUSETTS.—The following portion of the project northwesterly about 463.96 feet to a point ning. for navigation, Boston Harbor, Massachusetts, N96197.93, E419490.18, thence running north- (B) REMAINDER.—The portion of the project authorized by section 101 of the River and Har- westerly about 549.32 feet to a point N96608.49, referred to in subparagraph (A) that is remain- bor Act of 1962 (76 Stat. 1173), consisting of a 35- E419125.23, thence running northwesterly about ing after the deauthorization made by subpara- foot deep channel in the Chelsea River: Begin- 384.06 feet to a point N96965.94, E418984.75, graph (A) and that is northerly of a line the co- ning at a point on the northern limit of the ex- thence running northwesterly about 407.26 feet ordinates of which are north 108699.15, east isting project N505357.84, E724519.19, thence run- to a point N97353.87, E418860.78, thence running 452768.36, and north 108655.66, east 452858.73, is ning northeasterly about 384.19 feet along the westerly about 58.26 feet to a point N97336.26, redesignated as an anchorage. northern limit of the existing project to a bend E418805.24, thence running northwesterly about (8) STONY CREEK, CONNECTICUT.—The follow- on the northern limit of the existing project 70.99 feet to a point N97390.30, E418759.21, ing portion of the project for navigation, Stony N505526.87, E724864.20, thence running south- thence running westerly about 71.78 feet to a Creek, Connecticut, authorized under section easterly about 368.00 feet along the northern point on the anchorage limit N97405.26, 107 of the River and Harbor Act of 1960 (33 limit of the existing project to another point E418689.01, thence running southerly along the U.S.C. 577), located in the 6-foot deep maneu- N505404.77, E725211.35, thence running westerly western limits of the Federal anchorage in exist- vering basin: Beginning at coordinates about 594.53 feet to a point N505376.12, ence on the date of the enactment of this Act N157,031.91, E599,030.79, thence running north- E724617.51, thence running southwesterly about until reaching a point N95893.74, E419449.17, easterly about 221.16 feet to coordinates 100.00 feet to the point of origin. (13) COHASSET HARBOR, MASSACHUSETTS.—The thence running in a southwesterly direction N157,191.06, E599,184.37, thence running north- following portions of the project for navigation, about 78.74 feet to a point on the East Norwalk erly about 162.60 feet to coordinates N157,353.56, Cohasset Harbor, Massachusetts, authorized by Channel N95815.62, E419439.33. E599,189.99, thence running southwesterly about section 2 of the Act entitled ‘‘An Act authoriz- (C) DESIGNATION OF REALIGNED CHANNEL AND 358.90 feet to the point of beginning. ing the construction, repair, and preservation of ANCHORAGE.—All of the realigned channel shall (9) EAST BOOTHBAY HARBOR, MAINE.—The fol- certain public works on rivers and harbors, and be redesignated as an anchorage, with the ex- lowing portion of the navigation project for East for other purposes’’, approved March 2, 1945 (59 ception of the portion of the channel that nar- Boothbay Harbor, Maine, authorized by the 1st Stat. 12), and authorized pursuant to section 107 rows to a width of 100 feet and terminates at a section of the Act entitled ‘‘An Act making ap- of the River and Harbor Act of 1960 (33 U.S.C. line the coordinates of which are N96456.81, propriations for the construction, repair, and 577): A 7-foot deep anchorage and a 6-foot deep E419260.06 and N96390.37, E419185.32, which preservation of certain public works on rivers anchorage; beginning at site 1, beginning at a shall remain as a channel. and harbors, and for other purposes’’, approved point N453510.15, E792664.63, thence running (6) PATCHOGUE RIVER, WESTBROOK, CONNECTI- June 25, 1910 (36 Stat. 657), containing approxi- south 53 degrees 07 minutes 05.4 seconds west CUT.— mately 1.15 acres and described in accordance with the Maine State Coordinate System, West 307.00 feet to a point N453325.90, E792419.07, (A) IN GENERAL.—The following portion of the thence running north 57 degrees 56 minutes 36.8 project for navigation, Patchogue River, Con- Zone: Beginning at a point noted as point number 6 seconds west 201.00 feet to a point N453432.58, necticut, authorized by section 101 of the River and shown as having plan coordinates of North E792248.72, thence running south 88 degrees 57 and Harbor Act of 1954 (68 Stat. 1249): A portion 9, 722, East 9, 909, on the plan entitled, ‘‘East minutes 25.6 seconds west 50.00 feet to a point of the 8-foot deep channel that lies northwest- Boothbay Harbor, Maine, examination, 8-foot N453431.67, E792198.73, thence running north 01 erly of a line whose coordinates are N161108.83, area’’, and dated August 9, 1955, Drawing Num- degree 02 minutes 52.3 seconds west 66.71 feet to E676901.34 and N161246.53, E677103.75. The pe- ber F1251 D–6–2, that point having Maine State a point N453498.37, E792197.51, thence running rimeter of this area starts at a point with coordi- Coordinate System, West Zone coordinates of north 69 degrees 12 minutes 52.3 seconds east nates N161108.83, E676901.34, thence running Northing 74514, Easting 698381. 332.32 feet to a point N453616.30, E792508.20, north 7 degrees, 50 minutes, 44.2 seconds west Thence, North 58 degrees, 12 minutes, 30 sec- thence running south 55 degrees 50 minutes 24.1 27.91 feet to a point N161136.48, E676897.53, onds East a distance of 120.9 feet to a point. seconds east 189.05 feet to the point of origin; thence running north 55 degrees, 46 minutes, Thence, South 72 degrees, 21 minutes, 50 sec- then site 2, beginning at a point, N452886.64, 23.3 seconds east 190.05 feet to a point onds East a distance of 106.2 feet to a point. E791287.83, thence running south 00 degrees 00 N161243.38, E677054.67, thence running north 86 Thence, South 32 degrees, 04 minutes, 55 sec- minutes 00.0 seconds west 56.04 feet to a point, degrees, 19 minutes, 39.9 seconds east 49.18 feet onds East a distance of 218.9 feet to a point. N452830.60, E791287.83, thence running north 90 to a point N161246.53, E677103.75, thence run- Thence, South 61 degrees, 29 minutes, 40 sec- degrees 00 minutes 00.0 seconds west 101.92 feet ning south 55 degrees, 46 minutes, 20.8 seconds onds West a distance of 148.9 feet to a point. to a point, N452830.60, E791185.91, thence run- west 244.81 feet to the point of origin. Thence, North 35 degrees, 14 minutes, 12 sec- ning north 52 degrees 12 minutes 49.7 seconds (B) REDESIGNATION.—The portion of the onds West a distance of 87.5 feet to a point. east 89.42 feet to a point, N452885.39, E791256.58, project for navigation, Patchogue River, Con- Thence, North 78 degrees, 30 minutes, 58 sec- thence running north 87 degrees 42 minutes 33.8 necticut, referred to in subparagraph (A), which onds West a distance of 68.4 feet to a point. seconds east 31.28 feet to the point of origin; and is now part of the 8-foot deep anchorage lying Thence, North 27 degrees, 11 minutes, 39 sec- site 3, beginning at a point, N452261.08, northwesterly of a line whose coordinates are onds West a distance of 157.3 feet to the point of E792040.24, thence running north 89 degrees 07 N161067.46, E676982.76 and N161173.63, beginning. minutes 19.5 seconds east 118.78 feet to a point, E677138.81, is redesignated as part of the 8-foot (10) KENNEBUNK RIVER, MAINE.—The portion N452262.90, E792159.01, thence running south 43 deep channel. The perimeter of this area starts of the project for navigation, Kennebunk River, degrees 39 minutes 06.8 seconds west 40.27 feet to at a point with coordinates N161067.46, Maine, authorized by section 101 of the River a point, N452233.76, E792131.21, thence running E676982.76, thence running north 7 degrees, 48 and Harbor Act of 1962 (76 Stat. 1173) and con- north 74 degrees 33 minutes 29.1 seconds west minutes, 40.7 seconds west 5.59 feet to a point sisting of a 6-foot deep channel that lies north- 94.42 feet to a point, N452258.90, E792040.20, N161073.00, E676982.00, thence running north 55 erly of a line the coordinates of which are thence running north 01 degree 03 minutes 04.3 degrees, 46 minutes, 25.1 seconds east 177.79 feet N191412.53, E417265.28 and N191445.83, seconds east 2.18 feet to the point of origin. to a point N161173.00, E677129.00, thence run- E417332.48. (14) FALMOUTH, MASSACHUSETTS.— ning north 86 degrees, 19 minutes, 31.8 seconds (11) YORK HARBOR, MAINE.—The following (A) DEAUTHORIZATIONS.—The following por- east 9.83 feet to a point N161173.63, E677138.81, portions of the project for navigation, York Har- tions of the project for navigation, Falmouth thence running south 55 degrees, 46 minutes, bor, Maine, authorized by section 101 of the Harbor, Massachusetts, authorized by section 12.9 seconds west 188.74 feet to the point of ori- River and Harbor Act of 1960 (74 Stat. 480): 101 of the River and Harbor Act of 1948 (62 Stat. gin. (A) The portion located in the 8-foot deep an- 1172): (7) SOUTHPORT HARBOR, CONNECTICUT.— chorage area beginning at coordinates (i) The portion commencing at a point north (A) IN GENERAL.—The following portions of N109340.19, E372066.93, thence running north 65 199286.37 east 844394.81 a line running north 73 the project for navigation, Southport Harbor, degrees, 12 minutes, 10.5 seconds east 423.27 feet degrees 09 minutes 29 seconds east 440.34 feet to Connecticut, authorized by the 1st section of the to a point N109517.71, E372451.17, thence run- a point north 199413.99 east 844816.36, thence Act entitled ‘‘An Act authorizing the construc- ning north 28 degrees, 42 minutes, 58.3 seconds turning and running north 43 degrees 09 min- tion, repair, and preservation of certain public west 11.68 feet to a point N109527.95, E372445.56, utes 34.5 seconds east 119.99 feet to a point north H11180 CONGRESSIONAL RECORD — HOUSE September 25, 1996 199501.52 east 844898.44, thence turning and run- ‘‘An Act making appropriations for the con- Thence, north 68 degrees 11 minutes 06 sec- ning south 66 degrees 52 minutes 03.5 seconds struction, repair, and preservation of certain onds east, a distance of 601.95 feet to a point east 547.66 feet returning to a point north public works on rivers and harbors, and for (N658210.26, E2089045.35). 199286.41 east 844394.91. other purposes’’, approved September 19, 1890 Thence, north 35 degrees 11 minutes 34 sec- (ii) The portion commencing at a point north (26 Stat. 436), and consisting of a 7-foot deep onds east, a distance of 89.58 feet to a point 199647.41 east 845035.25 a line running north 43 channel that lies northerly of a line the coordi- (N658283.47, E2089096.98). degrees 09 minutes 33.1 seconds east 767.15 feet nates of which are N255292.31, E713095.36, and Thence, south 20 degrees 56 minutes 30 sec- to a point north 200207.01 east 845560.00, thence N255334.51, E713138.01. onds east, a distance of 186.03 feet to the prin- turning and running north 11 degrees 04 min- (B) MAINTENANCE DREDGING.—Not later than cipal point of beginning (N658109.73, utes 24.3 seconds west 380.08 feet to a point 18 months after the date of the enactment of this E2089163.47) and containing within such bounds north 200580.01 east 845487.00, thence turning Act, the Secretary shall perform maintenance 2.81 acres, more or less, of submerged land. and running north 22 degrees 05 minutes 50.8 dredging for the remaining authorized portions (23) APPONAUG COVE, RHODE ISLAND.—The fol- seconds east 1332.36 feet to a point north of the Federal navigation channel under the lowing portion of the project for navigation, 201814.50 east 845988.21, thence turning and run- project described in subparagraph (A) to restore Apponaug Cove, Rhode Island, authorized by ning north 02 degrees 54 minutes 15.7 seconds authorized channel dimensions. section 101 of the River and Harbor Act of 1960 east 15.0 feet to a point north 201829.48 east (19) MORRISTOWN HARBOR, NEW YORK.—The (74 Stat. 480), consisting of the 6-foot deep chan- 845988.97, thence turning and running south 24 portion of the project for navigation, Morris- nel: Beginning at a point, N223269.93, degrees 56 minutes 42.3 seconds west 1410.29 feet town Harbor, New York, authorized by the 1st E513089.12, thence running northwesterly to a returning to the point north 200550.75 east section of the Act entitled ‘‘An Act authorizing point N223348.31, E512799.54, thence running 845394.18. the construction, repair, and preservation of southwesterly to a point N223251.78, E512773.41, (B) REDESIGNATION.—The portion of the certain public works on rivers and harbors, and thence running southeasterly to a point project for navigation, Falmouth, Massachu- for other purposes’’, approved January 21, 1927 N223178.00, E513046.00, thence running north- setts, referred to in subparagraph (A) upstream (44 Stat. 1014), that lies north of the northern easterly to the point of beginning. of a line designated by the 2 points north boundary of Morris Street extended. (24) PORT WASHINGTON HARBOR, WISCONSIN.— 199463.18 east 844496.40 and north 199350.36 east (20) OSWEGATCHIE RIVER, OGDENSBURG, NEW The following portion of the navigation project 844544.60 is redesignated as an anchorage area. YORK.—The portion of the Federal channel of for Port Washington Harbor, Wisconsin, author- (15) MYSTIC RIVER, MASSACHUSETTS.—The fol- the project for navigation, Ogdensburg Harbor, lowing portion of the project for navigation, New York, authorized by the 1st section of the ized by the 1st section of the Act entitled ‘‘An Mystic River, Massachusetts, authorized by sec- Act entitled ‘‘An Act making appropriations for Act making appropriations for the repair, pres- tion 101 of the River and Harbor Act of 1950 (64 the construction, repair, and preservation of ervation, and completion of certain public works Stat. 164): The 35-foot deep channel beginning certain public works on rivers and harbors, and on rivers and harbors, and for other purposes, at a point on the northern limit of the existing for other purposes’’, approved June 25, 1910 (36 for the fiscal year ending June thirtieth, eight- project, N506243.78, E717600.27, thence running Stat. 635), and modified by the 1st section of the een hundred and seventy-one’’, approved July easterly about 1000.00 feet along the northern Act entitled ‘‘An Act authorizing the construc- 11, 1870 (16 Stat. 223): Beginning at the north- limit of the existing project to a point, tion, repair, and preservation of certain public west corner of the project at Channel Pt. No. 36, N506083.42, E718587.33, thence running south- works on rivers and harbors, and for other pur- of the Federal Navigation Project, Port Wash- erly about 40.00 feet to a point, N506043.94, poses’’, approved August 30, 1935 (49 Stat. 1037), ington Harbor, Ozaukee County, Wisconsin, at E718580.91, thence running westerly about that is in the Oswegatchie River in Ogdensburg, coordinates N513529.68, E2535215.64, thence 188 1000.00 feet to a point, N506204.29, E717593.85, New York, from the southernmost alignment of degrees 31 minutes 59 seconds, a distance of thence running northerly about 40.00 feet to the the Route 68 bridge upstream to the northern- 178.32 feet, thence 196 degrees 47 minutes 17 sec- point of origin. most alignment of the Lake Street bridge. onds, a distance of 574.80 feet, thence 270 de- (16) RESERVED CHANNEL, BOSTON, MASSACHU- (21) CONNEAUT HARBOR, OHIO.—The most grees 58 minutes 25 seconds, a distance of 465.50 SETTS.—The portion of the project for naviga- southerly 300 feet of the 1,670-foot long Shore feet, thence 178 degrees 56 minutes 17 seconds, a tion, Reserved Channel, Boston, Massachusetts, Arm of the project for navigation, Conneaut distance of 130.05 feet, thence 87 degrees 17 min- authorized by section 101(a)(13) of the Water Harbor, Ohio, authorized by the 1st section of utes 05 seconds, a distance of 510.22 feet, thence Resources Development Act of 1990 (104 Stat. the Act entitled ‘‘An Act making appropriations 104 degrees 58 minutes 31 seconds, a distance of 4607), that consists of a 40-foot deep channel be- for the construction, repair, and preservation of 178.33 feet, thence 115 degrees 47 minutes 55 sec- ginning at a point along the southern limit of certain public works on rivers and harbors, and onds, a distance of 244.15 feet, thence 25 degrees the authorized project, N489391.22, E728246.54, for other purposes’’, approved June 25, 1910 (36 12 minutes 08 seconds, a distance of 310.00 feet, thence running northerly about 54 feet to a Stat. 653). thence 294 degrees 46 minutes 50 seconds, a dis- point, N489445.53, E728244.97, thence running (22) LORAIN SMALL BOAT BASIN, LAKE ERIE, tance of 390.20 feet, thence 16 degrees 56 minutes easterly about 2,926 feet to a point, N489527.38, OHIO.—The portion of the Federal navigation 16 seconds, a distance of 570.90 feet, thence 266 E731170.41, thence running southeasterly about channel, Lorain Small Boat Basin, Lake Erie, degrees 01 minutes 25 seconds, a distance of 81 feet to a point, N489474.87, E731232.55, thence Ohio, authorized pursuant to section 107 of the 190.78 feet to Channel Pt. No. 36, the point of running westerly about 2,987 feet to the point of River and Harbor Act of 1960 (33 U.S.C. 577) beginning. origin. that is situated in the State of Ohio, County of SEC. 365. MISSISSIPPI DELTA REGION, LOUISI- (17) WEYMOUTH-FORE AND TOWN RIVERS, MAS- Lorain, Township of Black River and is a part ANA. SACHUSETTS.—The following portions of the of Original Black River Township Lot Number The Mississippi Delta Region project, Louisi- project for navigation, Weymouth-Fore and 1, Tract Number 1, further known as being sub- ana, authorized as part of the project for hurri- Town Rivers, Boston Harbor, Massachusetts, merged lands of Lake Erie owned by the State of cane-flood protection on Lake Pontchartrain, authorized by section 301 of the River and Har- Ohio, and that is more definitely described as Louisiana, by section 204 of the Flood Control bor Act of 1965 (79 Stat. 1089): follows: Act of 1965 (79 Stat. 1077), is modified to direct (A) The 35-foot deep channel beginning at a Commencing at a drill hole found on the cen- the Secretary to provide a credit to the State of bend on the southern limit of the existing terline of Lakeside Avenue (60 feet in width) at Louisiana toward its non-Federal share of the project, N457394.01, E741109.74, thence running the intersection of the centerline of the East cost of the project. The credit shall be for the westerly about 405.25 feet to a point, N457334.64, Shorearm of Lorain Harbor, that point being cost incurred by the State in developing and re- E740708.86, thence running southwesterly about known as United States Corps of Engineers locating oyster beds to offset the adverse im- 462.60 feet to another bend in the southern limit Monument No. 203 (N658012.20, E208953.88). pacts on active and productive oyster beds in of the existing project, N457132.00, E740293.00, Thence, in a line north 75 degrees 26 minutes the Davis Pond project area. The credit shall be thence running northeasterly about 857.74 feet 12 seconds west, a distance of 387.87 feet to a subject to such terms and conditions as the Sec- along the southern limit of the existing project point (N658109.73, E2089163.47). This point is retary deems necessary and shall not exceed to the point of origin. hereinafter in this paragraph referred to as the $7,500,000. (B) The 15 and 35-foot deep channels begin- ‘‘principal point of beginning’’. SEC. 587. MONONGAHELA RIVER, PENNSYLVANIA. ning at a point on the southern limit of the ex- Thence, north 58 degrees 14 minutes 11 sec- isting project, N457163.41, E739903.49, thence onds west, a distance of 50.00 feet to a point The Secretary may make available to the running northerly about 111.99 feet to a point, (N658136.05, E2089120.96). Southwestern Pennsylvania Growth Fund (a re- N457275.37, E739900.76, thence running westerly Thence, south 67 degrees 49 minutes 32 sec- gional industrial development corporation) at no about 692.37 feet to a point N457303.40, onds west, a distance of 665.16 feet to a point additional cost to the United States, dredged E739208.96, thence running southwesterly about (N657885.00, E2088505.00). and excavated materials resulting from con- 190.01 feet to another point on the southern Thence, north 88 degrees 13 minutes 52 sec- struction of the new gated dam at Braddock, limit of the existing project, N457233.17, onds west, a distance of 551.38 feet to a point Pennsylvania, as part of the Locks and Dams 2, E739032.41, thence running easterly about 873.87 (N657902.02, E2087953.88). 3, and 4, Monongahela River, Pennsylvania, feet along the southern limit of the existing Thence, north 29 degrees 17 minutes 42 sec- navigation project, to support environmental project to the point of origin. onds east, a distance of 114.18 feet to a point restoration of the former United States Steel (18) COCHECO RIVER, NEW HAMPSHIRE.— (N658001.60, E2088009.75). Duquesne Works brownfield site— (A) IN GENERAL.—The portion of the project Thence, south 88 degrees 11 minutes 40 sec- (1) if the Pennsylvania Department of Envi- for navigation, Cocheco River, New Hampshire, onds east, a distance of 477.00 feet to a point ronmental Protection issues a ‘‘no further ac- authorized by the 1st section of the Act entitled (N657986.57, E2088486.51). tion’’ decision or a mitigation plan for the site September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11181 prior to a determination by the District Engi- Murrieta Creek from Temecula to Wildomar, pass in the Sacramento-San Joaquin Delta, neer, Pittsburgh District, that the dredged and Riverside County, California, to determine the California, for the purpose of environmental excavated materials are available; and Federal interest in participating in a project for mitigation for the flood control project for Sac- (2) if the Southwestern Pennsylvania Growth flood control. ramento, California, and other water resources Fund agrees to hold and save the United States SEC. 408. PINE FLAT DAM FISH AND WILDLIFE projects in the area. free from damages in connection with use of the HABITAT RESTORATION, CALIFOR- SEC. 413. WEST DADE, FLORIDA. dredged and excavated materials, except for NIA. damages due to the fault or negligence of the The Secretary shall study the advisability of The Secretary shall conduct a reconnaissance United States or its contractors. fish and wildlife habitat improvement measures study to determine the Federal interest in using the West Dade, Florida, reuse facility to improve TITLE IV—STUDIES identified for further study by the Pine Flat Dam Fish and Wildlife Habitat Restoration In- water quality in, and increase the supply of sur- SEC. 401. CORPS CAPABILITY STUDY, ALASKA. vestigation Reconnaissance Report. face water to, the Everglades in order to en- Not later than 18 months after the date of the hance fish and wildlife habitat. enactment of this Act, the Secretary shall report SEC. 409. SANTA YNEZ, CALIFORNIA. (a) PLANNING.—Not later than 1 year after the SEC. 414. SAVANNAH RIVER BASIN COMPREHEN- to Congress on the advisability and capability of SIVE WATER RESOURCES STUDY. the Corps of Engineers to implement rural sani- date of the enactment of this Act, the Secretary (a) IN GENERAL.—The Secretary shall conduct tation projects for rural and Native villages in shall prepare a comprehensive river basin man- a comprehensive study to address the current Alaska. agement plan addressing the long term ecologi- cal, economic, and flood control needs of the and future needs for flood damage prevention SEC. 402. RED RIVER, ARKANSAS. Santa Ynez River basin, California. In prepar- and reduction, water supply, and other related The Secretary shall— ing such plan, the Secretary shall consult with water resources needs in the Savannah River (1) conduct a study to determine the feasibil- the Santa Barbara Flood Control District and Basin. ity of carrying out a project to permit naviga- other affected local governmental entities. tion on the Red River in southwest Arkansas; (b) SCOPE.—The scope of the study shall be (b) TECHNICAL ASSISTANCE.—The Secretary and limited to an analysis of water resources issues shall provide technical assistance to the Santa (2) in conducting the study, analyze economic that fall within the traditional civil works mis- Barbara Flood Control District with respect to benefits that were not included in the limited sion of the Corps of Engineers. implementation of the plan to be prepared under economic analysis contained in the reconnais- (c) COORDINATION.—Notwithstanding sub- subsection (a). sance report for the project dated November section (b), the Secretary shall ensure that the 1995. SEC. 410. SOUTHERN CALIFORNIA INFRASTRUC- study is coordinated with the Environmental TURE. SEC. 403. MCDOWELL MOUNTAIN, ARIZONA. Protection Agency and the ongoing watershed (a) ASSISTANCE.—Section 116(d)(1) of the The Secretary shall credit toward the non- study of the Savannah River Basin by the Water Resources Development Act of 1990 (104 Agency. Federal share of the cost of the feasibility study Stat. 4623) is amended— SEC. 415. CHAIN OF ROCKS CANAL, ILLINOIS. on the McDowell Mountain, Arizona, project an (1) in the heading of paragraph (1) by insert- amount equal to the cost of work performed by ing ‘‘AND ASSISTANCE’’ after ‘‘STUDY’’; and The Secretary shall complete a limited re- the city of Scottsdale, Arizona, and accom- (2) by adding at the end the following: ‘‘In evaluation of the authorized St. Louis Harbor plished prior to the city’s entering into an addition, the Secretary shall provide technical Project in the vicinity of the Chain of Rocks agreement with the Secretary if the Secretary assistance to non-Federal interests in developing Canal, Illinois, consistent with the authorized determines that the work is necessary for the potential infrastructure projects. The non-Fed- purposes of that project, to include evacuation study. eral share of the cost of the technical assistance of waters collecting on the land side of the SEC. 404. NOGALES WASH AND TRIBUTARIES, ARI- shall be 25 percent.’’. Chain of Rocks Canal East Levee. ZONA. (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- SEC. 416. QUINCY, ILLINOIS. (a) STUDY.—The Secretary shall conduct a tion 116(d)(3) of such Act is amended by striking (a) STUDY.—The Secretary shall study and study of the relationship of flooding in Nogales, ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’. Arizona, and floodflows emanating from Mex- evaluate the critical water infrastructure of the SEC. 411. STOCKTON, CALIFORNIA. ico. Fabius River Drainage District, the South Quin- (a) BEAR CREEK DRAINAGE AND MORMON (b) REPORT.—The Secretary shall transmit to cy Drainage and Levee District, the Sny Island SLOUGH/CALAVERAS RIVER.—The Secretary shall Congress a report on the results of the study Levee Drainage District, and the city of Quincy, conduct a review of the Bear Creek Drainage, conducted under subsection (a), together with Illinois— San Joaquin County, California, and the Mor- recommendations concerning the appropriate (1) to determine if additional flood protection mon Slough/Calaveras River, California, level of non-Federal participation in the project needs of such infrastructure should be identified projects for flood control authorized by section for flood control, Nogales Wash and tributaries, or implemented; 10 of the Act entitled ‘‘An Act authorizing the Arizona, authorized by section 101(a)(4) of the (2) to develop a definition of critical water in- construction of certain public works on rivers Water Resources Development Act of 1990 (104 frastructure; and harbors for flood control, and for other pur- Stat. 4606). poses’’, approved December 22, 1944 (58 Stat. (3) to develop evaluation criteria; and SEC. 405. GARDEN GROVE, CALIFORNIA. 901), to develop a comprehensive plan for addi- (4) to enhance existing geographic information The Secretary shall conduct a study to assess tional flood damage reduction measures for the system databases to encompass relevant data the feasibility of implementing improvements in city of Stockton, California, and surrounding that identify critical water infrastructure for the regional flood control system within Garden areas. use in emergencies and in routine operation and Grove, California. (b) FARMINGTON DAM, CALIFORNIA.— maintenance activities. SEC. 406. MUGU LAGOON, CALIFORNIA. (1) CONJUNCTIVE USE STUDY.—The Secretary (b) CONSIDERATION OF OTHER STUDIES.—In (a) STUDY.—The Secretary shall conduct a shall continue participation in the Stockton, conducting the study under this section, the study of the environmental impacts associated California, Metropolitan Area Flood Control Secretary shall consider the recommendations of with sediment transport, floodflows, and up- Study, including an evaluation of the feasibility the Interagency Floodplain Management Com- stream watershed land use practices on Mugu of storage of water at Farmington Dam and im- mittee Report, the findings of the Floodplain Lagoon, California. The study shall include an plementation of a conjunctive use plan. Management Assessment of the Upper Mis- evaluation of alternatives for the restoration of (2) CONSULTATION.—In conducting the study, sissippi River and Lower Missouri Rivers and the estuarine ecosystem functions and values the Secretary shall consult with the Stockton Tributaries, and other relevant studies and find- associated with Mugu Lagoon and the endan- East Water District concerning joint operation ings. gered and threatened species inhabiting the or potential transfer of Farmington Dam. (c) REPORT.—Not later than 1 year after the area. (3) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary (b) CONSULTATION AND COORDINATION.—In date of the enactment of this Act, the Secretary shall transmit to Congress a report on the re- conducting the study, the Secretary shall con- shall submit a report to Congress— sults of the study, together with recommenda- sult with the Secretary of the Navy and shall (A) concerning the feasibility of a conjunctive tions regarding each of the objectives of the coordinate with State and local resource agen- use plan using Farmington Dam for water stor- study described in paragraphs (1) through (4) of cies to ensure that the study is compatible with age; and subsection (a). restoration efforts for the Calleguas Creek wa- (B) containing recommendations on facility SEC. 417. SPRINGFIELD, ILLINOIS. tershed. transfers and operational alternatives. (c) REPORT.—Not later than 2 years after the (4) WITHOUT PROJECT CONDITION.—In con- The Secretary shall provide assistance to the date of the enactment of this Act, the Secretary ducting the Stockton, California, Metropolitan city of Springfield, Illinois, in developing— shall transmit to Congress a report on the re- Area Flood Control Study, the Secretary shall (1) an environmental impact statement for the sults of the study. consider the physical flood control and water proposed development of a water supply res- SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, supply facilities as they existed in January 1996 ervoir, including the preparation of necessary CALIFORNIA. as the ‘‘without project’’ condition. documentation in support of the environmental The Secretary shall review the completed fea- SEC. 412. YOLO BYPASS, SACRAMENTO-SAN JOA- impact statement; and sibility study of the Riverside County Flood QUIN DELTA, CALIFORNIA. (2) an evaluation of the technical, economic, Control and Water Conservation District, in- The Secretary shall study the advisability of and environmental impacts of such develop- cluding identified alternatives, concerning acquiring land in the vicinity of the Yolo By- ment. H11182 CONGRESSIONAL RECORD — HOUSE September 25, 1996

SEC. 418. BEAUTY CREEK WATERSHED, (1) IN GENERAL.—The Secretary shall conduct River in the town of Coeymans, New York, VALPARAISO CITY, PORTER COUNTY, a study of the environmental, flood control, and which has been narrowed by silt as a result of INDIANA. navigational impacts associated with the con- the construction of Coeymans middle dike by the The Secretary shall conduct a study to assess struction of a lock structure in the Houma Navi- Corps of Engineers. the feasibility of implementing streambank ero- gation Canal as an independent feature of the SEC. 433. NEW YORK BIGHT AND HARBOR STUDY. sion control measures and flood control meas- overall flood damage prevention study being Section 326(f) of the Water Resources Develop- ures within the Beauty Creek watershed, conducted under the Morganza, Louisiana, to ment Act of 1992 (106 Stat. 4851) is amended by Valparaiso City, Porter County, Indiana. the Gulf of Mexico feasibility study. striking ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’. SEC. 419. GRAND CALUMET RIVER, HAMMOND, IN- (2) CONSIDERATIONS.—In conducting the study SEC. 434. PORT OF NEWBURGH, NEW YORK. DIANA. under paragraph (1), the Secretary shall— The Secretary shall conduct a study of the (a) STUDY.—The Secretary shall conduct a (A) consult with the South Terrebonne Tide- feasibility of carrying out improvements for study to establish a methodology and schedule water Management and Conservation District navigation at the port of Newburgh, New York. to restore the wetlands at Wolf Lake and George and consider the District’s Preliminary Design SEC. 435. PORT OF NEW YORK-NEW JERSEY NAVI- Lake in Hammond, Indiana. Document dated February 1994; and GATION STUDY. (b) REPORT.—Not later than 1 year after the (B) evaluate the findings of the Louisiana The Secretary shall conduct a comprehensive date of the enactment of this Act, the Secretary Coastal Wetlands Conservation and Restoration study of navigation needs at the Port of New shall transmit to Congress a report on the re- Task Force, established under the Coastal Wet- York-New Jersey (including the South Brooklyn sults of the study conducted under subsection lands Planning, Protection and Restoration Act Marine and Red Hook Container Terminals, (a). (16 U.S.C. 3951 et seq), relating to the lock struc- Staten Island, and adjacent areas) to address SEC. 420. INDIANA HARBOR CANAL, EAST CHI- ture. improvements, including deepening of existing CAGO, LAKE COUNTY, INDIANA. (b) REPORT.—Not later than 6 months after channels to depths of 50 feet or greater, that are The Secretary shall conduct a study of the the date of the enactment of this Act, the Sec- required to provide economically efficient and feasibility of including environmental and rec- retary shall transmit to Congress a report on the environmentally sound navigation to meet cur- reational features, including a vegetation buff- results of the study conducted under subsection rent and future requirements. er, as part of the project for navigation, Indiana (a), together with recommendations for imme- SEC. 436. SHINNECOCK INLET, NEW YORK. Harbor Canal, East Chicago, Lake County, In- diate implementation of the study. Not later than 2 years after the date of the en- diana, authorized by the 1st section of the Act SEC. 426. HURON RIVER, MICHIGAN. actment of this Act, the Secretary shall conduct entitled ‘‘An Act making appropriations for the The Secretary shall conduct a study to deter- a reconnaissance study in Shinnecock Inlet, construction, repair, and preservation of certain mine the feasibility of and need for channel im- New York, to determine the feasibility of con- public works on rivers and harbors, and for provements and associated modifications for the structing a sand bypass system, or other appro- other purposes’’, approved June 25, 1910 (36 purpose of providing a harbor of refuge at priate alternative, for the purposes of allowing Stat. 657). Huron River, Michigan. sand to flow in its natural east-to-west pattern SEC. 421. KOONTZ LAKE, INDIANA. SEC. 427. CITY OF NORTH LAS VEGAS, CLARK and preventing the further erosion of the beach- The Secretary shall conduct a study of the COUNTY, NEVADA. es west of the inlet and the shoaling of the inlet. feasibility of implementing measures to restore The Secretary shall conduct a reconnaissance SEC. 437. CHAGRIN RIVER, OHIO. Koontz Lake, Indiana, including measures to study to determine the Federal interest in chan- The Secretary shall conduct a study of flood- remove silt, sediment, nutrients, aquatic growth, nel improvements in channel A of the North Las ing problems along the Chagrin River in East- and other noxious materials from Koontz Lake, Vegas Wash in the city of North Las Vegas, lake, Ohio. In conducting such study, the Sec- measures to improve public access facilities to Clark County, Nevada, for the purpose of flood retary shall evaluate potential solutions to Koontz Lake, and measures to prevent or abate control. flooding from all sources, including that result- the deposit of sediments and nutrients in Koontz SEC. 428. LOWER LAS VEGAS WASH WETLANDS, ing from ice jams, and shall evaluate the fea- Lake. CLARK COUNTY, NEVADA. sibility of a sedimentation collection pit and SEC. 422. LITTLE CALUMET RIVER, INDIANA. The Secretary shall conduct a study to deter- other potential measures to reduce flooding. (a) STUDY.—The Secretary shall conduct a mine the advisability of wetland restoration and SEC. 438. CUYAHOGA RIVER, OHIO. study of the impacts of the project for flood con- the feasibility of erosion control in the Lower The Secretary shall conduct a study to evalu- trol, Little Calumet River, Indiana, authorized Las Vegas Wash, Nevada. ate the integrity of the bulkhead system located by section 401(a) of the Water Resources Devel- SEC. 429. NORTHERN NEVADA. on the Federal channel along the Cuyahoga opment Act of 1986 (100 Stat. 4115), on flooding The Secretary shall conduct reconnaissance River in the vicinity of Cleveland, Ohio, and and water quality in the vicinity of the Black studies, in the State of Nevada, of— shall provide to the non-Federal interest an Oak area of Gary, Indiana. (1) the Humboldt River and its tributaries and analysis of costs and repairs of the bulkhead (b) REPORT.—Not later than 1 year after the outlets; system. date of the enactment of this Act, the Secretary (2) the Truckee River and its tributaries and SEC. 439. COLUMBIA SLOUGH, OREGON. shall transmit to Congress a report on the re- outlets; Not later than 2 years after the date of the en- sults of the study conducted under subsection (3) the Carson River and its tributaries and actment of this Act, the Secretary, in consulta- (a), together with recommendations for cost-ef- outlets; and tion with the Administrator of the Environ- fective remediation of impacts described in sub- (4) the Walker River and its tributaries and mental Protection Agency, shall complete a fea- section (a). outlets; sibility study for the ecosystem restoration (c) FEDERAL SHARE.—The Federal share of the in order to determine the Federal interest in project at Columbia Slough, Oregon. cost of the study to be conducted under sub- flood control, environmental restoration, con- SEC. 440. CHARLESTON, SOUTH CAROLINA. section (a) shall be 100 percent. servation of fish and wildlife, recreation, water The Secretary shall conduct a study of the SEC. 423. TIPPECANOE RIVER WATERSHED, INDI- conservation, water quality, and toxic and ra- Charleston estuary area located in Charleston, ANA. dioactive waste. Berkeley, and Dorchester Counties, South Caro- (a) STUDY.—The Secretary shall conduct a SEC. 430. SACO RIVER, NEW HAMPSHIRE. lina, for the purpose of evaluating environ- study of water quality and environmental res- mental conditions in the tidal reaches of the The Secretary shall conduct a study of flood- toration needs in the Tippecanoe River water- Ashley, Cooper, Stono, and Wando Rivers and ing problems along the Saco River in Hart’s Lo- shed, Indiana, including measures necessary to the lower portions of Charleston Harbor. reduce siltation in Lake Shafer and Lake Free- cation, New Hampshire, for the purpose of eval- uating retaining walls, berms, and other struc- SEC. 441. OAHE DAM TO LAKE SHARPE, SOUTH man. DAKOTA. tures with a view to potential solutions involv- (b) ASSISTANCE.—The Secretary shall provide The Secretary shall investigate potential solu- ing repair or replacement of existing structures. technical, planning, and design assistance to tions to the recurring flooding and related prob- In conducting the study, the Secretary shall the Shafer and Freeman Lakes Environmental lems in the vicinity of Pierre and Ft. Pierre, also consider other alternatives for flood damage Conservation Corporation in addressing poten- South Dakota, caused by sedimentation in Lake reduction. tial environmental restoration activities deter- Sharpe. The potential solutions to be inves- mined appropriate as a result of the study con- SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK. tigated shall include lowering of the lake level ducted under subsection (a). The Secretary shall conduct a study to deter- and sediment agitation to allow for resuspension SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISI- mine the feasibility of a potential greenway trail and movement of the sediment. The investiga- ANA. project along the Buffalo River between the tion shall include development of a comprehen- The Secretary shall incorporate the portion of park system of the city of Buffalo, New York, sive solution which includes consideration of the Calcasieu River in the vicinity of Hackberry, and Lake Erie. Such study may include prepa- structural and nonstructural measures upstream Louisiana, as part of the overall study of the ration of an integrated plan of development that from the lake consisting of land treatment, sedi- Lake Charles ship channel, bypass channel, and takes into consideration the adjacent parks, na- ment retention structures, and such other meas- general anchorage area in Louisiana, to explore ture preserves, bikeways, and related rec- ures as the Secretary determines to be appro- the possibility of constructing additional an- reational facilities. priate. chorage areas. SEC. 432. COEYMANS, NEW YORK. SEC. 442. MUSTANG ISLAND, CORPUS CHRISTI, SEC. 425. MORGANZA, LOUISIANA, TO GULF OF The Secretary shall conduct a reconnaissance TEXAS. MEXICO. study to determine the Federal interest in re- The Secretary shall conduct a study of navi- (a) STUDY.— opening the secondary channel of the Hudson gation along the south-central coast of Texas September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11183

near Corpus Christi for the purpose of determin- (5) REMAINING LANDS.—All remaining lands the city of Steubenville, Ohio, all right, title, ing the feasibility of constructing and maintain- acquired for the Village Creek flood control and interest of the United States in and to the ing the Packery Channel on the southern por- project shall remain in public ownership and approximately 12 acres of land located at the tion of Mustang Island. shall be used solely for recreation purposes or Pike Island Locks and Dam, together with any SEC. 443. PRINCE WILLIAM COUNTY, VIRGINIA. maintained as open space. improvements on the land. The Secretary shall conduct a study of flood- (b) OAKLAND INNER HARBOR TIDAL CANAL (2) TERMS AND CONDITIONS.—The conveyance ing, erosion, and other water resources problems PROPERTY, CALIFORNIA.—Section 205 of the by the United States under this subsection shall in Prince William County, Virginia, including Water Resources Development Act of 1990 (104 be subject to such terms and conditions as the an assessment of wetland protection, erosion Stat. 4633) is amended— Secretary considers appropriate to protect the control, and flood damage reduction needs of (1) by inserting after paragraph (2) the follow- interests of the United States. the County. ing: (3) LEGAL DESCRIPTION OF REAL PROPERTY AND ‘‘(3) To adjacent land owners, the United SEC. 444. PACIFIC REGION. PAYMENT OF COSTS.—The exact acreage and States title to all or portions of that part of the The Secretary may conduct studies in the in- legal description of the real property described Oakland Inner Harbor Tidal Canal that are lo- terest of navigation in that part of the Pacific in paragraph (1) shall be determined by a sur- cated within the boundaries of the city in which region that includes American Samoa, Guam, vey that is satisfactory to the Secretary. The such canal rests. Such conveyance shall be at and the Commonwealth of the Northern Mari- cost of the survey shall be borne by the city of fair market value.’’; ana Islands. Steubenville. The city shall also be responsible (2) by inserting after ‘‘right-of-way’’ the fol- for any other costs associated with the convey- SEC. 445. FINANCING OF INFRASTRUCTURE lowing: ‘‘or other rights considered necessary by NEEDS OF SMALL AND MEDIUM ance authorized by this subsection. the Secretary’’; and (4) CONSIDERATION OF CERTAIN PROPERTIES.— PORTS. (3) by adding at the end the following: ‘‘The (a) STUDY.—The Secretary shall study the fea- Properties to be conveyed under this subsection conveyances and processes involved shall be at sibility of alternative financing mechanisms for that will be retained in public ownership and no cost to the United States.’’. ensuring adequate funding for the infrastruc- used for public park and recreation or other (c) MARIEMONT, OHIO.— public purposes shall be conveyed without con- ture needs of small and medium ports. (1) IN GENERAL.—The Secretary shall convey sideration. If any such property is no longer (b) MECHANISMS TO BE STUDIED.—Mecha- to the village of Mariemont, Ohio, at fair market used for public park and recreation or other nisms to be studied under subsection (a) shall value all right, title, and interest of the United public purposes, title to such property shall re- include the establishment of revolving loan States in and to a parcel of land (including im- vert to the Secretary. funds. provements to the parcel) under the jurisdiction (c) REPORT.—Not later than 6 months after (e) SHENANGO RIVER LAKE PROJECT, OHIO.— of the Corps of Engineers, known as the ‘‘Ohio (1) IN GENERAL.—Subject to this subsection, the date of the enactment of this Act, the Sec- River Division Laboratory’’, and described in retary shall transmit to Congress a report con- the Secretary shall convey by quitclaim deed to paragraph (4). the Kinsman Township, Trumbull County, taining the results of the study conducted under (2) TERMS AND CONDITIONS.—The conveyance Ohio, all right, title, and interest of the United subsection (a). under paragraph (1) shall be subject to such States in and to a parcel of land located at the SEC. 446. EVALUATION OF BEACH MATERIAL. terms and conditions as the Secretary considers Shenango River Lake project consisting of ap- (a) IN GENERAL.—The Secretary and the Sec- necessary and appropriate to protect the inter- proximately 1 acre, together with any improve- retary of the Interior shall evaluate procedures ests of the United States. ments on the land. and requirements used in the selection and ap- (3) PROCEEDS.—All proceeds from the convey- (2) TERMS AND CONDITIONS.—The conveyance proval of materials to be used in the restoration ance under paragraph (1) shall be deposited in by the United States under this subsection shall and nourishment of beaches. Such evaluation the general fund of the Treasury of the United be subject to such terms and conditions as the shall address the potential effects of changing States and credited as miscellaneous receipts. Secretary considers appropriate to protect the existing procedures and requirements on the im- (4) PROPERTY DESCRIPTION.—The parcel of interests of the United States. plementation of beach restoration and nourish- land referred to in paragraph (1) is the parcel (3) LEGAL DESCRIPTION OF REAL PROPERTY AND ment projects and on the aquatic environment. situated in the State of Ohio, County of Hamil- PAYMENT OF COSTS.—The exact acreage and (b) CONSULTATION.—In conducting the eval- ton, Township 4, Fractional Range 2, Miami legal description of the real property described uation under this section, the Secretaries shall Purchase, Columbia Township, Section 15, being in paragraph (1) shall be determined by a sur- consult with appropriate Federal and State parts of Lots 5 and 6 of the subdivision of the vey that is satisfactory to the Secretary. The agencies. dower tract of the estate of Joseph Ferris as re- cost of the survey shall be borne by the Kinsman (c) REPORT.—Not later than 6 months after corded in Plat Book 4, Page 112, of the Plat Township. The township shall also be respon- the date of the enactment of this Act, the Sec- Records of Hamilton County, Ohio, Recorder’s sible for any other costs associated with the con- retaries shall transmit a report to Congress on Office, and more particularly described as fol- veyance authorized by this subsection. their findings under this section. lows: (4) CONSIDERATION OF CERTAIN PROPERTIES.— (d) EFFECT ON AUTHORITY OF SECRETARY OF Beginning at an iron pin set to mark the Properties to be conveyed under this subsection THE INTERIOR.—Nothing in this section is in- intersection of the easterly line of Lot 5 of said that will be retained in public ownership and tended to affect the authority of the Secretary subdivision of said dower tract with the north- used for public park and recreation or other of the Interior under section 8(k) of the Outer erly line of the right-of-way of the Norfolk and public purposes shall be conveyed without con- Continental Shelf Lands Act (43 U.S.C. 1337(k)). Western Railway Company as shown in Plat sideration. If any such property is no longer Book 27, Page 182, Hamilton County, Ohio, Sur- TITLE V—MISCELLANEOUS PROVISIONS used for public park and recreation or other SEC. 501. LAND CONVEYANCES. veyor’s Office. Thence with said northerly right-of-way line public purposes, title to such property shall re- (a) VILLAGE CREEK, ALABAMA.— south 70 degrees, 10 minutes, 13 seconds west vert to the Secretary. (1) IN GENERAL.—Upon a determination by the (f) EUFAULA LAKE, OKLAHOMA.— Secretary that construction of facilities associ- 258.52 feet to a point. Thence leaving the northerly right-of-way of (1) IN GENERAL.—The Secretary shall convey ated with a commercial enterprise is not incon- the Norfolk and Western Railway Company to the city of Eufaula, Oklahoma, all right, sistent with the operation of the project for north 18 degrees, 22 minutes, 02 seconds west title, and interest of the United States in and to flood control, Village Creek, Alabama, author- 302.31 feet to a point in the south line of a parcel of land consisting of approximately 12.5 ized by section 410(a) of the Water Resources Mariemont Avenue. acres located at the Eufaula Lake project. Development Act of 1986 (100 Stat. 4111), the Thence along said south line north 72 degrees, (2) CONSIDERATION.—Consideration for the non-Federal interest with respect to the project 34 minutes, 35 seconds east 167.50 feet to a point. conveyance under paragraph (1) shall be the may sell to private interests a parcel of land Thence leaving the south line of Mariemont fair market value of the parcel (as determined consisting of approximately 18 acres for the pur- Avenue north 17 degrees, 25 minutes, 25 seconds by the Secretary) and payment of all costs of the pose of constructing facilities associated with a west 49.00 feet to a point. United States in making the conveyance, in- commercial enterprise. Thence north 72 degrees, 34 minutes, 35 sec- cluding the costs of— (2) LAND DESCRIPTION.—The land to be con- onds east 100.00 feet to a point. (A) the surveys required under paragraphs (3) veyed under paragraph (1) shall consist of ap- Thence south 17 degrees, 25 minutes, 25 sec- and (4); proximately 43 individual tracts that are bound- onds east 49.00 feet to a point. (B) any other necessary survey or survey ed on the west by Coosa Street, on the south by Thence north 72 degrees, 34 minutes, 35 sec- monumentation; 16th Avenue North, on the east by Tallapoosa onds east 238.90 feet to a point. (C) compliance with the National Environ- Street, and on the north by the northern bound- Thence south 00 degrees, 52 minutes, 07 sec- mental Policy Act of 1969 (42 U.S.C. 4321 et ary of lands acquired for the project. onds east 297.02 feet to a point in the northerly seq.); and (3) FACILITIES.—The facilities shall be con- line of the Norfolk and Western Railway Com- (D) any coordination necessary with respect structed in accordance with local floodplain or- pany. to requirements relating to endangered species, dinances and shall not increase flood risks of Thence with said northerly right-of-way cultural resources, and clean air (including the other residents in the Village Creek floodplain. south 70 degrees, 10 minutes, 13 seconds west costs of agency consultation and public hear- (4) REIMBURSEMENT.—The non-Federal inter- 159.63 feet to a point of beginning, containing ings). est shall reimburse the Secretary the Federal 3.22 acres, more or less. (3) LAND SURVEYS.—The exact acreage and de- cost of acquiring the lands to be conveyed, in- (d) PIKE ISLAND LOCKS AND DAM, OHIO.— scription of the parcel to be conveyed under cluding relocation assistance, demolition of (1) IN GENERAL.—Subject to this subsection, paragraph (1) shall be determined by such sur- structures, and administrative costs. the Secretary shall convey by quitclaim deed to veys as the Secretary considers necessary. Such H11184 CONGRESSIONAL RECORD — HOUSE September 25, 1996 surveys shall be carried out to the satisfaction shall ensure that the conveyance complies with through (F), the Secretary may convey to a of the Secretary. the National Environmental Policy Act of 1969 local government referred to in subparagraphs (4) ENVIRONMENTAL BASELINE SURVEY.—Prior (42 U.S.C. 4321 et seq.). (A) through (F) such properties under the juris- to making the conveyance under paragraph (1), (i) TRI-CITIES AREA, WASHINGTON.— diction of the Secretary in the Tri-Cities area as the Secretary shall conduct an environmental (1) GENERAL AUTHORITY.—As soon as prac- the Secretary and the local government agree baseline survey to determine the levels of any ticable after the date of the enactment of this are appropriate for conveyance. contamination (as of the date of the survey) for Act, the Secretary shall make the conveyances (3) TERMS AND CONDITIONS.— which the United States would be responsible to the local governments referred to in para- (A) IN GENERAL.—The conveyances under under the Comprehensive Environmental Re- graph (2) of all right, title, and interest of the paragraph (1) shall be subject to such terms and sponse, Compensation, and Liability Act of 1980 United States in and to the property described conditions, including payment of reasonable ad- (42 U.S.C. 9601 et seq.) and any other applicable in paragraph (2). ministrative costs, as the Secretary considers law. (2) PROPERTY DESCRIPTIONS.— necessary and appropriate to protect the inter- (5) CONDITIONS CONCERNING RIGHTS AND EASE- (A) BENTON COUNTY, WASHINGTON.—The prop- ests of the United States. MENT.—The conveyance under paragraph (1) erty to be conveyed pursuant to paragraph (1) (B) SPECIAL RULE FOR FRANKLIN COUNTY.— shall be subject to existing rights and to reten- to Benton County, Washington, is the property The property described in paragraph (2)(B)(vi) tion by the United States of a flowage easement in such county that is designated ‘‘Area D’’ on shall be conveyed only after Franklin County, over all portions of the parcel that lie at or Exhibit A to Army Lease No. DACW–68–1–81–43. Washington, has entered into a written agree- RANKLIN COUNTY, WASHINGTON.—The below the flowage easement contour for the (B) F ment with the Secretary that provides that the property to be conveyed pursuant to paragraph Eufaula Lake project. United States shall continue to operate and (1) to Franklin County, Washington, is— (6) OTHER TERMS AND CONDITIONS.—The con- maintain the flood control drainage areas and (i) the 105.01 acres of property leased pursu- veyance under paragraph (1) shall be subject to pump stations on the property conveyed and ant to Army Lease No. DACW–68–1–77–20 as exe- such other terms and conditions as the Sec- that the United States shall be provided all cuted by Franklin County, Washington, on retary considers necessary and appropriate to easements and rights necessary to carry out that protect the interests of the United States. April 7, 1977; (ii) the 35 acres of property leased pursuant to agreement. (g) BOARDMAN, OREGON.— Supplemental Agreement No. 1 to Army Lease (C) SPECIAL RULE FOR CITY OF PASCO.—The (1) IN GENERAL.—The Secretary shall convey property described in paragraph (2)(E)(ii) shall to the city of Boardman, Oregon, all right, title, No. DACW–68–1–77–20; (iii) the 20 acres of property commonly known be conveyed only after the city of Pasco, Wash- and interest of the United States in and to a as ‘‘Richland Bend’’, which is designated by the ington, has entered into a written agreement parcel of land consisting of approximately 141 shaded portion of Lot 1, Section 11, and the with the Secretary that provides that the United acres acquired as part of the John Day Lock shaded portion of Lot 1, Section 12, Township 9 States shall continue to operate and maintain and Dam project in the vicinity of such city cur- North, Range 28 East, W.M. on Exhibit D to the flood control drainage areas and pump sta- rently under lease to the Boardman Park and Supplemental Agreement No. 2 to Army Lease tions on the property conveyed and that the Recreation District. No. DACW–68–1–77–20; United States shall be provided all easements (2) CONSIDERATION.— (iv) the 7.05 acres of property commonly and rights necessary to carry out that agree- (A) PARK AND RECREATION PROPERTIES.— ment. Properties to be conveyed under this subsection known as ‘‘Taylor Flat’’, which is designated by the shaded portion of Lot 1, Section 13, Town- (D) CONSIDERATION.— that will be retained in public ownership and (i) PARK AND RECREATION PROPERTIES.—Prop- used for public park and recreation purposes ship 11 North, Range 28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army erties to be conveyed under this subsection that shall be conveyed without consideration. If any will be retained in public ownership and used such property is no longer used for public park Lease No. DACW–68–1–77–20; (v) the 14.69 acres of property commonly for public park and recreation purposes shall be and recreation purposes, title to such property known as ‘‘Byers Landing’’, which is des- conveyed without consideration. If any such shall revert to the Secretary. ignated by the shaded portion of Lots 2 and 3, property is no longer used for public park and (B) OTHER PROPERTIES.—Properties to be con- Section 2, Township 10 North, Range 28 East, recreation purposes, title to such property shall veyed under this subsection and not described in W.M. on Exhibit D to Supplemental Agreement revert to the Secretary. subparagraph (A) shall be conveyed at fair mar- No. 2 to Army Lease No. DACW–68–1–77–20; and (ii) OTHER PROPERTIES.—Properties to be con- ket value. (vi) all levees within Franklin County, Wash- veyed under this subsection and not described in (3) CONDITIONS CONCERNING RIGHTS AND EASE- ington, as of the date of the enactment of this clause (i) shall be conveyed at fair market MENT.—The conveyance of properties under this Act, and the property on which the levees are value. subsection shall be subject to existing first rights situated. (4) LAKE WALLULA LEVEES.— of refusal regarding acquisition of the properties (C) CITY OF KENNEWICK, WASHINGTON.—The (A) DETERMINATION OF MINIMUM SAFE and to retention of a flowage easement over por- property to be conveyed pursuant to paragraph HEIGHT.— tions of the properties that the Secretary deter- (1) to the city of Kennewick, Washington, is the (i) CONTRACT.—Not later than 30 days after mines to be necessary for operation of the property in the city that is subject to the Munic- the date of the enactment of this Act, the Sec- project. ipal Sublease Agreement entered into on April 6, retary shall contract with a private entity (4) OTHER TERMS AND CONDITIONS.—The con- 1989, between Benton County, Washington, and agreed to under clause (ii) to determine, within veyance of properties under this subsection shall the cities of Kennewick and Richland, Washing- 6 months after that date, the minimum safe be subject to such other terms and conditions as ton. height for the levees of the project for flood con- the Secretary considers necessary and appro- (D) CITY OF RICHLAND, WASHINGTON.—The trol, Lake Wallula, Washington. The Secretary priate to protect the interests of the United property to be conveyed pursuant to paragraph shall have final approval of the minimum safe States. (1) to the city of Richland, Washington, is the height. (h) BENBROOK LAKE, TEXAS.— property in the city that is subject to the Munic- (ii) AGREEMENT OF LOCAL OFFICIALS.—A con- (1) IN GENERAL.—The Secretary shall convey ipal Sublease Agreement entered into on April 6, all right, title, and interest of the United States tract shall be entered into under clause (i) only 1989, between Benton County, Washington, and in and to a parcel of real property located at with a private entity agreed to by the Secretary, the cities of Kennewick and Richland, Washing- Longhorn Park, also known as ‘‘Pecan Valley appropriate representatives of Franklin County, ton. Park’’, Benbrook Lake, Benbrook, Texas, con- Washington, and appropriate representatives of (E) CITY OF PASCO, WASHINGTON.—The prop- sisting of approximately 50 acres. the city of Pasco, Washington. erty to be conveyed pursuant to paragraph (1) (B) AUTHORITY.—A local government may re- (2) CONSIDERATION.—Consideration for the to the city of Pasco, Washington, is— conveyance under paragraph (1) shall be the duce, at its cost, the height of any levee of the (i) the property in the city of Pasco, Washing- project for flood control, Lake Wallula, Wash- fair market value of the real property as deter- ton, that is leased pursuant to Army Lease No. mined by the Secretary. All costs associated ington, within the boundaries of the area under DACW–68–1–77–10; and the jurisdiction of such local government to a with the conveyance under paragraph (1) and (ii) all levees in the city, as of the date of the such other costs as the Secretary considers ap- height not lower than the minimum safe height enactment of this Act, and the property on determined pursuant to subparagraph (A). propriate shall be borne by the purchaser. which the levees are situated. (j) APPLICABILITY OF OTHER LAWS.—Any con- (3) DESCRIPTION OF PROPERTY.—The exact (F) PORT OF PASCO, WASHINGTON.—The prop- tract for sale, deed, or other transfer of real acreage and legal description of the parcel of erty to be conveyed pursuant to paragraph (1) property under this section shall be carried out real property to be conveyed under paragraph to the Port of Pasco, Washington, is— (1) shall be determined by a survey satisfactory (i) the property owned by the United States in compliance with all applicable provisions of to the Secretary. The cost of the survey shall be that is south of the Burlington Northern Rail- section 120(h) of the Comprehensive Environ- borne by the purchaser. road tracks in Lots 1 and 2, Section 20, Town- mental Response, Compensation, and Liability (4) ADDITIONAL TERMS.—The Secretary may ship 9 North, Range 31 East, W.M.; and Act of 1980 (42 U.S.C. 9620(h)) and other envi- require such additional terms and conditions in (ii) the property owned by the United States ronmental laws. connection with the conveyance under para- that is south of the Burlington Northern Rail- SEC. 502. NAMINGS. graph (1) as the Secretary considers appropriate road tracks in Lots 1, 2, 3, and 4, in each of Sec- (a) MILT BRANDT VISITORS CENTER, CALIFOR- to protect the interests of the United States. tions 21, 22, and 23, Township 9 North, Range 31 NIA.— (5) COMPLIANCE WITH NATIONAL ENVIRON- East, W.M. (1) DESIGNATION.—The visitors center at Warm MENTAL POLICY ACT.—Prior to the conveyance of (G) ADDITIONAL PROPERTIES.—In addition to Springs Dam, California, authorized by section property under paragraph (1), the Secretary properties described in subparagraphs (A) 203 of the Flood Control Act of 1962 (76 Stat. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11185

