Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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, MARCH 20, 1996 No. 39 Senate The Senate met at 10 a.m., and was SCHEDULE and for other purposes, having met, after full called to order by the President pro and fair conference, have agreed to rec- Mr. GORTON. Mr. President, this ommend and do recommend to their respec- tempore [Mr. THURMOND]. morning the Senate will immediately tive Houses this report, signed by a majority begin consideration of the conference of the conferees. PRAYER report accompanying H.R. 956, the The Senate resumed consideration of The Chaplain, Dr. Lloyd John product liability bill. the conference report. Ogilvie, offered the following prayer: Under the consent agreement reached Mr. GORTON. Mr. President, I am Abraham Lincoln expressed his de- last night, there will be 5 hours of de- pleased, after a lapse of almost 1 year, pendence on prayer to sustain and bate, equally divided, which will end to present to the Senate and to support strengthen him in difficult and chal- just after 3 p.m. today. At that time, the conference report on H.R. 956, the lenging times. He said, ‘‘I have been the Senate will begin a vote on invok- Common Sense Product Liability Legal driven many times to my knees by the ing cloture on the conference report, to Reform Act of 1996. This is a bipartisan overwhelming conviction that I had no- be immediately followed by a cloture proposal reflecting, essentially, the de- where to go but to prayer. My own wis- vote on the motion to proceed to the cisions made here in the U.S. Senate dom and that of those all about me Whitewater legislation. last year, without the broader addi- seemed insufficient for the day.’’ As a reminder, under a previous tions that were passed by the House of Representatives. Gracious Father, thank You for the order, if cloture is invoked today on Mr. President, during the course of gift of prayer. When problems pile up the product liability conference report, this 5 hours today, there will be many and pressures mount, we are so grate- there will be an additional 3 hours of debate tomorrow morning at 9 a.m., statements—passionately held—about ful that we, too, have a place to turn. what the future holds with respect to And You are there waiting for us, offer- with a vote on the adoption of the conference report at 12 noon on Thursday. both our legal system and our eco- ing Your grace for grim days and Your nomic system, and whether this bill strength for our struggles. How good it Following the cloture votes scheduled at 3 o’clock today, the Senate will should pass. As a consequence, Mr. is to know that we are not alone. We President, I want to start my remarks can be honest with You about our begin consideration of S. 1459, the grazing fees legislation. Additional votes with a statement about what has al- insufficiencies and discover the suffi- ready happened as a result of a very ciency of Your wisdom given in very are, therefore, to be expected today in regard to the grazing fees bill. modest product liability reform that specific and practical answers to our was passed by the Congress of the deepest needs. Lord, help us to spend f United States, and signed by the Presi- more time listening to Your answers RESERVATION OF LEADER TIME dent, just 2 or 3 years ago. I am going than we do in our lengthy explanations to do that because that action speaks to You of our problems. We dedicate The PRESIDING OFFICER (Mr. louder than any words we can say this day to seek Your guidance, to fol- CAMPBELL). Under the previous order, about the desirability of this broader low Your direction, and to do our best leadership time is reserved. legislation. to lead this Nation according to Your f On August 17, 1994, President Clinton will. We humbly confess our profound signed the General Aviation Revitaliza- need for You and praise You for Your COMMON SENSE PRODUCT LIABIL- tion Act of 1994. That act created an 18- faithfulness to give us exactly what we ITY LEGAL REFORM ACT OF year statute of repose on general avia- need for all the challenges of the day 1996—CONFERENCE REPORT tion, piston-driven aircraft. That single ahead. Lead on Lord. Amen. The PRESIDING OFFICER. Under provision, in less than 2 years, has al- the previous order, the Senate will now ready had a magnificently positive im- f proceed to the conference report to ac- pact on the general aviation industry. company H.R. 956. Since the enactment of the bill, the general aviation industry has recorded RECOGNITION OF THE ACTING The clerk will report. its best year in more than a decade. In MAJORITY LEADER The legislative clerk read as follows: The committee of conference on the dis- 1986, as a result largely of product li- The PRESIDENT pro tempore. The agreeing votes of the two Houses on the ability litigation, Cessna, a famous able acting majority leader is recog- amendment of the Senate to the bill (H.R. name in aviation, stopped producing nized, the Senator from Washington 956), a bill to establish legal standards and piston-driven aircraft. It has now reen- State. procedures for product liability litigation, tered that field. In July, Cessna will

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

S2341

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VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2343 open a new $40 million facility in Kansas and, once again, will begin to produce piston-driven aircraft. The facility will employ about 2

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2344 CONGRESSIONAL RECORD — SENATE March 20, 1996 open a new $40 million facility in Kan- States deserve, we all agree, a system tual damages, the actual losses to an sas and, once again, will begin to that is fair and efficient, yields reason- individual, the lower the percentage of produce piston-driven aircraft. The fa- ably predictable results, holds parties actual recovery. cility will employ about 2,000 people. responsible in accordance with their Unpredictability. Last year in a hear- Cessna is not alone in this connec- fault, and perhaps most importantly ing before the Commerce Committee a tion, Mr. President. Piper Aircraft, just reduces the wasteful transaction costs Virginia law professor, Jeffrey 2 years ago, was having an extremely associated with all kinds of litigation, O’Connell, explained: difficult time getting out of a bank- but in this case product liability litiga- If you are badly injured in our society by ruptcy proceeding to which it had been tion. a product and you go to a highly skilled subjected. No investor wanted to come Estimates of total tort costs of liti- lawyer...in all honesty the lawyer cannot to the rescue of that famous American gation and associated activities range tell you what you will be paid, when you will company because it would have to as- from some $80 to $117 billion a year. be paid, or, indeed, if you will be paid. sume its liability risks. Since the en- Every dollar of these costs is forced What is the effect of a broken down actment of that simple piece of legisla- back on consumers through higher system on people in the United States tion, however, investors have come for- prices on products used every day, and today? First, it is increased costs. I ward. The Piper Aircraft Co. has come not at all, incidentally, limits the have already referred to the fact that out of bankruptcy, and its employment choice of those products as well. one manufacturer of vaccines has has increased by 30 percent. More gen- Listen to just a few facts about to- raised its price 400 percent, from $2.80 erally, employment is up at every gen- day’s product liability system in Amer- to $11.40, solely to recover the cost of eral aviation manufacturing facility in ica. The current system accounts for increased lawsuits, and that in 1984 two the United States by 15 percent. We about 20 percent of the cost of a ladder. of the three companies manufacturing went to the Internet last week to find It accounts for 50 percent of the cost of the DPT vaccine decided to stop pro- the kind of job openings that have re- a football helmet. Injured parties, on duction because it just simply was not sulted from this resurgence in general the other hand, receive less than half worth it, by reason of the cost of the aviation activity. Here is a brief list of of the money spent on product liability product liability. Later in that year, some of the jobs we found: Avionics actions, with the other half going to the Centers for Disease Control rec- technician, Cessna; computer control lawyers and their associated expenses. ommended that doctors stop vacci- technician, Cessna; systems designer, Nearly 90 percent of all of the compa- nating children over the age of 1 in Cessna; weights engineer, Cessna; sen- nies in the United States can expect to order to conserve limited supplies of ior cost accountant, Raytheon; senior become a defendant in a product liabil- that vaccine. engineer, software systems certifi- ity case at least once—90 percent of all Second, it is very clear that the fear cation, Raytheon. Exactly the kind of of the companies in the United States. of product liability litigation hinders high-skill, high-wage jobs that the Are 90 percent of them negligent manu- the development of new products in the United States needs in order to con- facturers or product sellers? No. Many United States, and the marketing of tinue its leadership in world tech- win these lawsuits, but they have to those products once they are devel- nology, and in order to provide jobs for pay their attorney fees and they have oped. In an American Medical Associa- coming generations. to pay their insurance costs, in any tion report entitled ‘‘The Impact of Mr. President, that bill less than 2 event. Product Liability on the Development years ago was criticized as restricting Product liability insurance costs 15 of New Medical Technologies,’’ they the rights of plaintiffs. Yet, Mr. Presi- times as much in the United States as wrote: dent, I am confident when I say that it does in Japan and 20 times more there is not a single Member of this Innovative new products are not being de- than it does in Europe. Are their manu- veloped, or are being withheld from the mar- body—or, for that matter, of the House facturers, as a result, automatically ket because of liability concerns, or the in- of Representatives—who ever, in the negligent and indifferent to their con- ability to obtain adequate insurance. Certain course of a political campaign or to sumers? Under the present laws in older technologies have been removed from meet an obligation, turned down a ride most of the States of the United the market not because of sound scientific in a Cessna aircraft on the grounds States, manufacturers can be sued for evidence indicating lack of safety or efficacy that those aircraft were negligently products manufactured in the 1800’s— but because product liability suits have ex- manufactured. Those who most elo- poses manufacturers to unacceptable finan- manufactured a century ago. cial risk. quently defend the present legal sys- The present system costs too much. tem—a system which for all practical In a book published 5 years ago by the Rawlings Sporting Goods, one of the purposes bankrupted Cessna and Piper Brookings Institution the following leading manufacturers of competitive by reason of lawsuits claiming neg- note appears: football equipment for more than 80 ligent manufacture—never once acted Regardless of the trends in tort verdicts, years, announced in 1988 that it would on that and said, ‘‘Oh, no, I cannot get most studies in this area have concluded no longer manufacture, distribute, or on the plane; it was negligently manu- that, after adjusting for inflation and popu- sell football helmets. Two manufactur- factured.’’ lation, liability costs have risen dramati- ers in the United States out of 20 that Mr. President, I cannot imagine that cally in the last 30 years, and most espe- were in this business in 1975 remain in there is a Member of this body, or of cially in the last decade. that business today. the House of Representatives, who ever I have already spoken to the propo- A recent article in Science magazine said, ‘‘I won’t allow my child to get a sition that more of the money in the reported that a careful examination of whooping cough vaccination because system goes to the lawyers and to their the current state of research to develop the materials in that vaccination were associates than goes to victims. Liabil- an AIDS vaccine ‘‘shows liability con- negligently manufactured.’’ And yet ity insurance costs affect every manu- cerns have had negative effects.’’ they will stand up here today and say, facturer in the United States. It points out that Genentech halted ‘‘We cannot change the law. We cannot One example from my own State is a its AIDS vaccine research after the protect those manufacturers against water ski manufacturer, Connelly California legislature failed to enact lawsuits like that because it would be Water Skis of Lynnwood, WA, pays an State tort reform. Only after a favor- unwise to do so.’’ annual premium every year of $345,000 able ruling did they renew or resume The present system has driven every for product liability insurance even that research. such manufacturer—except one—out of though it has never lost a case. It has On that same topic, consider a recent the business, and has caused the cost of never lost a case—but still has to pay comment by Dr. Jonas Salk, the inven- that vaccine to be multiplied by 400 that huge premium. tor of the polio vaccine. I quote Dr. percent. It is less available and more The present system takes forever— Salk: expensive because of the insistence years—to settle cases. Compensation, If I develop an AIDS vaccine, I do not be- that we continue to allow absurd law- ironically, is unfair. The smaller the lieve a U.S. manufacturer will market it be- suits to be brought against those man- amount of damages, the larger the per- cause of the current punitive damage sys- ufacturers. The people of the United centage of recovery. The larger the ac- tem.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2345 Not only does the current system century. As a consequence, I urgently please you if we change this little hurt medical innovation, it also inhib- ask my fellow Senators promptly to word? And you have a ‘‘gerrybuilt’’ bill its small companies from producing ev- pass this bill and send it to the House in front of you that never would pass eryday goods. For example, again in and then to the President of the United muster in a conference. my own State, Washington Auto Car- States. Having fixed the vote, they went riage in Spokane distributes various The PRESIDING OFFICER. Who ahead and we heard last week that kinds of truck equipment throughout yields time? something was happening. In fact, I the United States. Here is what its Mr. HOLLINGS addressed the Chair. could tell it. On Thursday night Rich- owner, Cliff King, says, and I quote The PRESIDING OFFICER. The Sen- ard Threlkeld on CBS came in at 7:20 him. ator from South Carolina, [Mr. HOL- and he said the U.S. Congress is about We have been forced out of selling some LINGS], is recognized. to consider these dastardly, ridiculous kinds of truck equipment because of the ex- Mr. HOLLINGS. I yield so much time lawsuits, and he went on to talk about orbitant insurance premiums required to be as will be necessary. a man in the men’s restroom where in the market. As a result, this type of I am thoroughly bemused by my women came in and he was insulted. equipment tends to be distributed only by a friend from the State of Washington The proponents talk about the coffee very few large distributors around the coun- starting off on aircraft with the very try who can afford to spread the costs over a case from McDonald’s, and they have very large base of sales. Ultimately there is categorical statement that no one ever these anecdotal, nonsensical matters much less competition in these markets. got on a plane saying that Cessna’s that never tell the complete facts. And Many arguments are made against planes were unsafe or the manufacturer the truth of the matter is, since we this proposal on the basis of fed- was negligent. If they thought so, they mention the coffee case, I have the eralism. The United States is a single were not going to get on the plane. finding right here that confirms that market, however, a single market now They would not have to say it. Come the jury did award $3 million. But the with 51 different product liability re- on. Who are we kidding? judge reduced that. After all, judges do gimes. As a result, one of the associa- By coincidence, just last Thursday, I have sense. Jurors do have sense. All tions that is most interested in a devo- saw it reported that a Cessna plane wisdom is not vested in the Senate. lution of power to the States, the Na- down in Florida took off with the And they reduced that amount to tional Governors’ Association, recog- Blackburn family from my hometown $640,000 and the lady who was hospital- nizes that the current patchwork of and it had barely gotten off, I observed, ized with third-degree burns, requiring U.S. product liability law is too costly, to fly over the waters, and it turned skin grafts, settled for even a lesser time consuming, unpredictable and and went down in about 5 to 10 feet of amount. But you hear on CBS national counterproductive, resulting in se- water at the most. We saw the pictures news, ‘‘All you have to do is spill coffee verely adverse effects on the American of them trying to save the family. The and run up and get your money.’’ Come consumer, workers’ competitiveness, husband and wife and two of the chil- on. innovation and competence. dren were lost, the pilot was lost, and Regarding all the planes, now they Mr. President, we will have a consid- the little 11-year-old hangs on as we are back in business and everything. erable period of time today during talk. We always allocate to ourselves that which to debate details of this legisla- Being an observer, I wondered what everything begins and ends right here tion, but I wish to return just for a mo- had happened. Stories have come again with the wisdom of the U.S. Senate. ment to the point with which I began and again that the pilot was most expe- They want to tell how we passed a good this explanation of the bill. rienced. Someone saw the engine budget bill that has corporate America First, the Members of the Senate, streaming smoke. I cannot tell. You going like gangbusters, the stock mar- even those who argue most passion- cannot. No one can at the moment. But ket through the roof, and, yes, people ately and eloquently to retain the it appears that it is a product liability are buying planes, but they do not present broken down system, do they situation. There is not any question in want to talk about the budget we act in their own lives as if these manu- my mind. It occurs again and again. passed that none of them ever voted facturers were engaged in nefarious ac- It brings me right to the point, Mr. for. Categorically, one Senator on the tivities indifferent to the safety of President, of the shabby nature of this other side of the aisle said, just 2 years their consumers? Did they, during all whole proceeding. I say that because ago, that if we pass this budget they of the years in which Cessna and Piper we passed this bill in the Senate last would be hunting us down like dogs in were being driven out of business by May and finally agreed to a conference the street and shooting us, the econ- the system they defended, refuse to fly on the House side in November. They omy would collapse, there would be a on their airplanes? No. Do they tell had one short, brief meeting. Under the depression; everything would go wrong. their families or do they themselves rules in the House, you have to at least Here now the stock market sets refuse the latest medical devices, the have a meeting. But thereafter there record levels, corporate America is as latest serums, the costs of which have was nothing. affluent as it has ever been, and they been driven sky high by product liabil- It really bemuses me when the distin- are buying airplanes. And my col- ity litigation? No, they do not. They guished Senator says we are now to leagues want to attribute that to use them. They use them for their chil- consider the conference report. We now themselves passing a bill? Come on. dren. Do we have an example of what consider the conspiracy report. It is The next thing the proponents say is even modest reform in this field means not a conference. I never conferred. I the present system costs too much. Mr. to the American economy? Yes, we do, was appointed by the distinguished President, it is like a college edu- in the general aviation industry. And Presiding Officer of the Senate as a cation. A college education is most ex- so I am convinced that we can and member of the conference but was pensive. The only thing more expensive should pass this modest product liabil- never told, never consented, never con- is not having a college education. If ity reform, and we can expect an im- ferred, and not any on our side of the product liability costs, which it does modest and positive result: more com- aisle or our staff were invited other very little, the worst would be to not petition, better goods and services, than the distinguished Senator from have product liability, because injuries lower prices, fewer lawsuits, and a West Virginia. occur. We have a safe America. higher degree of justice for the Amer- Here is what is happening in the Con- I wish I had time to go down through ican people as a whole. gress of the United States. I am going a list of these injuries. When I say the This issue has been debated in this on my 30th year now, and this is the conference was ‘‘a shabby procedure,’’ I body for more than a decade at this first time I have ever seen this happen mean that last week I was struggling point. It is time to bring that debate to this year and last year where they on Friday to try to find the bill. The a close, to pass this legislation, and to fixed the jury; namely, they get to- bill’s supporters were changing words see the relief that the American con- gether on what they want and, since down to the last minute. They filed a sumer, the American manufacturer, they are the majority party, can pick cloture motion at the time they filed and American competitiveness needs to up a vote or two. They then go and bi- the bill, which means they have the be successful in the world of the 21st cycle around: Now, Senator, will this votes for cloture, and the jury is fixed

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VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2348 CONGRESSIONAL RECORD — SENATE March 20, 1996 before they hear any arguments. And news clips about how two of the Sen- fewer this year than last—who believe that thereby they can come in with the ators: our States can’t be trusted with power.... If I have one goal for the 104th Congress, it fixed jury and say, bam, bam, they . . . who will appear on the ballot with is this: that we will dust off the 10th amend- Clinton in West Virginia this fall responded have cloture—today I was limited to an ment and restore it to its rightful place. hour postcloture. They could have angrily to Clinton’s weekend threat to veto Those powers not reserved under the called for the cloture vote in the next the House-Senate compromise of a bill that Constitution are hereby delegated to 20 minutes, since we came in at 10 limits damage awards in product liability the several States. o’clock. So you are under the gun when cases. The two gave an ‘‘unusually harsh accusation’’ to the President, saying Clinton Here we go with the devolution they offer you only a few hours of de- was ‘‘rewarding’’ the trial lawyers who are group. We started off with unfunded bate. You are not allowed to talk ‘‘bankrolling his reelection bid.’’ mandates. They said we had to give ev- sense. That is from the Baltimore Sun. erything back to the States. Every Oh, boy, we could spend an afternoon Come on, it takes a bankroller to measure that has come up here says, pointing out the good that product li- find a bankroller. Let us go to the indi- ‘‘Send welfare back, send the health ability has done. We do not get blown vidual Senators, namely this Senator. I problem back’’—of course, it is all po- up by that Pinto gas tank. Cars all hope I have gotten some contributions litical pap. It is trying to get rid of re- have antilock brakes. That elevator is from the trial lawyers. I have been one. sponsibility. They do not want to pay checked. The steps are marked. Little But I have been a business lawyer, too. the bill. children do not burn up in flammable I have handled antitrust cases. I have We have been spending $250 billion pajamas. The women of America are sued a corporation before the Securi- more than we have taken in each year not threatened with Dalkon shields. ties and Exchange Commission. When and both budgets—the President’s and And football helmets are much safer— you come from a relatively small town the Republican budget—will call again yes, we have had some wonderful deci- like I grew up in, you represent all for another $250 billion in expenditures sions against their unsafe nature. sides. And look at the record. I have with less than $250 billion in revenues. When you and I played football, Mr. been elected six times to the U.S. Sen- So they do not want to speak the President, we ran into the line and ate. I will guarantee I have gotten truth. They want to get boiled up into there was just a piece of leather and more business contributions than trial term limits, and we have gotten the what you would get, many, many a lawyer contributions. So let us dispel lawyers now because this says ‘‘kill all time, was traumatic cataracts. That this notion about what you are doing the lawyers,’’ as the butcher said in does not occur now in high school and for the trial lawyers. We are thinking Henry VI. college ball, because of the better con- of the Constitution in this case. That is People do not realize how he said it. struction of football helmets—and one of the big reasons the American He said anarchy cannot predominate product liability. unless we get rid of all the lawyers. We could go all afternoon and try to Bar Association opposes it. We are thinking of that seventh The lawyers, Mr. President, have been explain the wisdom of a tort system the bulwark of this great democracy. that is working at the State level. But amendment. We are thinking of what the bill’s supporters said in the origi- Every President from Washington up the proponents do not give you time to to Lincoln was a lawyer. They are the do that. They come up here with the nal instance about simplicity, trans- actional costs, but how this particular ones who founded this country, gave anecdotal stuff, that it is costing too thought and wisdom and direction and much. Let me cite some reports about measure now increases the transaction cost and makes complex the so-called growth. what it costs, because the Rand Corp. I hearken the words of Patrick simplicity, if there ever one was. and the Conference Board have studied Henry: ‘‘I know not what course others More than anything else, let us go to these matters. The Rand Corp. said may take, but as for me, give me lib- the original doctrine of the Contract that less than 1 percent of product li- erty or give me death.’’ A Virginia law- With America crowd, from the 1994 ability injuries ever result in a lawsuit. yer. Over 50 percent of civil cases are busi- election. Oh, they won on account of Another Virginia lawyer, a 34-year- ness suits, incidentally. Business is the contract. Did you not get the mes- old lawyer sitting there and penning, suing business, like gangbusters. Penn- sage of the contract? ‘‘All men are created equal.’’ Thomas They have a bunch of children Sen- zoil against Texaco, a $10.2 billion ver- Jefferson. ators running around, hollering, ‘‘The dict, that one business against business James Madison foresaw our problem contract,’’ and ‘‘We gave our pledge.’’ result is more than all the product li- right here this minute 200-some years This Senator was elected, too, on a ability for personal injuries in the last ago. He said, ‘‘But what is Government pledge: To stop a lot of this nonsense if 20 years, that one case. And they are save the best of reflection on human he possibly could. talking about, ‘‘It costs too much.’’ nature. If man were angels, there But what did the Conference Board None other than the distinguished would be no need for Government, and do? They interviewed 232 risk man- majority leader said, at the beginning if angels governed man, there would be agers. We have it in the RECORD. The of this particular Congress: no need for controls over the Govern- Conference Board interviewed 232 risk America has reconnected us with the hopes ment. The task in formulating a gov- managers, of the blue chip, Fortune 500 for a nation made free by demanding a Gov- ernment to be administered by a man ernment that is more limited. Reining in our companies, who said that less than 1 government will be my mandate, and I hope over man is first frame that govern- percent of the cost of the product was it will be the purpose and principal accom- ment with the power to control the due to product liability. It was not a plishment of the 104th Congress. governed and thereupon oblige that problem. same government to control itself.’’ Senator ROBERT DOLE, now the Re- The proponents knew this. They publican nominee for the Presidency James Madison, the lawyer. come in here because they have Victor This Government is out of fiscal con- here in November. I further quote Sen- Schwartz and there is still a movement trol, and no one wants to talk about it. ator DOLE: against lawyers. This is pollster driven. I wish you would pick up the business We all come here per political poll. . . . We do not have all the answers in section this morning. They do not talk Washington, DC. Why should we tell Idaho, Lawyers get rid of the lawyers. or the State of South Dakota, or the State of about that. They said, ‘‘Well, the idea Ah, Mr. President, ‘‘the trial lawyers Oregon, or any other State that we are going of deficits now has gone sort of out of have paid them off.’’ Yes. The pro- to pass this Federal law and that we are style.’’ Why? I can tell the Washington ponents had a news conference even be- going to require you to do certain things Post why. fore the bill was called up. You see . . .? For all last year the Republicans had they have radio, TV shows, news con- The majority leader then went on to a fraudulent budget, 7 years to balance. ferences, before we even call the bill, say. It was a fraud. It did not balance. Fi- and before those who oppose it have . . . Federalism is an idea that power nally, President Clinton said, ‘‘Well, even a chance to say so. That is why I should be kept close to the people. It is an monkey see monkey do. I will put out say it is a shabby operation. But I will idea on which our nation was founded. But a fraudulent budget, too.’’ So when he quote, because you have to get the there are some in Washington—perhaps put one out, they said, ‘‘Ah-ha, fraud.’’

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2349 He said, ‘‘No, that’s what you have,’’ and that is why they stopped talking, because neither side can possibly balance the budget witho

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2350 CONGRESSIONAL RECORD — SENATE March 20, 1996 He said, ‘‘No, that’s what you have,’’ and that is why they stopped talking, because neither side can possibly balance the budget witho

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2351 He said, ‘‘No, that’s what you have,’’ lawyers, I should have completed my phone and go out to the club and eat and that is why they stopped talking, thought. Again, it was a lawyer, Abra- lunch and have their martinis and say because neither side can possibly bal- ham Lincoln, who made the Emanci- how smart they are. And they get paid. ance the budget without an increase in pation Proclamation. Franklin Roo- Plaintiffs’ lawyers, the defendants’ taxes, and both sides are trying to sevelt in the darkest days of the De- lawyers. I read from the committee re- buy—trying to buy—the vote in No- pression, a lawyer, said: ‘‘All we have port: vember with a tax cut. to fear is fear itself.’’ According to calculations derived from the Sheer nonsense, but that is what is I was admitted to practice before the survey conducted by the insurance services going on. That is why they do not talk U.S. Supreme Court in December 1952, officer of the Institute for Civil Justice, for about deficits anymore, because you Mr. President. We had then the school every dollar paid to claimants, insurance paid an average of an additional 42 cents in cannot realistically talk about it and segregation cases. Brown versus Board defense costs. While for every dollar awarded give a tax cut at the same time. So of Education of Topeka—actually the to a plaintiff, the plaintiff pays an average they are moving on to abortion, immi- lead case was Briggs versus Chaney. We contingent fee of 33 cents out of that dollar. gration, they pick up lawyers—term had John W. Davis, the former Solic- Thus, in cases in which plaintiffs prevail, out limits—any kind of sidebar that is not itor General, argue on behalf of the of each $1.42 in total litigation costs, includ- a national problem to get by the elec- State. Thurgood Marshall, the lead ating damages, about half of that goes to at- tion. torney arguing not the Kansas case but torney’s fees, with the defendant’s attorneys It is all applesauce. It is all Presi- the Briggs versus Chaney case. I can on average paid better than the plaintiff’s attorneys. Of course, defendant’s attorneys dential politics. We are spinning our see Justice Marshall, a lawyer, stand- are paid regardless of the outcome of the wheels, and it is a shabby process to ing there now talking about freedom case, while the plaintiff’s attorneys are paid come and bring this without any de- and bringing this Congress and the peo- only if they win their case; otherwise, they bate, limited as we are to talk about a ple in this land to equal justice under take a loss for the time and expenses they national need that every one of the law. have incurred. States over the years has addressed— ‘‘Get rid of the lawyers,’’ they say. I Mr. President, coming to the Senate, the distinguished Senator from Rhode can go to Ralph Nader, I can go to Mor- I left a lot of money on the table. I can Island got up on the floor and talked ris Dees, and all the others. I can go say that poor person now in the Boland about the years we have been dis- down and then I can come to the case—this guy had broken down be- cussing this. He is right. We have been 60,000—did you hear the figure?—60,000 tween Georgetown and Charleston. As discussing it for years and years, and registered to practice downtown in the he went back to get the spare tire out the reason it has not passed is because District, all on billable hours, hardly of the trunk, the bus rammed him, the States have long since taken care any in a court, all fixing us politicians, dead. The family did not have any of the problem, whether the problem $200 an hour, $400 an hour. money, whatever it was. I said, ‘‘Well, was the inability of finding insurance, I have talked to some with ethics I’ll take it.’’ We spent quite a bit of whether it was trying to get uni- charges, and they have gone broke. time and money, won the case, took formity, whether it was international They have not paid their bills yet. the case on appeal, trying to chase competition—you can go down the list, They got rid of the ethics charge, but down to Florida the particular defend- like Sealtest ice cream, the flavor of to go back to all the records, they had ants in that case, everything else of the week, they had a different reason to pay lawyers $400 an hour to come that kind. We just had to leave that. every time. and just look over the records in the Plaintiff’s attorneys understand that Every time that the law professors office. is the cost of doing business. Other- looked at it, they came en masse and The billable hour crowd is behind wise, how is poor America ever going testified, ‘‘For Heaven’s sake, don’t this bill. That is one group. They do to be represented? I take my hat off to pass this measure.’’ not want to mention it. Lawyers, yeah, trial lawyers. Heavens above, yes, if Every time the State legislators they have the Persian rugs, mahogany they make it, some are making in came, or the State attorneys general desks, and the drapes. They never these class actions, I guess, healthy came, they said, ‘‘Look, we’re doing worked. The trial lawyers have to con- amounts. But the experience is other- the job. It’s a nonproblem.’’ vince 12 jurors in their community, all wise. As we have heard in the hearings Every time the chief justices of the 12—all 12—and have to withstand judi- and everything else like that, the cost States—the States that they revere so cial review, as the coffee case did is not trial lawyers, the cost is because much in devolution but that are to- where it was cut. They did not get paid of the defense lawyer. tally repudiated here—the Association anything. The presumption is, on the The cost of the enactment of this of State Chief Justices came and said, amount to the lawyers, that these in- particular so-called conference, what I ‘‘Don’t pass this.’’ jured parties without a lawyer would call conspiracy, report, is that indi- The American Bar came and said, get the money. That is why they are vidual rights would be seriously, seri- ‘‘Don’t pass this.’’ having a product liability case, because ously inhibited. There is not any ques- I do not know who they represent they are denying payment. They are tion about the matter of the studies other than themselves trying to get re- denying payment. that we have had. In 1991, the Rand elected on a pollster hot button. That But, yes, we had in the committee— Corp. showed that only 2 percent of is all it is. We can go down the list of I will read about who gets what, and product liability cases are ever filed. those who oppose this measure still. that this is just a plaintiff’s lawyer— The majority of the 2 percent are busi- The AFL–CIO, do you not think they people ought to know about defend- ness; 90 percent never get to court. represent working Americans? Find me ants’ lawyers and about the billable I have already mentioned the Con- a working American who says this is a hours thing. It is wonderful. We are ference Board. The Rand study said good bill. talking about the time it takes and the that less than 1 percent of corporate The Coalition for Consumer Rights; backlog. Who is interested in time and America is ever named in a particular the Consumer Federation of America; backlog? Then there is the insurance lawsuit. Of course, Cornell University’s the National Conference of State Leg- company lawyer out there on the 20th most updated study shows that in the islatures; Public Citizen—I can go right or 30th floor, and the Persian rugs. He decades of the 1980’s, coming into the down the list. could care less. He gets his money. If 1990’s, there has been a decline of liti- Mr. President, I challenge the sup- the insurer can put the claim off and gation. There used to be what they porters of this bill to say what group, never pay it, at least when they do pay call, I forget now, but they had a panic other than the Business Advisory it, it will be in inflated dollars. The in- that they just had a plethora of suits. Council and Victor Schwartz, wants it. surance lawyers are the ones who are Actually under the Cornell study the I represent people in business, and I asking for continuances and motions suits have declined 44 percent. can tell you about the cost of it. and who call their secretary and tell The States have moved in. They have So the Senator mentions the cost. her to put 52 interrogatories in. Then, moved in a responsible fashion. And Then he gets into the amount of law- they get the discovery going. All they here we come—in the State of Arizona, yers. Since we are talking about the do is just sit there and answer the for example, they had a referendum on

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2352 CONGRESSIONAL RECORD — SENATE March 20, 1996 this. This bill abolishes the public vote of the people of Arizona. If that is not senatorial arrogance, if that is not congressional arroga

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2353 this. This bill abolishes the public vote of the people of Arizona. If that is not senatorial arrogance, if that is not congressional arroga

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2354 CONGRESSIONAL RECORD — SENATE March 20, 1996 this. This bill abolishes the public vote careful to talk about fairness and try- trade. Look at this, BMW taking Sen- of the people of Arizona. If that is not ing so long. You have two classes of in- ator DOLE through its new plant. It was senatorial arrogance, if that is not con- dividual parties: the CEO and the fel- there on account of free trade.’’ It was gressional arrogance, if that is not low who is working in the plant. The there on account of protectionism. Washington Government at its worst— CEO makes $5 million. Ask AT&T; I When we got voluntary restraints, that everybody’s campaigning on the stump, think the CEO got up to $16 million. If is how we got Honda, how we got Toy- Republican and Democrat, that we are he comes in and he gets an injury, he ota, how we got BMW. Who is kidding going to get rid of that kind of Wash- can get twice times the economic dam- whom? ington Government—if that is not it, I ages. So, if he is out for a year, he can When the distinguished Senator from do not know what is. get $32 million in punitive damages. Alaska, Senator STEVENS and I, put I could go on, Mr. President, into the But if the same fellow in the car that into the defense bill the Buy America matter of the bill itself. The very inter- is driving with the CEO—if the CEO provision on roller bearings, we got esting thing is that they are talking, will give him a ride—that fellow will Koyo and INF up in York County. That oh, so reasonable, about how they are only get $250,000 in punitive damages. is why they are there. Voluntary re- struggling and how it works and how Oh, boy, what a fair bill. It is so stud- straint agreements on steel, voluntary they have balance. I hope they do not ied, so nice, so pleasant. We have been restraint agreements with respect to use that word ‘‘balance’’ because I holding it up because trial lawyers semiconductors, Sematech, Hitachi. heard that in the caucus yesterday. have been bankrolling everybody, and You can go down the list, Mr. Presi- Balance, my Aunt Edith. This does not everything else of that kind. dent. Trial lawyers, protectionism. apply to the business of the majority of I wish this crowd would sober up and Competition is what America is inter- people bringing product liability cases. read this thing. You have the poor ested in at this particular moment, not Oh, no. Hum-mm. No. It does not apply women. You have two classes there. If the tort system being handled by the to coming back on punitive damages you have the breadwinner, the man in States, not term limits and all the and having a separate hearing nor to the family, he can get all his economic other fanciful games played in political joint and several liability. None of this damages and everything else, but she polls. They want America. They want balance talk is about pain and suf- can be expecting a baby and lose that this Congress to get competitive. fering, none of this at all— baby and never be able to produce a There is nothing wrong with the in- Oh, look through this obstacle course child again, but that is not economic dustrial work of America. The indus- they have here for the poor, injured damage, that is pain and suffering. So trial work of America is the most com- party. Not an injured business, no. there is going to be a separate hearing petitive. What is not competing is us United Airlines is looking at suing the there. up here, where we have a failed policy Dallas manufacturer, I take it, of the Mr. President, later, if the time per- of the cold war that we had to enact baggage handler out there in Denver. mits, I want to get to the uniformity trying to keep the alliance together. No. This bill will not apply to them. and the global competition that they Now with the fall of the wall is the That is a corporation. No, siree. That talk about, because with respect to, time to build up our economy. Now is military airplane that crashed—oh, say, the State of Washington which the time to go forward with the protec- boy, I think we have had 31 of those F– does not have punitive damages, this tionism that we have for the environ- 14’s in a period of a few months or law would not apply. To my State of ment that they are trying to get rid years. We put those planes on line 23 South Carolina that does have punitive of—clean air, clean water, proper trial years ago. That last crash killed, I damages, this law shall apply. They at the State level. think, two or three people on the I have to read aloud the seventh call that uniformity. They call that ground there in Nashville. No case amendment because I do not believe uniformity. under this bill. No case because they Interstate commerce is a many they have ever read it. You ought to have been exempted. splendored thing and the lawyers are see what it says. The seventh amend- You have to read this thing. I am bolixing it up. As for global competi- ment to the Constitution: proud to stand here and tell the truth tion—I have foreign industries coming In suits at common law, where the value in and expose this nonsense, this con- controversy shall exceed $20, the right of in like gangbusters. I have been in the spiracy, that has taken on, on the one trial by jury shall be preserved, and no fact hand, a political poll hot button issue, game at least 35, nearly 40 years. This tried by a jury, shall be otherwise reexam- that is a nonproblem, and expose the is why I challenged the distinguished ined in any court of the United States, ac- movement that is in behind it and con- Senator from North Carolina; I know cording to the rules of the common law. tinues and continues because who is his State; we compete together. We They have reexamined the amend- paid, when they talk about the trial have never had the blue chip corpora- ment in here where they say, ‘‘Mr. lawyers and being bankrolled, who is tions that we have today—I have Fire- Trial Judge, do not tell the jury about paid and bankrolling this? stone, several GE’s, I have several Du- that $250,000 cap, but if they come in, So you have two classes of injured Pont, American industries. Right here then you go and you factually proceed parties. If you are a business injured, in the last 2 or 3 months, we have in violation of the Constitution and do not worry. If you are instead an in- BMW, we have roller bearings, Hoff- come out with your trying of the facts dividual who struggles because you not mann-La Rouche, the most wonderful in your decision.’’ Come on. only have to get the investigation cost, pharmaceutical firm that you have They say now they have worked over you have to get your medical cost, you ever seen. Companies from every- the many years to pass a product li- have to get it all assumed by that ras- where—Hitachi, in the TV industry. ability bill, and the general aviation cally trial lawyer, and he is assuming I want to thank publicly the Wash- bill lets manufacturers sell airplanes the plat to be made, the diagrams, the ington Post for that Outlook article on that are working so well. Global com- photographs and everything else to Sunday. I have been trying to bring petition, we have to get into the global bring the truth to the 12 men and this trade issue to the U.S. Senate competition. I am going to write a fol- women on the jury and suffer all the now—this is the 30th year, this so- low-up piece for publication. Over half legal motions and everything else. The called protectionism. President Ronald of what is coming in here in imports is trial lawyers are bankrolling injured Reagan, under section 301, started mov- American multinational generated. We parties, for an average, I would say, of ing in these cases and got voluntary re- are competing with ourselves. The mul- anywhere from 11⁄2 to 2 years at least straint agreements. As a result of the tinationals that have lost their coun- on these cases. voluntary restraint agreements in try as far as business imports are con- If they do not prevail with all 12 or things like Sematech—protectionism, cerned have gone overseas and they are with the supreme court of the State on if you please—we are not only holding coming back in and the foreign enti- appeal, they are goners. They are gon- on to the old jobs but we are getting ties, foreign governments are coming ers. That has happened time and time new jobs. in here with a historic chant. It is dev- again. I remember the Republican primary astating our economy. Everybody can But you have two classes. There the campaign in South Carolina, when the see it but us politicians. Everybody can bill’s supporters have been very, very former Governor said, ‘‘Free trade, free see it but us politicians.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2355 It is a given in manufacturing that 30 Mr. ROCKEFELLER. Mr. President, I knows who to sue. Now, in an era of percent of volume is the cost of the em- thank the Senator from Washington. drugs and toxics—and we are seeing ployees, the workers; now we call them Mr. President, I am very happy that this, for example, in the Persian Gulf the associates. It is a given, further, the Senate, at long last, is taking this war with the so-called mystery illness, that you can save as much as 20 per- bill up. We have been here before; we which is no mystery to me, but what cent of sales volume by going to a low- have been here many times before. I seems to be a mystery to the Depart- wage country in manufacturing. wish we could have gotten here sooner ment of Defense—sometimes it takes 4 So if you have $5 million in a sales this year. Nevertheless, I am glad we or 5 years. Sometimes it takes 15 or 20 corporation you can keep your execu- are here. I think there is a natural years for a toxic or a drug to show up tive office, your sales force, but move tendency in Congress to wait until ab- as an injury. So then you know that solutely the last minute before impor- your manufacturing offshore to a low- you are injured. wage country and save $100 million, or tant decisions are made, and that is you can continue to work your own what we are doing again this time. But But under our bill, that is not people and go broke. That is not greedy so be it. enough. You have to know what the corporations. That is a stupid Congress I am here to report to my colleagues cause of the injury was so you know that allows that to happen. that the Senate product liability bill who to sue. Now, that is clearly If I ran a corporation and my com- has maintained the Senate’s standard, proconsumer, and those who are de- petition headed overseas and started which is products only. It has to be fending the status quo—that is, those cutting his costs that much, I am fair. It cannot include a whole lot of who oppose this legislation—wish forced to leave. We have a veritable extra things that the Contract With heartily to deny consumers that win- hemorrhage of industries leaving. I America wanted, or that others want- dow to get into the courthouse door. I pointed out that Baxter Medical that I ed, or, indeed, that earlier generations find that stunning. I find that, in many brought here years ago, with 830 work- within this body tried to add on to this ways, shocking. I am very proud that ers, has just gone to Malaysia. Sec- bill. It was always my intention—and we have that in our bill. retary Reich says, and the Congress it was always the intention of the Sen- Opponents of this legislation have, I says, now what we have to do is re- ator from the State of Washington—to training, retraining, retraining. Come keep this bill disciplined, on products believe—and this has been true in the on. I have skilled training coming out only, not to expand and include all past—used gross distortions and out of my ears. We can train them to do kinds of other subjects, so that we and out misstatements about this bill anything. We do not need a Federal could keep faith with our colleagues. I to try to suggest that it has been sig- program. We have BMW without a Fed- believe we have done that. All of this is nificantly changed from the Senate- eral retraining program, and all these now embodied in H.R. 956, the common- passed product liability bill. We are other industries. sense product liability legal reform spending our time running around tak- But assume they are right and they bill. ing examples, which are patently false, are retrained into wonderful computer I am enormously proud of the fact which have been raised as though they operators, 830 of them, the next day. that the Senate really does want to see were patently true. That is not a dis- The average age is 45. Do you think meaningful product liability reform, to tinguished aspect of Senate life on this they will hire the 45-year-old computer fix our broken products system. Most bill. operator or the 25-year-old? With the of those on the other side of the aisle The fact is that this report is vir- cost of retirement, with the medical feel that way. There is a merry band of tually identical to the Senate bill in costs and everything, the answer is ob- us on our side of the aisle who feel that every single respect—virtually. Sen- vious. way, and we have for a long time. ator GORTON and I, in what I thought We can announce to our colleagues What we are dealing with here is not was a rather extraordinary colloquy that we have done what we promised a cost of doing business. I am identi- from the floor, delivered on our blood we would do—hold to the Senate posi- fying our injury. Our injury is the fail- oath, in which we both said that if we tion in virtually every respect, to pre- ure to, as Lincoln said, ‘‘disenthrall’’ did not deliver on this promise, we ourselves from free trade, free trade, serve the balanced, reasonable Senate would vote against proceeding to the free trade. There is no such thing as product liability reform provisions bill or vote against the bill; and that free trade. In the 1930’s, we had recip- that will provide Federal uniformity to was that we promised to delete the pro- rocal trade, and tariffs as the instru- the hodgepodge of State laws, which vision providing a defendant with a mentality—protectionism. Everybody deal with product liability today. This wants to flatten the income tax—flat will improve the product liability sys- right to a new trial under the ‘‘addi- tax, flat tax, flat tax, is something else tem for consumers and for business tional amount’’ provision. That was an going on. Well, we lived on tariffs and alike. issue. We pledged to remove it. We did. protectionism from the beginning of There is a feeling sometimes in here We also took the House timeframe on the republic up until 1913. A country, that the bill has to either be just for the statute of repose. That was the one an economic giant, built on protec- consumers or just for business, and change that we made, maintaining the tionism. But they are all running that you are over here or you are over Senate bill’s limited scope, impor- around here like children and hol- here. This bill is trying to reach to tantly, to durable goods in the work- lering, ‘‘Protectionism, protectionism, both sides. We do some things to help place. free trade, free trade. Product liability manufacturers, and we do some things Now, again, some of the distortions is such a weight on doing business.’’ to help consumers. That was the being used are that by reducing the And all of the business statistics, find- point—to make it a balanced system. statute of repose, which was the only ings, insurance company results and The statute of limitations is one that area in which we gave the House what everything else of that kind show oth- occurs to me mightily. California, for they wanted—we gave them the 15 erwise. example, has a 1-year statute of limita- years, but we did not give them what I reserve the remainder of my time. tions, and that means, in California, I they really wanted. They wanted this The PRESIDING OFFICER (Mr. presume—and I am not a lawyer—that to include everything, not just durable THOMAS). Who yields time? if you are injured and wish to sue, you goods in the workplace. We maintained PRIVILEGE OF THE FLOOR have 1 year within which to do it, and the Senate position even on that. Mr. GORTON. Mr. President, I ask after a year is passed, you cannot sue. unanimous consent that Craig Wil- I consider that to be anticonsumer, and Beyond that, no substantive changes liams, a fellow on the staff of Senator I consider those who are defending the were really made. Technical and con- MCCAIN, be granted the privilege of the status quo to be defending an forming drafting changes were made, floor during the Senate session today. anticonsumer position, which is, in as in any report of this sort. But that The PRESIDING OFFICER. Without fact, virulently anticonsumer. is it. That is the sum of the changes objection, it is so ordered. Our bill says that one has the right from the Senate-passed bill, no matter Mr. GORTON. Mr. President, I yield to go 2 years after one discovers, first, what the opponents of the reform will to the Senator from West Virginia such that one is injured and, second, what assert, and will assert this day. My col- time as he may desire. the cause of the injury was, so that one leagues need to know that, and they