1192), shall be known and designated as the SEC. 503. WATERSHED MANAGEMENT, RESTORA- (1) BROWARD COUNTY, FLORIDA.—Project for ‘‘Milt Brandt Visitors Center’’. TION, AND DEVELOPMENT. shoreline protection, segments II and III, (2) LEGAL REFERENCES.—Any reference in a (a) IN GENERAL.—The Secretary may provide Broward County, Florida. law, map, regulation, document, paper, or other technical, planning, and design assistance to (2) FORT PIERCE, FLORIDA.—Project for shore- record of the United States to the visitors center non-Federal interests for carrying out water- line protection, Fort Pierce, Florida. referred to in paragraph (1) shall be deemed to shed management, restoration, and development (3) PANAMA CITY BEACHES, FLORIDA.—Project be a reference to the ‘‘Milt Brandt Visitors Cen- projects at the locations described in subsection for shoreline protection, Panama City Beaches, ter’’. (d). Florida. (b) CARR CREEK LAKE, KENTUCKY.— (b) SPECIFIC MEASURES.—Assistance provided (4) TYBEE ISLAND, GEORGIA.—Project for beach (1) DESIGNATION.—Carr Fork Lake in Knott under subsection (a) may be in support of non- erosion control, Tybee Island, Georgia. County, Kentucky, authorized by section 203 of Federal projects for the following purposes: (b) PERIODIC BEACH NOURISHMENT SUBJECT TO the Flood Control Act of 1962 (76 Stat. 1188), (1) Management and restoration of water REVIEW.— shall be known and designated as ‘‘Carr Creek quality. (1) REVIEW.—Not later than 6 months after Lake’’. (2) Control and remediation of toxic sedi- the date of the enactment of this Act, the Sec- (2) LEGAL REFERENCES.—Any reference in a ments. retary shall complete a review of potential peri- law, map, regulation, document, paper, or other (3) Restoration of degraded streams, rivers, odic beach nourishment for each of the projects record of the United States to the lake referred wetlands, and other waterbodies to their natu- described in paragraph (3) in accordance with to in paragraph (1) shall be deemed to be a ref- ral condition as a means to control flooding, ex- the procedures established under section 156 of erence to ‘‘Carr Creek Lake’’. cessive erosion, and sedimentation. the Water Resources Development Act of 1976 (c) JOHN T. MYERS LOCK AND DAM, INDIANA (4) Protection and restoration of watersheds, (42 U.S.C. 1962d–5f; 90 Stat. 2933). including urban watersheds. AND KENTUCKY.— (2) AUTHORIZATION.—If the Secretary deter- (1) DESIGNATION.—Uniontown Lock and Dam, (5) Demonstration of technologies for non- mines under paragraph (1) that periodic beach on the Ohio River, Indiana and Kentucky, shall structural measures to reduce destructive im- nourishment is necessary for a project, the Sec- be known and designated as the ‘‘John T. Myers pacts of flooding. retary shall carry out periodic beach nourish- (c) NON-FEDERAL SHARE.—The non-Federal Lock and Dam’’. ment for the project for a period of 50 years be- share of the cost of assistance provided under (2) LEGAL REFERENCES.—Any reference in a ginning on the date of initiation of construction subsection (a) shall be 50 percent. law, map, regulation, document, paper, or other of the project. (d) PROJECT LOCATIONS.—The Secretary may record of the United States to the lock and dam (3) PROJECTS.—The projects referred to in provide assistance under subsection (a) for referred to in paragraph (1) shall be deemed to paragraph (1) are as follows: projects at the following locations: be a reference to the ‘‘John T. Myers Lock and (A) LEE COUNTY, FLORIDA.—Project for shore- (1) Gila River and Tributaries, Santa Cruz Dam’’. line protection, Lee County, Captiva Island seg- River, Arizona. (d) J. EDWARD ROUSH LAKE, INDIANA.— ment, Florida. (2) Rio Salado, Salt River, Phoenix and (1) REDESIGNATION.—The lake on the Wabash (B) PALM BEACH COUNTY, FLORIDA.—Project River in Huntington and Wells Counties, Indi- Tempe, Arizona. (3) Colusa basin, California. for shoreline protection, Jupiter/Carlin, Ocean ana, authorized by section 203 of the Flood Con- Ridge, and Boca Raton North Beach segments, trol Act of 1958 (72 Stat. 312), and known as (4) Los Angeles River watershed, California. (5) Napa Valley watershed, California. Palm Beach County, Florida. Huntington Lake, shall be known and des- (C) RARITAN BAY AND SANDY HOOK BAY, NEW ignated as the ‘‘J. Edward Roush Lake’’. (6) Russian River watershed, California. (7) Sacramento River watershed, California. JERSEY.—Project for hurricane-flood protection, (2) LEGAL REFERENCES.—Any reference in a (8) San Pablo Bay watershed, California. Raritan Bay and Sandy Hook Bay, New Jersey. law, map, regulation, document, paper, or other (9) Santa Clara Valley watershed, California. (D) FIRE ISLAND INLET, NEW YORK.—Project record of the United States to the lake referred (10) Nancy Creek, Utoy Creek, and North for shoreline protection, Fire Island Inlet, New to in paragraph (1) shall be deemed to be a ref- Peachtree Creek and South Peachtree Creek York, between Gilgo State Park and Tobay erence to the ‘‘J. Edward Roush Lake’’. basin, Georgia. Beach to protect Ocean Parkway along the At- (e) RUSSELL B. LONG LOCK AND DAM, RED (11) Lower Platte River watershed, Nebraska. lantic Ocean shoreline in Suffolk County, New RIVER WATERWAY, LOUISIANA.— (12) Juniata River watershed, Pennsylvania, York. (1) DESIGNATION.—Lock and Dam 4 of the Red including Raystown Lake. SEC. 507. DESIGN AND CONSTRUCTION ASSIST- River Waterway, Louisiana, shall be known and (13) Upper Potomac River watershed, Grant ANCE. designated as the ‘‘Russell B. Long Lock and and Mineral Counties, West Virginia. The Secretary shall provide design and con- Dam’’. (e) AUTHORIZATION OF APPROPRIATIONS.— struction assistance to non-Federal interests for (2) LEGAL REFERENCES.—Any reference in a There is authorized to be appropriated to carry each of the following projects if the Secretary law, map, regulation, document, paper, or other out this section $15,000,000. determines that the project is feasible: record of the United States to the lock and dam (1) Repair and rehabilitation of the Lower Gi- referred to in paragraph (1) shall be deemed to SEC. 504. ENVIRONMENTAL INFRASTRUCTURE. rard Lake Dam, Girard, Ohio, at an estimated be a reference to the ‘‘Russell B. Long Lock and Section 219 of the Water Resources Develop- total cost of $2,500,000. Dam’’. ment Act of 1992 (106 Stat. 4836–4837) is amended (2) Construction of a multipurpose dam and (f) LOCKS AND DAMS ON TENNESSEE- by adding at the end the following: reservoir, Bear Valley Dam, Franklin County, TOMBIGBEE WATERWAY.— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR Pennsylvania, at an estimated total cost of (1) DESIGNATIONS.—The following locks, and CONSTRUCTION ASSISTANCE.—There are author- $15,000,000. locks and dams, on the Tennessee-Tombigbee ized to be appropriated for providing construc- (3) Repair and upgrade of the dam and appur- Waterway, located in the States of Alabama, tion assistance under this section— tenant features at Lake Merriweather, Little Kentucky, Mississippi, and Tennessee, are des- ‘‘(1) $10,000,000 for the project described in Calfpasture River, Virginia, at an estimated ignated as follows: subsection (c)(5); total cost of $6,000,000. (A) Gainesville Lock and Dam at Mile 266 des- ‘‘(2) $2,000,000 for the project described in sub- ignated as Howell Heflin Lock and Dam. section (c)(6); SEC. 508. LAKES PROGRAM. (B) Columbus Lock and Dam at Mile 335 des- ‘‘(3) $10,000,000 for the project described in Section 602(a) of the Water Resources Devel- ignated as John C. Stennis Lock and Dam. subsection (c)(7); opment Act of 1986 (100 Stat. 4148–4149) is (C) The lock and dam at Mile 358 designated ‘‘(4) $11,000,000 for the project described in amended— as Aberdeen Lock and Dam. subsection (c)(8); (1) by striking ‘‘and’’ at the end of paragraph (D) Lock A at Mile 371 designated as Amory ‘‘(5) $20,000,000 for the project described in (10); Lock. subsection (c)(16); and (2) by striking the period at the end of para- (E) Lock B at Mile 376 designated as Glover ‘‘(6) $20,000,000 for the project described in graph (11) and inserting a semicolon; and Wilkins Lock. subsection (c)(17).’’. (3) by adding at the end the following: (F) Lock C at Mile 391 designated as Fulton SEC. 505. CORPS CAPABILITY TO CONSERVE FISH ‘‘(12) Goodyear Lake, Otsego County, New Lock. AND WILDLIFE. York, removal of silt and aquatic growth; (G) Lock D at Mile 398 designated as John Section 704(b) of the Water Resources Devel- ‘‘(13) Otsego Lake, Otsego County, New York, Rankin Lock. opment Act of 1986 (33 U.S.C. 2263(b); 100 Stat. removal of silt and aquatic growth and meas- (H) Lock E at Mile 407 designated as G.V. 4157) is amended— ures to address high nutrient concentration; ‘‘Sonny’’ Montgomery Lock. (1) by striking ‘‘$5,000,000’’; and inserting ‘‘(14) Oneida Lake, Oneida County, New (I) Bay Springs Lock and Dam at Mile 412 ‘‘$7,000,000’’; and York, removal of silt and aquatic growth; designated as Jamie Whitten Lock and Dam. (2) in paragraph (4) by inserting ‘‘and Vir- ‘‘(15) Skaneateles and Owasco Lakes, New (2) LEGAL REFERENCES.—Any reference in a ginia’’ after ‘‘Maryland’’. York, removal of silt and aquatic growth and law, map, regulation, document, paper, or other SEC. 506. PERIODIC BEACH NOURISHMENT. prevention of sediment deposit; and record of the United States to a lock, or lock (a) IN GENERAL.—The Secretary shall carry ‘‘(16) Twin Lakes, Paris, Illinois, removal of and dam, referred to in paragraph (1) shall be out periodic beach nourishment for each of the silt and excess aquatic vegetation, including deemed to be a reference to the designation for following projects for a period of 50 years begin- measures to address excessive sedimentation, the lock, or lock and dam, provided in such ning on the date of initiation of construction of high nutrient concentration, and shoreline ero- paragraph. the project: sion.’’. H11186 CONGRESSIONAL RECORD — HOUSE September 25, 1996 SEC. 509. MAINTENANCE OF NAVIGATION CHAN- tion and development plan, including appro- (A) marine mammal predation on salmon; NELS. priate engineering plans and specifications and (B) studies of juvenile salmon survival in (a) IN GENERAL.—Upon request of the non- an estimate of expected resource benefits; and spawning and rearing areas; Federal interest, the Secretary shall be respon- (B) the establishment of such legal and insti- (C) estuary and near-ocean juvenile and adult sible for maintenance of the following naviga- tutional structures as are necessary to ensure salmon survival; tion channels constructed or improved by non- the effective long-term operation and mainte- (D) impacts on salmon life cycles from sources Federal interests if the Secretary determines nance of the project by the non-Federal interest. other than water resources projects; and that such maintenance is economically justified (d) COST SHARING.— (E) other innovative technologies and actions and environmentally acceptable and that the (1) FEDERAL SHARE.—Except as provided in intended to improve fish survival, including the channel was constructed in accordance with ap- paragraph (2)(B), the Federal share of the total survival of resident fish. plicable permits and appropriate engineering project costs of each local cooperation agree- (4) COORDINATION.—The Secretary shall co- and design standards: ment entered into under this section shall be 75 ordinate any activities carried out under this (1) Humboldt Harbor and Bay, Fields Landing percent. subsection with appropriate Federal, State, and Channel, California. (2) NON-FEDERAL SHARE.— local agencies, affected Indian tribes, and the (2) Mare Island Strait, California. For pur- (A) VALUE OF LANDS, EASEMENTS, RIGHTS-OF- Northwest Power Planning Council. WAY, AND RELOCATIONS.—In determining the poses of this section, the navigation channel (5) REPORT.—Not later than 3 years after the shall be deemed to have been constructed or im- non-Federal contribution toward carrying out a date of the enactment of this Act, the Secretary proved by non-Federal interests. local cooperation agreement entered into under shall transmit to Congress a report on the re- (3) East Fork, Calcasieu Pass, Louisiana. this section, the Secretary shall provide credit to search and development activities carried out (4) Mississippi River Ship Channel, Chalmette a non-Federal interest for the value of lands, under this subsection, including any rec- Slip, Louisiana. easements, rights-of-way, and relocations pro- ommendations of the Secretary concerning the (5) Greenville Inner Harbor Channel, Mis- vided by the non-Federal interest, except that research and development activities. the amount of credit provided for a project sissippi. (6) AUTHORIZATION OF APPROPRIATIONS.— (6) New Madrid Harbor, Missouri. For pur- under this paragraph may not exceed 25 percent There is authorized to be appropriated poses of this section, the navigation channel of the total project costs. $10,000,000 to carry out research and develop- (B) OPERATION AND MAINTENANCE COSTS.—The shall be deemed to have been constructed or im- ment activities under paragraph (3). proved by non-Federal interests. non-Federal share of the costs of operation and (b) ADVANCED TURBINE DEVELOPMENT.— (7) Providence Harbor Shipping Channel, maintenance of activities carried out under an (1) IN GENERAL.—In conjunction with the Sec- agreement under this section shall be 100 per- Rhode Island, from the vicinity of the Fox Point retary of Energy, the Secretary shall accelerate cent. hurricane barrier to the vicinity of the Francis efforts toward developing innovative, efficient, (e) COOPERATION.—In carrying out this sec- Street bridge in Providence, Rhode Island. For and environmentally safe hydropower turbines, tion, the Secretary shall cooperate with the purposes of this section, the navigation channel including design of ‘‘fish-friendly’’ turbines, for heads of appropriate Federal agencies, includ- shall be deemed to have been constructed or im- use on the Columbia River hydrosystem. proved by non-Federal interests. ing— (2) AUTHORIZATION OF APPROPRIATIONS.— (8) Matagorda Ship Channel, Point Comfort (1) the Administrator of the Environmental Protection Agency; There is authorized to be appropriated Turning Basin, Texas. $12,000,000 to carry out this subsection. (9) Corpus Christi Ship Channel, Rincon (2) the Secretary of Commerce, acting through (c) IMPLEMENTATION.—Nothing in this section Canal System, Texas. the Administrator of the National Oceanic and affects the authority of the Secretary to imple- (10) Brazos Island Harbor, Texas, connecting Atmospheric Administration; ment the results of the research and develop- channel to Mexico. (3) the Secretary of the Interior, acting ment carried out under this section or any other (11) Blair Waterway, Tacoma Harbor, Wash- through the Director of the United States Fish law. ington. and Wildlife Service; and (b) COMPLETION OF ASSESSMENT.—Not later (4) the heads of such other Federal agencies SEC. 512. COLUMBIA RIVER TREATY FISHING AC- than 6 months after receipt of a request from a and agencies of a State or political subdivision CESS. non-Federal interest for Federal assumption of of a State as the Secretary determines to be ap- Section 401(a) of the Act entitled ‘‘An Act to maintenance of a channel listed in subsection propriate. establish procedures for review of tribal con- (a), the Secretary shall make a determination as (f) PROJECT.—The Secretary shall establish at stitutions and bylaws or amendments thereto provided in subsection (a) and advise the non- least 1 project under this section in each of the pursuant to the Act of June 18, 1934 (48 Stat. Federal interest of the Secretary’s determina- States of Maryland, Virginia, and Pennsylva- 987)’’, approved November 1, 1988 (102 Stat. tion. nia. 2944), is amended— (g) PROTECTION OF RESOURCES.—A project es- (1) by striking ‘‘(a) All Federal’’ and all that SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL tablished under this section shall be carried out RESTORATION AND PROTECTION follows through ‘‘Columbia River Gorge Commis- PROGRAM. using such measures as are necessary to protect sion’’ and inserting the following: (a) ESTABLISHMENT.— environmental, historic, and cultural resources. ‘‘(a) EXISTING FEDERAL LANDS.— (h) REPORT.—Not later than December 31, (1) IN GENERAL.—The Secretary shall establish ‘‘(1) IN GENERAL.—All Federal lands that are a pilot program to provide environmental assist- 1998, the Secretary shall transmit to Congress a included within the 20 recommended treaty fish- ance to non-Federal interests in the Chesapeake report on the results of the program carried out ing access sites set forth in the publication of Bay watershed. under this section, together with a recommenda- the Corps of Engineers entitled ‘Columbia River tion concerning whether or not the program (2) FORM.—The assistance shall be in the form Treaty Fishing Access Sites Post Authorization of design and construction assistance for water- should be implemented on a national basis. Change Report’, dated April 1995,’’; and UTHORIZATION OF APPROPRIATIONS.— related environmental infrastructure and re- (i) A (2) by adding at the end the following: There is authorized to be appropriated to carry source protection and development projects af- ‘‘(2) BOUNDARY ADJUSTMENTS.—The Secretary out this section $10,000,000. fecting the Chesapeake Bay estuary, including of the Army, in consultation with affected projects for sediment and erosion control, pro- SEC. 511. RESEARCH AND DEVELOPMENT PRO- tribes, may make such minor boundary adjust- tection of eroding shorelines, protection of es- GRAM TO IMPROVE SALMON SUR- ments to the lands referred to in paragraph (1) VIVAL. sential public works, wastewater treatment and as the Secretary determines are necessary to (a) SALMON SURVIVAL ACTIVITIES.— related facilities, water supply and related fa- carry out this title.’’. (1) IN GENERAL.—The Secretary shall acceler- cilities, and beneficial uses of dredged material, ate ongoing research and development activities, SEC. 513. GREAT LAKES CONFINED DISPOSAL FA- CILITIES. and other related projects that may enhance the and may carry out or participate in additional (a) ASSESSMENT.—Pursuant to the responsibil- living resources of the estuary. research and development activities, for the pur- ities of the Secretary under section 123 of the (b) PUBLIC OWNERSHIP REQUIREMENT.—The pose of developing innovative methods and tech- River and Harbor Act of 1970 (33 U.S.C. 1293a), Secretary may provide assistance for a project nologies for improving the survival of salmon, the Secretary shall conduct an assessment of the under this section only if the project is publicly especially salmon in the Columbia River Basin. general conditions of confined disposal facilities owned, and will be publicly operated and main- (2) ACCELERATED ACTIVITIES.—Accelerated re- tained. search and development activities referred to in in the Great Lakes. EPORT.—Not later than 3 years after the (c) LOCAL COOPERATION AGREEMENT.— paragraph (1) may include research and devel- (b) R date of the enactment of this Act, the Secretary (1) IN GENERAL.—Before providing assistance opment related to— under this section, the Secretary shall enter into (A) impacts from water resources projects and shall transmit to Congress a report on the re- a local cooperation agreement with a non-Fed- other impacts on salmon life cycles; sults of the assessment conducted under sub- eral interest to provide for design and construc- (B) juvenile and adult salmon passage; section (a), including the following: tion of the project to be carried out with the as- (C) light and sound guidance systems; (1) A description of the cumulative effects of sistance. (D) surface-oriented collector systems; confined disposal facilities in the Great Lakes. (2) REQUIREMENTS.—Each local cooperation (E) transportation mechanisms; and (2) Recommendations for specific remediation agreement entered into under this subsection (F) dissolved gas monitoring and abatement. actions for each confined disposal facility in the shall provide for— (3) ADDITIONAL ACTIVITIES.—Additional re- Great Lakes. (A) the development by the Secretary, in con- search and development activities referred to in (3) An evaluation of, and recommendations sultation with appropriate Federal, State, and paragraph (1) may include research and devel- for, confined disposal facility management prac- local officials, of a facilities or resource protec- opment related to— tices and technologies to conserve capacity at September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11187 such facilities and to minimize adverse environ- (3) incorporate relevant ongoing planning ef- infrastructure at water resources projects of the mental effects at such facilities throughout the forts, including remedial action planning, Corps of Engineers. Great Lakes system. dredged material management planning, harbor (b) INFRASTRUCTURE IMPROVEMENTS.— SEC. 514. GREAT LAKES DREDGED MATERIAL and waterfront development planning, and wa- (1) RECREATION INFRASTRUCTURE IMPROVE- TESTING AND EVALUATION MANUAL. tershed management planning. MENTS.—In determining the feasibility of the The Secretary, in cooperation with the Ad- (c) CONSULTATION.—In developing strategies public-private cooperative under subsection (a), ministrator of the Environmental Protection under subsection (a), the Secretary shall consult the Secretary shall provide such infrastructure Agency, shall provide technical assistance to with interested Federal agencies, States, and In- improvements as are necessary to support a po- non-Federal interests on testing procedures con- dian tribes and provide an opportunity for pub- tential private recreational development at the tained in the Great Lakes Dredged Material lic comment. Raystown Lake Project, Pennsylvania, gen- Testing and Evaluation Manual developed pur- (d) DREDGED MATERIAL DISPOSAL.— erally in accordance with the Master Plan Up- suant to section 230.2(c) of title 40, Code of Fed- (1) STUDY.—The Secretary shall conduct a date (1994) for the project. eral Regulations. study to determine the feasibility of constructing (2) AGREEMENT.—The Secretary shall enter SEC. 515. GREAT LAKES REMEDIAL ACTION PLANS and operating an underwater confined dredged into an agreement with an appropriate non- AND SEDIMENT REMEDIATION. material disposal site in the Port of New York- Federal public entity to ensure that the infra- Section 401 of the Water Resources Develop- New Jersey that could accommodate as much as structure improvements constructed by the Sec- ment Act of 1990 (33 U.S.C. 1268 note; 104 Stat. 250,000 cubic yards of dredged material for the retary on non-project lands pursuant to para- 4644) is amended to read as follows: purpose of demonstrating the feasibility of an graph (1) are transferred to and operated and ‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION underwater confined disposal pit as an environ- maintained by the non-Federal public entity. PLANS AND SEDIMENT REMEDI- mentally suitable method of containing certain (3) AUTHORIZATION OF APPROPRIATIONS.— ATION. sediments. There is authorized to be appropriated to carry ‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.— (2) REPORT.—The Secretary shall transmit to out this subsection $3,000,000. ‘‘(1) IN GENERAL.—The Secretary may provide Congress a report on the results of the study (c) REPORT.—Not later than December 31, technical, planning, and engineering assistance conducted under paragraph (1), together with 1998, the Secretary shall transmit to Congress a to State and local governments and nongovern- any recommendations of the Secretary that may report on the results of the cooperative efforts mental entities designated by a State or local be developed in a strategy under subsection (a). carried out under this section, including the im- government in the development and implementa- (e) GREAT LAKES TRIBUTARY MODEL.— provements required by subsection (b). tion of remedial action plans for Areas of Con- (1) IN GENERAL.—In consultation and coordi- SEC. 520. FIELD OFFICE HEADQUARTERS FACILI- cern in the Great Lakes identified under the nation with the Great Lakes States, the Sec- TIES. Great Lakes Water Quality Agreement of 1978. retary shall develop a tributary sediment trans- Subject to amounts being made available in ‘‘(2) NON-FEDERAL SHARE.—Non-Federal inter- port model for each major river system or set of advance in appropriations Acts, the Secretary ests shall contribute, in cash or by providing in- major river systems depositing sediment into a may use Plant Replacement and Improvement kind contributions, 50 percent of costs of activi- Great Lakes federally authorized commercial Program funds to design and construct a new ties for which assistance is provided under para- harbor, channel maintenance project site, or headquarters facility for— (1) the New England Division, Waltham, Mas- graph (1). Area of Concern identified under the Great sachusetts; and ‘‘(b) SEDIMENT REMEDIATION PROJECTS.— Lakes Water Quality Agreement of 1978. Such (2) the Jacksonville District, Jacksonville, ‘‘(1) IN GENERAL.—The Secretary, in consulta- model may be developed as a part of a strategy Florida. tion with the Administrator of the Environ- developed under subsection (a). SEC. 521. EARTHQUAKE PREPAREDNESS CENTER mental Protection Agency (acting through the (2) REQUIREMENTS FOR MODELS.—In develop- OF EXPERTISE EXPANSION. Great Lakes National Program Office), may con- ing a tributary sediment transport model under Using existing resources, the Secretary shall duct pilot- and full-scale projects of promising this subsection, the Secretary shall build on expand the Earthquake Preparedness Center of technologies to remediate contaminated sedi- data and monitoring information generated in Expertise to address issues in the central United ments in freshwater coastal regions in the Great earlier studies and programs of the Great Lakes States by providing the necessary capability at Lakes basin. The Secretary shall conduct not and their tributaries. an existing district office of the Corps of Engi- fewer than 3 full-scale projects under this sub- (f) GREAT LAKES STATES DEFINED.—In this neers near the New Madrid fault. section. section, the term ‘‘Great Lakes States’’ means ‘‘(2) SITE SELECTION FOR PROJECTS.—In select- the States of Illinois, Indiana, Michigan, Min- SEC. 522. JACKSON COUNTY, ALABAMA. ing the sites for the technology projects, the Sec- nesota, New York, Ohio, Pennsylvania, and (a) IN GENERAL.—The Secretary may provide retary shall give priority consideration to Sagi- Wisconsin. technical, planning, and design assistance to non-Federal interests for wastewater treatment naw Bay, Michigan, Sheboygan Harbor, Wis- (g) AUTHORIZATION OF APPROPRIATIONS.— consin, Grand Calumet River, Indiana, Ash- There is authorized to be appropriated to the and related facilities, remediation of point and tabula River, Ohio, Buffalo River, New York, Secretary to carry out this section $5,000,000 for nonpoint sources of pollution and contaminated and Duluth-Superior Harbor, Minnesota and each of fiscal years 1998 through 2001. riverbed sediments, and related activities in Wisconsin. Jackson County, Alabama, including the city of SEC. 517. EXTENSION OF JURISDICTION OF MIS- ‘‘(3) DEADLINE FOR IDENTIFICATIONS.—The Stevenson. SISSIPPI RIVER COMMISSION. Secretary shall— (b) COST SHARING.—The Federal cost of assist- The jurisdiction of the Mississippi River Com- ‘‘(A) not later than 18 months after the date ance provided under this section may not exceed mission, established by the 1st section of the Act of the enactment of this paragraph, identify the $3,000,000. The non-Federal share of assistance of June 28, 1879 (33 U.S.C. 641; 21 Stat. 37), is ex- sites and technologies for projects under this provided under this section shall be 25 percent. tended to include— subsection; and SEC. 523. BENTON AND WASHINGTON COUNTIES, (1) all of the area between the eastern side of ‘‘(B) not later than 3 years after that date, ARKANSAS. complete each such full-scale project. the Bayou Lafourche Ridge from Section 220 of the Water Resources Develop- ‘‘(4) NON-FEDERAL SHARE.—Non-Federal inter- Donaldsonville, Louisiana, to the Gulf of Mex- ment Act of 1992 (106 Stat. 4836–4837) is amended ests shall contribute 50 percent of costs of ico and the west guide levee of the Mississippi by adding at the end the following: projects under this subsection. Such costs may River from Donaldsonville, Louisiana, to the ‘‘(c) USE OF FEDERAL FUNDS.—The Secretary be paid in cash or by providing in-kind con- Gulf of Mexico; may make available to the non-Federal interests tributions. (2) Alexander County, Illinois; and funds not to exceed an amount equal to the Fed- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (3) the area in the State of Illinois from the eral share of the total project cost to be used by There is authorized to be appropriated to the confluence of the Mississippi and Ohio Rivers the non-Federal interests to undertake the work Secretary to carry out this section $5,000,000 for northward to the vicinity of Mississippi River directly or by contract.’’. mile 39.5, including the Len Small Drainage and each of fiscal years 1998 through 2000.’’. SEC. 524. HEBER SPRINGS, ARKANSAS. Levee District, insofar as such area is affected SEC. 516. SEDIMENT MANAGEMENT. (a) IN GENERAL.—The Secretary shall enter by the flood waters of the Mississippi River. (a) IN GENERAL.—The Secretary may enter into an agreement with the city of Heber into cooperation agreements with non-Federal SEC. 518. SENSE OF CONGRESS REGARDING ST. Springs, Arkansas, to provide 3,522 acre-feet of interests with respect to navigation projects, or LAWRENCE SEAWAY TOLLS. water supply storage in Greers Ferry Lake, Ar- other appropriate non-Federal entities, for the It is the sense of Congress that the President kansas, for municipal and industrial purposes, development of long-term management strategies should engage in negotiations with the Govern- at no cost to the city. for controlling sediments at such projects. ment of Canada for the purposes of— (b) NECESSARY FACILITIES.—The city of Heber (b) CONTENTS OF STRATEGIES.—Each strategy (1) eliminating tolls along the St. Lawrence Springs shall be responsible for 100 percent of developed under subsection (a) shall— Seaway system; and the costs of construction, operation, and mainte- (1) include assessments of sediment rates and (2) identifying ways to maximize the move- nance of any intake, transmission, treatment, or composition, sediment reduction options, dredg- ment of goods and commerce through the St. distribution facility necessary for utilization of ing practices, long-term management of any Lawrence Seaway. the water supply. dredged material disposal facilities, remediation SEC. 519. RECREATION PARTNERSHIP INITIATIVE. (c) ADDITIONAL WATER SUPPLY STORAGE.— of such facilities, and alternative disposal and (a) IN GENERAL.—The Secretary shall promote Any additional water supply storage required reuse options; Federal, non-Federal, and private sector co- after the date of the enactment of this Act shall (2) include a timetable for implementation of operation in creating public recreation opportu- be contracted for and reimbursed by the city of the strategy; and nities and developing the necessary supporting Heber Springs, Arkansas. H11188 CONGRESSIONAL RECORD — HOUSE September 25, 1996 SEC. 525. MORGAN POINT, ARKANSAS. Everglades. The comprehensive plan shall in- (i) shall take into account the protection of The Secretary shall accept as in-kind con- clude such features as are necessary to provide water quality by considering applicable State tributions for the project for creation of fish and for the water-related needs of the region, in- water quality standards; and wildlife habitat at Morgan Point, Arkansas— cluding flood control, the enhancement of water (ii) may include in projects such features as (1) the items described as fish and wildlife fa- supplies, and other objectives served by the are necessary to provide water to restore, pre- cilities and land in the Morgan Point Bendway Central and Southern Florida Project. serve, and protect the South Florida ecosystem. Closure Structure modification report for the (ii) CONSIDERATIONS.—The comprehensive (B) COMPLIANCE WITH APPLICABLE LAW.—In project, dated February 1994; and plan shall— carrying out the activities described in this sub- (2) fish stocking activities carried out by the (I) be developed by the Secretary in coopera- section and subsection (c), the Secretary shall non-Federal interests for the project; tion with the non-Federal project sponsor and comply with any applicable Federal law, includ- if the Secretary determines that the items and in consultation with the Task Force; and ing the National Environmental Policy Act of activities are compatible with the project. (II) consider the conceptual framework speci- 1969 (42 U.S.C. 4321 et seq.) and the Endangered fied in the report entitled ‘‘Conceptual Plan for SEC. 526. CALAVERAS COUNTY, CALIFORNIA. Species Act of 1973 (16 U.S.C. 1531 et seq.). the Central and Southern Florida Project Re- (C) PUBLIC PARTICIPATION.—In developing the (a) TECHNICAL ASSISTANCE.—The Secretary study’’, published by the Commission and ap- comprehensive plan under paragraph (1) and may provide technical assistance to non-Federal proved by the Governor. interests, in cooperation with Federal and State carrying out the activities described in this sub- (B) SUBMISSION.—Not later than July 1, 1999, section and subsection (c), the Secretary shall agencies, for reclamation and water quality pro- the Secretary shall— tection projects for the purpose of abating and provide for public review and comment on the (i) complete the feasibility phase of the activities in accordance with applicable Federal mitigating surface water quality degradation Central and Southern Florida Project com- caused by abandoned mines in the watershed of law. prehensive review study as authorized by sec- (c) INTEGRATION OF OTHER ACTIVITIES.— the lower Mokelume River in Calaveras County, tion 309(l) of the Water Resources Development (1) IN GENERAL.—In carrying out activities de- California. Act of 1992 (106 Stat. 4844), and by 2 resolutions scribed in subsection (b), the Secretary shall in- (b) CONSULTATION WITH FEDERAL ENTITIES.— of the Committee on Public Works and Trans- tegrate such activities with ongoing Federal and Any project under subsection (a) that is located portation of the House of Representatives, dated State projects and activities, including— on lands owned by the United States shall be September 24, 1992; and (A) the project for the ecosystem restoration of undertaken in consultation with the Federal en- (ii) submit to Congress the plan developed the Kissimmee River, Florida, authorized by sec- tity with administrative jurisdiction over such under subparagraph (A)(i) consisting of a fea- tion 101 of the Water Resources Development lands. sibility report and a programmatic environ- Act of 1992 (106 Stat. 4802); (c) FEDERAL SHARE.—The Federal share of the mental impact statement covering the proposed (B) the project for modifications to improve cost of the activities conducted under subsection Federal action set forth in the plan. water deliveries into Everglades National Park (a) shall be 50 percent; except that, with respect (C) ADDITIONAL STUDIES AND ANALYSES.—Not- authorized by section 104 of the Everglades Na- to projects located on lands owned by the Unit- withstanding the completion of the feasibility tional Park Protection and Expansion Act of ed States, the Federal share shall be 100 percent. report under subparagraph (B), the Secretary 1989 (16 U.S.C. 410r–8); (d) EFFECT ON AUTHORITY OF SECRETARY OF shall continue to conduct such studies and (C) activities under the Florida Keys National THE INTERIOR.—Nothing in this section is in- analyses as are necessary, consistent with sub- Marine Sanctuary and Protection Act (16 U.S.C. tended to affect the authority of the Secretary paragraph (A)(i). 1433 note; 104 Stat. 3089); and of the Interior under title IV of the Surface (2) USE OF EXISTING AUTHORITY FOR (D) the Everglades Construction Project of the Mining Control and Reclamation Act of 1977 (30 UNCONSTRUCTED PROJECT FEATURES.—The Sec- State of Florida. U.S.C. 1231 et seq.). retary shall design and construct any features (2) STATUTORY CONSTRUCTION.— (e) AUTHORIZATION OF APPROPRIATIONS.— of the Central and Southern Florida Project (A) EXISTING AUTHORITY.—Except as other- There is authorized to be appropriated to carry that are authorized on the date of the enact- wise expressly provided in this section, nothing out this section $1,500,000. ment of this Act or that may be implemented in in this section affects any authority in effect on accordance with the Secretary’s authority to SEC. 527. FAULKNER ISLAND, CONNECTICUT. the date of the enactment of this Act, or any re- modify an authorized project, including features In consultation with the Director of the Unit- quirement of the authority, relating to partici- authorized under sections 315 and 316, with ed States Fish and Wildlife Service, the Sec- pation in restoration activities in the South funds that are otherwise available, if the Sec- retary shall design and construct shoreline pro- Florida ecosystem, including the projects and retary determines that the design and construc- tection measures for the coastline adjacent to activities specified in paragraph (1), by— the Faulkner Island Lighthouse, Connecticut, tion— (i) the Department of the Interior; (A) will accelerate the restoration, preserva- at a total cost of $4,500,000. (ii) the Department of Commerce; tion, and protection of the South Florida eco- SEC. 528. EVERGLADES AND SOUTH FLORIDA (iii) the Department of the Army; system; ECOSYSTEM RESTORATION. (iv) the Environmental Protection Agency; (B) will be generally consistent with the con- (a) DEFINITIONS.—In this section, the follow- (v) the Department of Agriculture; ceptual framework described in paragraph ing definitions apply: (vi) the State of Florida; and (1)(A)(ii)(II); and (1) CENTRAL AND SOUTHERN FLORIDA (vii) the South Florida Water Management (C) will be compatible with the overall author- PROJECT.—The term ‘‘Central and Southern District. ized purposes of the Central and Southern Flor- Florida Project’’ means the project for Central (B) NEW AUTHORITY.—Nothing in this section ida Project. and Southern Florida authorized under the confers any new regulatory authority on any (3) CRITICAL RESTORATION PROJECTS.— heading ‘‘CENTRAL AND SOUTHERN FLORIDA’’ in (A) IN GENERAL.—In addition to the activities Federal or non-Federal entity that carries out section 203 of the Flood Control Act of 1948 (62 described in paragraphs (1) and (2), if the Sec- any activity authorized by this section. Stat. 1176), and any modification to the project retary, in cooperation with the non-Federal (d) JUSTIFICATION.— authorized by law. project sponsor and the Task Force, determines (1) IN GENERAL.—Notwithstanding section 209 (2) COMMISSION.—The term ‘‘Commission’’ that a restoration project for the South Florida of the Flood Control Act of 1970 (42 U.S.C. 1962– means the Governor’s Commission for a Sustain- ecosystem will produce independent, immediate, 2) or any other provision of law, in carrying out able South Florida, established by Executive and substantial restoration, preservation, and the activities to restore, preserve, and protect Order of the Governor dated March 3, 1994. protection benefits, and will be generally con- the South Florida ecosystem described in sub- (3) GOVERNOR.—The term ‘‘Governor’’ means sistent with the conceptual framework described section (b), the Secretary may determine that the Governor of the State of Florida. in paragraph (1)(A)(ii)(II), the Secretary shall the activities— (4) SOUTH FLORIDA ECOSYSTEM.—The term proceed expeditiously with the implementation (A) are justified by the environmental benefits ‘‘South Florida ecosystem’’ means the area con- of the restoration project. derived by the South Florida ecosystem in gen- sisting of the lands and waters within the (B) INITIATION OF PROJECTS.—After September eral and the Everglades and Florida Bay in par- boundary of the South Florida Water Manage- 30, 1999, no new projects may be initiated under ticular; and ment District, including the Everglades, the subparagraph (A). (B) shall not need further economic justifica- Florida Keys, and the contiguous near-shore (C) AUTHORIZATION OF APPROPRIATIONS.— tion if the Secretary determines that the activi- coastal waters of South Florida. (i) IN GENERAL.—There is authorized to be ap- ties are cost-effective. (5) TASK FORCE.—The term ‘‘Task Force’’ propriated to the Department of the Army to (2) APPLICABILITY.—Paragraph (1) shall not means the South Florida Ecosystem Restoration pay the Federal share of the cost of carrying out apply to any separable element intended to Task Force established by subsection (f). projects under subparagraph (A) $75,000,000 for produce benefits that are predominantly unre- (b) RESTORATION ACTIVITIES.— the period consisting of fiscal years 1997 lated to the restoration, preservation, and pro- (1) COMPREHENSIVE PLAN.— through 1999. tection of the South Florida ecosystem. (A) DEVELOPMENT.— (ii) FEDERAL SHARE.—The Federal share of the (e) COST SHARING.— (i) PURPOSE.—The Secretary shall develop, as cost of carrying out any 1 project under sub- (1) IN GENERAL.—Except as provided in sec- expeditiously as practicable, a proposed com- paragraph (A) shall be not more than tions 315 and 316 and paragraph (2), the non- prehensive plan for the purpose of restoring, $25,000,000. Federal share of the cost of activities described preserving, and protecting the South Florida (4) GENERAL PROVISIONS.— in subsection (b) shall be 50 percent. ecosystem. The comprehensive plan shall pro- (A) WATER QUALITY.—In carrying out activi- (2) WATER QUALITY FEATURES.— vide for the protection of water quality in, and ties described in this subsection and sections 315 (A) IN GENERAL.—Except as provided in sub- the reduction of the loss of fresh water from, the and 316, the Secretary— paragraph (B), the non-Federal share of the September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11189 cost of project features to improve water quality (F) shall facilitate the resolution of inter- (1) sediment flow into Deep River, Turkey described in subsection (b) shall be 100 percent. agency and intergovernmental conflicts associ- Creek, and other tributaries; (B) EXCEPTION.— ated with the restoration of the South Florida (2) control of sediment quality in Lake George; (i) IN GENERAL.—Subject to clause (ii), if the ecosystem among agencies and entities rep- (3) flooding problems; Secretary determines that a project feature to resented on the Task Force; (4) the safety of the Lake George Dam; and improve water quality is essential to Everglades (G) shall coordinate scientific and other re- (5) watershed management. restoration, the non-Federal share of the cost of search associated with the restoration of the SEC. 531. SOUTHERN AND EASTERN KENTUCKY. the feature shall be 50 percent. South Florida ecosystem; (a) ESTABLISHMENT OF PROGRAM.—The Sec- (ii) APPLICABILITY.—Clause (i) shall not apply (H) shall provide assistance and support to retary may establish a program for providing to any feature of the Everglades Construction agencies and entities represented on the Task environmental assistance to non-Federal inter- Project of the State of Florida. Force in their restoration activities; ests in southern and eastern Kentucky. (3) OPERATION AND MAINTENANCE.—The oper- (I) shall prepare an integrated financial plan (b) FORM OF ASSISTANCE.—Assistance under ation and maintenance of projects carried out and recommendations for coordinated budget re- this section may be in the form of design and under this section shall be a non-Federal re- quests for the funds proposed to be expended by construction assistance for water-related envi- sponsibility. agencies and entities represented on the Task ronmental infrastructure and resource protec- (4) CREDIT.—Regardless of the date of acquisi- Force for the restoration, preservation, and pro- tion and development projects in southern and tion, the value of lands or interests in land ac- tection of the South Florida ecosystem; and quired by non-Federal interests for any activity eastern Kentucky, including projects for (J) shall submit a biennial report to Congress wastewater treatment and related facilities, described in subsection (b) shall be included in that summarizes— the total cost of the activity and credited water supply and related facilities, and surface (i) the activities of the Task Force; water resource protection and development. against the non-Federal share of the cost of the (ii) the policies, strategies, plans, programs, activity. Such value shall be determined by the (c) PUBLIC OWNERSHIP REQUIREMENT.—The projects, activities, and priorities planned, de- Secretary may provide assistance for a project Secretary. veloped, or implemented for the restoration of (f) SOUTH FLORIDA ECOSYSTEM RESTORATION under this section only if the project is publicly the South Florida ecosystem; and owned. TASK FORCE.— (iii) progress made toward the restoration. (1) ESTABLISHMENT AND MEMBERSHIP.—There (d) PROJECT COOPERATION AGREEMENTS.— (3) PROCEDURES AND ADVICE.— is established the South Florida Ecosystem Res- (1) IN GENERAL.—Before providing assistance (A) PUBLIC PARTICIPATION.— toration Task Force, which shall consist of the under this section, the Secretary shall enter into (i) IN GENERAL.—The Task Force shall imple- following members (or, in the case of a Federal a project cooperation agreement with a non- ment procedures to facilitate public participa- Federal interest to provide for design and con- agency, a designee at the level of assistant sec- tion in the advisory process, including providing retary or an equivalent level): struction of the project to be carried out with advance notice of meetings, providing adequate such assistance. (A) The Secretary of the Interior, who shall opportunity for public input and comment, (2) REQUIREMENTS.—Each agreement entered serve as chairperson. maintaining appropriate records, and making a (B) The Secretary of Commerce. into under this subsection shall provide for the (C) The Secretary. record of the proceedings of meetings available following: for public inspection. (D) The Attorney General. (A) PLAN.—Development by the Secretary, in (E) The Administrator of the Environmental (ii) OVERSIGHT.—The Secretary of the Interior consultation with appropriate Federal and State Protection Agency. shall ensure that the procedures described in officials, of a facilities development plan or re- (F) The Secretary of Agriculture. clause (i) are adopted and implemented and that source protection plan, including appropriate (G) The Secretary of Transportation. the records described in clause (i) are accurately plans and specifications. maintained and available for public inspection. (H) 1 representative of the Miccosukee Tribe (B) LEGAL AND INSTITUTIONAL STRUCTURES.— of Indians of Florida, to be appointed by the (B) ADVISORS TO THE TASK FORCE AND WORK- Establishment of such legal and institutional Secretary of the Interior based on the rec- ING GROUP.—The Task Force or the working structures as are necessary to ensure the effec- ommendations of the tribal chairman. group described in paragraph (2)(D) may seek tive long-term operation of the project by the (I) 1 representative of the Seminole Tribe of advice and input from any interested, knowl- non-Federal interest. edgeable, or affected party as the Task Force or Florida, to be appointed by the Secretary of the (3) COST SHARING.— working group, respectively, determines nec- Interior based on the recommendations of the (A) IN GENERAL.—Total project costs under tribal chairman. essary to perform the duties described in para- each agreement entered into under this sub- (J) 2 representatives of the State of Florida, to graph (2). section shall be shared at 75 percent Federal be appointed by the Secretary of the Interior (C) APPLICATION OF THE FEDERAL ADVISORY and 25 percent non-Federal. The Federal share based on the recommendations of the Governor. COMMITTEE ACT.— may be in the form of grants or reimbursements (K) 1 representative of the South Florida (i) TASK FORCE AND WORKING GROUP.—The of project costs. Water Management District, to be appointed by Task Force and the working group shall not be (B) CREDIT FOR DESIGN WORK.—The non-Fed- the Secretary of the Interior based on the rec- considered advisory committees under the Fed- eral interest shall receive credit for the reason- ommendations of the Governor. eral Advisory Committee Act (5 U.S.C. App.). able costs of design work completed by such in- (L) 2 representatives of local government in (ii) ADVISORS.—Seeking advice and input terest before entering into the agreement with the State of Florida, to be appointed by the Sec- under subparagraph (B) shall not be subject to the Secretary. retary of the Interior based on the recommenda- the Federal Advisory Committee Act (5 U.S.C. (C) CREDIT FOR CERTAIN FINANCING COSTS.—In tions of the Governor. App.). the event of a delay in the reimbursement of the (2) DUTIES OF TASK FORCE.—The Task Force— (4) COMPENSATION.—A member of the Task non-Federal share of a project, the non-Federal (A) shall consult with, and provide rec- Force shall receive no compensation for the ommendations to, the Secretary during develop- interest shall receive credit for reasonable inter- service of the member on the Task Force. est and other associated financing costs nec- ment of the comprehensive plan under sub- (5) TRAVEL EXPENSES.—Travel expenses in- section (b)(1); essary for such non-Federal interest to provide curred by a member of the Task Force in the the non-Federal share of the project’s cost. (B) shall coordinate the development of con- performance of services for the Task Force shall sistent policies, strategies, plans, programs, (D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.— be paid by the agency, tribe, or government that The non-Federal interest shall receive credit for projects, activities, and priorities for addressing the member represents. the restoration, preservation, and protection of lands, easements, rights-of-way, and relocations SEC. 529. TAMPA, FLORIDA. the South Florida ecosystem; provided by the non-Federal interest toward its (C) shall exchange information regarding pro- The Secretary may enter into a cooperative share of project costs (including costs associated grams, projects, and activities of the agencies agreement under section 229 with the Museum of with obtaining permits necessary for the place- and entities represented on the Task Force to Science and Industry, Tampa, Florida, to pro- ment of such project on publicly owned or con- promote ecosystem restoration and maintenance; vide technical, planning, and design assistance trolled lands), but not to exceed 25 percent of (D) shall establish a Florida-based working to demonstrate the water quality functions total project costs. group which shall include representatives of the found in wetlands, at an estimated total Federal (E) OPERATION AND MAINTENANCE.—The non- agencies and entities represented on the Task cost of $500,000. Federal share of operation and maintenance Force as well as other governmental entities as SEC. 530. WATERSHED MANAGEMENT PLAN FOR costs for projects constructed under an agree- appropriate for the purpose of formulating, rec- DEEP RIVER BASIN, INDIANA. ment entered into under this subsection shall be ommending, coordinating, and implementing the (a) DEVELOPMENT.—The Secretary, in con- 100 percent. policies, strategies, plans, programs, projects, sultation with the Natural Resources Conserva- (e) APPLICABILITY OF OTHER FEDERAL AND activities, and priorities of the Task Force; tion Service of the Department of Agriculture, STATE LAWS.—Nothing in this section shall be (E) may, and the working group described in shall develop a watershed management plan for construed as waiving, limiting, or otherwise af- subparagraph (D), may— the Deep River Basin, Indiana, including Deep fecting the applicability of any provision of Fed- (i) establish such advisory bodies as are nec- River, Lake George, Turkey Creek, and other re- eral or State law that would otherwise apply to essary to assist the Task Force in its duties, in- lated tributaries in Indiana. a project to be carried out with assistance pro- cluding public policy and scientific issues; and (b) CONTENTS.—The plan to be developed by vided under this section. (ii) select as an advisory body any entity, the Secretary under subsection (a) shall address (f) REPORT.—Not later than December 31, such as the Commission, that represents a broad specific concerns related to the Deep River 1999, the Secretary shall transmit to Congress a variety of private and public interests; Basin area, including— report on the results of the program carried out H11190 CONGRESSIONAL RECORD — HOUSE September 25, 1996 under this section, together with recommenda- SEC. 535. CUMBERLAND, MARYLAND. taken under subsection (a)(1)(A) and $1,500,000 tions concerning whether or not such program The Secretary may provide technical, plan- for projects undertaken under subsection should be implemented on a national basis. ning, and design assistance to State, local, and (a)(1)(B). (g) SOUTHERN AND EASTERN KENTUCKY DE- other Federal entities for the restoration of the SEC. 540. CONTROL OF AQUATIC PLANTS, MICHI- FINED.—In this section, the term ‘‘southern and Chesapeake and Ohio Canal, in the vicinity of GAN, PENNSYLVANIA, AND VIRGINIA eastern Kentucky’’ means Morgan, Floyd, Pu- Cumberland, Maryland. AND NORTH CAROLINA. laski, Wayne, Laurel, Knox, Pike, Menifee, SEC. 536. WILLIAM JENNINGS RANDOLPH ACCESS The Secretary shall carry out under section Perry, Harlan, Breathitt, Martin, Jackson, ROAD, GARRETT COUNTY, MARY- 104 of the River and Harbor Act of 1958 (33 Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie, LAND. U.S.C. 610)— Lawrence, Knott, Bell, McCreary, Rockcastle, The Secretary shall transfer up to $600,000 to (1) a program to control aquatic plants in Whitley, Lee, and Letcher Counties, Kentucky. the State of Maryland for use by the State in Lake St. Clair, Michigan; (h) AUTHORIZATION OF APPROPRIATIONS.— constructing an access road to the William Jen- (2) a program to control aquatic plants in the There is authorized to be appropriated to carry nings Randolph Lake in Garrett County, Mary- Schuylkill River, Philadelphia, Pennsylvania; out this section $10,000,000. land. and SEC. 532. COASTAL WETLANDS RESTORATION SEC. 537. POPLAR ISLAND, MARYLAND. (3) a program to control aquatic plants in PROJECTS, LOUISIANA. The Secretary shall carry out a project for the Lake Gaston, Virginia and North Carolina. Section 303(f) of the Coastal Wetlands Plan- beneficial use of dredged material at Poplar Is- SEC. 541. DULUTH, MINNESOTA, ALTERNATIVE ning, Protection and Restoration Act (16 U.S.C. land, Maryland, substantially in accordance TECHNOLOGY PROJECT. 3952(f); 104 Stat. 4782–4783) is amended— with, and subject to the conditions described in, (a) PROJECT AUTHORIZATION.—The Secretary (1) in paragraph (4) by striking ‘‘and (3)’’ and the report of the Secretary dated September 3, shall develop and implement alternative meth- inserting ‘‘(3), and (5)’’; and 1996, at a total cost of $307,000,000, with an esti- ods for decontamination and disposal of con- (2) by adding at the end the following: taminated dredged material at the Port of Du- ‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996 mated Federal cost of $230,000,000 and an esti- mated non-Federal cost of $77,000,000. The luth, Minnesota. AND 1997.—Notwithstanding paragraphs (1) and (b) AUTHORIZATION OF APPROPRIATIONS.— (2), upon approval of the conservation plan project shall be carried out under the policies and cooperative agreement requirements of sec- There is authorized to be appropriated to carry under section 304 and a determination by the out this section $1,000,000. Secretary that a reduction in the non-Federal tion 204 of the Water Resources Development SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA. share is warranted, amounts made available in Act of 1992 (33 U.S.C. 2326), except that sub- (a) CONSTRUCTION.—The Secretary shall assist accordance with section 306 to carry out coastal section (e) of such section shall not apply to the the Minnesota Lake Superior Center authority wetlands restoration projects under this section project authorized by this section. in the construction of an educational facility to in calendar years 1996 and 1997 shall provide 90 SEC. 538. EROSION CONTROL MEASURES, SMITH be used in connection with efforts to educate the percent of the cost of such projects.’’. ISLAND, MARYLAND. (a) IN GENERAL.—The Secretary shall imple- public in the economic, recreational, biological, SEC. 533. SOUTHEAST LOUISIANA. aesthetic, and spiritual worth of Lake Superior (a) FLOOD CONTROL.—The Secretary shall ment erosion control measures in the vicinity of and other large bodies of fresh water. proceed with engineering, design, and construc- Rhodes Point, Smith Island, Maryland, at an (b) PUBLIC OWNERSHIP.—Prior to providing tion of projects to provide for flood control and estimated total Federal cost of $450,000. (b) IMPLEMENTATION ON EMERGENCY BASIS.— any assistance under subsection (a), the Sec- improvements to rainfall drainage systems in retary shall verify that the facility to be con- Jefferson, Orleans, and St. Tammany Parishes, The project under subsection (a) shall be carried out on an emergency basis in view of the na- structed under subsection (a) will be owned by Louisiana, in accordance with the following re- the public authority established by the State of ports of the New Orleans District Engineer: Jef- tional, historic, and cultural value of the island and in order to protect the Federal investment Minnesota to develop, operate, and maintain ferson and Orleans Parishes, Louisiana, Urban the Lake Superior Center. Flood Control and Water Quality Management, in infrastructure facilities. (c) COST SHARING.—Cost sharing applicable to (c) AUTHORIZATION OF APPROPRIATIONS.— July 1992; Tangipahoa, Techefuncte, and There is authorized to be appropriated for the Tickfaw Rivers, Louisiana, June 1991; St. Tam- hurricane and storm damage reduction shall be applicable to the project to be carried out under construction of the facility under subsection (a) many Parish, Louisiana, July 1996; and Schnei- $10,000,000. der Canal, Slidell, Louisiana, Hurricane Protec- subsection (a). tion, May 1990. SEC. 539. RESTORATION PROJECTS FOR MARY- SEC. 543. REDWOOD RIVER BASIN, MINNESOTA. (b) COST SHARING.—The cost of any work per- LAND, PENNSYLVANIA, AND WEST (a) STUDY AND STRATEGY DEVELOPMENT.—The formed by the non-Federal interests subsequent VIRGINIA. Secretary, in cooperation with the Secretary of to the dates of the reports referred to in sub- (a) IN GENERAL.— Agriculture and the State of Minnesota, shall section (a) and determined by the Secretary to (1) TECHNICAL ASSISTANCE.—The Secretary conduct a study, and develop a strategy, for be a compatible and integral part of the projects may provide technical assistance to non-Federal using wetland restoration, soil and water con- shall be credited toward the non-Federal share interests, in cooperation with Federal and State servation practices, and nonstructural measures of the projects. agencies, for reclamation and water quality pro- to reduce flood damage, improve water quality, (c) FUNDING.—There is authorized to be ap- tection projects for the purpose of abating and and create wildlife habitat in the Redwood propriated $100,000,000 for the initiation and mitigating surface water quality degradation River basin and the subbasins draining into the partial accomplishment of projects described in caused by abandoned mines along— Minnesota River, at an estimated Federal cost of the reports referred to in subsection (a). (A) the North Branch of the Potomac River, $4,000,000. (d) ADDITIONAL OBLIGATIONS.—No funds may Maryland, Pennsylvania, and West Virginia; (b) NON-FEDERAL SHARE.—The non-Federal be obligated in excess of the amount authorized and share of the cost of the study and development by subsection (c) for the projects for flood con- (B) the New River, West Virginia, watershed. of the strategy shall be 25 percent and may be trol and improvements to rainfall drainage sys- (2) ADDITIONAL MEASURES.—Projects under provided through in-kind services and materials. tems authorized by subsection (a) until the paragraph (1) may also include measures for the (c) COOPERATION AGREEMENTS.—In conduct- Corps of Engineers determines that the addi- abatement and mitigation of surface water qual- ing the study and developing the strategy under tional work to be carried out with such funds is ity degradation caused by the lack of sanitary this section, the Secretary may enter into co- technically sound, environmentally acceptable, wastewater treatment facilities or the need to operation agreements to provide financial assist- and economic, as applicable. enhance such facilities. ance to appropriate Federal, State, and local SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND (3) CONSULTATION WITH FEDERAL ENTITIES.— government agencies, including assistance for VIRGINIA. Any project under paragraph (1) that is located the implementation of wetland restoration (a) PROJECT TO MITIGATE SHORE DAMAGE.— on lands owned by the United States shall be projects and soil and water conservation meas- The Secretary shall expedite the Assateague Is- undertaken in consultation with the Federal en- ures. land restoration feature of the Ocean City, tity with administrative jurisdiction over such (d) IMPLEMENTATION.—The Secretary shall Maryland, and vicinity study and, if the Sec- lands. undertake development and implementation of retary determines that the Federal navigation (b) FEDERAL SHARE.—The Federal share of the the strategy authorized by this section in co- project has contributed to degradation of the cost of the activities conducted under subsection operation with local landowners and local gov- shoreline, the Secretary shall carry out the (a)(1) shall be 50 percent; except that, with re- ernment officials. shoreline restoration feature. The Secretary spect to projects located on lands owned by the SEC. 544. COLDWATER RIVER WATERSHED, MIS- shall allocate costs for the project feature pursu- United States, the Federal share shall be 100 SISSIPPI. ant to section 111 of the River and Harbor Act percent. Not later than 6 months after the date of the of 1968 (33 U.S.C. 426i; 82 Stat. 735). (c) EFFECT ON AUTHORITY OF SECRETARY OF enactment of this Act, the Secretary shall initi- (b) COORDINATION.—In carrying out the THE INTERIOR.—Nothing in this section is in- ate all remaining work associated with the project under this section, the Secretary shall tended to affect the authority of the Secretary Coldwater River Watershed Demonstration Ero- coordinate with affected Federal and State of the Interior under title IV of the Surface sion Control Project, as authorized by the Act agencies and shall enter into an agreement with Mining Control and Reclamation Act of 1977 (30 entitled ‘‘An Act making appropriations to pro- the Federal property owner to determine the al- U.S.C. 1231 et seq.). vide productive employment for hundreds of location of the project costs. (d) AUTHORIZATION OF APPROPRIATIONS.— thousands of jobless Americans, to hasten or ini- (c) FUNDING.—There is authorized to be ap- There are authorized to be appropriated to carry tiate Federal projects and construction of last- propriated to carry out this section $35,000,000. out this section $1,500,000 for projects under- ing value to the Nation and its citizens, and to September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11191

provide humanitarian assistance to the indigent ‘‘(1) Mitigation, enhancement, and acquisition (d) COOPERATION AGREEMENTS.—Before pro- for fiscal year 1983, and for other purposes’’, ap- of significant wetlands that contribute to the viding assistance under this section, the Sec- proved March 24, 1983 (97 Stat. 13). Meadowlands ecosystem.’’. retary shall enter into a project cooperation SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI. SEC. 551. HUDSON RIVER HABITAT RESTORATION, agreement with the State director for the project The Secretary shall carry out the project for NEW YORK. to be carried out with such assistance. bluff stabilization, Natchez Bluffs, Natchez, (a) HABITAT RESTORATION.—The Secretary (e) COST SHARING.— Mississippi, substantially in accordance with shall expedite the feasibility study of the Hud- (1) IN GENERAL.—Total project costs under the Natchez Bluffs Study, dated September 1985, son River Habitat Restoration, Hudson River each agreement entered into under this section the Natchez Bluffs Study: Supplement I, dated Basin, New York, and may carry out not fewer shall be shared at 75 percent Federal and 25 per- June 1990, and the Natchez Bluffs Study: Sup- than 4 projects for habitat restoration in the cent non-Federal. The Federal share may be in plement II, dated December 1993, at a total cost Hudson River Basin, to the extent the Secretary the form of grants or reimbursements of project of $17,200,000, with an estimated Federal cost of determines such work to be advisable and tech- costs. $12,900,000 and an estimated non-Federal cost of nically feasible. Such projects shall be designed (2) CREDIT FOR DESIGN WORK.—The non-Fed- $4,300,000. The project shall be carried out in the to— eral interest shall receive credit for the reason- portions of the bluffs described in the studies (1) assess and improve habitat value and envi- able costs of design work completed by such in- specified in the preceding sentence as Clifton ronmental outputs of recommended projects; terest prior to entering into the agreement with Avenue, area 3; Bluff above Silver Street, area (2) evaluate various restoration techniques for the Secretary for a project. 6; Bluff above Natchez Under-the-Hill, area 7; effectiveness and cost; (3) CREDIT FOR INTEREST.—In the event of a and Madison Street to State Street, area 4. (3) fill an important local habitat need within delay in the reimbursement of the non-Federal a specific portion of the study area; and share of a project, the non-Federal interest shall SEC. 546. SARDIS LAKE, MISSISSIPPI. (4) take advantage of ongoing or planned ac- receive credit for reasonable interest costs in- (a) MANAGEMENT.—The Secretary shall work tions by other agencies, local municipalities, or curred to provide the non-Federal share of a cooperatively with the State of Mississippi and environmental groups that would increase the project’s cost. the city of Sardis, Mississippi, to the maximum effectiveness or decrease the overall cost of im- (4) LANDS, EASEMENTS, AND RIGHTS-OF-WAY extent practicable, in the management of exist- plementing one of the recommended restoration CREDIT.—The non-Federal interest shall receive ing and proposed leases of land consistent with project sites. credit for lands, easements, rights-of-way, and the Sardis Lake Recreation and Tourism Master (b) NON-FEDERAL SHARE.—Non-Federal inter- relocations provided by the non-Federal interest Plan prepared by the city for the economic de- ests shall provide 25 percent of the cost of each toward its share of project costs (including di- velopment of the Sardis Lake area. project undertaken under subsection (a). The rect costs associated with obtaining permits nec- (b) FLOOD CONTROL STORAGE.—The Secretary non-Federal share may be in the form of cash or essary for the placement of such project on pub- shall review the study conducted by the city of in-kind contributions. licly owned or controlled lands), but not to ex- Sardis, Mississippi, regarding the impact of the (c) AUTHORIZATION OF APPROPRIATIONS.— ceed 25 percent of total project costs. Sardis Lake Recreation and Tourism Master There is authorized to be appropriated to carry (5) OPERATION AND MAINTENANCE.—The non- Plan prepared by the city on flood control stor- out this section $11,000,000. Federal share of operation and maintenance age in Sardis Lake. The city shall not be re- SEC. 552. NEW YORK CITY WATERSHED. costs for projects constructed with assistance quired to reimburse the Secretary for the cost of provided under this section shall be 100 percent. such storage, or the cost of the Secretary’s re- (a) ENVIRONMENTAL ASSISTANCE PROGRAM.— (1) ESTABLISHMENT.—The Secretary shall es- (f) APPLICABILITY OF OTHER FEDERAL AND view, if the Secretary finds that the loss of flood tablish a program for providing environmental STATE LAWS.—Nothing in this section shall be control storage resulting from implementation of assistance to non-Federal interests in the New construed to waive, limit, or otherwise affect the the master plan is not significant. York City Watershed. applicability of any provision of Federal or SEC. 547. ST. CHARLES COUNTY, MISSOURI, (2) FORM OF ASSISTANCE.—Assistance provided State law that would otherwise apply to a FLOOD PROTECTION. under this section may be in the form of design project carried out with assistance provided (a) IN GENERAL.—Notwithstanding any other and construction assistance for water-related under this section. provision of law (including any regulation), no environmental infrastructure and resource pro- (g) REPORT.—Not later than December 31, county located at the confluence of the Missouri tection and development projects in the New 2000, the Secretary shall transmit to Congress a and Mississippi Rivers or community located in York City Watershed, including projects for report on the results of the program carried out any county located at the confluence of the water supply, storage, treatment, and distribu- under this section, together with recommenda- Missouri and Mississippi Rivers shall have its tion facilities, and surface water resource pro- tions concerning whether such program should participation in the national flood insurance tection and development. be implemented on a national basis. program established under chapter 1 of the Na- (b) PUBLIC OWNERSHIP REQUIREMENT.—The (h) NEW YORK CITY WATERSHED DEFINED.—In tional Flood Insurance Act of 1968 (42 U.S.C. Secretary may provide assistance for a project this section, the term ‘‘New York City Water- 4011 et seq.) suspended, revoked, or otherwise under this section only if the project is publicly shed’’ means the land area within the counties affected solely due to that county’s or commu- owned. of Delaware, Greene, Schoharie, Ulster, Sulli- nity’s permitting the raising of levees by any (c) ELIGIBLE PROJECTS.— van, Westchester, Putnam, and Duchess, New public-sponsored levee district, along an align- (1) CERTIFICATION.—A project shall be eligible York, that contributes water to the water supply ment approved by the circuit court of such for financial assistance under this section only system of New York City. county, to a level sufficient to contain a 20-year if the State director for the project certifies to (i) AUTHORIZATION OF APPROPRIATIONS.— flood. the Secretary that the project will contribute to There is authorized to be appropriated to carry (b) PERMITS.—The permit issued under section the protection and enhancement of the quality out this section $22,500,000. 404 of the Federal Water Pollution Control Act or quantity of the New York City water supply. SEC. 553. NEW YORK STATE CANAL SYSTEM. (33 U.S.C. 1344) numbered P–1972, authorizing (2) SPECIAL CONSIDERATION.—In certifying (a) IN GENERAL.—The Secretary may make the reshaping and realignment of an existing projects to the Secretary, the State director shall capital improvements to the New York State levee, shall be considered adequate to allow the give special consideration to those projects im- Canal System. raising of levees under subsection (a). plementing plans, agreements, and measures (b) AGREEMENTS.—The Secretary, with the SEC. 548. ST. LOUIS, MISSOURI. that preserve and enhance the economic and so- consent of appropriate local and State entities, The Secretary shall not reassign the St. Louis cial character of the communities in the New shall enter into such arrangements, contracts, District of the Corps of Engineers from the oper- York City Watershed. and leases with public and private entities as ational control of the Lower Mississippi Valley (3) PROJECT DESCRIPTIONS.—Projects eligible may be necessary for the purposes of rehabilita- Division. for assistance under this section shall include tion, renovation, preservation, and maintenance SEC. 549. LIBBY DAM, MONTANA. the following: of the New York State Canal System and its re- (a) IN GENERAL.—In accordance with section (A) Implementation of intergovernmental lated facilities, including trailside facilities and 103(c)(1) of the Water Resources Development agreements for coordinating regulatory and other recreational projects along the waterways Act of 1986 (33 U.S.C. 2213(c)(1)), the Secretary management responsibilities. of the canal system. shall— (B) Acceleration of whole farm planning to (c) NEW YORK STATE CANAL SYSTEM DE- (1) complete the construction and installation implement best management practices to main- FINED.—In this section, the term ‘‘New York of generating units 6 through 8 at Libby Dam, tain or enhance water quality and to promote State Canal System’’ means the Erie, Oswego, Montana; and agricultural land use. Champlain, and Cayuga-Seneca Canals. (2) remove the partially constructed haul (C) Acceleration of whole community plan- (d) FEDERAL SHARE.—The Federal share of bridge over the Kootenai River, Montana. ning to promote intergovernmental cooperation the cost of capital improvements under this sec- (b) AUTHORIZATION OF APPROPRIATIONS.— in the regulation and management of activities tion shall be 50 percent. There is authorized to be appropriated to carry consistent with the goal of maintaining or en- (e) AUTHORIZATION OF APPROPRIATIONS.— out this section $16,000,000. Such sums shall re- hancing water quality. There is authorized to be appropriated to carry main available until expended. (D) Natural resources stewardship on public out this section $8,000,000. SEC. 550. HACKENSACK MEADOWLANDS AREA, and private lands to promote land uses that pre- SEC. 554. ORCHARD BEACH, BRONX, NEW YORK. NEW JERSEY. serve and enhance the economic and social The Secretary shall conduct a study for a Section 324(b)(1) of the Water Resources De- character of the communities in the New York project for shoreline protection, Orchard Beach, velopment Act of 1992 (106 Stat. 4849) is amended City Watershed and protect and enhance water Bronx, New York, and, if the Secretary deter- to read as follows: quality. mines that the project is feasible, may carry out H11192 CONGRESSIONAL RECORD — HOUSE September 25, 1996 the project, at a maximum Federal cost of James River in North Dakota and South Da- operative agreement entered into under sub- $5,200,000. kota. section (a)— SEC. 555. DREDGED MATERIAL CONTAINMENT FA- (b) FEASIBILITY STUDY.— ‘‘(A) shall be 75 percent; and CILITY FOR PORT OF NEW YORK-NEW (1) IN GENERAL.—Not later than 1 year after ‘‘(B) may be in the form of grants or reim- JERSEY. the date of the enactment of this Act, the Sec- bursements of project costs. (a) IN GENERAL.—The Secretary may con- retary shall— ‘‘(2) NON-FEDERAL SHARE.—The non-Federal struct, operate, and maintain a dredged mate- (A) complete a study to determine the feasibil- share of project costs may be provided in the rial containment facility with a capacity com- ity of providing flood protection for the land re- form of design and construction services and mensurate with the long-term dredged material ferred to in subsection (a); and other in-kind work provided by the non-Federal disposal needs of port facilities under the juris- (B) submit a report on the study to Congress. interests, whether occurring subsequent to, or diction of the Port of New York-New Jersey. (2) CONSIDERATIONS.—In carrying out para- within 6 years prior to, entering into an agree- Such facility may be a near-shore dredged mate- graph (1), the Secretary shall consider all rea- ment with the Secretary. Non-Federal interests rial disposal facility along the Brooklyn water- sonable project-related and other options. shall receive credit for grants and the value of front. SEC. 558. NORTHEASTERN OHIO. work performed on behalf of such interests by (b) COST SHARING.—The costs associated with The Secretary may provide technical assist- State and local agencies, as determined by the feasibility studies, design, engineering, and con- ance to local interests for establishment of a re- Secretary.’’; and struction under this section shall be shared with gional water authority in northeastern Ohio to (2) in subsection (c) by striking ‘‘$5,500,000’’ the non-Federal interest in accordance with sec- address the water problems of the region. The and inserting ‘‘$11,000,000’’. tion 101 of the Water Resources Development Federal share of the costs of such planning SEC. 562. CURWENSVILLE LAKE, PENNSYLVANIA. Act of 1986 (33 U.S.C. 2211). shall not exceed 50 percent. The Secretary shall modify the allocation of (c) PUBLIC BENEFIT.—After the facility con- SEC. 559. OHIO RIVER GREENWAY. costs for the water reallocation project at structed under subsection (a) has been filled to (a) EXPEDITED COMPLETION OF STUDY.—The Curwensville Lake, Pennsylvania, to the extent capacity with dredged material, the Secretary Secretary shall expedite the completion of the that the Secretary determines that such modi- shall maintain the facility for the public benefit. study for a project for the Ohio River Green- fication will provide environmental restoration SEC. 556. QUEENS COUNTY, NEW YORK. way, Jeffersonville, Clarksville, and New Al- benefits in meeting instream flow needs in the (a) DESCRIPTION OF NONNAVIGABLE AREA.— bany, Indiana. Susquehanna River basin. (b) CONSTRUCTION.—Upon completion of the Subject to subsections (b) and (c), the area of SEC. 563. HOPPER DREDGE MCFARLAND. study, if the Secretary determines that the Long Island City, Queens County, New York, (a) PROJECT AUTHORIZATION.— project is feasible, the Secretary shall partici- that— (1) DETERMINATION.—The Secretary shall de- pate with the non-Federal interests in the con- (1) is not submerged; termine the advisability and necessity of making struction of the project. (2) as of the date of the enactment of this Act, modernization and efficiency improvements to (c) COST SHARING.—Total project costs under lies between the southerly high water line of this section shall be shared at 50 percent Federal the hopper dredge McFarland. In making such Anable Basin (also known as the ‘‘11th Street and 50 percent non-Federal. determination, the Secretary shall— Basin’’) and the northerly high water line of (d) LANDS, EASEMENTS, AND RIGHTS-OF- (A) assess the need for returning the dredge to Newtown Creek; and WAY.—Non-Federal interests shall be respon- active service; (3) extends from the high water line (as of sible for providing all lands, easements, rights- (B) determine whether the McFarland should such date of enactment) of the East River to the of-way, relocations, and dredged material dis- be returned to active service or the reserve fleet original high water line of the East River; posal areas necessary for the project. after the potential improvements are completed is declared to be nonnavigable waters of the (e) CREDIT.—The non-Federal interests shall and paid for; and United States. receive credit for those costs incurred by the (C) establish minimum standards of dredging (b) REQUIREMENT THAT AREA BE IMPROVED.— non-Federal interests that the Secretary deter- service to be met in areas served by the McFar- (1) IN GENERAL.—The declaration of non- mines are compatible with the study, design, land while the dredge is undergoing improve- navigability under subsection (a) shall apply and implementation of the project. ments. only to those portions of the area described in (2) AUTHORIZATION.—If the Secretary deter- SEC. 560. GRAND LAKE, OKLAHOMA. subsection (a) that are, or will be, bulkheaded, mines under paragraph (1) that such moderniza- (a) STUDY.—Not later than 1 year after the filled, or otherwise occupied by permanent tion and efficiency improvements are advisable date of the enactment of this Act, the Secretary structures or other permanent physical improve- and necessary, the Secretary may carry out the shall carry out and complete a study of flooding ments (including parkland). modernization and efficiency improvements. The in Grand/Neosho Basin and tributaries in the vi- (2) APPLICABILITY OF FEDERAL LAW.—Im- Secretary may carry out such improvements cinity of Pensacola Dam in northeastern Okla- provements described in paragraph (1) shall be only at the Philadelphia Naval Shipyard, Penn- homa to determine the scope of the backwater subject to applicable Federal laws, including— sylvania. effects of operation of the dam and to identify (A) sections 9 and 10 of the Act entitled ‘‘An (b) AUTHORIZATION OF APPROPRIATIONS.— any lands that the Secretary determines have Act making appropriations for the construction, There is authorized to be appropriated to carry been adversely impacted by such operation or repair, and preservation of certain public works out this section $20,000,000. should have been originally purchased as flow- on rivers and harbors, and for other purposes’’, age easement for the project. SEC. 564. PHILADELPHIA, PENNSYLVANIA. approved March 3, 1899 (33 U.S.C. 401 and 403); (b) ACQUISITION OF REAL PROPERTY.—Upon (a) WATER WORKS RESTORATION.— (B) section 404 of the Federal Water Pollution completion of the study and subject to advance (1) IN GENERAL.—Upon completion of a report Control Act (33 U.S.C. 1344); and appropriations, the Secretary may acquire from by the Corps of Engineers that such work is (C) the National Environmental Policy Act of willing sellers such real property interests in technically sound, environmentally acceptable, 1969 (42 U.S.C. 4321 et seq.). any lands identified in the study as the Sec- and economic, as applicable, the Secretary shall XPIRATION DATE.—The declaration of (c) E retary determines are necessary to reduce the provide planning, design, and construction as- nonnavigability under subsection (a) shall ex- adverse impacts identified in the study con- sistance for the protection and restoration of the pire with respect to a portion of the area de- ducted under subsection (a). Philadelphia, Pennsylvania, Water Works. scribed in subsection (a), if the portion— (c) IMPLEMENTATION REPORTS.—The Secretary (2) COORDINATION.—In providing assistance (1) is not bulkheaded, filled, or otherwise oc- shall transmit to Congress reports on the oper- under this subsection, the Secretary shall co- cupied by a permanent structure or other per- ation of Pensacola Dam, including data on and ordinate with the Fairmount Park Commission manent physical improvement (including park- a description of releases in anticipation of flood- and the Secretary of the Interior. land) in accordance with subsection (b) by the ing (referred to as ‘‘preoccupancy releases’’), (3) FUNDING.—There is authorized to be ap- date that is 20 years after the date of the enact- and the implementation of this section. The first propriated to carry out this subsection ment of this Act; or of such reports shall be transmitted not later $1,000,000. (2) requires an improvement described in sub- than 2 years after the date of the enactment of (b) COOPERATION AGREEMENT FOR SCHUYLKILL section (b)(2) that is subject to a permit under this Act. NAVIGATION CANAL.— an applicable Federal law, and the improvement (d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The Secretary shall enter is not commenced by the date that is 5 years (1) IN GENERAL.—There is authorized to be ap- into a cooperation agreement with the city of after the date of issuance of the permit. propriated to carry out this section $25,000,000. Philadelphia, Pennsylvania, to participate in SEC. 557. JAMESTOWN DAM AND PIPESTEM DAM, (2) MAXIMUM FUNDING FOR STUDY.—Of the rehabilitation of the Schuylkill Navigation NORTH DAKOTA. amounts appropriated to carry out this section, Canal at Manayunk. (a) REVISIONS TO WATER CONTROL MANU- not to exceed $1,500,000 shall be available for (2) LIMITATION ON FEDERAL SHARE.—The Fed- ALS.—In consultation with the States of North carrying out the study under subsection (a). eral share of the cost of the rehabilitation under Dakota and South Dakota and the James River SEC. 561. BROAD TOP REGION OF PENNSYLVANIA. paragraph (1) shall not exceed $300,000 for each Water Development District, the Secretary shall Section 304 of the Water Resources Develop- fiscal year. review and consider revisions to the water con- ment Act of 1992 (106 Stat. 4840) is amended— (3) AREA INCLUDED.—For purposes of this sub- trol manuals for the Jamestown Dam and Pipe- (1) by striking subsection (b) and inserting the section, the Schuylkill Navigation Canal in- stem Dam, North Dakota, to modify operation of following: cludes the section approximately 10,000 feet long the dams so as to reduce the magnitude and du- ‘‘(b) COST SHARING.— extending between Lock and Fountain Streets, ration of flooding and inundation of land lo- ‘‘(1) FEDERAL SHARE.—The Federal share of Philadelphia, Pennsylvania. cated within the 10-year floodplain along the the cost of the activities conducted under the co- (c) SCHUYLKILL RIVER PARK.— September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11193

(1) ASSISTANCE.—Upon completion of a report (3) COST SHARING.— the strategy authorized by this section in co- by the Corps of Engineers that such work is (A) IN GENERAL.—Total project costs under operation with local landowners and local gov- technically sound, environmentally acceptable, each local cooperation agreement entered into ernment officials. and economic, as applicable, the Secretary may under this subsection shall be shared at 75 per- SEC. 568. WILLS CREEK, HYNDMAN, PENNSYLVA- provide technical, planning, design, and con- cent Federal and 25 percent non-Federal. The NIA. struction assistance for the Schuylkill River Federal share may be in the form of grants or The Secretary may carry out a project for Park, Philadelphia, Pennsylvania. reimbursements of project costs. flood control, Wills Creek, Borough of (2) FUNDING.—There is authorized to be ap- (B) CREDIT FOR DESIGN WORK.—The non-Fed- Hyndman, Pennsylvania, at an estimated total propriated to carry out this subsection eral interest shall receive credit for the reason- cost of $5,000,000. $2,700,000. able costs of design work completed by such in- terest prior to entering into a local cooperation SEC. 569. BLACKSTONE RIVER VALLEY, RHODE IS- (d) PENNYPACK PARK.— LAND AND MASSACHUSETTS. (1) ASSISTANCE.—Upon completion of a report agreement with the Secretary for a project. The credit for such design work shall not exceed 6 (a) IN GENERAL.—The Secretary, in coordina- by the Corps of Engineers that such work is tion with Federal, State, and local interests, technically sound, environmentally acceptable, percent of the total construction costs of the project. shall provide technical, planning, and design and economic, as applicable, the Secretary may assistance in the development and restoration of provide technical, design, construction, and fi- (C) CREDIT FOR INTEREST.—In the event of a delay in the funding of the non-Federal share of the Blackstone River Valley National Heritage nancial assistance for measures for the improve- Corridor, Rhode Island and Massachusetts. ment and restoration of aquatic habitats and a project that is the subject of an agreement (b) FEDERAL SHARE.—Funds made available aquatic resources at Pennypack Park, Philadel- under this section, the non-Federal interest shall receive credit for reasonable interest in- under this section for planning and design of a phia, Pennsylvania. project may not exceed 75 percent of the total (2) COOPERATION AGREEMENTS.—In providing curred in providing the non-Federal share of a cost of such planning and design. assistance under this subsection, the Secretary project’s cost. shall enter into cooperation agreements with the (D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY SEC. 570. DREDGED MATERIAL CONTAINMENT FA- city of Philadelphia, acting through the Fair- CREDIT.—The non-Federal interest shall receive CILITY FOR PORT OF PROVIDENCE, RHODE ISLAND. mount Park Commission. credit for lands, easements, rights-of-way, and (a) IN GENERAL.—The Secretary may con- (3) FUNDING.—There is authorized to be ap- relocations toward its share of project costs (in- propriated to carry out this subsection cluding all reasonable costs associated with ob- struct, operate, and maintain a dredged mate- $15,000,000. taining permits necessary for the construction, rial containment facility with a capacity com- mensurate with the long-term dredged material (e) FRANKFORD DAM.— operation, and maintenance of such project on (1) COOPERATION AGREEMENTS.—The Secretary publicly owned or controlled lands), but not to disposal needs of port facilities under the juris- may enter into cooperation agreements with the exceed 25 percent of total project costs. diction of the Port of Providence, Rhode Island. city of Philadelphia, Pennsylvania, acting (E) OPERATION AND MAINTENANCE.—The non- (b) COST SHARING.—The costs associated with through the Fairmount Park Commission, to Federal share of operation and maintenance feasibility studies, design, engineering, and con- provide assistance for the elimination of the costs for projects constructed with assistance struction shall be shared with the non-Federal Frankford Dam, the replacement of the Rhawn provided under this section shall be 100 percent. interest in accordance with section 101 of the (e) APPLICABILITY OF OTHER FEDERAL AND Street Dam, and modifications to the Roosevelt Water Resources Development Act of 1986 (33 STATE LAWS.—Nothing in this section shall be Dam and the Verree Road Dam. U.S.C. 2211). construed as waiving, limiting, or otherwise af- (2) FUNDING.—There is authorized to be ap- (c) PUBLIC BENEFIT.—After the facility con- propriated to carry out this subsection $900,000. fecting the applicability of any provision of Fed- structed under subsection (a) has been filled to eral or State law that would otherwise apply to SEC. 565. SEVEN POINTS VISITORS CENTER, capacity with dredged material, the Secretary RAYSTOWN LAKE, PENNSYLVANIA. a project to be carried out with assistance pro- shall maintain the facility for the public benefit. vided under this section. (a) IN GENERAL.—The Secretary shall con- SEC. 571. QUONSET POINT-DAVISVILLE, RHODE (f) REPORT.—Not later than December 31, struct a visitors center and related public use fa- ISLAND. 1998, the Secretary shall transmit to Congress a cilities at the Seven Points Recreation Area at The Secretary shall replace the bulkhead be- report on the results of the pilot program carried Raystown Lake, Pennsylvania, generally in ac- tween piers 1 and 2 at the Quonset Point- out under this section, together with rec- cordance with the Master Plan Update (1994) Davisville Industrial Park, Rhode Island, at a ommendations concerning whether or not such for the Raystown Lake Project. total cost of $1,350,000, with an estimated Fed- program should be implemented on a national (b) AUTHORIZATION OF APPROPRIATIONS.— eral cost of $1,012,500 and an estimated non- There is authorized to be appropriated to carry basis. Federal cost of $337,500. In conjunction with (g) SOUTHEASTERN PENNSYLVANIA DEFINED.— out this section $2,500,000. this project, the Secretary shall install high In this section, the term ‘‘southeastern Penn- mast lighting at pier 2 at a total cost of $300,000, SEC. 566. SOUTHEASTERN PENNSYLVANIA. sylvania’’ means Philadelphia, Bucks, Chester, with an estimated Federal cost of $225,000 and (a) ESTABLISHMENT OF PROGRAM.—The Sec- Delaware, and Montgomery Counties, Penn- an estimated non-Federal cost of $75,000. retary may establish a pilot program for provid- sylvania. ing environmental assistance to non-Federal in- (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 572. EAST RIDGE, TENNESSEE. terests in southeastern Pennsylvania. There is authorized to be appropriated to carry The Secretary shall conduct a limited reevalu- (b) FORM OF ASSISTANCE.—Assistance under out this section $25,000,000. ation of the flood management study for the this section may be in the form of design and SEC. 567. UPPER SUSQUEHANNA RIVER BASIN, East Ridge and Hamilton County area, Ten- construction assistance for water-related envi- PENNSYLVANIA AND NEW YORK. nessee, undertaken by the Tennessee Valley Au- ronmental infrastructure and resource protec- (a) STUDY AND STRATEGY DEVELOPMENT.—The thority and may carry out the project at an esti- tion and development projects in southeastern Secretary, in cooperation with the Secretary of mated total cost of up to $25,000,000. Pennsylvania, including projects for waste Agriculture, the State of Pennsylvania, and the SEC. 573. MURFREESBORO, TENNESSEE. water treatment and related facilities, water State of New York, shall conduct a study, and The Secretary may carry out a project for en- supply and related facilities, and surface water develop a strategy, for using wetland restora- vironmental enhancement, Murfreesboro, Ten- resource protection and development. tion, soil and water conservation practices, and nessee, in accordance with the Report and Envi- (c) PUBLIC OWNERSHIP REQUIREMENT.—The nonstructural measures to reduce flood damage, ronmental Assessment, Black Fox, Murfree and Secretary may provide assistance for a project improve water quality, and create wildlife habi- Oaklands Spring Wetlands, Murfreesboro, Ruth- under this section only if the project is publicly tat in the following portions of the Upper Sus- erford County, Tennessee, dated August 1994. owned. quehanna River basin: SEC. 574. TENNESSEE RIVER, HAMILTON COUNTY, (d) LOCAL COOPERATION AGREEMENTS.— (1) The Juniata River watershed, Pennsylva- TENNESSEE. (1) IN GENERAL.—Before providing assistance nia, at an estimated Federal cost of $8,000,000. The Secretary shall conduct a study for a under this section, the Secretary shall enter into (2) The Susquehanna River watershed up- project for bank stabilization, Tennessee River, a local cooperation agreement with a non-Fed- stream of the Chemung River, New York, at an Hamilton County, Tennessee, and, if the Sec- eral interest to provide for design and construc- estimated Federal cost of $5,000,000. retary determines that the project is feasible, tion of the project to be carried out with such (b) NON-FEDERAL SHARE.—The non-Federal may carry out the project, at a maximum Fed- assistance. share of the cost of the study and development eral cost of $7,500,000. (2) REQUIREMENTS.—Each local cooperation of the strategy shall be 25 percent and may be agreement entered into under this subsection provided through in-kind services and materials. SEC. 575. HARRIS COUNTY, TEXAS. shall provide for the following: (c) COOPERATION AGREEMENTS.—In conduct- (a) IN GENERAL.—During any evaluation of (A) PLAN.—Development by the Secretary, in ing the study and developing the strategy under economic benefits and costs for projects set forth consultation with appropriate Federal and State this section, the Secretary may enter into co- in subsection (b) that occurs after the date of officials, of a facilities or resource protection operation agreements to provide financial assist- the enactment of this Act, the Secretary shall and development plan, including appropriate ance to appropriate Federal, State, and local not consider flood control works constructed by engineering plans and specifications. government agencies, including assistance for non-Federal interests within the drainage area (B) LEGAL AND INSTITUTIONAL STRUCTURES.— the implementation of wetland restoration of such projects prior to the date of such evalua- Establishment of such legal and institutional projects and soil and water conservation meas- tion in the determination of conditions existing structures as are necessary to ensure the effec- ures. prior to construction of the project. tive long-term operation of the project by the (d) IMPLEMENTATION.—The Secretary shall (b) SPECIFIC PROJECTS.—The projects to which non-Federal interest. undertake development and implementation of subsection (a) apply are— H11194 CONGRESSIONAL RECORD — HOUSE September 25, 1996 (1) the project for flood control, Buffalo SEC. 580. LOWER MUD RIVER, MILTON, WEST VIR- repay any portion of the grant upon the lease or Bayou Basin, Texas, authorized by section 203 GINIA. concession of the asset only if— of the Flood Control Act of 1954 (68 Stat. 1258); The Secretary shall conduct a limited reevalu- (1) ownership of the asset remains with the (2) the project for flood control, Buffalo ation of the watershed plan and the environ- entity that received the grant; and Bayou and tributaries, Texas, authorized by mental impact statement prepared for the Lower (2) the Administrator of the Environmental section 101(a) of the Water Resources Develop- Mud River, Milton, West Virginia, by the Natu- Protection Agency determines that the lease or ment Act of 1990 (104 Stat. 4610); and ral Resources Conservation Service pursuant to concession furthers the purposes of such Act (3) the project for flood control, Cypress the Watershed Protection and Flood Prevention and approves the lease or concession. Creek, Texas, authorized by section 3(a)(13) of Act (16 U.S.C. 1001 et seq.) and may carry out (b) LIMITATION.—The Administrator shall not the Water Resources Development Act of 1988 the project. approve a total of more than 5 leases and con- (102 Stat. 4014). SEC. 581. WEST VIRGINIA AND PENNSYLVANIA cessions under this section. SEC. 576. NEABSCO CREEK, VIRGINIA. FLOOD CONTROL. TITLE VI—EXTENSION OF EXPENDITURE The Secretary shall carry out a project for (a) IN GENERAL.—The Secretary may design AUTHORITY UNDER HARBOR MAINTE- flood control, Neabsco Creek Watershed, Prince and construct flood control measures in the NANCE TRUST FUND William County, Virginia, at an estimated total Cheat and Tygart River Basins, West Virginia, SEC. 601. EXTENSION OF EXPENDITURE AUTHOR- cost of $1,500,000. and the Lower Allegheny, Lower Monongahela, ITY UNDER HARBOR MAINTENANCE TRUST FUND. SEC. 577. TANGIER ISLAND, VIRGINIA. West Branch Susquehanna, and Juniata River Paragraph (1) of section 9505(c) of the Inter- (a) IN GENERAL.—The Secretary shall design Basins, Pennsylvania, at a level of protection nal Revenue Code of 1986 (relating to expendi- and construct a breakwater at the North Chan- sufficient to prevent any future losses to these tures from Harbor Maintenance Trust Fund) is nel on Tangier Island, Virginia, at a total cost communities from flooding such as occurred in January 1996, but no less than a 100-year level amended to read as follows: of $1,200,000, with an estimated Federal cost of ‘‘(1) to carry out section 210 of the Water Re- $900,000 and an estimated non-Federal cost of of flood protection. (b) PRIORITY COMMUNITIES.—In carrying out sources Development Act of 1986 (as in effect on $300,000. the date of the enactment of the Water Re- (b) COST-BENEFIT RATIO.—Congress finds that this section, the Secretary shall give priority to the communities of— sources Development Act of 1996),’’. in view of the historic preservation benefits re- And the House agree to the same. sulting from the project authorized by this sec- (1) Parsons and Rowlesburg, West Virginia, in tion, the overall benefits of the project exceed the Cheat River Basin; BUD SHUSTER, (2) Bellington and Phillipi, West Virginia, in the costs of the project. DON YOUNG, the Tygart River Basin; SEC. 578. PIERCE COUNTY, WASHINGTON. SHERWOOD BOEHLERT, (3) Connellsville, Pennsylvania, in the Lower JAMES L. OBERSTAR, (a) PROVISION OF TECHNICAL ASSISTANCE.— Monongahela River Basin; The Secretary shall provide technical assistance ROBERT A. BORSKI, (4) Benson, Hooversville, Clymer, and New Managers on the Part of the House. to Pierce County, Washington, to address meas- Bethlehem, Pennsylvania, in the Lower Alle- ures that are necessary to ensure that non-Fed- gheny River Basin; JOHN H. CHAFEE, eral levees are adequately maintained and sat- (5) Patton, Barnesboro, Coalport, and JOHN WARNER, isfy eligibility criteria for rehabilitation assist- Spangler, Pennsylvania, in the West Branch BOB SMITH, ance under section 5 of the Act entitled ‘‘An Act Susquehanna River Basin; and DANIEL PATRICK MOYNIHAN, authorizing the construction of certain public (6) Bedford, Linds Crossings, and Logan Managers of the Part of the Senate. works on rivers and harbors for flood control, Township in the Juniata River Basin. JOINT EXPLANATORY STATEMENT OF and for other purposes’’, approved August 18, (c) AUTHORIZATION OF APPROPRIATIONS.— THE COMMITTEE OF CONFERENCE 1941 (33 U.S.C. 701n; 55 Stat. 650). There is authorized to be appropriated to carry The managers on the part of the House and (b) PURPOSE OF ASSISTANCE.—The purpose of out this section $12,000,000. the Senate at the conference on the disagree- the assistance under this section shall be to pro- SEC. 582. SITE DESIGNATION. ing votes of the two Houses on the amend- vide a review of the requirements of the Puy- Section 102(c)(4) of the Marine Protection, Re- ment of the House to the bill (S. 640), to pro- allup Tribe of Indians Settlement Act of 1989 (25 search, and Sanctuaries Act of 1972 (33 U.S.C. vide for the conservation and development of U.S.C. 1773 et seq.; 103 Stat. 83) and standards 1412(c)(4)) is amended— water and related resources, to authorize the for project maintenance and vegetation manage- (1) by inserting after ‘‘for a site’’ the follow- Secretary of the Army to construct various ment used by the Secretary in order to determine ing: ‘‘(other than the site located off the coast projects for improvements to rivers and har- eligibility for levee rehabilitation assistance of Newport Beach, California, which is known bors of the United States, and for other pur- and, if appropriate, to amend such standards as as ‘LA-3’)’’; and poses, submit the following joint statement needed to make non-Federal levees eligible for (2) by adding at the end the following: ‘‘Be- to the House and the Senate in explanation assistance that may be necessary as a result of ginning January 1, 2000, no permit for dumping of the effect of the action agreed upon by the future flooding. pursuant to this Act or authorization for dump- managers and recommended in the accom- SEC. 579. GREENBRIER RIVER BASIN, WEST VIR- ing under section 103(e) shall be issued for the panying conference report: GINIA, FLOOD PROTECTION. site located off the coast of Newport Beach, The House amendment struck all of the (a) IN GENERAL.—The Secretary may design California, which is known as ‘LA-3’, unless Senate bill after the enacting clause and in- and implement a flood damage reduction pro- such site has received a final designation pursu- serted a substitute text. gram for the Greenbrier River Basin, West Vir- ant to this subsection or an alternative site has The Senate recedes from its disagreement ginia, in the vicinity of Durbin, Cass, been selected pursuant to section 103(b).’’. to the amendment of the House with an Marlinton, Renick, Ronceverte, and Alderson as amendment that is a substitute for the Sen- SEC. 583. LONG ISLAND SOUND. generally presented in the District Engineer’s ate bill and the House amendment. The dif- Section 119(e) of the Federal Water Pollution draft Greenbrier River Basin Study Evaluation ferences between the Senate bill, the House Control Act (33 U.S.C. 1269(e)) is amended by Report, dated July 1994, to the extent provided amendment, and the substitute agreed to in striking ‘‘1996’’ each place it appears and insert- under subsection (b) to afford such communities conference are noted below, except for cleri- ing ‘‘2001’’. a level of protection against flooding sufficient cal corrections, conforming changes made to reduce future losses to such communities from SEC. 584. WATER MONITORING STATION. necessary by agreements reached by the con- the likelihood of flooding such as occurred in (a) ASSISTANCE.—The Secretary shall provide ferees, and minor drafting and clerical November 1985, January 1996, and May 1996. assistance to non-Federal interests for recon- changes. (b) FLOOD PROTECTION MEASURES.—The flood struction of the water monitoring station on the TITLE I—WATER RESOURCES PROJECTS North Fork of the Flathead River, Montana. damage reduction program referred to in sub- SEC. 101. PROJECT AUTHORIZATIONS (b) FUNDING.—There is authorized to be ap- section (a) may include the following as the 101(a) Projects with Chief’s reports Chief of Engineers determines necessary and ad- propriated to carry out this section $50,000. SEC. 585. OVERFLOW MANAGEMENT FACILITY. 101(a)(1) American River Watershed, Califor- visable in consultation with the communities re- nia.—House § 101(a)(1), Senate § 101(b)(3)— ferred to in subsection (a): (a) ASSISTANCE.—The Secretary shall provide assistance to the Narragansett Bay Commission Senate recedes with an amendment to para- (1) Local protection projects such as levees, graphs (A) & (D). for the construction of a combined river over- floodwalls, channelization, small tributary 101(a)(2) Humboldt Harbor and Bay, Califor- flow management facility in Rhode Island. stream impoundments, and nonstructural meas- nia.—House § 101(a)(6), Senate § 101(a)(1)— (b) FUNDING.—There is authorized to be ap- ures such as individual floodproofing. Senate recedes. (2) Floodplain relocations and resettlement propriated to carry out this section $30,000,000. 101(a)(3) Marin County Shoreline, San Rafael, site developments, floodplain evacuations, and a SEC. 586. PRIVATIZATION OF INFRASTRUCTURE California.—House § 101(a)(5), Senate comprehensive river corridor and watershed ASSETS. § 101(a)(2)—Senate recedes with an amend- management plan generally in accordance with (a) IN GENERAL.—Notwithstanding the provi- ment. the District Engineer’s draft Greenbrier River sions of title II of the Federal Water Pollution 101(a)(4) Port of Long Beach (Deepening), Corridor Management Plan, Concept Study, Control Act (33 U.S.C. 1281 et seq.), Executive California.—House § 101(b)(5), Senate § 104(d)— dated April 1996. Order 12803, or any other law or authority, an Senate recedes with an amendment. (c) AUTHORIZATION OF APPROPRIATIONS.— entity that received Federal grant assistance for 101(a)(5) San Lorenzo River, California.— There is authorized to be appropriated to carry an infrastructure asset under the Federal Water House § 101(a)(2), Senate § 101(a)(3)—House re- out this section $12,000,000. Pollution Control Act shall not be required to cedes with an amendment. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11195 101(a)(6) Santa Barbara Harbor, California.— cluded in order to assure that projects an- 102(13) River Des Peres, St. Louis County, House § 101(a)(3), Senate § 101(a)(4)—Senate ticipated to satisfy the necessary technical Missouri.—House § 102(a)(13), no comparable recedes. documentation by December 31, 1996 are not Senate section—Senate recedes. 101(a)(7) Santa Monica Breakwater, Califor- delayed until the next authorization bill. 102(14) Malta, Montana.—Senate § 215, no nia.—House § 101(a)(4), Senate § 101(b)(4)— The Corps of Engineers has advised in each comparable House section—House recedes Senate recedes with an amendment. case that the final reports can be completed with an amendment. 101(a)(8) Anacostia River and Tributaries, by the end of 1996. The Corps is directed to 102(15) Buffalo Creek, Erie County, New District of Columbia and Maryland.—House expedite final review on these projects so York.—House § 102(a)(14), no comparable Sen- § 101(a)(7), Senate § 101(a)(5)—Senate recedes. that further congressional action will not be ate section—Senate recedes. 101(a)(9) Atlantic Intracoastal Waterway, St. necessary. 102(16) Cazenovia Creek, Erie County, New Johns County, Florida.—House § 101(a)(8), Sen- 101(b)(1) Chignik, Alaska.—House § 101(b)(1), York.—House § 102(a)(15), no comparable Sen- ate § 101(a)(6)—Senate recedes. Senate § 101(b)(1)—House recedes. ate section—Senate recedes. 101(a)(10) Cedar Hammock (Wares Creek), 101(b)(2) Cook Inlet, Alaska.—House 102(17) Cheektowaga, Erie County, New Florida.—House § 535, non comparable Senate § 101(b)(2), Senate § 101(b)(2)—House recedes. York.—House § 102(a)(16), no comparable Sen- section—Senate recedes with an amendment. 101(b)(3) St. Paul Island Harbor, St. Paul, ate section—Senate recedes. Alaska.—House § 101(b)(3), no comparable 101(a)(11) Lower Savannah River Basin, Geor- 102(18) Fulmer Creek, Village of Mohawk, Senate section—Senate recedes. gia and South Carolina.—House § 101(b)(11), New York.—House § 102(a)(17), no comparable 101(b)(4) Norco Bluffs, Riverside County, Cali- Senate § 101(b)(5)—House recedes with an Senate section—Senate recedes. amendment. fornia.—House § 101(b)(4), no comparable Sen- 102(19) Moyer Creek, Village of Frankfort, 101(a)(12) Lake Michigan, Illinois.—House ate section—Senate recedes. New York.—House § 102(a)(18), no comparable § 101(a)(9), Senate § 101(a)(7)—Senate recedes. 101(b)(5) Terminus Dam, Kaweah River, Cali- Senate section—Senate recedes. 101(a)(13) Kentucky Lock and Dam, Tennessee fornia.—House § 101(b)(6), no comparable Sen- 102(20) Sauquoit Creek, Whitesboro, New River, Kentucky.—House § 101(a)(10), Senate ate section—Senate recedes. York.—House § 102(a)(19), no comparable Sen- § 101(a)(8)—Senate recedes. 101(b)(6) Rehoboth Beach and Dewey Beach, ate section—Senate recedes. 101(a)(14) Pond Creek, Jefferson County, Ken- Delaware.—House § 101(b)(7), no comparable tucky.—House § 101(a)(11), Senate § 101(a)(9)— Senate section—Senate recedes. 102(21) Steele Creek, Village of Ilion, New Senate recedes. 101(b)(7) Brevard County, Florida.—House York.—House § 102(a)(20), no comparable Sen- 101(a)(15) Wolf Creek Dam and Lake Cum- § 101(b)(8), no comparable Senate section— ate section—Senate recedes. berland, Kentucky.—House § 101(a)(12), Senate Senate recedes. 102(22) Willamette River, Oregon.—House § 101(a)(10)—Senate recedes. 101(b)(8) Lake Worth Inlet, Florida.—House § 102(a)(21), Senate § 104(t)—Senate recedes. 101(a)(16) Port Fourchon, LaFourche Parish, § 101(b)(10), no comparable Senate section— SEC. 103. SMALL BANK STABILIZATION PROJECTS Senate recedes with an amendment. Louisiana.—House § 101(a)(13), Senate House § 103, no comparable Senate sec- § 101(a)(11)—Senate recedes. 101(b)(9) Miami Harbor Channel, Florida.— House § 101(b)(9), no comparable Senate sec- tion—Senate recedes with an amendment. 101(a)(17) West Bank of the Mississippi River, 103(1) St. Joseph River, Indiana.—House New Orleans (East of Harvey Canal), Louisi- tion—Senate recedes. 101(b)(10) New Harmony, Indiana.—Senate § 103(1), no comparable Senate section—Sen- ana.—House § 101(a)(14), Senate § 101(a)(12)— ate recedes with an amendment. Senate recedes. § 101(b)(6), no comparable House section— 103(2) Allegheny River at Oil City, Pennsylva- 101(a)(18) Blue River Basin, Kansas City, Mis- House recedes with an amendment. nia.—House § 103(2), no comparable Senate souri.—No comparable House or Senate sec- 101(b)(11) Westwego to Harvey Canal, Louisi- section—Senate recedes. tion. ana.—House § 337, Senate § 102(a)—House re- 103(3) Cumberland River, Nashville, Ten- 101(a)(19) Wood River, Grand Island, Ne- cedes with an amendment. nessee.—House § 103(3), no comparable Senate braska.—House § 101(a)(15), Senate 101(b)(2) Chesapeake and Delaware Canal, section—Senate recedes. § 101(a)(14)—Senate recedes. Maryland and Delaware.—Senate § 101(b)(7), 101(a)(20) Las Cruces, New Mexico.—House no comparable House section—House recedes SEC. 104. SMALL NAVIGATION PROJECTS § 101(a)(16), Senate § 101(b)(9)—Senate recedes. with an amendment. 101(b)(13) Absecon Island, New Jersey.— House § 104, no comparable Senate sec- 101(a)(21) Atlantic Coast of Long Island, New House § 101(b)(12), no comparable Senate sec- tion—Senate recedes with an amendment. York.—House § 101(a)(17), Senate § 101(a)(15)— tion—Senate recedes. 104(1) Akutan, Alaska.—House § 104(1), no House recedes with an amendment. comparable Senate section—Senate recedes. SEC. 102. SMALL FLOOD CONTROL PROJECTS 101(a)(22) Cape Fear-Northeast (Cape Fear) 104(2) Illinois and Michigan Canal, Illinois.— Rivers, North Carolina.—House § 101(b)(13), House § 102(a), no comparable Senate sec- House § 327, no comparable Senate section— Senate § 101(b)(10)—House recedes with an tion—Senate recedes with an amendment. Senate recedes with an amendment. 102(1) South Upland, San Bernadino County, amendment. 104(3) Grand Marais Harbor Breakwater, California.—House § 102(a)(1), no comparable 101(a)(23) Wilmington Harbor, Cape Fear Michigan.—House § 104(2), no comparable Sen- Senate section—Senate recedes. River, North Carolina.—House § 101(b)(18), Sen- ate section—Senate recedes. 102(2) Birds, Lawrence County, Illinois.— ate § 101(a)(16)—Senate recedes. 104(4) Duluth, Minnesota.—House § 104(3), no House § 102(a)(2), no comparable Senate sec- 101(a)(24) Duck Creek, Cincinnati, Ohio.— comparable Senate section—Senate recedes. House § 101(a)(19), Senate § 101(a)(17)—Senate tion—Senate recedes. 104(5) Taconite, Minnesota.—House § 104(4), recedes. 102(3) Bridgeport, Lawrence County, Illi- no comparable Senate section—Senate re- 101(a)(25) Willamette River Temperature Con- nois.—House § 102(a)(3), no comparable Senate cedes trol, McKenzie Subbasin, Oregon.—House section—Senate recedes. 104(6) Two Harbors, Minnesota.—House § 101(a)(20), Senate § 222—Senate recedes. 102(4) Embarras River, Villa Grove, Illinois.— § 104(5), no comparable Senate section—Sen- 101(a)(26) Rio Grande de Arecibo, Puerto House § 102(a)(4), no comparable Senate sec- ate recedes. Rico.—House § 101(a)(21), no comparable Sen- tion—Senate recedes. ate section—Senate recedes. 102(5) Frankfort, Will County, Illinois.— 104(7) Caruthersville Harbor, Pemiscot Coun- 101(a)(27) Charleston Harbor, South Caro- House § 102(a)(5), no comparable Senate sec- ty, Missouri.—House § 104(6), no comparable lina.—House § 101(a)(22), Senate § 101(b)(11)— tion—Senate recedes. Senate section—Senate recedes. Senate recedes. 102(6) Sumner, Lawrence County, Illinois.— 104(8) New Madrid County Harbor, Mis- 101(a)(28) Big Sioux River and Skunk Creek, House § 102(a)(6), no comparable Senate sec- souri.—House § 104(7), no comparable Senate Sioux Falls, South Dakota.—House § 101(a)(23), tion—Senate recedes. section—Senate recedes. Senate § 101(a)(18)—Senate recedes. 102(7) Vermillion River, Demonade Park, La- 104(9) Brooklyn, New York.—House § 104(8), 101(a)(29) Gulf Intracoastal Waterway, Aran- fayette, Louisiana.—House § 102(a)(7), no com- no comparable Senate section—Senate re- sas National Wildlife Refuge, Texas.—House parable Senate section—Senate recedes. cedes. § 101(a)(25)—no comparable Senate section— 102(8) Vermillion River, Quail Hollow Subdivi- 104(10) Buffalo Inner Harbor, Buffalo, New Senate recedes. sion, Lafayette, Louisiana.—House § 102(a)(8), York.—House § 104(9), Senate § 104(o)—Senate 101(a)(30) Houston-Galveston Navigation no comparable Senate section—Senate re- recedes with an amendment. Channels, Texas.—House § 101(a)(26), Senate cedes. 104(11) Glenn Cove Creek, New York.—House § 101(a)(19)—House recedes with an amend- 102(9) Kawkawlin River, Bay County, Michi- § 104(10), no comparable Senate section—Sen- ment. gan.—House § 102(a)(9), no comparable Senate ate recedes. 101(a)(31) Marmet Lock, Kanawha River, section—Senate recedes. 104(12) Union Ship Canal, Buffalo and Lacka- West Virginia.—House § 101(a)(27), Senate 102(10) Whitney Drain, Arenac County, wanna, New York.—House § 104(11), no com- § 101(a)(21)—Senate recedes. Michigan.—House § 102(a)(10), no comparable parable Senate section—Senate recedes. Senate section—Senate recedes. 101(b) Projects subject to report 102(11) Festus and Crystal City, Missouri.— SEC.105. SMALL SHORELINE PROTECTION The conference report includes project au- House § 102(a)(11), no comparable Senate sec- PROJECTS thorizations for which the Chief of Engineers tion—Senate recedes. House § 105, no comparable Senate section. has not yet completed a final report, but for 102(12) Kimmswick, Missouri.—House 105 Small Shoreline Protection Projects.— which such reports are anticipated by De- § 102(a)(12), no comparable Senate section— House § 105(a), no comparable Senate sec- cember 31, 1996. These projects have been in- Senate recedes. tion—Senate recedes with an amendment. H11196 CONGRESSIONAL RECORD — HOUSE September 25, 1996 105(1) Fort Pierce, Florida.—House § 105(a)(2), tion. Such consideration should include wa- pating with the Corps in feasibility studies. no comparable Senate section—Senate re- tershed management, wetlands restoration, The provision allows that, except in limited cedes. elevation, and relocation. The Corps is also circumstances, study costs in excess of the 105(2) Sylvan Beach Breakwater, Verona, encouraged to explore alternatives which amount specified in the feasibility cost-shar- Oneida County, New York.