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2356 CONGRESSIONAL RECORD — SENATE March 20, 1996 should be reassured that this means that the product liability report is yet one more opportunity to go on record in support of modera

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2357 should be reassured that this means that the product liability report is yet one more opportunity to go on record in support of modera

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2358 CONGRESSIONAL RECORD — SENATE March 20, 1996 should be reassured that this means tentionally trying to confuse harm from three States—California, Texas, that the product liability report is yet caused by a product—that is, harm and Alabama. Why is that? Probably one more opportunity to go on record caused by a product which is covered in because of something called forum in support of moderate and beneficial the bill—and harm caused by the prod- shopping. Because we have so many dif- reform of our product liability law. uct’s use by a person, or persons, which ferent laws—51 different laws—people Senator GORTON has gone through, is not covered in the bill and remains can simply try to find the place which and will continue to go through, a de- totally subject to existing State law. is most effective for their particular tailed legal analysis for the minor Specifically, for those inclined that case, and there they go. So this is not changes that were made, conforming way, section 101(15) and 101(a)(1), defi- a one-way preemption. changes. He will also rebut—certainly nition of ‘‘product liability action,’’ in- Fact No. 10: On joint and several li- better than I—the outrageous claims cludes only ‘‘harm caused by a product, ability—there has been a lot of talk that are being circulated by the oppo- not use.’’ That is an enormous dif- about that and this is an extremely im- nents of the reform. I heard them in ference. portant issue—30 States have modified the Democratic caucus yesterday, and I If I have leased a car and then joint and several liability at this point. am sure I will hear them on the floor stopped off at several bars and become The Federal proposal follows the Cali- today. However, as coauthor of the drunk and then cause damage to some- fornia law affecting only noneconomic Senate product liability bill, I would body, I, as a person, can certainly be damages. It is interesting on this like to go on record with my own anal- sued, but the use of the car, if the car point; the States clearly recognize that ysis of the opponents’ wild claim about is not defective, is not actionable under there are things they want to change the report. It is not in legalese because this bill, nor should it be, because this in joint and several liability. Twelve I am not a lawyer. But it is in English. is a products-only bill. It is the prod- States have eliminated joint liability I want this RECORD to reflect what is ucts we are talking about, not the use, altogether. Two States have eliminated actually in the bill, rather than what or the user. joint liability for noneconomic dam- the other side will, as I have said, con- Fact No. 6: In all States that permit ages. That is California and Nebraska. tinue to misinform Members about dur- punitive damages, they will continue Ten States have otherwise limited the ing this crucial debate. to be available and the additional availability of joint liability as to non- There is a lot of confusing misin- amount provision—we used to call that economic damages or damages gen- formation being circulated. Here are judge additur, but we now call it addi- erally, with the result being it is sig- the facts. tional amount provision—will apply in nificantly less likely that noneconomic Fact No. 1: There is no cap on eco- all those States regardless of whether damages would be subject to joint li- nomic or noneconomic damages—no caps are higher or lower in that State. ability. Three States have eliminated cap on economic or noneconomic dam- Fact No. 7: Tolling, this was raised in joint liability in cases in which the ages. Claimants will continue to be our caucus yesterday; it has been plaintiff is negligent and five States able to recover whatever they are raised since. Tolling of the statute of have capped awards of noneconomic awarded in a court. limitations will be covered as they are damages. In all, 30 States have done Fact No. 2: The statute of repose re- now by applicable State and Federal this, and these include 8 of the 9 larg- mains limited to durable goods in the law. For example, for those so inclined, est States in the Nation. workplace only—only. Statements see 11 U.S. Code 108(c), ‘‘automatic toll- For the remainder of my time I wish being made that they now cover all ing in bankruptcy cases.’’ to remind my colleagues and whoever goods are wrong. Nothing in the bill, Mr. President, or else might be listening why some of us Fact No. 3: Product sellers, lessors, omitted from the bill, will change have wanted so much to act on this or renters will not be protected from State law on tolling. That is a fact. legislation and to outline the oppor- negligent liability. That is precisely Fact No. 8: State law will continue to tunity that this reform in fact holds why the negligent entrustment excep- control whether or not electricity, for this country and for our people as tion was moved to the product sellers’ steam, et cetera, is considered a prod- consumers and as human beings. section of this bill. uct or not. Product liability reform has a very Fact No. 4: Dow-Corning and other Fact No. 9: This is not a one-way pre- long history in the Congress. Members companies who made, or make, breast emption bill but a mix of State and in both Houses and on both sides of the implants will not be shielded from li- Federal rules, as it ought to be, in a aisle have been trying to reform the ability—will not be shielded from li- bill which is moderate. Products are in product liability rules for over a dec- ability. We went through this last interstate commerce—we have said ade, in fact for substantially longer year, and groups, in particular, wom- this over the years so many times—70 than that, and we have done it for the en’s groups, gave impassioned, very percent. There was a day when things most part by working together, Repub- emotional press conferences in which that were manufactured in California licans and Democrats. No matter what they said they would be included and were probably sold in California for the anyone says to try and hone this issue that they would be shielded by this most part. Today, on a national aver- as truly partisan or divisive, the idea bill. It was not true last year. It is not age, 70 percent of all things that are of product liability reform is a legisla- true this year. Whether or not they manufactured are interstate and are tive idea with a complete, thorough, supplied the silicon, they remain as sold outside the borders of that State aboveboard, open, and honest history liable as any other manufacturers who and thus are in interstate commerce, of hearings, of markups, of floor de- produce a defective product, if they do. and they should be subject to more uni- bate, of cloture votes, and everything Fact No. 5: And this is very impor- form rules for business and consumers. and anything else that one could call tant because this involves a subject Let me just say again, as I did last the way to legislate. which has struck a number of people on year, that the European Economic Yes, we have been persistent, those of my side of the aisle deeply, and it has Community—which is close to 400 mil- us who want to see this law enacted. to do with a letter that Mothers lion people and an enormous compet- We have been dogged. We have been fo- Against Drunk Driving—obviously an itor for the United States of America cused because we think this country incredibly excellent and wonderful economically—all 13 countries have a and its people need the change. The group—have circulated. But we have single product liability law, a uniform status quo is hurting American work- been trying to reach them to get them product liability law—all 13 countries, ers, American business, American con- to make a retraction because they have not provinces within those countries sumers, and American competitiveness. made a mistake. It is a mistake which but the whole country. When products by definition cross has been persuasive, unfortunately, to Japan has just adopted a uniform State lines—at least 70 percent of at least two Members on our side that product liability law, a law uniform for them—it makes no sense, absolutely no I can think of. the country, but we have 51. We have 51 sense for product liability rules to be I repeat, drunk drivers, gun users, et different laws. For example, in the case different in all 50 States, which they cetera, will not be protected from li- of punitive damages, I think about 80 are—50 different sets of rules. It breeds ability in any way. Opponents are in- percent of all punitive damages come unpredictability, delay, confusion, and

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VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2360 CONGRESSIONAL RECORD — SENATE March 20, 1996 unfairness that hurts everybody, not just businesses being sued but people, too.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2361 unfairness that hurts everybody, not the United States voted to support that that my colleagues know how hard I just businesses being sued but people, position. have fought to stay within these pa- too. Last August, the Economic Strategy rameters. Senator GORTON and I introduced a Institute, the organization headed by Now we are voting on the conference bill last year, once again to reform Clyde Pressler, with whom I believe the report that produces the product liabil- product liability. And I have to say I Senator from South Carolina generally ity reform the Democrats and Repub- have enjoyed enormously a true part- agrees, and a voice for tough action on licans in both Houses have toiled in the nership in spearheading this effort with trade and other areas, issued a report vineyards to achieve these many years. Senator GORTON. Because I said every- called—and this is not what I would At a time when America clearly faces thing good I could think of last year call the best title I have ever read in threats to our jobs and economic and ran out of the English language, I my life, but it is called ‘‘Tortuous Road growth across the world, where they do can simply thank him once again for to Product Liability Reform.’’ not have the same maze of conflicting his legal acumen, extraordinary integ- To paraphrase, when the institute laws, we should do everything we can rity, and extraordinary sincerity in issued the findings of its recent re- to suit up, not surrender. Consumers trying to enact reform. search, it said that America’s unique should not have to bear the costs of ri- Different legislation was passed in approach to product liability has diculous delays or be denied the break- the House earlier in the year, as people brought enormous and growing costs to through drugs or other innovations know, and fortunately one part of it the resolution of disputes, and the that the current system scares off. was product liability reform. In the costs are borne by consumers and U.S. So I think this conference report, in discussions, many of my colleagues in business alike. concluding, Mr. President, has earned the House and some in the Senate deep- It goes on to say that costs are eat- the votes of those who support mean- ly wanted to pursue nonproduct liabil- ing up money that could be spent on ingful product liability reform in good ity legal reforms—nonproduct liability wages, on research and development, faith, those who sincerely mean it. The legal reforms, all kinds of ideas—mak- on training and other investments to final decision, of course, is the Presi- ing it available to all civil torts, put- be competitive with the rest of the dent’s. He said he is going to veto it. ting it on medical malpractice, which I world where our principal economic op- Having so said, obviously, he has a personally favor but which has no place ponents have adopted uniform product chance to hear this debate, to rethink in a products bill. This is a products liability standards. The institute’s re- his position, and to change his position bill. The problem was that the Senate port underscores that product liability itself and, in fact, to sign the bill. He did not have companion legislation to reform would significantly benefit con- could still do that. consider or to conference on the sumers and business. As I have said, I hope he will take House’s ideas for malpractice reforms I think everybody knows that I obvi- that time and see this vote as a reason or legal reforms beyond product liabil- ously am disappointed by the Presi- to reconsider his position. ity. While I am not opposed to looking dent’s recent statements indicating I thank the Chair, and I yield the at other kinds of legal reforms, I be- that he intends to veto this report, par- floor. lieve I owe it to my colleagues to ticularly when the administration The PRESIDING OFFICER. Who whom I and Senator GORTON and others issued a statement by the President on yields time? have made this pledge and to the legis- May 4, when the Senate was debating Mr. HOLLINGS. Mr. President, I lative process to have the Senate first amendments to expand our product li- yield 25 minutes to the distinguished take up legislation through the rel- ability reform bill, that concluded with Senator from Alabama. evant committees and the regular proc- the final paragraph which I think The PRESIDING OFFICER. The Sen- ess. shows how much consensus we have ator from Alabama is recognized for 25 The history of product liability re- managed to develop over the years on minutes. form legislation makes it obvious that the point that action on product liabil- Mr. HEFLIN. Mr. President, Senator it is still a very contentious subject, ity is needed. It said in that statement, ROCKEFELLER, I am sure, has endeav- and I always say to my good friend, ‘‘The administration supports the en- ored to live up to his commitments to Senator HOLLINGS, that I do not like actment of limited but meaningful not expand the conference report, to disagreeing with him on anything, on product liability reform at the Federal the best of his knowledge, but being a anything, but I think there is an im- level. Any legislation must fairly bal- nonlawyer, I am afraid some of his ad- mensely compelling, urgent, and clearance the interests of consumers with visers who are writing it did not ex- cut case for product liability reform. those of manufacturers and sellers.’’ plain to him the vast expansion of this Senator GORTON and I introduced a It was this President who just 2 years report over what the Senate passed be- bill that is bipartisan, moderate, bal- ago signed legislation providing the fore. There are numerous changes, sub- anced, and focused as a way to begin American aviation industry and its tle changes in many instances—for ex- fixing the problems in the product li- consumers with provisions very much ample, the changing of the word ‘‘and’’ ability system. The report is in essence like what is in the current report for to ‘‘or,’’ which greatly expanded the the same bill with improvements sug- product liability reform. That bill, the bill. gested by the administration—I repeat, general aviation bill, thoroughly de- The proponents are referring to the with improvements suggested by the scribed by Senator GORTON, has helped various special interests who have con- administration—and others interested the small plane industry make a major cerns about this legislation. You know in getting responsible product liability comeback since its enactment, and the to whom they are referring—trial law- enacted into law. Even the National President when he signed it said he felt yers and advocates on behalf of the Governors’ Association, usually the that this would create many, many American consumer. But there are a most insistent that the job should be jobs for Americans. The President was lot of other special interests that are left to the States, which we have seen correct then in arguing for reform, and involved, particularly those who have in Medicaid and welfare reform and I hope, hope and hope and pray, that he been endeavoring to save money and to many other things, even in these last will seize the opportunity of moderate, make a bigger profit. In that category 10 months, has said in formal resolu- balanced reform that our conference could be many elements of business tions that ‘‘uniform standards’’ are report presents to him now. from manufacturers to wholesalers, needed in product liability. They have Mr. President, I believe this con- distributors, retail sellers and also in- so said. One of those resolutions was ference report is the legislation the cluding the insurance industry. These passed. President was calling for last May. I can certainly be called special inter- In fact, the original task force on truly believe that it is. I consulted ests. product liability—one of the members with the administration every step of This report’s section on punitive was then Governor Bill Clinton, and he the way during this long process to damages has, with regard to small was the leading force at NGA—had a meet its parameters and those of many businesses, a provision about ‘‘the less- unanimous report in favor of uniform of my Democratic colleagues. I felt an er amount’’ and therefore providing a standards and twice the President of obligation to so do. I think and believe maximum cap on punitive damages of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2362 CONGRESSIONAL RECORD — SENATE March 20, 1996 $250,000 if a business has less than 25 poison, but that breathing it, is unlike sion in the Senate-passed bill that said employees. I doubt if there is any com- poisons like chlorine or benzene. They that the limitations of this bill shall pany that has 25 employees that does say that asbestos is simply a rock fiber not apply to any suit brought for neg- not carry substantial excess liability and asbestosis, the most prevalent as- ligent entrustment. The Mothers insurance over and above $250,000. Most bestos-related disease, is caused not Against Drunk Driving had insisted businesses carry liability insurance in from toxic interaction between the as- that that provision be in the Senate large amounts, and the relationship of bestos fibers and cells but, instead, be- bill. That is where you have the State employees to the policy of insurance cause the needle-like asbestos fibers dram shop laws, where liability is pro- that is carried, that protects them, is pierce and destroy air sacs in the vided where tavern or bar owner sells not really germane at all. lungs. whiskey to a minor or to a drunk who The conference report is greatly ex- It takes generally 15 or 20 years of then drives a car under drunken condi- panded by lowering by 25 percent, from exposure to asbestos material before tions and kills an innocent victim. 20 to 15 years, the statute of repose. the disease develops. But under the Under the Senate-passed bill, a defend- For example, the statute of repose will statute of repose, you do not have a ant was not provided with the limita- apply to a bridge. Most contractors’ right to bring any suit. You are forever tions of this bill such as the caps on negligence and the defects in the pro- barred from bringing a suit after the punitive damages. But now a defendant duction of a bridge do not occur during passage of 15 years from the date of de- could come within the limitations con- the first 5 years, 10 years, or even 15 livery to the first purchaser. tained in the conference report. Gun years of a bridge’s use. A defect in a Now tell me this is fair. This, to me, dealers, who have been subject to neg- part or component product of a bridge is a great expansion of the conference ligent entrustment actions on the manifests itself by a bridge collapsing, report from the Senate-passed bill. But State level for selling guns to known or giving way after a period of time in let us look at some of the other expan- incompetents or criminals, would now excess of 15 years. sions in this report. benefit from the subtle change between The report has a change of a slight Under the definition of the term the Senate-passed bill and the con- word about a standard of liability ‘‘products,’’ it is anything that is used ference report which is now before the in the construction of a bridge under other than negligence. For years and years, product liability bills have ex- Senate. this bill, and there are many compo- The negligent entrustment provision cluded natural gas and electricity, but nent products that are manufactured was moved from one place in the Sen- this report comes back from conference for the purpose of lasting many, many ate-passed bill to another place in the with a change in language providing years. conference report, and this subtle that if natural gas or electricity is sub- So, as we see in particular moun- change allows defendants in negligent ject to a different standard than neg- tainous areas where bridges span big entrustment actions to avail them- ligence, then it is subject to all of pro- gaps, or cross between mountains, you selves of the limitations in this con- visions of this legislation—this is a will have a real danger after 15 years of ference report. The Mothers Against a collapse and under the statute of vast expansion. Now, natural gas and electricity are Drunk Driving are utterly opposed to repose of 15 years, an insured person or looked upon, in practically all States, this report and are urging Senators to his estate is outright prohibited from to be highly dangerous and are subject vote against cloture. bringing a suit to determine fault. to laws that say that if they are sold, Then there is the issue of the statute Also, consider that it is 15 years from the producer and seller must be held to of limitations of 2 years where a court the date of the delivery to the first the highest standard of care in order to orders an injunction, like a company purchaser that the statute begins to protect the public. But the conference goes into bankruptcy and you, there- run. There are many consumer items, report contains an expansion for the fore, are enjoined by law from filing a products that are delivered to the first first time in about 18 years. Was this product liability suit. Under the bill purchaser, which is not the consumer, merely an inadvertence or was it in- that was passed by the Senate, that that may stay on the shelf 2 or 3 years. tended? time did not count—the statute of lim- What do we have? The statute running Natural gas is odorless, and pro- itations was suspended or tolled. It even sooner against unwary consumers. ducers have to add a fluid to it for peo- said that that time did not count on We should also consider workplace ple to smell it in order to detect it. It your statute of limitation running of 2 products and their safeguards that are is generally referred to as ‘‘skunk years. supposed to protect innocent workers. juice.’’ But if somebody fails to add it But, by sleight of hand, it is removed What you protect is a person, a farmer or fails to put the proper amount in from the bill and it is no longer there. from losing a hand in a corn machine, and a devastating accident occurs, are The President, in his veto message that which harvests corn. Or you can have those in the production chain allowed he sent, points that out. I had read the any type of other situations where to reap the benefits of this legislation’s bill, and I had not discovered that. I there is an absence of or defect in safe- protections, say, as to the caps on pu- went back and read it again, and I saw guards associated with machinery. I nitive damages? Is that not a great ex- how craftily that had been omitted have charts to show the various items pansion of the conference report? I just from the conference. So, therefore, if of where safeguards are left off. Con- wonder how many homes are heated your company goes into bankruptcy, sider a plastic injection molding ma- with natural gas, and there is a par- there is an automatic stay against chine or a tractor, manufactured more ticular case that just occurred re- being able to file a civil suit. There- than 15 years prior to the accident cently, a Seminole natural gas case out fore, that provision that gave you pro- where a 34-year-old person was killed, in Texas where there was an explosion tection against the running of time is and where the manufacturer failed to and three people were killed and many removed. equip it with rollover protection sys- were injured. Punitive damages were I mentioned a definition of durable tem. Consider a punch press which awarded by a jury. goods, how the adding of a ‘‘comma’’ in lacked guards and safety devices. All of Obviously, that brought to mind a the durable goods section now brings in these items illustrate how an innocent very crafty, highly intelligent drafter, many, many household goods—baby person could be adversely affected by who now says we can take care of simi- cribs, lawn mowers, razors, electric ra- the 15 year statute of repose contained lar situations by a little sleight of pen zors that are used—any type of thing in this conference report. and make these type of these cases that has a projected life of 3 years is Then the statute of repose has some come within the ambit of the bill. I am now in it. Before in it, it had to be re- language that says ‘‘not caused by a sure that the distinguished proponents lated to a business. No longer does it. toxic material.’’ The issue arises in re- of this legislation did not realize or But it includes household goods that gard to whether or not, for example, never were told about this particular are there. asbestos is a toxic harm or toxic mate- change, but it greatly expands the bill, There is another change about reme- rial. There are various and sundry peo- make no mistake about it. diation relating to Superfund in re- ple who would say a position can be Consider the provision regarding neg- gards to the environment. I am not taken that asbestos is not a toxin or a ligent entrustment. There was a provi- sure that I understand it, but it was

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2363 changed for some reason. The conferees questioning of all the trial lawyers, rial suppliers, giving a complete immu- did not make these changes unless they therefore it gives you an opportunity nity or bar to suit to such suppliers. I are trying to give some sort of protec- not to just maybe address one issue or wish I had time to go into all of that, tion to some company. two issues, but it addresses all of these and I urge them to review title II care- Another change to me that was un- issues that you have lost cases on. So fully. I urge that my colleagues vote usual was the conferees changed the therefore you want to protect the in- against cloture on this bill. name of the bill. When the bill was in surance company and you start adding The PRESIDING OFFICER (Mr. the Senate and passed the Senate it and adding. ASHCROFT). The Senator from Wash- was called the Product Liability Fair- I think there is also the question of ington. ness Act of 1995. I made a speech about fairness where the issue of a separate Mr. GORTON. I yield such time as it and said that was the biggest mis- trial on punitive damages is requested. the Senator from Connecticut desires. nomer and pointed out the unfair pro- If a separate trial has been requested, Mr. LIEBERMAN. I thank my friend visions. For example, business can sue it is automatically granted. But the re- and colleague from the State of Wash- for commercial loss, and they are not port says you cannot show the conduct ington. subject to these provisions. The report of the defendant which exhibits a con- Mr. President, I rise as an enthusi- exempts business in their suits against scious, flagrant indifference to the astic supporter of the conference report each other. But they contain provi- safety of others. That is the standard accompanying H.R. 956, called the sions that it would apply to individ- in this report that allows for punitive Commonsense Product Liability Legal uals, to injured parties. But if you are damages. Reform Act of 1996. In this case, it is an injured business, you can sue for A claimant cannot show that type of not just a title. This bill is full of com- loss of profits, you can sue and are not conduct in the trial in chief for common sense. It is reform. This is a mod- subject to the bill’s limitations. pensatory damages—that is the trial erate bill. It is a thoughtful bill. It re- For example, you have a statute of for economic nor noneconomic dam- flects compromise. It reflects years of limitations for 2 years here, while in ages. Remember noneconomic damages effort to solve a real problem. most States the statute of limitations, include pain and suffering that may be Sometimes when we get into the under the Uniform Commercial Code, is caused by conscious, flagrant indiffer- back and forth of the arcane legal con- anywhere from 4 to 6 years, just for ex- ence to one’s safety. Is that fair to a cepts involved here, we may lose sight ample. Business suits are not subject person who has been badly disfigured, of the fact, as Senator GORTON pointed to it. Yet the biggest verdicts that scarred, or suffered a loss of limb by a out in his excellent opening statement, have been rendered relative to punitive product whose manufacturer knew of and Senator ROCKEFELLER, there is a damages are business cases. Pennzoil its defect but refused to take steps to real problem out there. Our tort sys- versus Texaco and so on. But anyway recall the product. tem, our system for compensating the proponents changed the name to I would like to give this illustration those who were injured as a result of the Commonsense Product Liability of commercial loss. There are two com- other’s negligence, has gone off the Legal Reform Act of 1996. mercial airplanes, one of them Delta, I just do not believe that it is com- one of them American. They collide track. People in this country know mon sense or fairness either way. I and we will just say here, for a hypo- there is too much litigation. People think it is a misnomer. Is it common thetical viewpoint, the American is at know that they are not benefiting from sense to include governmental entities, fault. The passengers that are killed in it. They are actually paying more for it the Department of Defense, the GSA, any one of them are subject to the lim- in higher consumer prices and lost op- and subject them to the provisions of itations of this act. But Delta can sue portunity for jobs and lost opportunity this, but not subject business by allow- for the loss of profits which are not to use new products that require some ing them to be able to sue for their limited and can have a different stat- risk. People in this country, busi- commercial losses? But does it make ute of repose or statute of limitations; nesses, are afraid to take that risk. common sense that in this time of defi- it can sue with no limit on punitive Why? Because they are worried about cits where we are trying to reduce Gov- damages for their commercial loss rel- being bludgeoned by a lawsuit, regard- ernment spending, to put the Federal ative to this accident. less of whether they are negligent or Government at a disadvantage as re- But the passengers are limited under not. gards this bill? the provisions of this report. Is it fair I have to tell you when I was attor- The Department of Defense has heli- that businesses have a double stand- ney general of the State of Con- copters, tanks, trucks, et cetera. Al- ard? If it is good for the goose, it ought necticut, I was involved—and my friend most all products that the military to be good for the gander. But why do and occupant of the chair may have buys are built with the idea of having the proponents exclude civil actions for gone through the same experience—I a long life. commercial loss? That shows how one was at a national meeting of the attor- But does it make common sense, in sided this legislation is. neys general. I recall voting for a reso- these days, to have the Government The PRESIDING OFFICER. The Sen- lution that spoke out against product subjected to the statute of repose of 15 ator’s time has expired. liability reform. I did not know much years? Does it make sense, in these Mr. HEFLIN. I ask unanimous con- about it. We were oriented in a dif- days of where we are trying to take sent for 2 more minutes. ferent direction. I started going around care of local governments and not to The PRESIDING OFFICER. The Sen- the State of Connecticut. I made it a have unfunded mandates, to impose ator is yielded 2 more minutes, if there practice to visit businesses, particu- this bill’s limitations upon govern- is no objection. Without objection, it is larly small businesses in the State. mental entities? so ordered. People out there are the heroes. They Does it make sense, common sense, Mr. HEFLIN. If that plane falls on are out there, day in, day out. They are to allow them to not subtract time Yankee Stadium, and has killed or in- not making big money. They took a from bankruptcy from a statute of lim- jured people—they are bound by the risk. They are working hard. Maybe itation? Does it make common sense limitations of this act. But the owner they have 10, 20, 30, 40, 50 people, maybe not to show in a trial in chief that the of Yankee Stadium can sue for the loss a few more, in their business. engineer who designed a railroad bridge of profits due to the destruction of his I am interested always in knowing, was a known alcoholic, and the com- grandstand. None of the provisions per- how did you get started? How did you pany knew it, and they still did not tain to him. raise the money to get into it? How are take steps to review his works, and a So this is a grossly unfair bill, and it you doing? What can I do to help you? bridge on a railroad collapses? I mean, does not make common sense. The con- Over and over again, right there at the let us go down the list relative to com- ference bill greatly expands the Senate top, one, two, or three, ‘‘Do something monsense matters. passed bill. It is extreme in its provi- about all this litigation. We are con- But this idea of fairness is a smoke- sions. It denies an injured party rights. stantly being sued, and even though we screen for patent unfairness. When you It is particularly harmful to women in are not negligent we have to pay so get movements, say, started, and the title II’s provisions regarding biomate- much money to lawyers.’’ Or, ‘‘We get

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2364 CONGRESSIONAL RECORD — SENATE March 20, 1996 frightened because they come after us possible in the conference report they State judges in product liability cases, not just to pay the cost of an injury, brought up, because the House yielded including breast implant cases, to toll medical, lost wages, et cetera, but the to the Senate on almost every pro- the statute of limitations, to stop it intangibles of pain and suffering, or so- posal, every measure, every item in from going while the bankruptcy pro- called punitive damages which go well controversy. ceeding is going on. Finally, to the ex- beyond the specific injuries suffered. What now do our colleagues, Sen- tent that any claims are filed after this Please help us with this.’’ That is how ators GORTON and ROCKEFELLER, face? bill becomes law, it would have no ef- I got into this battle. Last-minute concerns, distortions, new fect on the overwhelming majority of It seemed to me this was a real prob- arguments. I would not blame these those cases, for the following reasons: lem. There is a real problem out there. two warriors if they were dispirited. I The bill that comes out of conference is admire them for not being so. Unfortu- First, Dow Corning was the origi- a real commonsense solution to that nately, it is what we have come to ex- nator and largest single manufacturer problem. It puts some very moderate pect in these debates. The hostile fire of breast implants. The biomaterials limits and lines and parameters on the keeps coming in from every different title explicitly preserves the liability existing system. It does not deny an in- direction. It is like having a shot fired; of manufacturers and sellers of im- jured plaintiff the right to recover any it is defended against; another shot plants like Dow Corning. wages lost, any medical expenses; in- fired on another perimeter; it goes on In other words, if you are claiming to deed, even the so-called noneconomic and on. It is meant to blur over the be a supplier but you are actually a intangibles of pain and suffering, loss basic requirement for this bill, and the manufacturer or seller, there is no proof consortium, et cetera. What it does, basic moderation and common sense of tection under the bill. basically, is to say in the category of the bill before the Senate. Second, the provision has no rel- punitive damages, punishment, I guess Mr. President, I have a particular in- evance to litigation in which claimants created at the outset for probably a terest in title II of this bill, the so- good reason, which was to add to this called biomaterials provision. It is al- are seeking to impose liability on Dow civil justice system some sort of extra most identical to a bill that I was Chemical and Corning Corp., the two punishment to a truly negligent pro- proud to cosponsor and introduce with corporations that own Dow Corning, ducer of a product, to get that person our colleague from Arizona, Senator since neither was a biomaterial sup- not to do that anymore. It is almost a MCCAIN, in 1994. We reintroduced it in plier under the title II definition of a kind of criminal penalty; in fact, it is 1995. Happily, the Commerce Com- supplier. To my knowledge, no one has quasi-criminal. mittee incorporated the bill into the argued that they were biomaterial sup- What has happened with this presum- conference report on product liability pliers. ably well-intentioned concept of puni- early last year. Third, while Dow Corning invented tive damages, it has become a club held Mr. President, among the attacks silicone breast implants and was the over the head of defendants, worried that have come up here at the last single largest manufacturer of them, that juries may come in with multi- minute as we come close to finally they also sold silicone gel to other million-dollar verdicts. So they settle doing this after 18 years, now, that we companies that manufactured breast regardless of whether they are neg- have been working at this. I make ref- ligent or not. So it is a limitation of implants. Those companies, generally, erence to the Bible. I hope we are not are the large pharmaceutical and man- the greater of $250,000, no small going to have to wander for the 40 amount, or twice the compensatory ufacturing companies. Many claims years the children of Israel did before have been made against them, and the damage that is economic and non- they got into the promised land. I am economic as we have talked about— biomaterials provision will have abso- looking at my colleague and dear lutely no effect on those claims. that is the basic limit on punitive dam- friend, Senator GORTON, he deserves ages that this bill provides. Very mod- better than that. Here we are, close to Now, what if a raw material supplier erate. this vote. We look like we have worked knew the product might harm the per- Senator GORTON and Senator ROCKE- out a very sensible bill and now new son in whom the medical device was FELLER have spent the 9 months since crossfire comes in after this proposal implanted? Will that person be let off? the Senate passed this bill, saying has been up for years. I want to answer No. Biomaterial suppliers who sell raw ‘‘No’’ to just about everyone who a few charges raised against the biomaterials or components they know sought to change the bill passed on the materials provision. are going to hurt somebody will find no Senate floor last May. They said ‘‘No’’ In the middle of last week as the protection under the biomaterials pro- to Democratic Senators; they said, final conference report had been under visions of the bill. If the raw material ‘‘No’’ to Republican Senators, and they discussion for months, was being com- supplier knows its material will cause said ‘‘No’’ to the House conferees. What they have produced is a bill pleted, we are suddenly confronted harm, and fails to disclose it, that sup- that is remarkably similar to what the with claims that the provision would plier cannot be said to be providing the Senate passed last year with over- ‘‘devastate the chances for recovery,’’ product described in the contract be- whelming Republican and Democratic of claimants in the so-called breast im- tween the manufacturer and the sup- support. Frankly, Mr. President, I do plant cases; that those claimants then plier because it departed so substan- not understand why anyone who voted presented proposed amendments to fix tially from the expectations of the par- for this bill last May will not vote for the allegations that there were prob- ties. That, too, in the legislation before cloture and vote for this bill today lems in the bill. Of course, we have also us, is an exception from the general when it comes up. seen some extraordinarily active lob- protection offered to suppliers. They Senators GORTON and ROCKEFELLER bying on behalf of those suddenly ur- are not protected if, in fact, they are deserve our thanks, but to speak in gent amendments. manufacturers, if, in fact, they are sup- much more tangible terms—they de- Since so much confusion and concern pliers, and if they breach the specifica- serve our votes this afternoon to break seem to have been generated as a re- tions of the contract with the manufac- this filibuster. They have spent these sult, I want to respond. First, the prod- turers or the description of the product many months in the disagreeable posi- uct liability bill and the biomaterials as certified by the FDA. A supplier who tion of saying ‘‘No’’ to so many, spe- provision is prospective. It does not go provides a product that does not meet into effect until it is enacted. cifically so that Senators who voted for contract requirements, or these speci- the Senate bill last May—we under- The bill only applies to civil actions filed after it is adopted. It would have, fications, is not eligible for protection stood the margin was not greatly over under the provision. the 60 votes required to break a fili- therefore, no effect on the thousands of buster. Again, not 51 for a majority, breast implant claims already filed, We have tried to construct a liability but 60 to break a filibuster. They kept pending—no effect. It would have no ef- scheme where suppliers would have saying ‘‘No’’ so that the 60-plus votes fect on claims filed in Dow Chemical’s some comfort that they would have the last May would stay there when the bankruptcy proceeding, past or future. opportunity to prove their innocence conference report came out. It would have no effect, as Senator early in the litigation. The responsi- I think they have achieved what ROCKEFELLER pointed out earlier, on bility of ensuring that a medical device most people thought, frankly, was im- the capacity of bankruptcy judges and is

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2365 safe for the purpose intended should suppliers, who make very little money cient quantities of their products to rest with the manufacturer responsible in supplying the raw materials and medical device manufacturers.’’ for the design, testing and research of component parts for these extraor- Contrary to what some of our col- dinary devices, far outweighs any ben- that product, not with the supplier who leagues I am afraid may have heard in is supplying a component that, of its efit they can incur by selling these de- the last week or so from those opposed own, will have no benefit and cannot be vices. It is just not worth it to them. to this bill, this provision is not a trick used as an implant for the consumer But it is worth it to the 8 million peo- nor a ruse to protect bad suppliers desiring it. ple whose lives are either being sus- The suppliers have been sued because tained or made normal by the miracu- from legitimate claims. This is an ef- they are viewed as ‘‘deep pockets.’’ The lous array of medical devices that fort to respond to a genuine public cases against them have almost always technology makes possible today. health crisis, one that is well docu- been dismissed without a finding of any What are we talking about? Pace- mented, and, as I say, acknowledged by liability. Raw materials suppliers are makers, hip and knee joints, hydro- the administration in its praise, in its typically supplying generic products cephalic shunts for children, balloon statement of policy. with a lot of different uses. I will get angioplasty catheters, defibrillators, The biomaterials provision does into what happened in the field that vascular grafts, and even, in some nothing to reduce the liability of man- has generated a need for this provision cases, sutures used in common surgery. ufacturers, or other responsible parties in a moment. We all know people whose lives are ei- but consistent with the fundamental So let me repeat, Mr. President, that ther being sustained or made better by and fair premise of this legislation— this provision will not preclude present these unbelievable devices. Fifty years this conference report—it places re- ago, who would have guessed that life or future breast implant claims filed sponsibility where it ought to be—on could be sustained by these devices? against these companies. They remain those who do wrong, and protects from available to satisfy judgments. The fact is—and we have heard testi- unnecessary harassment and enormous Plaintiffs will likely argue that Dow mony before committees of Congress— Corning, for instance, was so involved that the people who make these devices cost those who have done no wrong. in the creation of the product origi- obviously need raw materials to make Mr. President, this bill actually in nally to be a manufacturer in all in- them. They need resins, plastics, rub- that sense so fundamentally relates to stances, or they violated applicable ber, and other component parts. And the broader questions of values in our contractual requirements or specifica- the suppliers either have cut back or society and the fear that people often tions by supplying silicone gel that have given them a warning they are have that our legal system has gone ‘‘did not constitute the product de- about to do it by a date certain. The astray, that those who do wrong are scribed in the contract’’ because it de- most recent date is January 1, 1997, not punished and too often those who parted so substantially from the expec- next January, because they cannot af- have done no wrong suffer. We most tations of the parties. Those arguments ford the millions of dollars that they often hear that cry about the criminal are consistent with title II, and they have to pay to defend lawsuits for sup- justice system. But it has unfortu- will be in order if this bill is enacted plying a nickel’s worth, a dime’s nately become true in our civil justice into law. worth, or a quarter’s worth of plastic system as well. The guilty parties do Remember what I said earlier, that resin or rubber. not pay enough. The innocent parties the major difference here, even in an The problem is not a genuine short- pay too much. And all of us end up pay- extreme biomaterials case, is that the age. It is an unnatural shortage caused ing, and the price we pay for consumer arguments by the suppliers to get out by a system of litigation that has gone goods and lost jobs are paying for this of a case because they are innocent will wild. The economics of the decision irrational a system. be able to be made earlier in the litiga- that these raw materials suppliers tion. Under our current system, these make are unfortunately understand- Mr. President, that is what this bill innocent raw material component sup- able because of the small amount of is all about. There are those who op- pliers who have supplied small money that they make on these de- pose the bill who describe it in ‘‘either/ amounts of material and have not been vices. The fact is that since 1994 12 raw or’’ terms. Either you are probusiness involved in design, testing, or manufac- material suppliers, including three or proconsumer. You are either ture of medical devices, fear the cost of major chemical companies, have de- proinnovation or prosafety. That rhet- being kept in these lawsuits for years cided to simply stop selling to medical oric misses the point—preventing us more than they fear the judgments, be- device manufacturers. The medical de- from dealing with the central issue. cause they know they are innocent. We vice manufacturers are scrambling to The fact is that this bill is probusiness have found very little evidence that find substitute products but sometimes and proconsumer. It is proinnovation such raw materials suppliers are ulti- they are simply not available. and prosafety. It is aimed at putting li- mately ever found liable in these cases. If you doubt whether this is a crisis ability back where it should be—on the So why the provision in the first just check the congressional testi- parties who are actually responsible for place? This, again, is why I say this bill mony. Listen to the father of the any harm and so are best able to pre- is not just an exercise in legal theory; young man—boy—who passed out be- vent injury. it responds to a very real crisis out cause he had water on the brain. They It is aimed at protecting the defend- there in the real world. put in a hydrocephalus shunt that ants from being frightened by lawyers Title II, the biomaterials provision, takes the water out of the brain. The is a response to what I would call a child was living a normal life. He actu- and lawsuits into paying legal fees and genuine public health crisis. It is there ally came and testified before one com- settlement costs when they are in fact to end a frightening, artificially caused mittee hearing which I had. He is a not responsible for any harm. biomaterials shortage that doctors, pa- wonderful looking young man, and All of that contributes to the cyni- tients, the American Cancer Society, very active. Periodically they have to cism and mistrust of our legal system the American College of Cardiology, replace that shunt. And, if there is not which is so fundamentally corrosive to Paralyzed Veterans of America, and the raw materials to do that, this the way we live in our country, and so other major medical societies, sci- young boy faces a tragedy, and his fam- costly to our society. entific organizations, and patient and ily with him. Mr. President, I ask unanimous con- consumer groups have all pleaded with It is worth noting that the adminis- sent that a list of raw material sup- Congress to solve. tration in the statement of policy pliers and their action withdrawing What is the cause of this artificial issued by the President over the week- shortage of biomaterials, the stuff that end opposing the product liability bill various products from the market be you need to make the devices I am singled out the biomaterials provision printed in the RECORD. going to describe? It is not because we for praise and acknowledged the impor- There being no objection, the mate- are running out of those materials. It tance of ensuring that ‘‘biomaterials rial was ordered to be printed in the is because the fear of litigation by the suppliers will continue to provide suffi- RECORD, as follows:

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2366 CONGRESSIONAL RECORD — SENATE March 20, 1996 SUPPLIER WITHDRAWAL AS OF DECEMBER 1995

Supplier Raw material Withdrawal date Device affected

Allied Signal Chemicals ...... ACCUFLOR CFx fluorinated carbon ...... May 1995 ...... Pacemaker batteries. Altec ...... Surgical stainless steel ...... Summer 1994 ...... Ausimont USA ...... Fluoropolymers ...... January 20, 1994 ...... Pacemakers. BASF Corp ...... PEKEEK, Ultrapek polymer ...... December 1994 ...... Production of spinal implants. Dow Chemical ...... Medical grade resins and film products ...... April 1992 ...... Cardiac prosthetic devices and long-term implants. Pellethane, polyurethane and Isoplast ...... April 1995 ...... Pacemaker leads. Dow Corning ...... Silastic silicone ...... December 1993 ...... No sales for medical implants or use in obstetrical, gynecological, contraceptive applications, or load-bearing or drug-loaded implants. du Pont...... All polymers TEFLON (tetrafluoroethylene), DACRON polyester, January 31, 1994 ...... DELRIN acetyl. Furakawa (Japanese vendor) ...... Nickel/titanium memory metal ...... December 1994 ...... Scoliosis correction implant system. Industrial Techtronics ...... Tantalum X-ray market beads ...... January 1995 ...... Montell Polyolefins ...... UHMW polyethelene ...... 1995 ...... Biomet Co. (orthopedic implants) polyethelene coats the surface of artificial joints. Owychem ...... Alathon polyethelene resin ...... Rehau ...... Silicone adhesives ...... March 1995 ...... Shell ...... PET ...... February 1994 ...... Victrex ...... PEEK (polyether ether ketone) & PEK (polyether ketone) ...... 1994 ......