—House § 105(a)(4), may be implemented by others, beyond the ing agreement may be repaid by the non- no comparable Senate section—Senate re- authority of the Corps. Examples of such al- Federal study sponsor after the project is au- cedes. ternatives include changes in zoning or de- thorized for construction. The Corps is ex- SEC. 106. SMALL SNAGGING AND SEDIMENT RE- velopment patterns by local officials. Be- pected to improve its procedures for prepar- MOVAL PROJECT, MISSISSIPPI RIVER, LITTLE cause the Corps has no authority to imple- ing study cost estimates and to work with FALLS, MINNESOTA ment such recommendations, such options non-Federal study sponsors as full partners are generally not explored or displayed in in the development and conduct of studies. House § 106, no comparable Senate sec- Corps study documents. However, such alter- It has been brought to the attention of the tion—Senate recedes with an amendment. natives could, in some cases, result in a more conference committee that the Corps is ad- SEC. 107. SMALL PROJECTS FOR IMPROVEMENT effective flood protection program at re- ministratively shortening the period allowed OF THE ENVIRONMENT duced cost to both Federal and non-Federal for reconnaissance studies and is requiring House § 107, no comparable Senate sec- interests. its field offices to complete such studies for tion—Senate recedes with an amendment. Such alternatives are consistent with cur- $100,000. While the Corps’ desire to expedite 107(1) Pine Flat Dam, California.—No House rent approaches to flood control and recent the planning process is admirable, it is be- comparable section, Senate § 312(b)—House congressional actions related to reducing lieved that there are potential shortcomings recedes with an amendment. Federal expenditures for flooding. For exam- in this approach. First, it may reduce the 107(2) Upper Truckee River, El Dorado Coun- ple, Congress enacted the Hazard Mitigation amount of information available to potential ty, California.—House § 107(1), no comparable and Flood Damage Reduction Act of 1993, in non-Federal feasibility study sponsors on the Senate section—Senate recedes. direct response to the disastrous flooding in likelihood of feasible and acceptable project 107(3) Whittier Narrows Dam, California.— the Midwest in 1993. This law allows for in- alternatives. Second, it potentially increases House § 107(3), no comparable Senate sec- creased use of relocation in response to the amount of time, effort and funds that tion—Senate recedes. flooding. It would be prudent for the Corps to will be required in the cost-shared feasbility 107(4) Lower Amazon Creek, Oregon.—Senate also increase its review of nonstructural al- study. Third, the policy may not be flexible § 312(c), no comparable House section—House ternatives prior to flooding. enough to address those water resources is- recedes with an amendment. The conferees on the part of the House sues that are complex or geographically 107(5) Ashley Creek, Utah.—House § 104(y), have receded to the Senate and deleted sub- broad. Implementing any policy that has a no comparable Senate section—House re- section 202(f) of the House bill. Subsection (f) high likelihood of increasing non-Federal cedes with an amendment. would have amended section 73 of the Water costs, but whose effect on shortening the 107(6) Upper Jordan River, Salt Lake County, Resources Development Act of 1974 to place a overall study process is speculative, would Utah.—House § 107(4), no comparable Senate greater emphasis on including proposals for not serve the long-term infrastructure needs section—Senate recedes. nonstructural alternatives to reduce or pre- of the Nation. The Corps is to address these TITLE II—GENERAL PROVISIONS vent flood damages in the surveying, plan- concerns as it implements the policy. ning or design of projects for flood protec- SEC. 201 COST SHARING FOR DREDGED MATERIAL SEC. 204 RESTORATION OF ENVIRONMENTAL tion. QUALITY DISPOSAL AREAS 202(a) Flood Control Cost Sharing.—House House § 204, Senate § 312—Senate recedes. House § 201, Senate § 336—Senate Recedes § 202, Senate § 337—Senate recedes with an with an amendment to Subsections (d) and amendment. SEC. 205 ENVIRORNMENTAL DREDGING (g). 202(b) Ability to Pay.—House § 202(b)—Sen- House § 205, Senate § 313—Senate recedes This section assures a consistent approach ate recedes with an amendment. with an amendment. to the Federal and non-Federal responsibil- The continuing problem of non-Federal SEC. 206 AQUATIC ESOSYSTEM RESTORATION ities for providing dredged material disposal project sponsors’ ability to provide the re- House §206, no comparable Senate section— areas. By requiring the same cost sharing for quired cost sharing for flood control projects Senate recedes with an amendment. disposal activities, whether they involve has been addressed by this legislation. First open water discharge or discharge into con- enacted in the Water Resources Development SEC. 207 BENEFICIAL USES OF DREDGED fined sites or similar methods, non-Federal act (WRDA) of 1986 and modified in WRDAs MATERIAL project sponsors will have greater certainty of 1990 and 1992, the Corps of Engineers has House § 207, no comparable Senate sec- regarding their cost sharing responsibilities implemented congressional direction con- tion—Senate recedes with an amendment. during project development. Importantly, cerning ability-to-pay in a manner that has SEC. 208 RECREATION POLICY AND USER FEES this section will result in benefits to the resulted in little assistance to financially 208(a) Recreation Policy.—House § 208(a), no aquatic environment by reducing inordinate distressed communities in need of relief from comparable Senate section—Senate recedes. pressure for open water disposal, which may flooding. Section 202 addresses this problem 208(b) User Fees.—House § 208(b), Senate be less costly but may, in some cases, not be with specific guidance to the Secretary. It is § 332—House recedes with an amendment. preferable from an environmental point of essential that prudent, yet meaningful abil- 208(c) Alternative to Annual Passes.—House view. ity-to-pay procedures to implemented. This § 505, no comparable Senate section—Senate To address situations in which projects in- is especially important in light of the in- recedes with an amendment. volving dredged material disposal facilities crease in the non-Federal share of project SEC. 209 RECOVERY OF COSTS could be inadvertently disadvantaged by the costs for future project authorizations that provisions of this section, the section in- is provided for in section 202. The Secretary’s House § 209, Senate § 341—Senate recedes. cludes a provision that assures that no in- progress in implementing this section. SEC. 210 COST SHARING FOR ENVIRONMENTAL crease in non-Federal costs will result from 202(c) Flood Plain Management Plans.— PROJECTS its application. Among the projects that will House § 202(c), no comparable Senate sec- House § 210, Senate § 301—Senate recedes not have their non-Federal share increased tion—Senate recedes with an amendment. with an amendment. are the modification or enlargement of exist- 202(d) Nonstructural Flood Control Policy.— SEC. 211 CONSTRUCTION OF FLOOD CONTROL ing confined dredged material disposal facili- House § 202(d), no comparable Senate sec- PROJECTS BY NON-FEDERAL INTERESTS ties at Norfolk Harbor, Virginia; Cleveland tion—Senate recedes. Harbor, Ohio and Green Bay Harbor, Wiscon- 202(e) Emergency Response.—House § 202(e), House § 211, no comparable Senate sec- sin. no comparable Senate section—Senate re- tion—Senate recedes with an amendment to Subsections (e), (f), and (g). SEC. 202 FLOOD CONTROL POLICY cedes. SEC. 212 ENGINEERING AND ENVIRONMENTAL House § 202, no comparable Senate sec- 202(f) Levee Owners Manual.—Senate § 316, INNOVATIONS OF NATIONAL SIGNIFICANCE tion—Senate recedes with an amendment. no comparable House section—House recedes The conferees have included several provi- with an amendment. House § 212, no comparable Senate sec- 202(g) Vegetation Management Guidelines.— sions in section 202 which modify the flood tion—Senate recedes with an amendment. No comparable House of Senate section. control program of the Corps of Engineers, 213 LEASE AUTHORITY 202(h) Risk-Based Analysis Methodology.— reflecting an evolution in national flood con- House § 213, no comparable Senate sec- Senate § 317, no comparable House section— trol policy. The conferees have deleted the tion—Senate recedes. House recedes with an amendment. provision in the House bill to allow addi- SEC. 214 COLLABORATIVE RESEARCH AND SEC. 203 COST SHARING FOR FEASIBILITY tional review of the proposal without preju- DEVELOPMENT dice to its substance. The conferees expect STUDIES House § 214, Senate § 302—Senate recedes. the Corps to continue to consider non- House § 203, Senate § 314—Senate recedes structural alternatives as required by exist- with an amendment. SEC. 215 NATIONAL DAM SAFETY PROGRAM ing law, and encourage the Corps to improve This section addresses the chronic problem House § 215, Senate § 303—House recedes its efforts at considering nonstructural al- of excessive, unpredictable cost increases with an amendment to Subsections (a), (b) ternatives in its project study and formula- that non-Federal sponsors incur in partici- and (c). September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11197 This section reflects a comprehensive ini- The conferees on the part of the House cluded language directing the Secretary not tiative for improving the safety of the Na- have receded to the Senate on House amend- to reduce the availability and utilization of tion’s dams with a flexible, non-regulatory ment section 581, Huntington, West Virginia. Federal hopper dredge vessels on the Pacific approach to dam safety issues. By providing That section would have authorized the Sec- and Atlantic coasts of the United States to financial incentives for training, research, retary to enter into a cooperative agreement meet the navigation dredging needs. and data collection and by facilitating inter- with Marshall University to provide tech- TITLE III—PROJECT RELATED PROVISIONS governmental coordination and the exchange nical assistance to the Center for Environ- SEC. 301 PROJECT MODIFICATIONS of information, state and local governments mental, Geotechnical and Applied Sciences. and non-governmental entities will be better The new authority for the Secretary con- Sec. 301(a) Projects with reports equipped to address dam safety issues. This tained in section 229, Support of Army Civil 301(a)(1) San Francisco River at Clifton, Ari- section does not affect Federal responsibil- Works Program, is sufficient to allow the zona.—House § 305, Senate § 102(b)—Senate re- ities relating to the construction or oper- Secretary to enter into the agreement con- cedes. ation of dams, or to the regulation, permit- templated by House section 581. Therefore, 301(a)(2) Oakland Harbor, California.—House ting or licensing of dams, by the Corps of En- the Secretary is directed to pursue an appro- § 309, Senate § 102(d)—Senate recedes with an gineers, the Bureau of Reclamation, the Ten- priate cooperative agreement with Marshall amendment. nessee Valley Authority, the Federal Energy University under section 229 as expeditiously 301(a)(3) San Luis Rey, California.—House Regulatory Commission, or other Federal as practicable. § 311, no comparable Senate section—Senate recedes. agencies. SEC. 230 BENEFITS TO NAVIGATION 301(a)(4) Potomac River, Washington, District SEC. 216 HYDROELECTRIC POWER PROJECT House § 231, no comparable Section sec- of Columbia.—House § 313, no comparable Sen- UPRATING tion—Senate recedes. ate section—Senate recedes. House § 216, Senate § 304—House recedes. SEC. 231 LOSS OF LIFE PREVENTION 301(a)(5) North Branch of Chicago River, Illi- SEC. 217 DREDGED MATERIAL DISPOSAL House § 232, no comparable Senate sec- nois.—House § 326, Senate § 102(i)—Senate re- FACILITIES PARTNERSHIPS tion—Senate recedes with an amendment. cedes with an amendment. House § 218, no comparable Senate sec- 301(a)(6) Halstead, Kansas.—House § 328, SEC. 232 SCENIC AND AESTHETIC tion—Senate recedes with an amendment to Senate § 102(j)—Senate recedes. CONSIDERATIONS Subsection (c). 301(a)(7) Cape Girardeau, Missouri.—House House § 233, no comparable Senate sec- SEC. 218 OBSTRUCTION REMOVAL REQUIREMENT § 342, Senate § 102(r)—Senate recedes with an tion—Senate recedes. House § 219, Senate § 315—Senate recedes. amendment. SEC. 233 TERMINATION OF TECHNICAL ADVISORY 301(a)(8) Molly Ann’s Brook, New Jersey.— SEC. 219 SMALL PROJECT AUTHORIZATIONS COMMITTEE House § 346, no comparable Senate section— House § 220, no comparable Senate sec- House 236, Senate § 307—House recedes. Senate recedes. tion—Senate recedes with an amendment. 301(a)(9) Ramapo River at Oakland, New Jer- SEC. 234. INTERAGENCY AND INTERNATIONAL SEC. 220 UNECONOMICAL COST-SHARING sey.—House § 348, no comparable Senate sec- SUPPORT AUTHORITY REQUIREMENTS tion—Senate recedes. House § 221, Senate § 339—Senate recedes. Senate §311, no comparable House section— 301(a)(10) Wilmington Harbor—Northeast House recedes with an amendment. SEC. 221 PLANNING ASSISTANCE TO STATES Cape Fear River, North Carolina.—House § 353, SEC. 235 SENSE OF CONGRESS; REQUIREMENT Senate § 102(v)—Senate recedes. House § 222, Senate § 340—Senate recedes. REGARDING NOTICE 301(a)(11) Saw Mill Run, Pennsylvania.— SEC. 222 CORPS OF ENGINEERS EXPENSES House § 235, no comparable Senate sec- House § 362, Senate § 102(z)—Senate recedes. House §223, Senate §309—Senate recedes. tion—Senate recedes. 301(a)(12) San Juan Harbor, Puerto Rico.— SEC. 223 STATE AND FEDERAL AGENCY REVIEW House § 366, no comparable Senate section— SEC. 236 TECHNICAL CORRECTIONS PERIOD Senate recedes. House § 237, Senate § 347—House recedes. House § 224, Senate § 335—Senate recedes. 301(a)(13) India Point Railroad Bridge, SEC. 237 HOPPER DREDGES Seekonk River, Providence, Rhode Island.— SEC. 224 SECTION 215 REIMBURSEMENT Senate § 102(cc), no comparable House sec- LIMITATION PER PROJECT House § 517, no comparable Senate sec- tion—Senate recedes with an amendment. tion—House recedes. 224(a) In General.—House § 225, Senate This section would establish a program to 301(a)(14) Upper Jordan River, Utah.—House § 338—Senate recedes. § 370, Senate § 102(gg)—House recedes. 224(b) Modification of Reimbursement Limita- increase the Corps use of private dredging tion for San Antonio River Authority.—House equipment by placing the federal dredge 301(b) Projects subject to reports § 574, Senate § 338(b)—House recedes. Wheeler in a ready reserve status. In imple- 301(b)(1) Alamo Dam, Arizona.—House § 302, menting the program, the Secretary would SEC. 225 MELALEUCA no comparable Senate section—Senate re- be required to develop and implement proce- cedes. House § 226, Senate § 319—House recedes dures to ensure that private hopper dredging 301(b)(2) Phoenix, Arizona.—House § 304, no with an amendment. capacity is available to meet routine and comparable Senate section—Senate recedes SEC. 226 SEDIMENTS DECONTAMINATION time-sensitive dredging needs. Although the with an amendment. TECHNOLOGY managers expect the private dredging indus- 301(b)(3) Glenn-Colusa, California.—House House § 227, Senate § 318—Senate recedes. try to be able to meet many navigation § 307, no comparable Senate section—Senate SEC. 227 SHORE PROTECTION needs, because the Wheeler will be in ready recedes. House § 228, Senate § 334—Senate recedes reserve status, the procedures should allow 301(b)(4) Rybee Island, Georgia.—House § 320, with amendments to Subsections (b) and (c). for the Wheeler to be placed into service no comparable Senate section—Senate re- This section addresses recent policy deci- within a few days of a need arising. Should cedes with an amendment. sions made by the Corps to reduce its role in an emergency situation arise in any region, 301(b)(5) Comite River, Louisiana.—House the implementation of projects designed to the program would allow for the Wheeler to § 331, Senate § 102(l)—Senate recedes. reduce shoreline erosion damages. Such be transferred from ready reserve status and 301(b)(6) Grand Isle and Vicinity, Louisi- projects are important to preserving eco- to be placed into service in a few days, rath- ana.—House § 332, no comparable Senate sec- nomic vitality of the Nation’s coastal areas. er than waiting for as much as two weeks, or tion—Senate recedes with an amendment. These projects provide essential protection longer, for one of the remaining Federal 301(b)(7) Red River Waterway, Louisiana.— against devastating storms and often yield dredges to be transferred to the area. House § 336, no comparable Senate section— substantial benefits to recreation as well. The Secretary would evaluate the results Senate recedes. Shore protection projects are subject to the of the program periodically by reporting to 301(b)(8) Red River Waterway, Mississippi same technical, environmental and economic the appropriate Congressional Committees River to Shreveport, Louisiana.—Senate § 102, analysis as other types of water resources on the impact of the program on private in- no comparable House section—House re- projects. While budget realities are of great dustry and Corps hopper dredge costs, re- cedes. concern, the Corps’ role in such projects sponsiveness, and capacity. 301(b)(9) Stillwater, Minnesota.—House § 341, should be arbitrarily end. The Corps is to Over the past ten years, the port commu- Senate § 102(q)—Senate recedes with an continue to pursue feasible projects on an nities in the Pacific Northwest and the Mid- amendment. equal footing with other water resources dle Atlantic have been heavily dependent on The conference agreement includes lan- projects. the Corps hopper dredges, the Yaquina, the guage which will allow for the expansion of Essayons, and the McFarland, respectively. the ongoing flood protection project in Still- SEC. 228 CONDITIONS FOR PROJECT These vessels are being used to meet the water, Minnesota. The non-Federal sponsor DEAUTHORIZATIONS navigation dredging needs of their respective has expressed concerns that the expansion of House § 229, Senate § 208—House recedes areas. As a consequence, these port commu- the project, and the need for the Corps to with an amendment. nities have expressed concern that the im- conduct an analysis of the expanded project, SEC. 229 SUPPORT OF ARMY CIVIL WORKS plementation of a program to increase the could cause a delay in implementing the pre- PROGRAM reliance on private industry dredges could viously authorized work. Unnecessary delay House § 230, Senate § 310—Senate recedes have an adverse effect on navigation. To re- in the previously authorized work is not in- with an amendment. assure these areas, the managers have in- tended. The Secretary is directed to continue H11198 CONGRESSIONAL RECORD — HOUSE September 25, 1996

expeditiously in the implementation of the SEC. 317 JACKSONVILLE HARBOR (MILL COVE), SEC. 336 BUFORD TRENTON IRRIGATION DISTRICT, previously authorized work during the anal- FLORIDA NORTH DAKOTA ysis related to the expanded project. House § 318, no comparable Senate sec- House § 354, Senate § 219—House recedes 301(b)(10) Joseph G. Minish Passaic River tion—Senate recedes with an amendment. with an amendment. Park, New Jersey.—House § 345, Senate SEC. 318 PANAMA CITY BEACHES, FLORIDA SEC. 337 RENO BEACH-HOWARDS FARM, OHIO § 102(t)—Senate recedes with an amendment. 301(b)(11) Arthur Kill, New York and New Jer- House §319, no comparable Senate section— House § 355, no comparable Senate sec- sey.—House § 350, no comparable Senate sec- Senate recedes with an amendment to Sub- tion—Senate recedes. tion—Senate recedes. section (b). SEC. 338 BROKEN BOW LAKE, RED RIVER BASIN, 301(b)(12) Kill Van Kull, New York and New SEC. 319 CHICAGO, ILLINOIS OKLAHOMA Jersey.—House § 352, Senate § 104(r). House § 322, no comparable Senate sec- Senate § 102(w), no comparable House sec- 301(b)(12)(A) Cost Increases.—Senate re- tion—Senate recedes. tion—House recedes with an amendment. cedes. 301(b)(12)(B) Continuation of Engineering and SEC. 320 CHICAGO LOCK AND THOMAS J. O’BRIEN SEC. 339 WISTER LAKE PROJECT, LEFLORE Design.—House recedes with an amendment. LOCK, ILLINOIS COUNTY, OKLAHOMA SEC. 302 MOBILE HARBOR, ALABAMA House § 323, no comparable Senate sec- House § 356, Senate § 221—House recedes. House § 301, Senate § 102(a)—Senate recedes. tion—Senate recedes. SEC. 340 BONNEVILLE LOCK AND DAM, COLUMBIA SEC. 303 NOGALES WASH AND TRIBUTARIES, SEC. 321 KASKASKIA RIVER, ILLINOIS RIVER, OREGON AND WASHINGTON ARIZONA House § 324, no comparable Senate sec- House § 357, Senate § 342—Senate recedes. House § 303, no comparable Senate sec- tion—Senate recedes. SEC. 341 COLUMBIA RIVER DREDGING, OREGON tion—Senate recedes. SEC. 322 LOCKS AND DAM 26, ALTON, ILLINOIS AND WASHINGTON SEC. 304 WHITE RIVER BASIN, ARKANSAS AND AND MISSOURI House § 358, Senate § 102(x)—Senate recedes. MISSOURI House § 325, no comparable Senate sec- SEC. 342 LACKAWANNA RIVER AT SCRANTON, Senate § 204, no comparable House sec- tion—Senate recedes. PENNSYLVANIA tion—House recedes. SEC. 323 WHITE RIVER, INDIANA House § 360, Senate § 104(u)—Senate recedes SEC. 305 CHANNEL ISLANDS HARBOR, CALIFORNIA House § 321, no comparable Senate sec- with an amendment. House § 306, no comparable Senate sec- tion—Senate recedes. SEC. 343 MUSSERS DAM, MIDDLE CREEK, SNYDER tion—Senate recedes with an amendment. SEC. 324 BAPTISTE COLLETTE BAYOU, LOUISIANA COUNTY, PENNSYLVANIA SEC. 306 LAKE ELSINORE, CALIFORNIA House § 335, Senate § 102(k)—House recedes. House § 361, no comparable Senate sec- House § 102(b)(1), Senate § 104(c)—Senate re- SEC. 325 LAKE PONTCHARTRAIN, LOUISANA tion—Senate recedes. cedes with an amendment. House § 333, no comparable Senate sec- SEC. 344 SCHUYLKILL RIVER, PENNSYLVANIA SEC. 307 LOS ANGELES AND LONG BEACH tion—Senate recedes. House § 363, no comparble Senate section— HARBORS, SAN PEDRO BAY, CALIFORNIA Senate recedes. SEC. 326 MISSISSIPPI RIVER-GULF OUTLET, House §308, Senate §102(c)—House recedes LOUISIANA SEC. 345 SOUTH CENTRAL PENNSYLVANIA with an amendment. Senate § 209, no comparable House sec- House § 364, no comparable Senate sec- SEC. 308 LOS ANGELES COUNTY DRAINAGE AREA, tion—Senate recedes. tion—Senate recedes with an amendment. CALIFORNIA SEC. 346 WYOMING VALLEY, PENNSYLVANIA House § 532, no comparable Senate sec- SEC. 327 TOLCHESTER CHANNEL, MARYLAND tion—Senate recedes. House § 338, Senate § 102(p)—Senate recedes. House § 365, Senate § 102(aa)—House re- cedes. SEC. 309 PRADO DAM, CALIFORNIA SEC. 328 CROSS VILLAGE HARBOR, MICHIGAN SEC. 347 ALLENDALE DAM, NORTH PROVIDENCE, House § 587, no comparable Senate sec- House § 503(a)(2), no comparable Senate tion—Senate recedes with an amendment to section—Senate recedes with an amendment. RHODE ISLAND Senate § 102(bb), no comparable House sec- Subsections (a), (b) and (c). SEC. 329 SAGINAW RIVER, MICHIGAN tion—House recedes. SEC. 310 QUEENSWAY BAY, CALIFORNIA House § 339, no comparable Senate sec- SEC. 348 NARRAGANSETT, RHODE ISLAND House § 310, no comparable Senate sec- tion—Senate recedes. House § 367, Senate § 223—Senate recedes. tion—Senate recedes with an amendment. SEC. 330 SAULT SAINTE MARIE, CHIPPEWA SEC. 311 SEVEN OAKS DAM, CALIFORNIA COUNTY, MICHIGAN SEC. 349 CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH CAROLINA House § 534, no comparable Senate sec- House § 340, no comparable Senate sec- tion—Senate recedes. tion—Senate recedes. House § 368, Senate § 327—House recedes SEC. 312 THAMES RIVER, CONNECTICUT This section modifies the project for navi- with an amendment. House § 312, Senate § 103(g)—House recedes gation at Sault Sainte Marie, Michigan, to SEC. 350 BUFFALO BAYOU, TEXAS with an amendment to Subsections (b) and require that portion of the non-Federal share House § 573, no comparable Senate sec- (c). which the Secretary determines is attrib- tion—Senate recedes with an amendment. utable to the use of the lock by vessels call- SEC. 313 CANAVERAL HARBOR, FLORIDA SEC. 351 DALLAS FLOODWAY EXTENSION, ing at Canadian ports be paid by the United House § 314, Senate § 101(f)—Senate recedes. DALLAS, TEXAS States. Appropriate and necessary action by SEC. 314 CAPTIVA ISLAND, FLORIDA the U.S. government to pursue reimburse- House § 369, Senate § 102(ee)—Senate re- House § 315, no comparable Senate sec- ment from Canada is strongly urged. The re- cedes with an amendment. tion—Senate recedes. maining portion of the non-Federal share SEC. 352 GRUNDY, VIRGINIA SEC. 315 CENTRAL AND SOUTHERN FLORIDA, shall be paid by the Great Lakes states pur- Senate §102(hh), no comparable House sec- CANAL 51 suant to an agreement which they enter into tion—House recedes. House § 316, Senate § 206—Senate recedes. with each other. The repayment of the non- SEC. 353 HAYSI LAKE, VIRGINIA This section modifies the project for flood Federal project cost is to be repaid over 50 House § 371, Senate § 102(jj)—Senate re- control for West Palm Beach Canal (Canal years or the expected life of the project, cedes. 51) to include authority for an enlarged whichever is shorter. SEC. 354 RUDEE INLET, VIRGINIA BEACH, storm water retention area and additional SEC. 331 ST. JOHNS BAYOU-NEW MADRID VIRGINIA work at Federal expense, in accordance with FLOODWAY, MISSOURI House § 372, sSenate § 226—Senate recedes. the Everglades Protection Project. This House § 344, no comparable Senate sec- project is essential to the overall Everglades tion—Senate recedes. SEC. 355 VIRGINIA BEACH, VIRGINIA restoration project because it will allow for House § 373, Senate § 227—House recedes. a greater availability of fresh water to one of SEC. 332 LOST CREEK, COLUMBUS, NEBRASKA the most degraded portions of the Ever- House § 102(b)(2), no comparable Senate SEC. 356 EAST WATERWAY, WASHINGTON glades. section—Senate recedes with an amendment. House § 374, no comparable Senate sec- In carrying out the activities authorized SEC. 333 PASSAIC RIVER, NEW JERSEY tion—Senate recedes. under this section, the Secretary of the House § 347, no comparable Senate sec- SEC. 357 BLUESTONE LAKE, WEST VIRGINIA Army is to work with the South Florida tion—Senate recedes. House § 375, no comparable Senate sec- Water Management District and the Indian tion—Senate recedes. Trail Water Control District to resolve the SEC. 334 ACEQUIAS IRRIGATION SYSTEM, NEW issue of flood control in a financially equi- MEXICO SEC. 358 MOOREFIELD, WEST VIRGINIA table manner consistent with each agency’s Senate § 102(u), no comparable House sec- House § 376, no comparable Senate sec- statutory authority. tion—House recedes with an amendment. tion—Senate recedes with an amendment. SEC. 316 CENTRAL AND SOUTHERN FLORIDA, SEC. 335 JONES INLET, NEW YORK SEC. 359 SOUTHERN WEST VIRGINIA CANAL 111 House § 351, no comparable Senate sec- House § 377, no comparable Senate sec- House § 317, Senate § 205–Senate recedes. tion—Senate recedes with an amendment. tion—Senate recedes with an amendment. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11199

SEC. 360 WEST VIRGINIA TRAILHEAD FACILITIES 364(22) Lorain Small Boat Basin, Lake Erie, SEC. 419 GRAND CALUMET RIVER, HAMMOND, House § 378, no comparable Senate sec- Ohio.—House § 501(21), no comparable Senate INDIANA tion—Senate recedes with an amendment. section—Senate recedes. House § 413, no comparable Senate sec- 364(23) Apponaug Cove, Rhode Island.— SEC. 361 KICKAPOO RIVER, WISCONSIN tion—Senate recedes. House § 501(22), Senate § 103(o)—House re- SEC. 420 INDIANA HARBOR CANAL, EAST CHICAGO, House § 379, Senate § 103(p)—Senate recedes cedes. with an amendment to subsections (b), (c), 364(24) Port Washington Harbor, Wisconsin.— LAKE COUNTY, INDIANA and (d). House § 501(23), no comparable Senate sec- House § 414, no comparable Senate sec- SEC. 362 TETON COUNTY, WYOMING tion—Senate recedes. tion—Senate recedes. House § 380, Senate § 102(kk)—Senate re- SEC. 365 MISSISSIPPI DELTA REGION, LOUISIANA SEC. 421 KOONTZ LAKE, INDIANA cedes. House § 334, no comparable Senate sec- House § 415, no comparable Senate sec- SEC. 363 PROJECT REAUTHORIZATIONS tion—Senate recedes with an amendment. tion—Senate recedes. 363(a) Grand Prairie Region and Bayou Meto SEC. 366 MONONGAHELA RIVER, PENNSYLVANIA SEC. 422 LITTLE CALUMET RIVER, INDIANA Basin, Arkansas.—House § 502(a), Senate No comparable House or Senate section. House § 416, no comparable Senate sec- § 201—Senate recedes with an amendment. TITLE IV—STUDIES tion—Senate recedes. 363(b) White River, Arkansas.—House SEC. 401 CORPS CAPABILITY STUDY, ALASKA SEC. 423 TIPPECANOE RIVER WATERSHED, § 502(b), no comparable Senate section—Sen- House § 401, no comparable Senate sec- INDIANA ate recedes. tion—Senate recedes with an amendment. 363(c) Des Plaines River, Illinois.—House House § 417, no comparable Senate sec- § 502(c), no comparable Senate section—Sen- SEC. 402 RED RIVER, ARKANSAS tion—Senate recedes. ate recedes. Senate § 104(a), no comparable House sec- SEC. 424 CALCASIEU RIVER, HACKBERRY, 363(d) Alpena Harbor, Michigan.—House tion—House recedes with an amendment. LOUISIANA § 502(d), no comparable Senate section—Sen- SEC. 403 MCDOWELL MOUNTAIN, ARIZONA House § 418, Senate § 104(k)—House recedes ate recedes. House § 402, no comparable Senate sec- with an amendment. 363(e) Ontonagon Harbor, Ontonagon County, tion—Senate recedes. SEC. 425 MORGANZA, LOUISIANA, TO GULF OF Michigan—House § 502(e), no comparable Sen- SEC. 404 NOGALES WASH AND TRIBUTARIES, MEXICO ate section—Senate recedes. ARIZONA 363(f) Knife River Harbor, Minnesota.—House House § 388, Senate § 104(bb)—House re- House § 403, no comparable Senate sec- § 502(f), no comparable Senate section—Sen- cedes. tion—Senate recedes. ate recedes. SEC. 426 HURON RIVER, MICHIGAN 363(g) Cliffwood Beach, New Jersey.—House SEC. 405 GARDEN GROVE, CALIFORNIA House § 419, no comparable Senate sec- § 502(g), Senate § 216—Senate recedes. House §404, no comparable Senate section— tion—Senate recedes with an amendment. Senate recedes. SEC. 364 PROJECT DEAUTHORIZATIONS SEC. 427 CITY OF NORTH LAS VEGAS, CLARK SEC. 406 MUGU LAGOON, CALIFORNIA 364(1) Branford Harbor, Connecticut.—House COUNTY, NEVADA § 501(1), Senate 103(a)—House recedes. House § 405, no comparable Senate sec- Senate § 104(l), no comparable House sec- 364(2) Bridgeport Harbor, Connecticut.— tion—Senate recedes. tion—House recedes. SEC. 407 MURRIETA CREEK, RIVERSIDE COUNTY, House § 501(2), Senate 103(b)—House recedes. SEC. 428 LOWER LAS VEGAS WASH WETLANDS, CALIFORNIA 364(3) Guilford Harbor, Connecticut.—House CLARK COUNTY, NEVADA § 501(3), Senate 103(c)—House recedes. Senate § 104(f), no comparable House sec- Senate § 104(m), no comparable House sec- 364(4) Mystic River, Connecticut.—House tion—House recedes. tion—House recedes with an amendment. § 501(5), no comparable Senate section—Sen- SEC. 408 PINE FLAT DAM FISH AND WILDLIFE SEC. 429 NORTHERN NEVADA ate recedes. HABITAT RESTORATION, CALIFORNIA 364(5) Norwalk Harbor, Connecticut.—House Senate § 104(g), no comparable House sec- Senate § 104(n), no comparable House sec- § 501(b), Senate § 103(d)—House recedes. tion—House recedes with an amendment. tion—House recedes. 364(6) Patchogue River, Westbrook, Connecti- SEC. 430 SACO RIVER, NEW HAMPSHIRE cut.—No comparable House or Senate sec- SEC. 409 SANTA YNEZ, CALIFORNIA House § 420, no comparable Senate sec- tion. House § 406, no comparable Senate sec- 364(7) Southport Harbor, Connecticut.—House tion—Senate recedes. tion—Senate recedes. § 501(7), Senate § 103(e)—House recedes. SEC. 410 SOUTHERN CALIFORNIA SEC. 431 BUFFALO RIVER GREENWAY, NEW YORK 364(8) Stony Creek, Connecticut.—House INFRASTRUCTURE House § 421, no comparable Senate sec- § 501(8), Senate § 103(f)—House recedes. House § 407, no comparable Senate sec- tion—Senate recedes with an amendment. 364(9) East Boothbay Harbor, Maine.—Senate tion—Senate recedes with an amendment. SEC. 432 COEYMANS, NEW YORK § 103(h), no comparable House section—House SEC. 411 STOCKTON, CALIFORNIA Senate §104(p), no comparable House sec- recedes. 411(a) Bear Creek Drainage and Mormon tion—House recedes. 364(10) Kennebunk River, Maine.—House Slough/Calaveras River.—Senate § 104(b) and § 501(9), no comparable Senate section—Sen- SEC. 433 NEW YORK BIGHT AND HARBOR STUDY (c), no comparable House section—House re- ate recedes. House § 556, no comparable Senate sec- cedes with an amendment. 364(11) York Harbor, Maine.—House § 501(10), tion—Senate recedes with an amendment. 411(b) Farmington Dam, California.—House Senate § 103(i)—House recedes. § 531, no comparable Senate section—Senate SEC. 434 PORT OF NEWBURGH, NEW YORK 364(12) Chelsea River, Boston Harbor, Massa- recedes with an amendment. House § 422, no comparable Senate sec- chusetts.—House § 501(11), no comparable Sen- tion—Senate recedes. ate section—Senate recedes. SEC. 412 YOLO BYPASS, SACRAMENTO-SAN 364(13) Cohasset Harbor, Massachusetts.— JOAQUIN DELTA, CALIFORNIA SEC. 435 PORT OF NEW YORK-NEW JERSEY House § 501(12), Senate § 103(j)—House re- House § 408, no comparable Senate sec- NAVIGATION STUDY cedes. tion—Senate recedes. House § 424, no comparable Senate sec- 364(14) Falmouth, Massachusetts.—House SEC. 413 WEST DADE, FLORIDA tion—Senate recedes. § 501(13), no comparable House section— Senate § 104(h), no comparable House sec- SEC. 436 SHINNECOCK INLET, NEW YORK House recedes. tion—House recedes with an amendment. Senate § 104(q), no comparable House sec- 364(15) Mystic River, Massachusetts.—House SEC. 414 SAVANNAH RIVER BASIN tion—House recedes with an amendment. § 501(14), Senate section—Senate recedes. COMPREHENSIVE WATER RESOURCES STUDY 364(16) Reserved Channel, Boston, Massachu- SEC. 437 CHAGRIN RIVER, OHIO setts.—House § 501(15), no comparable Senate Senate § 104(i), no comparable House sec- House § 425, no comparable Senate sec- section—Senate recedes. tion—House recedes with an amendment. tion—Senate recedes. SEC. 415 CHAIN OF ROCKS CANAL, ILLINOIS 364(17) Weymouth-Fore and Town Rivers, SEC. 438 CUYAHOGA RIVER, OHIO Massachusetts.—House § 501(16), no com- House § 409, no comparable Senate sec- House § 426, no comparable Senate sec- parable Senate section—Senate recedes. tion—Senate recedes with an amendment. tion—Senate recedes. 364(18) Cocheco River, New Hampshire.— SEC. 416 QUINCY, ILLINOIS SEC. 439 COLUMBIA SLOUGH, OREGON House §501(17), Senate §103(l)—House recedes. House § 410, no comparable Senate sec- 364(19) Morristown Harbor, New York.— tion—Senate recedes with an amendment. Senate § 104(s), no comparable House sec- House § 501(18), Senate § 103(m)—House re- tion—House recedes with an amendment. SEC. 417 SPRINGFIELD, ILLINOIS cedes. SEC. 440 CHARLESTON, SOUTH CAROLINA 364(20) Oswegatchie River, Ogdensburg, New House §411, no comparable Senate section— House § 427, Senate § 104(v)—House recedes. York.—House § 501(19), Senate § 103(n)—Senate Senate recedes with an amendment. recedes. SEC. 418 BEAUTY CREEK WATERSHED, SEC. 441 OAHE DAM TO LAKE SHARPE, SOUTH 364(21) Conneaut Harbor, Ohio.—House VALPARAISO CITY, PORTER COUNTY, INDIANA DAKOTA § 501(20), no comparable Senate section—Sen- House § 412, no comparable Senate sec- Senate § 104(w), no comparable House sec- ate recedes. tion—Senate recedes. tion—House recedes with an amendment. H11200 CONGRESSIONAL RECORD — HOUSE September 25, 1996

SEC. 442 MUSTANG ISLAND, CORPUS CHRISTI, 506(b)(3)(A) Lee County, Florida—House The House bill included three sections TEXAS § 519(3) no comparable Senate section—Sen- which addressed sediment management is- House § 428, Senate § 104(x)—Senate recedes. ate recedes with an amendment. sues in differing ways—Section 217: Long- 506(b)(3)(B) Palm Beach County, Florida— term Sediment Management Strategies; Sec- SEC. 443 PRINCE WILLIAM COUNTY, VIRGINIA House § 519(4), no comparable Senate sec- tion 423: Port of New York-New Jersey Sedi- House § 429, Senate § 104(z)—Senate recedes. tion—Senate recedes with an amendment. ment Study; and, Section 511: Great Lakes SEC. 444 PACIFIC REGION 506(b)(3)(C) Raritan Bay and Sandy Hook Sediment Reduction. The conference agree- House § 430, Senate § 104(aa)—Senate re- Bay, New Jersey—House § 349, no comparable ment combines these three sections into new cedes with an amendment. Senate section—Senate recedes with an section 516. In combining these sections, the amendment. SEC. 445 FINANCING OF INFRASTRUCTURE NEEDS managers have sought to avoid duplication 506(b)(3)(D) Fire Island Inlet, New York— OF SMALL AND MEDIUM PORTS in the provisions, but not to reduce the effec- Senate § 217, no comparable House section— tiveness of the provisions. House § 431, no comparable Senate sec- Senate recedes with an amendment. This section does not confer to or imply tion—Senate recedes with an amendment. SEC. 507 DESIGN AND CONSTRUCTION ASSISTANCE any new regulatory authority of the Corps of SEC. 446 EVALUATION OF BEACH MATERIAL House § 522, no comparable Senate sec- Engineers, the Environmental Protection House §584, no comparable Senate section— tion—Senate recedes with an amendment. Agency, or any other agency. Senate recedes with an amendment. SEC. 508 LAKES PROGRAM SEC. 517 EXTENSION OF JURISDICTION OF TITLE V—MISCELLANEOUS PROVISIONS House §507, no comparable Senate section— MISSISSIPPI RIVER COMMISSION, SEC. 501 LAND CONVEYANCES Senate recedes. House § 514, Senate § 322—Senate recedes. 501(a) Village Creek, Alabama.—No com- SEC. 509 MAINTENANCE OF NAVIGATION SEC. 518 SENSE OF CONGRESS REGARDING ST. parable House or Senate section. CHANNELS LAWRENCE SEAWAY TOLLS 501(b) Oakland Inner Harbor Tidal Canal House § 508, no comparable Senate sec- House § 586, no comparable Senate sec- Property, California.—House § 504(a), no com- tion—Senate recedes with an amendment. tion—Senate recedes. parable Senate section—Senate recedes with 509(1) Humboldt Harbor and Bay, Fields SEC. 519 RECREATION PARTNERSHIP INITIATIVE an amendment. Landing Channel, California—House § 508(1), House § 516, no comparable Senate sec- 501(c) Mariemont, Ohio.—House § 504(b), no no comparable Senate section—Senate re- tion—Senate recedes with an amendment. comparable Senate section—Senate recedes cedes. SEC. 520 FIELD OFFICE HEADQUARTERS with an amendment. 509(2) Mare Island Strait, California— FACILITIES 501(d) Pike Island Locks and Dam, Ohio.—No House § 508(2), no comparable Senate sec- House § 523, no comparable Senate sec- comparable House or Senate section. tion—Senate recedes with an amendment. 501(e) Shenango River Lake Project, Ohio.— 509(3) East Fork, Calcasieu Pass, Louisi- tion—Senate recedes. No comparable House or Senate section. ana—No comparable House or Senate sec- SEC. 521 EARTHQUAKE PREPAREDNESS CENTER 501(f) Eufaula Lake, Oklahoma.—House tion. OF EXPERTISE EXPANSION § 504(c), no comparable Senate section—Sen- 509(4) Mississippi River Ship Channel, House § 527, no comparable Senate sec- ate recedes. Chalmette Slip, Louisiana—House § 508(3), tion—Senate recedes with an amendment. 501(g) Boardman, Oregon.—House § 504(d), no Senate § 102(m)—Senate recedes. SEC. 522 JACKSON COUNTY, ALABAMA comparable Senate section—Senate recedes. 509(5) Greenville Inner Harbor Channel, House §526, no comparable Senate section— 501(h) Benbrook Lake, Texas.—No com- Mississippi—House § 508(4), Senate § 211—Sen- Senate recedes with an amendment. parable House or Senate section. ate recedes. 501(i) Tri-Cities Area, Washington.—House 509(6) New Madrid Harbor, Missouri—House SEC. 523 BENTON AND WASHINGTON COUNTIES, § 504(e), Senate § 344—Senate recedes with an § 343, no comparable Senate section—Senate ARKANSAS amendment. recedes with an amendment. House § 529, no comparable Senate sec- tion—Senate recedes. SEC. 502 NAMINGS 509(7) Providence Harbor Shipping Channel, Rhode Island—House § 508(5), Senate § 224— SEC. 524 HEBER SPRINGS, ARKANSAS 502(a) Milt Brandt Visitors Center, Califor- Senate recedes with an amendment. nia.—House § 505(a), no comparable Senate Senate § 202, no comparable House sec- 509(8) Matagorda Ship Channel, Point Com- tion—House recedes. section—Senate recedes. fort Turning Basin, Texas—House § 508(6), SEC. 525 MORGAN POINT, ARKANSAS 502(b) Carr Creek Lake, Kentucky.—House Senate § 102(ff)—Senate recedes. § 502(b), no comparable Senate section—Sen- 509(9) Corpus Christi Ship Channel, Rincon Senate § 203, no comparable House sec- ate recedes. Canal System, Texas—House § 508(7), Senate tion—House recedes with an amendment. 502(c) John T. Myers Lock and Dam, Indiana § 102(dd)—Senate recedes. SEC. 526 CALAVERAS COUNTY, CALIFORNIA and Kentucky.—House § 505(d), no comparable 509(10) Brazos Island Harbor, Texas—House House § 530, no comparable Senate sec- Senate section—Senate recedes. § 508(8), no comparable Senate section—Sen- tion—Senate recedes with an amendment to 502(d) J. Edward Rousch Lake, Indiana.— ate recedes. Subsections (a), (c), (d) and (e). House § 505(e), no comparable Senate sec- 509(11) Blair Waterway, Tacoma Harbor, This provision does not authorize direct tion—Senate recedes. Washington—House § 508(9), no comparable participation by the Corps of Engineers in 502(e) Russell B. Long Lock and Dam, Red Senate section—Senate recedes. the construction of projects to address water River Waterway, Louisiana.—House § 505(f), SEC. 510 CHESAPEAKE BAY ENVIRONMENTAL quality degradation cause by abandoned Senate § 321—Senate recedes. RESTORATION AND PROTECTION PROGRAM mines in the watershed of the lower 502(f) Locks and Dams on Tennesee— Mokelume River. Tombigbee Waterway—House § 505(h), Senate House § 513, Senate § 330—House recedes SEC. 527 FAULKNER ISLAND’S, MARYLAND § 345—House recedes with an amendment. with an amendment. SEC. 511 RESEARCH AND DEVELOPMENT PROGRAM House § 105(a)(1), Senate § 320—House re- SEC. 503 WATERSHED MANAGEMENT, TO IMPROVE SALMON SURVIVAL cedes. RESTORATION, AND DEVELOPMENT Senate §331, no comparable House section— SEC. 528 EVERGLADES AND SOUTH FLORIDA House § 506, no comparable Senate sec- House recedes. ECOSYSTEM RESTORATION tion—Senate recedes with an amendment to Senate § 207, no comparable House sec- Subsections (a)(d) and (e). SEC. 512 COLUMBIA RIVER TREATY FISHING ACCESS tion—House recedes with an amendment. SEC. 504 ENVIRONMENTAL INFRASTRUCTURE This section, and related sections authoriz- Senate § 343, no comparable House sec- ing Canal 51 and Canal 111 activities, author- House § 517, no comparable House section— tion—House recedes. Senate recedes. izes the restoration, preservation, and pro- SEC. 513 GREAT LAKES CONFINED DISPOSAL tection of the South Florida ecosystem. The SEC. 505 CORPS CAPABILITY TO CONSERVE FISH FACILITIES AND WILDLIFE provision requires the Secretary, in con- House § 512, no comparable Senate sec- sultation with the South Florida Ecosystem House § 518, no comparable House section— tion—Senate recedes with an amendment. Restoration Task Force (Task Force), to de- Senate recedes with an amendment. SEC. 514 GREAT LAKES DREDGED MATERIAL velop a comprehensive plan involving Army SEC. 506 PERIODIC BEACH NOURISHMENT TESTING AND EVALUATION MANUAL Corps water resources projects for the pur- House § 519, no comparable House section— House § 510, no comparable Senate sec- pose of Everglades restoration. Senate recedes. tion—Senate recedes. Successful collaboration among the Army, 506(a)(1) Broward County, Florida—House other Federal agencies, the State of Florida, SEC. 515 GREAT LAKES REMEDIAL ACTION PLANS § 519(1), Senate § 102(e)—Senate recedes. and Indian tribes has occurred in recent AND SEDIMENT REMEDIATION 506(a)(2) Fort Pierce, Florida—House years on this effort and is expected to con- § 519(2), Senate § 102(g)—Senate recedes. House § 509, no comparable Senate sec- tinue after the date of enactment of this Act. 506(a)(3) Panama City Beaches, Florida— tion—Senate recedes with an amendment. To ensure successful implementation of the House § 519(5), no comparable Senate SEC. 516 SEDIMENT MANAGEMENT restoration effort, the Secretary is urged to § 102(e)—Senate recedes. House § 217, § 423 and § 511, no comparable involve the Task Force and the South Flor- 506(a)(4) Tybee Island, Georgia—House Senate section—Senate recedes with an ida Water Management District in the devel- § 519(6), Senate § 102(h)—Senate recedes. amendment. opment of the Comprehensive Plan. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11201

This section clarifies that the Central and Such authorities include the ‘‘1135’’ program SEC. 547 ST. CHARLES COUNTY, MISSOURI, FLOOD Southern Florida Project, as authorized in and the new aquatic ecosystem restoration PROTECTION Section 203 of the Flood Control Act of 1948 program established in this legislation. House § 550, no comparable Senate sec- (62 Stat. 1176) must incorporate features to These programs are intended to address envi- tion—Senate recedes with an amendment to provide for the protection of water quality as ronmental improvement projects nationwide Subsection (b). a means of achieving the original project and should not be used to supplement the SEC. 548 ST. LOUIS, MISSOURI purpose of preservation of fish and wildlife projects and activities authorized by this resources. The Secretary is authorized to de- section. House § 524, no comparable Senate sec- tion—Senate recedes with an amendment. velop specific water quality related project SEC. 529 TAMPA, FLORIDA features which are essential to Everglades SEC. 549 LIBBY DAM, MONTANA House § 536, no comparable Senate sec- restoration. In such cases, the provision au- tion—Senate recedes. Senate § 214, no comparable House sec- thorizes Federal funding at a level not to ex- tion—House recedes. ceed fifty percent of the overall project SEC. 530 WATERSHED MANAGEMENT PLAN FOR SEC. 550 HACKENSACK MEADOWLANDS AREA, NEW costs. DEEP RIVER BASIN, INDIANA This section authorizes an appropriation of House § 537, no comparable Senate sec- JERSEY $75 million over three fiscal years for the tion—Senate recedes. House § 552, no comparable Senate sec- tion—Senate recedes. construction of projects determined by the SEC. 531 SOUTHERN AND EASTERN KENTUCKY Secretary to be critical to the restoration of House § 538, no comparable Senate sec- SEC. 551 HUDSON RIVER HABITAT RESTORATION, the Everglades. The Secretary shall not ex- tion—Senate recedes with an amendment. NEW YORK pend more than $25 million for any one SEC. 532 COASTAL WETLANDS RESTORATION House § 554, no comparable Senate sec- project under this authority. In carrying out PROJECTS, LOUISIANA tion—Senate recedes with an amendment. the authority provided by this section, the SEC. 552 NEW YORK CITY WATERSHED Secretary shall give priority to the following House § 539, no comparable Senate sec- five projects or studies: (1) Levee 28 modi- tion—Senate recedes with an amendment. House § 558, no comparable section—Senate fications; (2) Florida Keys carrying capacity; SEC. 533 SOUTHEAST LOUISIANA recedes with an amendment to Subsections (3) melaleuca control in the Everglades Res- House § 540, no comparable Senate sec- (a), (c), (e) and (i). toration Area; (4) East Coast Canal Divide tion—Senate recedes with an amendment to SEC. 553 NEW YORK STATE CANAL SYSTEM Structures; and (5) Tamiami Trail Culverts. subsections (b) and (d). House §557, Senate §325—Senate recedes Customary and traditional uses of affected SEC. 534 ASSATEAGUE ISLAND, MARYLAND AND with an amendment. public lands, including access and transpor- VIRGINIA SEC. 554 ORCHARD BEACH, BRONX, NEW YORK tation, shall continue to be permitted where appropriate, and in accordance with manage- House § 108, no comparable Senate sec- House § 105(3), no comparable Senate sec- ment plans of the respective Federal and tion—Senate recedes with an amendment. tion—Senate recedes with an amendment. State management agencies. SEC. 535 CUMBERLAND, MARYLAND SEC. 555 DREDGED MATERIAL CONTAINMENT Over the past decades, various State and House § 542, no comparable Senate sec- FACILITY FOR PORT OF NEW YORK/NEW JERSEY local governments have developed land use tion—Senate recedes with an amendment. House § 553, no comparable Senate sec- plans within the boundaries of the Ever- SEC. 536 WILLIAM JENNINGS RANDOLPH ACCESS tion—Senate recedes with an amendment to glades Restoration Area. The Secretary is di- ROAD, GARRETT COUNTY, MARYLAND Subsection (b). rected to take these efforts into consider- Senate § 323, no comparable House sec- ation as the Comprehensive Plan is devel- SEC. 556. QUEENS COUNTY, NEW YORK tion—House recedes with an amendment. oped. In addition, the Legislature of the House § 555, Senate § 218—House recedes. State of Florida has recognized the impor- SEC. 537 POPLAR ISLAND, MARYLAND SEC. 557 JAMESTOWN DAM AND PIPESTEM DAM, tance of the Lake Belt Area of Dade County House § 543, Senate § 102(b)—House recedes NORTH DAKOTA for the provision of a long-term domestic with an amendment. Senate § 220, no comparable House sec- supply of aggregates, cement, and road base SEC. 538 EROSION CONTROL MEASURES, SMITH tion—House recedes. material. The Secretary is directed to take ISLAND, MARYLAND SEC. 558 NORTHEASTERN OHIO into consideration the Lake Belt Plan and House § 544, no comparable Senate sec- House § 560, no comparable Senate sec- its objectives, as defined by the State Legis- tion—Senate recedes. lature, during development of the Com- tion—Senate recedes with an amendment. SEC. 539. RESTORATION PROJECTS FOR prehensive Plan. SEC. 559 OHIO RIVER GREENWAY MARYLAND, PENNSYLVANIA, AND WEST VIRGINIA In carrying out the activities authorized House § 559, no comparable Senate sec- House § 541, no comparable Senate sec- by this section, the Secretary is directed, to tion—Senate recedes. the extent feasible and appropriate, to inte- tion—Senate recedes with an amendment to grate previously authorized restoration ac- Subsections (a), (b), (c) and (d). SEC. 560 GRAND LAKE, OKLAHOMA tivities. In doing so, the Secretary shall em- This provision does not authorize direct House § 561, no comparable Senate sec- ploy sound scientific principles while seek- participation by the Corps of Engineers in tion—Senate recedes. ing innovative and adaptive methods of man- the construction of projects to address water SEC. 561 BROAD TOP REGION OF PENNSYLVANIA quality degradation caused by abandoned agement. House § 562, no comparable Senate sec- mines in the watersheds of the North Branch The Secretary has appropriately sought tion—Senate recedes with an amendment. consensus at the Federal, State and local of the Potomac River, or the New River. SEC. 562 CURWENSVILLE LAKE PENNSYLVANIA levels in developing proposed project modi- SEC. 540 CONTROL OF AQUATIC PLANTS, MICHI- fications for Canal 51 and Canal 111. The Sec- GAN, PENNSYLVANIA, VIRGINIA AND NORTH House § 563, no comparable Senate sec- retary is directed to continue such solicita- CAROLINA tion—Senate recedes. tion for comment and consensus among in- House § 520, Senate § 328—Senate Recedes SEC. 563 HOPPER DREDGE MCFARLAND terested and affected parties before proceed- with an amendment. House § 564, no comparable Senate sec- ing to the design and implementation of SEC. 541 DULUTH, MINNESOTA, ALTERNATIVE tion—Senate recedes with an amendment. project modifications authorized in this sec- TECHNOLOGY PROJECT tion. SEC. 564 PHILADELPHIA, PENNSYLVANIA This section clarifies that the Federal House § 545, no comparable Senate sec- House § 565, no comparable Senate sec- cost-sharing does not apply to water quality tion—Senate recedes with an amendment to tion—Senate recedes with an amendment to features constructed pursuant to the settle- Subsections (a) and (b). Subsection (a) and (g). ment agreement in United States v. South SEC. 542 LAKE SUPERIOR CENTER, MINNESOTA The conference report adds language to Florida Water Management District, No. 88– House § 525, no comparable Senate sec- section 564 which would have the Army 1886-Civ-Hoeveler (S.D.Fla.). Further, it is tion—Senate recedes. Corps of Engineers complete a report that not intended that Federal cost-sharing apply certain of the elements authorized in that SEC. 543 REDWOOD RIVER BASIN, MINNESOTA to the water quality features required under section be found to be technically sound, en- the appendices of the settlement agreement. House § 546, no comparable Senate sec- vironmentally acceptable, and economic, as Nothing included in this section is meant to tion—Senate recedes with an amendment. applicable. The Corps is directed to make interfere with or supersede any pending or SEC. 544 COLDWATER RIVER WATERSHED, such a determination expeditiously. In addi- future judicial proceedings or agreements re- MISSISSIPPI tion, the benefits of some of the work au- lated to these features. Senate § 210, no comparable House sec- thorized in this section are historic or envi- Recognizing the comprehensive program tion—House recedes with an amendment. ronmental in nature. Historic and environ- authorized by this section and the substan- SEC. 545 NATCHEZ BLUFFS, MISSISSIPPI mental benefits associated with such tial Federal and non-Federal financial com- projects are not susceptible to quantification mitment it authorizes, it is expected that House § 547, Senate § 102(a)—House recedes and monetization. Consistent with the poli- the Secretary be judicious in making com- with an amendment. cies of the Corps and prior Congressional di- mitments regarding use of the Secretary’s SEC. 546 SARDIS LAKE, MISSISSIPPI rection, historic and environmental projects other environmental authorities in this area. House § 548, Senate § 212—Senate recedes. should not be subject to the usual economic H11202 CONGRESSIONAL RECORD — HOUSE September 25, 1996 analysis which evaluates projects for flood TITLE VI—EXTENSION OF EXPENDITURE AU- ‘‘(f) TRUST FUND DISTRIBUTION TO control, navigation and the like. THORITY UNDER HARBOR MAINTENANCE STATES.— SEC. 565 SEVEN POINTS VISITORS CENTER, TRUST FUND ‘‘(1) IN GENERAL.—(A) The Administrator RAYSTOWN LAKE, PENNSYLVANIA SEC. 601 EXTENSION OF EXPENDITURE AUTHOR- shall distribute to States at least 85 percent of the funds appropriated to the Environ- House § 567, no comparable Senate sec- ITY UNDER HARBOR MAINTENANCE TRUST FUND mental Protection Agency from the Leaking tion—Senate recedes. Underground Storage Tank Trust Fund (in SEC. 566 SOUTHEASTERN PENNSYLVANIA House § 601, no comparable Senate sec- subsection referred to as the ‘Trust Fund’) tion—Senate recedes. House § 568, no comparable Senate sec- each fiscal year for the reasonable costs tion—Senate recedes with an amendment. Coordination under cooperative agreements entered into SEC. 567 UPPER SUSQUEHANNA RIVER BASIN, The Conferees are aware of groundwater with the Administrator for the following: ‘‘(i) States’ actions under section PENNSYLVANIA AND NEW YORK contamination at the Sierra Army Depot, migration of this contamination into the 9003(h)(7)(A). House § 566, no comparable Senate sec- Honey Valley Groundwater Basin, and the ‘‘(ii) Necessary administrative expenses di- tion—Senate recedes with an amendment to impact of such contamination on a proposed rectly related to corrective action and com- Subsection (a). project to transfer water to the Reno-Sparks pensation programs under section 9004(c)(1). SEC. 568 WILLS CREEK, HYNDMAN, Metropolitan Area. The Secretary is to in- ‘‘(iii) Enforcement of a State or local pro- PENNSYLVANIA struct the appropriate Army Headquarters gram approved under this section or enforce- House § 569, no comparable Senate sec- officials to meet with affected parties and to ment of this subtitle or similar State or tion—Senate recedes with an amendment. determine fair compensation to those who local provisions by a State or local govern- have, in good faith, invested in this project ment. SEC. 569 BLACKSTONE RIVER VALLEY, RHODE ‘‘(iv) State and local corrective actions but have been damaged by this unfortunate ISLAND AND MASSACHUSETTS pursuant to regulations promulgated under contamination problem. House § 570, no comparable Senate sec- section 9003(c)(4). tion—Senate recedes. National Center for Nonofabrication and Molec- ‘‘(v) Corrective action and compensation ular Self-Assembly SEC. 570 DREDGED MATERIAL CONTAINMENT FA- programs under section 9004(c)(1) for releases CILITY FOR PORT OF PROVIDENCE, RHODE IS- The managers on the part of the House from underground storage tanks regulated LAND have receded to the Senate on House amend- under this subtitle in any instance, as deter- ment section 585, the National Center for mined by the State, in which the financial No comparable House or Senate section. Nanofabrication and Molecular Self-Assem- resources of an owner or operator, excluding SEC. 571 QUONSET POINT-DAVISVILLE, RHODE bly. That section would have authorized the resources provided by programs under sec- ISLAND Secretary to provide assistance for the cen- tion 9004(c)(1), are not adequate to pay for Senate § 326, no comparable House sec- ter in Evanston, Illinois. the cost of a corrective action without sig- tion—House recedes. This assistance could better be provided nificantly impairing the ability of the owner SEC. 572 EAST RIDGE, TENNESSEE through the Director of the National Insti- or operator to continue in business. tute of Environmental Health Sciences than ‘‘(B) Funds provided by the Administrator House § 571, no comparable Senate sec- through the Secretary of the Army. The pro- under subparagraph (A) may not be used by tion—Senate recedes with an amendment. ponents of the center are encouraged to work States for purposes of providing financial as- SEC. 573 MURFREESBORO, TENNESSEE with the Director to receive any necessary or sistance to an owner or operator in meeting House § 572, no comparable Senate sec- appropriate assistance. Similarly, the Direc- the requirements respecting underground tion—Senate recedes with an amendment. tor is encouraged to explore ways of provid- storage tanks contained in section 280.21 of SEC. 574 TENNESSEE RIVER, HAMILTON COUNTY, ing any needed assistance. title 40 of the Code of Federal Regulations TENNESSEE BUD SHUSTER, (as in effect on the date of the enactment of this subsection) or similar requirements in House § 103(5), no comparable Senate sec- DON YOUNG, State programs approved under this section tion—Senate recedes with an amendment. SHERWOOD BOEHLERT, JAMES L. OBERSTAR, or similar State or local provisions. SEC 575 HARRIS COUNTY TEXAS . , ROBERT A. BORSKI, ‘‘(2) ALLOCATION.— House § 577, no comparable Senate sec- Managers on the Part of the House ‘‘(A) PROCESS.—In the case of a State that tion—Senate recedes. the Administrator has entered into a cooper- JOHN H. CHAFEE, ative agreement with under section SEC. 576 NEABSCO CREEK, VIRGINIA JOHN WARNER, 9003(h)(7)(A), the Administrator shall distrib- House § 575, no comparable Senate sec- BOB SMITH, ute funds from the Trust Fund to the State tion—Senate recedes. DANIEL PATRICK MOYNIHAN, using the allocation process developed by the SEC. 577 TANGIER ISLAND, VIRGINIA Managers on the Part of the Senate. Administrator for such cooperative agree- House § 578, no comparable Senate sec- f ments. tion—Senate recedes. ‘‘(B) REVISIONS TO PROCESS.—The Adminis- LEAKING UNDERGROUND STORAGE trator may revise such allocation process SEC. 578 PIERCE COUNTY, WASHINGTON TANK TRUST FUND AMEND- only after— House §578, no comparable Senate section— MENTS ACT OF 1996 ‘‘(i) consulting with State agencies respon- Senate recedes with an amendment. sible for overseeing corrective action for re- Mr. OXLEY. Mr. Speaker, I move to SEC. 579 GREENBRIER RIVER BASIN, WEST leases from underground storage tanks and VIRGINIA, FLOOD PROTECTION suspend the rules and pass the bill with representatives of owners and opera- (H.R. 3391) to amend the Solid Waste House § 580, no comparable Senate sec- tors; and tion—Senate recedes with an amendment to Disposal Act to require at least 85 per- ‘‘(ii) taking into consideration, at a mini- Subsection (a), (c) and (d). cent of funds appropriated to the Envi- mum, the total revenue received from each ronmental Protection Agency from the State into the Trust Fund, the number of SEC. 580 LOWER MUD RIVER, MILTON, WEST confirmed releases from leaking under- VIRGINIA Leaking Underground Storage Tank Trust Fund to be distributed to States ground storage tanks in each State, the House § 582, no comparable Senate sec- number of notified petroleum storage tanks tion—Senate recedes with an amendment. for cooperative agreements for under- in each State, and the percent of the popu- SEC. 581 WEST VIRGINIA AND PENNSYLVANIA taking corrective action and for en- lation of each State using groundwater for FLOOD CONTROL forcement of subtitle I of such Act, as any beneficial purpose. House § 583, no comparable Senate sec- amended. ‘‘(3) RECIPIENTS.—Distributions from the tion—Senate recedes with an amendment to The Clerk read as follows: Trust Fund under this subsection shall be Subsections (a), (c) and (d). H. 3391 made directly to the State agency entering into a cooperative agreement or enforcing SEC. 582 SITE DESIGNATION Be it enacted by the Senate and House of Rep- the State program. No comparable House or Senate section. resentatives of the United States of America in ‘‘(4) COST RECOVERY PROHIBITION.—Funds Congress assembled, SEC. 583 LONG ISLAND SOUND provided to States from the Trust Fund to SECTION 1. SHORT TITLE. owners or operators for programs under sec- No comparable House or Senate section. This Act may be cited as the ‘‘Leaking Un- tion 9004(c)(1) for releases from underground SEC. 584 WATER MONITORING STATION derground Storage Tank Trust Fund Amend- storage tanks are not subject to cost recov- No comparable House or Senate section. ments Act of 1996’’. ery by the Administrator under section SEC. 585 OVERFLOW MANAGEMENT FACILITY SEC. 2. LEAKING UNDERGROUND STORAGE 9003(h)(6).’’. TANKS. (b) CONFORMING AMENDMENT.—Section No comparable House or Senate section. (a) TRUST FUND DISTRIBUTION.—Section 9508(c)(1) of the Internal Revenue Code of SEC. 586 PRIVATIZATION OF INFRASTRUCTURE 9004 of the Solid Waste Disposal Act (42 1986 is amended by inserting before the pe- ASSETS U.S.C. 6991c) is amended by adding at the end riod at the end the following: ‘‘and to carry No comparable House or Senate section. the following new subsection: out section 9004(f) of such Act’’. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11203 (c) TECHNICAL AMENDMENTS.—Subtitle I of used for tank cleanups in cases of fi- (Mr. MANTON asked and was given the Solid Waste Disposal Act (42 U.S.C. 6991 nancial hardship. It allows the States permission to revise and extend his re- et seq.) is amended as follows: to use the money to enforce Federal re- marks.) (1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) quirements that underground tanks be Mr. MANTON. Mr. Speaker, I rise is amended by striking out ‘‘sustances’’ and today in support of H.R. 3391, the Leak- inserting in lieu thereof ‘‘substances’’. brought up to minimum leak detection (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is and prevention standards by 1998. And ing Underground Storage Tank Amend- amended by striking out ‘‘subsection (c) and it allows States to use the Federal ment Act. By adopting this bill, the (d)’’ and inserting in lieu thereof ‘‘sub- money to administer their State assur- House will make some incremental im- sections (c) and (d)’’. ance funds. provement to the distribution and uti- (3) Section 9004(a) (42 U.S.C. 6991c(a)) is Up to 75 percent of tank owners and lization of Federal leaking under- amended by striking out ‘‘in 9001(2)(A)’’ and operators have not yet come into com- ground storage tank trust fund money inserting in lieu thereof ‘‘in section pliance, even though the regs are 8 by the States. 9001(2)(A)’’. I would like to commend my col- (4) Section 9005 (42 U.S.C. 6991d) is amend- years old. We need to help the States ed— meet the financial burdens of the po- leagues, Chairman OXLEY and SCHAE- (A) in subsection (a), by striking out tentially huge enforcement task that is FER and Mr. STUPAK, for their hard ‘‘study taking’’ and inserting in lieu thereof coming down the pike in the next 2 work on this measure and for working ‘‘study, taking’’; years. closely with other members of the (B) in subsection (b)(1), by striking out The bill also requires EPA to keep Commerce Committee to gain strong ‘‘relevent’’ and inserting in lieu thereof ‘‘rel- using its current formula for allocating bipartisan support of the bill. Their ef- evant’’; and forts greatly facilitated negotiations (C) in subsection (b)(4), by striking out LUST dollars among the States, and ‘‘Evironmental’’ and inserting in lieu thereof prohibits EPA from cost recovering regarding this legislation and I believe ‘‘Environmental’’. from owners and operators any money members of the committee agree that The SPEAKER pro tempore. Pursu- given to States for corrective actions its provisions do meet the needs ex- ant to the rule, the gentleman from under State assurance programs. Fi- pressed by stakeholders in this issue. Mr. Speaker, EPA reports that cur- Ohio [Mr. OXLEY] and the gentleman nally, it prohibits States from using rently there are approximately 300,000 from Michigan [Mr. STUPAK] each will the money to help someone comply control 20 minutes. with the 1998 tank requirements, so tax faulty underground storage tanks, con- The Chair recognizes the gentleman dollars won’t be used to put people who firming the widespread impact of this problem. In an effort to address this from Ohio [Mr. OXLEY]. have already complied at a competitive problem, H.R. 3391 amends the Re- Mr. OXLEY. Mr. Speaker, I yield my- disadvantage. self such time as I may consume. This bill will help make the under- source Conservation and Recovery Act (Mr. OXLEY asked and was given ground storage tank program even to offer States more Federal assistance permission to revise and extend his re- more effective and will help the envi- in helping to cleanup the leaking marks.) ronment by guaranteeing money will tanks. Primarily, this legislation estab- Mr. OXLEY. Mr. Speaker, this legis- get out to the States, and by giving the lishes a dedicated funding source from lation improves the Underground Stor- States the flexibility to put the money age Tank program, a program under EPA to the States and expands the al- to use in new ways. lowable uses of Federal funds. which States are already well protect- I want to add that the requirement One of these new uses includes en- ing human health and environment that 85 percent of the money be given forcement of underground storage tank from petroleum and other tank leaks. to the States may help make the case standards as directed under local, With Federal financial assistance, with the appropriators that more State, or Federal programs. Using the States have secured cleanup of about money should be spent from the trust LUST trust funds for this new enforce- 140,000 sites. fund over the next couple of years to ment activity, in addition to existing In 1986, Congress created the leaking help meet the rising enforcement uses under the program, should perhaps underground storage tank trust fund, needs. If we assure that more money take top priority over other applica- paid for with a one-tenth of 1 cent tax means more environmental protection, tions of the funds, in my opinion. I on gasoline. The fund is used to enforce not more money spent on administra- should also add, that I am pleased that cleanup requirements; conduct clean- tive overhead, there is a better case for this bill limits the use of Federal funds ups when there is no solvent respon- increased funding, and I think the 85 for cleanup purposes by the States to sible party, when there is an emer- percent provision helps make that owners and operators of leaking tanks gency, or when the responsible party case. who do not have the financial resources refuses to cooperate; and take cost re- This legislation is supported by the to address the problem themselves. In covery actions. Only 36 percent of the Association of State and Territorial these times of limited Federal dollars, funds collected since 1987—$600 million Solid Waste Management Officials, the it is important that we direct funds in out of $1.7 billion—have been spent for Petroleum Marketers Association of ways that will do the most good. the program. America, the Society of Independent Again, I want to thank Chairman EPA gives most of its appropriation Gasoline Marketers of America, the OXLEY and Mr. SCHAEFER for working to States under cooperative agree- National Association of Convenience to address the concerns raised by the ments, which spell out exactly what Stores, and the National Coalition of minority on the Commerce Committee. the States will use the money for each Petroleum Retailers. I would like to This bill should enable States to better year. thank all of these groups for their distribute the limited resources that H.R. 3391 does two key things. input. they have for leaking underground First, it requires EPA to give at least I want to congratulate Chairman storage tanks, and I urge my col- 85 percent of its appropriation to the SCHAEFER for authoring the bill and leagues to support the measure. States each year. Requiring EPA to thank members for making this a bi- Mr. Speaker, I reserve the balance of give States 85 percent of its appropria- partisan success, passing by voice vote my time. tion will ensure that the money is at the subcommittee and the full com- Mr. OXLEY. Mr. Speaker, I yield going where the tanks are, and where mittee. such time as he may consume to the the cleanup work is actually done. EPA Mr. Speaker, I also would like to gentleman from Colorado [Mr. SCHAE- already gives an average of 86 percent thank the gentleman from New York FER], the author of the legislation who per year to the States, so 85 percent is [Mr. MANTON], my ranking member, is the chairman of the Subcommittee no stretch. and the gentleman from Michigan [Mr. on Energy and Power. Second, the bill authorizes three new STUPAK], for their leadership on this (Mr. SCHAEFER asked and was given uses of the fund, which gives the States very important issue. permission to revise and extend his re- more flexibility to make their pro- Mr. Speaker, I reserve the balance of marks.) grams more effective. It allows States my time. Mr. SCHAEFER. I thank the gen- to put the money into their financial Mr. MANTON. Mr. Speaker, I yield tleman from Ohio for yielding me this assurance funds, where they would be myself such time as I may consume. time. H11204 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Mr. Speaker, last spring, Congress- LUST trust fund appropriation to age tank Program is funded through a man BART STUPAK and I introduced States. But, as State responsibilities tax collected on petroleum products. H.R. 3391, the Leaking Underground increase, we need to give them peace of Currently, the leaking underground Storage Tank Trust Fund Amendments mind that this tradition will continue. storage tank, or LUST, trust fund, has Act of 1996. The bill’s objectives are to H.R. 3391 gives this financial stability. a $1 billion surplus. give States more financial stability in I want to thank all those involved in I will continue to join with my col- operating their underground storage crafting this bill. The process has em- leagues, especially the gentleman from tank programs and greater flexibility bodied the spirit of bipartisan com- Colorado [Mr. SCHAEFER], in the fight to address unique environmental prob- promise. Our final product increases to increase the appropriation to this lems, particularly in rural America. enforcement and enhances site clean- program. H.R. 3391 has substantial bipartisan co- ups with the broad-based support of the This program came to my attention sponsorship and diverse private sector regulated industry. The State-centered based upon concerns by my constitu- support. model setup by EPA is reinforced with ents, especially up in Trenary, MI, Among the bill’s supporters: a stronger Federal financial commit- when I discovered that my State’s The Association of State and Territorial ment. Leaking Underground Storage Tank Program became insolvent due to im- Solid Waste Management Officials; b The National School Boards Association; 2115 proper management and improper fund- The Petroleum Marketers Association of Mr. Speaker, I urge my colleagues to ing. In Michigan, the fund is not ac- America; support this sound environmental pro- cepting new claims, and cleanups on The National Association of Convenience posal, and I want to thank the gen- leaking tanks have all but ceased. Stores; tleman from Ohio [Mr. OXLEY] for mov- Although I believe that this legisla- The Society of Independent Gasoline Mar- tion being discussed today is a very im- keters of America; ing this through his subcommittee and The Service Station Dealers of America; through the full committee, and the portant step in cleaning up leaking and gentleman from New York [Mr. MAN- tanks, it is my hope that States, and The National Automobile Dealers Associa- TON] and certainly the gentleman from Michigan in particular, will renew tion. Michigan [Mr. STUPAK] for helping out their commitment to this program. Prior to introduction and as the bill tremendously in getting the final lan- Beyond any doubt, H.R. 3391 will moved forward, we solicited and re- guage into this legislation. I would cer- make improvements to the program. ceived suggestions on how best to tainly want to encourage the passage The improvements will increase the achieve our objectives—program flexi- of this bill. amount of funding available for con- bility and stability. EPA, Members Mr. MANTON. Mr. Speaker, I yield 5 taminated sites, increase the amount from both parties, State regulators and minutes to the gentleman from Michi- of money for State enforcement, and industry all made meaningful contribu- gan [Mr. STUPAK]. guarantee that money the Congress ap- tions to H.R. 3391. As a result, the final Mr. STUPAK. Mr. Speaker, I thank propriates for this program is received product we have before us today meets the gentleman for yielding me time. by the States. This legislation does not completely our initial goals, with a strong empha- Mr. Speaker, I am pleased to rise in turn this program over to the States. sis on quicker cleanups and stricter en- support of H.R. 3391, the Schaefer- We have maintained a strong role for forcement. Stupak Leaking Underground Storage the EPA in this legislation by preserv- The so-called LUST Program was Tank Amendments Act. This bill will ing the current cooperative agreement first enacted in 1984. The trust fund fol- provide the States and the Federal process between the States and the lowed in 1986. The current LUST stat- Government the flexibility they need Federal Government. This bill will up- ute allows States to spend the Federal to continue the cleanup of leaking un- hold the Federal role in the LUST Pro- LUST trust fund money in a limited derground storage tanks all across this gram and strengthens the Federal- number of instances—mainly for cor- country. State partnership that has been so suc- rective actions where an owner is un- First, I want to thank Chairmen TOM cessful since the program’s inception. able or unwilling to clean up a leak. BLILEY and MIKE OXLEY, ranking mem- Mr. Speaker, I once again want to Along with the corrective action bers JOHN DINGELL and TOM MANTON, thank the leadership of the Committee standards for leaking tanks, the LUST for all the support this bill has received on Commerce and this House for expe- statute also requires owners and opera- in subcommittee and the full commit- diting this legislation offered by the tee to bring it before the House today. tors of underground storage tanks to gentleman from Colorado [Mr. SCHAE- Most of all, I would like to thank En- meet certain standards. The deadline FER] and myself. It remains our intent for compliance with these tank stand- ergy and Power chairman, Mr. SCHAE- to encourage a more flexible use of ards is 1998. When implemented, the FER, for his determination to reach a Federal resources while continuing to tank standards will provide an impor- strong bipartisan consensus on this hold polluters responsible for their tant preventative protection against very important bill. I very much appre- waste. many future leaks. Federal LUST trust ciate his efforts to work with me on Mr. MANTON. Mr. Speaker, I have no fund money cannot currently be used this measure. further requests for time, and I yield for this enforcement. The Leaking Underground Storage back the balance of my time. The LUST Program has largely been Tank Program is one of the most im- Mr. NORWOOD. Mr. Speaker, I rise today a success. The regulated industry and portant and least known environ- in support of H.R. 3391, The Leaking Under- the EPA tank office share a good work- mental programs run by the Federal ground Storage Tank Trust Fund Amend- ing relationship. However, over the Government and the States. The 1994 ments. As you may know, I am a cosponsor next few years the nature of the pro- report to Congress of the National of this legislation. This bill is designed to en- gram will change dramatically. EPA Water Quality Inventory states that sure that 85 percent of the funds in the Fed- has stated it envisions States becoming leaking underground storage tanks are eral Underground Storage Tank Trust Fund the primary enforcers for the tank the most frequent cause of ground- are allocated to the States via cooperative standards and supervising corrective water contamination. Unfortunately, agreements. action where leaks have occurred. In the Committee on Appropriations does While I am fully supportive of this legislation, fact, EPA maintains its Federal tank not feel our Nation’s ground water is I do want to clarify one point in order to pre- office will be phased out. H.R. 3391 such a high priority. Last year the vent any potential confusion down the road. helps to make that transition. Committee on Appropriations cut the My constituents have been concerned that the I support this progression. However, President’s request by 40 percent. This prohibition on the use of Federal funds in if we expect States to carry out more year, the Committee on Appropriations State financial assistance programs is not mis- duties, it is critical that they be given once again cut the President’s request interpreted. more freedom to use LUST trust fund by more than 33 percent. Under existing law, use of Federal funds for money where most needed. The Committee on Appropriations’ the purpose of providing financial assistance Finally, EPA has traditionally dedi- actions are even more frustrating be- to tank owners and operators is not a specifi- cated about 85 percent of its annual cause the Leaking Underground Stor- cally authorized use of the fund. This is an September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11205 area that Washington has thankfully stayed FEDERAL EMPLOYEES EMER- TITLE II—VETERANS’ PREFERENCE out of, leaving the issue of what type of finan- GENCY LEAVE TRANSFER ACT SEC. 201. SHORT TITLE. cial assistance programs to design to the OF 1996 This title may be cited as the ‘‘Veterans Employment Opportunities Act of 1996’’. States. I wish to emphasize that the prohibi- Mr. MICA. Mr. Speaker, I move to tion is simply designed to maintain the historic SEC. 202. EQUAL ACCESS FOR VETERANS. suspend the rules and pass the Senate (a) COMPETITIVE SERVICE.—Section 3304 of balance of State and Federal concerns, and bill (S. 868) to provide authority for title 5, United States Code, is amended by there is no suggestion, either express or im- leave transfer for Federal employees adding at the end the following: plied, that States should not set up financial who are adversely affected by disasters ‘‘(f)(1) No preference eligible, and no indi- assistance programs. or emergencies, and for other purposes, vidual (other than a preference eligible) who Mr. Speaker, this is a good bill, and I urge has been separated from the armed forces as amended. under honorable conditions after 3 or more all of my colleagues to support H.R. 3391. The Clerk read as follows: Mr. BEREUTER. Mr. Speaker, this Member years of active service, shall be denied the opportunity to compete for an announced va- rises in support of H.R. 3391, the Leaking Un- S. 868 Be it enacted by the Senate and House of Rep- cant position within an agency, in the com- derground Storage Tank Amendments Act. As petitive service or the excepted service, by a cosponsor of the legislation, this Member resentatives of the United States of America in Congress assembled, reason of— would like to commend the distinguished gen- ‘‘(A) not having acquired competitive sta- tleman from Colorado [Mr. SCHAEFER] and the TITLE I—EMERGENCY LEAVE TRANSFERS tus; or distinguished gentleman from Michigan [Mr. SEC. 101. SHORT TITLE. ‘‘(B) not being an employee of such agency. ‘‘(2) Nothing in this subsection shall pre- STUPAK] for introducing this bill and working This title may be cited as the ‘‘Federal vent an agency from filling a vacant position for its enactment. Employees Emergency Leave Transfer Act of 1996’’. (whether by appointment or otherwise) sole- Across the Nation, leaking underground ly from individuals on a priority placement SEC. 102. AUTHORITY. storage tanks present a hazard which must be list consisting of individuals who have been addressed. Unfortunately, less than half of the (a) IN GENERAL.—Chapter 63 of title 5, separated from the agency due to a reduction identified leaking tanks have been remedied. United States Code, is amended by adding in force and surplus employees (as defined after subchapter V the following new sub- under regulations prescribed by the Office).’’. In addition, there are likely thousands of other chapter: unidentified leaking tanks which require action. (b) CIVIL SERVICE EMPLOYMENT INFORMA- ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN TION.— This legislation improves the current situa- DISASTERS AND EMERGENCIES (1) VACANT POSITIONS.—Section 3327(b) of tion by distributing more money from the exist- title 5, United States Code, is amended by ing trust fund to the States where it belongs. ‘‘§ 6391. Authority for leave transfer program in disasters and emergencies striking ‘‘and’’ at the end of paragraph (1), The trust fund was established by Congress in by redesignating paragraph (2) as paragraph ‘‘(a) For the purpose of this section— (3), and by inserting after paragraph (1) the 1986 and currently contains about $1 billion. ‘‘(1) ‘employee’ means an employee as de- following: Although the trust fund is intended to provide fined in section 6331(1); and ‘‘(2) each vacant position in the agency for assistance in the cleanup of underground stor- ‘‘(2) ‘agency’ means an Executive agency. age tanks, far too much of the money in the which competition is restricted to individ- ‘‘(b) In the event of a major disaster or uals having competitive status or employees trust fund has been used to offset general emergency, as declared by the President, of such agency, excluding any position under Federal spending. that results in severe adverse effects for a paragraph (1), and’’. substantial number of employees, the Presi- This Member certainly believes that the (2) ADDITIONAL INFORMATION.—Section 3327 money in the trust fund should for used for the dent may direct the Office of Personnel Man- of title 5, United States Code, is amended by purposes for which it was originally intended; agement to establish an emergency leave adding at the end the following: transfer program under which any employee ‘‘(c) Any notification provided under this money simply accumulating in the trust fund in any agency may donate unused annual obviously does not address the current needs. section shall, for all positions under sub- leave for transfer to employees of the same section (b)(1) as to which section 3304(f) ap- The large number of remaining leaking under- or other agencies who are adversely affected plies and for all positions under subsection ground storage tank sites to be addressed is by such disaster or emergency. (b)(2), include a notation as to the applicabil- evidence that the States certainly could use ‘‘(c) The Office of Personnel Management ity of section 3304(f) with respect thereto. this money which is currently accumulating in shall establish appropriate requirements for ‘‘(d) In consultation with the Secretary of the trust fund. This bill would assist States in the operation of the emergency leave trans- Labor, the Office shall submit to Congress more efficiently receiving and disbursing fer program under subsection (b), including and the President, no less frequently than appropriate limitations on the donation and money from the trust fund. It would also give every 2 years, a report detailing, with re- use of annual leave under the program. An spect to the period covered by such report— the States increased flexibility in the use of employee may receive and use leave under ‘‘(1) the number of positions listed under money from the trust fund. the program without regard to any require- this section during such period; This Member urges his colleagues to sup- ment that any annual leave and sick leave to ‘‘(2) the number of preference eligibles and port H.R. 3391. a leave recipient’s credit must be exhausted other individuals described in section Mr. OXLEY. Mr. Speaker, I have no before any transferred annual leave may be 3304(f)(1) referred to such positions during further requests for time, and I yield used. such period; and back the balance of my time. ‘‘(d) A leave bank established under sub- ‘‘(3) the number of preference eligibles and The SPEAKER pro tempore. The chapter IV may, to the extent provided in other individuals described in section regulations prescribed by the Office of Per- question is on the motion offered by 3304(f)(1) appointed to such positions during sonnel Management, donate annual leave to such period.’’. the gentleman from Ohio [Mr. OXLEY] the emergency leave transfer program estab- (c) GOVERNMENTWIDE LISTS.— that the House suspend the rules and lished under subsection (b). (1) VACANT POSITIONS.—Section 3330(b) of pass the bill, H.R. 3391, as amended. ‘‘(e) Except to the extent that the Office of title 5, United States Code, is amended to The question was taken; and (two- Personnel Management may prescribe by read as follows: thirds having voted in favor thereof) regulation, nothing in section 7351 shall ‘‘(b) The Office of Personnel Management the rules were suspended and the bill, apply to any solicitation, donation, or ac- shall cause to be established and kept cur- as amended, was passed. ceptance of leave under this section. rent— ‘‘(1) a comprehensive list of all announce- A motion to reconsider was laid on ‘‘(f) The Office of Personnel Management shall prescribe regulations necessary for the ments of vacant positions (in the competi- the table. administration of this section.’’. tive service and the excepted service, respec- f (b) CLERICAL AMENDMENT.—The analysis tively) within each agency that are to be filled by appointment for more than 1 year GENERAL LEAVE for chapter 63 of title 5, United States Code, is amended by adding at the end thereof the and for which applications are being or will Mr. OXLEY. Mr. Speaker, I ask unan- following: soon be accepted from outside the agency’s imous consent that all Members may ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN work force; and have 5 legislative days within which to DISASTERS AND EMERGENCIES ‘‘(2) a comprehensive list of all announce- revise and extend their remarks on ments of vacant positions within each agen- ‘‘6391. Authority for leave transfer program cy for which applications are being or will H.R. 4167 and H.R. 3391, as amended. in disasters and emergencies’’. soon be accepted and for which competition The SPEAKER pro tempore. Is there SEC. 103. EFFECTIVE DATE. is restricted to individuals having competi- objection to the request of the gen- The amendments made by section 102 shall tive status or employees of such agency, ex- tleman from Ohio? take effect on the date of enactment of this cluding any position required to be listed There was no objection. Act. under paragraph (1).’’. H11206 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(2) ADDITIONAL INFORMATION.—Section ‘‘(B) a preference eligible shall not be con- ‘‘(ii) occupy positions excluded from a per- 3330(c) of title 5, United States Code, is sidered unqualified solely because such pref- formance appraisal system by law, regula- amended by striking ‘‘and’’ at the end of erence eligible does not meet the minimum tion, or administrative action taken by the paragraph (2), by redesignating paragraph (3) qualification requirements relating to pre- Office of Personnel Management. as paragraph (4), and by inserting after para- vious experience in a specified grade (or oc- ‘‘(2)(A) Each agencywide priority place- graph (2) the following: cupational level), if any, that are established ment program under this subsection shall in- ‘‘(3) for all positions under subsection (b)(1) for such position by the Office of Personnel clude provisions under which a vacant posi- as to which section 3304(f) applies and for all Management or the agency. tion shall not (except as provided in this positions under subsection (b)(2), a notation ‘‘(h) In connection with any reduction in paragraph or any other statute providing the as to the applicability of section 3304(f) with force, a preference eligible whose current or right of reemployment to any individual) be respect thereto; and’’. most recent performance rating is at least filled by the appointment or transfer of any (3) CONFORMING AMENDMENT.—Section fully successful (or the equivalent) shall individual from outside of that agency (other 3330(d) of title 5, United States Code, is have, in addition to such assignment rights than an individual described in subparagraph amended by striking ‘‘The list’’ and insert- as are prescribed by regulation, the right, in (B)) if— ing ‘‘Each list under subsection (b)’’. lieu of separation, to be assigned to any posi- ‘‘(i) there is then available any individual (d) PROVISIONS RELATING TO THE UNITED tion within the agency conducting the reduc- described in subparagraph (B) who is quali- STATES POSTAL SERVICE.— tion in force— fied for the position; and (1) IN GENERAL.—Subsection (a) of section ‘‘(1) for which such preference eligible is ‘‘(ii) the position— 1005 of title 39, United States Code, is amend- qualified under subsection (g)(2)— ‘‘(I) is at the same grade or pay level (or ed by adding at the end the following: ‘‘(A) that is within the preference eligible’s the equivalent) or not more than 3 grades (or ‘‘(5)(A) The provisions of section 3304(f) of commuting area and at the same grade (or grade intervals) below that of the position title 5 shall apply with respect to the Postal occupational level) as the position from last held by such individual before place- Service in the same manner and under the which the preference eligible was released, ment in the new position; same conditions as if the Postal Service were and that is then occupied by an individual, ‘‘(II) is within the same commuting area as an agency within the meaning of such provi- other than another preference eligible, who the individual’s last-held position (as re- sions. was placed in such position (whether by ap- ferred to in subclause (I)) or residence; and ‘‘(B) Nothing in this subsection shall be pointment or otherwise) within 6 months be- ‘‘(III) has the same type of work schedule considered to require that the Postal Service fore the reduction in force if, within 12 (whether full-time, part-time, or intermit- accept an application from a preference eli- months prior to the date on which such indi- tent) as the position last held by the individ- gible or any other individual described in vidual was so placed in such position, such ual. paragraph (1) of such section 3304(f), who is individual had been employed in the same ‘‘(B) For purposes of an agencywide prior- not an employee of the Postal Service, if— competitive area as the preference eligible; ity placement program, an individual shall ‘‘(i) the vacant position involved is adver- or be considered to be described in this subpara- tised for bids pursuant to a collective-bar- ‘‘(B) that is within the preference eligible’s graph if such individual— gaining agreement; competitive area and that is then occupied ‘‘(i)(I) is an employee of such agency who is ‘‘(ii) the collective-bargaining agreement by an individual, other than another pref- scheduled to be separated, as described in restricts competition for such position to in- erence eligible, who was placed in such posi- paragraph (1)(A)(i); or dividuals employed in the specific bargaining tion (whether by appointment or otherwise) ‘‘(II) is an individual who became a former unit or facility within the Postal Service in within 6 months before the reduction in employee of such agency as a result of a sep- which the position is located; force; or aration, as described in paragraph (1)(A)(ii), ‘‘(iii) the collective-bargaining agreement ‘‘(2) for which such preference eligible is excluding any individual who separated vol- provides that the successful bid shall be se- qualified that is within the preference eligi- untarily under subsection (f); and lected solely on the basis of seniority; and ble’s competitive area and that is not more ‘‘(ii) satisfies clause (i) or (ii) of paragraph ‘‘(iv) selection does not result in a pro- than 3 grades (or pay levels) below that of (1)(B). motion or change in duties for the successful the position from which the preference eligi- ‘‘(3)(A) If after a reduction in force the bidder. ble was released, except that, in the case of agency has no positions of any type within ‘‘(C) The provisions of this paragraph shall a preference eligible with a compensable the local commuting areas specified in this not be modified by any program developed service-connected disability of 30 percent or subsection, the individual may designate a under section 1004 of this title or any collec- different local commuting area where the tive-bargaining agreement entered into more, this paragraph shall be applied by sub- agency has continuing positions in order to under chapter 12 of this title.’’. stituting ‘5 grades’ for ‘3 grades’. exercise reemployment rights under this (2) CONFORMING AMENDMENT.—The first sen- In the event that a preference eligible is en- subsection. An agency may determine that tence of section 1005(a)(2) of title 39, United titled to assignment to more than 1 position such designations are not in the interest of States Code, is amended by striking ‘‘title.’’ under this subsection, the agency shall as- the Government for the purpose of paying re- and inserting ‘‘title, subject to paragraph (5) sign the preference eligible to any such posi- location expenses under subchapter II of of this subsection.’’. tion requiring no reduction (or, if there is no such position, the least reduction) in basic chapter 57. SEC. 203. SPECIAL PROTECTIONS FOR PREF- pay. A position shall not, with respect to a ‘‘(B) At its option, an agency may adminis- ERENCE ELIGIBLES IN REDUCTIONS tratively extend reemployment rights under IN FORCE. preference eligible, be considered to satisfy this subsection to include other local com- (a) IN GENERAL.—Section 3502 of title 5, the requirements of paragraph (1) or (2), as United States Code, as amended by section applicable, if it does not last for at least 12 muting areas. ‘‘(4)(A) In selecting employees for positions 1034 of the National Defense Authorization months following the date on which such Act for Fiscal Year 1996 (Public Law 104–106; preference eligible is assigned to such posi- under this subsection, the agency shall place 110 Stat. 430), is amended by adding at the tion under this subsection. qualified present and former employees in end the following: ‘‘(i) A preference eligible may challenge retention order by veterans’ preference sub- ‘‘(g)(1) A position occupied by a preference the classification of any position to which group and tenure group. eligible shall not be placed in a single-posi- the preference eligible asserts assignment ‘‘(B) An agency may not pass over a quali- tion competitive level if the preference eligi- rights (as provided by, or prescribed by regu- fied present or former employee to select an ble is qualified to perform the essential func- lations described in, subsection (h)) in an ac- individual in a lower veterans’ preference tions of any other position at the same grade tion before the Merit Systems Protection subgroup within the tenure group, or in a (or occupational level) in the competitive Board. lower tenure group. area. In such cases, the preference eligible ‘‘(j)(1) Not later than 3 months after the ‘‘(C) Within a subgroup, the agency may shall be entitled to be placed in another date of the enactment of this subsection, select a qualified present or former employee competitive level for which such preference each Executive agency shall establish an without regard to the individual’s total cred- eligible is qualified. If the preference eligible agencywide priority placement program to itable service. is qualified for more than one competitive facilitate employment placement for em- ‘‘(5) An individual is eligible for reemploy- level, such preference eligible shall be placed ployees who— ment priority under this subsection for 2 in the competitive level containing the most ‘‘(A)(i) are scheduled to be separated from years from the effective date of the reduc- positions. service due to a reduction in force under— tion in force from which the individual will ‘‘(2) For purposes of paragraph (1)— ‘‘(I) regulations prescribed under this sec- be, or has been, separated under this section ‘‘(A) a preference eligible shall be consid- tion; or or section 3595, as the case may be. ered qualified to perform the essential func- ‘‘(II) procedures established under section ‘‘(6) An individual loses eligibility for re- tions of a position if, by reason of experi- 3595; or employment priority under this subsection ence, training, or education (and, in the case ‘‘(ii) are separated from service due to such when the individual— of a disabled veteran, with reasonable ac- a reduction in force; and ‘‘(A) requests removal in writing; commodation), a reasonable person could ‘‘(B)(i) have received a rating of at least ‘‘(B) accepts or declines a bona fide offer conclude that the preference eligible would fully successful (or the equivalent) as the under this subsection or fails to accept such be able to perform those functions success- last performance rating of record used for re- an offer within the period of time allowed for fully within a period of 150 days; and tention purposes; or such acceptance, or September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11207 ‘‘(C) separates from the agency before ‘‘§ 3330b. Judicial redress ‘‘(1) that such position is— being separated under this section or section ‘‘(a) In lieu of continuing the administra- ‘‘(A) a confidential or policy-making posi- 3595, as the case may be. tive redress procedure provided under section tion; or A present or former employee who declines a 3330a(b), a preference eligible or other indi- ‘‘(B) a position for which political affili- position with a representative rate (or equiv- vidual described in section 3304(f)(1) may ation or political philosophy is otherwise an alent) that is less than the rate of the posi- elect, in accordance with this section, to ter- important qualification; and tion from which the individual was separated minate those administrative proceedings and ‘‘(2) that any individual selected for such under this section retains eligibility for posi- file an action with the appropriate United position is expected to vacate the position at tions with a higher representative rate up to States district court not later than 60 days or before the end of the President’s term (or the rate of the individual’s last position. after the date of the election. terms) of office. ‘‘(7) Whenever more than one individual is ‘‘(b) An election under this section may Each individual appointed to a position de- qualified for a position under this sub- not be made— scribed in the preceding sentence as to which section, the agency shall select the most ‘‘(1) before the 121st day after the date on the expectation described in paragraph (2) highly qualified individual, subject to para- which the appeal is filed with the Merit Sys- applies shall be notified as to such expecta- graph (4). tems Protection Board under section tion, in writing, at the time of appointment ‘‘(8) The Office of Personnel Management 3330a(b); or to such position.’’. shall issue regulations to implement this ‘‘(2) after the Merit Systems Protection (2) CLERICAL AMENDMENT.—The table of subsection.’’. Board has issued a judicially reviewable de- sections at the beginning of chapter 2 of title (b) EFFECTIVE DATE.— cision on the merits of the appeal. 3, United States Code, is amended by adding (1) IN GENERAL.—Except as provided in ‘‘(c) An election under this section shall be at the end the following: paragraph (2), the amendments made by this made, in writing, in such form and manner section shall take effect on the date of the as the Merit Systems Protection Board shall ‘‘115. Veterans’ preference.’’. enactment of this Act. by regulation prescribe. The election shall be (c) LEGISLATIVE BRANCH APPOINTMENTS.— (2) EXCEPTION.—The amendments made by effective as of the date on which it is re- (1) DEFINITIONS.—For the purposes of this this section shall take effect with respect to ceived, and the administrative proceeding to subsection, the terms ‘‘employing office’’, the Department of Defense at the end of the which it relates shall terminate immediately ‘‘covered employee’’, and ‘‘Board’’ shall each 1-year period beginning on the date of the upon the receipt of such election. have the meaning given such term by section enactment of this Act. ‘‘§ 3330c. Remedy 101 of the Congressional Accountability Act SEC. 204. IMPROVED REDRESS FOR VETERANS. ‘‘(a) If the Merit Systems Protection Board of 1995 (2 U.S.C. 1301). (a) IN GENERAL.—Subchapter I of chapter (in a proceeding under section 3330a) or a (2) RIGHTS AND PROTECTIONS.—The rights 33 of title 5, United States Code, is amended court (in a proceeding under section 3330b) and protections established under section by adding at the end the following: determines that an agency has violated a 2108, sections 3309 through 3312, and sub- right described in section 3330a, the Board or chapter I of chapter 35, of title 5, United ‘‘§ 3330a. Administrative redress court (as the case may be) shall order the States Code, shall apply to covered employ- ‘‘(a)(1) Any preference eligible or other in- agency to comply with such provisions and ees. dividual described in section 3304(f)(1) who award compensation for any loss of wages or (3) REMEDIES.— alleges that an agency has violated such in- benefits suffered by the individual by reason (A) IN GENERAL.—The remedy for a viola- dividual’s rights under any statute or regula- of the violation involved. If the Board or tion of paragraph (2) shall be such remedy as tion relating to veterans’ preference, or any court determines that such violation was would be appropriate if awarded under appli- right afforded such individual by section willful, it shall award an amount equal to cable provisions of title 5, United States 3304(f), may file a complaint with the Sec- backpay as liquidated damages. Code, in the case of a violation of the rel- retary of Labor. ‘‘(b) A preference eligible or other individ- evant corresponding provision (referred to in ‘‘(2) A complaint under this subsection ual described in section 3304(f)(1) who pre- paragraph (2)) of such title. must be filed within 60 days after the date of vails in an action under section 3330a or (B) PROCEDURE.—The procedure for consid- the alleged violation, and the Secretary 3330b shall be awarded reasonable attorney eration of alleged violations of paragraph (2) shall process such complaint in accordance fees, expert witness fees, and other litigation shall be the same as apply under section 401 with sections 4322 (a) through (e)(1) and 4326 expenses.’’. of the Congressional Accountability Act of of title 38. (b) CLERICAL AMENDMENT.—The table of 1995 (and the provisions of law referred to ‘‘(b)(1) If the Secretary of Labor is unable sections at the beginning of chapter 33 of therein) in the case of an alleged violation of to resolve the complaint within 60 days after title 5, United States Code, is amended by part A of title II of such Act. the date on which it is filed, the complainant adding after the item relating to section 3330 (4) REGULATIONS TO IMPLEMENT SUB- may elect to appeal the alleged violation to the following: SECTION.— the Merit Systems Protection Board in ac- ‘‘3330a. Administrative redress. (A) IN GENERAL.—The Board shall, pursu- cordance with such procedures as the Merit ‘‘3330b. Judicial redress. ant to section 304 of the Congressional Ac- Systems Protection Board shall prescribe, ‘‘3330c. Remedy.’’. countability Act of 1995 (2 U.S.C. 1384), issue except that in no event may any such appeal SEC. 205. EXTENSION OF VETERANS’ PREF- regulations to implement this subsection. be brought— ERENCE. (B) AGENCY REGULATIONS.—The regulations ‘‘(A) before the 61st day after the date on (a) AMENDMENT TO TITLE 5, UNITED STATES issued under subparagraph (A) shall be the which the complaint is filed under sub- CODE.—Paragraph (3) of section 2108 of title same as the most relevant substantive regu- section (a); or 5, United States Code, is amended by strik- lations (applicable with respect to the execu- ‘‘(B) later than 15 days after the date on ing ‘‘the Federal Bureau of Investigation and tive branch) promulgated to implement the which the complainant receives notification Drug Enforcement Administration Senior statutory provisions referred to in paragraph from the Secretary of Labor under section Executive Service, or the General Account- (2) except insofar as the Board may deter- 4322(e)(1) of title 38. ing Office;’’ and inserting ‘‘or the Federal mine, for good cause shown and stated to- ‘‘(2) An appeal under this subsection may Bureau of Investigation and Drug Enforce- gether with the regulation, that a modifica- not be brought unless— ment Administration Senior Executive Serv- tion of such regulations would be more effec- ‘‘(A) the complainant first provides written ice;’’. tive for the implementation of the rights and notification to the Secretary of Labor of (b) AMENDMENTS TO TITLE 3, UNITED STATES protections under this subsection. such complainant’s intention to bring such CODE.— (C) COORDINATION.—The regulations issued appeal; and (1) IN GENERAL.—Chapter 2 of title 3, Unit- under subparagraph (A) shall be consistent ‘‘(B) appropriate evidence of compliance ed States Code, is amended by adding at the with section 225 of the Congressional Ac- with subparagraph (A) is included (in such end the following: countability Act of 1995 (2 U.S.C. 1361). form and manner as the Merit Systems Pro- ‘‘§ 115. Veterans’ preference (5) APPLICABILITY.—Notwithstanding any tection Board may prescribe) with the notice ‘‘(a) Subject to subsection (b), appoint- other provision of this subsection, the term of appeal under this subsection. ments under sections 105, 106, and 107 shall be ‘‘covered employee’’ shall not, for purposes ‘‘(3) Upon receiving notification under made in accordance with section 2108, and of this subsection, include an employee— paragraph (2)(A), the Secretary of Labor sections 3309 through 3312, of title 5. (A) whose appointment is made by the shall not continue to investigate or further ‘‘(b) Subsection (a) shall not apply to any President with the advice and consent of the attempt to resolve the complaint to which appointment to a position the rate of basic Senate; such notification relates. pay for which is at least equal to the mini- (B) whose appointment is made by a Mem- ‘‘(c) This section shall not be construed to mum rate established for positions in the ber of Congress or by a committee or sub- prohibit a preference eligible from appealing Senior Executive Service under section 5382 committee of either House of Congress; or directly to the Merit Systems Protection of title 5 and the duties of which are com- (C) who is appointed to a position, the du- Board from any action which is appealable to parable to those described in section ties of which are equivalent to those of a the Board under any other law, rule, or regu- 3132(a)(2) of such title or to any other posi- Senior Executive Service position (within lation, in lieu of administrative redress tion if, with respect to such position, the the meaning of section 3132(a)(2) of title 5, under this section. President makes certification— United States Code). H11208 CONGRESSIONAL RECORD — HOUSE September 25, 1996

(6) EFFECTIVE DATE.—Paragraphs (2) and (3) ‘‘(5) the term ‘International Stock Index ment Fund, or the Small Capitalization shall be effective as of the effective date of Investment Fund’ means the International Stock Index Investment Fund, defined in the regulations under paragraph (4). Stock Index Investment Fund established paragraphs (1), (3), (5), and (10),’’. (d) JUDICIAL BRANCH APPOINTMENTS.— under subsection (b)(1)(E);’’; SEC. 304. EFFECTIVE DATE. (1) IN GENERAL.—Subject to paragraph (2), (C) in paragraph (8) (as redesignated by This subtitle shall take effect on the date appointments to positions in the judicial subparagraph (A) of this paragraph) by strik- of enactment of this Act, and the Funds es- branch of the Government shall be made in ing out ‘‘and’’ at the end thereof; tablished under this subtitle shall be offered accordance with section 2108, and sections (D) in paragraph (9) (as redesignated by for investment at the earliest practicable 3309 through 3312, of title 5, United States subparagraph (A) of this paragraph)— election period (described in section 8432(b) Code. (i) by striking out ‘‘paragraph (7)(D)’’ in of title 5, United States Code) as determined (2) REDUCTIONS IN FORCE.—Subject to para- each place it appears and inserting in each by the Executive Director in regulations. graph (2), reductions in force in the judicial such place ‘‘paragraph (8)(D)’’; and branch of the Government shall provide pref- (ii) by striking out the period and inserting Subtitle B—Thrift Savings Accounts erence eligibles with protections substan- in lieu thereof a semicolon and ‘‘and’’; and Liquidity tially similar to those provided under sub- (E) by adding at the end thereof the follow- SEC. 311. SHORT TITLE. chapter I of chapter 35 of title 5, United ing new paragraph: This subtitle may be cited as the ‘‘Thrift States Code. ‘‘(10) the term ‘Small Capitalization Stock Savings Plan Act of 1996’’. (3) EXCLUSIONS.—Paragraphs (1) and (2) Index Investment Fund’ means the Small SEC. 312. NOTICE TO SPOUSES FOR IN-SERVICE shall not apply to— Capitalization Stock Index Investment Fund WITHDRAWALS; DE MINIMUS AC- (A) an appointment made by the President, established under subsection (b)(1)(D).’’; and COUNTS; CIVIL SERVICE RETIRE- with the advice and consent of the Senate; (2) in subsection (b)— MENT SYSTEM PARTICIPANTS. (B) an appointment as a judicial officer; (A) in paragraph (1)— Section 8351(b) of title 5, United States (C) an appointment as a law clerk or sec- (i) in subparagraph (B) by striking out Code, is amended— retary to a justice or judge of the United ‘‘and’’ at the end thereof; (1) in paragraph (5)— States; or (ii) in subparagraph (C) by striking out the (A) in subparagraph (B)— (D) an appointment to a position, the du- period and inserting in lieu thereof a semi- (i) by striking out ‘‘An election, change of ties of which are equivalent to those of a colon; and election, or modification (relating to the Senior Executive Service position (within (iii) by adding at the end thereof the fol- commencement date of a deferred annuity)’’ the meaning of section 3132(a)(2) of title 5, lowing new subparagraphs: and inserting in lieu thereof ‘‘An election or United States Code). ‘‘(D) a Small Capitalization Stock Index change of election’’; (4) REDRESS PROCEDURES.—The Judicial Investment Fund as provided in paragraph (ii) by inserting ‘‘or withdrawal’’ after Conference of the United States shall pre- (3); and ‘‘and a loan’’; scribe regulations under which redress proce- ‘‘(E) an International Stock Index Invest- (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; dures (substantially similar to the proce- ment Fund as provided in paragraph (4).’’; (iv) by striking out ‘‘the election, change dures established by the amendments made and of election, or modification’’ and inserting in by section 204) shall be available for alleged (B) by adding at the end thereof the follow- lieu thereof ‘‘the election or change of elec- violations of any rights provided by this sub- ing new paragraphs: tion’’; and section. ‘‘(3)(A) The Board shall select an index (v) by inserting ‘‘or withdrawal’’ after ‘‘for (5) DEFINITIONS.—For purposes of this sub- which is a commonly recognized index com- such loan’’; and section— prised of common stock the aggregate mar- (B) in subparagraph (D)— (A) the term ‘‘judicial officer’’ means a jus- ket value of which represents the United (i) by inserting ‘‘or withdrawals’’ after ‘‘of tice, judge, or magistrate judge listed in sub- States equity markets excluding the com- loans’’; and paragraph (A), (B), (F), or (G) of section mon stocks included in the Common Stock (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; 376(a)(1) of title 28, United States Code; and Index Investment Fund. and (B) the term ‘‘justice or judge of the Unit- ‘‘(B) The Small Capitalization Stock Index (2) in paragraph (6)— ed States’’ has the meaning given such term Investment Fund shall be invested in a port- (A) by striking out ‘‘$3,500 or less’’ and in- by section 451 of such title 28. folio designed to replicate the performance serting in lieu thereof ‘‘less than an amount SEC. 206. VETERANS’ PREFERENCE REQUIRED of the index in subparagraph (A). The port- that the Executive Director prescribes by FOR REDUCTIONS IN FORCE IN THE folio shall be designed such that, to the ex- regulation’’; and FEDERAL AVIATION ADMINISTRA- tent practicable, the percentage of the Small (B) by striking out ‘‘unless the employee TION. Capitalization Stock Index Investment Fund or Member elects, at such time and other- Section 347(b) of the Department of Trans- that is invested in each stock is the same as wise in such manner as the Executive Direc- portation and Related Agencies Appropria- the percentage determined by dividing the tor prescribes, one of the options available tions Act, 1996 (109 Stat. 460) is amended by aggregate market value of all shares of that under subsection (b)’’. striking ‘‘and’’ at the end of paragraph (6), stock by the aggregate market value of all SEC. 313. IN-SERVICE WITHDRAWALS; WITH- by striking the period at the end of para- shares of all stocks included in such index. DRAWAL ELECTIONS, FEDERAL EM- graph (7) and inserting ‘‘; and’’, and by add- ‘‘(4)(A) The Board shall select an index PLOYEES RETIREMENT SYSTEM PAR- ing at the end the following: which is a commonly recognized index com- TICIPANTS. ‘‘(8) sections 3501–3504, as such sections re- prised of stock the aggregate market value (a) IN GENERAL.—Section 8433 of title 5, late to veterans’ preference.’’. of which is a reasonably complete represen- United States Code, is amended— SEC. 207. DEFINITIONAL AMENDMENT. tation of the international equity markets (1) by striking out subsections (b) and (c) Subparagraph (A) of section 2108(1) of title excluding the United States equity markets. and inserting in lieu thereof the following: 5, United States Code, is amended by insert- ‘‘(B) The International Stock Index Invest- ‘‘(b) Subject to section 8435 of this title, ing ‘‘during a military operation in a quali- ment Fund shall be invested in a portfolio any employee or Member who separates from fied hazardous duty area (within the mean- designed to replicate the performance of the Government employment is entitled and ing of the first 2 sentences of section 1(b) of may elect to withdraw from the Thrift Sav- Public Law 104–117) and in accordance with index in subparagraph (A). The portfolio shall be designed such that, to the extent ings Fund the balance of the employee’s or requirements that may be prescribed in regu- Member’s account as— lations of the Secretary of Defense,’’ after practicable, the percentage of the Inter- national Stock Index Investment Fund that ‘‘(1) an annuity; ‘‘for which a campaign badge has been au- ‘‘(2) a single payment; thorized,’’. is invested in each stock is the same as the percentage determined by dividing the ag- ‘‘(3) 2 or more substantially equal pay- TITLE III—PROVISIONS RELATING TO THE gregate market value of all shares of that ments to be made not less frequently than THRIFT SAVINGS PLAN stock by the aggregate market value of all annually; or Subtitle A—Additional Investment Funds for shares of all stocks included in such index.’’. ‘‘(4) any combination of payments as pro- the Thrift Savings Plan SEC. 303. ACKNOWLEDGEMENT OF INVESTMENT vided under paragraphs (1) through (3) as the SEC. 301. SHORT TITLE. RISK. Executive Director may prescribe by regula- This subtitle may be cited as the ‘‘Thrift Section 8439(d) of title 5, United States tion. Savings Investment Funds Act of 1996’’. Code, is amended by striking out ‘‘Each em- ‘‘(c)(1) In addition to the right provided SEC. 302. ADDITIONAL INVESTMENT FUNDS FOR ployee, Member, former employee, or former under subsection (b) to withdraw the balance THE THRIFT SAVINGS PLAN. Member who elects to invest in the Common of the account, an employee or Member who Section 8438 of title 5, United States Code, Stock Index Investment Fund or the Fixed separates from Government service and who is amended— Income Investment Fund described in para- has not made a withdrawal under subsection (1) in subsection (a)— graphs (1) and (3),’’ and inserting in lieu (h)(1)(A) may make one withdrawal of any (A) by redesignating paragraphs (5) thereof ‘‘Each employee, Member, former amount as a single payment in accordance through (8) as paragraphs (6) through (9), re- employee, or former Member who elects to with subsection (b)(2) from the employee’s or spectively; invest in the Common Stock Index Invest- Member’s account. (B) by inserting after paragraph (4) the fol- ment Fund, the Fixed Income Investment ‘‘(2) An employee or Member may request lowing new paragraph: Fund, the International Stock Index Invest- that the amount withdrawn from the Thrift September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11209