Mr. LIEBERMAN. Mr. President, I of our product liability system’s this modest, balanced product liability did not always support a national ap- chilling effect on innovation are con- bill. proach to product liability reform and sumers whose interests also deserve For people injured by defective prod- I can well understand the hesitancy, protection. ucts, this bill makes a set of very im- particularly of newer Members, to sup- Of course, even for its intended bene- portant and beneficial changes. First, ficiaries, people who are injured by de- port Federal involvement in what tra- it enacts uniform, nationwide statute fective products, the legal system hard- ditionally has been the province of of limitations of 2 years from the date ly can be said to work well. GAO, in its state law. In fact, as attorney general the claimant knew or should have dis- 5-State survey, found that product li- of Connecticut and a member of the covered both the fact he or she was in- National Association of Attorneys Gen- ability cases took an average of 21⁄2 jured and the cause of the injury. In- eral, I voted for resolutions opposing years just to reach trial. If the case jured people will no longer lose the earlier Federal product liability legis- was appealed, it took, on average, an- right to sue before they knew both that lation that would have swept away vir- other year to resolve. This is a very they were hurt and that a specific tually all State product liability laws long time for an injured person to wait and repealed the doctrine of strict li- for compensation. product caused their injury. ability for product defects. In some instances, too, our product Second, this bill will force defendants But as I traveled around the State of liability laws have erected barriers to to enter alternative dispute resolution Connecticut, this problem—product li- suit that just do not make sense. For processes which can resolve a case in ability litigation—kept coming up in example, in some States, the statute of months rather than years. If the de- my discussions with small business limitations—the time within which a fendant unreasonably refuses to enter men and women, with small and large lawsuit can be brought—begins to run into ADR, it can be liable for all of manufacturing companies, and with even though the injured person did not claimant’s costs and attorney’s fees. plant managers. They told me of prob- know they were injured and could not On the other hand, if a plaintiff unrea- lems they had experienced with the have known that the product was the sonably refuses to enter ADR, they will product liability system, of the expense cause. In those States, the time in suffer no penalty. which to bring a suit can expire before of defending yourself even when you For workers who face possible injury the claimant knows or could ever know win, of the cost of settlements to avoid in the workplace, this bill will reform paying litigation costs, and of the time there is a suit to bring. the product liability system to give and energy that product liability suits Mr. President, no one will argue that employers a stronger incentive to pro- diverted away from the business of de- this bill will cure all the ills in our vide a safe workplace. Under current signing new products and bringing product liability system. That would law, an employer is often permitted to them to market. require a gargantuan overhaul and we At a time when we need to be re- are not likely to reach reach agree- recoup the entire amount of workers building our country’s manufacturing ment in the near future as to what that compensation benefits paid to an em- base, to be promoting innovation in would look like. ployee who was injured by a defective our manufacturing sector, to be design- I make no secret of the fact that I machine, even if the employer contrib- ing, building, and bringing to market would have preferred a broader bill. uted significantly to the injury by, for the next generation of high-quality, Product liability cases are only a part example, running the machine at ex- high-value added products the world of the problems in our civil justice sys- cessive speeds or removing safety will need, our liability system chills tem. I have very real concerns that equipment. This essentially means that innovation. when we fix some of the problems an employer can end up paying nothing The debate should really center there, some lawyers will just target despite the fact that their misconduct around consumers, because it is con- nonmanufacturing clients, like finan- was a significant cause of the injury. sumers who suffer because of this sys- cial service providers, municipalities, This bill would change this. When an tem, not simply businesses. Consumers nonprofit organizations. I would have employer is found, by clear and con- are the ones who have to pay higher preferred a bill that covered much vincing evidence, to be partly respon- prices in order to cover product-liabil- more, but clearly that was not to be. sible for an injury, the employer loses By working incrementally to elimi- ity-related costs. If a ladder costs 20 recoupment in proportion to its con- nate the worst aspects of our current percent more because of liability-re- tribution to the injury. This does not system with respect to product liabil- lated costs, consumers—not busi- change the amount of money going to ity, perhaps we can begin to create a nesses—end up paying that 20 percent the injured person, but it makes the premium. record that will allow us to restore The best interests of consumers as a some balance to our tort system over- employer responsible for its conduct. whole are not always identical to the all. The enactment of the Federal Gen- Manufacturers of durable goods— interests of people who are seeking eral Aviation Revitalization Act of 1994 goods with life expectancy over 3 years compensation. The people who suffer or has demonstrated that reform does not that are used in the workplace—will die because a new drug or medical de- mean that injured people will go un- also be assured that they cannot be vice was never developed, or was de- compensated and bad actors sued more than 20 years after they delayed in its development, are hurt as unpunished, but that reform means liver a product. This will bring an end surely as those who suffer because a de- more jobs and safer aircraft. I hope we to suits such as the one in which Otis vice malfunctioned or a drug was im- will have the same chance to build the Elevator was sued over a 75-year-old el- properly designed. These silent victims same foundation for more reform with evator that had been modified and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2367 maintained by a number of different the fate of this product liability bill, but principally because it is bad policy. owners and repair persons through the but it is a broader question of whether It is bad public policy. And, second, it decades. By the way, this same provi- this Congress is able to function on a is not necessary. It is not needed. sion will not apply to household goods bipartisan basis and get something There are some who have argued that such as refrigerators, and is only in- done to respond to a real problem as we there is a rash of product liability suits tended to cover those workplace inju- have described out in society. and everybody who makes a product in ries that are already covered by work- The critics who say—I hear this all America is just about on the verge of ers compensation. the time when I go home—‘‘Why are not making products anymore because Manufacturers will also have some you folks all so political? Why don’t they fear they may get sued if they protection against deep pocket liabil- you get together and get something make bad products that injure people, ity. While the bill still permits States done, and respond to some real prob- whether they do it with gross neg- to hold all defendants jointly liable for lems? Why don’t you compromise?’’ A ligence, or it is just the egregious na- economic damages such as lost wages, compromise is not just to reward the ture of what they are doing; but they foregone future earnings, past and fu- people who send us here to serve them. may get sued and put people out of ture medical bills, and cost of replace- Compromise is getting something done. business. ment services, noneconomic damages Senators GORTON and ROCKEFELLER— The facts are just the opposite, and such as pain and suffering will be ap- Republican and Democrat working that is one of the issues I wish to focus portioned among codefendants on the hard for years now but particularly the on, plus the punitive damages question. basis of each defendant’s contribution last year and 3 months—bipartisan, First of all, is there so much litiga- to the harm. and willing to accept compromise, get tion out there that companies are not For wholesalers and retailers, they the bill past the hurdle of breaking a producing products? No. The legisla- will, in the majority of cases, be re- filibuster here in the Senate with over tion is trying to fix a problem that lieved of the threat that they can be 60 votes, get it passed, take it to the does not exist. Product liability cases held liable for the actions of others. conference committee, again com- account for only 4 percent of all of the Under current law, for example, the promise, get something done to start injury cases that are filed in this coun- owner of the corner hardware store us down the road to a response, to a try—4 percent. Only 4 percent of the could be sued for injuries resulting real problem, and now we are faced cases dealt with defective products. from a power saw just as if she was the with these last-minute attacks and a There is not an explosion of product li- manufacturer of a power saw, even if threat of a veto by the President. ability cases. she had no input in the design or as- I think what is on the line here is Then if you look at the statistics, sembly of the power saw and had done whether, with all the procedural intri- out of 762,000 civil cases resolved in the nothing other than to inspect a sample cacies at work, we can produce. I hope Nation’s 75 most populous counties in to make sure there were no obvious that the answer is yes. I hope that we the whole country in 1991 and 1992, only flaws and to put the items on the shelf. will vote this afternoon to break the 360 cases out of 762,000 cases dealt with For our American economy and in- filibuster, that we will then tomorrow defective products. Is there an explo- dustrial base, passage of this product pass this bill and that President Clin- sion of litigation from products? I liability reform legislation will move ton will then reconsider his decision to think the facts are just the opposite. us back to promoting innovation and veto it. Something else. In all of those 360 the development and commercializa- This is a moment of opportunity. It product cases, do you know how many tion of new products. Passing this bill is a moment of test for this institution, had punitive damages awarded? Three. will create and save jobs here, not and it may not come again in this way Three. And yet the principal focus of overseas. for quite a long time. this legislation that is before the Sen- Mr. President, let me reiterate that I I thank the Chair. ate is that we have to pass this legisla- believe this bill can be a win-win situa- I yield the floor. tion because the country is in chaos be- tion. It provides real balance. It bal- Several Senators addressed the cause of product liability suits, when ances the scales of justice to ensure Chair. the truth is that only 4 percent of all of that the victims of defective products The PRESIDING OFFICER. The Sen- the civil cases filed are product liabil- will continue to be compensated while ator from South Carolina. ity cases. consumers receive the best products Mr. HOLLINGS. Mr. President, I am The second point I wish to focus on is available. It is incremental reform. sure the distinguished Senator from this part of the bill that says Wash- Frankly, it is a lot less than I had Connecticut would also include me in ington knows best. Our Republican col- hoped for and that I voted for. But I his thanks but, of course, not being in leagues want to block grant just about think it is incremental because it is the conference and not making any everything in Washington to the States hoped that is the way to begin the road contribution I am not due any thanks and let them decide—Medicaid, wel- to genuine legal reform in our country. at all. We just could not participate. fare, you name it. ‘‘Give it to the In this debate today, we hear a lot of I was rather interested to hear for States; Washington does not know charges, countercharges, and attacks the first time that the House gave in what it is talking about’’ is the state- coming from every which direction as on all of these things because we never ment that I hear from my colleagues we come close to the vote. One thing conferred on any House giving into on this side of the aisle except when it should not be lost. This bill does not anything. comes to this legislation, it is just the absolve a company that has not made a Just highlighting, of course, the na- opposite. Their position on this legisla- safe product. If a company has made a ture of this endeavor, the fact is this tion is that the States do not know defective product, it will and must be Senator spoke and shepherded over a 3- anything, that the States are messing held fully accountable, period. But year period a communications bill that it up so bad that we are going to have when a company does follow the rules passed this Senate on a bipartisan vote Washington decide what is the appro- and makes a safe product, it should not of 91 Senators. So I know how to work priate remedy for people in the various have to settle frivolous claims simply in a bipartisan fashion. But this thing States who are injured by defective to avoid the expense of litigation and is a hijacking, if I have ever partici- products back in their States. Welfare, protect against the risk that a huge pated in one. we are going to do it in the States; and irrational judgment will be award- I yield 10 minutes to the distin- Medicaid, we are going to do it in the ed against it. guished Senator from Louisiana. States, but when it comes to product Mr. President, once again I thank my Mr. BREAUX. Mr. President, I thank liability we are going to do it here in colleagues, Senators GORTON and the Chair. I thank very much the sen- Washington. ROCKEFELLER, who have really been ex- ior ranking member of the committee This legislation says that no matter traordinarily able and honorable in for yielding, and for the work he has how egregious the actions of a person this task. put in over the years on this issue. or a company that makes a product, I honestly believe that what is on the Mr. President, I rise in opposition to the cap on damages, punitive damages line here today in this vote is not just the legislation for a number of reasons is $250,000. My friend from Connecticut

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2368 CONGRESSIONAL RECORD — SENATE March 20, 1996 said that is really a lot. Let me give The court may say, ‘‘Well, maybe pu- was still going to do whatever Joe was you an example of the problem. The nitive damages are 5 percent. Let’s fine wanting to do, smashing people in the $250,000 figure is out of the air. It is him $500.’’ Is that enough to change face. It was not enough to change his something that they just picked up. It Joe’s behavior? Probably getting close. behavior. How about a 1-percent fine has no basis in fact. This legislation Probably he will think a second time for the XYZ Corp.? That is $500,000. We says that if a person is going to be en- before he walks up to the next person said it would not have an effect, but it titled to punitive damages against a and smashes him in the face if he is also twice the cap in this bill. We company for the most egregious type of knows the court said, ‘‘Joe, that’s mor- cannot even do that under this legisla- behavior that we have ever heard of, ally repugnant behavior. You are fined tion. the cap is going to be $250,000 or two $500.’’ Joe is going to say, ‘‘I don’t So we say 5 percent was probably get- times the economic damages. think I am going to do that again.’’ ting pretty close to affect Joe’s behav- The courts have said that unlike So let us take another example. How ior. That is what, $500. That probably damages which are awarded to com- about a Corp. Let us call it XYZ Corp. changes his mind about his social be- pensate an individual for his injuries, It is a small Corp., with only $50 mil- havior and society. How about XYZ punitive damages are unique because lion of assets. And I say small because Corp.? A 5-percent fine is $2.5 million. they are based on an entirely different of the Fortune 500, the number 500 But forget it when this legislation is public policy consideration, that of company on the Fortune 500 list has as- passed, because somebody in Wash- punishing the wrongdoer to change sets of $4 billion. So XYZ Corp. with $50 ington has decided that $250,000 is the that wrongdoer’s behavior, and, second, million of assets is pretty small. to set an example to others that you Let us assume XYZ Corp. starts mak- magical number. should not do that type of behavior. ing a product. Let us say they make Let me show you something. The No. Punitive damages are generally award- pajamas for children, and when they 500 corporation on the Fortune 500 list ed for egregious, morally repugnant make those pajamas for children their in this country has assets of $4 billion. conduct, conduct that is so offensive to engineers say, ‘‘Mr. CEO, we just found If this cap is in place and they make a the average American that we say that out that these pajamas that you make defective product and they are fined person who has done this should not do for children are flammable; these paja- the maximum of $250,000, do you know it again. We have to make an example mas catch on fire very easily, and we what percentage of their assets that of this type of morally repugnant be- are making them for children. We turns out to be? That is .00625 percent. havior so that others who may think could fix that by adding this retardant Does anybody think that a maximum about doing it will not do it again. chemical to it so it will not catch on fine that is .00625 percent of that cor- That is what punitive damages is all fire.’’ The president and the board says, poration’s assets is going to have any about. And that is on what this bill ar- ‘‘Forget it; we have this whole ware- effect on their social behavior? I bet bitrarily sets a cap of $250,000. Let me house full of them. We are going to sell they do not even consider it. It is a dot tell you what is wrong with that, why them. We don’t care; we’ll take our on their asset sheet. it is not based on anything. chances.’’ So, if we get back to the point that Say you have a person, I call him Joe XYZ Corp. starts selling their paja- punitive damages is to tell a reckless Six-Pack in this case, and Joe Six- mas all over the United States, and, lo defendant, who has had a jury say that Pack is just as mean and ornery a fel- and behold, the inevitable happens; a this is morally repugnant behavior, if low as you ever want to meet. And one child catches on fire walking in front we tell them that from here on out, day Joe Six-Pack is walking down the of the fireplace, is horribly burned and Congress in Washington, in our wis- street in his hometown and a guy is disfigured for life. The engineers come dom, has decided that the maximum coming in the opposite direction, and back to the chairman and the board fine is $250,000 and it has no relation- when he gets next to Joe, Joe just and say, ‘‘Look, we told you that was hauls off and knocks the ever-living ev- ship to the ability of a defendant to going to happen. This is our study. We pay, we are making a serious public erything out of the guy because he did saw it. It’s flammable. Let’s change not like the way he looked. He smashes policy mistake. We should, I think, be it.’’ ashamed of this legislation with this his fist into the guy’s face, and he The president and the board say, ‘‘No type of cap. I am. The States, I think, breaks his cranial bones, permanently way. We still have half a warehouse are doing a good job. It is not a prob- disfigures him and sends him to the full of pajamas. We are going to sell hospital. They have to do surgery to the rest of them. We don’t care. We lem. In addition to not being a prob- reconstruct this individual’s face. don’t think it’s going to happen again. lem, this arbitrary proposal makes no The individual, after he finally recov- We don’t care what your studies say. sense. ers, says, ‘‘I am going to sue Joe. I Forget them. File them away.’’ You wonder why a lot of the very big want him to pay for my suffering, my Sure enough, a second child who is businesses think it is a great idea? It is hospital bills.’’ And the court says he wearing the same pajamas catches on because a cap of that small amount is is right; that was repugnant, morally fire in front of a fireplace, is horribly such a small percentage of their assets, offensive behavior. We are also going disfigured and burned, with economic they can continue to make those paja- to assess punitive damages because we damages, pain and suffering, disfigured mas. They can continue to say, ‘‘We do not want this to happen again. So for the rest of that person’s life, and are not going to listen to our engineers how much is the right amount? OK, they file suit against XYZ Corp. The who have told us it is flammable. We they take a look at what Joe Six-Pack court says, ‘‘Your behavior is morally are not going to listen to our engineers is worth. Say Joe Six-Pack is worth repugnant to this country. Your behav- who told us that children can catch on $10,000. That is the savings, the money ior is indefensible. Your behavior needs fire wearing this product and the only he has. If the court says we are going to be punished. How much should we thing we have to do to fix it is to add to fine him maybe half a percent of his punish XYZ Corp.?’’ a fire retardant ingredient. Do you assets, that is a $50 fine. Well, if we said half a percent was know what? We are not going to do it Does anybody think a $50 fine is not enough to affect Joe Six-Pack be- because we still have that warehouse going to change Joe Six-Pack’s behav- cause it would only be $50 of his assets, full of pajamas and we are going to ior? Is that enough to tell Joe that he a half a percent of XYZ Corp. would be keep selling them.’’ should not do that again? Probably $250,000. That is the cap in this bill. How many young kids would be in not. The court could say, ‘‘Well, let’s That is the cap in this bill. And if we danger? That is just one example. fine Joe 1 percent of his assets.’’ Is that said that that was not enough to affect There are literally hundreds of them. enough to change Joe’s behavior and Joe Six-Pack’s behavior, a $50 fine, set an example for others they should why should the same percentage be Mr. President, I will conclude simply not do it? That is a $100 fine. I doubt enough to change XYZ Corp.’s position by saying this legislation is not nec- whether that really will affect Joe’s be- in manufacturing defective products essary, it is not needed, there is not a havior. He may do it again just because that they know are defective? problem. In addition to that, it is a bad he is an ornery fellow or he does not We said that a 1-percent fine of $100 public policy statement. care. was not enough to affect old Joe. Joe I yield the remainder of my time.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2369 Mr. MCCONNELL. Mr. President, this and deceiving consumers when they This bill has what perhaps could be is a historic day. For more than a dec- claim this bill will cutoff the ability of called a one-way preemption approach. ade we have tried to pass product li- injured persons to recover. Under this approach, States are al- ability reform. In every Congress, until And, this bill make a necessary lowed to adopt laws that differ from this Congress, the opponents of reform change in the assessment of pain and the so-called uniform standards, pro- have mounted successful filibusters. suffering damages against multiple de- viding that States are more restrictive But this year we broke through the fil- fendants. Each defendant will only be on the rights of injured parties. But, if ibuster, and the Senate passed a mod- responsible for its proportionate share States seek to be less restrictive on the est bill. Now, the conference report is of noneconomic losses. This will, hope- rights of injured parties, they are then before us, and we must again break a fully, discourage suing someone who is prevented from doing so. This is not filibuster. only remotely connected to the defec- uniformity. This is not a bill which The American people are frustrated tive product on the basis of that de- says that we are going to have a 15- with the legal system. Cases take too fendant’s deep pockets. year statute of repose, that is it, that long to resolve and too many injured Mr. President, the time for this bill is what injured plaintiffs have, that is don’t get fairly compensated, while a is long overdue. The problems of our what defendants can count on. That few win the lawsuit lottery. legal system—long delays, inefficiency would be a uniform standard. This bill Litigation drains billions from our and unpredictability in getting com- does something very, very different economy, adding a tort tax to goods pensation to those injured—are only from that. and services. For example, the average getting worse. And that means more This bill says that if a State wants to price of an 8-foot ladder is $119.33, but burdens on productivity and invention be more restrictive than the provisions the actual cost is less than $95.00, with in our economy. of this bill, more restrictive in terms of the litigation tax responsible for a 25- I regret that the President has an- the ability of plaintiffs who are injured percent increase in the cost. Lawsuits nounced his intention to veto this bill, persons to recover, that they are al- drive the price of a heart pacemaker up based upon false assumptions about the lowed to do so. It is only if a State de- 20 percent, from $15,000 to $18,000. bill. As I’ve already said, the bill won’t cides they want to be less restrictive If we don’t fix the problems of our prevent injured from recovering; it on the rights of injured parties that legal system, consumers will have won’t limit the recovery of damages they are prevented from doing so, that fewer choices and American companies that compensate victims for their inju- they are preempted from doing so. will have a smaller share of the global ries. The President’s assertions to the That is not uniformity. That is a one- market. contrary just simply aren’t true. way street. That is preemption of the This bill is a significant, although Survey after survey and poll after rights of injured parties. imperfect, step in the right direction. polls show that the American people I want to go through some of the lan- But before I mention what the bill are frustrated by our legal system and guage in these titles to make this point does, let me explain what the bill particularly dissatisfied with the legal clearer, to make the point that we are doesn’t do. The opponents have scared profession. Those lawyers who misstate not going to have one law that governs many into believing that this bill cuts the facts about this bill in an effort to all the States. We are not going to off the right to sue for injuries. But it scare the public do their profession a eliminate the patchwork of product li- doesn’t. Those who are injured by de- disservice. Not only does this bill pro- ability laws. We are still going to have fective products will be able to sue and tect the injured party’s right to com- a patchwork. We are still going to have recover all of their losses—their lost pensation, but it would also restore States that are more restrictive than wages, all medical bills, any costs for some public confidence in lawyers and the particular ceiling which is set forth home assistance, and even so-called the legal system. It is unfortunate in this statute. There is not going to be pain and suffering damages. there’s a failure to understand this fact a uniform rule which is fair. There is This bill does not close the court- at the other end of Pennsylvania Ave- going to be a so-called rule, which is house door to any injured party. So, nue. applied if this passes, but not really. I urge my colleague to vote for this there will be no horror stories as pre- States are allowed to be more restric- conference report. Let the American dicted by the opponents, of those in- tive if they choose to do so. people know that this Congress wants jured by cars, household appliances, or Let us take a look at section 106 of to improve the legal system and pro- workplace machinery shut out of the this conference report. Section 106 protect the injured consumers. vides that: legal system. It’s simply not true. The PRESIDING OFFICER. Who The bill does contain a modest limi- yields time? Subject to paragraphs (2) and (3), no product liability action that is subject to this tation on punitive damages, which are Mr. HOLLINGS. Mr. President, I supposed to punish the responsible Act concerning a product, that is a durable yield 10 minutes to the distinguished good, alleged to have caused harm (other party, not be a windfall for the injured Senator from Michigan. party. Punitive damages are limited to than toxic harm) may be filed after the 15- The PRESIDING OFFICER. The Sen- year period beginning at the time of delivery the greater of $250,000 or two times ator from Michigan. of the product to the first purchaser.... compensatory damages. But this bill Mr. LEVIN. Mr. President, I oppose That sounds pretty uniform. It says, contains no limitation on economic this conference report for a number of ‘‘Subject to paragraphs (2) and (3), no damages or pain and suffering dam- reasons. One of the principal ones is product liability action * * * may be ages. the fact that it does not provide uni- filed after a 15-year period.’’ That is The bill also provides some limited formity when it comes to product li- the statute of repose. As a matter of protection to those who have nothing ability. fact, the heading of that section, 106, to do with the defect in the product, The statement of the managers says says ‘‘Uniform Time Limitations on Li- but who sometimes get stuck with the that one of its purposes—this is on ability.’’ The word ‘‘uniform’’ is right tab in a lawsuit. An injured will be able page 3—‘‘* * * is to establish certain in the heading. to recover from those who are respon- uniform legal principles of product li- Then you read paragraphs (2) and (3). sible for the defects in the products— ability.’’ Its sponsors on the floor have Paragraph (2) says, the manufacturers, and not the sellers said the same thing, that it is aimed at Notwithstanding paragraph (1), if pursuant who simply put the merchandise on a providing uniformity when it comes to to an applicable State law, an action de- shelf or in a showroom. And, if the in- rules governing product liability. But, scribed in such paragraph is required to be jured party can’t find the manufac- unfortunately, this bill fails to live up filed during a period that is shorter than the turer, or if the manufacturer can’t be to its own statement of purposes. In- 15-year period specified in such paragraph, sued, or if a damage award can’t be col- deed, it violates its own statement of the State law shall apply.... lected from a manufacturer, then a purposes because there is no uni- How do the sponsors use the word product seller will be responsible. So, formity that is provided in this bill. ‘‘uniform’’ in the title, when in fact injured parties will always be fully There is no fair balance among the in- they permit diversity, providing it is compensated for their injuries. The op- terests of product users, manufactur- downward, providing it is more restric- ponents of this bill are only scaring ers, and product sellers. tive on the rights of injured parties?

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2370 CONGRESSIONAL RECORD — SENATE March 20, 1996 That is allowed. The title ‘‘uniform’’ is It says that the House-passed version On the other hand, there are good used, although a patchwork of laws is specified that the section, and here we reasons for the doctrine of joint and permitted, providing they are more re- are talking about the section on joint several liability. Case and effect often strictive than the 15-year limit which and several liability, the section— cannot be assigned on a percentage is provided for in section 106. How is . . . does not preempt or supersede any basis with accuracy. There may be that for a misleading label? Uniform? State or Federal law to the extent that such many causes of an event, the absence There is nothing uniform about it. law would further limit the application of of any one of which would have pre- My dear friend from West Virginia the theory of joint liability to any kind of vented the event from occurring. Be- said this morning that when products damages. cause the injury would not have oc- cross State lines, it makes no sense for So this section on joint and several curred without each of these so-called product liability rules to be different liability, according to the House but-for causes, each is, in a very real from State to State. Well, if it makes version, is not intended to limit or pre- sense, 100 percent responsible for the no sense for product liability rules to empt or supersede any State or Federal resulting injury. be different from State to State, how law if that law further limits—further This bill, however, does not recognize does it then make sense to allow States limits—the application of joint and that in the real world, multiple wrong- to be more restrictive than the 15-year several. That is OK. That is OK in the doers may each be a cause of the same statute of repose? House version, and then we are told by injury. It insists that responsibility be They cannot be less restrictive. They the statement of managers—— portioned out, with damages divided up cannot give more rights to injured par- The PRESIDING OFFICER. The Sen- into pieces, and the liability of each ties, only less. But to use the words of ator’s time has expired. defendant limited to a single piece. my dear friend from West Virginia, if it Mr. LEVIN. If I could have 30 more Under this approach, the more causes makes absolutely no sense for liability seconds. the event can be attributed to, the less rules to be different from State to We are told by the statement of man- each defendant will have to pay. State, why then are States allowed to agers that the language that I just Unless the person who has been in- move in one direction, to be more re- quoted reflects the conference agree- jured can successfully sue all parties strictive under section 106 and section ment’s intent. It is not just the House who contributed to the injury, he or 108 and a whole host of other sections, provision, it is the conference agree- she will not be compensated for his en- but they cannot be less restrictive to ment’s intent. tire loss. The real world result is that persons who are injured? So, Mr. President, what we have here most plaintiffs will not be made whole, That is not uniformity. That is uni- is not uniformity. We have a one-way even if they manage to overcome the form unfairness. That is a consistent preemption in this bill that allows the burdens of our legal system and prevail unfairness. That is a one-way street. State in section after section after sec- in court. Isn’t it more fair to say that That is a one-way preemption. tion to be more restrictive of the rights the wrongdoers, each of whom caused Let us take a look at some other proof injured parties. All that they are the injury, should bear the risk that visions of the law. Section 108 of the preempted and prevented from doing at one of them might not be able to pay conference report contains a provision the State level is being less restrictive its share than it is for the injured entitled, again, ‘‘Uniform Standards on the rights of injured parties. party to bear that risk and remain unfor Award of Punitive Damages.’’ That is not fair. That is not uniform. compensated for the harm? Uniform standards. It is not a uni- It is one of the reasons I will vote The bill before us completely ignores form standard in section 108. When you against this conference report, because the complexity of this issue with its read it, it says, and this relates to pu- even though you can make out an ar- one-way approach to Federal preemp- nitive damages: gument for uniformity, I think there is tion. States which are more favorable Punitive damages may, to the extent per- a good intellectual argument that can to defendants are allowed to retain mitted by applicable State law— be made for uniformity, if it is true their laws. But State laws that try to And then it goes on to say what those uniformity, if it applies both ways, to reach a balanced approach between punitive damages can be. But State law both plaintiffs and defendants, if it is plaintiffs and defendants would be pre- governs if it is more restrictive. What not just a one-way street that allows empted. happens if State law is less restrictive? States to be more restrictive but not Roughly half the States choose to What happens if State law is more gen- less restrictive. That is intellectually protect the injured party through the erous to injured parties? What happens defensible. doctrine of joint and several liability. if State law is tougher on defendants in Whether you agree with it or not, at Another half dozen States have adopt- terms of punitive damages? That is not least it is consistent, at least there is ed creative approaches to joint and sev- allowed. That is preempted. But if a a coherent logic to it. But to provide, eral liability, seeking to balance the State law is more restrictive, that is, as this bill does, that State laws which rights of plaintiffs and defendants. again, allowed. are more restrictive are preempted but Let me give you a few examples. That is not uniformity, and if it not the ones less restrictive, it is un- Louisiana law provides joint and sev- makes sense for product liability rules fair, unbalanced, and it is one of the eral liability only to the extent nec- to be uniform from State to State or, reasons I will vote against this bill. essary for the plaintiff to recover 50 to use the words of the Senator from Let us look at one example of how percent of damages; there is no joint West Virginia, if it makes no sense for this one-way preemption provision and several liability at all in cases product liability rules to be different would work. The bill would override where the plaintiff’s contributory fault from State to State, then it surely State laws that provide joint and sev- was greater than the defendant’s fault. makes no sense to allow States to vary eral liability for noneconomic dam- Mississippi law provides joint and from the rule downward to be more re- ages. Joint and several liability is the several liability only to the extent nec- strictive on the rights of injured par- doctrine under which any one defend- essary for the plaintiff to recover 50 ties. All they are prevented from doing ant who contributed to the injury may percent of damages, and for any defend- is to be less restrictive in terms of the be held responsible for 100 percent of ant who actively took part in the rights of plaintiffs and injured parties. the damages in a case, even if other wrongdoing. Another section, section 110. Section wrongdoers also contributed to the in- New Jersey law provides joint and 110 of the bill contains a provision that jury. several liability in the case of defend- limits joint and several liability in The sponsors of this bill, and this ants who are 60 percent or more re- product liability suits. The statement amendment, have pointed out that sponsible for the harm; joint and sev- of managers explains that this provi- there are problems with joint and several liability for economic loss only in sion is intended to preempt State laws eral liability. In some cases, a defend- the case of defendants who are 20 to 60 that are more favorable to plaintiffs, ant who has only a marginal role in percent responsible; and no joint and but not to preempt State laws that are causing the damage ends up holding several liability at all for defendants more favorable to defendants. Here is the bag for all of the damages. That who are less than 20 percent respon- what the statement of managers says. doesn’t seem fair. sible.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2371 New York law provides joint and sev- The PRESIDING OFFICER. The Sen- Senator from North Dakota will see in eral liability for defendants who are ator from North Dakota. that exclusion. more than 50 percent responsible for Mr. DORGAN. Mr. President, I appre- The term ‘‘product’’ does not include, the harm; joint and several liability is ciate the Senator yielding time. I (i) tissue, organs, blood, and blood products limited to economic loss in the case of would like to ask a series of questions used for therapeutic or medical purposes, ex- defendants who are less than 50 percent about the bill and about one section of cept to the extent that such tissue, organs, responsible. the bill specifically. blood and blood products (or the provision South Dakota law provides that a de- I voted for this bill and move the bill thereof) are subject, under applicable State fendant that is less than 50 percent re- to conference. I am inclined to vote for law, to a standard of liability other than negligence. sponsible for the harm caused to the cloture today. But I have reviewed claimant may not be liable for more what came out of conference, and one It goes on to say, than twice the percentage of fault as- area gives me some concern. I want to [And] (ii) electricity, water delivered by a signed to it. go through it with the Senators on the utility, natural gas, or steam . . . Texas law provides joint and several floor, especially Senator GORTON. The next reference that I would make liability only for defendants who are There is on page 6 of the bill that the to the Senator from North Dakota is in more than 20 percent responsible for Senate passed an exclusion for the the Senate committee report on that the harm caused to the claimant. term ‘‘product.’’ The bill included on bill. On page 24 of the Senate com- All of these State laws are efforts to the bottom of page 6 under (ii), the ex- mittee report on the bill that passed address a complex problem in a bal- clusion reading: ‘‘electricity, water de- the Senate here, in subsection (ii), the anced manner, with full recognition of livered by a utility, natural gas or explanation under the term ‘‘product’’ factors unique to the State. To the ex- steam.’’ there is, for all practical purposes, tent that they are more favorable to We were clearly deciding that these word for word this exclusionary lan- the injured party than the approach utilities were not covered as products guage, particularly the last two sen- adopted in this bill, however, they in this bill. tences. would all be preempted. The bill came back from conference The term does not include tissue, organs, On the other hand, other States, with that provision. However, a new blood and blood products used for thera- which take a more restrictive view of clause was added. The same words ex- peutic or medical purposes, except to the ex- joint and several liability, or even pro- isted— ‘‘electricity, water delivered by tent that such tissue, organs, blood and blood products, or the provision thereof, are hibit it altogether, would be allowed to utility, natural gas or steam.’’ This is retain their individual State ap- subject under applicable State law to a in the part of the bill which is defining standard of liability other than negligence. proaches. That just does not make what is excluded from the bill. That is sense. In other words, the same word is in what the Senate passed. Mr. President, there is a list of prob- the statute. But the conference report comes lems in our legal system that we could back with the same words but goes on The term also does not include electricity, all go through. Going to court takes water delivered by a utility, natural gas or to say: ‘‘except***’’ In other words, too much time and it costs too much steam. we are excluding utilities ‘‘except to money. Some plaintiffs get more than There is a footnoted comment. And the extent electricity, water delivered they deserve, while others who suffer the footnote reads: injuries may spend years in court but by a utility, natural gas or steam are subject, under applicable State law, to Claims for harm caused by tissue, organs, recover nothing at all. As Senator GOR- blood and blood products used for thera- a standard of liability other than neg- TON, one of the lead authors of the bill peutic and medical purposes are, in the view before us, explained during last year’s ligence.’’ of most courts, claims for negligently per- debate on the Senate bill: Forty-four States have such stand- formed services and are not subject to strict ards; 18 of them have been litigated on [T]he victims of this system are very often product liability. The act, thus, respects the claimants, the plaintiffs themselves, who the subject of electric utilities. It ap- State law by providing that in those States, suffer by the actual negligence of a product pears to me that what the conference the law with respect to harms caused by manufacturer, and frequently are unable to has done in this section is added utili- these substances will not be changed. In the afford to undertake the high cost of legal ties as being covered by this bill. I have past, however, a few States have held that fees over an extended period of time. Fre- asked questions of half a dozen experts claims for these substances are subject to a quently, they are forced into settlements standard of liability other than negligence, in the last 24 to 48 hours, and the an- and this act does not prevent them from that are inadequate because they lack re- swers I get are not satisfying. The an- sources to pay for their immediate needs, doing so. Such actions would be governed by their medical and rehabilitation expenses, swers I get are, ‘‘Well, that’s what the the act. Actions involving claims for harms their actual out-of-pocket costs. words say, but that’s not what it caused by electricity, water delivered by a means.’’ I am assuming courts will say utility, natural gas or steam are treated in I agree with Senator GORTON that the same manner. there is unfairness in our current legal this means what it says, not what system. There is unfairness to defend- someone says it means. So I want to go When this went to conference—we ants in some cases, and there is unfair- through a couple of questions. had the better part of a year to read ness to plaintiffs in other cases. How- I ask the Senator from the State of through every detail—the proposition, ever, the conference report before us Washington, how is the provision that the meaning of this bill, as it passed does not even attempt to address the went into conference different from the the Senate, showed up in the propo- problems faced by plaintiffs. There is provision that came out? When it went sition that this exception appeared in absolutely nothing in this bill to assist in, it said ‘‘electricity, water delivered subsection (i) on page 6. It did not ap- those who have been hurt by defective by a utility, natural gas and steam’’ pear in subsection (ii). The same words products and face the difficult burdens are excluded. Period. They are not part have now been added to subsection (ii), of trying to recover damages through of this bill. When it came out, it seems which simply accords with the com- out legal system. to say they are now a part of this bill, mittee report interpretation of the lan- On the contrary, the bill makes every which is a major change. guage that we passed here in the Sen- effort to override State laws which at- Mr. President, I ask that we might ate. tempt to help the victims of defective have an interchange. I ask the Senator So the fundamental answer at this products. Only laws that make it hard- from Washington if he can respond to point to the question that is raised by er for the injured party to obtain com- that for me. the Senator from North Dakota is that pensation are permitted. That is not Mr. GORTON. I can. I would start by this change does not change the mean- uniform, it is not fair, and I cannot referring the Senator from North Da- ing of the act as it was set out in the support it. kota back to page 6 of the original bill, committee report to the original Sen- The PRESIDING OFFICER. Who the bill that passed the Commerce ate bill. State law, in other words, in yields time? Committee, on which both of us serve, each of these cases, whether it is tissue Mr. GORTON. I yield such time that and passed this body, the Senate, un- or electricity, State law will govern. the Senator from North Dakota may changed and to look at the entire sub- If a State passes a law that says elec- desire. section (B), entitled ‘‘EXCLUSION.’’ The tricity is a product, yes, it would be

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2372 CONGRESSIONAL RECORD — SENATE March 20, 1996 governed. If that State consciously de- 6—it cannot be misread, notwith- termined that they ought to be consid- cides to treat electricity as a product, standing any other footnotes in some ered products. That is a privilege that then it would be a product under this other committee report—it says: the State legislature has now and re- bill. But these strict liability States, EXCLUSION.—The term [product] does not tains under this bill. you know, do not do that. It leaves it include—electricity, water delivered by a Mr. DORGAN. That is not what the entirely up to North Dakota or Cali- utility, natural gas or steam. law says that you are asking us to vote fornia or to Washington or West Vir- That is what the Senate passed. I am on, as written. You are not talking ginia to make that determination. If it coming to the floor to ask the ques- about whether the State wants to de- wishes for strict liability, it can im- tion, has that dramatically changed so termine if it is a product. You are talk- pose strict liability. If it wants to call that in fact utilities are no longer ex- ing about the question of the standard it a product—I do not know of any that cluded? Did somebody lift up the flap the State determines, appropriate. do—but if it wants to call it a product, on the tent and utilities snuck in to There are certain kinds of things it can bring it up to this bill. That is get a massive exclusion under this bill? that are very dangerous and high risk up to the State. If that is the case, then I am very con- that the States determine it wants an Mr. DORGAN. You are arguing one of cerned about this. What I am hearing elevated standard of liability. It’s two things. Either you are making the from people is to say, ‘‘no, it kind of called a strict liability standard. The case that utilities are defined as a reads that way, but that is not really way this is written, you are saying product under the bill, as originally the effect of it.’’ that utilities are excluded as products passed by the Senate, because of a foot- I do not have the foggiest notion of under this bill. They are excluded. note on page 24 of the committee re- how one relates to the contradiction They are not involved in this bill, export. In other words, you are saying between how something reads and how cept if a State determines that their that utilities would not be excluded someone intended it. That is why I am standard is one of strict liability, then from the definition of the term product asking the question of, what is your in- they are considered as products. but, in fact, are covered by this bill. tent? Is it your intent that just as in What you have done, you have swept Therefore, what came back from the the bill passed by the Senate, it is your claims against utilities under the bill. conference is not a change. That might intent that the exclusion means that My point is, 18 States have already de- be what you are arguing. I do not think utilities will be excluded, period? termined that in their courts with re- that is the understanding of most Mr. GORTON. I am sorry. Repeat it spect to claims against electric utili- Members of the Senate. again. ties alone, 14 have permitted strict li- I think, having read what left the Mr. DORGAN. Is it the intent, just as ability in claims against natural gas Senate on its face—it says on page 6, in the bill that was originally passed utilities and 11 have allowed the same ‘‘EXCLUSION,’’ that is, an exclusion not by the Senate, that the exclusion under standard of strict liability on water to be treated as a product includes: (B), page 6, would still remain, that utility cases. The fact is that there (ii) electricity, water delivered by a util- electricity, water delivered by a util- have been court cases and legislation ity, natural gas, or steam. ity, natural gas and steam are, in fact, on this very point. Thus, it appears it You might be arguing, I think, that excluded? They are not products? Is is already determined that claims although we might have read that as that the intent of the people that against utilities are going to fall under an exclusion, it never really was. Utili- wrote whatever they wrote in this con- the definition of ‘‘products’’ under this ties were really going to come under ference? bill. I am not trying to be antagonistic. this. We just did not understand the Mr. GORTON. Well, first I need to I voted for cloture before, and I voted application of the footnote on page 24, say that no outside group came and for this bill on final passage. I want to or you are making the case now that asked whatsoever. understand whether somebody decided what has been done in conference has Mr. DORGAN. I did not say ‘‘outside to bring a big moving van here and no impact at all on what the language group.’’ move something into this bill that no really means. What you are saying Mr. GORTON. The intent of the con- one on the floor understands. The then is that utilities are truly ex- ference committee drafters was to see ‘‘moving van’’ means loading up utility cluded, and what you have done com- to it that subsection (i) and subsection interests and putting it in. ports with the description under ‘‘tis- (ii) read the same way, because we had Let me frame it in as simple a way as sues, organs and blood,’’ and your in- already described them as having the I can. Is it the intention of those who tention is to make sure that utilities same meaning in the original Senate wrote this when it left the Senate, is it are not defined as a product but, in bill. There was an inconsistency. There the intention that utilities shall not be fact, are a service and are, therefore, they were described in the Senate bill, considered a product? Is it the inten- excluded under the definition section conference report, as having exactly tion that the language as written—it of this bill. I am not sure what you are the same meaning. So there is a change says under ‘‘exclusion’’ on page 6 that saying. only to the extent that something was utilities are not part of this bill. They Mr. GORTON. I would say the second already gone with respect to tissue, or- are not a product. They are excluded, is correct, with the exception if a State gans, and blood. period, end of sentence, just declara- wants to define it as a product and Mr. DORGAN. But you cannot de- tive, end of sentence. bring it under this bill, they can. scribe in the conference report what If that is the case—I want the answer Mr. DORGAN. But that is not what the language means. The language to that—if that is the case, one says the language says. It says it is ex- means what it says it means. that judgment has not changed, how do cluded unless the State defines it with My question, first, is, when this lan- we reconcile that with the changed lan- a standard of strict liability. guage left the Senate, did it mean that guage? That is what I am trying to un- I am saying to you that there are 18 utilities were excluded from the defini- derstand. I am not trying to take up States that already have this with re- tion of products? I thought it meant anybody’s time or cause trouble. I am spect to electric utility cases alone. that. Most Members of the Senate trying to understand exactly what this Are you saying, the way you have writ- thought it meant that. That is what I does and means with respect to utili- ten this, those 18 States have already think it says. Do you believe that is ties. I may be putting whoever is lis- decided this bill will cover electric what it says? tening to sleep, I am sure, but it is utilities? If that is the case, that is a Mr. GORTON. I think that is the case very important. remarkable change from what left the not only with electricity but with re- Just parenthetically, while I am ask- Senate. spect to tissue, organs, and blood. ing this question, I think this is one of Mr. GORTON. I am sorry. Mr. DORGAN. That is fine. I am not those interesting issues where there is Mr. DORGAN. Let me try it one more interested in those, but I am interested a little bit of truth on all sides, frank- time. The Senator is saying the States in electricity. ly. I know both sides immediately just can make the decision whether utili- Mr. GORTON. Let me finish. I think separate and say, ‘‘Well, you are ties are excluded or not. The bill passed it is exactly the same exclusion for wrong; we are right,’’ and, ‘‘We are by the Senate was very simple. On page both unless a State legislature has de- wrong; you are right.’’ The fact is there

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2373 is a little bit of truth on the product li- cause these are kinds of activities that not include electricity, water delivered ability issue in general. There are too have a potential for greater danger and by utility, natural gas or steam.’’ many lawyers in America too prone to so on, is it the intention of those who The answer I am hearing from the file lawsuits. I understand all that. I do have authored this to say for those Senator from Washington now is that not want to injure anybody’s rights to States that adopted that standard of you would have had to understood redress for grievance in our court sys- strict liability that we will offer pro- more than this language in order to un- tem if they get a defective product. tection of the utility industry under derstand the importance of it, because I have advanced this bill because it this bill? you are saying that this really meant was narrow enough, to me, and because I think, frankly, that is a substantial I thought it was a reasonable approach. except those 44 States, 18 of whom al- departure from what most people in ready had court cases on the issues of When I see the conference report, first this Senate would understand. I had of all, nobody pulled this out for us to standard of strict liability on electric thought originally some, incidentally, utilities. Those that adopt a standard say this was a change. However, the whom I have consulted with in the last more I look at it, the more it occurs to of strict liability will find that utili- 2 days or day on this, they say, ‘‘No, ties in their States have their products me that something has happened here you do not understand this. We do not that is of concern. I am trying to un- or their services defined as products in really mean utilities fall under this this bill. derstand what it is because you are bill.’’ That is comforting to me, except dealing with a very large industry—the the language seems at odds with that. There is something wrong here. electricity and the utility industry— I think what Senator GORTON is say- There is something that does not con- and something has changed this defini- ing is the way I read it, that those nect. I am trying to understand, be- tion. many States who have decided on the cause I have been a supporter, and I am So, I know that the Senator from standard of strict liability—and there trying to understand what does not South Carolina wanted to ask a ques- are many of them—will be told by this connect here. What are we trying to tion, but I have the two questions I piece of legislation that utilities, for avoid by including the exception? I want to ask: First, is it the under- them, will now be a product whose income from a school of nine people in standing of the folks that wrote this my graduating class, and we did not when we originally dealt with it in the terests will be protected by the limitations in this bill, and I daresay, I do have the highest math there or ad- Senate that the exclusion—very vanced reading, but I understand what straightforward on page 6—meant that not think there are two Senators on the floor of the Senate that understand I read, and it says, ‘‘the term ’product’ we were excluding utilities? End of the does not include electricity, water de- story. That was my notion. I voted for that to be the case. Can you respond to that? I am not livered by utility, natural gas or it. Was that the notion that everyone steam.’’ Period, end of story. else had who wrote this? It is pretty trying to cause trouble for you. I want hard to misread it. Even if you have to understand exactly what we are I voted for that. I say I agree with page 24 of the conference report, it is doing. that. Utilities are not covered as prod- not hard to misread what it says. It Mr. GORTON. The answer to the ucts because they are in the section says: question of the Senator from North Da- called ‘‘Exclusion.’’ Now I am hearing a kota is that in such States, such States EXCLUSION.—The term ‘‘product’’ description that says, ‘‘No, you only are subject to the restrictions of this does not include electricity, water de- read what was in the law. There was bill, exactly as they were under the in- livered by utility, natural gas or something else behind it.’’ So I am just steam. tention of the bill as it was originally trying to understand where we are. If passed by the Senate Commerce Com- someone can enlighten me. Where are Is your understanding the same as mittee and by the Senate itself, as is we with respect to utilities? mine, that under that bill utilities evidenced by the Senate committee re- were excluded? They were not to be Mr. HARKIN. Will the Senator yield port, and that the change in the statu- considered products for this bill? I ask for a question? tory language was simply to conform the Senator from Washington. the statutory language with the inten- Mr. HOLLINGS. Will the Senator Mr. GORTON. My understanding was yield? that it was the meaning as is stated in tion expressed in the committee report. Mr. DORGAN. We are both on the the conference committee report of the Mr. DORGAN. I guess. I do not know Senate Commerce Committee. I ask, do original bill that they were excluded that you will enlighten me. you think it was or is the intention of unless the State had defined them as a Mr. HARKIN. I have never heard of product and had subjected them to the Senate Commerce Committee to this. Can I ask a question? provide protection for utilities under strict liability. That was the meaning Mr. DORGAN. Well, who has the of the original bill and the meaning of product liability? Mr. GORTON. Under the same cir- floor, Mr. President? this bill. Mr. DORGAN. But the original bill cumstances that it would provide it for The PRESIDING OFFICER (Mr. JEF- was not written that way or under- any other similarly situated organiza- FORDS). The time is under the control stood that way by this Senator. tion, providing product liability proof the Senator from South Carolina. Is it your understanding there are vides it for any manufacturer, or for Mr. HOLLINGS. I will yield on my many States that have adopted a that matter, distributor, no matter own time just a minute. I say to Sen- standard of strict liability, which how large or how small. ator DORGAN, he is right on target. In would mean that the way you interpret The direction of the bill, the direc- the zeal to avoid using what is in- the provision in the original bill would tion of a product liability bill is to pro- tended—namely, the expression of redefine utilities as a product and provide a degree of predictability and a strict liability and nuisance—for utili- vide for utilities protection under this protection of the consumer interest for ties, as put in the juxtaposed position bill? the producers of goods—not services in in this language, where you have two Mr. GORTON. Do I have a specific this case—goods. If this is the descrip- exceptions, almost like a mathe- understanding of that or can I name tion that a State uses for its utilities, matical case of two negatives making a the States? I would have to answer the yes, the committee did intend to pro- positive. Yes, positively, utilities are question ‘‘no.’’ The committee report, vide exactly that protection, and that covered, wherein they have strict li- which I believe to be accurate, says is exactly what the committee report ability on nuisance tests. I have here in that most of the courts in most States says. my hand a majority of States that do treat these matters as matters that are Mr. DORGAN. Well, the bill that we have it. subject to a negligent standard, not to passed in the Senate Commerce Com- a strict liability standard. Certainly mittee that came to the Senate floor I ask unanimous consent to have this there are some States treating them as that I supported said this, and said printed in the RECORD. strict liability. only this; it had no caveats, no excep- There being no objection, the mate- Mr. DORGAN. But those who do tion, no exclusions. It said on page 6, rial was ordered to be printed in the adopt a strict liability standard, be- ‘‘EXCLUSION. The term ‘product’ does RECORD, as follows:

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2374 CONGRESSIONAL RECORD — SENATE March 20, 1996 THE FOLLOWING CHART INDICATES WHERE A CAUSE OF ACTION UNDER STRICT LIABILITY CAN BE BROUGHT BY AN INJURED PARTY

State Natural Gas Electricity Water

Alabama Alaska ...... State Farm v. Municipality of Anchorage, 788 P.2d 726, 729. Arizona ...... Mast v. Standard Oil Co., (1983) 140 Ariz 19; 680 P.2d 155 ...... Ramada Inns., Inc. v. Salt River Valley Water Users’ Assn’, 523 P.2d 496, 498–99 (Ariz. 1974). California ...... Davidson v. American Liquid Gas Corp. (1939) 32 Cal App 2d Pierce v. Pacific Gas & Electric Co. (1985, 3d Dist) 166 Cal Transamerica Insurance Co. v. Trico International Inc., (1985) 382, 89 P2d 1130. App 3d 68, 212 Cal Rpt 283, CCH. 149 Ariz. 104; 716 P.2d 1041. Colorado ...... Blueflame Gas, Inc. v. Van Hoose (1984, Colo) 679 P2d 579 .... Smith v. Home Light & Power Co., (1987, Colo) 734 P2d 1051, Barr v. Game, Fish & Parks Comm’n, 497 P.2d 340, 343 (Colo. CCh. Ct. App. 1972). Garnet Ditch & Reservoir Co. v. Sampson, 110 P. 79, 80–81 (Colo. 1910). Connecticut ...... Dunphy, et al vs Yankee Gas Services Co., (1995) Conn. Super. Carbone v. Connecticut Light & Power Co. (1984) 40 Conn Docket No. CV94–0246428S. Supp 120, 482 A2d 722 Delaware ...... Does not recognize strict liability in Tort For Products Liability Actions District of Columbia Florida Georgia Hawaii Idaho Illinois ...... Decatur & Macon County Hospital Asso. v. Erie City Iron Works Troszynski v. Commonwealth Edison Co., 356 N.E.2d 926. 923 (1966, 4th Dist) 75 III App 2d 144, 220 NE2d 590. (III. App. Ct. 1976) Genaust v. Illinois Power Co. (1976) 62 III 2d 456, 343 NE2d 465. Cratsley v. Commonwealth Edison Co. (1976, 1st Dist) 38 III App 3d 55, 347. Elgin AIrport Inn, Inc. v. Commonwealth Edison Col. (1980, 2d Dist) 88 Ill App 3d 477 Indiana ...... Southern Indiana Gas & Electric Co. v. Indiana Ins. CO. 91978) Petroski v. Northern Indian Public service COmpany (Ind. App. 178 Ind App 505, 383 NE2d 387. 1979) 396 N.E. 2d 933 Public Service Indian, Inc. v. Nichols (1986, Ind App) 494 NE2d 349 Hedges v. Public Service Co. (1979, Ind App) 396 NE2d 933. Iowa ...... Pastour v. Kolb Hardware Inc, (1969, Iowa) 173 NW2d 116. Koppinger v. Cullen-Schiltz & Associates (1975, CA8 Iowa) 513 F2d 901. Kellar v. Peoples Natural Gas Co., (1984) 352 N.W.2d 688. Kansas ...... Worden v. Union Gas System, Inc. (1958) 182 Kan 686, 324 P2d 501 Williams v. Amoco Prod. Co., 734 P.2d 1113, 1121–23 (Kn. 1987) Kentucky ...... Bryant v. Tri-County Elec. Membership Corp., 844 F. Supp. 347, Winchester Water Works v. Holliday 45 S.W.2d 9, 10–11, (Ky. 351. 1931). Louisiana ...... American secur. Ins. co. v. Griffith’s Air Conditioning (1975, La Sessums v. Louisiana Power & Light Co. (1981, CA5 La) 652 App 3d Cir) 317 So 2d 256. F2d 579 cert den 455 US 948, 71 L Ed 2d 661, 102 S Ct 1448 Maine Maryland ...... Dudley v. Baltimore Gas & Elec. Co., 98 Md. App. 182, 632 Voelker v. Delmarva Power & Light Co., 727 F. Supp 991, 994 A.2d 492. Minnesota Mississippi Missouri ...... McGowen v. TriCounty Gas Co. (1972, Mo) 483 SW2d 1 Hills v. Ozark Border Electric Cooperative 91986, Mo App) 710 Amish v. Walnut Creek Dev., Inc. 631 S.W.2d 866, 871 (Mo. Ct. Crystal Tire Co. v. Home Service Oil Co. (1971, Mo) 465 SW2d SW2d 338. App. 1982) 531 Covington v. Kalicak, 319 S.W.2d 888, 894 (Mo. Ct. App. 1959) Montana Nebraska ...... Rodgers v. Chimney Rock Public Power Dist. (1984) 216 Neb 666, 345 NW2d 12 Nevada New Hampshire New Jersey ...... Aversa v. Public Service Electric & Gas co., 186 N.J. Super, 30, 451 A.2d 976 (1982) Huddell v. Levin, 537 F.2d 726 (3 Cir. 1976) New Mexico New York ...... Farina v. Niagara Mohawk Power Corp. (1981, 3d Dept) 81 App Pixley v. Clark, 35 N.Y. 520, 531 (1866) Div 2d 700, 438 NYS2d 645. North Carolina ...... Does not recognize strict liability in Tort For Products Liability Actions North Dakota Ohio ...... Otte v. Dayton Power & Light Co., (1988) 37 Ohio St 3d 33, 523 NE2d 835 Oklahoma Oregon ...... McLeane v. Northwest Natural Gas Co., 467 P.2d 635 (Or...... Union Pac. R.R. v. Vale, Oregon Irrigation Dist., 253 F. Supp. 1970). 251, 257–58 (D. Or. 1966). Pennsylvania ...... Schriner v. Pa. Power & Light Co. 501 A.2d 1128, 1134 Pa. Super. Ct. (1985) Carbone v. Connecticut Light & Power Co., 40 Conn Supp 120, 482 A2d 722 (1984) Smithbower v. S.W. Cent. Rural Elec. Co-op., 374 Pa. Super. 46, 542 A.2d 140, appeal denied 521 Pa. 606 Rhode Island South Carolina ...... Priest v. Brown 91990, SC App) 396 SE2d 638 South Dakota Tennessee Texas ...... Smith v. Koening (1965, Tex Civ App) 398 SW2d 411 ...... Houston Lighting & Power Co. v. Reynolds; (1986) Tex App Anderson v. Highland Lake CO., 258 S.W. 218, (Tex. Ct. App. Houston (1st Dist)) 712 SW 22d 761. 1924). Texas & Prac. Ry. v. Frazer, 182 S.W. 1161, 1162 (Tex. Ct. App. 1916). Utah ...... Zampos v. U.S. Smelting, Ref. & Mining co., 206 F.2d 171, 176–77 (10th Cir. 1953). Vermont Virginia ...... Does not recognize strict liability in Tort For Products Liability Actions Washington ...... Zamora v. Mobil Corp. (1985) 104 Wash 2d 199, 704 P2d 584 ...... Johnson v. Sultan Ry. & Timber Co., 258 P. 1033, 1034–35 New Meadows Holding Co. v. Washington Water Power Co., 687 (Wash. 1927). P.d 212, 216 (Wash. 1984) West Virginia Wisonsin ...... Ransom v. Electric Power co., (1979) 87 Wis 2d 605, 275 NW2d 641. Koplin v. Pioneer Power & Light Co. (1990, App) 154 Wis 2d 487, 453 NW2d 214.. Kemp v. Wisconsin Electric Power Co. (1969) 44 Wis 2d 571, 172 NW2d 161. Wyoming ...... Wyrulec Co. v. Schutt (1993, Wyo 866 P2d 756.

Mr. HOLLINGS. I reserve the remain- services and are therefore not covered cumstance where we are saying in 44 der of my time. as products under this bill? districts they have strict liability, the If that is the case—and that is what Mr. DORGAN. Mr. President, let me services of a utility are now put under I thought was the case—then fine. But the entire provisions of this law, that continue to inquire. I will not take there is extra language here, where is a substantial change. much more time. I still do not under- there needs to be a record in the Sen- stand the answer. Is the answer that ate, that says here is exactly what this the utilities essentially are providing legislation means. If we have a cir-

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2375 Mr. GORTON. Let me summarize a bonus to its customers, that product of the damages created by that organi- response to the general concern ex- would be subject to this bill. The whole zation, ought to be imposed on the or- pressed by the Senator from North Da- logic of the bill is to provide a degree ganization, without regard to its hav- kota. Generally, at least in common of predictability to the law from State ing done anything wrong. That is what law, the provision of electricity has to State, which does not exist at the strict liability means. been considered a service. The provi- present time. That logic is every bit as You do not have to prove negligence sion of the service is not governed by applicable to a utility as it is to Gen- or that there was anything wrong at all strict liability. Strict liability is a con- eral Motors or to a small business that with what the particular organization cept that applies to products. is engaged in retail sales. did. You are still going to hold it lia- A number of States have determined Mr. DORGAN. Mr. President, I will ble. Well, that is the reason for the that there should be a standard of not take this further. But I say there is first subsection. Under those cir- strict liability applied to electricity a substantial difference between utili- cumstances, it seems quite logical that and, for that matter, to the delivery of ties and toasters. The reason I sup- you are not going to be required to pay blood, the subjects of the first sub- ported the bill is I think there has been for more than the damages that were section of that section. If a State too much litigation in this country; actually created. treats as a product the delivery of elec- some of the litigation is totally inap- Mr. DORGAN. If I may finally say, tricity, or the supply of blood, and sub- propriate. I supported it on that basis, you are absolutely correct about strict jects it to strict liability, it is subject to create a reasonable response with- liability. But the reason for the stand- to the provisions of this act. It was out abridging the rights of the people ard of strict liability is that there are meant to be subject to the provisions who want to sue, yet trying to reduce some kinds of activities that are suffi- of this act by the bill as it was reported the number of lawsuits in our country. ciently dangerous and contain suffi- from the Commerce Committee. It is I felt that was appropriate. cient risks that a strict liability stand- included as a part of the Commerce I am surprised at the description of ard has been determined to be in the Committee report. It was noticed sim- what the exclusion means on page 6 of public interest. ply by someone on the staff that, for the bill, as originally passed in the What I think you are saying is if, in some reason or another, subsection (2) Senate. The answer to the question I the case of utilities, a State determines omitted the language that was in sub- am asking this afternoon is that the that a strict liability standard is ap- section (1), and it was added during the new language in the conference report propriate, that is the same as a State course of the drafting of the conference does not alter what the old language defining a utility as a product. There is committee report. That was not in- intends to do. It was so clear on its no relationship between the standard tended to create any difference in the face. It says ‘‘exclusions.’’ The term and the product. I think most of us be- way in which the bill would have been ‘‘product’’ does not included electric lieve—— interpreted, in any event. It was in- and water delivered by utility, natural Mr. GORTON. But it seems to me, I tended to bring it into conformity with gas, or steam—period, end of section, say to the Senator from North Dakota, the committee report, and it has done end of story. There is nobody in my there is a relationship between the so. But if the fundamental question of hometown who could misread this. And standard and what kind of damages the Senator from North Dakota is, if a I did not misread it, I do not think. ought to be allowed over and above the State imposes strict liability under The answer now, I guess, is that the actual losses suffered by the victim. these circumstances and treats elec- added language of that section does not Mr. DORGAN. That is a different tricity as a product, it is subject to change the intended section because issue. The issue is under exclusion. The those provisions, and I say ought to be. the section was intended to mean term ‘‘product’’ does not exclude what? Mr. DORGAN. Imposing strict—— something that did not comport with The Senate has determined a product Mr. GORTON. If I can say one other the way it was read. does not exclude utilities—the Senator thing, obviously, this question did not So I guess legislation is a strange has been patient. I am trying to under- come up during the long debate we had process. I am trying to understand stand exactly the consequences of this a year ago. If it had, to the best of my what exactly does this bill do as we legislation. It is, while a boring subject ability, I would have answered the move along. There is plenty in the bill for some, nonetheless a very important question of the Senator the same way I I am satisfied with. I commend those subject with a lot at stake for the am answering now. That is what was who have created some provisions of American people. meant. Had I memorized this footnote this bill that I think advance the inter- Last evening, I read a fair amount at the time? No, I had not. I would ests most of us want to find common about this. It is not fun reading. It is have had to refer to it, but I would interest on. But I think it is obvious not a page-turner. But while I was have come up with the same answer. from the discussion that there is a sub- struggling through it, I was trying to Mr. DORGAN. The State deciding to stantial amount of misunderstanding understand exactly what we have done adopt strict liability with respect to a about what this exclusion means with and what the consequences will be. I utility does not put it in the category respect to utilities. personally think there is room for of products. I do not understand the Mr. GORTON. Let me try one other product liability reform, and I have mixing of the two. approach to this subject because it ap- voted that way and likely will continue Let me take it one step further then. plies equally to the two subsections of to. I am very concerned about that, If that is the case, what would the this section. The whole concept of and I will continue visiting with the logic be in saying to a State that be- many of these damages, especially pu- Senator about it. cause it decides to impose a standard of nitive damages, is a concept that is Mr. President, I yield the floor. strict liability on utilities—because po- based on a company doing something The PRESIDING OFFICER. Who tentially you have some very haz- wrong—in our case, and from some of yields time? ardous kinds of circumstances that can the definitions, egregiously wrong. It is Mr. HOLLINGS. I yield 15 minutes to exist with respect to electricity, steam, based on negligence or gross neg- the distinguished Senator from Iowa. natural gas, and so on. But because a ligence. When a State or a given orga- Mr. HARKIN. I thank the Senator. I State decides to impose strict liability nization is subject to a standard of have listened very carefully to the pre- on that, what would be the logic of say- strict liability, it is liable for all of the ceding colloquy, and I must say that I ing, by the way, you decided to do that, damages that it causes to an indi- read both the House and the Senate therefore, we will put the utilities vidual—in this case, using whatever it version of that, and I read what came under the protection of this law. I do is that the company produces, regard- in afterward in the conference report. not understand the logic of attaching less of whether it is negligent or not. It Quite frankly, I was opposed to this that. may have engaged in the highest stand- bill before, and now even more so, be- Mr. GORTON. Exactly the same logic ard of safety available for such an or- cause I think it is clear what happened that applies to the entire bill. If the ganization. Yet, a legislature or a Con- in conference. utility manufactured a toaster, which gress has determined that, for some As we have said now, 44 States, as I is clearly a product, and gave it as a reason or another, the whole cost, all understand it, have strict liability

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2376 CONGRESSIONAL RECORD — SENATE March 20, 1996 laws. Now those utilities will come in that, you ought to oppose this legis- islation strikes down only those as- under the purview of this bill and, lation because this takes power out of pects of State law that give citizens therefore, it will cap damages to the the hands of citizens and juries and more protection from defective prod- extent that it is my understanding now puts it in the hands of big Government. ucts. That is a one-two punch. that, under this bill, for example, the Plain and simple, this bill is big Gov- The bill passed by the Senate last Seminole pipeline and natural gas fa- ernment, big business, and it is a big year was bad, and this conference re- cility in Texas, exploded in 1992, killed mistake. port is worse. It is far more extreme. It three, injured a lot, caused a lot of Now, of course, most businesses do preserves some of the worst provisions damage in two counties, and a jury not set out to harm consumers with of the Senate bill, like the elimination awarded $46 million in punitive dam- their products. Obviously not. But of joint and several liability and the ages. It is my understanding that now, sometimes faulty products do make it cap on punitive damages, and expands under this bill, that will not be able to to the market, and sometimes they other areas resulting in a bill that is happen after this. make it to the market through care- the consumers’ worst nightmare. So I thank the Senator from North lessness or through sheer disregard of Let me talk for a couple of minutes Dakota for bringing that out. I had not the public safety by those manufactur- about the elimination of joint and sev- focused on that before. ers. Sometimes people get hurt and die eral liability for noneconomic dam- Mr. President, I want to say that the because of it. In the zeal to pass this ages. Again, it violates the golden rule debate over product liability has been conference report, let us not pass over of responsibility and accountability. clouded by misinformation and anec- the victims. There is a lot of talk You do not have to worry about being dotal evidence, which is substituting about the victims. Let us talk about accountable and making sure the vic- for a careful consideration of the facts. the victims—the children severely tim is wholly compensated unless the Mr. President, you know, every time burned by highly flammable pajamas, victim has a high-paying job. The Sen- a jury is impaneled, they are told by a women who die from toxic shock syn- ator from Louisiana talked about that judge they should consider only the drome, women with silicone breast im- earlier. Eliminating joint and several facts, not hearsay, not speculation, but plants who have now lupus and liability for noneconomic damages only the facts. Well, Mr. President, we scleroderma. eliminates the protections particularly are sort of sitting as a jury here. We Again, I want to make it clear that for women, children, and elderly, be- ought to consider the facts. But what most businesses are responsible. Most cause noneconomic losses constitute a we have before us in this legislation— businesses take due care and concern. greater proportion of their total losses. what we are hearing is hearsay, specu- But there are those who do not. The So, again, this bill is antiwomen, it is lation, and a distortion of the truth. If, current product liability system is antichildren, and it is antielderly. I do in fact, this Senate finds in favor of the based on a fundamental premise that not understand that. We are supposed conference report, and we were a jury, we want to make sure that people—av- to be for individual workers. And, yet, the judge would be well within his pur- erage citizens of this country—have what this says is that if you have a view to dismiss the jury for not adher- the assurance that when they buy a high-paying job, you are worth more ing to the instructions of the court and product, when children consume a than a child or worth more than an el- following the facts of the case. product, when they travel on our high- derly person who has been a home- It is wrong for a jury to decide on way, they can be reasonably certain maker. You are worth more than they anything other than the facts, and it is that what they are using, consuming, are. wrong for us to legislate based on anec- or buying is not going to harm them. Under current law, joint and several dote and misinformation, but that is Part of that is our responsibility, and liability enables an individual to bring what we are doing. This is not com- that is why we have health and safety one lawsuit against the companies that monsense reform. This is nonsense re- and food inspection laws. That is why are responsible for the manufacture of gression. This bill ought to be called we have left untouched in our country a dangerous, defective product and the caveat emptor bill of 1996, throwing the common law that we inherited have the defendants apportion fault us back to the old days when it was from Great Britain that goes back sev- amongst themselves if the jury finds buyer, beware. If you bought some- eral hundred years, the concept of tort for the plaintiff. Under joint liability, thing and it hurt you, tough luck— feasor, the concept that someone must victims are compensated fully for their buyer, beware. That is what this bill is take due care or concern that his ac- injuries even if one or more of the about. It turns back the clock years. tions do not harm others, and if they wrongdoers is insolvent. In the midst of all the legalese, it is do, that person must be held account- Our civil justice system is founded on hard to sort out what is really at stake able and responsible. Those are the the principle that the victim deserves here. It is really very simple. We are core values embodied in our Nation’s the greatest protection. This bill turns talking about people’s lives. We are laws. It is the essence of the common that basic value on its head. It says we talking about their health, and we are law. It goes back several hundred should protect the wrongdoer. This bill talking about their happiness and years. says they deserve protection. about families. My friend from North Dakota said we Mr. President, consider one case, the This bill is about as antifamily, have too many lawyers in this country. Claassen family of Newhall, IA. Bill, antihuman rights as I have ever seen. I do not know about that, but I do be- Jeanne, his wife, and their 4-year-old What the bill does is places economic lieve that more knowledge of law and a son, Matt, were returning home from a worth on a higher plateau than indi- love and respect of law—and especially family gathering on November 6, 1993, vidual work. I find that totally objec- the common law that we have inher- in their 1973 Chevrolet pickup. Another tionable. ited—makes us a more decent and a driver failed to stop at a stop sign and We have heard a lot of words about more law-abiding citizenry. That is rammed into the passenger side of the need to promote values of greater what we are forgetting here. We are their pickup at a speed of about 30 responsibility and accountability. If forgetting the history of tort feasance. miles an hour. Eyewitnesses confirmed you believe in those values, you ought For the life of me, I do not understand that the Claassen’s pickup imme- to oppose this bill because it absolves how people argue about we ought to be diately burst into flames on impact. wrongdoers from responsibility and personally responsible and now saying The flames raced up the outside of the does not hold them fully accountable we do not have to follow that admoni- passenger door and engulfed Jeanne for their actions. tion. Claassen’s face in flames. We have heard a lot of talk about With this legislation, we all know The Claassen’s son, Matt, was seated sending more power to the States. If that punitive damages awarded for between Bill and Jeanne in the pickup. you are for that, you ought to oppose grossly negligent behavior are capped. Bill struggled to get Matt out of the this because this puts power in Wash- But in their efforts to make the prod- truck before returning to rescue his ington. We have heard a lot of talk on uct liability system uniform across the wife. He was unable to rescue her and the floor about putting more power in United States, supporters have fash- was convinced that she had died in the the hands of the people. If you believe ioned a one-way preemption: This leg- fire. Witnesses who arrived on the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2377 scene immediately after the collision bill, Mrs. Claassen would be out of The PRESIDING OFFICER. Who heard Bill telling his son that his luck. yields time? mommy had died and gone to heaven. The elimination of joint liability for The majority manager is recognized. Jeanne Claassen survived and is still noneconomic damages forces our legal Mr. GORTON. Mr. President, I yield recovering today. Her face and head system to make a value judgment 10 minutes to the Senator from Rhode permanently disfigured, she has not based upon your economic worth, and Island. been able to return to her job as a med- that is why this bill is so antiwoman The PRESIDING OFFICER. The Sen- ical technician. They are reluctant to and antifamily. ator from Rhode Island is recognized. take her back because of her appear- Last, let me just talk about capping Mr. CHAFEE. Mr. President, first of ance. She continues to undergo painful punitive damages. I think I heard ear- all, in connection with the remarks of surgery to regain some semblance of lier the Senator from Connecticut say- the distinguished Senator from Iowa, I her former self. Her young son Matt ing $250,000 is a lot of money. point out there is an additur provision often relives that nightmare in his Mr. President, I have here a list of in this bill dealing with punitive dam- school drawings, once drawing an igloo the amount of money made by CEO’s of ages. I do not want to debate that engulfed in flames. He sometimes has our major corporations. I figured out whole thing here; I only have 10 min- trouble relating to the different way how long it would take to reach the utes, but I would stress that point of his mother now looks. cap of $250,000. which perhaps the Senator was not The Claassens are currently in litiga- The CEO of Boeing makes $1.4 mil- aware. tion to recover damages from the two lion a year. It would take 9 weeks of Mr. President, yesterday, I briefly parties involved in this accident, the his salary to reach this cap. Do you outlined the history of this legislation, driver of the other car and the General think that is going to be a deterrent to which represents now 15 years—15 Motors Corp. that manufactured the Boeing? IBM, it would take 5 weeks. years; that is a long time—we have truck. Sears & Roebuck, it would take 1 been debating this liability reform act. The driver of the other car has no month. That is not a deterrent. It started in 1981 when Senator Kasten, personal assets, and her insurance will When this bill first came to the floor, of Wisconsin, introduced the first bill. only cover some of Jeanne’s many con- in good faith I offered an amendment Finally, here we are today with a fair tinual medical expenses. General Mo- which I thought would tend to balance and a reasonable bipartisan bill that tors has been under criticism for refus- things out. I am opposed to caps, but I not only has passed both Houses but ing to recall the 1973 and later models said if you are going to have a cap, let did so with strong majorities. The of the C/K pickups. These model trucks us put the cap at twice the annual House approved a broader bill, not this have the fuel tanks outside of the compensation of the CEO of the cor- one but a broader one, which I presume poration. That way it protects small frame rail of the vehicle, making them those on the other side would find more businesses because, if you are a CEO of more susceptible to the type of acci- offensive. They passed that 265 to 161, a a small business, you do not have much dents like Jeanne Claassen’s. very substantial majority. In the Sen- money every year so you would have By eliminating joint and several li- ate, the bill that we passed had 61 votes less exposure, but if you are a CEO ability for noneconomic damages, this in support of it, 61 out of 100. legislation will make it potentially making $20 million a year, well, then So with a track record like that, you more difficult for Jeanne Claassen to twice that would be the limit on the might think product liability reform cap. be compensated for her loss if the court would soon become law. But here we I lost on that amendment, but to me rules in her favor. The driver of the are faced with two major obstacles, a it still makes better sense than what other car is insolvent, and once the in- we have in this bill of saying $250,000 or cloture vote this afternoon to protect surance money runs out, GM will not twice the compensatory damages, against further filibustering on this necessarily have to chip in to cover ex- whichever is greater. This defeats the issue, and, worse than that, a newly penses. But Mrs. Claassen’s pain and purpose of the deterrent effect of the raised threat of a Presidential veto. If suffering will continue. product liability laws. They have made this bill does not make it past the pro- This legislation says that it really a difference. Ford Motor Co. redesigned cedural hurdle of cloture, or if the does not matter about her, it does not the Pinto only after a $125 million law- President does not reconsider his matter about the exploding fuel tank suit was awarded in which a 13-year-old threat of a veto, this bill will not be- when awarding noneconomic damages. boy was severely burned when the come law. If one of them cannot pay, if one of the Pinto he was riding in burst into To be prevented from succeeding at defendants cannot pay, we will just flames. this point, I must say, is particularly stick it to Mrs. Claassen. But—and The PRESIDING OFFICER. The Sen- galling. After all, I suspect that this here is the rub in this bill—if Mrs. ator’s 15 minutes have expired. bill has seen more roadblocks in the Claassen was a CEO making millions of Mr. HARKIN. Yet evidence showed last 15 years than any other bill we dollars a year for a major corporation, Ford Motor Co. knew it was a faulty have seen here. Indeed, I venture to this bill would not hesitate to take design, but they went ahead anyway guess that product liability has been care of her economic losses. She does because they said it would cost less to subject to more cloture votes than any not have a big economic loss, but she have to pay it out in damages than to other subject. There were 2 cloture has personal losses. She has pain and redesign the car. votes in 1986, 3 in 1992, 2 in 1993, 4 in suffering. She has a lot of loss in her Mr. President, what this bill does is 1995, for a total of 11 cloture votes in life. This bill says, tough luck. If she it lets those tort feasors off the hook. all. Yet, it seemed in this new Congress had been the CEO of a major corpora- I know my time is up. I could go on we were going to win it; once and for tion making 20 million bucks a year, and on. Quite frankly, we should not all this gridlock would be ended. this bill would have been for her. But say that simply because you make a Drafting of this bill was a bipartisan not for this Mrs. Claassen. What kind lot of money you are going to get effort right from the beginning. It is of discrimination against human awarded more damages, more punitive not a Republican bill; it is a Repub- beings are we about to engage in if we damages will be assessed against some- lican-Democratic bill, a bipartisan bill. approve this conference report? one if you make more money than if The White House was well aware of Mr. President, there are a lot of you are a homemaker or a child or an what was going on. The White House things I object to in this bill, but that elderly person. That is discrimination watched closely as the Senate took up is what I find most objectionable—eco- of the worst sort. the bill and began adding amendments. nomic losses are more important than I hope and I trust we will not invoke It is my understanding that it was the human losses, pure and simple. If you cloture on this bill and that we can administration, during the Senate de- have money, this bill is for you. But if continue to abide by the principles of bate in May, that quite helpfully sug- you suffer the loss of consortium, if individual work and responsibility and gested the addition of the so-called you suffer the loss of one of your fam- accountability in our country. additur provision to the final version. ily, pain and suffering, disfigurement, I thank the Senator for yielding me So, as I say, it went sailing through sorry, you are out of luck. Under this this time. here, 61 to 37. What happened to change

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2378 CONGRESSIONAL RECORD — SENATE March 20, 1996 the White House’s attitude? Did the If the injured person was under the This bill represents an unwarranted intru- bill change dramatically in conference influence of drugs and alcohol and that sion on state authority, in the interest of from what went through here in the condition was more than 50 percent re- protecting manufacturers and sellers of de- sponsible for the event that led to the fective products. Tort law is traditionally Senate? The answer is, hardly at all. It the prerogative of the states, rather than of was clear to all that the House’s broad injury, the defendant cannot be held Congress. In this bill, Congress has intruded tort-reform bill would not be approved liable. on state power—and done so in a way that by the administration. Therefore, to If plaintiff misused or altered the peculiarly disadvantages consumers. As a their credit, the conferees, representa- product—this is the one we see so often rule, this bill displaces state law only when tives from the House and representa- in the area I come from, people have that law is more beneficial to consumers; it tives from the Senate meeting to- altered machinery and equipment that allows state law to remain in effect when gether, decided to stick closely to the they have purchased—in violation of that law is more favorable to manufacturers the instructions or warnings to the and sellers. In the absence of compelling rea- Senate version that had passed so over- sons to do so, I cannot accept such a one-way whelmingly and that seemed to have contrary, or in violation of just plain street of federalism, in which Congress de- White House support. So the bill that common sense, then the damages are fers to state law when doing so helps manu- we will vote on today, or the bill that reduced accordingly. I just cannot un- facturers and sellers, but not when doing so we are dealing with, is virtually iden- derstand why we ought to blame the aids consumers. tical to the Senate-passed bill that won manufacturer for behavior that every- I also have particular objections to certain provisions of the bill, which would encourage such strong approval. one knows would place the product user at risk. That does not seem fair to wrongful conduct and prevent injured per- I do not know why the President ap- sons from recovering the full measure of pears to have changed his mind. I can- me. Does that not contradict our no- their damages. Specifically, the bill’s elimi- not believe he is personally opposed to tion of an individual’s personal respon- nation of joint-and-several liability for non- a Federal liability law for, as a Gov- sibility? The person has to have some economic damages, such as pain and suf- ernor, as Governor of Arkansas, the sense of responsibility here. fering, will mean that victims of terrible President sat on the National Gov- The bill allows injured persons to file harm sometimes will not be fully com- ernors’ Association committee that an action up to 2 years after the date pensated for it. Where under current law a joint wrongdoer will make the victim whole, drafted the first National Governors’ they discovered or should have discovered the harm and its cause. For dura- under this bill an innocent victim would suf- Association resolution dealing with fer when one wrongdoer goes bankrupt and Federal liability reform. ble goods, the actions may be filed up cannot pay his portion of the judgment. It is Here we have a copy of the letter to 15 years after the initial delivery of important to note that companies sued for from the President to Senator DOLE the product. These also seem to me to manufacturing and selling defective products setting forth the reasons for the veto. be fair. stand a much higher than usual chance of I ask unanimous consent the letter Either party may offer to proceed to going bankrupt; consider, for example, manufacturers of asbestos or breast implants or be printed in the RECORD at the conclu- voluntary, nonbinding, alternative dis- intra-uterine devices. sion of my remarks. pute resolution. The most controversial element of In addition, for those irresponsible compa- The PRESIDING OFFICER. Without nies willing to put profits above all else, the objection, it is so ordered. the bill, I suppose, is the punitive dam- bill’s capping of punitive damages increases (See exhibit 1.) ages. I remind my colleagues that the incentive to engage in the egregious mis- Mr. CHAFEE. We are told it is an these damages are separate and apart conduct of knowingly manufacturing and ‘‘unwarranted intrusion on State au- from compensatory damages. The com- selling defective products. The provision of thority.’’ Yet, the National Governors’ pensatory damages are meant to make the bill allowing judges to exceed the cap in certain circumstances does not cure this Association enthusiastically supports the injured party whole. The punitive damages are awarded where there is problem, given Congress’s clear intent, ex- this measure. pressed in the Statement of Managers, that We are told the bill would ‘‘encour- ‘‘clear and convincing evidence’’ prov- judges should do so only in the rarest of cir- age wrongful conduct because it abol- ing ‘‘conscious, flagrant indifference to cumstances. ishes joint liability.’’ But joint and the right of safety of others.’’ The The attached Statement of Administration several liability, it has been pointed amount of punitive damages may not Policy more fully explains my position on out, applies still to economic damages. exceed two times the amount awarded this issue—an issue of great importance to The letter accuses the bill of for compensatory loss or $250,000, American consumers, and to evenly applied whichever is the greater. principles of federalism. ‘‘increas[ing] the incentive to engage Sincerely, Again, I must say I have had trouble in the egregious conduct of knowingly BILL CLINTON. with punitive damages for a long time. manufacturing and selling defective Several Senators addressed the I have great difficulty understanding products.’’ I do not find this charge Chair. makes much sense. Then it goes on to the basis of that; certainly that the pu- The PRESIDING OFFICER (Mr. nitive damages go to the plaintiff in- say that the ‘‘additur’’ provision the FRIST). Who yields time? White House itself put in here, the pro- stead of the State for retraining of Mr. HOLLINGS. Mr. President, I vision being that the judge himself can those who are committing the errors. yield 10 minutes to the distinguished increase the punitive damages—the It might be manufacturers, it might be Senator from Wisconsin. White House had a hand in drafting physicians, whatever it is. But I have The PRESIDING OFFICER. The Sen- that—now they say that is not ade- great difficulty understanding why in ator from Wisconsin. quate. the world punitive damages should go Mr. FEINGOLD. Mr. President, I rise So I do not think any of these three to the plaintiff. today to speak in opposition to the statements that the President has in In conclusion, I pay my compliments conference report on the Common his letter represents what this con- to Senators ROCKEFELLER, GORTON, Sense Product Liability Legal Reform ference report really would do. I think PRESSLER, and LIEBERMAN for the work Act. Supporters of this legislation have that is very, very unfortunate. they have done on this. I certainly urge made the claim that this bill will ben- To my judgment, this bill is sound the President to reconsider his position efit manufacturers, investors and busi- and reasonable. Under the bill, those and join the bipartisan coalition sup- ness owners and workers. They also say who sell but do not make products— porting this very important legisla- it will benefit consumers. Yet, to my sell the products but not necessarily tion. knowledge, this bill is opposed by vir- having made them—are liable only if I urge him to sign this bill into law. tually every group in the country that they did not exercise reasonable care. EXHIBIT 1 represents working people and con- If they offered their own warranty and THE WHITE HOUSE, sumers and children and the elderly. it was not met, or if they engaged in Washington, March 16, 1996. One of the reasons for this is that the intentional wrongdoing, obviously they Hon. BOB DOLE, claims that have been made on behalf Majority Leader, U.S. Senate, Washington, DC. will be liable. But they cannot be DEAR MR. LEADER: I will veto H.R. 956, the of this bill do not really add up. The caught up in a liability suit where they Common Sense Product Liability Legal Re- people who support this bill claim the did nothing wrong. I do not see much form Act of 1996, if it is presented to me in bill would set uniform Federal stand- trouble with that. this current form. ards for product liability legislation.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2379 They claim uniformity is essential and satory damages. That sounds pretty So last May, we considered a product that knowing the laws are going to be uniform, does it not? But read the liability bill that the supporters tried the same everywhere you go is abso- small print. to characterize as much more moderate lutely critical for business interests If a State has a law that is more re- and much narrower than the product that might be unsure of what the mar- strictive—more restrictive—than the liability bill considered in the 103d ketplace and a legal system of a par- Federal cap, then that particular State Congress. But in many cases, the bill ticular jurisdiction will hold for them. law prevails. If a State has a law that we considered last May was worse than That is the whole basis of this bill. is less restrictive than this Federal its predecessor. For example, they That is the core concept, that you have cap, then, and only then, the Federal dropped the 25-year statute of repose to to have this uniformity across the cap prevails. only 20 years. Why? Once again, good board, or businesses really will not Moreover, under this bill, those question. The committee report for the know what to do in terms of location, States that currently simply prohibit Senate-passed legislation conspicu- business location decisions. punitive damages, do not allow them at ously left out that footnote from last I would like to use my time to speak all, they would be permitted to con- time about the machine tool testimony about two aspects of this notion of uni- tinue to not allow any punitive dam- and just makes no mention whatsoever ages. formity. First, let us remember that as to why 20 years was selected for that So what does this mean for American this legislation marks an unprece- bill. Instead, the committee report pro- consumers? It means the consumers dented event. We are, for the first time, and children and the elderly living in motes the consistency of the 20-year imposing the demands of the Federal different States with different sets of statute of repose with the General Air- Government in an area of law that has, laws will have substantially different craft Revitalization Act of 1994 that for 200 years, been the sole domain, the protections from injuries and defective was passed by this body in 1994. It also justifies a Federal statute of sole province of the States. I thought products. this was a Congress devoted to devolu- Mr. President, so much for the uni- repose on the basis that Japan is poised tion, not to the Government at Wash- form Federal standards and so much to enact a short 10-year statute of ington making mandatory rules. for the idea that this bill is somehow repose. So now, apparently, the Japa- I thought that was the mantra of the fair and equitable and beneficial to nese Government knows better than new Republican majority, that the consumers. the State of Wisconsin how to properly States know best, that most of the But what this really is is sort of a administer civil justice in cases involv- time the best decisions are those that one-way preemption of State laws, and ing Wisconsin litigants. I wonder how are made by the folks back home and it is grounded on the premise that the Framers of the Constitution would not by the decisionmakers in Wash- some States know better than others feel about that assertion, Mr. Presi- ington. I remember time and time and that some Americans can properly dent. again the majority leader coming down serve on juries but others cannot. With What is too bad is, in this conference to the Senate floor and telling us it this new concept of, let us call it, selec- report before us, it does not end there was time to ‘‘dust off the 10th amend- tive federalism, perhaps we should because, as I said, the conference re- ment.’’ change the words above the Supreme port before us does not have a 25-year I remember when the Speaker of the Court so they read ‘‘Equal justice statute of repose, does not have a 20- other body went on national TV last under the law, unless you live in the year statute of repose, it even has now spring and in an address to the Nation following States,’’ and then list the ap- a significantly shorter 15-year statute said the following: propriate States. of repose. So we have gone from 25 to 20 This country is too big and too diverse for Mr. President, I also find it abso- to 15, and they call this a moderate Washington to have the knowledge to make lutely ludicrous that the supporters of bill. the right decisions on local matters. We’ve this bill would suggest that we are pro- Again, what in the world is that 15 got to return power back to you, to your viding uniformity when we are going to years based on? It strikes me as being families, your neighborhoods, your local and have completely different standards completely arbitrary and it seems less State governments. and rules throughout the 50 States. If I concerned with what the life expect- Mr. President, what happened to had to pick one provision of this bill ancy of certain products should be and those words? What happened to the that demonstrates how nonsensical more concerned with making sure we 10th amendment? What happened to this notion of uniformity is, I would pass as short a statute of repose as can the need to address local problems on have to choose the provisions seeking possibly be done politically. the local level? All this talk about to reestablish a new Federal statute of Finally, Mr. President, worse, this States rights is about to go right out repose. takes us back to the issue of selective the window as we usurp over 200 years This bill creates a new Federal stand- preemption of State authority over li- of State control over their tort sys- ard for the number of years a manufac- ability laws. Under this conference re- tems. turer or product seller can be held lia- port, if a State legislature has decided We have a bill before us that has as ble for harm caused by a particular against having a statute of repose or its central premise the notion that the product. Known as a statute of repose, has decided on a statute that is longer Federal Government is a better admin- that period is 15 years under this con- than 15 years, then this new Federal istrator of justice than the States and ference report. law will override the judgment of that that the U.S. Senate is better suited to Why 15 years? Where did that come State legislature. determine the outcome of a civil trial from? It is a good question. The prod- Again, when you really look at this than are 12 average Americans sitting uct liability legislation considered in bill, it is not about uniformity at all. It in a jury box. the 103d Congress, written by the same will lock in a lack of uniformity and How troubling that, at a time when two principal authors, contained a 25- different treatment throughout the Americans are so distrustful of their year statute of repose. Why? Well, a States and not provide the central pur- Government, we in Government are not footnote in the committee report from pose of the bill, as I understand it, willing to trust Americans to admin- that Congress justified the 25-year which is to provide all the businesses ister civil justice. But I suppose that limit by pointing out that, according in the country with some kind of uni- for the sponsors of this bill, this is a to testimony received by the Com- formity. reasonable price, so long as we get merce Committee, and I quote, ‘‘30 per- So, Mr. President, on behalf of all the some uniformity in our laws. cent of the lawsuits brought against consumers who will be affected by this, Unfortunately—and I really want to machine tool manufacturers involve as well as the concern about uni- stress this—this bill has about as much machines that are over 25 years old.’’ formity, I simply must say that this uniformity as a circus parade. Look at Therefore, Mr. President, presumably conference report should be defeated. the new punitive damage cap contained the authors of this bill, last time I yield the floor. in the bill. That provision caps puni- around, selected 25 years as the life ex- Mr. DODD addressed the Chair. tive damages in most cases at the high- pectancy of all products manufactured The PRESIDING OFFICER. Who er of $250,000, or two times compen- in the United States. yields time?