Savings Fund in accordance with subsection ‘‘(5) A withdrawal may not be made under (b) BANKRUPTCY JUDGES AND MAG- (b)(2) be transferred to an eligible retirement this subsection unless the requirements of ISTRATES.—Section 8440b(b) of title 5, United plan. section 8435(e) of this title are satisfied.’’. States Code, is amended— ‘‘(3) The Executive Director shall make (b) INVALIDITY OF CERTAIN PRIOR ELEC- (1) in paragraph (7) in the first sentence by each transfer elected under paragraph (2) di- TIONS.—Any election made under section inserting ‘‘of the distribution’’ after ‘‘equal rectly to an eligible retirement plan or plans 8433(b)(2) of title 5, United States Code (as in to the amount’’; and (as defined in section 402(c)(8) of the Internal effect before the effective date of this sub- (2) in paragraph (8)— Revenue Code of 1986) identified by the em- title), with respect to an annuity which has (A) by striking out ‘‘$3,500 or less’’ and in- ployee, Member, former employee, or former not commenced before the implementation serting in lieu thereof ‘‘less than an amount Member for whom the transfer is made. date of this subtitle as provided by regula- that the Executive Director prescribes by ‘‘(4) A transfer may not be made for an em- tion by the Executive Director in accordance regulation’’; and ployee, Member, former employee, or former with section 318 shall be invalid. (B) by striking out ‘‘unless the bankruptcy Member under paragraph (2) until the Execu- SEC. 314. SURVIVOR ANNUITIES FOR FORMER judge or magistrate elects, at such time and tive Director receives from that individual SPOUSES; NOTICE TO FEDERAL EM- otherwise in such manner as the Executive the information required by the Executive PLOYEES RETIREMENT SYSTEM Director prescribes, one of the options avail- Director specifically to identify the eligible SPOUSES FOR IN-SERVICE WITH- able under subsection (b)’’. retirement plan or plans to which the trans- DRAWALS. (c) FEDERAL CLAIMS JUDGES.—Section fer is to be made.’’; Section 8435 of title 5, United States Code, is amended— 8440c(b) of title 5, United States Code, is (2) in subsection (d)— amended— (A) in paragraph (1) by striking out ‘‘Sub- (1) in subsection (a)(1)(A)— (1) in paragraph (7) in the first sentence by ject to paragraph (3)(A)’’ and inserting in (A) by striking out ‘‘may make an election inserting ‘‘of the distribution’’ after ‘‘equal lieu thereof ‘‘Subject to paragraph (3)’’; under subsection (b)(3) or (b)(4) of section to the amount’’; and (B) by striking out paragraph (2) and redes- 8433 of this title or change an election pre- (2) in paragraph (8)— ignating paragraph (3) as paragraph (2); and viously made under subsection (b)(1) or (b)(2) (A) by striking out ‘‘$3,500 or less’’ and in- (C) in paragraph (2) (as redesignated under of such section’’ and inserting in lien thereof serting in lieu thereof ‘‘less than an amount subparagraph (B) of this paragraph)— ‘‘may withdraw all or part of a Thrift Sav- that the Executive Director prescribes by (i) in subparagraph (A) by striking out ings Fund account under subsection (b) (2), regulation’’; and ‘‘(A)’’; and (3), or (4) of section 8433 of this title or (B) by striking out ‘‘unless the judge (ii) by striking out subparagraph (B); change a withdrawal election’’; and (3) in subsection (f)(1)— (B) by adding at the end thereof ‘‘A mar- elects, at such time and otherwise in such (A) by striking out ‘‘$3,500 or less’’ and in- ried employee or Member (or former em- manner as the Executive Director prescribes, serting in lieu thereof ‘‘less than an amount ployee or Member) may make a withdrawal one of the options available under section that the Executive Director prescribes by from a Thrift Savings Fund account under 8433(b)’’. regulation; and subsection (c)(1) of section 8433 of this title SEC. 316. DEFINITION OF BASIC PAY. (B) by striking out ‘‘unless the employee only if the employee or Member (or former (a) IN GENERAL.—(1) Section 8401(4) of title or Member elects, at such time and other- employee or Member) satisfies the require- 5, United States Code, is amended by strik- wise in such manner as the Executive Direc- ments of subparagraph (B).’’; ing out ‘‘except as provided in subchapter III tor prescribes, one of the options available (2) in subsection (c)— of this chapter,’’. under subsection (b), or’’ and inserting a (A) in paragraph (1)— (2) Section 8431 of title 5, United States comma; (i) by striking out ‘‘An election, change of Code, is repealed. (b) TECHNICAL AND CONFORMING AMEND- (4) in subsection (f)(2)— election, or modification of the commence- MENTS.—(1) The table of sections for chapter (A) by striking out ‘‘February 1’’ and in- ment date of a deferred annuity’’ and insert- 84 of title 5, United States Code, is amended serting in lieu thereof ‘‘April 1’’; ing in lieu thereof ‘‘An election or change of by striking out the item relating to section (B) in subparagraph (A)— election’’; and 8431. (i) by striking out ‘‘65’’ and inserting in (ii) by striking out ‘‘modification, or trans- (2) Section 5545a(h)(2)(A) of title 5, United lieu thereof ‘‘701⁄2’’; and fer’’ and inserting in lien thereof ‘‘or trans- States Code, is amended by striking out (ii) by inserting ‘‘or’’ after the semicolon; fer’’; and (B) in paragraph (2) in the matter following ‘‘8431,’’. (C) by striking out subparagraph (B); and (3) Section 615(f) of the Treasury, Postal (D) by redesignating subparagraph (C) as subparagraph (B)(ii) by striking out ‘‘modi- fication,’’; Service, and General Government Appropria- subparagraph (B); tions Act, 1996 (Public Law 104–52; 109 Stat. (5) in subsection (g)— (3) in subsection (e)— 500; 5 U.S.C. 5343 note) is amended by strik- (A) in paragraph (1) by striking out ‘‘after (A) in paragraph (1)— ing out ‘‘section 8431 of title 5, United States December 31, 1987, and’’, and by adding at the (i) in subparagraph (A)— Code,’’. end of the paragraph the following sentence: (I) by inserting ‘‘or withdrawal’’ after ‘‘A ‘‘Before a loan is issued, the Executive Direc- loan’’; SEC. 317. ELIGIBLE ROLLOVER DISTRIBUTIONS. Section 8432 of title 5, United States Code, tor shall provide in writing the employee or (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; is amended by adding at the end the follow- Member with appropriate information con- and ing: cerning the cost of the loan relative to other (III) by inserting ‘‘or withdrawal’’ after ‘‘such loan’’; ‘‘(j)(1) For the purpose of this subsection— sources of financing, as well as the lifetime ‘‘(A) the term ‘eligible rollover distribu- cost of the loan, including the difference in (ii) in subparagraph (B) by inserting ‘‘or withdrawal’’ after ‘‘loan’’; and tion’ has the meaning given such term by interest rates between the funds offered by section 402(c)(4) of the Internal Revenue Code the Thrift Savings Fund, and any other ef- (iii) in subparagraph (C)— (I) by inserting ‘‘or withdrawal’’ after ‘‘to of 1986; and fect of such loan on the employee’s or Mem- ‘‘(B) the term ‘qualified trust’ has the ber’s final account balance.’’; and a loan’’; and (II) by inserting ‘‘or withdrawal’’ after ‘‘for meaning given such term by section 402(c)(8) (B) by striking out paragraph (2) and redes- of the Internal Revenue Code of 1986. ignating paragraphs (3) through (5) as para- such loan’’; and (B) in paragraph (2)— ‘‘(2) An employee or Member may contrib- graphs (2) through (4), respectively; and (i) by inserting ‘‘or withdrawal’’ after ute to the Thrift Savings Fund an eligible (6) by adding after subsection (g) the fol- ‘‘loan’’; and rollover distribution from a qualified trust. lowing new subsection: (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; A contribution made under this subsection ‘‘(h)(1) An employee or Member may apply, shall be made in the form described in sec- before separation, to the Board for permis- and tion 401(a)(31) of the Internal Revenue Code sion to withdraw an amount from the em- (4) in subsection (g)— of 1986. In the case of an eligible rollover dis- ployee’s or Member’s account based upon— (A) by inserting ‘‘or withdrawals’’ after tribution, the maximum amount transferred ‘‘(A) the employee or Member having at- ‘‘loans’’; and (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. to the Thrift Savings Fund shall not exceed tained age 591⁄2; or the amount which would otherwise have ‘‘(B) financial hardship. SEC. 315. DE MINIMUS ACCOUNTS RELATING TO ‘‘(2) A withdrawal under paragraph (1)(A) THE JUDICIARY. been included in the employee’s or Member’s shall be available to each eligible participant (a) JUSTICES AND JUDGES.—Section gross income for Federal income tax pur- one time only. 8440a(b)(7) of title 5, United States Code, is poses. ‘‘(3) A withdrawal under paragraph (1)(B) amended— ‘‘(3) The Executive Director shall prescribe shall be available only for an amount not ex- (1) by striking out ‘‘$3,500 or less’’ and in- regulations to carry out this subsection.’’. ceeding the value of that portion of such ac- serting in lieu thereof ‘‘less than an amount SEC. 318. EFFECTIVE DATE. count which is attributable to contributions that the Executive Director prescribes by This subtitle shall take effect on the date made by the employee or Member under sec- regulation’’; and of the enactment of this Act, and withdraw- tion 8432(a) of this title. (2) by striking out ‘‘unless the justice or als, loans, rollovers, and elections as pro- ‘‘(4) Withdrawals under paragraph (1) shall judge elects, at such time and otherwise in vided under the amendments made by this be subject to such other conditions as the such manner as the Executive Director pre- subtitle shall be made at the earliest prac- Executive Director may prescribe by regula- scribes, one of the options available under ticable date as determined by the Executive tion. section 8433(b)’’. Director in regulations. H11210 CONGRESSIONAL RECORD — HOUSE September 25, 1996 TITLE IV—PROVISIONS RELATING TO THE tragedy at Oklahoma City is an exam- Administration to appoint new faculty CONVERSION OF CERTAIN EXCEPTED ple of the situations in which these members to competitive service posi- SERVICE POSITIONS IN THE UNITED special leave banks may be established. tions. STATES FIRE ADMINISTRATION Mr. Speaker, this bill provides for a hu- Mr. Speaker, I am pleased that we SEC. 401. CONVERSION OF POSITIONS. mane and a just opportunity for our have had the cooperation of the gen- (a) IN GENERAL.—No later than the date de- Federal employees to help one another. tleman from Virginia [Mr. MORAN], the scribed under subsection (d)(1), the Director ranking member, and the gentlewoman of the Federal Emergency Management Title II of the bill, Mr. Speaker, is es- Agency and the Director of the Office of Per- sentially the same as the Veterans from Maryland [Mrs. MORELLA] a lead- sonnel Management shall take such actions Preference Employment Opportunity er on our Civil Service Subcommittee as necessary to convert each excepted serv- Act of 1996. This measure, H.R. 3586, is that I am so pleased to have the oppor- ice position established before the date of legislation that I introduced, and we tunity to chair. I also want to recog- the enactment of this Act under section passed the earlier version of this bill by nize the gentleman from Virginia [Mr. 7(c)(4) of the Federal Fire Prevention and voice vote in July. Title II creates an DAVIS] for his fine work and contribu- Control Act of 1974 (15 U.S.C. 2206(c)(4)) to a effective redress system for our veter- tions, and also, not a member of the competitive service position. ans. It strengthens veterans protec- subcommittee or committee, but the (b) EFFECT ON EMPLOYEES.—Any employee gentleman from Virginia [Mr. WOLF] employed on the date of the enactment of tions in the case of a reduction in this Act in an excepted service position con- force, and it extends additional eco- who is a strong advocate on behalf of verted under subsection (a)— nomic opportunities to our veterans. In our Federal employees and workers. (1) shall remain employed in the competi- addition, the bill extends veterans pref- Mr. Speaker, I reserve the balance of tive service position so converted without a erence to certain jobs in the legislative my time. break in service; branch, in the judicial branch, and at Mr. FALEOMAVAEGA. Mr. Speaker, (2) by reason of such conversion, shall have the White House. I yield myself such time as I may no— In our handling of this matter, we consume. (A) diminution of seniority; found that sometimes our veterans are (Mr. FALEOMAVAEGA asked and (B) reduction of cumulative years of serv- was given permission to revise and ex- the first fired and the last hired, and ice; and tend his remarks.) this bill moves to correct that situa- (C) requirement to serve an additional pro- Mr. FALEOMAVAEGA. Mr. Speaker, bationary period applied; and tion. due to a conflict in scheduling and be- (3) shall retain their standing and partici- We have slightly modified the lan- cause of a prior commitment in his pation with respect to chapter 83 or 84 of guage of H.R. 3586 in an effort to re- congressional district, the gentleman title 5, United States Code, relating to Fed- spond to concerns raised by the Amer- from Virginia [Mr. MORAN] who is also eral retirement. ican Postal Workers Union after we (c) PROSPECTIVE COMPETITIVE SERVICE PO- the senior Democrat of the subcommit- passed our original bill from the House. SITIONS.—Section 7(c)(4) of the Federal Fire tee, has requested that I assist him in Prevention and Control Act of 1974 (15 U.S.C. The APWU’s concern is that the lan- managing this bill before the House. In 2206(c)(4)) is amended to read as follows: guage of the original bill might have doing so, Mr. Speaker, and on behalf of ‘‘(4) appoint faculty members to competi- interfered with the operation of job the gentleman from Virginia and Mem- tive service positions and with respect to bidding procedures in their collective- bers from this side of the aisle, I am temporary and intermittent services, to bargaining agreements. It was not our make appointments of consultants to the pleased to rise in support of Senate bill intention, Mr. Speaker, to interfere 868 and the managers’ amendment of- same extent as is authorized by section 3109 with the Postal Union collective bar- of title 5, United States Code;’’. fered by the gentleman from Florida (d) EFFECTIVE DATE.—(1) Except as pro- gaining agreements, and we hope that [Mr. MICA]. Senate bill 868 is a simple vided under paragraph (2), this section shall our changes have in fact clarified this bill first proposed by the Office of Per- take effect on the first day of the first pay matter. sonnel Management after the tragic period, applicable to the positions described In addition, the Department of De- bombing in Oklahoma City. under subsection (a), beginning after the fense has been given more time to com- date of the enactment of this Act. ply with the rif provisions of the bill b 2130 (2)(A) The Director of the Federal Emer- and another modification they re- It makes it easier for Federal em- gency Management Agency and the Director quested. ployees to donate unused annual leave of the Office of Personnel Management shall take such actions as directed under sub- In title III, Mr. Speaker, our provi- to their counterparts who have been section (a) on and after the date of the enact- sions make the Thrift Savings Plan adversely impacted by a disaster or na- ment of this Act. even more attractive to our Federal tional emergency. This bill passed the (B) Subsection (c) shall take effect on the employees. They establish two new in- Senate unanimously last October and date of the enactment of this Act. vestment funds for Federal employees, recently passed the Government Re- The SPEAKER pro tempore. Pursu- an international stock index fund and a form and Oversight Committee on ant to the rule, the gentleman from small capitalization stock index fund. voice vote. Florida [Mr. MICA] and the gentleman In addition, these provisions will make To this legislation, Mr. MICA is offer- from American Samoa [Mr. it easier for Federal employees to bor- ing a manager’s amendment that incor- FALEOMAVAEGA] each will control 20 row their own money from the Thrift porates other important provisions. minutes. Savings Plan and provide for a onetime The first makes important reforms to The Chair recognizes the gentleman permanent withdrawal at age 591⁄2 or the Thrift Savings Plan and enables from Florida [Mr. MICA]. when they experience a particular fi- employees to participate in the plan Mr. MICA. Mr. Speaker, I yield my- nancial hardship. earlier and to invest their funds in two self such time as I may consume. Title III also contains an improve- new plans. The Thrift Savings Plan is a Mr. Speaker, the bill before us con- ment to the Thrift Savings Plan that very successful retirement plan that tains actually three bills that have al- was not in S. 1080. Under this bill, em- enables Federal employees to save for ready passed the other body, S. 868, S. ployees who come to work for the Gov- their retirement. The provisions in this 1080, and S. 1488. The Senate passed two ernment will be able to deposit the legislation will also provide Federal of these bills by unanimous consent, funds from their private 401(k) plans employees the same flexibilities en- and the third by voice vote. In addi- into our Thrift Savings Plan. This is an joyed by their private sector counter- tion, title II of this bill is virtually additional rollover authority, which parts who participate in 401(k) plans. identical to H.R. 3586, which the House should make Government employment This provision also allows Federal em- passed by voice vote on July 30, 1996. more attractive to many in the private ployees to borrow against their ac- Title I of this bill is identical in all sector. counts for any reason. material respects to S. 868, the Federal Finally, Mr. Speaker, title IV of this The second provision is the Veterans Employee Emergency Leave Transfer bill incorporates the provisions of S. Employment Opportunities and Im- Act of 1995. This title authorizes the es- 1488. That bill converts certain accept- provement Act. This legislation has tablishment of a special leave bank for ed service positions in the U.S. Fire passed the House by voice vote and Federal employees in the event of a Administration to competitive service makes some positive reforms in the ap- presidentially declared emergency. The positions. It also authorizes the Fire plication of our veterans’ preference September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11211 laws. By attaching this provision to S. Unlike many private plans, the TSP peting for management positions. This 868, the majority expects that we will limits employees to three investment provision would convert the eight re- be able to engage the Senate in a con- funds: the Government Securities In- maining excepted service positions at ference on this legislation and break vestment (G) Fund, the Common Stock the U.S. Fire Administration to com- the current deadlock. Index Investment (C) Fund, and the petitive service status to remedy this Finally, the manager’s amendment Fixed Income Investment (F) Fund. unfair situation. The Office of Person- incorporates a provision that was in- Eighty two percent of the largest cor- nel Management supports this provi- troduced by Senator SARBANES and porations now offer four or more in- sion, and CBO has indicated that there passed the Senate by voice vote. This is vestment options in their defined con- would be no cost for this conversion. more a technical provision and will tribution plans, and 50 percent offer This bill also contains the veterans’ help remedy a situation that affects five or more options. As the number of preference provisions passed by the only a limited number of employees. I funds offered increases, small-cap and House in July. These provisions were support the effort to enact this correc- international funds are among the developed pursuant to a hearing held in tion. most popular additions. H.R. 2306 would the Civil Service Subcommittee last Again, I support this legislation and give Federal workers two new invest- April. We learned that simply giving the manager’s amendment. I hope it ment options under the Thrift Savings veterans augmented scores and certain will have my colleagues support as Plan: a Small Capitalization Stock due process protections does not nec- well. Index Investment Fund and Inter- essarily give them the rightful addi- Mr. Speaker, I urge my colleagues to national Stock Index Fund. These tional assistance in obtaining and re- support this legislation. funds will provide Federal employees taining civilian employment with the Mr. Speaker, I reserve the balance of with a long-term investment strategy Federal Government that they deserve. my time. comparable to private pension plans. Testimony from veterans associa- Mr. MICA. Mr. Speaker, I yield such tions and from veterans such as John time as she may consume to the gen- Adding two new options to Federal em- Fales, the author of the Sgt. Shaft col- tlewoman from Maryland, [Mrs. ployees’ retirement investment port- folios will potentially increase their in- umn in the Washington Times, illus- MORELLA], who I am pleased to say is a trated the need for this protection. Mr. very strong advocate on behalf of our vestment earnings for retirement, and Fales shared some of the hundreds of Federal employees, someone who it will empower Federal workers to letters he has received that describe shares a caring and compassion for take a more active and personal re- them, and one of the most productive sponsibility for their retirement. the challenges faced by veterans em- This legislation will also permit Fed- members of the Subcommittee on Civil ployed by the Federal Government. eral employees to begin to withdraw The Veterans Employment Opportu- Service. 1 Mrs. MORELLA. Mr. Speaker, I want money from the TSP at age 59 ⁄2, even nities Act of 1996 would strengthen, to thank the gentleman who chairs our if they continue to work and invest in and, in the case of hiring, broaden the Subcommittee on Civil Service not the plan. The money withdrawn would applicability of veterans’ preference only for the fine words but the leader- be taxable, but it would not be subject laws. H.R. 3586 would provide increased ship he has shown during this very to any early-retirement penalty. Under protection during reductions-in-force, challenging time for Federal employees the current rules, an employee cannot establishes an enhanced redress sys- and Federal agencies. I value that very withdraw money before retiring. The tem, and applies veterans’ preference much. legislation also significantly improves to nonpolitical positions at both the Mr. Speaker, I rise in strong support borrowing provisions to allow employ- White House and in the legislative of S. 868, legislation that will help our ees to borrow money from their own branch, as well to as many positions in dedicated Federal employees in a vari- accounts as long as they repay it. the judicial branch. It also extends vet- ety of ways. Civil servants are facing Federal employees face uncertainty erans’ preference when Rif’s occur in hard times, and they are understand- caused by Federal downsizing and the the Federal Aviation Administration, ably apprehensive about the future. recent Government shutdowns. Over 2 and it will allow veterans claiming Although I would have liked to con- million Federal employees also worry they were denied preference to take sider several pieces of legislation that I about their retirement, and this legis- their case to Federal court for the first have introduced to help Federal em- lation would bolster a critical compo- time. I am sensitive to the differing ployees meet the challenges of the nent of their retirement benefits. circumstances of the postal service, changing workplace, this bill is a step Unfortunately, this legislation does and I will work to address their con- in the right direction. I am proud to not include a critical provision in my cerns in conference. have drafted portions of this legisla- TSP bill—the provision to allow em- In the event of a disaster or emer- tion to improve the lives of our Federal ployees to invest up to the $9,500 IRS gency, this legislation would allow employees. Tomorrow, as part of civil limit of their own to the TSP. Cur- Federal employees in any agency to do- service reform, we will consider addi- rently, FERS employees can put in up nate their unused annual leave to Fed- tional proposals that I have drafted to to 10 percent of their salary with a eral employees adversely affected. It is help civil servants. Government match of up to 5 percent, too bad that we have to pass legisla- S. 868 contains legislation I intro- and CSRS employees can invest up to 5 tion to allow Federal employees to duced, H.R. 2306, the Federal Thrift percent of their salary. I will continue help one another in such times of need, Savings Plan Enhancement Act. These to pursue legislation to increase this but I commend the many Federal em- provisions will bolster a critical com- amount to the IRS limit separately. ployees who will put the needs of oth- ponent of Federal employees’ retire- This legislation also contains a pro- ers before themselves and help those in ment benefits—the Thrift Savings vision important to firefighters in my need by donating their annual leave. Plan—at no cost to taxpayers. district. When the Federal Emergency This small change to the law is par- The Thrift Savings Plan [TSP] is a Management Agency was formed 20 ticularly important in the wake of retirement savings and investment years ago, it placed a number of its em- such tragedies such as Oklahoma City, plan for Federal and postal employees. ployees with specific fire-fighting ex- and I strongly urge its passage. It offers the same type of savings and pertise in the National Fire Academy Mr. Speaker, I strongly urge the pas- tax benefits that many private cor- under ‘‘excepted’’ service status. After sage of S. 868, and again I thank the porations offer their employees under the NFA has filled their vacancies, new gentleman for the time that he has 401(k) plans. The TSP is critical for all hires were obtained through a competi- given me to comment on what I think Federal employees, but it is particu- tive civil service hiring system. Today, is an important bill. I also want to larly important for those employees 91 of the NFA’s 99 employees are under commend the ranking member of our hired in the last decade who, under the the general schedule and 8 remain in subcommittee, the gentleman from Federal Employees Retirement Sys- excepted status. These eight employees Virginia [Mr. MORAN]. tem, receive smaller civil service bene- are subject to significant limitations Mr. FALEOMAVAEGA. Mr. Speaker, fits and need to invest more money to within the U.S. Fire Administration, I yield myself such time as I may enhance their retirement income. and they are legally barred from com- consume to concur in the remarks H11212 CONGRESSIONAL RECORD — HOUSE September 25, 1996 made earlier by the gentlewoman from very, very important. This will speed tleman from Virginia [Mr. WOLF], who Maryland. She certainly has been a up that entire process so that they can is not on the committee, who has con- great advocate of our work force in the have due process. tributed to this and other productive civil service, and I am sure that be- Another provision removes artificial civil service legislation; also the gen- cause the legislation is not exactly a barriers that often bar service men and tleman from New York [Mr. SOLOMON] perfect one that, hopefully, in the next women from competing for Federal for his tremendous interest and efforts Congress, some of the sentiments and jobs. These individuals should be able on behalf of our veterans. His service concerns she has expressed earlier will to compete for jobs for which they goes on and on in their behalf and on be taken seriously. qualify just like any other Federal em- behalf of the Congress. The gentleman Mr. Speaker, I also want to recognize ployee. from Indiana [Mr. BUYER] who is not the contributions of the members of Thirdly, it extends veterans pref- with us tonight but chairs one of the the subcommittee, the gentleman from erence to certain jobs in this legisla- veterans subcommittees, also contrib- Pennsylvania [Mr. HOLDEN], the gen- tive branch, where the gentleman and I uted greatly. tleman from Vermont [Mr. SANDERS], serve, in the judiciary branch, and in Finally, Mr. Speaker, by combining and the gentlewoman from Illinois the White House as well. title II with three Senate bills we are, in fact, giving the other body a very [Mrs. COLLINS] absolutely the senior b 2145 Democrat, the ranking member of the convenient way of addressing veterans full committee, for the tremendous Members might ask, why are veter- preference in the few remaining legis- contributions that she has rendered for ans given these particular preferences? lative days that we have left in this our government in all these years that Whether you serve for 20 years in the session. she has served in this capacity as a military, whether you serve for 4 years Mr. Speaker, the bill before us today member of the Committee on Govern- or 2 years, let us just say you serve for and tonight is, in fact, a good one. It ment Reform and Oversight. 4 years and you were an 18-year-old authorizes emergency leave for our Mr. Speaker, I yield back the balance when you went in the military, and at Federal employees. It strengthens our of my time. the same time your peer did not go in veterans preference. It improves the Mr. MICA. Mr. Speaker, I yield such the military as he went on to college. thrift savings plan and makes desirable time as he may consume to the gen- And he graduates then from college 4 modifications to the employment sta- tleman from New York [Mr. SOLOMON], years before you do. He enters the job tus of employees at the Fire Adminis- who is one of the strongest advocates market 4 years before you do. All of tration. in the Congress on behalf of veterans that, that 4-year loss, when you are This legislation tonight and bills and also has the honor and distinction working at a substantially lesser bene- that we hope to pass in tomorrow’s ses- of serving as chairman of our Commit- fit, when there are no benefits really in sion can go a long way toward making tee on Rules. the military because you are not going it a better Federal workplace and a Mr. SOLOMON. Mr. Speaker, I want to stay long enough to gain retirement better Federal work force. to thank the gentleman from Florida, benefits, that loss to you compared to I urge my colleagues to vote for these measures and for this bill. JOHN MICA. Quite often I mistake JOHN your peer amounts to about $68,000 over Mr. FALEOMAVAEGA. Mr. Speaker, and sometimes I call him Dan, and that a 4-year period. A young man or young woman enter- will the gentleman yield? is because 18 years ago Dan Mica, his Mr. MICA. I yield to the gentleman ing the military, when he or she gets brother, and I came to this Congress. from American Samoa. His brother was a Democrat on the out, they are always going to be $68,000 Mr. FALEOMAVAEGA. Mr. Speaker, other side of the aisle but an outstand- poorer than the peer that did not have I would be remiss if I did not also ex- ing Member of this body who served the opportunity to serve. So that is press the gentleman from Virginia’s with me on the Committee on Inter- really what veterans preference is all sentiments in expressing to the gen- national Relations, as he did with the about. It is a way of allowing them to tleman from Florida, as chairman of Speaker, at that time. catch up, which is why we have the the subcommittee, for the outstanding Mr. Speaker, I wanted to stand up peacetime GI bill. That is why this job that he has done and the spirit of here for a moment just to praise JOHN piece of legislation is so terribly im- bipartisanship that we were able to MICA, his subcommittee, and the mem- portant. work out the differences in bringing us bers of this subcommittee, like the I want to commend the gentleman to the floor at this point in time. I from Florida, Mr. JOHN MICA, for the gentlewoman from Maryland, CONNIE want to note that for the RECORD to MORELLA, and certainly my good good job that he and that the members the gentleman from Florida for the tre- friend, the gentleman from American of his committee have done. Let us get mendous job that he has done in bring- Samoa, Mr. FALEOMAVAEGA, for the it passed. Let us get it sent to the ing this legislation to fruition. good job they always do. President and get his signature on it. Mr. MICA. Mr. Speaker, I thank the Quite often Federal employees come Mr. MICA. Mr. Speaker, I yield my- gentleman. under undue criticism. Yet, the vast self such time as I may consume. Again, I urge passage of this and, fi- majority of them are good people, they I would like to conclude my remarks nally, thank the staff on both sides of are conscientious, they are polite, they on this legislation and just take a mo- the aisle for their tremendous con- are courteous, and they do their job. I ment, as we finish our comments, to tributions. just want to commend the gentleman thank the gentleman from American Mr. MORAN. Mr. Speaker, I am pleased to for the job he is doing on this piece of Samoa for his assistance tonight in rise in support of S. 868 and the manager's legislation, because in the long run moving this legislation forward. Also amendment offered by Representative MICA. that is what it is meant to do. It is to thank the ranking member of our S. 868 is a simple bill first proposed by the meant to help Federal employees to do subcommittee, the gentleman from Office of Personnel Management after the their job. Virginia [Mr. MORAN] who is not able tragic bombing in Oklahoma City. It makes it I want to concentrate briefly on the to be with us but who has provided easier for federal employees to donate unused veterans preference benefits that are great leadership on this and other civil annual leave to their counterparts who have here. Mr. MICA has been very active in service issues, and particularly the been adversely impacted by a disaster or na- legislation along this line. The gen- gentlewoman from Maryland [Mrs. tional emergency. This bill passed the Senate tleman and I have worked together on MORELLA], as part of this legislation unanimously last October and recently passed many pieces of legislation just in the and, in fact, as part of her initiatives, the Government Reform and Oversight Com- last 18 months dealing with it. continuing efforts on behalf of our civil mittee on voice vote. One of the provisions, as CONNIE servants whom she holds so dearly, To this legislation, Mr. MICA is offering a MORELLA was alluding to earlier, was both their service and their contribu- manager's amendment that incorporates other the provision that for the first time es- tion to our Federal Government. I important provisions. The first makes impor- tablishes an effective user-friendly re- thank her. I thank the gentleman from tant reforms to the Thrift Savings Plan and en- dress system for veterans who believe Virginia [Mr. DAVIS] of our subcommit- ables employees to participate in the plan ear- their rights have been violated. This is tee and also, as I mentioned, the gen- lier and to invest their funds in two new plans. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11213 The Thrift Savings Plan is a very successful been in the forefront of promoting women and ary, located approximately 0.7 miles down- retirement plan that enables federal employ- minorities among the ranks, and it is time for stream from the Ridgway Borough limit, to ees to save for their retirement. The provisions federal hiring managers to put veterans first. an unnamed tributary in the backwaters of Piney Dam approximately 0.6 miles down- in this legislation will also provide federal em- I am also pleased that S. 868 will apply vet- stream from Blyson Run, to be administered ployees the same flexibiliies enjoyed by their erans preference to non-political employees of by the Secretary of Agriculture in the fol- private sector counterparts who participate in the Congress, the White House, and the Judi- lowing classifications: 401(k) plans. This provision also allows fed- ciary Branch. The only thing special here is ‘‘(A) The approximately 8.6-mile segment eral employees to borrow against their ac- the nation's commitment to a very special of the main stem from the Allegheny Na- counts for any reason. class of personÐveterans. The approach tional Forest/State Game Lands Number 44 The second provision is the Veterans Em- taken in the bill to these principles is reason- boundary, located approximately 0.7 miles ployment Opportunities and Improvement Act. able and is not unduly restrictive. downstream from the Ridgway Borough limit, to Portland Mills, as a recreational This legislation has passed the House by Mr. Chairman, let me close by noting that a river. voice vote and makes some positive reforms little over 50 years ago, we were just winding ‘‘(B) The approximately 8-mile segment of in the application of our Veterans' preference up the bloody Pacific Campaign. A few years the main stem from Portland Mills to the Al- laws. By attaching this provision to S. 868, the later, our forces were fighting and dying to legheny National Forest boundary, located majority expects that we will be able to en- maintain democracy's foothold on the Korean approximately 0.8 miles downstream from gage the Senate in a conference on this legis- Peninsula. Slightly less than 30 years ago, our Irwin Run, as a scenic river. lation and break the current deadlock. forces distinguished themselves in turning ‘‘(C) The approximately 26-mile segment of Finally, the manager's amendment incor- the main stem from the Allegheny National back the Tet Offensive. And just five years Forest boundary, located approximately 0.8 porates a provision that was introduced by ago, the men and women of this nation struck miles downstream from Irwin Run, to the Senator SARBANES and passed the Senate by like lightning against Saddam Hussein. In less State Game Lands 283 boundary, located ap- voice vote. This is more a technical provision than 60 years those wearing the nation's uni- proximately 0.9 miles downstream from the and will help remedy a situation that affects form have earned this small benefit at the cost Cooksburg bridge, as a recreational river. only a limited number of employees. I support of nearly 520,000 deaths. This is a benefit that ‘‘(D) The approximately 9.1-mile segment the effort to enact this correction. costs the government nothing while honoring of the main stem from the State Game Lands 283 boundary, located approximately 0.9 Again, I support this legislation and the what is truly national service. manager's amendment. I hope it will have my miles downstream from the Cooksburg I strongly urge my colleagues to join all the bridge, to an unnamed tributary at the back- colleagues' support as well. major veterans service organizations in their waters of Piney Dam, located approximately Mr. BUYER. Mr. Speaker, I want to con- support of this bill and to vote in favor of S. 0.6 miles downstream from Blyson Run, as a gratulate and thank Chairman MICA and his 868. scenic river.’’. subcommittee for their magnificent efforts on Mr. MICA. Mr. Speaker, I yield back The SPEAKER pro tempore. Pursu- this very important piece of legislation and for the balance of my time. ant to the rule, the gentleman from their dogged determination to shepherd this The SPEAKER pro tempore (Mr. Utah [Mr. HANSEN] and the gentleman bill through the legislative process. WICKER). The question is on the motion from American Samoa [Mr. I had the honor of testifying before Mr. offered by the gentleman from Florida, FALEOMAVAEGA] each will control 20 MICA's subcommittee, and I am doubly [Mr. MICA] that the House suspend the minutes. pleased that some of the points I brought out rules and pass the Senate bill, S. 868, as The Chair recognizes the gentleman during the hearing are in the bill. I wish to amended. from Utah [Mr. HANSEN]. stress that the most important provisionÐthat The question was taken; and (two- Mr. HANSEN. Mr. Speaker, I yield of an administrative and judicial method for thirds having voted in favor thereof) myself such time as I may consume. veterans to pursue their employment claimsÐ the rules were suspended and the Sen- (Mr. HANSEN asked and was given is not an expansion of veterans preference, ate bill, as amended, was passed. permission to revise and extend his re- but a necessary provision to ensure just pro- A motion to reconsider was laid on marks.) tection of their rights as veterans. the table. Mr. HANSEN. Mr. Speaker, this is a And to those who feel that veterans don't f good bill, introduced by our colleague need the protections being provided to them in Mr. CLINGER, which provides for the this bill, let me just quote an internal memo GENERAL LEAVE designation of 51.7 miles of the Clarion from Postmaster General Marvin Runyon to Mr. MICA. Mr. Speaker, I ask unani- River in Pennsylvania under the Wild his Board of Governors. Mr. Runyon states mous consent that all Members may and Scenic River Act. About 60 percent that veterans preference will, ``have a det- have 5 legislative days in which to re- of the river courses through Forest rimental impact on the Postal Service,'' it vise and extend their remarks on S. Service and State game lands, and the would ``tie our hands,'' and it would, ``be costly 868, the Senate bill just passed. balance is abutted by private property and make our personnel decisions more dif- The SPEAKER pro tempore. Is there owners. The Forest Service has studied ficult and onerous.'' Finally, recognizing the objection to the request of the gen- this river pursuant to a directive by average American's support for veterans he tleman from Florida? Congress several years ago. The Forest says, ``this is a difficult issue to oppose pub- There was no objection. Service found strong local support for licly, especially in an election year.'' designation of the river, as attested to f The Postmaster almost got it right, but I by a proclamation issued by Gov. Tom would offer this. I would say that it is an issue CLARION RIVER NATIONAL WILD Ridge designating June 1996 as Clarion that should never be opposedÐelection year AND SCENIC RIVERS DESIGNATION River Month. or notÐbecause veterans preference must re- The administration fully supports main the cornerstone of federal employment, Mr. HANSEN. Mr. Speaker, I move to this legislation and I am aware of no simply because it is the right thing to do. suspend the rules and pass the bill objections to it, therefore, I urge my Veterans preference knows neither color nor (H.R. 3568) to designate 51.7 miles of colleagues to support H.R. 3568. gender, nor ethnic origin, whether the veteran the Clarion River, located in Penn- Mr. Speaker, I reserve the balance of is a Christian, Jew, Muslim or atheist. It is sylvania, as a component of the Na- my time. based on what is becoming a novel idea in tional Wild and Scenic Rivers System. Mr. FALEOMAVAEGA. Mr. Speaker, this countryÐa willingness to sacrifice one's The Clerk read as follows: I yield myself such time as I may life for the good of the nation. I challenge any- H.R. 3568 consume. one to point out a more appropriate group of Be it enacted by the Senate and House of Rep- (Mr. FALEOMAVAEGA asked and citizens to receive some small advantage in resentatives of the United States of America in was given permission to revise and ex- securing and maintaining federal employment. Congress assembled, That section 3(a) of the tend his remarks.) This bill will do much to reverse what I call Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) Mr. FALEOMAVAEGA. Mr. Speaker, is amended by adding at the end the follow- H.R. 3568 would designate 51.7 miles of a growing anti-veteran culture among bureau- ing new paragraph: crats. There is no doubt that women and mi- ‘‘( ) CLARION RIVER, PENNSYLVANIA.—The the Clarion River in Pennsylvania, as a norities have suffered employment discrimina- 51.7-mile segment of the main stem of the component of the national wild and tion in both the federal and private sector. But Clarion River from the Allegheny National scenic rivers system. I would note for let me stress that our military forces have Forest/State Game Lands Number 44 bound- the RECORD that we are being asked to H11214 CONGRESSIONAL RECORD — HOUSE September 25, 1996 proceed to designate the Clarion River to tell the subcommitttee about the passionate about preserving our local despite the fact that the wild and sce- economic benefit that will follow des- resources for the benefit of fellow nic river study that this House author- ignation of the corridor. Mr. David Pennsylvanians and all Americans. ized in the 102d Congress has not been Morris, executive director of a regional With that, I want to thank Chairman completed. However, we had favorable visitors bureau, stated that according YOUNG and Chairman HANSEN for their testimony on this proposal from the to the U.S. Travel Data Center, more support over the past months in bring- administration, the bill’s sponsor, and than $127 million are spent annually by ing this measure to the floor. the local community. That being the visitors to the Clarion area. This trans- Mr. Speaker, I also express my appre- case we will not object H.R. 3568, and I lates into some 1,700 jobs and over $3 ciation to the gentleman from Amer- urge my colleagues to support this leg- million in local tax receipts—jobs and ican Samoa for his willingness to also islation. revenue that might well be lost in the support the legislation. Mr. Speaker, I reserve the balance of future if the extraordinary recreational Mr. FALEOMAVAEGA. Mr. Speaker, my time. values of the river became degraded. I yield myself such time as I may Mr. HANSEN. Mr. Speaker, I yield Despite the many positive comments consume. such time as he may consume to the I received about H.R. 3568, and the out- I certainly would like to commend gentleman from Pennsylvania [Mr. pouring of public support that fueled the gentleman from Pennsylvania who is the chief sponsor of this legislation CLINGER], the author of the legislation. this effort from the start, that’s not to Mr. CLINGER. Mr. Speaker, it is an say reservations have not been voiced, and am most appreciative of his com- honor to stand here today and to rise but the critics have been few and large- ments. We do not have any additional in support of H.R. 3568—a bill to des- ly limited to those who oppose any des- speakers, but I want to say to the gen- tleman from Pennsylvania that hope- ignate 51.7 miles of the Clarion River— ignation under the act on philosophical fully sometime in the future I look for- located in Pennsylvania—as part of the grounds. National Wild and Scenic Rivers Sys- It has been my goal since the incep- ward to visiting the Clarion Wild River tem. tion of this project to maintain an and perhaps even asking other Mem- This effort started 4 years ago when open dialog with any and all interested bers. I can say also to the gentleman from the Clarion River became eligible for parties. Pending passage of this meas- Pennsylvania, we have a very sensitive study by direction of Public Law 102– ure, drafting of the management plan appreciation of what it means to try to 271 which conveyed a wild and scenic for the river will be developed with the pass legislation for not 1 year, not for designation upon the Allegheny River. same goal in mind: to achieve consen- 2 years, 3 years, but for 4 years. Some- In March of this year, the Forest sus among local, State, and Federal times our friends from downtown are Service determined after lengthy anal- agencies along with the interests of not exactly very cooperative of some of ysis that 51.7 miles of the Clarion River private citizens. the things that we here as Members contain outstanding scenic and rec- I believe it’s important to note that have tried to do in formulating pieces reational values of regional signifi- H.R. 3568 does not contain any un- of legislation. cance. Mr. Speaker, while I do not funded mandates; does not permit the With that, Mr. Speaker, I want to share the professional expertise of Government to acquire land through commend again the gentleman from those who made this determination, I condemnation since more than 50 per- Pennsylvania for bringing this piece of can attest to the fact that the eligible cent of the land is publicly owned; and legislation to the floor and having the corridor is indeed a natural and beau- would merely require the continuation sense of bipartisanship and support of tiful environmental treasure. of a requirement to submit new permit this bill. The Clarion River corridor is located applications for projects on public Mr. Speaker, I yield back the balance in the unglaciated Allegheny plateau, lands to be reviewed by the responsible of my time. is free flowing and relatively slow mov- State or Federal agency. This has al- Mr. HANSEN. Mr. Speaker, I have no ing. For that reason, more than 130,000 ready been the case since 1992. further requests for time, and I yield people have floated on the Clarion Mr. Speaker, I want to very grate- back the balance of my time. River in 1995. In fact, one of my staff fully thank all of my Pennsylvania col- The SPEAKER pro tempore. The members had the opportunity to float leagues—Republican and Democrat— question is on the motion offered by the river this summer during celebra- who lent their support to this effort, the gentleman from Utah [Mr. HANSEN] tion of Pennsylvania Rivers Month including 15 Pennsylvania House Mem- that the House suspend the rules and during which the Clarion River was bers and both of our Members from the pass the bill, H.R. 3568. recognized. other body—who introduced companion The question was taken; and (two- Apart from the Clarion River’s rec- legislation in the Senate. Their cospon- thirds having voted in favor thereof) reational value—which winds its way sorship is testimony to the fact that the rules were suspended and the bill through the Allegheny National For- preservation of our national resources was passed. est—its hallmark is its beauty and se- is an issue that knows no boundaries— A motion to reconsider was laid on renity. I strongly believe that such a congressional or otherwise. the table. unique natural resource-especially in I believe the words spoken by one of f the eastern United States—should be my constituents best capture the senti- b preserved and protected for the enjoy- ment and commitment by residents to 2200 ment of this and future generations. see the successful conclusion of this ef- GENERAL LEAVE And judging from the communication fort, as part of our national infrastruc- Mr. HANSEN. Mr. Speaker, I ask that I have had with the residents of ture, this employer will not relocate unanimous consent that all Members the area over the past 4 years, they for warmer weather or for less expen- have 5 legislative days to revise and ex- overwhelmingly agree. During hearings sive labor as some other industries tend their remarks on the bill just on H.R. 3568 before Chairman HANSEN’s have done. The Clarion is part of us passed. Subcommittee on National Parks, For- and is here as long as we are. The SPEAKER pro tempore (Mr. ests, and Lands, we heard positive tes- So, Mr. Speaker, in the waning days BURTON of Indiana). Is there objection timony from two residents of the Clar- of the 104th Congress—which brings to to the request of the gentleman from ion area—one private landowner and a close my career as a Member of this Utah? one travel and tourism representative. House—it’s a great opportunity to con- There was no objection. The testimony of Ms. Kimberly Mil- sider and pass this legislation which f ler, a landowner herself and a self-de- means so much to the people who have scribed caretaker of the land, was espe- sent me back to Washington for the WEKIVA RIVER, SEMINOLE CREEK, cially important considering her prop- past 18 years. While I have been fortu- AND ROCK SPRINGS RUN, FL, erty along the corridor has been in nate to guide many very important re- NATIONAL WILD AND SCENIC family ownership since 1883. form measures through the House this RIVERS SYSTEM STUDY Another Pennsylvania resident came year, H.R. 3568 allowed me to work Mr. HANSEN. Mr. Speaker, I move to to the Capitol for the hearing last July hand in hand with the citizens who are suspend the rules and pass the bill September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11215 (H.R. 3155) to amend the Wild and Sce- (Mr. FALEOMAVAEGA asked and I am sure that the Wekiva more than nic Rivers Act by designating the was given permission to revise and ex- qualifies for the designation of a Na- Wekiva River, Seminole Creek, and tend his remarks.) tional Wild and Scenic River. As some- Rock Springs Run in the State of Flor- Mr. FALEOMAVAEGA. Mr. Speaker, one who literally lives down the street ida for study and potential addition to H.R. 3155 amends the Wild and Scenic from the river, I can personally attest the National Wild and Scenic Rivers Rivers Act by designating the Wekiva to its delicate beauty and value that System, as amended. River and its tributaries in the State of should be preserved. The river and its The Clerk read as follows: Florida for study and potential addi- major tributaries are already des- H.R. 3155 tion to the National Wild and Scenic ignated as Outstanding Florida Waters Be it enacted by the Senate and House of Rep- Rivers System. The administration tes- and a State Wild and Scenic River, and resentatives of the United States of America in tified in favor of the measure and we the State of Florida has identified the Congress assembled, also understand that there is local sup- land around the Wekiva as a priority SECTION 1. ADDITIONAL DESIGNATION. port for such a study. The information for preservation. A national designa- Section 5(a) of the Wild and Scenic Rivers to be gained from such a study should tion, should it follow after the study, Act (16 U.S.C. 1276(a)) is amended by adding be helpful in providing for the care and would prohibit Federal agencies from at the end the following new paragraph: use of these river resources. As such we altering, or granting a permit to alter, ‘‘( ) WEKIVA RIVER, FLORIDA.—(A) The en- have no objection to H.R. 3155, and I the natural flow of the river. These tire river. ask my colleagues to support this leg- protections would ensure that the river ‘‘(B) The Seminole Creek tributary. islation. remains a source of enjoyment and ‘‘(C) The Rock Springs Run tributary.’’. I want to commend the gentleman from education for future generations. SEC. 2. STUDY AND REPORT. Additionally, a Federal designation Section 5(b) of the Wild and Scenic Rivers Florida [Mr. MCCOLLUM] for introducing this bill and again thank members of the Committee would be consistent with State policy, Act (16 U.S.C. 1276(b)) is amended by adding which has already recognized the im- at the end the following new paragraph: from both sides of the aisle for their support of ‘‘( ) The study of the Wekiva River and this measure. portance of this river. The Secretary of the Florida Department of Environ- the tributaries designated in paragraph ( ) Mr. Speaker, I reserve the balance of mental Protection has said that pas- of subsection (a) shall be completed and the my time. report transmitted to Congress not later Mr. HANSEN. Mr. Speaker, I yield sage of this legislation would be a than two years after the date of the enact- myself such time as I may consume. ‘‘great example of local, State, and ment of this paragraph.’’. Mr. Speaker, I would like to add that Federal governments, environmental The SPEAKER pro tempore. Pursu- this bill directs the administration to organizations, and community leaders ant to the rule, the gentleman from complete their study in 2 years. The partnering for increased protection of Utah [Mr. HANSEN] and the gentleman administration normally takes 3 years one Florida’s greatest nature treas- from American Samoa [Mr. to complete wild and scenic river stud- ures.’’ Mr. Speaker, my bill has bipartisan FALEOMAVAEGA] each will control 20 ies, but in this case there is so much support, and I have received assurances minutes. known about this river the length of that the appropriate State agencies The Chair recognizes the gentleman time is unnecessary. from Utah [Mr. HANSEN]. Mr. Speaker, I yield 3 minutes to the will work with the Department of the Interior to help expedite this study as Mr. HANSEN. Mr. Speaker, I yield gentleman from Florida [Mr. MCCOL- much as possible. I believe the time has myself such time as I may consume. LUM], the sponsor of the bill. (Mr. HANSEN asked and was given Mr. MCCOLLUM. Mr. Speaker, I am come for the Federal Government to permission to revise and extend his re- pleased that we are now considering consider making one of central Flor- marks.) H.R. 3155, a bill to designate the ida’s treasures, the Wekiva River, a Mr. HANSEN. Mr. Speaker, this is a Wekiva River, Seminole Creek, and National Wild and Scenic River. I urge noncontroversial bill, introduced by Rock Springs Run in central Florida an ‘‘aye’’ vote. Mr. HANSEN. Mr. Speaker, I yield 3 our colleague, Mr. MCCOLLUM, which for study and potential addition to the minutes to the gentleman from Florida authorizes the administration to con- National Wild and Scenic Rivers Sys- duct a study to determine if the [Mr. MICA]. tem. Naturally, I think this is a good Mr. MICA. Mr. Speaker, I thank the Wekiva River in Florida should be des- bill and would like to express my grati- distinguished gentleman from Utah for ignated for protection under the Wild tude for the work done by the Commit- yielding this time to me. and Scenic River Act. The river has tee on Resources and the Subcommit- Mr. Speaker, I am pleased to join my rich biological diversity, and is already tee on National Parks, Forests and colleague, the gentleman from Florida protected under Florida State law. The Lands. I would like to personally thank [Mr. MCCOLLUM] as a cosponsor of this State of Florida supports protection of my good friends and colleagues Chair- legislation, and I want to salute his this river so strongly that it has al- man YOUNG and Chairman HANSEN, as leadership. Mr. MCCOLLUM had the op- ready acquired 20,000 acres for preser- well as their knowledgeable, helpful portunity to represent this area before vation purposes along its shores. This staff for their efforts. I came to Congress, and now, as my legislation will enhance efforts already The Wekiva River Basin provides his- colleagues heard, lives close to the undertaken at the State and local torical, recreational, and educational Wekiva River, and he has taken this level. opportunities for residents and visi- step which really will do two things: The legislation is supported by the tors. The area is rich in natural re- first, the scenic designation which is so administration which has been listed sources, and once provided a home for important; and also a second step will on the National Park Service’s nation- prehistoric inhabitants. Eleven be to allow us to review what is going wide river inventory for potential archaeologic sites associated with var- on with this river to see that it can be study. ious Native American cultures have preserved and restored if necessary, for The bill directs the administration to been identified. The location of the future generations. complete their study in 2 years. The Wekiva River also allows for the study So this is a piece of legislation that administration normally takes 3 years of a diverse ecosystem and hosts a vari- has a great deal of meaning for the to complete wild and scenic river stud- ety of flora and fauna, including sev- gentleman for Florida [Mr. MCCOLLUM] ies, but in this case, where so much is eral threatened species such as the and also myself. I am privileged to rep- known about the river, that length of West Indian manatee, the American resent the 7th Congressional District of time is unnecessary. I know of no ob- bald eagle, and the Florida black bear. Florida, and that is the great growing jections to this legislation and encour- The Wekiva River and Rock Springs area from Orlando to Daytona Beach age all Members to support it. Run are also host to over 300,000 visi- which is just mushrooming since I was Mr. Speaker, I reserve the balance of tors a year. The river and the springs elected to Congress. We have two new my time. which feed into the basin provide visi- cities in my district just in 3-plus Mr. FALEOMAVAEGA. Mr. Speaker, tors with opportunities for canoeing, years. So this area is being encroached I yield myself such time as I may swimming, fishing, hiking, and horse- upon by development and by other fac- consume. back riding along nature trails. tors, and we do need to take a close H11216 CONGRESSIONAL RECORD — HOUSE September 25, 1996 look at what we are doing in this natu- The Clerk read as follows: boundary. H.R. 3497 is a bipartisan bill, ral reserve and preserve area. H.R. 3497 introduced by the entire Washington I am also pleased and want to thank Be it enacted by the Senate and House Rep- delegation, and it has support from the particularly Secretary Babbitt, the resentatives of the United States of America in administration and the public. gentleman from Ohio, Mr. REGULA, Congress assembled, The land exchange has been 12 years Senator MACK, and others who have as- SECTION 1. SHORT TITLE. in the making. It is the result of a col- sisted us in trying to connect the Ocala This Act may be cited as the ‘‘Snoqualmie laborative effort between the Sierra National Forest with the Wekiva Es- National Forest Boundary Adjustment Act Club’s Checkerboard Project and the tate Park and acquire 18,000 acres of 1996’’. Weyerhaeuser Co. The Forest Service along this area. This Congress has done SEC. 2. FINDINGS. will exchange approximately 7,200 acres more than anyone in the history that I The Congress finds the following: of national forest land for 33,000 acres know of, of the State or the Congress, (1) Certain private lands in the State of of private lands owned by the in preserving that area which will con- Washington presently owned by Weyerhaeuser Company and others are lo- Weyerhaeuser Co. The exchange is nect the national forests with the cated adjacent to the Snoqualmie National based on equal values of land and tim- State park and also with the scenic Forest and are logical extensions of the for- ber. designation do a great deal in preserv- est. In addition to the trade, the agree- ing an incredibly beautiful area for fu- (2) A boundary adjustment will facilitate a ment will result in a substantial dona- ture generations. land exchange which involves approximately tion of land from Weyerhaeuser to the So again I am pleased to join the gen- 7,200 acres of National Forest land and 33,000 Forest Service, including approxi- tleman from Florida [Mr. MCCOLLUM]. I acres of private land owned by Weyerhaeuser mately 900 acres which will be added to thank the gentleman for his leadership Company, of which 6,278 acres are outside the Alpine Lakes Wilderness. on this and others, and I urge my col- the present Snoqualmie National Forest boundary. Since 1991, surveys of the land and leagues to pass this very productive (3) Weyerhaeuser Company and the Forest timber resources have been completed, legislation. Service are prepared to exchange these and the biological, archaeological and Mr. FALEOMAVAEGA. Mr. Speaker, lands, which will benefit both the United wetland resources on the two owner- I yield myself such time as I may States and Weyerhaeuser by consolidating ships have been thoroughly studied. In consume. their respective land-ownership holdings and July, 1996, the Forest Service com- Mr. Speaker, I thank the gentleman providing reduced costs for each party to im- pleted a draft environmental impact from Florida [Mr. MCCOLLUM] for his plement their land management objectives, statement [EIS] for the land exchange providing an opportunity to implement more comments, and also as the chief spon- and requested public comment on the sor of this piece of legislation. I am effective ecosystem based management, pro- viding increased recreation opportunities for proposal. Three public meetings were sure that the good residents of his dis- the American public, providing enhanced held to discuss the land exchange and trict as well as the good people of Flor- fish and wildlife habitat protection, and sup- the draft EIS. Once a final EIS and ida will benefit from this piece of legis- porting the ‘‘Mountains-to-the Sound’’ goal record of decision are completed, H.R. lation when it is passed. of a continuous greenway between the Cas- 3497 will provide the authority the For- Again in the spirit of bipartisanship cade Mountains and Puget Sound. est Service needs to acquire the lands on this committee I would like to SEC. 3. BOUNDARY MODIFICATION. that lie outside the current forest thank him, and certainly also the gen- (a) IN GENERAL.