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2380 CONGRESSIONAL RECORD — SENATE March 20, 1996 Mr. GORTON. I yield 5 minutes to ing the status quo. But that is not the ALCOHOL AND DRUGS the Senator from Connecticut. case. Under this bill, defendants would The PRESIDING OFFICER. The Sen- As I mentioned earlier, consumers have an absolute defense if the plaintiff ator from Connecticut. are denied innovative products and was under the influence of intoxicating Mr. DODD. Mr. President, I thank my must pay higher prices for products. alcohol or illegal drugs and the condi- colleague. I will try to use less time And what about people who are injured tion was more than 50 percent respon- than that, because I know my col- by the products that do make it to the sible for the plaintiff’s injuries. This league from Washington has several re- marketplace? Do they benefit from the provision, it seems to me, is nothing quests for additional time. current system? The answer is no. more than common sense. Why should First of all, let me commend our col- A General Accounting Office study a responsible company pay for the ac- leagues from West Virginia and from concluded that it takes almost 3 years tions of a drunk or a drug user? Washington for their tremendous work for a case to be resolved. That is 3 PRODUCT SELLERS on this legislation. They have spent years that an injured person must wait The bill also institutes reforms to countless months, indeed years, work- to be made whole. Regrettably, this help product sellers. They would only ing on this issue. I want to express my delay leads many injured people, par- be liable for their own negligence or gratitude to them and the gratitude of ticularly those with very severe inju- failure to comply with an express war- my constituents in Connecticut. They ries, to settle for less than their full ranty. Product sellers who are not at have dealt with a complicated, sen- losses. fault can get out of cases before run- sitive issue in a forthright manner, al- Clearly, the present system is bro- ning up huge legal bills. But as an lowing all to have a full say in what ken. We need to fix it and the con- added protection for injured people, ought to be included in the legislation. ference report makes some important this rule would not apply if the manu- I strongly urge our colleagues to sup- repairs. My colleagues have already facturer could not be brought into port their effort, the Common Sense discussed some aspects of the bill, but court or if the claimant would be un- Product Liability and Legal Reform let me highlight some provisions that able to enforce a judgment against the Act of 1996. are particularly important. Mr. President, I am not new to this UNIFORM SYSTEM manufacturer. issue. During this debate, I have been First, by providing Federal standards PUNITIVE DAMAGES playing a supporting role to the efforts in certain areas, this measure will pro- In my view, the conference report of Senator ROCKEFELLER and Senator vide a more uniform system of product also strikes an appropriate balance on GORTON. But I began working on this liability. These standards will add punitive damages. There are reasonable issue 10 years ago, when I joined with more certainty to the system, and help limitations on punitive damages, but our former colleague, Jack Danforth, reduce transaction costs. the judge could award a higher amount and attempted to fashion a product li- When you consider that 70 percent of against large businesses if the limited ability bill. None of our efforts ever all products move in interstate com- punitive damage award is insufficient merce, Federal standards make sense. made much headway through the legis- to deter egregious conduct. The National Governors Association lative process, but I think we helped supports this approach. The associa- BIOMATERIALS lay a foundation for the measure we tion has testified: The biomaterials provision also ad- are considering today. dresses a critical problem. It would Mr. President, when I ask the busi- The United States needs a single, predictable set of product liability rules. The adop- limit the liability of biomaterials sup- nesses in my State to list the single tion of a Federal uniform product liability pliers to cases where they are at fault, most important issue to them, they code would eliminate unnecessary cost, and establish a procedure to ensure tell me that it is product liability re- delay, and confusion in resolving product li- that suppliers, but not manufacturers, form, more so than taxes or any other ability cases. could avoid unnecessary legal costs. issue. This is particularly true of my ALTERNATIVE DISPUTE RESOLUTION This provision will help ensure that smaller manufacturers, the tool and The provision in the bill that encour- Americans continue to have access to die makers, and other industries that ages the use of alternative dispute res- lifesaving and life-enhancing medical are supported by larger companies like olution will also help reduce the exces- devices. United Technologies, Sikorsky, and sive costs in the current system. Cur- My colleague from Connecticut, Sen- Electric Boat. This is the issue they rently, too much money goes to trans- ator LIEBERMAN, authored this proposal care more about than anything else. action costs—primarily lawyers fees— and I commend him for his excellent Across this country, manufacturers and not enough goes to victims. effort. are spending seven times more to pre- A 1993 survey of the Association of pare for product liability cases than Manufacturing Technology found that BALANCED LEGISLATION they are on research and development. every 100 claims filed against its mem- The provisions I have outlined dem- Because of these costs, innovative bers cost a total of $10.2 million. Out of onstrate the balance this legislation products never make it to the market. that total, the victims received only strikes between consumers and busi- There is no question, for example, that $2.3 million, with the rest of the money nesses. In the final analysis, the re- there would be more research into an going to legal fees and other costs. forms in the bill should strengthen the aids vaccine if companies were not Clearly, we need to implement a better product liability system for everyone. fearful of the current product liability system in which the money goes to Mr. President, I commend the con- system. those who need it—injured people. ferees for staying so close to the Sen- Additionally, the high costs of litiga- STATUTE OF LIMITATIONS ate bill. In my view, the House bill tion raises the cost of many products. Consumers will also benefit from a went too far. It contained provisions This so-called tort tax accounts for an statute of limitations provision that that would have applied in a wide estimated 20 percent of the cost of a preserves a claim until 2 years after range of cases, including medical mal- ladder, 55 percent of the cost of a foot- the consumer should have discovered practice. ball helmet, and 95 percent of the cost the harm and the cause. In many cases, The stakes of legal reform, the rights of childhood vaccines. injured people are not sure what caused and responsibilities of all Americans, The excessive costs of the product li- their injuries, and by the time they fig- warrant a more cautious approach. ability system also hurt the competi- ure it out, they have often lost their There are some areas of our legal sys- tive position of American companies. ability to sue. This legislation will pro- tem where problems must be addressed. Some American manufacturers pay vide relief for people in such situations Securities litigation and product liabil- product liability insurance rates that and allow them adequate time to bring ity are obvious examples, but we are 20 to 50 times higher than their for- a lawsuit. should avoid wholesale changes. eign competitors. This legislation will also improve the The conference report we are debat- Of course, if this system were work- system for businesses—from large man- ing today takes the right approach. It ing well for consumers, that would be ufacturers to the hardware store down is a moderate measure that makes an important argument for maintain- the street. modest reforms. It strikes a careful

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2381 balance between the needs of con- percent. In the past 25 years, U.S. employ- The baby-boom generation, combined with sumers and businesses, and should help ment has increased 59 percent and we have the influx of women into the workplace and improve the product liability system created more than five times as many net high levels of immigration, has brought on jobs as all the countries of Europe combined. the largest increase in the supply of labor in for everyone. Even in areas like U.S. manufacturing, to American history. Since 1968, the number of Before closing, let me again com- take a favorite topic of media concern, the Americans seeking jobs has shot up by 52 mend Senator ROCKEFELLER and Sen- picture is not so bleak as news reports, or a million workers, a factor which has had the ator GORTON for their excellent work cursory look at the data, might suggest. Ac- inevitable effect of slowing wage growth on this legislation. As I discussed ear- cording to government statistics, around 1.7 since so many more people were out in the lier, this conference report has very million manufacturing jobs disappeared be- market competing for jobs. few changes from the Senate bill that tween 1988 and 1993. But many of the posi- Currently there are still too many workers tions shed by manufacturers were never the with inadequate skills struggling to fit they crafted so carefully. They have assembly line jobs typically associated with themselves into an economy that increas- also done a superb job in keeping this manufacturing in the first place. Rather, a ingly demands higher levels of education. legislation moving forward. sizable portion of the eliminated positions But demographics will be on the side of the I urge my colleagues to vote for clo- were back-office jobs like payroll and ac- workers in coming years. For one, four times ture and help pass this conference re- counting, which are now contracted out to as many Americans have college degrees port. companies that the Labor Department clas- today compared with just 50 years back. Mr. President, I yield back whatever sifies as ‘‘service sector’’ firms. It’s also More importantly, the generation now enter- worth remembering that millions of jobs are ing the work force is one-third smaller than time I may have remaining to our dis- created in other sectors as a direct result of tinguished colleague from Washington. the baby-boom generation, which will inevi- manufacturing. It happens when a new res- tably push up employee compensation. A Mr. HOLLINGS addressed the Chair. taurant locates near a manufacturing plant, labor force that is older and more experi- The PRESIDING OFFICER. The Sen- the so-called ‘‘multiplier effect.’’ And it hap- enced also commands generally higher com- ator from South Carolina. pens when jobs that were considered by the pensation, a factor that filters down through Mr. HOLLINGS. Mr. President, be- government to be manufacturing are spun the entire labor market. fore I yield to the distinguished Sen- off—the most common example being GM’s Meanwhile, many jobs are going wanting. ator from Minnesota, I ask unanimous transfer of its data-processing to EDS, a Some manufacturers are so desperate for move that overnight classified thousands of skilled assembly line workers that they’ve consent to have printed in the RECORD jobs from manufacturing to service. an article entitled ‘‘In Defense of Big taken to hiring professional recruiting firms The data can be equally misleading when it to help them find qualified applicants. The (Not Bad) Business’’ from the Wash- comes to wages. It has by now been widely owner of one Northern Virginia firm told me reported that median household incomes, ad- ington Post. that software developers who commanded justed for inflation, have been falling for There being no objection, the article $30,000 five years ago now demand, and get, nearly two decades, and by 7 percent since was ordered to be printed in the $50,000 a year. And a newly released study of 1989 alone. But the wage decline doesn’t take software programmers nationwide shows RECORD, as follows: into account other factors that greatly miti- many veteran code writers can command sal- IN DEFENSE OF BIG (NOT BAD) BUSINESS gate its effect. First, the size of the average aries that exceed $100,000. (By Jerry J. Jasinowski) American family has been declining meaning John F. Kennedy’s oft-repeated maxim Engaging in class warfare and anti-indus- the typical household paycheck is being that ‘‘a rising tide lifts all boats’’ is as true spread over fewer people. And when the over- trial rhetoric has become the favorite blood today is it was 35 years ago. Unfortunately, statement of inflation contained in the con- sport in this political year. the tide hasn’t been rising very fast lately. sumer price index is eliminated, income We have the unlikely duo of presidential Though much of the news about the economy candidate Pat Buchanan and Labor Sec- growth actually climbs by 15 percent. Nor do such statistics take into account is positive, it’s also true that economic retary Robert Reich warning us about anx- growth during the current expansion has ious workers and their stagnant wages. A the fact that workplace compensation has undergone radical changes in recent years. been hovering around 2 percent, roughly half seven-part treatise in the New York Times that of previous post-war expansions. Yet, blames corporate callousness for the ills of As studies by the Federal Reserve and others have shown, employees nowadays receive a given improvements in corporate produc- society, while Newsweek recently threw the tivity of late, both in manufacturing and mugs of four leading American business ex- much greater share of their compensation in the form of various benefits—health care, more recently in the service sector, there is ecutives on its cover under the headline paid vacation, pensions, incentive payments, no reason our growth rate can’t be lifted to ‘‘Corporate Killers.’’ bonuses, commissions and profit sharing. at least 3 percent a year. If that happened, How quickly perceptions change. Little Using this broader measure of total com- we would inevitably see substantial new eco- more than a year ago I was invited to ad- pensation, workers are even better off than nomic activity and jobs gains for workers at dress an international gathering of corporate they were in the 1970s. all skill levels. and political leaders in Davos, Switzerland, It is also important to remember that So why isn’t the economy growing faster? to talk about an American industrial renais- workers with the right skills and in the right Pat Buchanan would have us believe that sance that had restored the United States to fields are sharing handsomely in the econo- it’s because our free-trade policies have al- the top spot among the world’s economies my’s growth. A study by Princeton Univer- lowed other countries to benefit at the ex- for the first time in nearly a decade. And in- sity economist Alan Krueger showed that pense of Americans. But if anything, the op- stead of warning of Japan’s industrial might, employees who use computers on the job posite is true. Exports, in fact, have been re- a constant theme throughout the 1980’s, I earn 15 percent more than those who don’t. sponsible for roughly one-third of U.S. eco- found myself describing a quality and pro- Indeed, a wage boom has been underway for nomic growth over the past decade. Accord- ductivity revolution that has led to record some time in many high-tech firms. Assem- ing to a new report by the Manufacturing In- job creation in the United States. bly-line positions in the technology sector stitute and the Institute for International No one in this country seems to know it or now typically pay anywhere from $50,000 to Economics, American firms that export care, but while Americans have been busy $75,000 annually, including bonuses. And in goods or services have experienced a job berating our capitalist system with unbri- part because of automation that has raised growth rate almost 20 percent higher than dled enthusiasm, the U.S. economy has be- the skill-level required to perform all kinds comparable non-exporting firms. Exporters come the envy of the industrialized world. of jobs on the factory floor, manufacturing are 9 percent less likely to shut down, and Indeed, the current anxiety over jobs and workers in any field now earn an average of they pay their workers as much as 10 percent wages illustrates the verity of the notion $40,000 annually, for companies like Cypress more than firms that do not export, the that a big enough lie, repeated often enough, Semiconductor in San Jose, Calif., com- study found. If anything, we should be fig- can take on the trappings of reality. I may pensation is even higher. The average worker uring out ways to open up markets across be fashionable—and in some cases politically in this 1,900-person company, including line the world, not stir tensions in a way that expedient—to argue that American workers workers and receptionists, earns $93,000 a could set off a trade war. are underpaid, underappreciated and on the year including benefits. It’s also time we question whether the Fed- brink of losing their jobs. Some are—and Even more important than what the num- eral Reserve is keeping interest rates unduly these concerns need to be addressed. But to bers tell us about the present is what they high, and whether we should continue allow- suggest that this is the prevailing phe- tell us about our future. It is true that, while ing government to keep the tax burden so nomenon taking place in our economy is the wage picture is not as bleak as we’ve high. The median two-wage earner family wrong, or at the least, a very distorted view been led to believe, there is reason for con- carries total tax burden—federal, state and of reality. cern. But a number of powerful trends sug- local—of 38.2 percent, up from 27.7 percent in While corporate downsizing gets the head- gest that several of the factors that have 1955. This amounts to more than $5,000 a year lines, the American economy has quietly kept take-home pay lower than expected and for the typical family. Payroll taxes, which grown richer—gaining more than 8 million job in security higher than desired are self- represent the largest single tax on millions net new jobs since 1992 and putting our un- correcting. Others are well within our power of middle income Americans, have grown at employment rate at an historically low 5.5 to fix. four times the rate of incomes. While this

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2382 CONGRESSIONAL RECORD — SENATE March 20, 1996 last tax is technically paid by employers and Commerce Department and ask what tongue and virtually all of her lower employees alike, it amounts to a direct hit they are interested in, they say they jaw. Despite reconstructive surgery, on employees because most companies sim- are interested in capital gains. ‘‘We are her face and ability to speak will never ply pass on the burden in the firm of reduced not going to really spread our influence be the same. wages and benefits. So does all this mean business should be around. On the contrary, we are going I cannot imagine the pain that Nancy let off the hook? Certainly not. I would be to fight for capital gains and let the must have undergone or the pain that the last to exonerate business completely of Commerce Department and the Presi- she undergoes every day, nor can my the charges coming at them of late. Take the dent take care of that.’’ colleagues. If one of the responsible issue of wages. It’s true that many compa- I yield 7 minutes to the distinguished parties in her case was unable to pay nies have done a lot to share their success Senator from Minnesota. their fair share, should she go uncom- with their workers. Last month, for example, Mr. WELLSTONE. I thank my col- pensated for some of that pain or while the press was busy maligning IBM for league. I thank the Senator from South should the other responsible parties its layoffs, the computer maker announced it Carolina. would spend more than $200 million increas- have to make it up? Unless you are cer- ing employee bonuses, not just for top execu- Mr. President, I ask my colleagues to tain, colleagues, that it is more impor- tives but for the rank and file. And at Coca- consider the faces of people who will be tant to protect those other parties, Cola, where nearly one-third of the workers hurt by this provision. Think of who usually have been found to be neg- own company stock, each employees’ hold- LeeAnn Gryc from my State of Min- ligent, than to compensate Nancy for ings shot up in value by an average of $70,000 nesota who was 4 years old when the her pain, you should not support this over the last 15 months. pajamas she was wearing ignited, leav- bill. If you do, you will be hurting real The problem is that not enough companies ing her with second and third degree people, you will be hurting real people. are putting a priority on performance-re- burns over 20 percent of her body. An Statute of repose now cut down to 15 lated compensation. People should be paid based on the quality of their performance, at official with the company that made years. Jimmy Hoscheit was a boy at every company, and no matter how lowly the the pajamas had written a memo 14 work on his family farm when he was job appears. If only the top executives are years earlier stating that because the hurt. I met Jimmy last year when he sharing the largess—or if bonuses are climb- material they used was so flammable was in my office telling me his story. ing when profits are shrinking—something is the company was ‘‘sitting on a powder He was using common farm machinery, wrong. keg.’’ consisting of a tractor, a mill, and a The other area that needs more corporate This bill contains a cap on the puni- blower, all linked together with a attention is education and training. Again, tive damages a plaintiff could receive. power transfer system, much like the many companies are investing significant How would this affect LeeAnn? We are sums, but too many others aren’t. In a con- drivetrain on a truck. The power of the stantly changing work environment, honing talking about people, we are talking tractor was transferred to the other skills and keeping up with the latest tech- about consumers. They may not be the equipment by way of a spinning shaft, nology is an essential priority for all compa- heavy hitters, or the big players, but a shaft covered by a freely spinning nies that intend to remain competitive. Yet that is who we are talking about. metal sleeve. The sleeve is on bearings right now, the average company spends It all depends on what kind of com- so if you were to grab the sleeve, it roughly 1.5 percent of its payroll on em- pensatory damages the jury awards. would stop moving, while the shaft in- ployee training and education. To my mind, Are we really willing to sit here in side would continue to powerfully ro- that figure needs to double. Washington and dictate to LeeAnn and The United States still offers the best em- tate at a very high speed. ployment opportunities in the world. But if other victims of defective products how Apparently when Jimmy leaned over it is to stay that way, it will require a new much is enough to punish and deter the the shaft to pick up a shovel, his jacket social compact in the workplace. That people who hurt them? touched the sleeve and got caught on doesn’t mean guaranteed job security—which The jury’s role. By capping punitive it. However, instead of spinning free on is impossible in today’s highly competitive damages this bill takes power out of the internal shaft, the sleeve somehow world. But it does mean employment secu- the hands of the jury. This particularly was bound to the shaft, became rity; ensuring that workers acquire the confounds me. People on juries are fine wrapped in Jimmy’s jacket and tore training and skills to move up the ladder, if when they are electing Members of the Jimmy’s arms off. His father found him not at one company, then at another. Senate to their jobs. But apparently For employees, it means that instead of flat on his back on the other side of the thinking of themselves as victims, they some of my colleagues do not trust shaft. The manufacturer could have should be investing in their own futures. them to sit in judgment of their peers. avoided all of this if it just provided a And, in exchange for their hard work, they They sit in judgment of us, do they simple and inexpensive chain to anchor should insist that corporations keep up their not? Are they not usually the finders of the shaft to the tractor. end by helping to fund the cost of training, facts? How is it that they lose their I ask you, should Jimmy be able to and by rewarding financially those who help competence in the short trip from the bring suit against the manufacturer? themselves. ballot box to the jury box? What if the product was over 15 years Mr. HOLLINGS. This particular arti- Elimination of joint liability. In Min- old? Does that make his injury and his cle refutes the statement by the Sen- nesota we struggled with this problem pain any less severe? ator from Connecticut. Big business is and we have come to a middle ground. A similar question can be asked doing fine. They are not worried about Joint liability only applies to wrong- about 6-year-old Katie Fritz, another new products. They are competitive. doers who are over 15 percent respon- Minnesotan whose family I was privi- They are making the biggest profits. It sible. But this bill would say that Min- leged to meet when we began consider- goes right back to the official hearings nesota’s solution is not good enough. ation of the bill. This is about real peo- we had with the conference report, risk This bill would preempt Minnesota’s ple. Katie was killed when a defective managers. Over 432 risks managers sat law with an extreme measure, one that garage door opener failed to reverse di- there and said it was less than 1 per- my State at least has chosen not to rection, pinning her under the door, cent of the cost of the product. embrace. and crushing the breath out of her. So we can hear these statements that Again, Mr. President, real people, We do not know how long some of this is the No. 1 thing they are worried faces I would like my colleagues to see these machines can last. If that garage about, and everything of that kind and before they vote. Nancy Winkleman, a was at a business and was over 20 years holding things back, but under the Cor- Minnesotan I met last year who was in old, Katie’s family could not have sued nell study, product liability cases are a car crash. Because a defective car the manufacturer. There would not be diminished by 44 percent in the last underride bar failed to operate prop- any question of capping punitive dam- decade and, yes, industries are suing erly, the hood of her car went under ages or having joint liability for non- industries like Pennzoil suing Texaco the back of a truck and the passenger economic damages. They simply would for a $10 billion verdict. Those things compartment came into direct contact not be allowed to the courthouse door. occur. with the rear end of the larger vehicle. Mr. President—the big picture—on But this is not the No. 1 interest of Without the benefit of her car’s own behalf of people like LeeAnn, Jimmy, business. The No. 1 interest of business, bumper to protect her, she was se- Katie, Nancy, real people, consumers, I that I have been trying to defend in the verely injured, losing part of her urge my colleagues to reach into their

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2383 hearts and do the right thing, and to rise in opposition to the conference re- that punitive damage awards do not reject this bill. I yield the floor. port to H.R. 965, the Commonsense threaten the viability of businesses. Mr. HOLLINGS addressed the Chair. Product Liability Legal Reform Act of In addition, this measure discrimi- The PRESIDING OFFICER. The Sen- 1996. nates against women, children, and re- ator from South Carolina. Before I lay out my reasons for ob- tirees. Women are most likely to be Mr. HOLLINGS. Mr. President, I ask jecting to this conference report, I victims of such dangerous products as unanimous consent to have printed in would like to express my dismay that Dalkon shields, Copper-7 intrauterine the RECORD a letter dated only yester- while appointed as a conferee, I was devices, high estrogen birth control day from Mothers Against Drunk Driv- never invited to participate in the con- pills, super-absorbent tampons and sili- ing in opposition to the bill. ference. I am very disappointed that cone gel breast implants. These prod- There being no objection, the letter the legislative process has deteriorated ucts all were justly held liable for puni- was ordered to be printed in the to this level where diverse views are no tive damage awards and were removed RECORD, as follows: longer welcome. from the market. Had this bill been in MOTHERS AGAINST DRUNK DRIVING, A critical analysis of the conference effect, punitive damage awards in these Irving, TX, March 19, 1996. report to H.R. 965 reveals that the bal- cases would have been severely limited Re H.R. 956 Conference Report. ance tips in favor of product producers and the impetus for these companies to Members of the U.S. Senate, Washington, DC. at the expense of injured women, chil- remove these dangerous products from DEAR SENATOR: On behalf of the more than 3 million members and supporters of Mothers dren, retires, and the poor. the market may not have been as Against Drunk Driving (MADD) and the This measure provides a series of lim- strong. thousands of victims of drunk drivers crash- itations on the ability of victims to re- H.R. 956 also makes noneconomic es in this country, I urge you to oppose the cover from the manufacturers of defec- damages more difficult to recover. H.R. 956 Conference Report (The Common tive products, while it expressly ex- Again, women, children and the poor Sense Product Liability Act of 1996). While it empts the big businesses who support are disproportionately impacted. It may not have been the intent of the sponsors this bill from those requirements. fundamentally alters the traditional and supporters of this legislation to limit or For example, if company A purchases concept of joint and several liability by restrict the rights of drunk driving crash a piece of factory equipment from com- eliminating joint liability. H.R. 956 victims to be fully compensated for the harm pany B, and that piece of equipment is they have suffered, this will be one of the un- places the harm caused by defective intended consequences of this bill in its defective and explodes, company A can breast implants, or a women’s loss of present form. sue company B for all of its lost profits her ability to bear children, or the dis- It is clear that alcoholic beverages will fall caused by the disruption of company abling of a child, in a secondary posi- within the meaning of ‘‘product’’ in this bill A’s business. On the other hand, the tion to that of the lost salary of a cor- and the term ‘‘product liability action’’ in family of the poor worker who is oper- porate executive. the bill means ‘‘any civil action brought on ating the machine at the time it ex- The corporate executive who misses any theory of harm caused by a product or ploded must face the limitations in the work because of an injury caused by a product use.’’ The limitations and restrictions imposed by this legislation will limit bill to recover. Further, if the piece of product is unfettered in his ability to recovery by victims of drunk driving crashes machinery is 15 years old or older, the recover millions because he can easily against sellers who irresponsibly serve in- worker or his family cannot recover at establish his economic damages. How- toxicated persons or minors who subse- all while the business faces no such ever, if a young woman loses her abil- quently cause drunk driving crashes killing limitation. ity to ever become a mother because of or seriously injuring innocent victims. De- The punitive damage limitation in a defective contraceptive device, she is fendants in these dram shop cases will be this bill causes me tremendous con- made to endure additional difficulties able to use the defenses and protections pro- cern. I find it ironic that in the puni- to recover compensation and, under the vided to them by this legislation to prevent tive damage section of the bill, it these innocent victims from being fully com- bill, faces the risk of not being able to pensated for the harm they have suffered. clearly indicates that punitive dam- collect her damages at all since these The caps on punitive damages contained in ages may only be awarded in the most are noneconomic. This is inherently this reform legislation will directly benefit serious cases. Yet later in that same unfair. those who irresponsibly serve alcoholic bev- section it provides that the amount of On a very personal note, if I may, Mr. erages to obviously intoxicated persons and damages that can be recovered for President, thank God that provisions minors in violation of existing laws and in these most serious cases is limited to of this law were not part of the Amer- total disregard for the safety of the citizens the greater of 2 times the economic and ican military laws at the time I had who drive on our highways. In 1994, 16,589 people were killed and an estimated 950,000 noneconomic damages of $250,000. That the privilege of serving this country in were injured in drunk driving crashes in this same section further limits the ability uniform. On May 30, 1947, I was retired, country. Punitive damages have historically to recover damages by creating a spe- not as a general, not as a colonel, but been allowed against defendants as a means cial rule protecting individuals of lim- as a small captain. I was awarded at of ‘‘protecting the public’’ and ‘‘deterring ited net worth and business or entities that time the sum of $175 a month for dangerous conduct.’’ I know of no more ap- with a small number of employees. The the loss of my arm. I would like to be- propriate case for the imposition of punitive construction of this section is facially lieve that my arm is worth much more damages without limitations than drunk inconsistent with its intent. than that. But Uncle Sam did not for- driving and dram shop cases. The limitations I would also like to debunk the myth on recovery of non-economic damages and get us. That amounted to $2,100 per joint and several liability are additional that punitive damage awards threaten year. Today, Uncle Sam, understanding roadblocks this legislation puts in front of the viability of many business. The evi- the rising cost of living, is now award- drunk driving crash victims. dence indicates otherwise. Punitive ing me $19,140 a year tax free. For the reasons outlined above, MADD damages are rarely awarded in product In addition to that, Uncle Sam sees urges you to oppose the H.R. 956 Conference liability cases. In ‘‘Demystifying the to it that if I desire, I can receive med- Report. The defects and unintended con- Functions of Punitive Damages in ical services for the rest of my life. The sequences of this bill can be corrected and we Products Liability: An Empirical same thing for my spouse. I have re- can avoid this rush to judgment which will have a devastating impact on drunk driving Study of a Quarter Century of Ver- ceived free education as a result, re- crash victims. dicts’’ (1991), author Michael Rustad ceiving my law degree. If this provision Sincerely, concludes that consumer products are was in effect at that time, I would end KATHERINE PRESCOTT, responsible for an estimated 29,000 up receiving $175 a month, if I am National President. deaths and 30 million injuries each lucky, for the rest of my life. In other Mr. HOLLINGS. Mr. President, I year. Between 1965 and 1990, punitive words, Mr. President, Uncle Sam has yield 10 minutes to the distinguished damages were awarded in only 353 prod- paid me in damages, and never once did Senator from Hawaii. uct liability cases—91 of which in- they ask me, is this the most serious of The PRESIDING OFFICER. The Sen- volved asbestos claims. In addition, he cases? They did not ask me about ator from Hawaii. states that approximately 25 percent of strict liability. It made no difference Mr. INOUYE. Mr. President, I thank these awards were reversed or re- whether I fell off a jeep or was struck my colleague for this opportunity to manded upon appeal. It is apparent by a shell. I received in excess of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2384 CONGRESSIONAL RECORD — SENATE March 20, 1996 $383,000. I think the least that can be greater of $250,000 or two times the first is the section, or the move of the done is to do the same for fellow citi- claimant’s compensatory damages. It section, on negligent entrustment. zens. is critical to note that it is two times Negligent entrustment, as it was pre- The PRESIDING OFFICER (Mr. GOR- compensatory damages, not just eco- sented in the Senate bill, applied to the TON). The Senator from Tennessee. nomic damages. Two times compen- entire bill, and now, in this bill, it has Mr. FRIST. Mr. President, I yield satory damages will still permit huge been placed in a section on ‘‘Liability myself 5 minutes. punitive damages awards in almost all Rules Applicable to Product Sellers, Mr. President, I rise today to speak product liability cases where such pu- Renters, and Lessors.’’ This move, I am in support of the Commonsense Prod- nitive damages are appropriate. told, also then places a cap on punitive uct Liability Legal Reform Act of 1996. The damage awards in this country damages in negligent entrustment ac- This piece of legislation has been craft- will still be astronomically higher than tions, and subjects them to the limita- ed carefully. It is tempered. It is mod- in any other industrialized nation, but tions on joint and several liability. erate. It is bipartisan. at least there will be some limits that This is a problem to me because, in We now live in the most litigious businesses can hang their hats on. If the event of automobiles and drunk country on Earth, and we are paying a that were not enough, the trial judge is drivers, guns sold or given to people huge price as a result. Year after year, given the discretion to award even who misuse them, this could have an companies are forced to lay off workers more if he or she thinks it is appro- impact on the kinds and types of suits or shut down entirely because of the priate. This is not a hard cap. All it and the amount of judgments derived staggering cost of product liability in- does is inject an element of predict- therefrom. Therefore, my belief is that surance or because of the threat of out- ability into our legal system. this entire issue of negligent entrust- rageous damage awards that in many If you asked most citizens in this ment needs to be clarified so that we cases bear no relation whatever to the country whether or not they think it is are certain that the exception applies underlying claims. This bill will help fair to cut off lawsuits 15 years after a throughout the entire bill. stem that tide. It will help preserve product was manufactured, most would Second the statute of repose. Cali- jobs, particularly manufacturing jobs, agree that is eminently reasonable. fornia has no statute of repose. The and it will help create jobs. And even this modest limit does not proposed statute of repose in the Sen- At a time in our country when there apply in cases involving motor vehi- ate bill was 20 years, and now it is is so much focus on worker unrest, so cles, vessels, aircraft, passenger trains, down to 15 years in the conference re- much focus on the loss of good manu- or in any case involving toxic harm. port. The bill provides, however, that facturing jobs, when there is so much At the end of the day, when you fin- any State with a statute of repose that talk about finding ways to stimulate ish sifting through the opponents’ con- is under 15 years prevails. California, the economy, this is an easy call. It is cerns with this bill, it is clear that the with no statute of repose, cannot have a bipartisan bill. It is supported by 90 trial lawyers are exercising an inordi- a higher standard and maintain no percent of the American public. We all nate amount of political muscle. Their statute of repose. But a State with a know that the only real group that op- opposition to this bill is clearly in lesser standard of, let us say, a 10-year poses it is a small band of plaintiff’s at- their own interest. But it is bad poli- statute of repose, can prevail. To me, torneys who have become wealthy at tics, and it is terrible policy. this is unsatisfactory. For my vote, I the expense of the public at large. It is American workers and American would have a very difficult time having the trial lawyers and a few special in- businesses need this bill. Industry a statute of repose in a bill which is terest groups that are preventing this trade associations report that today 30 less than 20 years. I believe it sends a wrong signal to bill from becoming law. percent of the price of a step ladder, 33 U.S. manufacturers. I believe it sends a Mr. President, critics of the House- percent of the price of a general avia- message to manufacturers all across Senate compromise are concerned tion aircraft, 95 percent of the price of this great land that they can, in fact, about the violation of States rights. a childhood vaccine are all due to costs manufacture less durable and perhaps This is one area where a federalism ar- of product liability. I urge my colleagues to support this even less safe products, because their gument simply does not hold water. bill, and I urge the President to time for liability is cut dramatically, The Framers of the Constitution val- rethink his position. certainly from no statute of repose to a ued local decisionmaking and they I yield the floor. 15-year statute of repose. This is a dra- wanted to avoid an overly centralized Mr. HOLLINGS. Mr. President, how matic change in the bill. Federal Government. However, one im- much time do I have remaining? The third point is the definition of portant exception they recognized was The PRESIDING OFFICER. The Sen- durable goods. Durable goods are sub- the need to have Federal control over ator has 9 minutes, 22 seconds. ject to the statute of repose. In the def- interstate commerce and trade. Mr. HOLLINGS. I yield 7 minutes, 22 inition on page 4 of the conference re- Alexander Hamilton, in Federalist seconds to the distinguished Senator port, section 101, subsection 7, one No. 11, wrote about his concerns that from California. comma has been deleted and one has diverse and conflicting State regula- Mrs. FEINSTEIN. Mr. President, I been added. I must say that what could tions would be an impediment to Amer- supported the Senate-passed product li- be just grammatical has caused a mael- ican merchants. Today, the abuses in ability bill, and I am very proud of strom of interpretation and misinter- our product liability system have that. I think the findings in the con- pretation. And I, frankly, do not know reached the point where they are, in- ference report very clearly state why who to believe. deed, a major impediment to interstate there needs to be a product liability This may be a drafting error, or it commerce. The Commerce Department bill, not the least of which is some uni- may be an intentional change in mean- had reported that over 70 percent of the formity all the way across the broad ing. But many people point out to me goods manufactured in a particular consumer market, known as the United that this change of a comma could State are shipped out of that State and States of America. While I supported change the definition of durable goods. sold. Moreover, the National Gov- the Senate-passed bill, the conference The fourth point I would like to ernors’ Association, the obvious pro- report, I believe, raises some new ques- make has to do with the additur provi- tector of States rights, has adopted tions, points of controversy that, since sion, and this relates to punitive dam- three resolutions calling on Congress I am not a lawyer, I cannot resolve. I ages. I believe it needs further clari- to enact a uniform Federal product li- ask one party and they say one thing; fication. As I understand the additur ability law, most recently in January I ask another party and they say an- provision in this conference bill, it proof 1995. other. This may mean clarification is vides that if a State has a cap on puni- Opponents of this legislation have needed. It may mean that substantive tive damages and does not authorize an also argued the so-called hard cap on changes need to be made. But surely, it additur, then a judge is unlikely to punitive damages. But there is no hard means, I believe, that we should send have the authority to award punitive cap on punitive damages. The bill per- this bill back to conference. damages above the State cap. I believe mits punitive damages to be awarded I want, very briefly, in the time af- this needs to be cleared up by the con- against large businesses up to the forded me, to make five points. The ference committee.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2385 My fifth point has to do with bio- sad thing is the posturing is being done mittee, and both consummate profes- materials. I come from a State with for the benefit of certain special inter- sionals, also put in a great many hours many responsible companies who are ests. Tragically, if the special interests in this process. Finally, the House very concerned about the possibility of win, the American people lose. Commerce Committee shared jurisdic- losing their supplies of raw materials. BRIEF HISTORY OF THE STRUGGLE FOR REFORM tion over this measure, and I think and They need this legislation because they Mr. President, over the past 15 years commend Chairman BLILEY for his produce lifesaving devices, whether the Commerce Committee has held 23 leadership. Robert Gordon, counsel to they be pacemakers, or heart starters. days of hearings on product liability the House Commerce Committee, I was visited by a very young woman reform. In this Congress, the com- proved a dedicated and significant who had a condition in which her heart panion measure to H.R. 965—S. 565— member of the team of staff—all of periodically would just stop, and she was reported by the Commerce Com- whom worked so hard on this con- had an implanted device that would re- mittee on April 6, 1995. The bill marked ference agreement and legislation that start her heart. Her heart would some- the seventh reform bill reported by the preceded it. Again, I thank them all. times stop when she was asleep. The Commerce Committee since 1981. I I know many—including many of our people that made some of the materials have been involved deeply in the prod- colleagues in the other body—would that went into this device essentially uct liability reform movement since have liked to see much broader reform. would not provide it absent some re- that time. I was an original cosponsor Indeed, many in this body wanted lease from liability. of the Risk Retention Act that became more. So why this fairly narrow and But, as presently drafted, biomate- law in 1981. This legislation provided moderate approach? The short answer rials suppliers—including suppliers of for liability insurance pools—so-called is: expansion was not possible. We component parts—can be liable only if risk retention groups—for businesses. I tried. Last April 24 the Senate began they fail to meet their contract speci- chaired Small Business Committee consideration of the legislation. Over fications, or if they fail to properly field hearings in Sioux Falls and Rapid the next 21⁄2 weeks—and some 90 hours register their materials with the FDA. City, SD, on this issue in 1985. of debate—the Senate considered and First, I think we need a better defini- Over the years, I sponsored numerous voted on over 30 amendments. tion of what is a ‘‘component part’’ in product liability reform bills with Ultimately, the Senate passed a bill the bill to ensure that this does not some of the great leaders in this area very similar to the legislation reported sweep too broadly, and to ensure that including Senators Kasten and Dan- by the Commerce Committee. In the this language would not allow certain forth. These gentlemen are no longer following months, we negotiated with manufacturers of devices to escape li- Members of this body, but this legisla- our colleagues in the other body who ability. I believe it is also very impor- tion is their legacy. I want to commend had passed a much broader bill. Again, tant that raw materials suppliers who them for their excellent work. They activity centered around the possi- know that their products pose a poten- truly pioneered much of this effort. It bility of expanding the scope of the tial hazard and fail to disclose such has brought us to this point. We would Senate bill. Mr. President, the bill that harm should be held liable for knowing not have gotten this far without them. has emerged from conference is—vir- Let me also take a moment to com- behavior. tually—the Senate-passed bill. It is ex- mend two of our current colleagues— I thank the Chair. traordinarily close to the legislation Senators GORTON and ROCKEFELLER— Mr. PRESSLER. Mr. President, this we sent out of the Commerce Com- for their hard work and dedication to should be a great day. It should be a mittee last spring. The Senate should this process. They have given years of great day for small business. It should pass it again. labor to a cause in which they both are be a great day for employees of those The conference agreement is nar- committed and have done so in an ex- businesses. It should be a great day for rower than many of us would like. traordinarily bipartisan fashion. I also consumers. It should be a great day for However, while limited in scope, it is know Jeanne Bumpus and Trent those unfortunate enough to be injured an excellent piece of legislation. This Erickson of Senator GORTON’s staff and by defective products. bill is fair, balanced, and well reasoned. As chairman of the Committee on Tamera Stanton, Jim Gottlieb, and Indeed, it is a moderate package of re- Commerce, Science, and Transpor- Ellen Doneski with Senator ROCKE- forms. It also keeps faith with what we tation I am extremely pleased and FELLER have given much of the past set out to accomplish—it provides sub- proud to see the Senate take up consid- year, and in some cases more time than stantial reform to a legal system that eration of the conference report to H.R. that, to this effort. On my own staff, I is broken. 965, the Commonsense Product Liabil- want to commend Tom Hohenthaner, ity Legal Reform Act of 1996. This is deputy chief of staff for the Commerce HIGHLIGHTS OF THE CONFERENCE AGREEMENT historic. Never in almost two decades Committee, who has worked this issue Mr. President, let me highlight some of work have we gotten this far. I am for years and in this Congress managed of those much-needed reforms: deeply saddened, however, by the Presi- what has often been a tortuous process. Punitive damages. The conference dent’s announced intention to veto this I also thank Lance Bultena, counsel for agreement provides that punitive dam- important legislation. the Consumer Subcommittee, for his ages may be awarded in a product li- I am also quite puzzled. You see, as dedicated efforts. ability case if a plaintiff proves, by Governor of Arkansas, Bill Clinton in Let me next pay tribute to House Ju- ‘‘clear and convincing evidence,’’ that August 1991, sat on the committee that diciary Committee Chairman HENRY his or her harm was caused by the de- drafted and unanimously approved the HYDE who also served as chairman fendant’s ‘‘conscious, flagrant indiffer- National Governors Association’s ofthe conference. HENRY and I were in ence to the safety of others.’’ This lan- [NGA] first resolution supporting prod- the same freshman class in the House guage is to make clear that punitive uct liability reform. Governor Clinton back in 1974, and I have been honored damages are only to be awarded in the also went on record in support of the to serve with him over the years. At most serious of cases. second resolution favoring product li- the first meeting of the conference, I Mr. President, a fact all too often ability reform passed by the NGA. likened Chairman HYDE to a beacon overlooked in this debate is that puni- Mr. President, America is plagued by shining brightly in a field. I would say tive damages are not intended as com- frivolous lawsuits. Every day, our that his light never wavered in this pensation for injured parties. They are economy is victimized by ridiculous process and without his fine leadership punishment. Punishment of defendants damage awards, both real and threat- we would not be here today. Chairman found to have injured others in a con- ened. This conference agreement rep- HYDE was assisted in this process by scious manner. They are used much as resents a substantial reform of the Alan Coffee, general counsel and staff fines in the criminal system. However, legal system that allows this abuse. It director for the House Judiciary Com- currently there are two big differences. is tragic some have allowed this effort mittee and a savvy veteran of many First, unlike the criminal system, to formulate meaningful policy to be legislative battles over the years. there are virtually no standards for overtaken by political posturing. It is Diana Schacht and Peter Levinson, when punitive damages may be award- election year politics at its worst. The both counsels to the Judiciary Com- ed. Second, when awarded, there are no