—The Secretary of Agri- boundary. culture is hereby directed to modify the tleman from Florida [Mr. MICA] for his I commend my colleague, Ms. DUNN, boundary of the Snoqualmie National Forest support, and again I ask my colleagues for her leadership on this excellent that we support this piece of legisla- to include and encompass 10,589.47 acres, more or less, as generally depicted on a map measure. The environment and the peo- tion. ple of the Puget Sound region will ben- Mr. Speaker, I yield back the balance entitled ‘‘Snoqualmie National Forest Pro- posed 1996 Boundary Modification’’ dated efit as a result. I urge my colleagues to of my time. July 1, 1996. Such map, together with a legal support this legislation and vote with Mr. HANSEN. Mr. Speaker, I yield description of all lands included in the in favor of H.R. 3497. back the balance of my time. boundary adjustment, shall be on file and Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The available for public inspection in the Office my time. question is on the motion offered by of the Chief of the Forest Service in Wash- Mr. FALEOMAVAEGA. Mr. Speaker, the gentleman from Utah [Mr. HANSEN] ington, District of Columbia. I yield myself such time as I may that the House suspend the rules and (b) RULE FOR LAND AND WATER CONSERVA- consume. pass the bill, H.R. 3155, as amended. TION FUND.—For the purposes of section 7 of The question was taken; and (two- the Land and Water Conservation Fund Act (Mr. FALEOMAVAEGA asked and thirds having voted in favor thereof) of 1965 (16 U.S.C. 460l–9), the boundary of the was given permission to revise and ex- Snoqualmie National Forest, as modified the rules were suspended and the bill, tend his remarks.) pursuant to subsection (a), shall be consid- Mr. FALEOMAVAEGA. Mr. Speaker, as amended, was passed. ered to be the boundary of that National I am unaware of any problems with A motion to reconsider was laid on Forest as of January 1, 1965. the table. this legislation, H.R. 3497. The bill The SPEAKER pro tempore. Pursu- would alter the boundaries of a na- f ant to the rule, the gentleman from tional forest in the State of Washing- GENERAL LEAVE Utah [Mr. HANSEN] and the gentleman ton to facilitate a land exchange that Mr. HANSEN. Mr. Speaker, I ask from American Samoa [Mr. appears to be in the public interest. I unanimous consent that all Members FALEOMAVAEGA] each will control 20 understand the bill has the support of have 5 legislative days to revise and ex- minutes. the various interested parties and I tend their remarks on the bill just The Chair recognizes the gentleman have no obligation to the legislation. passed. from Utah [Mr. HANSEN]. Mr. HANSEN. Mr. Speaker, I have no The SPEAKER pro tempore. Is there Mr. HANSEN. Mr. Speaker, I yield requests for time, and I yield back the objection to the request of the gen- myself such time as I may consume. balance of my time. tleman from Utah? (Mr. HANSEN asked and was given Mr. FALEOMAVAEGA. Mr. Speaker, There was no objection. permission to revise and extend his re- I have no requests for time, and I yield f marks.) back the balance of my time. Mr. HANSEN. Mr. Speaker, I rise in The SPEAKER pro tempore. The SNOQUALMIE NATIONAL FOREST support of H.R. 3497, introduced by Ms. question is on the motion offered by BOUNDARY ADJUSTMENT ACT DUNN of Washington. This legislation the gentleman from Utah [Mr. HANSEN] OF 1996 modifies the boundary of the that the House suspend the rules and Mr. HANSEN. Mr. Speaker, I move to Snoqualmie National Forest to facili- pass the bill, H.R. 3497, as amended. suspend the rules and pass the bill tate a land exchange. It is needed be- The question was taken. (H.R. 3497) to expand the boundary of cause approximately 6,300 acres of land Mr. HANSEN. Mr. Speaker, on that I the Snoqualmie National Forest, and that would be exchanged to the Gov- demand the yeas and nays. for other purposes, as amended. ernment is outside the national forest The yeas and nays were ordered. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11217 The SPEAKER pro tempore. Pursu- b 2215 may have 5 legislative days within ant to clause 5 of rule I and the Chair’s I recommend a yes vote on H.R. 1834, which to revise and extend their re- prior announcement, further proceed- and I reserve the balance of my time, marks on S. 1834, the Senate bill just ings on this motion will be postponed. Mr. Speaker. passed. f Mr. FALEOMAVAEGA. Mr. Speaker, The SPEAKER pro tempore. Is there I yield myself such time as I nay objection to the request of the gen- GENERAL LEAVE consume. tleman from Utah? Mr. HANSEN. Mr. Speaker, I ask (Mr. FALEOMAVAEGA asked and There was no objection. unanimous consent that all Members was given permission to revise and ex- f have 5 legislative days to revise and ex- tend his remarks.) Mr. FALEOMAVAEGA. Mr. Speaker, ANNOUNCEMENT OF LEGISLATION tend their remarks and include extra- S. 1834 simply amends the Indian Envi- TO BE CONSIDERED UNDER SUS- neous material on H.R. 3497, the bill ronmental General Assistance Program PENSION OF RULES ON THURS- just considered. Act of 1992 to change the authorization DAY, SEPTEMBER 26, 1996 The SPEAKER pro tempore. It there of funds available under the program (Mr. WICKER asked and was given objection to the request of the gen- from the current level of $15 million to permission to address the House for 1 tleman from Utah? ‘‘such sums as may be necessary’’. minute and to revise and extend his re- There was no objection. Funding levels will still be subject to marks.) f inclusion in an appropriations bill and Mr. WICKER. Mr. Speaker, pursuant submitted each year to Congress. to House Resolution 525, the following INDIAN ENVIRONMENTAL GEN- This program awards general assist- bills are expected to be considered ERAL ASSISTANCE PROGRAM ance grants to Indian tribal Govern- under suspension of the rules on Thurs- ACT REAUTHORIZATION ments to enhance their ability to man- day, September 26: Mr. HANSEN. Mr. Speaker, I move to age environmental programs on Indian H. Con. Res. 180, Commending Ameri- suspend the rules and pass the Senate lands. To date approximately 100 tribes cans in Cold War; bill (S. 1834) to reauthorize the Indian have received multi media grants al- H.R. 3874, Civil Rights Commission; Environmental General Assistance lowing them to develop and implement H.R. 2977, Administrative Dispute Program Act of 1992, and for other pur- environmental protection procedures. Resolution Conference Report; poses. However the need far outweighs the H. Con. Res. 145, Re: Removal of Rus- The Clerk read as follows: current limit on funding. $28 million is sian Forces from Moldova; S. 1834 included in appropriations language for H. Con. Res. 189, Re: U.S. Membership Be it enacted by the Senate and House of Rep- fiscal year 19997 for this program. in South Pacific; resentatives of the United States of America in With the grant assistance from this H. Con. Res. 51, Removal of Russian Congress assembled, program, Indian tribes have developed Troops; SECTION 1. REAUTHORIZATION. comprehensive environmental pro- H.R. 2579, Establish Tourism Board; Section 502(h) of the Indian Environmental grams in the areas of solid and hazard- H.R. 3841, Civil Service Reform Act; General Assistance Program Act of 1992 (42 ous waste management, water and air H.R. 3973, Alaska Natives; U.S.C. 4368b(h)) is amended by striking quality, and pesticide management. H.R. 3752, American Land Sov- ‘‘$15,000,000’’ and inserting ‘‘such sums as The Penobsoct Indian Nation of Maine ereignty Protection; may be necessary’’. has established an award winning H.R. 3068, Prairie Island; The SPEAKER pro tempore. Pursu- water resources program. This program H.R. 2505, Alaska native Claim Set- ant to the rule, the gentleman from had been nationally recognized as a tlement Act Amendments; Utah [Mr. HANSEN] and the gentleman model for State-Tribal-Federal co- H.R. 4168, Dealing with the sale of from American Samoa [Mr. operation. Some tribes have been able Helium; to clean up solid and hazardous waste FALEOMAVAEGA] each will control 20 H.R. 2660, Tensas River National sites on their land with the help of this minutes. Wildlife; program. Still other tribes have closed The Chair recognizes the gentleman S. 1802, Wyoming Fish Conveyance; open-air dumps, established recycling from Utah [Mr. HANSEN]. H.R. 3804, Agua Caliente; programs, identified leaking under- Mr. HANSEN. Mr. Speaker, I yield H.R. 4011, Congressional Pension For- ground storage tanks and potential myself such time as I may consume. feiture Act; S. 1834 would reauthorize the Indian superfund sites. Mr. Speaker, the cost of this program S. 1970, National Museum of Amer- Environmental General Assistance ican Indian; Program Act of 1992. That Act provides is minimal compared to the return this nation, in cooperation with American H.R. 3700, Internet Election; general assistance to Indian tribes so S. 640, Water Resources Development that they can address environmental Indian nations, gains. I urge my col- leagues to support passage of this bill. Act Conference Report; issues on Indian lands. H.R. 3159, NTSB; and Through the funding provided in this Mr. Speaker, I have no further re- quests for time, and I yield back the H.R. 4138, Hydrogen Research & De- Act, Tribes are able to implement solid velopment. and hazardous waste programs on their balance of my time. Mr. HANSEN. Mr. Speaker, I have no f own lands. In this way Tribes are able further requests for time, and I yield to fulfill self-government requirements SPECIAL ORDERS back the balance of my time. by managing their own affairs using The SPEAKER pro tempore. [Mr. The SPEAKER pro tempore. Under their own expertise and their own expe- BURTON of Indiana]. The question is the Speaker’s announced policy of May rience. on the motion offered by the gen- 12, 1995, and under a previous order of To date over 100 tribes have received tleman from Utah, Mr. HANSEN, that the House, the following Members will grants under this act. At present tribes the House suspend the rules and pass be recognized for 5 minutes each. are developing environmental agree- the Senate bill, S. 1834. f ments which will identify environ- The question was taken; and (two- HONORING RETIRING WOMEN mental priorities and which will allow thirds having voted in favor thereof) Tribes to implement programs for MEMBERS OF THE HOUSE OF the rules were suspended and the Sen- REPRESENTATIVES water quality, solid waste manage- ate bill was passed. ment, air quality, and pesticide man- A motion to reconsider was laid on The SPEAKER pro tempore. Under a agement. the table. previous order of the House, the gentle- This is an important bill, Mr. Speak- f woman from Maryland [Mrs. MORELLA] er. It authorizes such sums as may be is recognized for 5 minutes. necessary for what I understand is GENERAL LEAVE Mrs. MORELLA. Mr. Speaker, I am vital funding to Indian Tribes through- Mr. HANSEN. Mr. Speaker, I ask pleased to give this special order hon- out our Nation. unanimous consent that all Members oring the women Members who will be H11218 CONGRESSIONAL RECORD — HOUSE September 25, 1996 retiring next year. I am saddened that child abuse prevention and child safe- African-American woman elected to so many talented women are planning ty. the U.S. Congress from the State of to leave Congress, and I wanted to take CARDISS has been particularly active Michigan. I have served with her on the this opportunity tonight to express our in fighting for gender equity in college Committee on Government Reform and gratitude for their many contributions athletics. Her advocacy of title IX led Oversight, where she is the ranking during their years of service. to her induction into the Women and member of the Subcommittee on Post- I am going to proceed in order of Girls’ Sports Hall of Fame in 1994. al Service. During the 103d Congress, years of service—first, PAT SCHROEDER, CARDISS’ leadership on these issues has BARBARA-ROSE served as the Chair of the dean of the women Members of been instrumental, and she will be the Subcommittee on Postal Oper- Congress. PAT was elected in 1972, and missed. ations. During her service in Congress, became the first woman to serve on the BARBARA VUCANOVICH has served in BARBARA-ROSE sponsored legislation to House Armed Services Committee. this body for seven terms, and is the combat stalking and to increase breast During her service on that Committee, first woman elected to a Federal office cancer research. She also chaired the from Nevada and the first Nevadan to PAT has been the champion of women Congressional Caucus on Children, serve in a leadership position in the in the military and military families. Youth, and Families in the 103d Con- House; she was elected secretary of the She has also served on the Judiciary gress. I know she will continue her Republican Conference earlier this Committee for many years, where she work on behalf of women and families year. She is the only Republican led the fight to expand civil rights pro- after she leaves this body. woman on the Appropriations Commit- tections and reproductive rights for BLANCHE LAMBERT LINCOLN became tee and she is the second woman in his- women. the first woman to represent the First tory to become an appropriations sub- For 1979 until 1995, PAT served as the District of Arkansas when she was committee chair. co-chair, along with Senator OLYMPIA elected in 1992. BLANCHE serves on the BARBARA has made many contribu- SNOWE, of the Congressional Caucus for tions to equity in women’s health re- Commerce Committee, and helped form Women’s Issues. Under their leader- search. As a breast cancer survivor, The Coalition, a group of conservative ship, Congress approved a number of BARBARA has brought her own experi- House Democrats who have sponsored a landmark bills, including the Family ence to the fight against breast cancer. number of important legislative initia- and Medical Leave Act, the Violence In her work on the Appropriations tives. The Coalition has worked with Against Women Act, the Civil Rights Committee, she has been a champion of the Tuesday Group, a group of mod- Restoration Act, the National Insti- breast cancer research, both at the Na- erate Republicans, to which I belong, tutes of Health Revitalization Act, tional Institutes of Health and the De- and I believe our groups have contrib- which made great strides in bringing partment of Defense. She has been a uted a great deal to the compromises equity to women’s health research, and vocal advocate for regular and afford- developed on a number of issues in this so many other reforms benefiting able mammograms and is the sponsor Congress. BLANCHE has also done a women and children. I have been hon- of legislation to provide annual mam- great deal to enhance rural develop- ored to be one of the two co-chairs, mograms for older women under Medi- ment in her district. I congratulate her along with my colleague and good care and Medicaid. BARBARA’s efforts on the birth of her twin boys this sum- friend, NITA LOWEY, to succeed PAT and on behalf of women and families will be mer, and I am sure that her departure now-Senator OLYMPIA SNOWE. missed, and I know that she will con- from public service is only a temporary PAT also served for many years as tinue her work for breast cancer pre- one? the chair of the former Select Commit- vention and research after she leaves ENID GREENE was elected in 1994, and tee on Children, Youth, and Families, Congress. was the first Republican freshman to and brought national attention to a JAN MEYERS was first elected to the be appointed to the House Rules Com- number of issues facing children and House in 1984, and is currently the mittee in 80 years. She serves on the families. She is currently serving as Chair of the House Small Business Congressional Family Caucus, the chair of the Women’s Caucus Task Committee, the first Republican House Small Business Survival Caucus, Force on Children, Youth, and Fami- woman since 1954 to chair a House com- and the Executive Committee of the lies. I also had the pleasure of serving mittee. Her expertise on small business Republican Congressional Committee. with her on the former Committee on issues has been invaluable, and she ENID has been a strong advocate for Post Office and Civil Service, where chairs the Women’s Caucus Task Force lobbying and budget reform. She also she served as chair of the Civil Service on Entrepreneurship and Economic Eq- has the distinction of being the first Subcommittee, and I can also attest to uity. JAN has worked very hard to re- Republican Member of Congress to give her commitment to federally employed store the home office deduction and she birth while in office. I wish her well in and retired women. has focused on promoting tax incen- the future. It is hard to imagine this House and tives and regulatory relief for small Mr. Speaker, the departure of these the Women’s Caucus without PAT businesses. She has also worked to ex- many women Members is a great loss SCHROEDER. She will be greatly missed. pand access to capital for small busi- for this body. I will be working with CARDISS COLLINS is another distin- nesses. these distinguished Members and my guished senior woman in the House and JAN has been a consistent and strong colleagues on both sides of the aisle to the longest serving African-American supporter of the rights of women, par- ensure that more women are assigned woman in Congress. I have had the ticularly the reproductive rights of to important committee positions and pleasure of serving with her on the women here in this country and that more women run for leadership Committee on Government Reform, abroad. She has served on the Inter- posts in both parties. I salute these and I have been impressed with her per- national Relations Committee, where outstanding women members of Con- severance on that committee. She has she has pursued her commitment to gress, and I look forward to continuing been a strong advocate for women, raising the status of women in develop- to work with them after they leave the families, the poor, and Federal workers ing countries. Last year, JAN sponsored House. and retirees. amendments to both the foreign aid au- Mr. Speaker, I believe very firmly During her service in Congress, thorization and appropriations bills to that every time a woman is elevated, CARDISS has worked to improve the protect family planning funding so all women are elevated, and society is health of women and minorities. She that women and their families can take richer for it. was the sponsor of legislation extend- control of decisions relating to the size f ing Medicare coverage for mammog- of their families and the spacing of raphy screening and sponsored legisla- their children. I am saddened to see RETIRING WOMEN MEMBERS OF CONGRESS tion that expanded Medicaid coverage JAN go, and her strong support of for Pap smears. CARDISS sponsored leg- women and families will be sorely The SPEAKER pro tempore. Under a islation that established a permanent missed. previous order of the House, the gentle- Office on Minority Health at NIH, and BARBARA ROSE COLLINS was elected woman from Texas [Ms. EDDIE BERNICE is the author of several laws addressing to Congress in 1990; she was the first JOHNSON] is recognized for 5 minutes. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11219 Ms. EDDIE BERNICE JOHNSON of Texas. armament, as well as women's economic eq- woman from Florida [Mrs. THURMAN] is Mr. Speaker, I rise today in recognition of our uity and health, and educational opportunity. recognized for 5 minutes. seven retiring women Members of Congress, From 1979 until 1995, Congresswoman [Mrs. THURMAN addressed the women who have diligently served their con- SCHROEDER cochaired the Congressional Cau- House. Her remarks will appear here- stituents and paved the road for many women cus for Women's Issues. after in the Extensions of Remarks.] ahead. Under her leadership, the Caucus launched f CARDISS COLLINS an effort to improve women's health policies First, I wish to recognize Congresswoman by submitting a comprehensive legislative The SPEAKER pro tempore. Under a CARDISS COLLINS, the longest serving African- package entitled the ``Women's Health Equity previous order of the House, the gen- American woman in Congress. Congress- Act.'' During the 103d Congress, several bills tleman from California [Mr. DREIER] is woman COLLINS has worked to improve the from this act were signed into law. recognized for 5 minutes. quality of health care for women and minori- On a more personal note, I was a part of [Mr. DREIER addressed the House. ties. your audience during your brief pursuit for the His remarks will appear hereafter in She has authored legislation which ex- office of the Presidency. the Extensions of Remarks.] I have no doubt that with all of the knowl- panded Medicare coverage for f mammographies and Pap smears which de- edge and leadership abilities that you pos- The SPEAKER pro tempore. Under a tect cervical and uterine cancers. sess, we will definitely see you again in the previous order of the House, the gen- In addition, the Congresswoman was the political arena. tleman from New York [Mr. HOUGHTON] guiding force for legislation which established Congresswoman SCHROEDER, tonight I join is recognized for 5 minutes. a permanent office on minority health within with my colleagues in commending you for the National Institutes of Health. your many hard fought battles on behalf of the [Mr. HOUGHTON addressed the Not only has Congresswoman COLLINS women and children of the world. House. His remarks will appear here- forged the way for women and women's is- BARBARA ROSE COLLINS after in the Extensions of Remarks.] sues, she has also made significant strides in As a fellow Congressional Black Caucus f member, I would also like to wish Congress- other legislative areas. The SPEAKER pro tempore. Under a woman BARBARA ROSE COLLINS well in her re- As chair of the Subcommittee on Com- previous order of the House, the gen- merce, Consumer Protection, and Competi- tirement. tleman from Florida [Mr. DIAZ- tiveness, she enacted the Child Abuse Pre- BLANCHE LAMBERT LINCOLN BALART] is recognized for 5 minutes. vention Act and the Child Safety Protection Congratulations also to Congresswoman [Mr. DIAZ-BALART addressed the Act. BLANCHE LAMBERT LINCOLN, my classmate The Congresswoman's efforts also led to from the neighboring State of Arkansas. House. His remarks will appear here- the adoption of the Aviation Security Improve- Congresswoman LINCOLN, you are a bright after in the Extensions of Remarks.] ment Act. and rising star. Good luck as you take your f Congresswoman COLLINS has been the first sabbatical to share your time with your family. The SPEAKER pro tempore. Under a in many of her endeavors, including: Finally, though I have not had long ac- previous order of the House, the gen- First woman and African-American to be quaintances with the other retiring Members, I tleman from Florida [Mr. MICA] is rec- Democratic whip-at-large; hear that there is life after office. ognized for 5 minutes. And, first woman and African-American to I hope that you will have positive and fruitful serve as chair of two subcommittees: (1) the experiences whether you choose to focus on [Mr. MICA addressed the House. His Government Operations Subcommittee on family or continue to serve the public. remarks will appear hereafter in the Manpower and Housing, and; Best wishes all. Extensions of Remarks.] (2) Subcommittee on Commerce, Consumer f f Protection, and Competitiveness. And the list The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a goes on. previous order of the House, the gentle- previous order of the House, the gen- Our working together in Congress has been woman from New York [Mrs. LOWEY] is tleman from Indiana [Mr. MCINTOSH] is great, but it does not surpass our social and recognized for 5 minutes. recognized for 5 minutes. personal relationship that has grown over the [Mrs. LOWEY addressed the House. [Mr. MCINTOSH addressed the House. years. Her remarks will appear hereafter in His remarks will appear hereafter in I met CARDISS shortly after she came to the the Extensions of Remarks.] the Extensions of Remarks.] Hill, and I was one of her sponsors for mem- bership in both Alpha Kappa Alpha Sorority, f f Inc., and the Links Inc.Ðtwo organizations The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a that are near and dear to my heart. previous order of the House, the gen- previous order of the House, the gentle- tleman from Florida [Mr. GOSS] is rec- I have enjoyed sharing my family with her woman from Washington [Ms. DUNN] is family. She knows that my door is always ognized for 5 minutes. recognized for 5 minutes. open to her, and vice versa. I have always [Mr. GOSS addressed the House. His [Ms. DUNN of Washington addressed been greeted with open arms and enjoyed her remarks will appear hereafter in the the House. Her remarks will appear home-cooked meals * * * and there is nothing Extensions of Remarks.] hereafter in the Extensions of Re- better than CARDISS COLLINS home-cooked f marks.] rolls! The SPEAKER pro tempore. Under a There is no doubt that I, along with your previous order of the House, the gen- f constituents and other Members of Congress tleman from California [Mr. FILNER] is The SPEAKER pro tempore. Under a will miss the wisdom and energy you brought recognized for 5 minutes. previous order of the House, the gen- to the House. [Mr. FILNER addressed the House. tleman from Pennsylvania [Mr. Congresswoman COLLINS, please know that His remarks will appear hereafter in WELDON] is recognized for 5 minutes. we appreciate all that you have done and the Extensions of Remarks.] [Mr. WELDON of Pennsylvania ad- what you symbolize. I know that you have in- f dressed the House. His remarks will ap- spired other women to fulfill their leadership pear hereafter in the Extensions of Re- potential. The SPEAKER pro tempore. Under a previous order of the House, the gen- marks.] PATRICIA SCHROEDER tleman from Illinois [Mr. LAHOOD] is f As the longest-serving woman in the House, recognized for 5 minutes. Congresswoman SCHROEDER's outspoken and The SPEAKER pro tempore. Under a independent voice will be greatly missed by all [Mr. LAHOOD addressed the House. previous order of the House, the gen- of us. His remarks will appear hereafter in tleman from Colorado [Mr. MCINNIS] is Through the years, Congresswoman the Extensions of Remarks.] recognized for 5 minutes. SCHROEDER has worked tirelessly and has f [Mr. MCINNIS addressed the House. demonstrated leadership in the areas of for- The SPEAKER pro tempore. Under a His remarks will appear hereafter in eign and military policy, arms control and dis- previous order of the House, the gentle- the Extensions of Remarks.] H11220 CONGRESSIONAL RECORD — HOUSE September 25, 1996 The SPEAKER pro tempore. Under a a majority on that agenda. We changed And then the would-be Speaker, our previous order of the House, the gen- the direction of debate in Washington current minority leader, said earlier tleman from California [Mr. RIGGS] is through that agenda. No longer are this year, ‘‘This was supposed to be the recognized for 5 minutes. people talking about a larger Federal Congress of the Republican contract [Mr. RIGGS addressed the House. His role. The discussion and debate now in and somewhere along the line we’ve got remarks will appear hereafter in the Washington, DC, is how we can make a lost contract there.’’ Extensions of Remarks.] government more efficient, how we can I will tell you where the contract is, f make the Federal role small, and em- to my distinguished colleague from phasize individual responsibility and Missouri, the contract is 65 percent b 2230 State and local control. And, best of signed into law right now. Sixty-five REVIEW OF CONTRACT WITH all, we kept our word to the American percent of the items that we voted on AMERICA AND OTHER ACCOM- people. in the Contract With America have not PLISHMENTS OF 104TH CON- At this point, I want to quote a story only been passed by this body, but have GRESS written by columnist David Broder, been passed by the U.S. Senate and dated April 9, 1995. True words then and signed into law by the Democrat Presi- The SPEAKER pro tempore (Mr. just as true today. David Broder said dent of the United States. BURTON of Indiana). Under the Speak- this: ‘‘It is healthy for our politics and Under the Contract With America, er’s announced policy of May 12, 1995, politicians, regardless of affiliation, the 104th Congress took the first steps the gentleman from Mississippi [Mr. when the public sees elected officials toward transforming government, not WICKER] is recognized for 60 minutes as doing what they promised.’’ only to provide a smaller, more effi- the designee of the majority leader. Mr. Broder goes on to say, ‘‘The cient government but a better govern- Mr. WICKER. Mr. Speaker, this Fri- greatest threat to our system of gov- ment. We passed legislation as part of day marks a very significant day for ernment is rampant cynicism. The best the contract that moves power, money me and many of my colleagues and, cure for cynicism is to demonstrate and authority from inside the Beltway most importantly, for millions of that campaigns and elections really to the States, communities and fami- Americans. This Friday, September 27, matter,’’ and Mr. Broder then says, lies. is the 2-year, is the 2-year anniversary ‘‘The House Republicans have provided Tonight, Mr. Speaker, I am joined by of the signing of the Contract With such a demonstration.’’ several of my freshman colleagues America. When more than 300 Repub- For over 40 years, one party held the from all across the Nation, north, licans gathered on the steps of the U.S. majority in this House of Representa- south, east and west, and we are here Capitol in 1994 to sign the Contract tives. As a result, we have high taxes. tonight to set the record straight. With America, it was not some kind of Almost 40 percent of a family’s income First, contrary to the inflamed rhet- campaign gimmick. It was a commit- goes to pay for government. We have oric of my Democratic colleagues and ment that we made, a signed contract mountains of bureaucratic regulations, much of the news media, the Contract with the people of the United States. bigger government, but we also have With America was largely successful. I At this point the pages are bringing a lower student test scores and a sky- know that my friend from Minnesota is copy of that contract to the well to rocketing crime rate. chomping at the bit to get in his two place by my colleague, the gentleman In 1994, Republicans summoned the cents’ worth, and I at this point yield from Minnesota [Mr. GUTKNECHT]. courage to finally throw down the to the gentleman from Minnesota [Mr. We promised if we were elected to the gauntlet and offer the people what they GUTKNECHT]. Certainly I know that he majority 10 broad legislative proposals said they wanted and what they de- shares my frustration when we have 65 would be debated, discussed and voted served, a balanced budget amendment, percent of the contract passed, 74 of on by the full House of Representa- tax relief for families, safe neighbor- the separate pieces of legislation were tives. For years, many of these issues hoods for themselves and their chil- offered, and 48 of these are part of the had been bottled up in committee, dren, an end to the lifelong dependency law of the land. never making it to the floor, never see- on welfare, a Congress which will be ac- Mr. GUTKNECHT. I would like to ing the light day, the positions of our countable to those people they serve. thank my colleague from Mississippi elected officials never examined by But in the history of American poli- and I am delighted we have a good public scrutiny. tics, there have been few occasions turnout tonight of some of our fellow We set out to change that by making where something has been so misrepre- freshmen. I would like to talk a little a solemn promise to the people of sented and so maligned as the Contract bit first of all about the revisionist his- America, not an empty promise. The With America. tory. I think it was Mark Twain who American people deserve much more Our colleagues from the other side of said, ‘‘Truth is incontrovertible. Igno- than that. That is why we put our the aisle have spent literally hundreds rance may deride it, jealousy may at- promise in the form of a signed con- of hours on the floor attempting to de- tack it, but in the end there it is.’’ tract. stroy and to distort what the Contract I think if the American people will All too frequently in today’s political With America means and what we take just a few minutes to examine arena, promises are made and then not stand for. what we promised 2 years ago tomor- kept. Representative government, our Just to provide you some examples, row, and what this Congress actually government, Mr. Speaker, is not well Mr. Speaker, a colleague of mine from delivered for the American people, I served when our elected officials say the other side of the aisle took the think they will come to the conclusion one thing at home on the campaign floor the other day and said the Con- that first of all we meant what we said, trail, but then take office and come up tract With America would have cut we said what we meant, and that in the here to Washington and do something Medicare, a completely false state- end I think their will has been done by other than that which they promised. ment. There is nothing whatsoever in this Congress. For the first time in 40 This dishonest practice undermines the the Contract With America about Med- years, we have a Congress that not very fabric of our government’s integ- icare, much less cutting Medicare. only has listened to the American peo- rity and further promotes the negative That it would have cut environmental ple but has responded as well. cynicism with which Americans view protection, cut education, all to give I don’t want to take too much time Congress. tax cuts to the wealthy. Four com- tonight, but I do want to share a couple The Contract With America was the pletely erroneous statements in the of observations and memories of those first step in changing that negative space of one sentence. It is enough to days, and those days that I remember, perception of Congress. We put forth a take your breath away, Mr. Speaker. the most remarkable days of all, were positive agenda, an agenda that sought Another quote from the Boston those glorious days and the first was on to help make this great country an Globe: ‘‘Republicans’ Contract With September 27, 1994 when we signed the even better place to live, work and America failed to capture the hearts contract. It was a glorious day. In fact, raise our children. and minds of the average American if you recall, it was kind of cloudy Mr. Speaker, we campaigned on a family, especially that new breed, the early in the morning but as we ap- positive agenda, and we were elected to Reagan Democrats.’’ proached the Capitol steps, and there September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11221 were over 300 of us there, the sun began And it was as if almost that the dam I yield to the gentlewoman from to shine and it was almost like it was had broken and we had begun to California. providence or prophetic that the sun change the course of history. b 2245 came out on America again and that And then we marched on down there was going to come a day when through the rest of the contract and Mrs. SEASTRAND. It was great to the sun would shine here on this Cap- again I was very proud of this House, meet all of you 2 years ago on the steps itol and inside this Capitol building as because every day, I will never forget of the Capitol. We were excited and I well. as well when we started the House ses- still am about what we accomplished in The other day that I remember that sions, we would read the Contract With this 104th. I know we all came to Wash- was so glorious was election day. I America and it kept us on message, it ington to try to move the money, the don’t know if ever I told this story or kept us in focus, it kept us doing what power, the influence out of this place, not, but when we were watching the re- we said we were going to do. and rush it to the folks back at home, turns back in Rochester, Minnesota, I So it was a very positive time in the ones that we represent. But what was interesting, after sign- think it was Dan Rather, he announced American history and I was very proud ing the contract, I just want to remind that it appeared that I was going to to have played a part of it. I know we people that what our promise was was win the 1st Congressional District seat, have got other freshman colleagues and that we were going to bring 10 items up a seat that had been held by the Demo- I know they have got a lot of other ob- for consideration on this floor, items crats for 12 years, and in the next servations, but I thank the gentleman that were gridlocked in committees, breath, he said, ‘‘It now appears that from Mississippi for asking for this spe- never saw the light of day. They were the Republicans will have enough votes cial order and I am thankful that I have had an opportunity to participate. simple things, things that people back to control the United States House of Mr. JONES. If the gentleman will home wanted to have debated. Representatives and that NEWT GING- yield, I really appreciate the opening I would like to remind people what RICH will be the next Speaker of the remarks by the gentleman from Mis- some of these are. We talked about House.’’ sissippi, my southern friend. But the changing the way this place was run, Well, that was certainly a glorious gentleman from Minnesota talked but let us take a look. day for me and I think for all of us about the first day and I think that is Many times people say, oh, well, you here. But again I think it was a glori- so important because again it was the all thought of that in some back smoke ous day for all Americans. And then of beginning of the Contract With Amer- filled rooms. No, these items were course the other glorious day was the ica. You mentioned the fact that chair- brought into being because the folks at day that we were all sworn in and for men were restricted on committees. I home across America were interested. the first time in 40 years the power of believe I am correct, please correct me They wanted to see these items de- the United States House of Representa- if I am wrong, that a chairman will bated. Like the balanced budget tives changed hands. serve for 3 terms, meaning 6 years. The amendment, line item veto, stopping I will never forget the very next day, Speaker of the House would only serve violent criminals by having them real- DICK ARMEY, our majority leader, I was for 4 terms, 8 years. And that was a ly have death sentences for violent of- standing behind him and he was inter- drastic change in the operation of the fenders, definitely saying if you do the viewed by a reporter, I think, from the House, because there had been chair- crime, you are going to do the time. New York Times, and the reporter men that served for 15, for 18, for 20 Welfare reform, protecting our children asked our majority leader, the reporter years and Speakers that go back to by giving parents greater control over asked, ‘‘How does it feel now that the John McCormack from Massachusetts education and forcing child support American people have given you this who I think served for like 20 or 25 payments, getting tough on child por- power?’’ And he said something incred- years. nography. ibly important then. He said, ‘‘The So that very first day, as you well And they the issue of tax cuts for American people haven’t given us stated, was the beginning of listening working families, to say that if you are power. They loaned us power. They to the American people, that we were going to have that American dream, we gave us responsibility.’’ going to change the way that the Con- want to give you the ability to save And so we began on the Contract gress, the House of Representatives, some dollars, buy a home and send the With America and on that very first operated. I think that set the tone for kids to college. A strong national de- day, I remember 2 days before, I was a very successful 104th Congress. I just fense. By golly, if we are going to send called by the leadership and I was wanted to commend the gentleman on our men and women across to different asked if I would take the leadership his comments. countries, they are going to serve role on the adoption of the rule for the Mr. WICKER. If I could simply add to under their Commander in Chief, our very first bill, H.R. 1, the Congres- that point made by my friend from President of these United States, and sional Accountability Act. I sort of North Carolina, it might seem to some to wear the red, white and blue, and thought about it a minute and I said, Americans that perhaps those first day not some symbol of the United Na- Well, I’m not certain that I can handle reforms were inside the Beltway, inside tions. that much responsibility on my very Congress reforms, but actually every- To raise senior citizens’ earning lim- first day on the job but I said yes. And thing we have done with the Contract its, to say to our seniors, you are going the interesting thing was that the lead- With America, everything we have to keep what you make. We want you ership had enough confidence in this stood for with the Contract With to keep more of what you make. To freshman class that they let us take America has been to help the lives of roll back government regulations, so the lead on the adoption of every rule individuals out there running their that in our districts across this Nation, of the first 10 items of changing the businesses, getting their kids off to those that are in a small business can rules of the House the very first day on school, and even those first day re- make it. And they can hire perhaps one the job here in the House of Represent- forms affect the lives of local citizens or two more people so we can have job atives. all across the 50 States. When Congress opportunities for people. We marched through it that night, agrees finally for the first time in the Naturally, common sense legal re- we passed the Congressional Account- history of this Republic to abide by the form, because we have those frivolous ability Act, we passed the Congres- laws that it has foisted off on the rest lawsuits, the overzealous lawyers. And, sional Audit Act, we made, as I say, of the American public, I think every- as I said, congressional term limits. the House live by the same laws as ev- one agrees that we are going to see bet- These were items important to the erybody else. We ended the idea that ter laws passed, that we are going to American people. chairmen of committees could serve see more responsible regulations. When Mr. Speaker, I just wanted to break forever. We put term limits on chair- we as Congressmen now know that in here and remind people, not only men. We opened up the committee when a regulation is passed on that changing the rules, with term limits process. We eliminated proxy voting. plumber in Tupelo, MS, that we have for chairmen and such, but we wanted All of that happened on the very first to abide by that same wage and hour to change and bring about things not day and what a glorious day it was. law ourselves. discussed on this floor. H11222 CONGRESSIONAL RECORD — HOUSE September 25, 1996 I would agree with the gentleman We are joined by my colleague from to serve with you during these first 2 from Mississippi with revisionism in Maryland, Mr. EHRLICH. Welcome to years. history, because here I pick up one of this conversation. The gentleman from North Carolina. the newspapers from Capitol Hill, Mr. EHRLICH. I thank my good Mr. BURR. I thank the gentleman for Wednesday, September 25, and here is friend, the gentleman from Mississippi, yielding. Mr. EHRLICH’s comments re- the opening statement: On Friday, and the gentlewoman from California. mind me of a story shortly after finish- House Republicans will convene on the It has been great serving with you. I ing the Contract, when a journalist Capitol steps to celebrate a 2-year an- look forward to another 2 years. came up to me and said, ‘‘Congress- niversary of a document that they no The gentlewoman from California, man, many people in this country con- longer talk about and an agenda that the gentleman from Minnesota, and the sider you to be extremist and radical. was never fully enacted. gentleman from North Carolina have What do you think about that?’’ Well, you know, when I am at home, talked about this new opportunity I think Roger was in the room with some of the people that oppose what we agenda that was brought to Washing- me when the question was asked. I are trying to do will say it is a failed ton in 1994. But I was just standing leaned across the table, and I said to contract, and I chuckle. Every time I here thinking about, this is substance. this journalist, ‘‘If you think I am radi- speak to the Rotary, to the Lions, the This is statute, this is regulation, this cal and extremist, you ought to see the Kiwanis, meet with the League of is law. This is what we get paid to do. people that elected me.’’ And the re- Women Voters and such, I talk about And I submit, we will talk about this, ality is when we talk about the mind balancing the budget, line item veto, and I think it is equally important to set change in Washington, what we are welfare reform, seniors keeping more talk about the new mindset that this a reflection of is the people who sent us of what they earn. It is just interesting group brought to this town. I think here. They sent us with a very clear to me, because somehow, the message that is of equal importance, and cer- message. And I am like Bob: The label is out across this land that the con- tainly as important as the substantive of ‘‘extremist’’ and ‘‘radical,’’ that does tract has failed. agenda that we have all talked about. not worry me, because I still carry the I am so pleased that you have We come to this floor every day, and Contract. And I challenge any person brought that pie chart to show how we hear, particularly Republican fresh- who wants to debate policy to look at even our Democrat colleagues sup- men, characterized as extreme and dan- ported the Contract With America, the Contract and tell me what is ex- gerous, whatever adjective you can those items Americans wanted us to treme, what is radical? What would think of. And you know what? They are bring up. And I think we should take it you not attempt to achieve for the right. In this town, this new mindset is as a compliment that at the Demo- American people and/or families across extreme and dangerous and unique and cratic National Convention, the Presi- this country? Because the reality is unprecedented. dent of these United States, Bill Clin- maybe we did not name this right. Think about it. A group of folks all ton himself, took credit for many of Maybe it should have been ‘‘The over the country who actually have a the accomplishments. Whether it was Common Sense Contract With Amer- concrete set of principles that they ac- tax cuts for small businesses, the line ica,’’ because in fact that is what it re- tually believe in, actually lived in item veto, the Congressional Account- flects. As our dear colleague from Cali- their own lives in the private sector, ability Act that says Congress has to fornia discussed, the reality is that banding together on the steps of the live under the same laws we all have to this was not too tough to come up Capitol and saying to the American live under, unfunded mandate reform, with. The reality is that these 10 points the Personal Responsibility Act, the people, if you elect us, we will bring were probably items that all 87 Repub- welfare reform bill, and long-term care these initiatives that we actually be- lican and Democrat freshmen came insurance deductions. All of those were lieve in to the floor of the House for a here with a conviction and a commit- in the Contract with America. vote. Having these same folks get ment stronger than anybody here to I was pleased, I guess that if the best elected, come to this floor, and actu- accomplish this task, to bring common form of flattery, when someone takes ally do it. sense to Washington. your ideas and says that they are No misrepresentation, no politics as Mr. JONES. If the gentleman would theirs, or they belong to the President. usual, not the old political con. Actu- yield on that point, would you please So I am just pleased to join my col- ally having people of principle come to remind us of how much during the leagues from across this Nation, fresh- this town and do exactly what they President’s speech at the Democratic men, very eager freshmen, when I first said they would do during the course of National Convention, how much he met you. And, you know what? You the campaign, real follow-up, promises tried to take credit on the issues that still are. We are going to be excited to made, promises kept, and that is ex- were in the Contract With America come back and continue with many of treme and dangerous and unprece- that we passed, and now he is trying to these reforms that we worked on. dented and unique. And I submit that take credit for, that we the Repub- So, gentlemen, congratulations. I am this town has not seen a group like this licans passed? Would you please remind going to see you again on the steps of in many years. me of that figure? the Capitol come this Friday, and we The gentleman from North Carolina, Mr. BURR. The gentleman has a good are going to have a great celebration. I my good friend, Mr. BURR, has a com- point, and I have always learned that do not know about you, I am going to ment on my comments, and I welcome math is calculated differently in Wash- tell it from the roof tops of Santa Bar- the gentleman. I will just close with ington than it is in the rest of the bara and San Luis Obispo Counties in this point: This opportunity agenda, country. But by North Carolina arith- California and talk about our suc- and the gentlewoman from California metic, he hit on 7 of the 10 points of cesses, our accomplishments here in just read portions of this opportunity the contract that he highlighted as this 104th. I think the people of this agenda, I had my first debate the other successes of this administration. I be- country are going to be proud of us, week, and my opponent talked about lieve that in fact 58 percent on average they are. They are always telling me to the Contract With America and run- of the Democrats in the House of Rep- hang in there, and we are going to see ning from the Contract With America. resentatives supported Contract items. them once again on November 5, telling Running from the Contract With Amer- Mr. WICKER. That fact is supported us they are pleased with our accom- ica. These principles define not only by the chart in the well there. plishments. this group, but the majority of Ameri- Mr. BURR. It is supported by the Mr. WICKER. The gentlewoman from cans, a majority of Americans who chart. And the reality of it is this was California is not only one of the most work and have a stake in this country not a contract that had a political face. principled and determined Members of and in this country’s future. That is It did not have partisan leanings. When our freshman class, but also, as you this agenda, two-thirds signed into law laid out and debated on the House can see, she is one of the most articu- already, 20 percent vetoed by this floor, which every item was, 58 percent late advocates for a common sense con- President. We have some problems. We of the Democrats agreed with the com- servative point of view with the Con- have made a great start. We have a mon sense initiatives of the Contract tract With America. long way to go. It has been my pleasure With America. The realities are that September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11223 when you look at the American people year. Small business people around the of capital plays into how competitive and you ask them about the impor- country understand that means they American business is in a global econ- tance of the issues that we discussed, will be able to buy more equipment to omy. we debated, and eventually we passed make their employees more produc- We could have helped make Amer- many of them, the reality is that the tive, to be able to pay their employees ican business more competitive by giv- majority of Americans are in agree- more money. ing capital gains tax relief. And, by the ment with us. We also have a spousal individual re- way, of all of the taxes that we pro- So maybe if in fact we are extremist tirement account. If you have a spouse posed, tax cuts that we proposed, they or radical, so is America. But I think that is living at home right now, they talk about it was for the rich. Between we knew before we came that the are not allowed to have an individual 70 to 80 percent of the tax relief we American families were fed up with retirement account, an IRA. Our legis- passed as part of the Contract With business as usual in Washington. And I lation allows you, enacted into law, America were for families making less think when you look back on the now for your spouse to get an IRA as than $75,000 a year. record, our good friend from Minnesota well. I do not know about my colleagues; districts, but in Las Vegas $75,000 a pointed out very clearly that on the b 2300 first day, a historical event happened: year is definitely not rich. And in Congress went to work. And as we We also have long-term care incen- Southern California most people can- stand here tonight, I do not think that tives. Right now in America, senior not even afford to buy a house if they we have had a break since then, it citizens are deathly afraid that they make $75,000 a year. seems like. are going to have to lose everything We saw working families struggling But the reality is we have accom- that they have to be able to go on Med- and we tried to help them and I was plished a lot, not only with the con- icaid, to be able to get good long-term proud to be part of this freshman class tract, but with very important envi- care, skilled nursing facility type care that truly changed the scope of things. ronmental legislation, with health care in this country. We are not putting in Mr. JONES. If the gentleman from reform, with issues and legislation that tax incentives to buy long-term care Nevada would yield for a moment. Mr. ENSIGN. I would be happy to no other Congress in the past 6 to 8 insurance, for one, but also to deduct yield. years has been able to move through long-term care expenses off of their tax return. Mr. JONES. I have great respect for this body. In fact, the accomplishments the gentleman from Texas, BILL AR- of this Congress I think will be histori- What this does is it keeps more peo- ple off of Medicaid, off of the tax- CHER, who is chairman of the Commit- cal. Not by the standards of the Con- tee on Ways and Means, and I com- payers’ backs, but also gives them tract With America, but by the stand- pliment you as well as the other com- more control over their lives. ards of what this country needed and mittee members. We also raised the Social Security the right policy that we promoted. One of the contract items that was earnings limitation. We are raising it Mr. ENSIGN. If the gentleman will absolutely vital to the future of this over a 6-year period to $30,000. Right yield, let another Westerner jump in on Nation, and Mr. ARCHER was out in this fun conversation you all are hav- now you get penalized if you are be- front on it as well as many other Mem- ing here tonight, just to make a com- tween 65 and 69 years of age, penalized bers, was welfare reform. I saw him on ment. Based on what the gentleman for every dollar you earn over $11,280. talk show after talk show defending from Minnesota probably saw that day You get penalized on your Social Secu- what we were trying to do to help citi- standing on the steps of the Capitol rity. That is unconscionable. zens that were on welfare become pro- when the sun broke through coming We are taking some of the people ductive working citizens. from Minnesota, that might have been with the most experience and wisdom I want to ask the gentleman this, and a rare sight. Coming from southern Ne- in our society and saying do not work, if he will respond, then I will stop. Mr. vada, we see it will about 365 days a we want you to retire, and most of ENSIGN, is it not true that welfare has year, so it probably was not as spec- these people want to stay productive, cost the American people, since the tacular a new sight for me. and we are saying we are going to pe- mid 1960’s, the years of the Great Soci- I am on the Committee on Ways and nalize you if you do. That is wrong and ety, $5.3 trillion? And it is not also true Means. I was one of the three freshmen we repealed that. that Bill Clinton, when elected as the appointed to the Committee on Ways The adoption tax credit. Everybody President of the United States, for 2 and Means, because our leadership had talks about abortion. They talk about years had a Democratic Senate and confidence in this freshman class, actu- all these other things and they say, Democratic House and never a welfare ally the first Republican freshmen ap- why do you not encourage adoption? reform bill introduced until the Repub- pointed since George Bush back in 1967. This Congress is now encouraging licans became the majority? Is that And I think that the freshmen have adoption by giving a $5,000 tax credit to true or not? done well on the committee. offset adoption expenses for families Mr. ENSIGN. Not only is that true, I My two colleagues, JON CHRISTENSEN that make up to $75,000 a year. think that one of the reasons maybe and PHIL ENGLISH, I think they have Now, there were a couple of items in people do not believe us up here is be- performed in an outstanding manner the contract that were vetoed and it is cause we do not give credit when credit on the Committee on Ways and Means. unfortunate, too, because the average is due. I think we need to give Presi- As a representative of the tax writing American family pays more in taxes dent Clinton the credit for raising the committee, which is the primary re- than they do in food clothing and shel- minimum wage. He brought this Con- sponsibility