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2386 CONGRESSIONAL RECORD — SENATE March 20, 1996 clear guidelines as to their amount. The philosophy behind such a provi- manufacturer of machine tools located This agreement addresses both prob- sion is simple. A society working hard in Philip, SD. Last year during hear- lems. It brings uniformity to the pun- to discourage alcohol and drug abuse ings, Art told the Commerce Com- ishment and deterrence phase of prod- must not sanction such abuse by allow- mittee how vital product liability re- uct liability law by providing a meaning individuals to collect damages form is to the ability of American man- ingful standard for when punitives are when their disregard of a vital societal ufacturers to compete in the global to be imposed and at what level. norm is the primary cause of an acci- marketplace. Under the conference agreement—ex- dent. Art told me that under the current cept in cases against small businesses— Misuse and alteration defense. Under patchwork of liability laws, his com- punitive damages in a product liability this legislation, a defendant’s liability pany pays twice as much for product li- case may be awarded up to two times in a product liability case is reduced to ability insurance as it does for research compensatory damages or $250,000, the extent a claimant’s harm is due to and development. Mr. President, the whichever is greater. An additur provi- the misuse or alternation of a product. system is broken. sion permits the judge to award puni- Why should the manufacturer of a ma- Workers compensation subrogation tive damages beyond this limit if cer- chine pay for injuries I sustain because standards. This provision preserves an tain factors are met, but the judge can- I remove safety guards put on in the not exceed the amount of the jury’s employer’s right to recover workers factory? compensation benefits from a manufac- original award. Statute of limitations. The statute of When the defendant is a small busi- turer whose product harmed a worker— limitations for product liability claims for instance, the manufacturer of a ma- ness—or similar entity—with less than is established as 2 years from when the 25 full-time employees, punitive dam- chine used in a business which injures claimant discovered or reasonably an employee—unless the manufacturer ages may not exceed $250,000 or two should have discovered both the harm times compensatory damages, which- can prove, by clear and convincing evi- and its cause. A plaintiff may not file ever is less. The additur provision does dence, that the employer caused the in- suit after this time. jury—for example by maintaining an not apply to small businesses. This is an excellent example of how Finally, either party can request the unsafe work environment or taking this legislation would benefit victims. trail be conducted in two phases, one safety guards off the machine. Under current law, some States estab- dealing with compensatory damages This section of the bill makes no lish the time of injury as the point at and the other dealing with punitive changes to the amount of damages an which the time for bringing a claim be- damages. The same jury is used in both injured worker can recover in such phases. gins to run. Often this is not a problem. cases. It merely provides the insurer or Joint and several liability. Joint li- However, in cases in which the harm employer will not be able to recover ability is abolished for noneconomic has a latency period or manifests itself workers compensation benefits it paid damages—such as pain and suffering— only after repeated exposure to the to an injured employee if the employer in product liability cases. Joint liabil- product, the claimant may not know or a coemployee is at fault. immediately if he or she has been ity is a concept allowing one defendant Biomaterials Access assurance. In harmed or the cause of the harm. to be held liable for all damages even certain actions in which a plaintiff al- This bill thus would reduce the num- though others also were responsible for leges harm from a medical implant, ber of victims who, having otherwise the damage caused. What are the con- title II of the legislation allows bio- meritorious claims, are denied justice sequences? Too often, it means one per- material suppliers to be dismissed from solely on the basis of the statute of son is held responsible for the conduct the action without extensive discovery limitations in the State in which they of another. True wrongdoers are not or other legal costs. The term ‘‘bio- held liable. Indeed, consumers ulti- file their claim. Statute of repose. A statute of repose material’’ refers to the raw materials— mately pay these claims—either such as plastic tubing or copper wir- through higher prices, loss of service, of 15 years is established for certain durable goods. A durable good is defined ing—used as part of an implantable or higher insurance premiums. medical device. Therefore, as to noneconomic dam- by the bill as one having either: a normal life expectancy of 3 or more years, The legislation does not affect the ages, under this bill defendants would ability of plaintiffs to sue manufactur- be liable only in direct proportion to or a normal life expectancy that can be depreciated under applicable IRS regu- ers or sellers of medical implants. How- their responsibility for the claimant’s ever, it releases biomaterials suppliers harm—so-called several liability. This lations; and is: first, used in trade or business; second, held for the produc- from lawsuits if the generic raw mate- section goes a long way toward cor- rial used in the medical device met recting one of the most often abused tion of income; or third, sold or donated to a governmental or private en- contract specifications, and if the bio- aspects of our current civil legal sys- materials supplier cannot be classified tem. It would ensure defendants would tity for the production of goods, training, demonstration or any similar pur- as either a manufacturer or seller of be held liable based on their degree of the medical implant. fault or responsibility, not the depth of pose. During our hearings last year, the their pockets. No product liability suit may be filed Mr. President, this is an issue on for injuries related to the use of a dura- Commerce Committee heard compel- which I have worked for many years. In ble good 15 years after its delivery un- ling testimony that without such 1986, I fought to strengthen proposed less the defendant made an express changes in the law, the millions of product liability legislation, S. 2760, warranty in writing as to the safety of Americans who depend upon a variety with an amendment regarding joint the specified product involved, and the of implantable medical devices will be and several liability. My amendment— warranty was longer than 15 years. In at grave risk. Suppliers of biomaterials which passed the Commerce Com- such a case, the statute of repose does have found the risks and costs of re- mittee—also abrogated joint and sev- not apply until that warranty period is sponding to litigation related to med- eral liability for noneconomic damages complete. The statute of repose section ical implants far exceeds potential rev- in product liability cases. I am proud does not apply in cases involving toxic enues from the sale of the components the spirit of my amendment of a decade harm. they manufacture. ago lives on in this legislation. States would be free to impose short- Indeed, several major suppliers of Alcohol and drugs defense. Under this er statutes of repose and to cover more raw materials used in the manufacture bill, the defendant in a product liabil- than just durable goods. For instance, of implantable medical devices have ity case has an absolute defense if the the House-passed version of this bill announced they will limit—or alto- plaintiff was under the influence of in- would have applied the statute of gether cease—shipments of crucial raw toxicating alcohol, illegal drugs, or repose to all goods. materials to device manufacturers. misuse of a prescription drug and as a The need for a Federal statute of Each of the suppliers indicated these result of this influence was more than repose was presented well by a fellow were rational and necessary business 50 percent responsible for his or her South Dakotan, Art Kroetch, chairman decisions given the current legal own injuries. of Scotchman Industries, Inc., a small framework.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2387 PRODUCT LIABILITY AND SMALL BUSINESS panies from engaging in research. tims concerns proportionality. Numer- Mr. President, during the last Con- Many fear research aimed at improving ous studies demonstrate the current gress it was my privilege to serve as an existing product will be used tort system grossly overpays people ranking member of the Committee on against them to demonstrate they with small losses, while underpaying Small Business. As a member of that knew the product was not as safe as it people with the most serious losses. panel for many years, I know product could be. Certainty in the legal system A bill that limits victims rights? Try liability reform is essential to the fu- would reduce this counterproductive a bill that strengthens them. ture health and success of America’s effect. THE TRUTH ABOUT PRODUCT LIABILITY REFORM small businesses. Indeed, according to In addition, the legislation would en- There you have it, Mr. President— a Small Business Administration courage wholesalers and retailers to the truth about what it is we are try- study, small firms may be affected deal with responsible and reputable ing to accomplish. The truth about more negatively than large firms by manufacturers. This, in turn, would how this bill would help consumers, nonuniform product liability laws. lead to better products for consumers. small businesses and, yes, even those This is because small businesses do Under the conference agreement, prod- injured in the use of a product. not enjoy economies of scale in produc- uct sellers would be legally responsible The truth is, we would not change tion and litigation costs. In addition, for products manufactured by compa- anything that is right with America’s they are less able to bargain with po- nies that are insolvent or do not have current civil justice system. Rather, tential plaintiffs. Finally, their limited assets in the United States. This we would curb the abuse of frivolous assets make adequate insurance much should increase the quality of the prod- lawsuits that cost each and every one more difficult to obtain. The cost of ucts found on the shelves of U.S. busi- of us in a wide variety of ways each product liability insurance in the nesses. and every day. The courthouse doors United States is 15 times higher than Mr. President, I have just outlined stay open. Consumers retain a full that of similar insurance in Japan and five ways this bill benefits consumers. complement of rights. Lawsuits would 20 times higher than in European coun- First, it will mean more jobs. Second, continue to provide a strong check on tries. We simply cannot compete. it will lower the cost of the goods they corporate behavior. Concepts such as America’s small businesses need ra- purchase. Third, it will mean a greater contingent fees would continue to tionality and uniformity in the product selection of goods from which to allow citizens with limited means to liability system if they are to compete choose. Fourth, it will encourage test- bring suit. effectively in the global marketplace. ing to make goods safer. Finally, it The truth, Mr. President, is that As I explained previously, this point will help to maintain and, in some election year politics threaten to kill was at the heart of the testimony given cases, improve the quality of products this effort. The truth is, we all lose if by Art Kroetch of Scotchman Indus- available to consumers. that happens. The truth is the Amer- tries in Philip, SD, at committee hear- A bill that is bad for consumers? How ican people know the current system is ings last year. can they say that with a straight face? broken and want us to fix it. A recent It also was the point made to me by PRODUCT LIABILITY REFORM AND THE INJURED poll conducted in my home State found Jim Cope of Morgen Manufacturing in Mr. President, we also have been sub- 83 percent of South Dakotans respond- Yankton, SD. Jim calls product liabil- jected to a great deal of nonsense that ing feel ‘‘the present liability system ity reform a jobs issue for our State. this bill would limit the rights of vic- has problems and should be improved,’’ Morgen has had to lay off workers and tims. Opponents paint the picture of while only 10 percent said ‘‘the present has been unable to give raises to other injured victims being harmed further liability lawsuit system is working employees because of losses due to when the courthouse door hits them in well and should not be changed.’’ product liability claims—claims that the face. The truth is, that out there in the never have resulted in a verdict against Not only does this conference agree- real America, this is not viewed as a his company. Nevertheless, Morgen ment leave intact a full range of vic- partisan issue. Seventy-eight percent Manufacturing is forced to spend tens tims rights, it actually improves the of Democrats, 83 percent of independ- of thousands of dollars defending itself. current system in at least two very ents, and 88 percent of Republicans in To Jim Cope—and many small busi- critical ways. First, the system we South Dakota responding to the survey ness owners just like him—tort reform have today is plagued by delay. Second, I just quoted say there are problems means more jobs for South Dakota and compensation that eventually is re- that need to be fixed. Mr. President, the Nation. ceived often is inequitable. Curtailing the message is clear. Our constituents PRODUCT LIABILITY REFORM AND CONSUMERS frivolous lawsuits—all this legislation do not believe this should be a political Mr. President, opponents of this leg- really seeks to achieve—would signifi- fight. I cannot for the life of me under- islation tell us it would hurt the Amer- cantly improve both problems. stand why some among us wish to ican consumer. Don’t you believe it. Currently, product liability suits make it so. Aside from the jobs issue, product li- take a very long time to process. A We should adopt this conference ability reform would benefit consumers General Accounting Office study found, agreement. This body approved a vir- in numerous ways. on average, that product liability cases tually identical bill last year. Nothing It would lower the cost of U.S. goods. took 21⁄2 years to move from filing to done in conference should change any- The current product liability system trial court verdict. Other studies indi- one’s reasoning. This is a moderate and accounts for 20 percent of the cost of a cate it is more like 5 years. Most prod- reasoned bill. Let us do what is right. ladder, 50 percent of the cost of a foot- uct liability cases are settled before Adopt the conference agreement and ball helmet, and up to 95 percent of the trial, but even these cases suffer from send it on to the President. Hopefully, cost of some pharmaceuticals. delay. One plaintiff’s attorney ex- he will remember the strong commit- Reform also would foster competition plained that ‘‘most settlement negotia- ment he demonstrated to product li- and provide consumers with a greater tions get serious only a week or so be- ability on two separate occasions just a selection of products from which to fore trial is scheduled to begin.’’ few short years ago. Hopefully, he will choose. Studies tell us 47 percent of Delay often results in undercom- not allow special interests to continue U.S. companies have withdrawn prod- pensation of victims. Many victims are playing politics. The stakes are simply ucts from the market and 39 percent forced to settle their claims for less too high. have decided not to introduce products than their full losses so they can ob- THE NEED TO ADDRESS LIABILITY FOR due to liability concerns. As a result, tain compensation more quickly. These BIOMATERIALS Americans depend on single sources to individuals often are forced into this Mr. MCCAIN. Mr. President, this bill provide such vital needs as vaccines for decision because of inadequate re- contains a very important provision polio, measles, rubella, rabies, diph- sources to cover medical and rehabili- ensuring the availability of raw mate- theria, and tetanus. tation expenses while their case drags rials and component parts for This bill also would encourage safety on. implantable medical devices. This pro- improvements. By contrast, the cur- Another way in which the current vision is necessary if Americans are to rent system actually discourages com- system inequitably compensates vic- have continued access to a wide variety

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2388 CONGRESSIONAL RECORD — SENATE March 20, 1996 of life-saving devices, such as brain pect of our broken medical product li- hypotonia and temporary blindness. But be- shunts, heart valves, artificial blood ability system. fore the new flexible silicone plastics were vessels, and pacemakers. To address This issue came to my attention developed, shunts were not successful. We know that there are no guarantees even with this issue, Senator LEIBERMAN and I co- when I was contacted by one of my a silicone shunt, but at least we have some- sponsored the Biomaterials Access As- constituents, Linda Flake Ransom, thing that works. surance Act of 1994, which has been in- about daughter Tara who requires a sil- Tara has come a long way. Eight years old, corporated in the Product Liability icon brain shunt. Without a shunt, due she has mastered skipping, jumping rope, Fairness Act which we are debating to Tara’s condition called hydro- roller skating and all the other things that today. cephalus, excess fluid would build up in kids do at her age. Until this year, she didn’t Currently, the manufacturers and her brain, increasing pressure, and even need glasses. She never read the ‘‘risk’’ suppliers of materials used in causing permanent brain damage, statistics because she has been too busy implantable medical devices are sub- reading the original 14 books of the Wizard of blindness, paralysis, and ultimately Oz series. Tara is currently in the third ject to substantial legal liability for death. With the shunt, she is a healthy, grade at Magnet Traditional School in Phoe- selling relatively small amounts of ma- happy, and productive straight A stu- nix. She has been the top student in her class terials to medical device manufactur- dent with enormous promise and poten- for the past two years, with most of her ers. These sales generate relatively tial. skills well above the fifth grade level. small profits and are often used for Tara has already undergone the brain More importantly, Tara is the perfect ex- purposes beyond their direct control. shunt procedure five times in her brief ample of hope—hope in the skill of her sur- Due to their small profit margins and life. However, the next time that she geons, in advances in medical technology, and improvements in the shunt itself. She is large legal vulnerability for these needs to replace her shunt, it is not also the symbol of our faith—faith in our be- sales, some of the manufacturers and certain that a new one will be available lief that God’s miracles are the hands of the suppliers of these materials are now re- due to the unavailability of shunt ma- surgeons and the minds of the scientists who fusing to provide them for use in med- terials. This situation is a sad example make the discoveries and create the devices. ical devices. that our medical liability system is out Without a shunt, however, she faces in- It is absolutely essential that a con- of control. It is tragic, but not sur- creased pressure in her brain leading to pro- tinued supply of raw materials and prising, that manufacturers have de- gressive retardation, blindness, paralysis and component parts is available for the in- death. In the U.S., there are approximately cided not to provide materials if they 50,000 hydrocephalics like Tara depending on vention, development, improvement, are subject to tens of millions of dol- shunts to stay alive. That is about the same and maintenance of medical devices. lars of potential liability for doing so. number of Americans who died in Vietnam. Most of these devices are made with It is essential that individuals such Hydrocephalics will never get their own wall materials and parts that are not de- as Tara continue to have access to the in Washington, but they would leave behind signed or manufactured specifically for medical devices they need to stay alive just as many devastated families. use in implantable devices. Their pri- and healthy. Addressing this issue by Although scientists are working on new mary use is in nonmedical products. enacting the Product Liability Act and better shunts, no one can guarantee that Medical device manufacturers use only a shunt will be available the next time Tara would help to ensure the ongoing avail- needs one. Because of lawsuit abuse, the sili- small quantities of these raw materials ability of materials necessary to make cone from which the shunt is made may no and component parts, and this market these devices. It would not, in any way, longer be available. constitutes a small portion of the over- protect negligent manufacturers or Dow Corning, the only manufacturer of all market for such raw materials. suppliers of medical devices, or even raw silicone used in shunts, last year filed While raw materials and component manufacturers or suppliers of biomate- for bankruptcy as a result of thousands of parts suppliers do not design, produce rials that make negligent claims about lawsuits against their silicone breast implants. (These implants were recently found or test the final medical implant, they their products. However, it would pro- have been sued in cases alleging inad- to be safe in numerous studies, including a tect manufacturers and suppliers Harvard report released in the current Jour- equate design and testing of, or warn- whose materials are being used in a nal of the American Medical Association.) ings related to use of, permanently im- manner that is beyond their control. Despite a preponderance of evidence that sil- planted medical devices. The cost of Mr. President, we must act today to icone products are safe, lawyers have sig- defending these suits often exceeds the ensure the continued availability of naled that they will now make all silicone profits generated by the sale of mate- biomaterials to ensure that the lives of devices a focus of their next big class action. Because of liability and legal blackmail, rials. This is the reason that some Tara and thousands of other Americans manufacturers and suppliers have chemical companies are no longer willing to are not jeopardized. I ask unanimous sell the raw materials that go into these des- begun to cease supplying their prod- consent that a column from the Wall perately needed products—from pacemakers ucts for use in permanently implanted Street Journal entitled ‘‘Lawyers May and heart values, to knee joints and cataract medical devices. Kill My Daughter’’ be printed in the lenses. For Tara’s shunt, there are no alter- Unless alternative sources of supply RECORD. In this column, Tara’s mother native materials or suppliers that can be can be found, the unavailability of raw eloquently describes her daughter’s used. materials and component parts will condition and the need for this legisla- No one denies there should be just compensation for gross errors, like the man in lead to unavailability of life-saving and tion. life-enhancing medical devices. The Florida who had the wrong leg amputated. There being no objection, the mate- But how can anyone be for speculative law- prospects for development of new rial was ordered to be printed in the suits against all silicone products when peo- sources of supply for the full range of RECORD, as follows: ple desperately need these devices to live? threatened raw materials and compo- [From the Wall Street Journal] How can anyone put the interests of a small nent parts are remote, as other sup- group of trial lawyers seeking the next big LAWYERS MAY KILL MY DAUGHTER pliers around the world are refusing to class action lawsuit over the lives of chil- (By Linda Ransom) sell raw materials or component parts dren? for use in manufacturing permanently Our daughter Tara was diagnosed at birth This lottery system creates big winners, with hydrocephalus—sometimes called implantable medical devices in the but it also creates new losers. In Sara’s case, ‘‘water on the brain.’’ In the old days, there no amount of money can buy a product that United States. was no treatment for hydrocephalus. Most may no longer be manufacured because of a The product liability concerns that babies diagnosed with it died within months. lack of raw materials—even if it is a life-sav- are causing the unavailability of raw The lucky few who survived were severely ing device. materials and component parts for handicapped. These days, the only medical Lack of availability is creating a black medical implants is part of a larger intervention that works is a surgically im- market for medical devices in other coun- product liability crisis in this country. planted device called a shunt, made of sili- tries. Tara’s neurosurgeon told us that Immediate action is necessary to en- cone. The shunt is a tube and a pump that di- shunts are so scarce in Russia today, they sure the availability of raw materials verts excess fluid from Tara’s brain. are removed from bodies during autopsies Kids outgrow shunts, which is why Tara and then used in new patients. Would you and component parts for medical de- has already had five shunt surgeries. She want a used device if you needed a pace- vices so that Americans have access to will need more. There are no guarantees that maker? Would you want to buy a shunt on the devices they need. Addressing this there won’t be complications from the sur- the black market? Would you want your problem will solve one important as- geries—she’s already had meningitis, child to be on a waiting list for one?

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2389 The good news is there are reform efforts That is why it is so frustrating to in any case involving a toxic harm, or under-way in Arizona and at the federal hear President Clinton say that the rein any case involving motor vehicles, level. The Senate is planning to vote, as forms included in the bill go too far. vessels, aircraft, or trains used pri- early as today, on legislation to place rea- This was a bipartisan effort to get a marily to transport passengers for hire. sonable limits on punitive damages and The only difference between the con- eliminate unfair allocations of liability in bill that would be enacted into law. all civil cases. This would protect all Ameri- Negotiations between the House and ference report and the Senate bill is cans—not just the manufacturers of medical the Senate were tempered with caution the conference report’s 15-year period; products but also small businesses, service to ensure that it would get the support the Senate bill contained a 20-year lim- providers, local governments and nonprofit needed to be passed by the Senate. itation. Otherwise, the provision, in- groups. Above all, it would save children like Once again efforts by reform-minded cluding the limited category of prod- Tara. Unfortunately, even if the bill passes, folks in Congress is threatened by a ucts covered, is unchanged. President Clinton has said he will veto it. President that has put plaintiff law- Approximately one-third of the I’m not a legal expert. I’m just a desperate yers interests above those of regular mother. But I know that reasonable changes States have enacted statute of repose must be made to protect everyone. Enact Americans. Politics once again rears legislation; no State provides a more civil justice reform. Don’t take hope away its ugly head. The losers are con- liberal time period or is more favorable from Tara. sumers, manufacturers, and true vic- to potential plaintiffs in terms of its Mr. BURNS. Mr. President, I rise tims who find themselves locked in a scope that the narrow provision in H.R. today in support of the conference re- case-clogged court system. 956. Support is also found by comparing port to H.R. 956, The Commonsense Mr. President, once again I ask my the proposed 15-year period to the laws Product Liability Legal Reform Act of colleagues to take a close look at this of industrial nations which directly 1995. legislation and vote in support of clo- compete with the U.S. to provide jobs. This is an important piece of legislature. The EC Product Liability Directive, tion that is the result of more than a CONTINGENCY-FEE LAWYERS’ NONSENSE ABOUT implemented by 13 European nations decade’s worth of effort. I would like to THE COMMONSENSE PRODUCT LIABILITY AND and Australia, and Japan’s new product LEGAL REFORM ACT OF 1996 congratulate the members of the Con- liability law, which became effective Mr. GORTON. Mr. President, a docu- ference Committee, led by Senators July 1, 1995, each adopt a 10-year stat- ment being circulated by the Associa- GORTON and ROCKEFELLER, on their ute of repose which applies to all prod- tion of Trial Lawyers of America diligence in coming up with a final ucts. H.R. 956 will help level the play- [ATLA] and their allied professional conference report. ing field against foreign competitors interest groups makes the accusation This bill will help to reign in unnec- abroad which put American jobs at that the conference report on H.R. 956, essary, costly, and time-consuming risk. product liability cases. There is a lot of the Commonsense Product Liability The contingency-fee lawyers argue talk in this town about cutting regula- and Legal Reform Act of 1996, is radi- that the conference report extends the tions and making American companies cally different than the bill passed by statute of repose to virtually all goods. more competitive. But when the talk is the Senate. The contingency-fee law- This statement is wrong. Section 101(7) over nothing much has changed. yers’ argument about commonsense of the conference report narrowly de- The product liability bill originally product liability reform is unfounded. fines the term Durable good as follows: Anyone who reads the conference re- passed the Senate more than 10 months DURABLE GOOD.—The term ‘‘durable good’’ ago after prolonged debate. The final port and compares it to the Senate bill means any product, or any component part conference report is similar to the Sen- can see for themselves that, except for of any such product, which has a normal life ate-passed bill in scope and focus rath- change in the time period, not the nar- expectancy of 3 or more years, or is of a er than the wide-sweeping reform found row scope, of the statute of repose and character subject to allowance for deprecia- in the House bill. two slight modifications to the addition under the Internal Revenue Code of 1986 This bill is conspicuous not for what tional amount provision, the con- and which is— ference report is virtually identical to (A) used in a trade or business; is in it, but for what is missing. The (B) held for the production of income; House approved sweeping legal reform the Senate bill. All familiar with the (C) sold or donated to a governmental or last year that would have addressed history of this bill also know House private entity for the production of goods, other civil cases, besides products, in- Members delayed going to conference, training, demonstration, or any other simi- cluding lawsuits against doctors, char- and then agreeing on a conference re- lar purpose. (Emphasis added). ities, and volunteer organizations. port, for almost a year until it became Both the conference report and the However, it does have important pro- apparent that Senate allies of the trial Senate bill only apply to goods which visions on punitive damages, joint and bar would not support legal fairness have either a normal life expectancy of several liability, statute of limitations, legislation going beyond the Senate 3 or more years or are of a character statute of repose, workers’ compensa- bill. subject to allowance for depreciation tion subrogation standards. It also cov- Facts are a stubborn thing for these under the Internal Revenue Code of ers product sellers and States rights. lawyers, because as hard as they try to 1986 and are used in a trade or business, This bill does not work against con- avoid them or argue around them or held for the production of income, or sumers; nor is it for manufacturers. In simply ignore them, as is often the sold or donated to a governmental or fact many proponents of products li- case, the facts never change. And, the private entity for the production of ability reform who had hoped and fact is that the product liability con- goods, training, demonstration, or any worked for broader reform are dis- ference report is a narrow and limited other similar purpose. A machine tool appointed in its narrow scope. H.R. 956 proposal that almost mirrors the Sen- is an example of product with a long merely attempts to block the free-for- ate’s version of H.R. 956. life expectancy, subject to deprecia- all that has taken hold of our court STATUTE OF REPOSE tion, which is used in trade or business. system. H.R. 956, contains a narrow statute of The contingency-fee lawyers are mis- Everybody wins under this bill. Con- repose, which places an outer time leading the public to believe that the sumers will see products ranging from limit on stale litigation involving a workplace use limitation has dis- football helmets to life-saving new limited category of products, work- appeared from the conference report. It drugs become more widely available place durable goods, that is, machine has not. and less costly. tools used in the workplace, that are THE ADDITIONAL AMOUNT OR ADDITUR And it will not limit the legitimate over 15-years old. If the defendant PROVISION rights of victims to sue or to receive made an express warranty in writing as Recognizing that a flexible approach full compensation for their injuries. to the safety of the specified product to punitive damages is likely to deliver This legislation is a good step in the involved, and the warranty was longer strong bipartisan support for legal re- right direction. It will not stop law- than the period of repose—15 years— form, opponents have challenged the suits, but it will put some restraints on then the statute of repose does not constitutionality and content of the the out-of-control legal battles we have apply until that warranty period is provision in H.R. 956 which permits a seen in recent years. complete. The provision does not apply judge a safety valve to go beyond the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2390 CONGRESSIONAL RECORD — SENATE March 20, 1996 proportionate limits set for punitive definition of product seller. The bill In the past, I have voted for cloture damages against larger businesses and says that it is applicable to product on product liability legislation in cir- award additional punitive damages (up sellers, but only with respect to those cumstance where I thought the matter to the amount of the jury verdict) in aspects of a product, or component should reach the Senate floor for a ma- cases of egregious conduct in a des- part of a product, which are created or jority vote. perate effort to shake support. The pro- affected when before placing the prod- On this state of the record on this vision is constitutional and represents uct in the stream of commerce. The bill, I think there should be a majority good public policy. definition then addresses those things determination, so I am voting in favor The conference report additional where the product seller produces, cre- of cloture. amount provision, as mentioned, con- ates, makes, constructs, designs, or Mr. COATS. Mr. President, I rise tains two slight modifications to the formulates***an aspect of the today to urge my colleagues’ support Senate bill. First, a controversial pro- product***made by another. See for this very important product liabil- vision in the Senate bill that would § 101(14)(B). This is classic product li- ity reform legislation. This legislation have allowed the defendant the right to ability. is a conservative, but significant at- a new trial if the court used award an To make the point crystal clear, the tempt to begin the process of curbing a additional amount of punitive damages product seller section specifically pro- civil justice system gone awry, a sys- has been removed from the legislation vides that the conference report does tem that has been overwhelmed by the and does not appear in the conference not cover negligent entrustment or logistical burdens and economic costs report. This change was made in re- negligence in selling, leasing or renting of unnecessary and unwarranted litiga- sponse to requests from the adminis- to an inappropriate party. Section tion. tration and several Senators just be- 103(d) expressly states: A civil action Mr. President, it is very appropriate fore the final Senate vote. The absence for negligent entrustment shall not be that Congress begin to address this of the new trial language does not af- subject to the provisions of this section broad problem in the area of product li- fect the constitutionality of the provi- but shall be subject to any applicable ability reform. For it is this area of sion. Research by the U.S. Department State law. law that has become, perhaps, the most of Justice indicates that the safety For these reasons, the bill would not unruly, and which is having an increas- valve provision in H.R. 956 is constitu- cover the situation described by the ingly adverse impact on the U.S. econ- tional. trial lawyers. It also would not cover a omy. There are several important pro- Second, the Senate bill language was seller of liquor in a bar who sold to a visions contained in this bill. However, modified in the conference report to person who was intoxicated or a car I will limit my comments to the sec- clarify that the additional amount rental agency that rents a car to a per- tion dealing with biomaterials. The purpose of this section is to pro- which can be awarded may not exceed son who is obviously unfit to drive. In sum, the product liability bill cov- vide a defense to the suppliers of bio- the jury’s initial award of punitive ers product liability, not negligent en- materials, or parts, which are used in damages. The jury is not informed of trustment or failure to exercise reason- the manufacture of implantable med- the statutory limit. This language able care with regard to whom prod- ical devices. What this section will do strengthens the constitutional founda- ucts are sold, rented or leased. is insure the continued availability of tion of the provision. Opponents’ sev- TRIAL LAWYERS’ OTHER ARGUMENTS ARE the raw materials that are absolutely enth amendment right to jury trial ar- SIMILARLY WITHOUT ANY MERIT critical to the development of guments are without merit. The trial lawyers’ desperate attempt implantable medical devices. Under the PRODUCT LIABILITY DOES NOT EXTEND TO to portray the conference report as to current legal system, claimants who NEGLIGENT ENTRUSTMENT the right of the Senate bill includes a sustain harm from a medical device are Once again opponents are trying to couple of other minor points which are encouraged to go after the company mislead and confuse product liability so hollow and petty that they deserve with the deepest pockets, the one they actions, which are covered by the con- only brief attention. First, the notion can get the most money from. Often ference report, with negligent entrust- that the conference report expands the times, this entity is the innocent sup- ment cases, which are not covered by product seller section beyond the Sen- plier of the raw, biomaterials, that are the legislation. As in the past, they use ate bill, changes burden of proof rules utilized in the manufacturing of the de- attention-getting, but irrelevant exam- for persons who irresponsibly misuse or vice. This, in spite of the fact that the ples, such as drunk driving cases and alter products or seek punitive dam- biomaterials supplier did nothing to gun violence. ages is completely meritless. The fal- cause the injury or harm. The trial lawyers’ hollow argument sity of these arguments is apparent Mr. President, the result of this vi- is based on the applicability section of from the language of the conference re- carious liability on the part of the bio- the conference report, which says that port and the Statement of Managers. materials supplier is that, economi- the act applies to any product liability Second, the argument that the findings cally, they cannot afford to supply the action brought in any State or Federal in the legislation are not supported is materials to the manufacturer because court on any theory for harm caused by foolish. The subject of Federal product the risk of being innocently swept up a product. The reason for this broad liability reform has been reviewed by into litigation is too high. You see, the definition is to assure that the bill cov- Congress for 15 years and been the sub- volume of material they provide to the ers all theories of product liability, ject of hundreds of hours of hearings bio-manufacturer represents such a that is, negligence, implied warranty, and floor debate. small percentage of their total sales and strict liability. The argument then Mr. SPECTER. Mr. President, I am that it is simply not cost effective to looks to the section dealing with prod- voting for cloture on the conference re- take the risk. They are driven out of uct sellers, which imposes liability port on product liability legislation be- the market by the risk of litigation. when a product seller fails to exercise cause I believe, on balance, that the Located in my home State, Mr. reasonable care with respect to a prod- issue should be decided by a majority President, in Bloomington, IN, there is uct. The argument continues that a vote of the Senate. a very special company: Cook Inter- product seller’s failure to exercise rea- In deciding to support cloture, I am national. This company truly rep- sonable care in selling a gun to a significantly influenced by the fact resents what is great about our eco- minor, convicted felon, or mentally un- that the conference report corrects my nomic system. Unfortunately, it also stable individual would not be action- principal concern: punitive damages on represents how a system gone awry can able, because the product seller was egregious cases. harm both business and the consumer. negligent with respect to the purchaser A decision on whether to support clo- Cook International manufactures and not the product. ture depends upon a variety of factors medical devices. One product line is This argument reflects an obvious such as whether there should be more medical catheters. These catheters are misconstruction of the bill. To make debate to fully air the issues or wheth- high precision devices used for various this clear, one only need look to the er a constitutional issue or some other medical procedures. acts covered by product sellers in the fundamental matter is involved which A true American success story, Cook conference report. This appears in the warrants a super-majority of 60. International began operating out of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2391 the founder’s home. It has rapidly ference report on product liability. I conclusion that I must oppose cloture grown into an international corpora- have weighed the arguments made by and this conference agreement. When tion manufacturing the very finest in its supporters and its opponents. Al- there are such deep and serious dif- precision medical catheters. Vital to ways I have asked whether the conferences about the impact of this legis- these instruments is teflon. However, ference report represents the same bill lation, I must lean on the side of pro- under the threat of potentially being I voted for in 1995, or whether it was tecting consumers. I must place my ob- swept up in a product liability law suit, changed, tilting the delicate balance I ligation to protect public health and Cook’s suppliers have served notice talked about last spring. safety first. that they will soon cease to provide the Let me be clear. I do believe we need Therefore, I will oppose cloture vital materials for the manufacture of reform in this area. My job as a U.S. today. And I will oppose this con- these life saving catheters. Senator is to save jobs, to save lives, ference report. Without this legislation, Mr. Presi- and to save communities. I do want to Mr. President, before concluding my dent, companies like Cook will be reduce frivolous lawsuits. I want to re- remarks, I must acknowledge the tre- forced to find new suppliers of biomate- move barriers which stifle innovation. mendous work done by my esteemed rials or simply cease to manufacture I want us to be economically competi- colleague, Senator ROCKEFELLER, on these products. The costs of this result tive. this legislation. He has fought dili- can be measured in lost time, lost jobs, At the same time, public health and gently to uphold the Senate’s position and lost lives. safety are paramount with me. I want on product liability reform. And, I Mr. President, this is a very simply consumers to have some assurance that must say that he has succeeded on a provision. If a company meets all spec- the products they use are safe. And if number of issues. His fight has been a ifications of the manufacturer; if they products are defective and cause harm, valiant one, and I regret that I am not are in no way involved in the actual consumers should know they can seek able to stand by his side today. manufacturing or sale of the bio- justice and redress through our courts. Let me just say, this year is not over medical device; if they have acted in I do not want to shut the courthouse yet. Many of us want genuine reform good faith in meeting their contractual door to people with legitimate claims. we can all support. Although I cannot obligation to the manufacturer; they That’s why I have grave concerns support the conference agreement be- cannot be swept up in a product liabil- about this conference report. This con- fore us today, I hope we can go back to ity lawsuit simply because they have ference report does, indeed, tip the bal- the drawing board. I want us to deep pockets. This is fundamentally ance. produce a bill which reflects the bal- Let me tell you why: fair. First of all, under the conference ance that is needed between the con- I urge my colleagues to support this agreement, consumer products not cov- cerns of business and those of con- very responsible effort at reforming ered by the Senate bill will now be cov- sumers. I would be proud to support our product liability legal system. I ered. The caps and other restrictions such a bill. urge them to do so in order to preserve under the conference report apply to a Mr. HATCH. Mr. President, I rise in and ensure the growth of the American wide range of consumer products and strong support of the conference report manufacturing industry. I urge them appliances, not just to those used in to the Product Liability Fairness Act. to do so because it is absolutely vital trade or business. I would first like to commend and to our biomedical industry. Second, the conference report adds congratulate my distinguished col- Ms. MIKULSKI. Mr. President, another barrier to people who are seek- leagues, Senators GORTON, ROCKE- today, I will vote against cloture on ing punitive damages. Under its provi- FELLER, and PRESSLER for their long- the Product Liability Reform Act con- sions, an injured person will now have standing leadership on this issue and ference report. I believe the Senate to demonstrate that the wrongdoer’s on this bill. They have labored long should have a careful and thorough de- conduct was the proximate cause of and hard over several Congresses to bate on the consequences of this con- harm instead of merely resulting in come up with a bill that is measured ference report. harm. This is a much more difficult and fair, and that will accomplish We should not close the courthouse standard. meaningful and important reforms of door to those with legitimate griev- Third, the bill could unacceptably our product liability system. ances. Nor should we close debate on shift the burden of proof in cases where This bill will benefit American work- an issue as serious and far-reaching as the alcohol and drug defense is used. ers and consumers. The only people product liability reform. I particularly Under our Senate bill, a defendant was who may be truly hurt by this bill are do not want to close debate when there required to prove the plaintiff was some of the Nation’s trial lawyers. is disagreement on the consequences on under the influence of drugs or alcohol. I hope this bill will not fall victim to this conference report. This conference agreement leaves this election year politics. It is a good bill Mr. President, I voted for the Sen- issue entirely up to the States. and one that we have needed for a long ate’s version of the product liability Finally, the conference report fails to time. bill. I absolutely believe Congress specifically state that the 2-year stat- When this bill was on the Senate should enact a reform measure to re- ute of limitations will be suspended in floor last spring, I supported efforts to duce frivolous law suits and have na- cases where a court has issued a stay or broaden it so that its key provisions on tional uniform product liability stand- injunction. The Senate bill was quite punitive damages and joint and several ards. I also believe that when it comes clear on this point. I fear the con- liability would apply to all civil law- to public health and safety, those who ference agreement’s silence on this suits. are responsible must be held account- issue will result in injustice. We succeeded in passing a Dole-Exon- able for their actions. For instance, in cases similar to the Hatch amendment to broaden the puni- The Senate bill achieved a balance Dalkon Shield case, a court could issue tive damages provision. Unfortunately, which addressed the valid concerns of a stay, and the statute of limitations the bill with that provision in it could the business community while pro- could run out for people who have le- not survive cloture and the amendment tecting the rights of citizens with legitimate claims. I fear this defect in was removed. gitimate cases. That’s why I voted for the conference report will prevent While I continue to support broader it. women who have suffered from defec- civil justice reforms—and would par- I made it clear at the time that mov- tive products from seeking justice. ticularly like to see this Congress at ing beyond the Senate bill was unac- Mr. President, I know there are dis- least enact a bill to protect religious ceptable to me. I said, ‘‘To move be- agreements on each of the points I and nonprofit organizations and volun- yond the Senate bill would be a mis- have just outlined. I know that people teers from excessive punitive damage take. The scales on this are delicately interpret the conference agreement’s awards—I offer my enthusiastic sup- balanced. If those scales are tipped, it language on these and other issues in port to this product liability bill. is unlikely I will support this bill.’’ very different ways. Even though it is a modest bill, it Mr. President, over the past several But, I must say that these very dif- represents a significant step in the days, I have carefully assessed the conferences of opinion have reinforced my right direction toward removing some

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2392 CONGRESSIONAL RECORD — SENATE March 20, 1996 of the outrageous litigation abuses in productive litigation costs. We heard The bill imposes liability on product our system. many, many references to these costs sellers only under certain cir- Anyone who has looked at the sub- when this bill was on the floor last cumstances in which the product seller stance of this bill will realize that this spring. We heard that 20 percent of the is responsible for the safety of the is a limited, reasoned effort that is price of a ladder goes to pay for litiga- product it sells. A product seller should long overdue. This bill should not even tion and liability insurance, that one- not be held hostage to a lawsuit if the raise the question of a Presidential half of the price of a football helmet manufacturer caused the damage and veto. goes to liability insurance, and on and the plaintiff can and should be suing But unfortunately, it has. on. Just who does President Clinton the manufacturer. The ink was barely dry on this com- think is paying these additional costs? The bill similarly provides that those promise bill before the President, com- This bill seeks to reduce the litiga- who rent or lease products should be ing to the defense of a limited and nar- tion tax burdening our economy and liable only where they themselves have rowly focused interest group—trial stifling innovation and job-growth. At actually been negligent or otherwise lawyers—and at the expense of Amer- the same time, it aims to ensure that responsible for the harm—not where ican competitiveness, American jobs, those individuals who are harmed by they are simply in the supply chain and American consumers, declared he defective products are compensated by and have done nothing wrong. would veto this bill. the parties who rightfully should bear The bill provides a defense if the For the sake of our constituents responsibility for wrongdoing. plaintiff was intoxicated or under the across the Nation, we should be crystal This is an important point given the influence of drugs and if that ac- clear about where the opposition to disinformation circulating about this counted for more than 50 percent of the this sensible bill comes from. It does bill. This legislation does not deprive responsibility for the harm caused. not come from the American people, any American of his or her right to What is wrong with that provision? and it does not come from American sue. The bill reduces damages payable by workers and consumers. We need these reforms because it has a manufacturer if harm is caused by Product liability reform is supported become evident that we cannot address any misuse or alteration of the prod- by the overwhelming majority of these problems comprehensively with- uct. Americans. They have indicated their out a uniform, nationwide solution to The bill includes a limit on punitive frustration with crazy lawsuits, out- put a ceiling on at least the most abu- damages in product liability cases of rageous punitive damage awards, and sive litigation tactics. two times the amount of economic and abusive litigation. They see a complete Products produced in one State move noneconomic losses. That permits an lack of common sense in our civil jus- in interstate commerce. Manufactur- adequate punishment where punish- tice system. ers, product sellers, and individuals ment is called for, but puts some re- They want change from a status quo from one State may find themselves straint on runaway punitive damages. that has been unfair and that has en- being sued in another State. We did make some accommodations couraged irresponsible litigation in We need to protect citizens of some in this provision, including an excep- this country. It is our responsibility to States from the product liability liti- deliver that change. And it should be gation costs imposed on them by other tion allowing judges to go beyond the the President’s responsibility to sign States’ legal systems. limits of the bill. This provision was this bill. We need to assist those affected by tightened up in conference, and I think Given the President’s last-minute laws in States where the legislatures it was improved somewhat. Although I veto of the securities litigation reform have attempted reforms only to be continue to have some reservations bill, which came following appeals thwarted by some State courts. that the additur provision represents a from a few well-placed, well-heeled This bill does that by encouraging weakening of the bill’s punitive dam- trial lawyers, we probably should not commonsense, responsible, and fair ages provision, I support this bill. be surprised by the President’s obstruc- litigation. The provision that we added on the tionist position on this bill. For one, this bill reforms joint and floor to protect small businesses has Despite the sincere, tireless efforts of several liability. I have spoken before remained in the conference report. a leading member of his party, Senator about a case against Walt Disney That provision applies to small busi- ROCKEFELLER, to work out a bipartisan World in which Walt Disney World was nesses having less than 25 employees position, the President has apparently judged to be only 1 percent at fault for and individuals whose net worth does opted to defend the status quo. injuries a woman suffered when her fi- not exceed $500,000. In cases involving Senator ROCKEFELLER should take ance rammed into her on a grand prix either of those as defendants, punitive some heart in the fact that while he ride at Disney World. Under principles damages cannot exceed the lesser of may be no more successful in selling of joint and several liability, Disney $250,000 or two times economic and this bipartisan bill to the White House World was forced to pay 86 percent of noneconomic losses. than his colleague Senator DODD was in the damages. (Walt Disney World Co. v. This worthy provision prevents small selling the securities litigation bill, Wood, 515 So.2d 198 (Fla. S. Ct. 1987).) businesses and individuals from facing Senator DODD ultimately crossed the This bill strikes a sensible balance by punitive damages in excess of $250,000. finish line. limiting joint and several liability to The conference report adopts the We should at least be clear that the economic damages. This fairness ap- House version of the statute of repose, President’s opposition to this bill proach means that defendants will be which sets a 15-year limit beyond comes only from the well-heeled trial chiefly responsible for the harm that which manufacturers could no longer lawyers who have taken advantage of they cause rather than the harm be sued in a product liability action. Of our litigation system for their own caused by other defendants. course, other parties having physical benefit. Other provisions also promote fair- responsibility for the product, like For too long, our citizens have been ness. It is 100 percent wrong to paint product sellers or renters, would con- the ultimate victim of lawsuits and them any other way. tinue to bear responsibility. threats of lawsuits that go beyond the Take the 2-year statute of limita- I believe it is important to stress bounds of common sense. It often is not tions. That gives parties a reasonable that punitive damages are in addition fair, and it often is very extreme. time in which to take legal action after to make whole, compensatory relief. By some estimates, nearly 90 percent they know, or should have known, of The administration produced its policy of all companies can expect to become an injury and its cause, at the same with respect to the Gorton substitute a defendant in a product liability case time that it prevents late-in-the-day product liability bill on April 25, 1995, at least once. Estimates of the costs of lawsuits. and was critical of the punitive damage product liability litigation range from Who can argue with these common- limitations in the bill. $80 to $117 billion per year. That is sim- sense provisions, except some of our In the President’s statement this ply too high. Nation’s trial lawyers who benefit from past weekend indicating that he would Our national resources should not be the increased fees they receive from veto this legislation, the President misdirected to pay for extreme and un- unfair recoveries? again criticized the punitive damages

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2393 provisions—even though those provi- I note that the proportionality limit turned suing your neighbor into the sions have since been modified in an at- in the current bill was moderated to newest American pastime. tempt to address his concerns. two times the sum of economic and This bipartisan compromise bill is an On May 2, 1995, I received a letter noneconomic damages. important first step: It will restrain from Prof. George Priest of the Yale Simply put, all of the provisions in outrageous and costly lawsuits that in- Law School responding to the adminis- this bill are commonsense provisions hibit economic growth, threaten small tration’s policy. I think he gets to the that level the playing field and encour- businesses, and inflict a litigation tax heart of why the administration’s con- age fairness in our product liability on American consumers of $152 billion cerns then and now are misplaced, in system. They are changes that Ameri- a year—that’s right, $152 billion a year. error, and an excuse to veto this bill. cans want and deserve. I want to congratulate Chairman Let me read from that letter. I could go on and on about ridiculous PRESSLER, and particularly Senators Professor Priest—responding to the product liability cases that Americans GORTON and ROCKEFELLER for their bill’s then punitive damages limit of are sick of hearing about. hard work—years of hard work, real- three times economic damages or Everyone has heard of the McDon- ly—on this important legislation. I $250,000, whichever is greater—writes: ald’s coffee case, but remember the also want to thank Senator LOTT for The Administration opposes the cap on pu- McDonald’s milkshake case? I spoke at his assistance in resolving the dif- nitive damages on the grounds that the cap length about that on the floor last ferences between House and Senate. ‘‘invites a wealthy potential wrongdoer to But despite all the work, all of the weigh the risks of a capped punitive award spring. A man had purchased a milkshake at bipartisanship, all of the sweet whis- against the potential gains of profits from pers of support out of the White House, the wrongdoing. the McDonald’s drive-through, put it suddenly we are voting on a bill that is I note that the administration used between his legs, spilled it all over himself, and got into an accident with under a threat of veto. that exact same phraseology in its Why? Well, let us take a look at what statement of administration policy another driver. That driver sued McDonald’s on a product liability the- President Clinton said last Saturday issued on March 16, 1996. when he issued his veto threat. Presi- ory and claimed that McDonald’s Professor Priest went on to write: dent Clinton said that he was con- should have warned the milkshake Meaning no disrespect, the administra- cerned about federalism and an ‘‘un- drinker not to drink milkshakes and tion’s position displays a naivete unworthy warranted intrusion on State author- of the serious problems created for con- drive. (Carter v. McDonald’s Corp., 640 ity.’’ But this argument was long ago sumers and low-income consumers, in par- A.2d 850 (N.J. 1994).) dismissed by such concerned parties as ticular, by the current absence of limits on Or how about the president of the the National Governors Association. In potential punitive damages awards. Dixie Flag Manufacturing Co. who tes- The administration appears to criticize fact, the Governors, including then- tified before the Commerce Committee and to want to prevent the calculation by Governor Clinton, called for a uniform last April. His company was sued by a potential defendants of future potential national standard, stating that it man who stopped to help some employ- damages. That position cannot be sensibly would ‘‘greatly enhance the effective- maintained because it ignores the only pur- ees at another company lower a flag. ness of interstate commerce.’’ pose of punitive damages, which is to deter. The man claimed that, while holding In other words, this sudden attack of There can be no deterrence without a cal- the flag, he was blown off the ground culation of a possible future penalty. The en- States rights fever is misplaced. by a strong gust of wind and that the President Clinton also said last Sat- tire system of punitive damages is premised flag ripped, causing him to fall and on the hope that potential wrongdoers will urday that he was concerned the bill engage in such calculations and decide hurt himself. He sued the flag com- would ‘‘prevent injured persons from against engaging in harm-causing behavior. pany, claiming that the flag was unrea- recovering the full measure of their If there were no such calculations, there sonably dangerous. That is bad enough, damages.’’ But compensatory damages would be no deterrent effect. The issue, thus, but what is worse is that there was no are not affected by this legislation at is what the level of potential punitive dam- evidence that Dixie Flag had even sold all. And punitive damages are available ages ought to be in order to obtain appro- the flag at issue. for exactly those situations for which priate deterrence. We have just got to restore some Although the administration does not ad- they were intended—situations which dress the issue, it is well established in the common sense into our legal system. involve wrongdoing or egregious con- analysis of modern tort law (and hardly con- The examples and the abuse go on duct. troversial within the academy) that the cal- and on. That is what the President said. culation of compensatory damages alone is Our large and small businesses and What the President did not say how- sufficient to create the appropriate deter- our consumers and workers are being ever was that he has been under enor- rence of loss. Additional punitive damages overwhelmed with litigation abuse. mous pressure to veto this measure awards surely reinforce the deterrent effect The vice president of the Otis Eleva- from the wealthiest and most powerful of compensatory damages, but at a cost: tor Corp. provided us with information special interest lobby in America: the Where punitive damages awards are exces- indicating that his company is sued on sive or unpredictable (which the administra- trial lawyers. tion seems to want), producers are deterred the average of once a day. Once a day. Mr. Clinton has been one of the most- from sales altogether and withdraw products Although Otis wins over 75 percent of favored recipients of their largess. The and services from markets. Excessive or units cases, on average over the past 3 Center for Responsive Politics found predictable punitive damage awards, thus, years it has spent $20 million per year that lawyers and lobbyists funneled a harm consumers and low-income consumers on liability costs, about half of which grand total of $2.6 million to Mr. Clin- most of all because low profit margin prod- has gone to attorneys’ fees. ton’s 1992 campaign. That of course ucts and services are the first to be with- These are staggering costs that vastly understates the real number, drawn. should take our breath away. They rep- Many scholars believe (and I am among since it is often impossible to identify them) that the current problems created by resent resources which could be going the source of the real donors. In just excessive punitive damages are so severe to create new jobs or undertake new the first 9 months of 1995, lawyers and that a cap of three times economic damages advancements. Our national resources law firms have pumped another $2.5 is still too high and that consumers—again, should be going to productive uses—not million into the President’s campaign especially the low income—would benefit to unnecessary and overblown litiga- coffers. from a stricter cap. tion and insurance costs. If money talks, this money screams. I think that statement accurately In short, I hope the Senate will stand And what it screams is very simple: and precisely sets out the reasons that up for what is right and what the kill each and every attempt at legal re- I and so many others have come to the American people want and need. We form. Now, I’m not one to assume just conclusion that punitive damages must should send this bill to the President. because someone gives you money, be limited to benefit consumers. It is And, the President should sign it. they call the tune. But this message simplistic and inaccurate for opponents Mr. DOLE. Mr. President, there is a has apparently been heard down at the of this bill to claim that unlimited pu- broad bipartisan consensus that we White House loud and clear. nitive damages benefit consumers. must do more to curb lawsuit abuse in Consider the record: President Clin- They do not. America—the kind of abuse that has ton instigated a filibuster to stop legal