for the Committee on ter combined. gress fighting, dragging and screaming Ways and Means, let me enlighten all Yes, the $500 per child tax credit was and everything to raise the minimum of you to not only some of the things vetoed. Yes, the marriage penalty re- wage. Now, we had to do that, but the that we brought up in the part of the lief was vetoed. The American dream only way we would do that is by giving Contract With America, but actually savings account was also vetoed. And small businesses tax relief along with we have been talking about, actually also economic growth tax cuts, known that, so we improved the bill. But we items that have been signed into law. as the capital gains tax reduction of 50 should give him credit for raising the That is the bottom line. It is great to percent, was also vetoed, which would minimum wage. debate all these items, but it only af- have been a huge boost to the economy The President does not deserve credit fects people’s lives once you can get and to economic growth in this coun- for welfare reform. He is taking credit them into law. try. for it but he does not deserve credit for First of all, we had the small busi- We are now in a global economy. We welfare reform, because, frankly, it was ness tax relief. We increased the have to realize that when we are pass- this Congress that did welfare reform. amount of money the businesses can ing laws in this country. We need to We recognized that welfare was de- deduct as far as depreciation is con- make American business competitive stroying families. Illegitimacy rates cerned, instead of depreciation, actu- once again. The cost of doing business, are incredibly increased and a big fac- ally expensing them, up the $25,000 per the cost of borrowing money, the cost tor in that is welfare. H11224 CONGRESSIONAL RECORD — HOUSE September 25, 1996 We tell a teenage mother, we say, if a balanced budget and reduced taxes And what did we do? We went to you get pregnant we will get you an mean to the working families of Min- work, this freshman class went to work apartment. You can move away from nesota? What does that really mean to to see how we could pinch pennies. your parents, get you an apartment. them? Well, it means that more of the Where is this coming from? Who is You can have any man live with you power is being returned to them. doing it? How much is it costing? except for the father of the child. Do As Senator PHIL GRAMM says, I know I thought it was amazing to find out not get a job. You cannot save any- the family and I know the Federal Gov- that it took 14 people to produce that thing. And, by the way, if you want ernment and I know the difference. ice, deliver it twice a day, and it also more money, have more children out of And every Sunday American families meant that it was costing the tax- wedlock. If that is not a morally bank- sit around their kitchen tables or their payers, those families around that rupt system, I do not know what is. coffee tables and they clip 120 million kitchen table, $500,000 a year. Well, we And this Congress, with all of us coupons from their newspapers worth put a stop to it, and that is $500,000. working on it together, finally did the an average of 63 cents. That is how And in the scheme of trillions of dol- most sweeping social policy change in families balance their budget every lars, I think there was that old Senator 60 years of this country, and we now single week. that said, you know, you take a dollar have a true welfare reform bill that Now, when is the last time my col- here and a dollar there, and you add it this President now signed into law be- leagues saw a Federal bureaucracy up and it winds up to be a lot of money. cause he was forced to. clipping coupons? As a matter of fact, But I want to point out that not only Mr. WICKER. Reclaiming my time what happens at the end of their budg- on that first day did we slash and cut for just a moment. As my colleagues et cycle is they try to figure out how to different things here in this building, can see, the gentleman from Nevada spend every last penny so they will not but I think that ice bucket is symbolic being on the Committee on Ways and be cut next year. of what we have tried to do in this Means is on a committee that has a Let me just say that it ultimately House. wide range of jurisdiction, from all the means a balanced budget and tax relief We cut the number of committees, we tax measures that he mentioned on to for working families so that they can reduced staffs and budgets by a third, welfare reform. afford new homes and new cars, and so we slashed Members’ mail budgets by a I am sure some of my colleagues will that there will be more jobs for the third, we reduced administrative staff want to join in this debate on tax re- folks who need them. It means more se- and operating budgets, we closed the lief, because a great part of the Repub- curity for our seniors and it ultimately in-house printing and folding services, lican Contract With America is tax re- means more opportunity for our kids. we privatized mail and postal oper- I think, in the end, that is really lief. But what the gentleman from Ne- ations, we ended a lease on a ware- vada has just outlined in the items what this debate is all about, it is house that just—do my colleagues re- that passed dealing with tax relief, the about more accountability in Washing- member that—held obsolete furniture item on small business, we know that ton and more responsibility and au- and equipment, and then we ended a most jobs created in the United States thority and resources being returned to lease on an unneeded parking lot, today are created by small businesses, the American families. And that is where we found out that many times so that tax relief package is a job cre- where it should be, because they know lobbyists parked in, and we opened up ation package. It is going to create how to balance the budget, they know another parking lot for the public so jobs for people where they live out in how to get the job done. that they could come and use this the 50 States. It is not a decision about whether we The gentleman mentioned the spous- are going to have more money for chil- parking and know that they could get al IRA, which is very important to dren or their nutrition or their edu- to their House. many, many women around this coun- cation, it is a debate about who gets to We also did some things like try. A tremendous achievement. Tax do the spending, and we believe in fam- privatizing the beauty and the barber issues dealing with health, dealing ilies. shop and the shoe shine operation, all with senior citizens, allowing them to Mrs. SEASTRAND. If the gentleman of this adding up to millions of dollars. retain more of their earnings, and then will yield, he talked about those fami- Again, pinching pennies, symbolic of certainly the adoption tax credit. lies sitting around the kitchen table that bucket of ice, the way families all I know the President mentioned on trying to figure out how they are going across America have to pinch their television how delighted the First Lady to meet their expenses. I know they pennies every month to make ends was when we passed the adoption tax pinch pennies. I have been in that posi- meet. credit and sent it to the President for tion, so I know what it is like to see Mr. EHRLICH. If the gentlewoman his signature. And I am sure there are how to make ends meet. will yield, I apologize for changing the other people that want to talk about I thought it was interesting, I think course of this discussion somewhat the issue of tax relief for the American all of my colleagues would agree with back to the philosophical, but I have a people. And I would be happy to yield me, that very first day we were sworn question for everybody. at this point to the gentleman from in we were given our key to our office There are an awful lot of Americans Minnesota. and we opened the office to see if we watching us right now, and that is good Mr. GUTKNECHT. I thank the gen- would have a desk and a phone con- and that is part of democracy and that tleman. I think sometimes our critics nected, but I remember almost stum- is a wonderful part about being in this here in the House, and some of the bling over a bucket. Do my colleagues House. It is very important that folks folks in the media, sometimes have remember that, a plastic bucket filled across the country hear this discus- tended to say that, well, we cannot bal- with ice cubes? sion, and I know that my colleagues all ance the budget and provide tax relief We did not have time to worry about have the same experience I do when I at the same time. And I think the that. I think someone threw the ice go back to my district. beauty of the budget plan that was put cubes in the sink and that was it. But I am fortunate. As my colleagues together by the gentleman from Ohio, what was amazing is that afternoon know, I get to go back almost every Mr. KASICH, and others, was that it there was another bucket, and then night, and that is not the case with the demonstrated that if we do it over 7 there was this ritual for a week or 2 other folks in front of me, and I apolo- years and we limit the growth in enti- weeks. And I kept saying, what is this gize for that. It is a great part of being tlements and make some cuts in do- all about? Where is this coming from? from Maryland. mestic discretionary spending while we And it is interesting because that is I hear one question repeated over and freeze defense spending that we can what we came to, a place that was still over again, and I want to hear my col- balance the budget in 7 years and allow delivering ice twice a day to each of leagues’ opinions concerning how they American families to keep a little our offices when we have refrigerators, would answer this question, and the more of what they work for and what our own little personal refrigerators, or question, in various forms, is: Well, they earn. we can run down to the cafeteria and BOB, I love the agenda the gentle- Sometimes we do have to bring this get a Coke with ice in it. And many woman from California just articu- all back. What does it mean? What does other times the ice just melted. lated, I love the fact you have cleaned September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11225 up the House, I love the fact you have land. My trip is quite lengthy, 3,000 taxes got higher. And Government got cleaned up the process, I love the fact miles across this Nation to the central more and more intrusive. We had less you all have principles and you have coast of California. But I do go home and less personal freedom, less and less maintained those principles in the every weekend. local responsibility. Quite frankly, House of Representatives, I like this I know I have heard those same ques- they want their majority back and agenda, I like this opportunity in soci- tions. You have done your work. We they are willing to say things that are ety that you want to create in this want you to hang in there, but why are not accurate about what we have been country, I really like welfare reform you not getting the message out? As I doing. and capital gains and the whole nine stated earlier, I tried to yell this from I have an example just from this yards, but why is the message not out the rooftop about what we have accom- morning’s Congress Daily where Senate there? Why do some people believe that plished. Regarding the contract, we Minority Leader TOM DASCHLE con- these are actually tax cuts for the said 65 percent of it has now been tended during a press briefing that de- rich? signed into law. spite the passage of welfare reform, But I will tell you one reason that I health care, minimum wage, tele- b 2315 think adds to the situation of why our communications, safe drinking water, The gentleman from Mississippi ear- message has become more or less con- farm and other legislation, ‘‘by and lier stated that slowing the growth in fused and foggy to some people. I am large this has not been a very produc- Medicare was not even part of the Con- one of those freshman and I know there tive Congress.’’ Senator DASCHLE went tract With America. What is your are several that joined us today that on to say, I believe this session is far answer? have been hit by big special interest short of what we have done in past Mr. BURR. Mr. Speaker, I referred to groups from Washington, DC. I would Congresses. He added, because we spent the fact earlier that I found when I got just point out since April of last year, almost all of our time stopping Senate to Washington that they add and sub- of April 1995, we just completed the Republicans from doing extreme tract differently here. Inside the belt- contract. We are going into the budget things, I think extreme has been their way an increase of 3 percent a year is discussion. And all of a sudden up on favorite word for these last several in fact a cut because it is less than television in my district we had special months although as we have shown to- somebody wanted. In fact, anything interest ads bombarding me and bom- night, 58 percent of House Democrats less than what you want in Washington barding me ever since then. voted for the Contract With America. is considered a cut. Over $600,000 have been spent in my The article goes on to say, when re- I think that raises a question. The little old district of outside money porters pressed him afterward to name question gets back to what the gen- coming in trying to confuse the mes- another Congress that had passed tleman from Minnesota raised earlier. sage and saying that I cut Medicare major legislation and yet could be That is, is it radical to believe that a $270 billion, that I cut student loans, judged similarly unproductive, how- family knows better how to spend their that I have given tax credits to the ever, DASCHLE could not name one. I money than the Federal Government? I rich to take care of the rich. It is an know there have to be several. I will think that in fact the answer is, to this outrage. I just would say that shame get back to you on that, he said. town it is radical to believe that Mem- on those big special interest groups It is that sort of disinformation that bers would give up the power of more who claim that they speak for the we freshmen, we Republicans have had money, the power of more decision- working men and women. That is one to come back for the duration of this making capabilities, more regulations, of the areas that we have had to put up Congress. the perks of the office and that in fact with because we came here, as I said, Mr. BURR. Mr. Speaker, if the gen- it is inconsistent with much of the his- to move the power and the influence tleman will continue to yield, your last tory of this institution. and the money out of this place back comment strikes me as something that In fact, in 2 short years we were able home. we all heard before we got here. That to turn that around. And so because we did that, we sup- was a Congress that said to the Amer- Mr. EHRLICH. Mr. Speaker, I would ported the contract, we gave every ican people, I cannot answer that just like to make him feel better. The issue, we wanted to give more power to today, but I will get back with you President of the United States shares the working families at home. Those later. The fact is that Mr. GUTKNECHT your concern and your frustration. big special interests here in Washing- from Minnesota said earlier that the Does everybody here remember the ton are very upset with you, with me freshman class brought a new mindset President’s recent quote when con- and they are trying to gain that power to Washington. In fact, he was par- fronted by the press with respect to the back so that they can once again have tially right. I think the correct answer issue? The Republicans really do not their perks and their special powers is the American people sent a new want to cut Medicare at all, Mr. Presi- here and to heck with the people at mindset to Washington. In fact, why dent. They want to slow the growth in home. we see the situations of outside inter- exactly the same way you yourself ad- So I think there are many reasons, ests in California and 38 other districts vocated just 3 years ago. but I think that is a big special reason around the country of large special in- And does anybody recall the Presi- in many of our instances where almost terests and why they have an interest dent’s answer? He understood the dif- half of that freshman class is now in that district is, in fact, the breakup ference, but it is shorthand, it is Wash- being bombarded by millions and mil- of power in Washington, that there are ington. You cannot really tell the lions of dollars from those people that people that feel that for 40 years they American people what the truth is be- are upset with our trying to change the have built an empire that in 2 short cause you have to use shorthand be- way we do business. years is beginning to crumble. cause the attention span of the Amer- Mr. WICKER. The gentlewoman is They will go to any lengths and ican people is only a few seconds. And absolutely correct. I think it is fair to spend any amount and say anything to it is the press’s fault. The press uses say to my colleagues and for us to say change the trend of the American peo- the term cut. It is not really a cut, but to the American people that we need to ple taking back over their Congress. we have to use it in this town because remind ourselves that there was an- The reality is that, in fact, the most that is the way we do things in this other party in control of this body for changes have happened in this 2-year town; that is, we do not take our time 40 straight years, a body that refused period than probably in the 2-year pe- to explain ourselves to the American to bring up these items, these 10 com- riod in the history of this institution. people. monsense items of the Contract With I, for one, have been proud to be a part I think that is what the President America. of it. was saying. Does anybody remember Frankly, they are not too anxious to Mr. WICKER. Mr. Speaker, I would that quote? balance the budget. They are not too simply call on my colleagues to add Mrs. SEASTRAND. I remember that anxious to have tax cuts for the Amer- anything they might want to in the quote. I might add, you are fortunate ican people. And for 40 years, under way of closing remarks for this special you can go home every night to Mary- their rule, Government got bigger, order. H11226 CONGRESSIONAL RECORD — HOUSE September 25, 1996 Mr. EHRLICH. Mr. Speaker, if I went Mr. BURR. Mr. speaker, I would sim- tend their remarks and include extra- to this well every day and looked into ply say in closing that I know that my neous material:) that camera and said, folks, Mr. WICK- colleagues agree when I say that char- Mr. MCINTOSH, for 5 minutes, today. ER from Mississippi is wearing a blue acter does matter, that conviction does Ms. WELDON of Pennsylvania, for 5 tie today and I bought $100 million of matter, that commitment does matter, minutes, today. ads and ran them across the country, that where there is, quite honestly, Mr. MCINNIS, for 5 minutes, today. and I did not care about telling the character, there is courage, that where Mr. RIGGS, for 5 minutes, today. truth or shooting straight or having in- there is conviction, there is hope, and f tegrity but I loved those 30-second at- where there is commitment, there are EXTENSION OF REMARKS tack ads and every one of those attack results. ads said, Mr. WICKER is wearing a blue And if I could sum up this freshman By unanimous consent, permission to tie, do you know what? I bet you by class in the 104th Congress, it would be revise and extend remarks was granted election day, some people would be- that we have been courageous, that we to: lieve that you were wearing a blue tie have maintained a sense of hope for the (The following Members (at the re- tonight, Mr. WICKER, and we all know future and hope for this country and quest of Mr. FALEOMAVAEGA) and to in- that is a yellow tie. hope for the families and that, in fact, clude extraneous matter:) Mr. WICKER. It is a yellow tie with we should be judged based upon the re- Mr. UNDERWOOD. very small elephants on it. sults, the results of 2 years, not a year Mr. LIPINSKI. Mr. EHRLICH. In much the same way and a half, like some want to judge us, Mr. BERMAN. some people will believe tax cuts for but the full 2 years and the impact that Mr. VISCLOSKY. working folks are tax cuts for the rich, we have made on changing how we rep- Mr. JACOBS. in a very similar way some people will resent the American people. Mr. BARCIA. believe that slowing the growth in I am proud of the change, and I look Mr. WILLIAMS. Medicare from 10 percent to 7 percent a forward to serving with each one of you Mr. CLEMENT. year is a cut and on and on and on. I in the 105th Congress so that we can Mr. STARK. will close with this: I think the Amer- continue with the progress that we Mr. BRYANT of Texas. ican people are a lot smarter than that. made in the 104th Congress. Mr. KENNEDY of Rhode Island. Mr. WICKER. Before I yield to the Mr. WICKER. Mr. Speaker, in the Mr. CARDIN. gentlewoman from California, you have minute or two that I have remaining, I Mr. BARRETT of Wisconsin. mentioned taxes and tax cuts. Let us just want to remind my colleagues of Mr. MILLER of California. remind ourselves, I think it is impor- why we are here this evening. For this Mr. ENGEL. tant to remind ourselves that Presi- Congress and for America, the historic Mr. JACKSON of Illinois. dent Clinton campaigned in 1992 on a Contract With America was a positive Mr. MARTINEZ. middle class tax cut. Instead, he raised agenda to restore commonsense Gov- Mr. BENTSEN. taxes on the American people the very ernment. The contract, in its intents Mr. HASTINGS. next year. And the minority leader of and in its substance, has been distorted Mr. GEJDENSON. this House got up before the Democrat and criticized in recent months as a Mr. EVANS. convention in Chicago just a few weeks failure and for somehow being extreme. Mr. KLECZKA. ago and said about that tax hike that Tonight we have documented that Mr. SERRANO. the Democrats passed without a single the contract has largely been a success, Mrs. LOWEY. Republican vote, what we did was right with almost two-thirds of its legisla- Mr. POMEROY. and our President did what was right, tive items passed by Congress and Mr. BONIOR. and I would do it again tomorrow and signed into law by President Clinton. Ms. EDDIE BERNICE JOHNSON of Texas. so would Bill Clinton. Further, we have shown that the con- (The following Members (at the re- When it comes to taxes, I am afraid tract was anything but extreme, with quest of Mr. WICKER) and to include ex- that is the truth. They think tax in- widespread public support, over 60 per- traneous matter:) creases are good and they would do it cent of the American people support all Mr. CAMP. again tomorrow if they get a chance. Mr. LIGHTFOOT. Mrs. SEASTRAND. Mr. Speaker, it is 10 items of the Contract With America. Mr. NEY in three instances. just interesting, I am pleased to par- Much of the contract passed the House Mr. BAKER of Louisiana. ticipate with you this evening, but as with significant bipartisan support, as Mr. KOLBE. we mentioned, we were trying and we I said, 58 percent of House Democrats Mr. CRANE. still are trying to give power back to voting for the Contract With America. Mr. OXLEY. the folks at home, move that money b 2330 and power and influence from Washing- Mr. HYDE. My colleagues have repeatedly shown Mr. ZELIFF. ton, DC to each and every one of our tonight that the contract’s legislation special places; for me, to California. Mr. SHAYS. will have a real and positive effect on Mrs. JOHNSON of Connecticut. And I think it is really something the lives of all Americans. when you think that you gave your Mr. HORN. Mr. Speaker, at this point I want to Mrs. ROUKEMA. word, you kept your word, you kept thank my colleagues for participating your promises and you are called an ex- Mr. BUNNING of Kentucky. in this special order. Mr. FRELINGHUYSEN. tremist for doing so. f I would just say that for doing so, I Mr. BAKER of California. have been punished more or less with SPECIAL ORDERS GRANTED Mr. PORTER. Mr. BURTON of Indiana. having that outside money come in. I By unanimous consent, permission to Mr. DUNCAN. often tell people, if you try to go to address the House, following the legis- (The following Members (at the re- Washington and try to change the way lative program and any special orders quest of Mr. WICKER) and to include ex- things were, then you see why nothing heretofore entered, was granted to: was done for 40 years. Because when (The following Members (at the re- traneous matter:) Mr. HEFNER. you step out of the box from the way quest of Mr. FALEOMAVAEGA) to revise they did things, you are punished with and extend their remarks and include Mr. MOAKLEY. those ads and misinformation. extraneous material:) Mr. ACKERMAN. I think the gentleman from Maryland Mrs. LOWEY, for 5 minutes, today. Mr. SPRATT. is right. I am hoping that the good Mr. FILNER, for 5 minutes, today. Mrs. KELLY. Americans across this Nation will be Mrs. THURMAN, for 5 minutes, today. Mr. LEWIS of Kentucky. able to see through this and will again Ms. EDDIE BERNICE JOHNSON of Texas, Mr. DOOLEY of California. go to the polls and reelect those that for 5 minutes, today. Mr. DIXON. are trying to work for them and give (The following Members (at the re- Mr. FARR of California. them back their Government. quest of Mr. WICKER) to revise and ex- Mr. BARCIA in two instances. September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11227

Mr. SENSENBRENNER in two instances. the Service’s final rule—Tart Cherries Grown of Ground Water Monitoring Exemption for Mr. BACHUS. in the States of Michigan, New York, Penn- Small, Municipal Solid Waste Landfills Lo- Mr. CHRYSLER. sylvania, Oregon, Utah, Washington, and cated in Either Dry or Remote Areas [FRL– Wisconsin; Order Regulating Handling (AO– 5615–8] received September 25, 1996, pursuant f 370–A5; FV93–930–3) received September 25, to 5 U.S.C. 801(a)(1)(A); to the Committee on 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. SENATE BILL REFERRED Committee on Agriculture. 5306. A letter from the Managing Director, A bill of the Senate of the following 5296. A letter from the Administrator, Ag- Federal Communication, Commission, trans- title was taken from the Speaker’s ricultural Marketing Service, transmitting mitting the Commission’s final rule— table and, under the rule, referred as the Service’s final rule—Irish Potatoes Amendment of Section 73.202(b) Table of Al- Grown in Colorado; Assessment Rate [Dock- follows: lotments, FM Broadcast Stations (Castana, et No. FV96–948–2 FIR] received September Iowa) [MM Docket No. 96–96, RM–8791] re- S. 1875. An act to designate the United 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ceived September 25, 1996, pursuant to 5 States courthouse in Medford, Oregon, as the the Committee on Agriculture. U.S.C. 801(a)(1)(A); to the Committee on ‘‘James A. Redden Federal Courthouse;;; to 5297. A letter from the Administrator, Ag- Commerce. the Committee on Transportation and Infra- ricultural Marketing Service, transmitting 5307. A letter from the Managing Director, structure. the Service’s final rule—Apricots and Cher- Federal Communications Commission, trans- f ries Grown in Designated Counties in Wash- mitting the Commission’s final rule— ington, and Prunes Grown in Designated Amendment of Section 73.202(b), Table of Al- ENROLLED BILL SIGNED Counties in Washington and Umatilla Coun- lotments, FM Broadcast Stations (Welling- ty, Oregon; Assessment Rates [Docket No. Mr. THOMAS, from the Committee ton, Colorado) [MM Docket No. 96–51, re- FV96–922–3 FIR] received September 25, 1996, ceived September 25, 1996, pursuant to 5 on House Oversight, reported that that pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on committee had examined and found mittee on Agriculture. Commerce. truly enrolled a bill of the House of the 5298. A letter from the Deputy Secretary of 5308. A letter from the Managing Director, following title, which was thereupon Defense, transmitting the Department’s re- Federal Communications Commission, trans- signed by the Speaker: port on opportunities for greater efficiencies mitting the Commission’s final rule— in the operation of the military exchanges, H.R. 3666. An act making appropriations Amendment of Section 73.202(b), Table of Al- commissary stores, and other morale, wel- lotments, FM Broadcast Stations (Delta, for the Departments of Veterans Affairs and fare, and recreation [MWR] activities, pursu- Housing and Urban Development, and for Colorado) [MM Docket No. 96–38, RM–8759] ant to Public Law 104–106, section 339; to the received September 25, 1996, pursuant to 5 sundry independent agencies, boards, com- Committee on National Security. missions, corporations, and offices for the U.S.C. 801(a)(1)(A); to the Committee on 5299. A letter from the Comptroller of the Commerce. fiscal year ending September 30, 1997, and for Currency, et al., transmitting the ‘‘Joint Re- other purposes. 5309. A letter from the Managing Director, port: Streamlining of Regulatory Require- Federal Communications Commission, trans- f ments,’’ pursuant to 108 Stat. 2160; to the mitting the Commission’s final rule— Committee on Banking and Financial Serv- SENATE ENROLLED BILL SIGNED Amendment of Section 73.202(b), Table of Al- ices. lotments, FM Broadcast Stations (Coleman, 5300. A letter from the Director, Office of The SPEAKER announced his signa- Sebewaing and Tuscola, Michigan) [MM Management and Budget, transmitting Docket No. 95–7, RM–8561] received Septem- ture to an enrolled bill of the Senate of OMB’s estimate of the amount of change in ber 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); the following title: outlays or receipts, as the case may be, in to the Committee on Commerce. S. 1507. An act to provide for the extension each fiscal year through fiscal year 2002 re- 5310. A letter from the Managing Director, of the Parole Commission to oversee cases of sulting from passage of H.R. 740, pursuant to Federal Communications Commission, trans- prisoners sentenced under prior law, to re- Public Law 101–508, section 13101(a) (104 Stat. mitting the Commission’s final rule— duce the size of the Parole Commission, and 1388–582); to the Committee on the Budget. Amendment of Section 73.202(b), Table of Al- for other purposes. 5301. A letter from the Secretary of Health and Human Services, transmitting the fiscal lotments, FM Broadcast Stations (Elberton, f years 1993 and 1994 annual reports of the Na- Georgia) [MM Docket No. 95–165, RM–8703] tional Institute for Occupational Safety and received September 25, 1996, pursuant to 5 BILL PRESENTED TO THE U.S.C. 801(a)(1)(A); to the Committee on PRESIDENT Health [NIOSH], Centers for Disease Control and Prevention [CDC], pursuant to 29 U.S.C. Commerce. Mr. THOMAS, from the Committee 671(f); to the Committee on Economic and 5311. A letter from the Secretary of En- on House Oversight, reported that that Educational Opportunities. ergy, transmitting the Department’s report entitled ‘‘1995 Annual Report on Low-Level committee did on this day present to 5302. A letter from the Fiscal Assistant Secretary, Department of the Treasury, Radioactive Waste Management Progress,’’ the President, for his approval, a bill of pursuant to Public Law 99–240, section 7(b); the House of the following title: transmitting notification that no exceptions to the prohibition against favored treatment to the Committee on Commerce. H.R. 3666. An act making appropriations of a government securities broker or dealer 5312. A letter from the Clerk, U.S. Court of for the Departments of Veterans Affairs and were granted by the Secretary for the cal- Appeals, District of Columbia Circuit, trans- Housing and Urban Development, and for endar year 1995, pursuant to 31 U.S.C. 3121 mitting an opinion of the U.S. Court of Ap- sundry independent agencies, boards, com- note; to the Committee on Commerce. peals (94–1558—Engine Manufacturers Asso- missions, corporations, and offices for the 5303. A letter from the Fiscal Assistant ciation, on behalf of certain of its members fiscal year ending September 30, 1997, and for Secretary, Department of the Treasury, versus Environmental Protection Agency; to other purposes. transmitting the annual report of material the Committee on Commerce. f violations or suspected material violations 5313. A letter from the Director, Defense of regulations of the Secretary, pursuant to Security Assistance Agency, transmitting ADJOURNMENT 31 U.S.C. 3121 note; to the Committee on notification concerning the Department of Commerce. the Air Force’s proposed Letter(s) of Offer Mr. WICKER. Mr. Speaker, I move 5304. A letter from the Director, Office of and Acceptance [LOA] to Portugal for de- that the House do now adjourn. Regulatory Management and Information, fense articles and services (Transmittal No. The motion was agreed to; accord- Environmental Protection Agency, transmit- 96–74), pursuant to 22 U.S.C. 2776(b); to the ingly (at 11 o’clock and 31 minutes ting the Agency’s final rule—Approval and Committee on International Relations. p.m.), the House adjourned until to- Promulgation of Air Quality Implementa- 5314. A letter from the Director, Office of morrow, Thursday, September 26, 1996, tion Plans; the Commonwealth of Ken- Personnel Management, transmitting the Of- at 10 a.m. tucky—Disapproval of the Request to Redes- fice’s final rule—Federal Employees Health ignate the Kentucky Portion of the Cin- Benefits Program: Limitation on Physician f cinnati-Northern Kentucky Moderate Ozone Charges and FEHB Program Payments (RIN: Nonattainment Area to Attainment and the 3206–AG31) received September 25, 1996, pur- EXECUTIVE COMMUNICATIONS, Associated Maintenance Plan [FRL–5607–3] suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ETC. received September 25, 1996, pursuant to 5 tee on Government Reform and Oversight. Under clause 2 of rule XXIV, execu- U.S.C. 801(a)(1)(A); to the Committee on 5315. A letter from the Chief of Staff, So- tive communications were taken from Commerce. cial Security Administration, transmitting 5305. A letter from the Director, Office of the Administration’s final rule—Social Secu- the Speaker’s table and referred as fol- Regulatory Management and Information, rity Acquisition Regulation (RIN: 0960–AE12) lows: Environmental Protection Agency, transmit- received September 20, 1996, pursuant to 5 5295. A letter from the Administrator, Ag- ting the Agency’s final rule—Solid Waste U.S.C. 801(a)(1)(A); to the Committee on Gov- ricultural Marketing Service, transmitting Disposal Facility Criteria; Re-establishment ernment Reform and Oversight. H11228 CONGRESSIONAL RECORD — HOUSE September 25, 1996 5316. A letter from the Clerk, U.S. Court of 5327. A letter from the Chief, Regulations Mr. BLILEY: Committee on Commerce. Appeals, District of Columbia Circuit, trans- Unit, Internal Revenue Service, transmitting H.R. 2923. A bill to extend for 4 additional mitting an opinion of the U.S. Court of Ap- the Service’s final rule—Inflation-Indexed years the waiver granted to the Watts peals (95–5057—Scott Armstrong, et al. versus Debt Instruments (Notice 96–51) received Health Foundation from the membership Executive Office of the President; to the September 25, 1996, pursuant to 5 U.S.C. mix requirement for health maintenance or- Committee on Government Reform and 801(a)(1)(A); to the Committee on Ways and ganizations participating in the Medicare Oversight. Means. Program (Rept. 104–844 Pt. 1). Ordered to be 5317. A letter from the Chief Administra- 5328. A letter from the Chief, Regulations printed. tive Officer, U.S. House of Representatives, Unit, Internal Revenue Service, transmitting Mr. BLILEY: Committee on Commerce. transmitting the quarterly report of receipts the Service’s final rule—Low-Income Hous- H.R. 4012. A bill to waive temporarily the and expenditures of appropriations and other ing Credit (Revenue Ruling 96–45) received Medicare enrollment composition rules for funds for the period April 1, 1996, through September 25, 1996, pursuant to 5 U.S.C. The Wellness Plan (Rept. 104–845 Pt. 1). Or- June 30, 1996, as compiled by the Chief Ad- 801(a)(1)(A); to the Committee on Ways and dered to be printed. ministrative Officer, pursuant to 2 U.S.C. Means. DISCHARGE OF COMMITTEE 104a (H. Doc. No. 104–268); to the Committee 5329. A letter from the Chief, Regulations on House Oversight and ordered to be print- Unit, Internal Revenue Service, transmitting Pursuant to clause 5 of rule X the Commit- ed. the Service’s final rule—Last-in, First-out tee on International Relations discharged 5318. A letter from the Assistant Secretary Inventories (Revenue Ruling 96–50) received from further consideration. H.R. 2579 re- for Fish and Wildlife and Parks, Department September 25, 1996, pursuant to 5 U.S.C. ferred to the Committee of the Whole House of the Interior, transmitting the Depart- 801(a)(1)(A); to the Committee on Ways and on the State of the Union. ment’s final rule—Migratory Bird Hunting, Means. f Late Seasons and Bag Possession Limits for 5330. A letter from the Secretary of Veter- Certain Migratory Game Birds (RIN: 1018– ans Affairs, transmitting a draft of proposed REPORTED BILLS SEQUENTIALLY AD69) received September 24, 1996, pursuant legislation entitled, ‘‘Department of Veter- REFERRED to 5 U.S.C. 801(a)(1)(A); to the Committee on ans Affairs Employment Reduction Assist- Under clause 5 of rule X, bills and re- Resources. ance Act of 1996’’; jointly, to the Committees 5319. A letter from the Assistant Secretary on Veterans’ Affairs and Government Reform ports were delivered to the Clerk for for Fish and Wildlife and Parks, Department and Oversight. printing, and bills referred as follows: of the Interior, transmitting the Depart- 5331. A letter from the Secretary of Agri- Mr. YOUNG of Alaska: Committee on Re- ment’s final rule—Migratory Bird Hunting culture, transmitting a draft of proposed leg- sources. H.R. 2561. A bill to provide for an ex- Regulations on Certain Federal Indian Res- islation to authorize the sale of excess Fed- change of lands located near Gustavus, AK, ervations and Ceded Lands for the 1996–97 eral aircraft to facilitate the suppression of with an amendment; referred to the Commit- Late Season (RIN: 1018–AD69) received Sep- wildfire; jointly, to the Committees on Gov- tee on Commerce for a period ending not tember 24, 1996, pursuant to 5 U.S.C. ernment Reform and Oversight, Agriculture, later than October 11, 1996, for consideration 801(a)(1)(A); to the Committee on Resources. and National Security. of such provisions of the bill and amendment 5320. A letter from the Director, Office of as fall within the jurisdiction of that com- Sustainable Fisheries, National Marine Fish- f mittee pursuant to clause 1(e), rule X (Rept. eries Service, transmitting the Service’s REPORTS OF COMMITTEES ON 104–840, Pt. 1). Ordered to be printed. final rule—Fisheries of the Exclusive Eco- PUBLIC BILLS AND RESOLUTIONS nomic Zone Off Alaska; ‘‘Other Rockfish’’ f Species Group in the Eastern Regulatory Under clause 2 of rule XIII, reports of Area of the Gulf of Alaska [Docket No. committees were delivered to the Clerk TIME LIMITATION OF REFERRED 960129018–6018–01; I.D. 091996A] received Sep- for printing and reference to the proper BILL tember 24, 1996, pursuant to 5 U.S.C. 801(a) (1) calendar, as follows: Pursuant to clause 5 of rule X the fol- (A); to the Committee on Resources. 5321. A letter from the Assistant Attorney Mr. SPENCE: Committee on National Se- lowing action was taken by the Speak- General, Department of Justice, transmit- curity. H.R. 3142. A bill to establish a dem- er: ting a draft of proposed legislation entitled, onstration project to provide that the De- H.R. 2579. Referral to the Committee on ‘‘Criminal Offender Anti-Drug Act’’; to the partment of Defense may receive Medicare International Relations extended for a period Committee on the Judiciary. reimbursement for health care services pro- ending not later than September 25, 1996. 5322. A letter from the Corporation Agent, vided to certain Medicare-eligible covered H.R. 2923. Referral to the Committee on Legion of Valor of the United States of military beneficiaries; with an amendment Ways and Means extended for a period ending America, Inc., transmitting a copy of the le- (Rept. 104–837, Pt. 1). Ordered to be printed. not later than October 2, 1996. Mr. YOUNG of Alaska: Committee on Re- gion’s annual audit as of April 30, 1996, pur- H.R. 4012. Referral to the Committee on sources. H.R. 3973. A bill to provide for a suant to 36 U.S.C. 1101(28) and 1103; to the Ways and Means extended for a period ending study of the recommendations of the Joint Committee on the Judiciary. not later than October 2, 1996. 5323. A letter from the Director, Office of Federal-State Commission on Policies and Government Ethics, transmitting the Of- Programs Affecting Alaska Natives; with an f amendment (Rept. 104–838). Referred to the fice’s final rule—Standards of Ethical Con- PUBLIC BILLS AND RESOLUTIONS duct for Employees of the Executive Branch; Committee of the Whole House on the State Exception for Gifts from a Political Organi- of the Union. Under clause 5 of rule X and clause 4 zation (RIN: 3209–AA04) received September Mr. BLILEY: Committee on Commerce. of rule XXII, public bills and resolu- 20, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to H.R. 2579. A bill to establish the National tions were introduced and severally re- the Committee on the Judiciary. Tourism Board and the National Tourism Or- ferred as follows: 5324. A letter from the Clerk, U.S. Court of ganization to promote international travel Appeals, District of Columbia Circuit, trans- and tourism to the United States; with an By Mr. HYDE: mitting an opinion of the U.S. Court of Ap- amendment (Rept. 104–839 Pt. 1). H.R. 4164. A bill to provide for the exten- peals (92–3133—United States of America ver- Mr. HYDE: Committee of Conference. Con- sion of certain authority for the Marshal of sus Rochell Ardall Crowder; to the Commit- ference report on H.R. 2977. A bill to reau- the Supreme Court and the Supreme Court tee on the Judiciary. thorize alternative means of dispute resolu- Police; to the Committee on the Judiciary. 5325. A letter from the Assistant Attorney tion in the Federal administrative process, By Mr. HOKE (for himself and Mr. General, Civil Rights Division, Department and for other purposes (Rept. 104–841). Or- TRAFICANT): of Justice, transmitting the Department’s dered to be printed. H.R. 4165. A bill to provide for certain final rule—Architectural and Transportation Ms. GREENE of Utah. Committee on changes with respect to requirements for a Barriers Compliance Board [A.G. Order No. Rules. House Resolution 536. Resolution Canadian boater landing permit pursuant to 2043–96] (RIN: 3014–AA18) received September waiving points of order against the con- section 235 of the Immigration and National- 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ference report to accompany the bill (H.R. ity Act; to the Committee on the Judiciary. the Committee on Transportation and Infra- 1296) to provide for the administration of cer- By Mr. CLAY (for himself, Ms. structure. tain Presidio properties at minimal cost to VELAZQUEZ, Mr. MILLER of California, 5326. A letter from the Commissioner, Im- the Federal taxpayer (Rept. 104–842). Re- Mr. KILDEE, Mr. WILLIAMS, Mr. MAR- migration and Naturalization Service, trans- ferred to the House Calendar. TINEZ, Mr. OWENS, Mr. PAYNE of New mitting the Service’s final rule—Definition Mr. SHUSTER: Committee of conference. Jersey, Mrs. MINK of Hawaii, Mr. AN- of the Term Lawfully Present in the United Conference report on S. 640. An act to pro- DREWS, Mr. BECERRA, Mr. SCOTT, Mr. States for Purposes of Applying for Title II vide for the conservation and development of GREEN of Texas, Ms. WOOLSEY, Mr. Benefits Under Section 401(b)(2) of Public water and related resources, to authorize the FATTAH, Mr. ABERCROMBIE, Mr. BER- law 104–193 [INS No. 1792–96] (RIN: 1115–AE51) Secretary of the Army to construct various MAN, Mr. BONIOR, Mr. BROWN of Cali- received September 13, 1996, pursuant to 5 projects for improvements to rivers and har- fornia, Mr. BROWN of Ohio, Mrs. U.S.C. 801(a)(1)(A); to the Committee on bors of the United States, and for other pur- CLAYTON, Mr. CONYERS, Mr. DELLUMS, Ways and Means. poses (Rept. 104–843). Ordered to be printed. Mr. DIXON, Mr. ENGEL, Mr. EVANS, September 25, 1996 CONGRESSIONAL RECORD — HOUSE H11229

Mr. FOGLIETTA, Mr. GONZALEZ, Mr. Miamis National Historical Site in the State services as part of payment for renal dialysis GUTIERREZ, Mr. HASTINGS of Florida, of Ohio; to the Committee on Resources. services under the Medicare Program; to the Mr. HILLIARD, Mr. HINCHEY, Mr. By Mr. LAZIO of New York: Committee on Commerce, and in addition to HOLDEN, Mr. JACKSON, Mr. KAN- H.R. 4175. A bill to require the Secretary of the Committee on Ways and Means, for a pe- JORSKI, Mr. LANTOS, Mr. LEVIN, Mr. Education to investigate the feasibility of riod to be subsequently determined by the LIPINSKI, Ms. LOFGREN, Mr. MANTON, establishing a National Environmental Speaker, in each case for consideration of Mr. MASCARA, Mr. MOAKLEY, Mr. Science and Policy Academy; to the Com- such provisions as fall within the jurisdic- MORAN, Mr. OLVER, Mr. RAHALL, Mr. mittee on Science, and in addition to the tion of the committee concerned. RANGEL, Ms. ROYBAL-ALLARD, Mr. Committee on Economic and Educational By Mr. TRAFICANT: SERRANO, Mr. THOMPSON, Mr. TORRES, Opportunities, for a period to be subse- H.R. 4186. A bill to designate the United Mr. VENTO, Mr. WISE, Mr. WYNN, and quently determined by the Speaker, in each States border station located in Pharr, TX, Mr. YATES): case for consideration of such provisions as as the ‘‘Kika de la Garza United States Bor- H.R. 4166. A bill to amend the Fair Labor fall within the jurisdiction of the committee der Station’’; to the Committee on Transpor- Standards Act of 1938 to provide for legal ac- concerned. tation and Infrastructure. countability for sweatshop conditions in the By Mr. MCDERMOTT (for himself, Mr. By Mr. WELLER: garment industry, and for other purposes; to GIBBONS, Mr. RANGEL, Mr. STARK, Mr. H.R. 4187. A bill to amend the National the Committee on Economic and Edu- COYNE, and Mr. NEAL of Massachu- Trails System Act to designate the Lincoln cational Opportunities. setts): National Historic Trail as a component of By Mr. WILLIAMS (for himself, Mr. H.R. 4176. A bill to amend the Internal Rev- the National Trails System; to the Commit- OXLEY, and Mr. MANTON): enue Code of 1986 to allow certain employees tee on Resources. H.R. 4167. A bill to provide for the safety of without employer-provided health coverage By Mr. WILLIAMS: journeyman boxers, and for other purposes; a refundable credit for their health insurance H.R. 4188. A bill to authorize the construc- to the Committee on Economic and Edu- costs; to the Committee on Ways and Means. tion of the Fort Peck Reservation Rural cational Opportunities, and in addition to By Mr. MCHUGH: Water System, Montana, and for other pur- the Committee on Commerce, for a period to H.R. 4177. A bill to extend the deadline poses; to the Committee on Resources. be subsequently determined by the Speaker, under the Federal Power Act applicable to By Mr. STARK: in each case for consideration of such provi- the construction of the AuSable Hydro- H.R. 4189. A bill to amend title XVIII of the sions as fall within the jurisdiction of the electric Project in New York, and for other Social Security Act to provide for coverage committee concerned. purposes; to the Committee on Commerce. of vancomycin home parenteral therapy under the Medicare Program; to the Commit- By Mr. COX: By Mr. MCINNIS: H.R. 4168. A bill to amend the Helium Act H.R. 4178. A bill to establish peer review tee on Commerce, and in addition to the to authorize the Secretary to enter into for the review of standards promulgated Committee on Ways and Means, for a period agreements with private parties for the re- under the Occupational Safety and Health to be subsequently determined by the Speak- covery and disposal of helium on Federal Act of 1970; to the Committee on Economic er, in each case for consideration of such pro- lands, and for other purposes; to the Com- and Educational Opportunities. visions as fall within the jurisdiction of the mittee on Resources. H.R. 4179. A bill to provide that members committee concerned. H.R. 4190. A bill to amend title XVIII of the By Mr. BAKER of California (for him- of the Armed Forces who performed services Social Security Act to provide for coverage self, Mr. WHITE, and Mr. CAMPBELL): for the peacekeeping efforts in Somalia shall of outpatient parenteral antimicrobial ther- H.R. 4169. A bill to amend the Internal Rev- be entitled to tax benefits in the same man- enue Code of 1986 to provide that all com- apy under the Medicare program; to the ner as if such services were performed in a puter software shall be depreciable over 24 Committee on Ways and Means, and in addi- combat zone, and for other purposes; to the months; to the Committee on Ways and tion to the Committee on Commerce, for a Committee on Ways and Means. Means. period to be subsequently determined by the By Mr. MOAKLEY: Speaker, in each case for consideration of By Mr. GINGRICH: H.R. 4180. A bill to provide schools H.R. 4170. A bill to provide a sentence of such provisions as fall within the jurisdic- throughout the country with the capability death for certain importations of significant tion of the committee concerned. to use new technology to its fullest poten- quantities of controlled substances; to the H.R. 4191. A bill to require the Secretary of tial; to the Committee on Economic and Committee on the Judiciary, and in addition Health and Human Services to conduct a to the Committee on Commerce, for a period Educational Opportunities. study of the effect on payments under Medi- to be subsequently determined by the Speak- By Mrs. MYRICK: care where certain inpatient services are re- H.R. 4181. A bill to provide for increased er, in each case for consideration of such pro- placed by outpatient services; to the Com- mandatory minimum sentences for criminals visions as fall within the jurisdiction of the mittee on Ways and Means, and in addition possessing firearms, and for other purposes; committee concerned. to the Committee on Commerce, for a period to the Committee on the Judiciary. By Mr. BAKER of Louisiana: to be subsequently determined by the Speak- H.R. 4171. A bill to amend the National By Mrs. ROUKEMA (for herself, Mr. er, in each case for consideration of such pro- Forest Foundation Act to extend and in- MCCOLLUM, Mr. VENTO, Mr. DREIER, visions as fall within the jurisdiction of the crease the matching funds authorization for Ms. FURSE, Mr. FLAKE, Mr. KING, Mr. committee concerned. the Foundation, to provide additional admin- BONO, and Ms. MCKINNEY): By Mr. BACHUS: istrative support to the Foundation, to au- H.R. 4182. A bill to enhance competition in H. Con. Res. 218. Concurrent resolution ex- thorize the use of investment income, and to the financial services sector and merge the pressing the sense of the Congress that the permit the Foundation to license the use of commercial bank and savings association President should categorically disavow any trademarks, tradenames, and other such de- charters; to the Committee on Banking and intention of issuing pardons to James or vices to advertise that a person is an official Financial Services, and in addition to the Susan McDougal or Jim Guy Tucker; to the sponsor or supporter of the Forest Service or Committee on Commerce, for a period to be Committee on the Judiciary. the National Forest System; to the Commit- subsequently determined by the Speaker, in By Mr. KENNEDY of Rhode Island (for tee on Agriculture. each case for consideration of such provi- himself, Mr. GILMAN, Mr. REGULA, By Mr. CONDIT (for himself, Mr. sions as fall within the jurisdiction of the Mr. YATES, Mr. LANTOS, Mr. CUNNINGHAM, Mr. MCKEON, Mr. RIGGS, committee concerned. LATOURETTE, and Mr. FOX): Mr. FAZIO of California, Ms. LOFGREN, By Mrs. SMITH of Washington: H. Con. Res. 219. Concurrent resolution and Mr. CAMPBELL): H.R. 4183. A bill to amend the Federal Elec- calling for the proper preservation of the me- H.R. 4172. A bill to amend the Fair Labor tion Campaign Act of 1971 to require the dis- morial at the site of the Jasenovac con- Standards Act of 1938 to provide an exemp- closure of the identity of persons paying the centration and death camp in Croatia in a tion from the overtime requirements of that expenses associated with the polls conducted way that accurately reflects the historical act for law enforcement employees while at by telephone during campaigns for election role of that site in the Holocaust; to the a police academy or other training facility for Federal office, and for other purposes; to Committee on International Relations. pursuant to an agreement between the public the Committee on House Oversight, and in By Mr. LANTOS (for himself and Mr. agency employing such employee and rep- addition to the Committee on the Judiciary, HOKE): resentatives of such employee; to the Com- for a period to be subsequently determined H. Con. Res. 220. Concurrent resolution mittee on Economic and Educational Oppor- by the Speaker, in each case for consider- commending the Governments of Hungary tunities. ation of such provisions as fall within the ju- and Romania on the occasion of the signing By Mr. EVANS (for himself and Mr. risdiction of the committee concerned. of a Treaty of Understanding, Cooperation FILNER): By Mr. SPRATT: and Good Neighborliness; to the Committee H.R. 4173. A bill to amend title 38, United H.R. 4184. A bill to suspend temporarily the on International Relations. States Code, to improve benefits for veterans duty on certain chemicals; to the Committee By Mr. MCCOLLUM: exposed to ionizing radiation; to the Com- on Ways and Means. H. Res. 535. Resolution providing for the mittee on Veterans’ Affairs. By Mr. STARK: concurrence of the House, with an amend- By Ms. KAPTUR: H.R. 4185. A bill to amend title XVIII of the ment, in the amendments of the Senate to H.R. 4174. A bill to establish the Fallen Social Security Act to pay for parenteral nu- the bill H.R. 3166; considered under suspen- Timbers Battlefield, Fort Meigs, and Fort trients provided as part of renal dialysis sion of the rules. H11230 CONGRESSIONAL RECORD — HOUSE September 25, 1996

By Mr. MEEHAN (for himself, Mr. H.R. 2323: Mr. HOSTETTLER. H.R. 3860: Mr. NADLER and Mr. FATTAH. FRANKS of New Jersey, and Ms. H.R. 2434: Mr. HOUGHTON and Mr. COMBEST. H.R. 3938: Mr. DORNAN, Mrs. MEEK of Flor- ESHOO): H.R. 2497: Mr. LIGHTFOOT and Mr. EHRLICH. ida, Mr. CONYERS, and Mr. MANTON. H. Res. 537. Resolution expressing the sense H.R. 2579: Mr. CAMP and Mr. DEAL of Geor- H.R. 3988: Mr. LARGENT. of the House of Representatives that the De- gia. H.R. 3991: Mr. HILLIARD, Mr. FROST, Mr. partments of the Treasury, Defense, Com- H.R. 2651: Mr. DICKEY and Mr. KENNEDY of BROWN of Ohio, Mr. RANGEL, and Ms. RIVERS. merce, and Labor should take steps to assist Rhode Island. H.R. 4006: Mr. FUNDERBURK and Mr. EWING. in increasing the competitiveness of the U.S. H.R. 2664: Mr. ZIMMER. H.R. 4027: Mr. SMITH of New Jersey and Mr. electronic inter-connections industry; to the H.R. 2713: Mr. KING. QUINN. Committee on Ways and Means, and in addi- H.R. 2727: Mrs. CHENOWETH. H.R. 4031: Mr. CALVERT, Mr. PORTER, Mr. tion to the Committees on Commerce, Na- H.R. 2875: Mr. TORKILDSEN. CAMPBELL, Mr. CUNNINGHAM, Mr. BILBRAY, tional Security, and Economic and Edu- H.R. 2900: Mr. CAMP, Mr. LAHOOD, Mr. Ms. DUNN of Washington, Mr. BONO, Mr. cational Opportunities, for a period to be DICKEY, and Mr. BUNNING of Kentucky. PACKARD, Mr. MCKEON, Mr. RAMSTAD, Mr. subsequently determined by the Speaker, in H.R. 2976: Mr. FOGLIETTA, Mr. HEFNER, Mrs. DREIER, and Mr. EHRLICH. each case for consideration of such provi- LINCOLN, Mr. SKAGGS, Mr. SMITH of Michi- H.R. 4066: Mr. DREIER. sions as fall within the jurisdiction of the gan, and Mr. STOKES. H.R. 4071: Mr. PETERSON of Minnesota, Ms. committee concerned. H.R. 2995: Mr. HOKE. LOFGREN, Mrs. MALONEY, Mr. EVANS, Mr. H.R. 3022: Mr. LEACH, Mrs. MINK of Hawaii, f FROST, and Mr. ENSIGN. and Mr. SCHUMER. H.R. 4072: Mr. TRAFICANT, Mr. EHLERS, Mr. H.R. 3081: Mr. RUSH, Mr. WATT of North PRIVATE BILLS AND MCINTOSH, Ms. DUNN of Washington, Mrs. Carolina, Mr. JEFFERSON, and Ms. JACKSON- RESOLUTIONS CHENOWETH, Mr. MCHUGH, Mr. HOSTETTLER, LEE. Mr. RADANOVICH, and Mr. COMBEST. Under clause 1 of rule XXII, private H.R. 3104: Mr. JACKSON. H.R. 4081: Mr. BONIOR, Mr. PETERSON of H.R. 3142: Mr. LONGLEY, Mr. WALSH, and bills and resolutions were introduced Minnesota, and Mr. LIPINSKI. Mr. ANDREWS. and severally referred as follows: H.R. 4102: Mr. POMEROY. H.R. 3195: Mr. GOODLATTE, Mr. HERGER, Mr. Mr. TAUZIN introduced a bill to authorize H.R. 4126: Mr. BONO. MCINTOSH, and Mr. STUMP. H.R. 4133: Mr. CUMMINGS, Mr. CLINGER, Mr. the Secretary of Transportation to issue a H.R. 3226: Mr. NEY. COLEMAN, Mr. OLVER, Mr. JEFFERSON, Mr. certificate of documentation with appro- H.R. 3353: Mr. OWENS. BROWN of Ohio, Mr. FRANK of Massachusetts, priate endorsement for employment in the H.R. 3398: Ms. WOOLSEY and Mr. HERGER. Mr. PORTMAN, Mr. CLAY, Mr. BARRETT of Wis- coastwise trade for the vessel Spirit of the Pa- H.R. 3413: Mrs. MORELLA, Mr. SMITH of consin, Mr. CRAMER, Mrs. COLLINS of Illinois, cific Northwest; which was referred to the Texas, Mr. SANDERS, Mr. SOLOMON, Mr. GIL- Mr. SAWYER, Mr. OWENS, and Ms. KAPTUR. Committee on Transportation and Infra- MAN, Mr. WILLIAMS, Mr. MCHALE, Mr. KLINK, H.R. 4137: Mr. MARTINI, Mr. CASTLE, Mr. structure. Mr. DIAZ-BALART, Mr. OLVER, Mr. GOODLATTE, and Mr. WELDON of Florida. f TORKILDSEN, Mr. MCDADE, Mr. EHRLICH, Mr. H.R. 4145: Mr. WAXMAN. DOYLE, Mr. JOHNSON of South Dakota, Mrs. H.R. 4148: Mr. MANTON, Mr. WATT of North ADDITIONAL SPONSORS ROUKEMA, Mr. POMEROY, Mr. ZIMMER, Mr. Carolina, Mr. VOLKMER, and Ms. DELAURO. POMBO, Mr. FROST, Mr. HINCHEY, Mr. LEACH, Under clause 4 of rule XXII, sponsors H.R. 4159: Mr. CRANE. Mr. THOMPSON, Mrs. MEEK of Florida, Mr. were added to public bills and resolu- H. Con. Res. 76: Mr. MINGE. STARK, Mr. ACKERMAN, Mr. EVANS, and Mr. tions as follows: H. Con. Res. 128: Mr. BROWN of California, GOODLING. Mr. RANGEL, and Mr. JACKSON. H.R. 65: Mr. ZIMMER. H.R. 3426: Mr. BOEHNER. H. Con. Res. 136: Ms. NORTON, Mr. ACKER- H.R. 103: Mr. GILCHREST. H.R. 3462: Mr. FILNER. MAN, and Mr. BILBRAY. H.R. 778: Mr. LONGLEY. H.R. 3504: Mr. BLUTE. H. Con. Res. 213: Mr. GILMAN. H.R. 784: Mrs. CUBIN. H.R. 3531: Mrs. SCHROEDER. H. Con. Res. 215: Mr. LOBIONDO, Mr. H.R. 878: Mr. GORDON and Mr. QUINN. H.R. 3538: Mr. DORNAN, Mr. MASCARA, Mrs. FILNER, Mr. BATEMAN, and Mr. EVANS. H.R. 903: Ms. MOLINARI. MEEK of Florida, Mr. DAVIS, Mr. CONYERS, H. Res. 30: Mr. HASTINGS of Washington, H.R. 1046: Mr. HOLDEN. and Mr. MANTON. Mr. CRAPO, and Mr. SAWYER. H.R. 1073: Mr. LAZIO of New York and Mr. H.R. 3555: Mr. CASTLE. H. Res. 346: Mr. HAYWORTH. HOKE. H.R. 3636: Mrs. SMITH of Washington. H. Res. 478: Ms. HARMAN. H.R. 1074: Mr. HOKE. H.R. 3690: Mr. HUTCHINSON. H. Res. 501: Mrs. MEEK of Florida. H.R. 1090: Mr. ZIMMER and Mr. ANDREWS. H.R. 3693: Ms. MILLENDER-MCDONALD, Mr. H.R. 1325: Mr. MASCARA. ACKERMAN, Mr. BEREUTER, Ms. DELAURO, and f H.R. 1339: Ms. HARMAN. Mr. TORRES. H.R. 1402: Ms. WATERS. H.R. 3714: Mr. SAWYER and Ms. PRYCE. H.R. 1591: Mr. GUTIERREZ. H.R. 3736: Mr. BEREUTER, Mr. GUNDERSON, DELETIONS OF SPONSORS FROM H.R. 1649: Ms. SLAUGHTER. Mr. MANTON, Mr. BLUTE, and Mr. BACHUS. PUBLIC BILLS AND RESOLUTIONS H.R. 1805: Mr. GORDON. H.R. 3753: Mr. COSTELLO. Under clause 4 of rule XXII, sponsors H.R. 1846: Mrs. MORELLA. H.R. 3758: Mr. CAMPBELL, Mr. were deleted from public bills and reso- H.R. 1916: Mrs. CHENOWETH. KNOLLENBERG, and Mr. STOCKMAN. H.R. 2011: Mr. BLUMENAUER and Mr. SHAW. H.R. 3795: Mr. HAYES. lutions as follows: H.R. 2080: Mr. CUMMINGS, Mr. GREEN of H.R. 3849: Mr. DOYLE, Mr. LAHOOD, and Mr. H.R. 3559: Mr. TRAFICANT, Mr. EHLERS, Mr. Texas, Ms. NORTON, and Mr. JACKSON. BARTLETT of Maryland. MCINTOSH, Ms. DUNN of Washington, Mrs. H.R. 2211: Mr. KILDEE. H.R. 3852: Mr. FOX and Mr. CUNNINGHAM. CHENOWETH, and Mr. MCHUGH.