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2394 CONGRESSIONAL RECORD — SENATE March 20, 1996 reform that covered small business and Mr. ABRAHAM. Mr. President, I rise $18,000 cost of a heart pacemaker, $3,000 charities and volunteer organizations today in support of H.R. 956, a bill to goes to cover lawsuits, as does $170 of last year. reform product liability law. the $1,000 cost of a motorized wheel- President Clinton pulled a much-pub- A few months ago, the 104th Congress chair and $500 of the cost of a 2-day ma- licized flip-flop and vetoed the securi- took the first momentous step toward ternity hospital stay. ties litigation reform late last year. legal reform. Over President Clinton’s We can no longer afford to allow this Fortunately, Congress overrode his veto, we passed H.R. 1056, a bill to re- trend to continue. I am glad, therefore, veto. form securities litigation. that this bill begins to cap punitive President Clinton now threatens to This legislation will significantly damages—although in my judgment it veto a modest and bipartisan bill that curb the epidemic of frivolous lawsuits only makes a beginning in that area. he once suggested he would support. that are diverting our Nation’s re- I am particularly glad that the bill This is unfortunate, but how it hap- sources away from productive activity imposes a hard cap of $250,000 on puni- pened is worse. and into transaction costs. tive damages assessed against small Before he said he would veto this bill, In passing H.R. 956, the Senate will businesses—the engine of growth and President Clinton’s allies did some- be taking an equally important second invention in our Nation. thing very cynical. Mr. Clinton’s step on the road toward a sane legal re- Of course, punitive damage awards friends on the Hill made sure that the gime of civil justice. are not the only things increasing the protections from lawsuit abuses in this Our current legal system, under costs of needed products. compromise bill would not be extended which we spend $300 billion or 4.5 per- Throughout the debate over civil jus- to charities and nonprofits. cent of our gross domestic product tice reform I have been referring to the Why would they do that? Everyone each year, is not just broken, it is fall- case of Piper Aircraft versus Cleveland. professes to want such protections ing apart. I use that example because it shows passed into law. Yet, they insisted. This is a system in which plaintiffs how ridiculous legal standards can lit- Well, obviously, it would have been receive less than half of every dollar erally kill an industry—as they did more difficult to veto a bill that of- spent on litigation-related costs. It is a light aircraft manufacturing in Amer- fered protections for charities and vol- system that forces necessary goods, ica—and cost thousands of American unteer organizations. It would have such as pharmaceuticals that can treat jobs. interfered with posturing as the de- a number of debilitating diseases and In Piper Aircraft, a man took the fender of the little guy. So, those pro- conditions, off the market in this coun- front seat out of his plane and inten- tections had to go. And 2 days after try. tionally attempted to fly it from the those protections were deleted by his This is a system in which neighbors back seat. He crashed, not surprisingly, allies, President Clinton issued his veto are turned into litigants. I was particu- and his family sued and won over $1 threat. larly struck by a recent example re- million in damages on the grounds that I don’t intend to play this game. ported in the Washington Post. This he should have been able to fly safely Charities and volunteer organizations case involved two 3-year-old children from the back seat. deserve relief, not cynical politics as whose mothers could not settle a sand- These are the kinds of decisions we usual. box dispute—literally, a preschool al- must stop. Drunken plaintiffs, plain- Elaine Chao, president of the United tercation in the sandbox—without tiffs who abuse and misuse products— Way of America, recently wrote a pas- going to court. plaintiffs who blame manufacturers sionate plea calling for protections for Something must be done about this and sellers for their own misconduct— charities, so caseworkers in family situation and this litigious psychology, should not be rewarded with large sums counseling agencies, literacy tutors, Mr. President, and this bill puts us on of money. They may deserve our con- and volunteer fundraisers won’t be the road to real, substantive reform. cern and sympathy, but we, as a peo- chased away by the threat of liability. It institutes caps on punitive dam- ple, do not deserve to pay for their mis- All Americans should be outraged, as ages, thereby limiting potential wind- conduct through the loss of entire in- Elaine Chao puts it, by ‘‘the prolifera- falls for plaintiffs without in any way dustries. tion of frivolous lawsuits that treat interfering with their ability to obtain I am happy that this bill establishes charities and nonprofits as pinatas, as full recovery for their injuries. defenses based on plaintiff inebriation so many bags of goodies to be plun- It provides product manufacturers and abuse of the product because I be- dered.’’ with long-overdue relief from abusers lieve these defenses will benefit all That’s why Senator HATCH and I have of their products. Americans. introduced a bill that provides such re- And it protects these makers, and Finally, it seems clear to me that no lief. Our bill would protect charities sellers, from being made to pay for all manufacturer should be held liable for and nonprofits like the Little League or most noneconomic damages when noneconomic damages which that indi- and Girl Scouts. I intend to bring it to they are responsible for only a small vidual or company did not cause. the floor for consideration as soon as percentage. In its common form, the doctrine of possible. First, as to punitive damages. No one joint liability allows the plaintiff to The President and his allies will then wants to see plaintiffs denied full and collect the entire amount of a judg- be asked to make a simple choice be- fair compensation for their injuries. ment from any defendant found par- tween protecting charities or enriching And this bill would do nothing to get in tially responsible for the plaintiff’s trial lawyers. the way of such recoveries. damages. President Clinton, please do not Unfortunately, punitive damages Thus, for example, a defendant found block this measure again. Do not let have come to be seen as part of the to be 1 percent responsible for the the heavy hand of special interests normal package of compensation to be plaintiff’s damages could be forced to stay the helping hand of charities. expected by plaintiffs. George Priest of pay 100 percent of the plaintiff’s judg- Mr. President, with nearly 19 million the Yale Law School reports that in ment. new suits filed per year—1 for every 10 one county, Bullock, AL, 95.6 percent This is unfair. And the unfairness is adults—no one is immune from the of all cases filed in 1993–94 included aggravated when noneconomic dam- lawsuit epidemic. The cost of defending claims for punitive damages. ages are awarded. yourself in an average, nonautomotive Punitive damages are intended to Noneconomic damages are intended case is about $7,500. That is money you punish and deter wrongdoing. When to compensate plaintiffs for subjective lose even if you win your case. they become routine—one might say harm, like pain and suffering, emo- The lawyers, of course, never lose. It when they reach epidemic propor- tional distress, and humiliation. is time that this stopped. tions—they end up hurting us all by in- Because noneconomic damages are I hope President Clinton will recon- creasing the cost of important goods not based on tangible losses, however, sider his ill-advised veto threat. In the and services. there are no objective criteria for cal- meantime, I urge my colleagues to pass For example, the American Tort Re- culating their amount. As a result, the this bill. form Association reports that, of the size of these awards often depends more

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2395 on the luck of the draw, in terms of the which, according to a recent Gallup tions are not excluded from the provi- jury, than on the rule of law. Defend- survey, one out of every five small sions of the bill. Does the Senate really ants can be forced to pay enormous businesses decides not to introduce a want to send a signal to those who, for sums for unverifiable damages they did new product, or not to improve an ex- example, serve alcohol to minors that not substantially cause. isting one, out of fear of lawsuits? their liability is substantially reduced? This bill would reform joint liability The clear answer, I believe, is that The conference report language in the product liability context by al- consumers are hurt by our out-of-con- changes the Senate bill’s provision on lowing it to be imposed for economic trol civil justice system, a system statute of repose by reducing the num- damages only, so that a defendant which makes them pay more for less ber of years and inserting ambiguity on could be forced to pay for only his pro- sophisticated and updated goods. the scope of products covered under portionate share of noneconomic dam- I respectfully suggest that President statute of repose. The statute of repose ages. Clinton look beyond the interests of is reduced from the Senate bill’s period As a result, plaintiffs would be fully his friends among the trial lawyers to of 20 years to the conference report’s compensated for their out-of-pocket the interests of the American people as period of 15 years. Changes in the defi- losses, while defendants would be bet- a whole. nition of durable goods have raised am- ter able to predict and verify the If he looks to that interest he will biguity over whether the statute of amount of damages they would be find a nation hungry for reform, yearn- repose remains applicable to only dura- forced to pay. ing to be freed from a civil justice sys- ble goods used in the workplace. This reform thus would address the tem that is neither civil nor just, seek- Finally, my concern remains about most pressing concerns of plaintiffs ing protection from egregious wrongs, provisions which change State law only and defendants alike. but not willing to sacrifice necessary Mr. President, problems will remain when that law is unfavorable to neg- goods, important public and voluntary ligent manufacturers. If the goal is to with our civil justice system after this services, and the very character of bill is made into law—if this bill is create a uniform Federal law, the con- their communities to a system that no ference report should not make excep- signed by President Clinton and made longer produces fair and predictable re- law. tions for States in the areas of statute sults. of repose and punitive damage cap for- Charities and their volunteers will If we in this chamber consult the in- mulas. remain unprotected from frivolous law- terest of the people, Mr. President, we suits. will pass this bill. If President Clinton I regret that I am unable to vote for Our municipalities will remain ex- consults that primary interest, he will cloture on this conference report. I re- posed to profit-seeking plaintiffs. sign the bill and make it law. main supportive of reasonable and bal- And the nonproducts area of private Mr. President, I yield the floor. anced product liability reform. My civil law in general will remain Mr. CONRAD. Mr. President, today’s vote for final passage of the Senate bill unreformed—3-year-olds and their vote marks the return of the product on May 10, 1995, is a testament to my mothers may still end up in court over liability issue to the Senate. It was position. a sandbox altercation. about 1 year ago, May 10, 1995, when I Mr. BAUCUS. Mr. President, I rise in In the last session I and some of my voted for final passage of the Senate opposition to this conference report. colleagues fought for more extensive, version of the product liability bill. Like most Americans, I believe we substantive, and programmatic reforms Yet before final passage, I voted would all be better off with fewer law- to our civil justice system. These were against cloture four times. I voted suits. But, as we vote on this legisla- consistently turned back. against cloture because I had reservation, we must also ask ourselves if we I believe at this point it is time for tions about some of the provisions in are being fair to average Americans us to consider more neutral, procedural the bill, including the absolute puni- who are injured by dangerous products. reforms, such as in the area of Federal tive damage cap and one way preemp- conflicts rules, to rationalize a system As I will discuss in more detail in tion clauses within the bill. However, we cannot seem to tame. just a moment, I believe my home But I am certain, Mr. President, that after cloture was achieved, I voted in State of Montana has done a fine job of this bill marks an important step to- support of final passage in the hopes discouraging unnecessary litigation ward a fairer, more reasonable and less that the Senate and House conferees, and excessive damage awards. We have expensive civil justice system. working in conjunction with the White found a balance—a fair balance—that This is why I am frustrated that House, would reach a reasonable, bal- works for Montana and I believe other President Clinton has threatened to anced, and fair compromise. states should be allowed to the same. Unfortunately, the conference report, veto this bill. BILL INTRUDES ON STATE RESPONSIBILITIES rather than improving the bill, raises The President has stated repeatedly This past December, I supported wel- that he would support balanced, lim- more questions and concerns. In the Senate bill, the language made it clear fare reform legislation. My reason, in ited product liability reform. He has essence, was that a Federal program been singularly unhelpful in his opposi- that the following would be excluded from the definition of product, elec- was broken and could be managed bet- tion to more far-reaching reforms that ter by State governments. would do more for American workers tricity, water delivered by a utility, The product liability bill before us and consumers. But he has claimed natural gas, or steam. However, the now does just the opposite. It takes that he would support product liability conference report adds an exception State laws which are not broken and reform. that in application, swallows the exclu- Now the President is claiming that sion. The exception provides that if subordinates them to a Federal law. It this legislation is somehow unfair to electricity, water delivered by a util- preempts the civil law of all 50 States consumers. ity, natural gas, or steam is subject and expands Federal powers into an Mr. President, is a system in which under State law to strict liability, the area which, for two centuries, has been fifty seven cents of every dollar award- provisions of the product liability con- governed by the States. That is a very ed in court goes to lawyers and other ference report apply. This is an expan- grave decision, and it is one we should transaction costs fair to consumers of sion of the Senate bill. not take unless there is absolutely no legal services? Also, in the Senate bill, the provision alternative. Is it really pro-consumer to have a regarding negligent entrustment was Now, I am not an absolutist on this system in which, as reported in a con- found in the applicability section and point. In some unusual cases—in par- ference board survey, 47 percent of it provided that nothing in the title, ticular, when States are violating the firms withdraw products from the mar- the products liability bill, would apply rights of individuals—the Federal Gov- ketplace, 25 percent discontinue some to negligent entrustment cases. How- ernment should step in. For example, form of research, and 8 percent lay off ever, in the conference report, the neg- the Federal Government was right to employees, all out of fear of lawsuits? ligent entrustment language is moved intervene and eliminate segregationist Please tell me, Mr. President, are to the seller liability section and Jim Crow laws through the Civil consumers helped by a system in therefore negligent entrustment ac- Rights Act and the Voting Rights Act.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2396 CONGRESSIONAL RECORD — SENATE March 20, 1996 But in this case, State governments seriously harm Montana small busi- place equipment who blame employers for are exercising their tort law respon- nesses. injuries to their employees. Consequently, sibilities perfectly well. There is no I recently asked Prof. David Patter- even employers who are otherwise immune reason for the Feds to take over. son of the University of Montana from liability under Montana’s workers com- School of Law to review this con- pensation scheme will frequently be dragged THE MONTANA CASE into costly lawsuits between injured workers Let us look at the case of Montana to ference report and advise me of its po- and the manufacturers or sellers of defective see why. tential impacts on Montana business. machinery. Our Chief Justice, the Honorable Professor Patterson is an acknowl- H.R. 956 will also increase workers com- Jean Turnage, summed it up in a letter edged expert in Montana workers compensation premiums in Montana by forcing he wrote to me in 1994 in his capacity pensation law. He is also chairman of Montana employers and their workers com- the State Bar Ethics Committee. pensation insurers to pay for workplace inju- as President of the Conference of Chief ries which are currently the responsibility of Justices. In that letter he said: Professor Patterson has advised me that this conference report could have manufacturers and sellers of defective prod- Federal preemption of existing State prod- unfavorable, perhaps unintentional im- ucts. Whatever its other merits, H.R. 956 un- uct liability law at this point is an unwise deniably shifts additional costs of workplace and unnecessary intrusion upon the prin- pacts * * * on Montana employers. injuries caused by defective products onto ciples of federalism. Specifically, he points to its provi- Montana employers. sions overriding existing Montana Justice Turnage is on very firm Finally, and perhaps most dangerously, workers compensation law. As it is ground. Over time, Montana has draft- H.R. 956 seriously jeopardizes the core immu- today, Montana workers compensation nities historically enjoyed by Montana em- ed and amended our State laws to law protects employers from virtually ployers. H.R. 956 forcibly injects the issue of make sure they reflect our needs. For all workplace-related products liability employer fault into a previously no-fault example, our legislature has imposed a suits. But Professor Patterson believes state workers compensation scheme. The bill punitive damage cap in medical mal- also expressly preempts all inconsistent the legislation before the Senate would practice cases. We also let small busi- state statutes—including those guaranteeing eliminate or significantly errode these nesses register as limited liability exclusive-remedy protection to employers. If protections for Montana employers. I companies to reduce their exposure to (as seems likely) the Montana Supreme find that deeply troubling. civil suits. Court, in any of several pending appeals, Mr. President, I ask that the full text And Montana has already solved finds limits to such a faultbased workers of Professor Patterson’s letter to be compensation system under Montana’s Con- many of the other problems this prod- printed in the record immediately fol- stitution, then H.R. 956 will automatically uct liability reform bill attempts to lowing these remarks. preempt the exclusive-remedy statutes now address. The PRESIDING OFFICER. Without taken for granted by Montana employers. LIABILITY ALREADY REFORMED IN MONTANA objection, it is so ordered. Please consider carefully the unfavorable, First, we strike a fair balance be- (See exhibit 1.) perhaps unintentional, impacts of H.R. 956 tween plaintiffs and defendants. The Mr. BAUCUS. Now, I believe that on Montana employers. Please contact me if I can provide additional information or as- doctrine of joint and several liability is many companies have legitimate griev- sistance. Thank you. a good example. ances with some of the State tort laws. Respectfully, Montana applies joint liability only But they should take the complaints to Prof. DAVID PATTERSON. when defendants are more than 50 per- the States and do the job there. It is The PRESIDING OFFICER (Mr. cent responsible for a person’s injury. simply unnecessary—and really, it is FRIST). Who yields time? Defendants who are less than 50 per- wrong—to bring in Federal law enforce- Mr. GORTON. Mr. President, I yield 2 cent liable are accountable only for the ment and Federal courts to nationalize minutes to the Senator from West Vir- amount of injury directly attributable the tort laws. And its potential im- ginia. to their wrongdoing. pacts on Montana workers compensa- Mr. ROCKEFELLER. Mr. President, I This makes sense. Defendants should tion law show how dangerous—and thank my colleague from the State of not be held jointly liable when they are costly for small businesses—this can Washington. only minimally responsible. Con- become. Mr. President, we are about now to versely, the injured should not go un- As Chief Justice Turnage said, it is vote on what I think is an enormously compensated when a defendant is more unnecessary and unwise for Congress to important bill in terms of human than half responsible. try and take over these State respon- beings and in terms of the prospects for So we have found a balance on liabil- sibilities. Montana has managed its li- a better growing economy. However, I ity. And this bill would destroy the ability laws for over 100 years. We have will be specific in my closing remarks. balance. Because if it passes, Federal exercised our rights in a responsible There has been so much confusion law would void Montana’s joint and and balanced way. And we should be about what is and what is not covered several liability statute completely. able to do so for the next hundred under product liability in the con- MONTANA COURTS FAIR IN PUNITIVE DAMAGES years. ference report, and I think that is be- Second, look at Montana’s treatment And Congress, for its part, should get cause there has been a very deliberate of punitive damages. back to its real business and what the attempt to mislead people during the Again, we looked at the issue and people expect—working together to course of this debate and prior to it. found a solution that meets our needs. balance the budget, raise the minimum There is one example I hope will en- Our courts award punitive damages wage, and help our families provide lighten my colleagues. Yesterday I re- only in limited circumstances where a themselves and their children with a ceived a letter from MADD, Mothers corporation clearly acts in a reckless secure future. Against Drunk Driving, which incor- way that endangers public safety. EXHIBIT 1 rectly quoted the legislation and, from We allow juries to award punitive THE UNIVERSITY OF MONTANA that, concluded that drunk driving damages only when a product manufac- SCHOOL OF LAW, cases would be protected. That is to- turer or seller is guilty of actual fraud Missoula, MT. Re H.R. 956 counterproductive for Montana tally wrong. Drunk driving cases will or malice. Montana juries awarded employers. not be covered by this bill. Here is these punitive damages a grand total of what MADD said. The bill covers Sen. MAX BAUCUS, three times since 1965. And under H.R. Senate Hart Building, Washington, DC. ‘‘harm caused by a product or product 956, Montana juries would have great DEAR SEN. BAUCUS: As a Montana law pro- use’’. Here is the correct quote, Mr. difficulty awarding punitive damages fessor who teaches workers-compensation President. The bill covers ‘‘harm even when the defendant has shown courses, I urge you to consider, before voting caused by a product.’’ It is product li- total disregard and disrespect for the on H.R. 956, the ‘‘Common Sense Product Li- ability that we are talking about—not health and welfare of the consumer. ability Legal Reform Act of 1996,’’ how sure- product use but product. There is a ly and severely Section 111 of that bill would PROTECTING MONTANA WORKERS COMPENSATION huge difference. impact Montana employers and their work- LAW ers compensation insurers. Mr. President, many other well- Last but not least, I am deeply con- Section 111(a)(3) of H.R. 956 clearly rewards meaning workers and people have been cerned about how this legislation could manufacturers and sellers of defective work- totally mislead about what this bill

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2397 covers. The issue of what is covered Tara is one of 50,000 hydrocephalics in That, Mr. President, is what this de- and what is not covered is this: Is it the United States with a condition bate is all about—whether or not young the product that causes harm? If yes, that previously could not be treated at people and older people will be able to then it is covered in the bill. However, all and was a literal terror to its vic- get medical devices that they need if the person using the product that tims and to their parents. without the manufacturers being causes harm—such as the driver of a She has, nonetheless, led a normal frightened out of the business by liabil- car—the case is not covered by this life, almost a normal life, due to a se- ity costs, and whether or not industries bill. ries of silicon shunts which have to be in the United States will be able to op- Mr. HOLLINGS. Mr. President, I read replaced every year or so due to her erate successfully to hire people to the law, and it is properly quoted by growth rate. produce goods that people would like MADD. We doublechecked because we It is now becoming next to impos- to buy. heard some rumors. So checking it out, sible for Tara to get such a silicon We have a legal system now which we found that the MADD position in shunt because the one company, Dow- has hurt our competitiveness, has driv- opposition to this legislation is the Corning, that is willing to manufacture en up prices, has reduced the choices same as I included in the RECORD, you it, is in bankruptcy largely due to that the American people have, all to can read the exact language which says product liability litigation and is oblige a handful of trial lawyers. This ‘‘any several action brought, or any threatened with class actions. bill is a modest beginning to create a theory of harm caused by a product or Dow-Corning simply manufactures redress in that balance and to restore product use’’—period, end quote. So the silicone. In one of these shunts its the economy of the United States and they know what they are talking net return is $1 or $2. As the Presiding to provide better products for more about. Officer as a physician knows, not every people at a lower cost more of the Now to the confusion. You saw that medical device works perfectly at all time. It is just as simple as that, Mr. 30-minute demonstration we had out times and under all circumstances. I President. here about strict liability and utilities. think it is almost inevitable that Mr. President, how much time re- They wrote that in the double negative among those 50,000 hydrocephalics, or mains? fashion because they did not want to the numbers of thousands who use The PRESIDING OFFICER. Twenty- say we are going to exempt strict li- these shunts at some point or another, four seconds. ability. So they have done so by cov- one of them is going to die, and there Mr. GORTON. I yield the remainder ering it in this bill. will be a threat of a lawsuit against of my time. Right to the point, they tell the gas every one who had anything to do with Have the yeas and nays been ordered? company to go ahead and get reckless the shunt. The manufacturer of the The PRESIDING OFFICER. They are and not worry about punitive damages material itself would be brought right automatic. into that lawsuit. Its liability, even if for the simple reason that now, having CLOTURE MOTION it wins, the cost of its attorney’s fees been written that way, you have to The PRESIDING OFFICER. Under will be far more than the gross sales have malice. the previous order, pursuant to rule price of all of the silicone it sold. So it I could cover a plethora of things. XXII, the Chair lays before the Senate will not sell the material. We now in The solution is within the States. The the pending cloture motion, which the some parts of the world have a black Senator from Rhode Island was correct. clerk will report. market in these shunts for exactly this We have been on it for 15 years. The The bill clerk read as follows: State of Tennessee has acted. The reason. State of South Carolina has acted. So to save the trial lawyers, to deal CLOTURE MOTION When we say it is a moderate, bipar- with all of the abstractions we heard We, the undersigned Senators, in accord- tisan bill, the opposition is moderate from here today, Tara Ransom and oth- ance with the provisions of rule XXII of the ers like her may soon not be able to get Standing Rules of the Senate, do hereby and bipartisan. There is bipartisan op- move to bring to a close debate on the con- position because this goes totally the very devices that have allowed ference report to accompany H.R. 956, the against the grain. When I was sent up them to lead reasonably normal lives. Product Liability Fairness Act: here some 29 years ago standing for If this bill passes—and I refer you to Slade Gorton, Trent Lott, Hank Brown, States rights, here comes the crowd fi- the statement of Senator MCCAIN—that Chuck Grassley, Craig Thomas, Larry nally saying let us have education back will no longer be the case. It is one of E. Craig, Frank H. Murkowski, Nancy to the States; Medicaid, let us have it the harms, one of the outrages, in our L. Kassebaum, Mark Hatfield, Larry back to the States; crime and block present legal system which will be con- Pressler, Bob Smith, Jon Kyl, John H. trolled by this bill. Chafee, Conrad Burns, Pete V. Domen- grants back to the States; welfare, the ici, John McCain. Governors say, come, give it to us, Mr. President, the Cessna airplane VOTE back to the States. The States are company—in the late 1970’s general air- doing the job. The majority leader runs craft in the United States was being The PRESIDING OFFICER (Mr. around with a tenth amendment in his manufactured and shipped at the rate COHEN). The question is, Is it the sense pocket and pulls it out, and says we of more than 17,000 a year. By 1982, it of the Senate that debate be brought to have government going back to the was down to almost just more than a close? The yeas and nays are manda- States. But the business crowd down- half of that. By 1986, claims hit $210 tory under rule XXII. The clerk will town wrote this sorry measure. It is million a year. By 1991, Piper went into call the roll. not bipartisan with respect to the con- bankruptcy. By 1993, 100,000 jobs had The bill clerk called the roll. ference. We were never asked into that been lost in general aviation largely The yeas and nays resulted—yeas 60, conference; never considered. That had due to our present product liability nays 40, as follows: not happened. That had not happened. system. By that time, fewer than 1,000 [Rollcall Vote No. 44 Leg.] I found out about this on CBS when planes per year were being manufac- YEAS—60 they talked about the silly case of tured in the United States as against Abraham Dorgan Johnston women going into the men’s room. 17,000. In August 1994, this Congress Ashcroft Exon Kassebaum passed the General Aviation Revital- Bennett Faircloth Kempthorne The PRESIDING OFFICER. The Sen- Bond Frist Kohl ator’s time has expired. ization Act. All it consisted of was a Brown Glenn Kyl Who yields time? statute of repose at 18 years for air- Burns Gorton Lieberman The Senator from Washington. craft. That is all that was in that re- Campbell Gramm Lott Chafee Grams Lugar Mr. GORTON. Mr. President, this de- form. Already there has been a re- Coats Grassley Mack bate can come down to an example in- bound. The very next year more air- Cochran Gregg McCain volving one individual, a young girl, craft were manufactured than were Coverdell Hatch McConnell and one company. The young girl is manufactured before, and this year Craig Hatfield Moseley-Braun DeWine Helms Murkowski Tara Ransom, whose story is told in to- Cessna is building a $40 million plant Dodd Hutchison Nickles day’s Wall Street Journal, and who to hire 2,000 people to get back into Dole Inhofe Nunn with her parents has come to my office. this business. Domenici Jeffords Pell

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2398 CONGRESSIONAL RECORD — SENATE March 20, 1996 Pressler Smith Thomas McCain Santorum Stevens and communications systems; and fi- Pryor Snowe Thompson McConnell Shelby Thomas nally, both domestic and international Rockefeller Specter Thurmond Murkowski Simpson Thompson Santorum Stevens Warner Nickles Smith Thurmond terrorism. Pressler Snowe As has been all too common in the NAYS—40 Warner Roth Specter past, our military planning focuses on Akaka Feingold Mikulski NAYS—47 maintaining the force structure that Baucus Feinstein Moynihan Biden Ford Murray Akaka Feinstein Lieberman proved effective in winning the last Bingaman Graham Reid Baucus Ford Mikulski war, while too little attention has been Boxer Harkin Robb Biden Glenn Moseley-Braun given to the changing and uncertain Bingaman Graham Bradley Heflin Roth Moynihan nature of future conflicts. Breaux Hollings Sarbanes Boxer Harkin Murray Bradley Heflin We must now undertake another ef- Bryan Inouye Shelby Nunn Bumpers Kennedy Breaux Hollings Simon Pell fort to reshape our strategy and force Byrd Kerrey Bryan Inouye Simpson Pryor structure, an effort which is innovative Cohen Kerry Bumpers Johnston Wellstone Reid Conrad Lautenberg Byrd Kennedy and forward-thinking rather than con- Robb D’Amato Leahy Wyden Conrad Kerrey strained by the accepted principles of Rockefeller Daschle Levin Daschle Kerry the past. A key focus of this effort Dodd Kohl Sarbanes The PRESIDING OFFICER. On this Dorgan Lautenberg Simon must be ensuring that our defense vote, the yeas are 60, the nays are 40. Exon Leahy Wellstone strategy and military forces are flexi- Three-fifths of the Senators duly cho- Feingold Levin Wyden ble and capable of quickly evolving to sen and sworn having voted in the af- The PRESIDING OFFICER. On this meet any new threats. firmative, the motion is agreed to. vote, the yeas are 53, the nays are 47. In this effort, we cannot ignore the Mr. LOTT. Mr. President, I move to Three-fifths of the Senators duly cho- fiscal realities of our debt-ridden Fed- reconsider the vote by which the mo- sen and sworn not having voted in the eral Government. Planning for our fu- tion was agreed to. affirmative, the motion is rejected. ture military capabilities must be tem- Mr. COVERDELL. I move to lay that Mr. DOMENICI. Mr. President, I ask pered by a realistic view of fiscal con- motion on the table. unanimous consent that the Senator straints on future defense budgets, The motion to lay on the table was from Arizona be permitted to speak for without allowing those constraints to agreed to. 15 minutes as in morning business. become the dominant factor in our de- The PRESIDING OFFICER. Without cisions about future defense require- f objection, it is so ordered. ments. We must be prepared to accept WHITEWATER DEVELOPMENT f the cost of being a world power. In short, we must focus on the most cost- CORP. AND RELATED MATTERS READY TOMORROW: DEFENDING effective means of maintaining the AMERICAN INTERESTS IN THE CLOTURE MOTION military capabilities necessary to en- 21ST CENTURY The PRESIDING OFFICER (Mr. sure our future security. GORTON). Under the previous order, Mr. MCCAIN. Mr. President, as we Mr. President, we now face a signifi- pursuant to rule XXII, the Chair lays near the end of this century, we must cant gap between our force plans and before the Senate the pending cloture be prepared to deal with the changing the resources available to implement motion, which the clerk will report. realities of the post-cold-war world and them. By 1995, the defense budget had The assistant legislative clerk read to meet the new challenges of the 21st been cut by more than 35 percent in as follows: century. My purpose in speaking today real, inflation-adjusted dollars in just CLOTURE MOTION to the Senate is to open a debate on 10 years. Independent assessments of We, the undersigned Senators, in accord- the continuing need to reshape our na- the cost of the BUR force show that it ance with the provisions of rule XXII of the tional security strategy and military exceeds the funding levels dedicated by Standing Rules of the Senate, do hereby force structure to address those new the current administration in the Fu- move to bring to a close debate on the the challenges. ture Years Defense Program [FYDP] by motion to proceed to Senate Resolution 227, We have already made several at- $150 billion to $500 billion. regarding the Whitewater extension: tempts to deal with these new realities. Alfonse D’Amato, Dan Coats, Phil As a result, we have been confronted Gramm, Bob Smith, Mike DeWine, Bill The Base Force and Bottom Up Review by a series of Hobson’s choices. We Roth, Bill Cohen, Jim Jeffords, R.F. processes were laudable early efforts. have had to choose among cutting Bennett, John Warner, Larry Pressler, However, we have not yet made the dif- force strength, maintaining readiness, Spencer Abraham, Conrad Burns, Al ficult decisions to adapt to the chal- or funding force modernization within Simpson, John H. Chafee, Frank H. lenges created by the collapse of the the constraints of continually declin- Murkowski. Soviet Union and the Warsaw Pact. ing defense budgets. The result has VOTE Our current strategy and force plans been reductions in all three areas. The PRESIDING OFFICER. The are not structured to meet the chal- Over the past 5 years, we have re- question is, Is it the sense of the Sen- lenges of the future. duced our military manpower levels by ate that debate on the motion to pro- The potential threats to our national more than half a million people. After ceed to Senate Resolution 227 shall be security interests today and in the fu- a dangerous trend 3 or 4 years ago of brought to a close? The yeas and nays ture are different from those of the declining military readiness, there is are required. The clerk will call the cold war; they are less deterrable by now broad agreement that we have re- roll. traditional means and often less easily stored current levels of operational ac- The assistant legislative clerk called defeated. We no longer face a super- tivity and readiness of the smaller the roll. power threat from the former Soviet BUR force. However, we have done so The yeas and nays resulted—yeas 53, Union, although we must be ‘‘prepared by foregoing the modernization pro- nays 47, as follows: to prepare’’ to defend against an grams required to ensure the effective- [Rollcall Vote No. 45 Leg.] emerging major power threat. We must ness of that small force. YEAS—53 deal with a wide range of lesser threats The Chairman of the Joint Chiefs of throughout the world, including: re- Staff has repeatedly warned that pro- Abraham Craig Hatch Ashcroft D’Amato Hatfield gional and ethnic conflicts in which curement accounts are seriously under- Bennett DeWine Helms the United States could easily become funded, and the Vice Chairman has said Bond Dole Hutchison involved; the rise of extremist and rad- we face a ‘‘crisis’’ in weapons procure- Brown Domenici Inhofe Burns Faircloth Jeffords ical movements; the proliferation of ment. Campbell Frist Kassebaum weapons of mass destruction and the Because of the modernization crisis, Chafee Gorton Kempthorne means to deliver them; the increasing the Chairman of the Joint Chiefs has Coats Gramm Kyl capability of individuals and nations to set a procurement funding goal of $60 Cochran Grams Lott Cohen Grassley Lugar attack us through our dependence on billion per year. However, the Presi- Coverdell Gregg Mack technology, particularly information dent’s fiscal year 1997 defense budget

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2399 includes only $39 billion for procure- Without both a credible foreign policy Very briefly, let me describe the ment—nearly $5 billion less for pro- and a strong military force, the ability principal warfighting capabilities that curement than was projected in the of the United States to shape the fu- must be maintained to ensure our read- previous year’s budget and far short of ture course of world events is severely iness in the future. the Chairman’s target. The administra- hampered. Naval forces: Our naval forces are at tion now projects the $60 billion pro- As I noted earlier, our Nation’s fiscal the forefront of our forward presence, curement funding goal will not be situation makes it likely that the de- crisis response, and power projection reached until the year 2001—3 years be- fense budget will, at best, remain at capability. They are among the most yond the Chairman’s target. the current level, despite recent efforts likely to be called to respond to a crisis Mr. President, there is a dangerous in Congress to increase the defense and the most likely to be used in the long-term impact of postponing essen- budget. This level is widely recognized early phases of any regional conflict. tial force modernization programs. as inadequate to fund the force struc- Naval vessels should be self-sus- America’s future military readiness ture necessary to support our current taining and have significant offensive hinges on our ability to retain techno- strategy of engagement and enlarge- capability while providing for their logical superiority over any potential ment, based on a capability to fight own defense. Automation of weapon adversaries. We have already seen some and win two nearly simultaneous systems and support equipment aboard reduction in United States capabilities major regional contingencies [MRCs]. these vessels should be pursued to min- to fight in a single contingency such as Further, the two-MRC strategy is fo- imize the number of personnel required the Persian Gulf. The continuing fail- cused too narrowly on large conven- to produce an efficient, lethal fighting ure to invest wisely in military mod- tional conflicts in the Persian Gulf and platform. ernization programs has put our future Korea. It must be broadened to ensure Much of our power projection capa- readiness at risk. attention to all possible conflict sce- bility will continue to be provided by We must reverse the alarming prac- narios, not just the current military carrier-based air power, increasingly tice of postponing essential weapons capabilities of Iraq and North Korea. supplemented by cruise missiles and modernization programs. To do this, Current fiscal reality, which makes other long-range strike systems. Polit- we need to do one of two things—either unlikely future significant increases in ical uncertainties, making the use of increase the overall defense budget, or defense spending, as well as an overly forward air bases problematic, mean spend our available defense resources narrow focus of our current strategy that we cannot always rely upon these more wisely. demand that we reassess both our assets in a crisis situation. One only Last year, the Congress added $7 bil- strategy and our force structure. has to remember the United States lion to the President’s request for na- Therefore, many U.S. planners, includ- bombing of Libya in 1986, and the re- tional defense and projected adding $14 ing senior planners on the Joint Staff strictions on over-flights of certain billion to the planned fiscal year 1997 and the military staffs of the Armed countries, to realize that we must defense budget. However, the President Services, are already in the process of maintain a sufficient force of aircraft requested $9 billion less for defense in considering a single MRC strategy in carriers if we want to provide the capa- fiscal year 1997 than Congress provided which the United States would only be bility of ever-ready air power. in fiscal year 1996. able to fight one major conflict at a Marine expeditionary forces will con- Mr. President, I strongly support time. tinue to fill a critical role in any fu- much-needed efforts in Congress to In conducting a reassessment of our ture force structure because of their slow the too-rapid decline in defense future force requirements, we should flexibility and the ease with which spending. However, with continuing focus on a flexible contingency strat- they can be dispatched to regional hot pressure to balance the Federal budget egy supported by an affordable, flexible spots. These forces must be supported and alleviate our Nation’s long-term force. Our force planning should pro- with sufficient lift, mine warfare capa- fiscal crisis, there is, in my view, little vide, at a minimum, sufficient levels to bility, and shore fire support. realistic prospect of significant, sus- decisively prevail in a single, generic Our submarine force will continue to tained increases in defense spending in MRC. At the same time, we must rec- play an important role. We must, how- the future. ognize the existence of many lesser ever, re-examine the numbers and mix Therefore, it is imperative that we— threats and maintain the capability to of the planned post-cost war realities. the Congress and the administration— inflict unacceptable damage on an ad- Today’s threats make it possible to begin a debate to develop new ideas to versary should one or more of these scale back plans to replace the current, ensure the best possible U.S. military threats materialize. very capable attack submarine force force, capable of meeting the chal- This more realistic approach to fu- with an all-new class of stealthy, high- lenges of the future, within the fiscal ture force planning will eliminate the technology submarines. constraints of today’s defense budgets. gap between our current strategy and Air power: Air power that can be Today, I want to offer my thoughts on fiscal reality. While planning for a quickly deployed and engage the the issues that must be considered in flexible force with the ability of fight- enemy with devastating effect is a crit- that debate. ing a single MRC, possibly together ical element of any future force struc- Mr. President, our national security with one or more lesser threats, may ture. Our air assets must be main- strategy must complement a credible necessitate the acceptance of some ad- tained at the forefront of technology in foreign policy. The United States can ditional risk in certain areas, it is far order to pose a viable threat to our en- and should use diplomacy to guide the better than to plan for forces and capa- emies. course of world events, rather than bilities that will never materialize Our tactical aircraft must have the simply observing and acquiescing in within the limits of likely future de- capability to deliver precision weapons them. Indecision, hesitation, and vacil- fense budgets. on enemy targets. Multimission plat- lation in the conduct of our foreign FUTURE FORCE STRUCTURE forms and maximum firepower per policy only encourage aggression by The nature of foreseeable conflicts platform should be absolute require- our potential adversaries, possibly requires that we continue to provide ments, as the cost of aircraft continues leading to conflict. for a force structure containing air, to climb at an enormous rate. Preci- A strong military force is essential land, and see elements that are flexible sion-guided stand-off weapons, such as to maintaining the credibility of our enough to adapt quickly to unforesee- cruise missiles, will increasingly be- foreign policy. The existence of capable able situations. Our warfighting forces come the weapon of choice for their and ready military forces, combined must be capable of responding quickly ability to attack enemy targets with- with the credible threat of their use and effectively to any potential chal- out endangering air crews and expen- when necessary to defend our national lenge and should be designed to supple- sive platforms. security interests, serves to deter the ment the military forces of our allies Procurement of self-protection equip- outbreak of conflict. If deterrence fails, in order to provide the greatest mili- ment is both necessary and cost-effec- those forces must be prepared to react tary capability in the future at the tive. Every effort should be made to early and decisively to prevail in war. lowest possible cost. build upon existing electronic and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2400 CONGRESSIONAL RECORD — SENATE March 20, 1996 other countermeasures, including limits we face on the forward deploy- Because of the continuous decline in expendables. ment of our forces, in a world where defense budgets since the mid-1980’s, At the same time, we should explore our forces could be required in any re- however, we heard warnings from our opportunities to increase the use of region of the globe, means that strategic highest-ranking military officers of a motely piloted vehicles [RPVs] and un- lift has become increasingly impor- similar readiness crisis in the early manned aerial vehicles [UAVs]. Both tant. We must increase our efforts to 1990’s. We heeded those warnings and RPVs and UAVs offer great potential procure the necessary lift capacity to managed to reverse the alarming to provide a cheaper, more effective maximize the mobility of our forces. trends toward another hollow force by means of gathering information and de- National Guard and Reserves: The dedicating increasing shares of our livering ordnance, while minimizing Reserve and Guard components of the smaller defense budgets to the readi- risk to our air crews. Armed Forces should be tasked pri- ness of our forces. We must act now to resolve the issue marily with those mission areas which Today, we are permitting our forces of strategic versus tactical bombers. support rapid power projection and re- to become hollow in a different way. We must maintain a viable offensive quire little training prior to deploy- We are shortchanging military mod- capability at an affordable cost. There- ment. Combat arms units in the Guard ernization, as we did in the 1920’s and fore, we must carefully consider cost and Reserves that cannot be mobilized 1930’s. Then, our military forces were versus capabilities in assessing the ef- within a very short period of time can- antiquated and inadequately equipped, fectiveness of our strategic and tac- not play a decisive role in conflict res- requiring several years and many mil- tical bombers in a conventional role. olution. By restricting the Guard and lions of dollars before they were pre- Current information supports a deci- Reserves to those areas where pro- pared to fight our enemies in World sion to cap the B–2 bomber program at ficiency can be maintained with mini- War II. Because of our failure to ade- its present fleet size and give higher mal unit training time, we can mini- quately fund the investment accounts, priority to precision-guided munitions mize the risk that essential military our forces today face a future armed and improved tactical fighter/bomber forces will not be prepared if they are with rapidly aging equipment which is forces. called upon in a crisis situation. difficult and expensive to maintain and Ground forces: As our overseas bas- The missions most appropriate to the operate. ing continues to decline, we must reas- Guard and Reserves, commonly re- We must stop postponing essential sess our requirement for large ground- ferred to as combat support or combat modernization programs. To maintain based forces. This will require greater service support, are those directly re- the force capabilities I have described, emphasis on allied capabilities for lated to a civilian occupation, such as and to keep them modernized, we must ground combat missions. U.S. ground transportation specialists, medical look for savings elsewhere in the de- forces must be readily deployable, re- support, public affairs, and computer fense budget. quiring a reassessment of the balance and information specialists. There are many approaches to between heavy and light forces. Great- There are, however, certain military streamlining defense operations and er emphasis and reliance on smaller, missions which should not be assigned activities that could result in cost sav- lighter, and more automated systems to the Reserves or Guard. These mis- ings and which should be done to en- may be appropriate. sions, such as heavy armor and infan- sure the best value to the American We need to retailor both our active try, require constant physical condi- taxpayer. We should consider revisiting and reserve forces to concentrate our tioning and training in large unit exer- our infrastructure requirements, mod- resources on forces we can rapidly de- cises, and are best left to the active ernizing and making more efficient ploy or move forward within a few forces which can be maintained in a cross-service activities, and greater months. We do not need units, bases, ready state for rapid deployment. privatization on nonmilitary activi- reserves, or large stocks of equipment Other force capabilities: Other high- ties. However, the magnitude of sav- that we cannot project outside the priority force capabilities include cost- ings from these efficiencies is neg- United States without a year or more effective theater and national missile ligible in comparison to the funding re- of mobilization time. defense systems, effective counter-pro- quired to modernize and maintain a Information technology will continue liferation and proliferation detection ready military force. to revolutionize the battlefield, giving capabilities, safe and reliable nuclear Another approach we should con- ground commanders unprecedented lev- deterrent forces, and technologically sider, which would save scarce defense els of situational awareness on the bat- superior, maintainable space-based sys- resources and make available needed tlefield. We must ensure that resources tems. funding for critical modernization pro- are dedicated to providing these essen- These essential force capabilities will grams, would be to reevaluate the read- tial technological enhancements. not exist in the future without suffi- iness requirements of our military Our ground forces must be properly cient investment in modernization pro- forces. Although, to a limited extent, equipped to maintain superior offen- grams. Our ability to counter future the Military services currently main- sive and defense capabilities. Increased threats will not depend on stealthy tain forces at varying readiness levels, night warfighting capabilities, in- submarines or more long-range bomb- a comprehensive, force-wide review creased survivability of tanks and ers. Instead, we should emphasize the must be performed to ensure the future heavy artillery, and improvements in capabilities most effective in likely fu- overall readiness of our forces. antiarmor defenses are particularly ture conflicts; namely, adequate stra- Criticality of forces in any future cri- important. Increased capability to de- tegic sea and air lift, enhanced amphib- sis should be the determining factor of tect, defend, and survive in a biological ious capability, next-generation tac- the degree of day-to-day readiness that or chemical warfare environment is ab- tical aircraft, deployable light ground each military unit should maintain. An solutely essential. forces, and improved command, con- evaluation should include two key fac- Special Operations Forces: We must trol, and communications systems. In- tors: First, the likelihood that forces continue to maintain the capability to vestment now in these high-priority will be called upon to respond to a conduct special military operations in programs will ensure our future readi- military crisis, and second, the time- a variety of missions. Special oper- ness. frame in which those forces would be ations forces expand the range of op- TIERED FORCE READINESS deployed. Forces could then be cat- tions available to decisionmakers by Mr. President, during the 1970’s, the egorized by readiness tiers based on the confronting crises and conflicts below United States allowed its military to degree of day-to-day readiness at which the threshold of war. These forces must become hollow by failing to dedicate they should be maintained. be able to respond to specialized con- adequate resources to the day-to-day It is important to differentiate this tingencies across the conflict spectrum operational readiness of our Armed proposed tiering of readiness require- with stealth, speed, and precision. Forces. Defense budget increases in the ments from the current fluctuations in Strategic Lift: We must continue to 1980’s restored the readiness and mo- unit readiness which are caused by focus on improving our ability to move rale of our forces and provided much- training or operational deployments. personnel and equipment overseas. The needed investment funding. For example, our Navy carrier forces

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2401 are maintained at the highest readi- Although follow-on forces have been pabilities. The long-term result of ness level while on cruise, fall back to used only rarely, we must still main- tiered readiness may very well be a a very low level when they first return tain the forces necessary to halt an es- more capable force for the future, and to homeport, and then gradually regain calating crisis. a force which is affordable under fore- their readiness as they prepare for the Buildup forces are those that can de- seeable fiscal constraints. next deployment. The proposal out- ploy and achieve combat-ready status The ideas presented in this paper are lined above for tiered force structure within a matter of weeks rather than designed to spur a much-needed debate readiness would categorize units based days. These follow-on forces require about U.S. national security strategy on their criticality to a crisis situa- permissive access to the theater of op- and military force structure for the tion, not on these normal training fluc- erations. There must be airfields avail- 21st century. The President and the tuations. able for land-based tactical aviation, Congress share in the responsibility of The following delineation of our ports available to receive land forces providing adequate military forces, forces at three different levels of mili- and logistics support, and property properly trained and equipped to deal tary readiness is proposed as the start- available for assembly and training with whatever consequences a changing point for a discussion of the con- areas and supplies and maintenance ac- ing world holds for the United States. cept of tiered readiness. tivities. We have an opportunity to chart a Tier I—Forward-Deployed and Crisis Unlike initial response forces, these new course for national security, and Response Forces: In peacetime, our for- forces may be maintained at a lower we cannot afford inaction when offered ward-deployed military forces support level, or tier, of readiness since they a chance to abandon ‘‘business as our diplomacy and our commitments will not be required in the theater of usual.’’ If we ignore the difficult issues to our allies. Our forward military operations until after the initial stages facing us today, we will fail in our presence takes the form of fixed air and of the conflict. They must, however, most basic responsibility—protecting ground bases that are home to U.S. maintain the ability to return to a the security of the American people. forces overseas, and our forward-de- high state of readiness within a short I thank my friend from New Mexico, ployed carriers, surface combatants, time. my neighbor. I know how important and amphibious forces. Some special Tier III—Conflict Resolution: In only the issue is that he brings before the operations forces are also forward-de- three of the cases mentioned above— Senate. I appreciate his indulgence. ployed, both at sea and ashore. Re- Korea, Vietnam, and Southwest Asia— The PRESIDING OFFICER. The Sen- serves become part of the equation were we engaged in sustained conflict, ator from New Mexico. through our military exercise pro- requiring a large-scale deployment of Mr. DOMENICI. I say to Senator grams. United States forces. MCCAIN, might I just comment that In the event of a crisis, these for- Forces that seldom deploy must be not only what he spoke of is vitally im- ward-deployed forces are most often maintained and available to ensure portant but, as I reviewed the Presi- called upon to respond first to contain that we have the force superiority to dent’s budget—not for the details as it the crisis. In addition, our crisis re- prevail in any conflict. Conflict resolu- pertains to these areas where the Sen- sponse forces must be able to get to the tion forces include those that deploy ator finds deficiencies but in terms of region quickly and be able to enter the late in the conflict because of limited the funding—I find that it is $14 billion region using force, since we cannot as- airlift or sealift, and the finite capac- in budget authority under what was resume that ports or airfields will be ity of the theater to absorb arriving quested in our budget resolution after available. These qualifications limit forces. Also included are the later-ar- long negotiations between the House the types of forces that must be ready riving heavy ground forces, naval and the Senate. I do not believe that to respond quickly in a crisis: forces that have not already deployed, would help any of that. It would only Air forces are limited to aircraft that and air forces that become supportable make it somewhat worse. But I wanted can make a round trip from a secure as airfields and support capability in to make that comment. base. theater expands. f Land forces include airborne units. These combat units should be main- Sea forces include carriers, surface tained at a third, or lowest, tier of PUBLIC RANGELANDS combatants, and amphibious forces readiness. They would not be required MANAGEMENT ACT within a range of a few days. in the theater of operations until after The PRESIDING OFFICER. Under The Army afloat brigade and naval about the sixth month of the conflict the previous order, the Chair lays be- maritime prepositioning forces can re- and would, therefore, have sufficient fore the Senate,S. 1459, the Public spond quickly and, supported by air- time to make ready for deployment. Rangelands Management Act. borne and amphibious forces, can ex- Finally, we must reexamine the prac- The clerk will report. pect to have a secure port and airfield tice of maintaining combat units for The bill clerk read as follows: in the region when they arrive. which there is either no identified re- A bill (S. 1459) to provide for uniform man- Because they must be able to respond quirement under our national military agement of livestock grazing on Federal effectively within a matter of days, strategy, or which cannot be deployed land, and for other purposes. forward-deployed and crisis response to a theater of operations until after a The Senate proceeded with the con- forces must be maintained at the high- time certain following the outbreak of sideration of the bill. est state, or tier, of readiness. a conflict—perhaps 9 months to a year. Mr. DOMENICI. Mr. President, let me Tier II—Force Buildup: History We should not be spending scarce de- try to talk to the Senate about where shows that crises can usually be re- fense funds on combat forces which do we are. solved or contained by the deployment not significantly enhance our national We have before us a public lands re- of only a small portion of our military security. form act that deals with grazing and capability. In the past 50 years, the Adjusting the readiness requirements other multiple uses, principally with United States has responded militarily of our military forces requires a thor- grazing as one of the multiple uses, and to crises throughout the world over 300 ough reassessment of our warfighting the reform in that for those who are times, but we have deployed follow-on strategy and tactics. We must recog- ranching on public domain. forces in anticipation of a major re- nize that maintaining force readiness There are a number of Senators on gional conflict only 5 times. These in- at different levels, or tiers, may in- our side and certainly on the Democrat clude the forward deployment of crease the potential risk in the near side who want to speak to this issue. United States troops in Europe at the term. However, the alternative is an There are a number of Senators who onset of the cold war; the deployment antiquated force of the future which have amendments. Let me make a few of forces to Korea in 1950; the deploy- would not be capable of effectively pro- observations about that. ment of forces in response to the Cuban tecting our national interests. The re- First, I want to thank the Democrat missile crisis in 1962; deployment to sources saved by tiering readiness leader, Senator DOLE, my friend Sen- Vietnam in the 1960’s; and deployment could be reinvested in modernization ator BINGAMAN, and other Democrats to Southwest Asia in 1990. and recapitalization of most needed ca- who are working on this bill because,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2402 CONGRESSIONAL RECORD — SENATE March 20, 1996 as I gather, we are going to try to ac- our side who might want to speak. I As many of you know, the showdown commodate each other and in the next would like to propose the following: in the West over cattle and grazing couple of days get this matter to a Senator BINGAMAN is here, and he rights has been going on for a long final vote. would like to speak. I would like to time. In the old days, the differences The Republican leader has graciously yield to my fellow colleagues on this were simply settled over a shot of whis- given us the rest of today, most of to- side for some opening remarks and key or with a shot from the Win- morrow, and tomorrow night as long as intersperse that between Republicans chester. But today, with our elevated is necessary to get this bill finished. and Democrats. Is Senator CAMPBELL laws and regulations, we attempt to For that we very much appreciate his prepared to make opening remarks? settle our differences using the power generosity of the Senate’s time. But I I propose that Senator BINGAMAN go of legislative language and administra- would say there has also been some first. Then, if he is ready, for him pro- tive rulemaking. However, it is clear comment about our leader about not ceed, and then we will go over to our when you read ads like that, that the having any votes on Friday. I would side in which two Senators will speak. raw passions and emotions over the suggest he has also indicated to me I am going to leave the floor. Let us management of livestock on public that he would like to see this bill fin- say that after Senator BINGAMAN, Sen- lands often persevere and drive these ished Thursday night, if we are going ator BURNS will make his own agree- very strong debates. Unfortunately for to have a Friday without votes to be ment as to which one would go first. the family rancher whose very liveli- followed by a Monday, as I understand Senator BUMPERS will not be ready hood is dependent on the fate of these it, without votes. until at least 4:30 or a little later. laws and regulations, our debates have So I ask that anyone who has an So why not handle it that way? reached such emotional heights that amendment to this bill—I only know of Mr. President, Senator STEVENS has we have almost forgotten what actu- two at this point, and I have not seen been waiting patiently on the floor. I ally happens to the family that has to one of them, but the other I am pretty ask unanimous consent that he be make a living on the land. familiar with—I hope they will accom- given 2 minutes as if in morning busi- But this issue should not be about modate us by getting to their manager ness to introduce a bill, after which we emotions or politics. It should not be and to the floor whatever amendments will follow the informal format that we driven along partisan lines. they might have. We do not need any just agreed to. The debate today should not be about surprises, and there will be none be- The PRESIDING OFFICER. Without who is right and who is wrong, on cause there are no time agreements on objection, it is so ordered. whichever version of rules and regula- the amendments. Mr. STEVENS. Mr. President, I tions we are looking at. It should not So, if we need a couple of hours to thank the Senator from New Mexico. be about the environmentalists versus look them over, we can either do it in Mr. President, I, too, have to leave the ranchers. The debate should be advance, or we will do it while the Sen- the floor. I thank my colleagues for about how to best nurture sustainable ate is in session here on the floor. permitting me to make this statement. ecosystems on the public lands in the I understand Senator BUMPERS has (The remarks of Mr. STEVENS per- West while still maintaining a con- an amendment that changes the graz- taining to the introduction of S. 1629 sistent, healthy, and viable environ- ing fees. I say to all the Senators are located in today’s RECORD under ment for ranchers and farmers to make present that I have not seen it yet. We ‘‘Statements on Introduced Bills and a living on the public lands. are asking that it be presented as soon Joint Resolutions.’’) I believe the bill of the Senator from as possible. When I sit down, I will go PRIVILEGE OF THE FLOOR New Mexico does that. He has worked try to find out where it is. Mr. BINGAMAN. Mr. President, I ask on it with a number of us from the AMENDMENT NO. 3555 unanimous consent that two members West for many months. We have gone (Purpose: An amendment in the nature of a of my staff, Charles Hunt and Sharon through trial and error and met with a substitute to the Public Rangelands Man- Miner, be given floor privileges during great resistance. I think perhaps we fi- agement Act of 1995) the entire proceedings on S. 1459. nally have something that can pass. Mr. DOMENICI. Mr. President, I The PRESIDING OFFICER. Without I ask my colleagues for a moment to have, in behalf of a number of Sen- objection, it is so ordered. put themselves in the shoes or boots, ators—myself, the chairman of the The Senator from Colorado is recog- as the case may be, of the western committee, Senators MURKOWSKI, nized. rancher today. There is a lot of mys- CRAIG, THOMAS, BURNS, KYL, CAMP- Mr. CAMPBELL. Thank you. tique over who they actually are and BELL, HATCH, BENNETT, KEMPTHORNE, Mr. President, I rise today to voice what they do. Oftentimes we hear de- SIMPSON, PRESSLER, and DOLE—a sub- my support for the Public Rangelands bates in the Senate about the so-called stitute for the pending measure. It is Management Act, and for the coura- welfare ranchers or the rich CEO’s or understood that it will be the first geous efforts of my distinguished col- tycoons or perhaps surgeons who thing tendered to the Senate. league and neighbor, Senator DOMENICI. bought some land out West, and have On behalf of those Senators and my- While I was sitting here, I was just some grazing permits but do not actu- self, I send an amendment to the desk reading a disparaging ad that was ally know how to ranch. We hear these and ask for its immediate consider- taken out in the Wednesday, March 13, stories of people taking advantage of ation 1996, issue of the Albuquerque Journal, the system. But I am here to tell you The PRESIDING OFFICER. The the largest city in New Mexico. I have most of us who really believe in the clerk will report. to tell you, nothing could be farther West and ranching in America are not The legislative clerk read as follows: from the truth than this ad. It accuses here to defend them. We are here to try The Senator from New Mexico (Mr. DOMEN- the Senator from New Mexico of to defend our friends, and neighbors. ICI), for himself, Mr. MURKOWSKI, Mr. CRAIG, trashing the public lands, of drying up These are the people we know who have Mr. THOMAS, Mr. BURNS, Mr. KYL, Mr. CAMP- the streams, of driving people off the BELL, Mr. HATCH, Mr. BENNETT, Mr. KEMP- helped build Western America and who THORNE, Mr. SIMPSON, Mr. PRESSLER, and Mr. land, and practically everything except have a very strong belief in taking care DOLE, proposes an amendment numbered raping the West. of the land. 3555. I thought it was very unfortunate Contrary to perception that these Mr. DOMENICI. Mr. President, I ask that the shrillness of the debate has folks somehow make a mint off the unanimous consent that reading of the gotten to that point. But I guess that public lands, most independent cattle amendment be dispensed with. is what we all face when we try to ranchers today are struggling with The PRESIDING OFFICER. Without make changes around here—that we weak and unpredictable markets and objection, it is so ordered. have to face some pretty angry people. increasing instability of rules and reg- (The text of the amendment is print- But, from my perspective, the Sen- ulations that govern the way they do ed in today’s RECORD under ‘‘Amend- ator from New Mexico has shown great their daily chores. The uncertainty of ments Submitted.’’) courage in trying to solve the problem Federal legislation often puts ranchers Mr. DOMENICI. Mr. President, on the that we have been dealing with for dec- in a precarious position when they floor right now I see four Senators on ades here in the U.S. Congress. have to borrow money from their local

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2403 bank. They have no idea what to tell land and subdivide the property into Whereas, The Public Rangelands Manage- the banker regarding the stability of small units and tracts. Ironically, by ment Act (S. 1459) has been introduced in the their permit, given the inability of attempting to increase diversity on the United States Congress; and Whereas, The objectives of the Public Congress to resolve this issue. range, the rangeland regulations as Rangelands Management Act are to promote Raising livestock is a tough business, they are promulgated by the Secretary healthy sustainable rangelands and to en- and I venture to say that those who of the Interior will only assist the pav- hance the productivity of federal lands while have survived the back breaking work, ing over of the brush, the grassland, at the same time facilitating the orderly use, the tough climate, the market fluctua- and the fields, putting them all under improvement, and development of those tions and the political pressures, too, concrete and plywood. I think even the lands; and are simply in it because they love the most ardent environmentalists would Whereas, The Public Rangelands Manage- land and animals that subsist off it. prefer to see cattle in those meadows ment Act gives consideration to the need for stabilization of the livestock industry, sci- These are people who care about the and fields rather than pavement and entific monitoring of trends, the environ- land not only because they have to, but condominiums. mental health of riparian areas, and the because they want to. In fact, if we look at the Department needs of wildlife populations dependent on I think I can tell you with certainty of the Interior’s own reports, we can federal lands; now, therefore, that any rancher who does not take see evidence that indicates that the Be It Resolved by the Senate of the Sixtieth care of the land simply does not stay in rangelands are in some of the best con- General Assembly of the State of Colorado, the business. I know for a fact that they ditions they have ever been and con- House of Representatives concurring herein: tinue to improve. For example, accord- That we, the members of the Colorado Gen- are better stewards than they are often eral Assembly, strongly urge the Congress of given credit for. ing to the Deer and Elk Management the United States to pass the Public Range- Over the last few years, the Depart- Analysis Guide published in 1993 by the lands Management Act (S. 1459). ment of Interior, in my opinion, has Colorado Division of Wildlife, Colo- Be it further Resolved, That copies of this engaged in kind of a deceitful and arro- rado’s elk population is estimated to Memorial be sent to the Majority Leader of gant attempt to override westerners have increased from 3,000 animals in the United States Senate, the Speaker of the and our ability to make decisions for 1900 to 185,000 in 1990. That report also United States House of Representatives, and ourselves. The underlying message of indicates that Colorado’s deer popu- the Secretary of the United States Depart- ment of Interior. the Department of Interior’s rangeland lation is estimated to have increased reform basically states that we are not from 6,000 animals in 1900 to 600,000 in RESOLUTIONS BY VOICE OF THE WESTERN smart enough to figure out what is 1990. SLOPE, SINCE 1953 good for us. Indeed, according to the As a western Senator who has worked PUBLIC RANGELANDS MANAGEMENT ACT regulations promulgated last summer closely with grazing for many years, I Whereas: 73% of the Western Colorado is by the Secretary of Interior, we appar- truly understand the difficulty of try- owned by the federal government, mostly in ently need the assistance of beltway ing to achieve a consensus on this the form of BLM and Forest Service lands, bureaucrats, national environmental issue. I have to say that the time has and run out, and S. 1459 presents us with Whereas: The use of these lands for grazing groups, and virtually everyone else in is critical to the economic viability of West- the country with a peripheral interest the best and I think perhaps the last chance to balance the concerns of the ern Colorado’s livestock industry and to the in our business in order to make even communities supported by that industry, the smallest decisions on our ranches, environmentalists with the concerns of and including where to put a water holding the ranchers in a constructive manner. Whereas: The Interior Department’s re- tank or a cattle guard. If you take away all the rhetoric, you cently-adopted revised grazing regulations Unlike the administration’s proposal, will find that this bill has been crafted provide an unfair and unacceptable environ- the Public Rangelands Management from collaboration and compromise. ment for the livestock industry to operate In closing, Mr. President, I submit in, specifically in terms of the makeup of Act, which Senator DOMENICI has intro- local grazing advisory councils, lack of induced will empower local people to for the RECORD two resolutions. One was passed by the Colorado State Joint centives for investment in the range re- make the decisions that affect them di- source by the permitees, lack of provisions rectly. This bill does nothing to pre- House and Senate Memorial Com- to encourage stability through the use of ex- vent broader public participation in mittee supporting the Public Range- tended permit terms, and lack of needed effi- management plans or recreational ac- lands Management Act. The second is a ciencies in the administration of grazing tivities on the public lands. resolution from Club 20 which is an or- management on these public lands, and Under S. 1459, affected interests are ganization built from 20 counties in Whereas: The formula for determining the western Colorado which also declares livestock grazing fee needs to be established given the opportunity to comment on in an equitable manner, in law, in order to their support for Senator DOMENICI’s seven different kinds of proposed deci- provide fair return to the public and a rea- sions affecting grazing allotments. By bill. I ask unanimous consent to have sonable rate for permitees, now therefore be managing the public participation those printed in the RECORD. it Resolved by the Board of Directors at its process, S. 1459 will provide much need- There being no objection, the resolu- 1995 Fall Meeting that CLUB 20 supports the ed relief for permittees and Federal tions were ordered to be printed in the concepts embodied in S. 852 and H.R. 1713 as land managers from frivolous protests RECORD, as follows: introduced, specifically: Addition of public representatives on local from out-of-State activists who oppose COLORADO SENATE JOINT MEMORIAL 96–3 Whereas, The federal rangelands are cur- grazing advisory councils while still allow- any use of the public lands whatsoever. ing majority representation by those with an I believe that the Department of the rently in the best condition that they have ever been in; and economic interest at stake, Interior’s rangeland reform is an un- Whereas, The condition of the federal Adoption of a new formula for establishing dermining effort to overturn a lifestyle rangelands has improved and continues to the public lands grazing fee in order to en- that has been part of the history of this improve through the efforts of holders of fed- sure a fair return to the public and a reason- Nation. In its zealous attempt to in- eral grazing rights; and able rate for permitees, Provisions to ensure proper management crease the diversity of the biological Whereas, As a consequence of the efforts of holders of federal grazing rights, the im- of public lands resources through NEPA-doc- life on the range, it is threatening that umented land use plans, range monitoring lifestyle and operation that is already provement of the federal rangelands has resulted in stabilized and increasing popu- and enforcement. endangered. As I mentioned earlier, lations of big game and wildlife, and further Streamlining of the NEPA documentation ranching is a tough business and it has efforts will continue to provide long term process to allow for full public participation become increasingly more difficult. benefits to big game and wildlife; and in the development of area land use plans Literally hundreds of ranchers in the Whereas, The western livestock industry is without unnecessarily encumbering local West who were in business just 5 or 6 a vital component of the economy of Colo- agency officers and preventing them from carrying out sound range management. years ago, have already gone into rado and the economy of the United States, providing the people of the nation and the bankruptcy. RESOLUTION BY VOICE OF THE WESTERN In my own State of Colorado, many world with a reliable and healthy source of food; and SLOPE, SINCE 1953 real estate developers are taking ad- Whereas, Fees for grazing on federal lands RANGELAND REFORM 1994 vantage of the unstable market and must reflect a fair return to the federal gov- Whereas: Interior Secretary Bruce Babbitt buying ranchers out to split up their ernment; and has proposed grazing reforms which contain

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2404 CONGRESSIONAL RECORD — SENATE March 20, 1996 many administrative changes unacceptable Domenici is trying to cast it into long-term Could I just take 3 minutes? I yield to the West, and law. myself 3 minutes. Whereas: CLUB 20 has always supported The swinging-pendulum policies of recent Mr. President, when I became a Sen- the multiple use of public lands, and food years clearly have been bad for all con- ator 24 years ago, I knew nothing about production, as a component of the multiple cerned. Ranchers who aren’t sure they can grazing, nothing about rangeland, use of public lands, contributes significantly continue leasing land have no incentive to to the total food production of the United make expensive investments to control ero- nothing about public domain. I trav- States, and sion or other problems. Likewise, past poli- eled New Mexico and met some of the Whereas: As a whole, ranchers have been cies have been too slow to punish the small finest people in the world. It just so excellent stewards of the rangelands, bene- minority of ranchers who have neglected the happens that more times than not they fiting both livestock and wildlife, and land. In contrast, Domenici’s bill, S. 852, en- were ranchers or ranching families. Whereas: CLUB 20 believes Secretary courages the Department of Interior to enter They had their house out there on a Babbitt’s proposed regulatory rangeland re- into cooperative agreements with permit little piece of private property and form will ruin the livestock industry and holders for ‘‘the construction, installation, some of their own property and then substantially affect the total economy of modification, maintenance, or use of a per- Western Colorado, and manent range improvement or development they had permit land. Some of them Whereas: It is not in the best interest of of a rangeland.’’ had been there for two generations, Western Colorado for affected ranches to be Importantly, the Public Rangeland Man- maybe in succession in their family. I subdivided and sold in small parcels, and now agement Act would allow grazing leases to can guarantee you that I never met therefore be it be issued for up to 15 years—encouraging les- finer folks, nor have I ever met folks Resolved by the CLUB 20 Board of Directors sees to make long-term improvements and to who are more dedicated to maintaining at its Fall Meeting, September 10, 1993, the carefully nourish the land. And while it CLUB 20 cannot support the administrative the public domain and their steward- would increase grazing fees approximately 30 ship. They just reeked in stewardship changes suggested in the proposed ‘‘Range- percent from existing levels, the PRMA land Reform ‘94’’. would also establish future fees by a formula of this land. They always talked about Mr. CAMPBELL. In addition, I ask keyed to the actual value of such leases as it in terms of how they preserved it, unanimous consent to have printed in reflected in the price of the animals that can how it maintained their families and the RECORD a Denver Post editorial of be raised on them. Again, by assuring a fair how so long as they could keep that to- March 13 of 1995. Although I will not return to taxpayers and ranchers alike, the gether and keep the rangeland in good Domenici bill would reduce the risk of rad- read the whole thing, which endorses S. condition, they could be there and ical ‘‘windfall or wipeout’’ oscillations in enjoy this lifestyle and this manner of 1459, I wish to read the first paragraph fees which could themselves encourage over- which states under the headline, The living. grazing or other misuse of the land. We are in danger of many things in Domenici Grazing Bill Fosters Better Some of the more hysterical opponents of Stewardship: the bill have claimed it would ban hiking, the western public domain lands. Some say the West is gone and urbanization Some Eastern-based environmental groups fishing or hunting from the public lands. The have been waging a political holy war simplest answer to that charge is that it is shall take over. I do not really believe against the Public Rangelands Management an outright lie. The bill in fact encourages that. There is so much public domain Act authored by New Mexico Senator Pete conservation, control of soil erosion and and open space that the Federal Gov- DOMENICI, but it seems clear that both the ‘‘consideration of wildlife populations and ernment is going to have to decide now long-term environmental and economic in- habitat, consistent with land-use plans, mul- and for decades to come how they want terests of the West would be well served by tiple-use, sustained yield, (and) environ- the people of this country to utilize it. this legislation to provide some badly needed mental values.’’ The bill does give an important role to Many, many years ago, order was made stability and balance to the management of out of total chaos and the Taylor Graz- the public lands. ranchers themselves in establishing grazing policies, recognizing that families who, in ing Act was passed for America. This is from one of our State’s larg- some cases, have managed public lands for It recognized multiple uses, and a est newspapers. more than a century are obvious sources of simple proposition that you could There being no objection, the edi- expertise and concern for their long-term graze cattle, pay a reasonable fee to torial was ordered to be printed in the welfare. But local citizens, public officials the Government, do maintenance on RECORD, as follows: and environmental groups are also given that land to be able to tend to those seats at the policy table. DOMENICI’S GRAZING BILL FOSTERS BETTER cattle, and in addition have hunting, STEWARDSHIP The Public Rangeland Management Act isn’t perfect, and we welcome efforts to im- fishing, recreation, and the other Some Eastern-based environmental groups prove it as it wends its way through Con- things that go with it—namely, mul- have been waging a political holy war gress. But it is a good start toward the wiser tiple use. Nothing, in my opinion, has against the Public Rangelands Management stewardship the public lands so clearly re- Act authored by New Mexico Sen. Pete changed. We ought to have multiple quire. Domenici. But it seems clear that both the use. But we do not have to destroy the long-term environmental and economic in- Mr. CAMPBELL. So with that, Mr. lifestyle of ranchers in our State and terests of the West would be well served by President, I will yield the floor and across the West, in an effort to main- this legislation to provide some badly needed simply urge my colleagues to support tain this multiple use. stability and balance to the management of this well-crafted legislation. Under the If anyone would like to go to New public lands. leadership of Senator DOMENICI, it has Mexico and visit the ranchers today, he Domenici’s bill is basically a response to would see there are no rich ranchers. new rangeland management rules proposed taken many of us much time and ef- in February by Secretary of the Interior fort. For those who worry about us rep- Bruce Babbitt after many hearings and much I thank the Chair. resenting rich ranchers, if they are rich debate. Critics of the Domenici bill are now Mr. DOMENICI addressed the Chair. they were rich before they got on the trying to kill it in the belief that it is less The PRESIDING OFFICER (Mr. ranch. They are not getting rich on the favorable to the environmental lobby than THOMPSON). The Senator from New ranch. As a matter of fact, there are Babbitt’s rules. While they are undoubtedly Mexico. more ranchers in New Mexico close to right on that point, the critics are over- Mr. DOMENICI. Mr. President, I wish bankruptcy than any time in our his- looking a crucial fact: What a liberal Demo- to once again repeat and inquire as to tory. After 3 years of drought and in- cratic administration can arbitrarily impose, the next conservative Republican ad- whether or not we might see and be cessant demands made upon them by ministration can arbitrarily repeal. able to read the Bumpers amendment the Secretary of Interior and his rules Administrative mandates without the per- with reference to increased grazing and regulations, and excessive demands manence of law thus raise the specter of wild fees. If it is prepared, I hope somebody made upon their stewardship every oscillations in policies that lock everything would let us see it. We would like to time they turn around, we have them up after one election, then encourage short- have a vote as soon as possible and on the brink of disappearing without us term plunder after the next. That’s the oppo- that would be the one we would vote having to pass laws that will make site of what the West needs—a policy that on. them disappear, or even without en- fosters long-term stewardship of the land, rewarding users who manage it carefully and Mr. President, I am going to very forcing Secretary Babbitt’s rules, punishing the greedy or stupid who abuse it quickly yield to my friend, Senator which will surely, within a decade, for short-term gain. Both Babbitt and BINGAMAN, and then to the Senator even without droughts, see to it that Domenici are aiming at that goal, but only from Wyoming. ranching is a disappearing way of life.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2405 In addition, I suggest, just to add to into the details of operating a ranch. in my State. I certainly do not dispute all the fury, cattle prices have come We have withstood that. We give them, that. I think that is a very real con- down half—is that correct, I say to my the environmentalists and others, concern and one which we are taking into friend? servationists—we give them plenty of account in the position that I will ad- Mr. BURNS. A third. input in this bill and plenty of oppor- vocate here today. Mr. DOMENICI. A third. So, look out tunity to be part of it. But we have re- But the other part was references to where the rancher has 500 head. It is sisted permitting those who have just a the efforts of the Secretary of the Inte- worth a third less this year than last public interest to get into the day-by- rior to run these people out of a way of year. With the drought setting in, they day management, get into the day-by- life, and to put in place extremely on- are cutting back. So they do not have day reissuing of permits. We firmly be- erous provisions that will terminate any great shakes for those who are lieve that is not the way it ought to be their ability to use the public lands. worried about rich ranchers and those done. It will yield nothing but havoc on There I have to disagree with much of of us in the West who are representing the range, which needs stability these what my colleague said. them, representing rich ranchers. We days, as it has never needed it before. Last summer, after many months of are trying to represent a way of life. In So, perhaps by Thursday night we meetings, I think probably the most northern New Mexico, hundreds and will get a few questions answered and extensive set of public meetings that I hundreds of Hispanic Americans, in the finish up some votes. I am very hopeful am aware of having had conducted, at third and fourth generation, have small we will add stability to the West in the least in recent years, since I have been ranches with few, maybe 100, 200 head, public domain, and will at least indi- in the Senate, the Secretary of Interior and some far less, on their annual per- cate that, while many of us do not un- and the President did promulgate regu- mit of head on the range. derstand, many Senators do not come lations that sought to achieve a bal- Frankly, this bill that is before us, from our areas, we are willing to say ance between the various uses of our contrary to everything that has been give this lifestyle, the lifestyle of being public lands. If we are serious about said, does not take away any rights a cowboy, a private cowboy who owns a providing stability and certainty to from hunters and fishermen and those ranch—permit that lifestyle to exist public land livestock producers, we women who hunt and fish. We just refor a few more decades. need to adopt a balanced solution that, peated it over and over in the bill, that I yield the floor. first of all, addresses the concerns of whatever their rights were, they re- Mr. BINGAMAN addressed the Chair. livestock producers; second, respects main. The PRESIDING OFFICER. The Sen- the need of all public land users—the There are some who want us to re- ator from New Mexico. needs that they have; and, third, pro- solve all the issues between the hunt- Mr. BINGAMAN. Mr. President, vides some reasonable authority to the ing-fishing population and the ranch- many of us in this body have tried to agencies that we have given responsi- ers. There is always some kind of prob- resolve the controversies that surround bility to manage the public lands. lem with the public domain, some kind grazing on public lands. We have been If we deviate from the balance in ei- of friction. So some would like it re- working on it for several years. I also ther direction, we are merely inviting solved in this bill to the satisfaction of believe, as my colleagues who have al- continued strife and uncertainty as the one group or the other. I believe we ready spoken believe, that a healthy aggrieved group, whichever group it leave it just where it was. It is other livestock industry on the public lands happens to be, pursues legislative or regulations that concern us. is in the best interests of the country. regulatory fixes. The Babbitt regulations, which have Before we are finished, we will elabo- Furthermore, I believe that the contin- been referred to by my colleague, cre- rate to the Senators who have interest, ued uncertainty that surrounds this in- ate some legitimate concerns for the and the American people who are inter- dustry, and the continued controversy permittees in my State. ested, the long litany of new regula- that surrounds it, benefits nobody. In the substitute which several Sen- However, unlike some of my col- tions that Secretary Babbitt would im- ators and I intend to offer later in the pose on the rangeland. Frankly, the In- leagues who support this bill, S. 1459, I discussion, we try to fix those specific terior Department, under his leader- contend that the uncertainty and the concerns that have been pointed out to ship, is playing very, very cute. None controversy will not be resolved by this us and restore the balance that needs of those things are going to bite until bill. I believe it will not be resolved be- to be there in our grazing policies. perhaps next year or the year after. cause the bill, as it now reads, in the However, if we pass S. 1459 in its cur- But, by the time those regulations are substitute form, does reduce public rent form, as the substitute was sent to imposed on the ranchers, in my State input into decisions related to our pub- the desk, we go beyond fixing those and across the West, what I have just lic lands. It does elevate grazing into a concerns and, in my view, we once described as the condition will be far preferred status as a use of our public again will throw the grazing policy of worse. lands. And, third, it does unduly limit this country out of balance. This lack I cannot believe that those who want the ability of the land managers who of balance will fester, just like the per- habitat for wildlife, those who want work for the public to carry out their mittees’ concerns have been festering, hunting and fishing on the public do- responsibilities. and lead to more instability and more main, where cattle is also permitted to I believe that the resolution of these lawsuits and more hard feelings. graze—I cannot believe that they truly disagreements and these controversies We will likely be addressing this believe they will be better off if cattle can only be achieved when a balance is issue again in future years if we err on are not on the public domain. For struck that respects the needs of all the side which I fear this bill will cause those who were for cattle free—at one public land users, not just the ranch- us to err on. We cannot afford to let time the yell was ‘‘Cattle free by ’93.’’ ers. For a number of years, I and many that happen. We owe it to the grazing I do not know what it is now, but it is of my colleagues have done what we permittees, to their families and com- not too many years off, for many of could to ensure that any reform effort munities that rely on the livestock in- those who oppose this bill. that was enacted would be fair to both dustry, as well as to other public land I wonder what we are going to do to livestock producers and the American users and the American public in gen- supply water and habitat and all the public. My colleague has referred to eral, to resolve the dispute now in a things that are jointly used by the cat- the drought that we have experienced balanced and sustainable manner that tle that graze and the wildlife that in- in the West. Certainly we have in my will withstand the test of time. habits the land. Who is going to pay for part of the country, in New Mexico. Mr. President, I want at this point to all that? Is the Federal Government There has been a severe drought, and go through some of the specific con- going to go out and develop these we are still in a very severe drought cerns we have with S. 1459. In order to water sources for them? Of course not. which adversely affects anyone who is do that, let me put up a couple of Nonetheless, there are some who trying to make a living in agriculture. charts just to keep track of where I am would like this bill today to permit He also referred to the low prices of in the discussion. those who have a public interest—just cattle. Again, that is a very real prob- A first concern which I have repeated a public interest—permit them to get lem for people in the ranching industry numerous times—and let me say by

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2406 CONGRESSIONAL RECORD — SENATE March 20, 1996 way of introduction, the bill we are cause we were resting an allotment, we could Under section 134(A), terms and con- now considering is not the bill which not be said to be ‘‘in the livestock business’’ ditions of a permit must be necessary was introduced last summer by my col- (as required by the regulations that would be to achieve the objectives of title I. reinstated by S. 1459), despite the fact that league from New Mexico. It is an im- at other locations we own, raise and sell do- Therefore the objectives have more sig- proved bill. I think the designation of mestic livestock and depend on the revenues nificance than would be true if they the earlier bill, S. 852, in my view, was we get from the cattle business to support provided only a general guidance unre- substantially more lopsided and one- our operations. lated to particular processes. sided than this bill is, but significant Creating a category of ‘‘conservation use’’ A fifth concern with regard to graz- problems still exist in the legislation. of federal grazing permits would make it ing being a preferred use of the lands, Let me go through those. clear that The Nature Conservancy could Mr. President, is that S. 1459 provides hold a permit and rest it. It would also pro- One of those major problems is that vide a framework that would allow for local for cooperative range improvement grazing is still given preference as a consideration of such uses and their effects agreements with permittees and lessees use of the public land over other uses through public participation in the land-use only. Currently, about 17 percent of all in the legislation. First, let me talk planning and allotment management plan BLM range improvements have nonper- about conservation use. approval processes. mittee cooperators, such as Quails Un- It is ambiguous in S. 1459 whether Sincerely, limited. conservation use of a grazing allotment RUSSELL SHAY, The old grazing regulations provided is allowed. Conservation use is where Senior Policy Advisor. that the Secretary could enter into a the permittee would voluntarily re- Mr. BINGAMAN. Mr. President, I cooperative range improvement agree- frain from grazing all or a portion of think it is clear when you analyze the ment with any person. This bill goes the allotment in order to improve the bill—and I am sure we will have more further in restricting the Secretary, health of the range. Sponsors of the discussion on this—it is clear that enti- further than the regulations promul- bill will claim that such uses would be ties that are not engaged in the live- gated in the Watt administration or de- permitted. However, I will submit for stock business under the language of veloped in the Watt administration, the RECORD a letter that The Nature this bill could not hold a permit in and says that the Secretary is only Conservancy has sent to me concerning their own name, and I think that is able to enter into these cooperative this matter, dated March 16, 1996. something we should correct. We will agreements with permittees and les- That letter states, Mr. President, and propose to do that in the substitute sees. I will quote a couple sentences: that we offer. Let me move to the second of the A second concern, which is on this But our qualification— three major points I want to make at chart—I hope that people can see this; this time, and that is this bill does re- That is qualification to be a per- I am sure most cannot—but a second duce the extent of public involvement. mittee. concern that I have with S. 1459, a sec- The first way in which it reduces the has been challenged in a case now before the ond way in which grazing is given a extent of public involvement is that it Interior Board of Land Appeals. Part of the preference is that S. 1459 will, for the argument was that because we were resting denies the right of affected interests, first time, allow permittees to hold an allotment, we could not be said to be ‘‘in people who are determined to be af- title to permanent range improve- the livestock business’’ (as required by the fected interests, to protest grazing de- ments on forest land. regulations that would be reinstated by S. cisions on public land and national for- 1459), despite the fact that at other locations For example, under existing law and ests. S. 1459 allows an affected interest we own, raise and sell domestic livestock and regulations, a Forest Service grazing depend on the revenues we get from the cat- permittee is granted a permit to con- to be notified of proposed decisions and tle business to support our operations. struct a range improvement and the given an opportunity for comment and Creating a category of ‘‘conservation use’’ title to that improvement is in the informal consultation. However, only of Federal grazing permits would make it name of the United States. That has alan applicant, or permittee, or lessee clear that The Nature Conservancy could may protest a proposed decision. Fur- hold a permit and rest it. ways been the law in our national forests. ther, in the absence of a timely filed Mr. President, I ask unanimous con- S. 1459 will allow the permittee to protest, the proposed decision becomes sent to have printed in the RECORD this hold title in proportion to the value of final. letter from Russell Shay, who is the the contribution that that permittee Again, referring to the Congressional senior policy adviser to The Nature has made for the cost of construction, Research Service analysis, it says: Conservancy. and that is a major change for those A protest, similar to a predecisional appeal There being no objection, the letter who are permittees in the Forest Serv- that gives the public an opportunity to ob- was ordered to be printed in the ice. ject to a proposal, gives the agency an oppor- RECORD, as follows: A third way in which grazing is given tunity to change or modify its course before commitment of further time or effort. THE NATURE CONSERVANCY, a preference is that S. 1459 statutorily Arlington, VA, March 16, 1996. provides for granting private property These provisions appear to mean— Hon. JEFF BINGAMAN, rights on BLM land as well as on forest these provisions being S. 1459—appear U.S. Senate, Washington, DC. land. The old BLM grazing regulations to mean that unless an applicant or DEAR SENATOR BINGAMAN: Thank you for permittee protests a proposed decision, asking us about our use of grazing permits provided only regulatory authority for on public lands, and the potential impacts of granting title to permanent range im- comments or other input from other new grazing legislation on them. We cur- provements on BLM land. This would sources will not be taken into account rently hold 23 of the more than 26,000 federal take what was in the old regulations because, absent a protest, the proposed grazing permits on Bureau of Land Manage- promulgated under the administration decision does become final. If this is a ment (BLM) or Forest Service lands. Those of Secretary Watt and would put that correct reading, then the opportunity 23 permits are spread across 9 different into statute for the first time. for comment and consultation does not states. Our review of BLM and Forest Serv- A fourth ground for concern is the appear to be meaningful. ice records has not found any other con- A second way in which public in- servation organizations to be currently list- wording of the objectives in the bill. ed as owners of federal grazing permits. Here my reading of the objectives is volvement is reduced is, it is possible The Nature Conservancy and cooperating that they favor the stability of the that only ranchers, under our reading ranching partners actively graze domestic livestock industry over the needs of of the bill, would qualify to file an ap- livestock on about half of our allotments. wildlife. The objectives are extremely peal of a final decision affecting the The others are being rested in non-use being important in this, as pointed out in the public lands. A person who is adversely annually approved by the local BLM or For- Congressional Research Service report, affected—and that phrase is a term of est Service professional land manager. Our which makes the very important point art, because it is used in the legisla- permits were each approved by local man- tion—a person who is adversely af- agers whose judgement was that The Nature that under section 105(A), management Conservancy was qualified to hold them. But standards and guidelines are to be con- fected within the meaning of 5 U.S.C. our qualification has been challenged in a sistent with the objectives and become 702 is permitted to appeal. This cited case now before the Interior Board of Land directly effective upon plans by oper- code refers back to the relevant stat- Appeals. Part of the argument was that be- ation of law. ute.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2407 In this case, the relevant statute plans prepared for them. The old graz- the interests of all those who have a would be S. 1459. On that issue, the ing regulations’ terms and conditions valid interest in the use of the public analysis by the Congressional Research were attached as needed to protect re- lands. Service says that the persons included sources and no allotment management So I will stop with that, Mr. Presi- within this provision are not clear. The plan was required. dent. I know there are many others on cited code section refers back to the A second reason that I believe the the floor who wish to speak. I yield the relevant statutes, thereby setting up a current bill, Senate bill 1459, ties the floor. circularity. hands of land managers is that the Mr. THOMAS addressed the Chair. Since the CRS report was published, number of animal unit months would The PRESIDING OFFICER. The Sen- new appeals language has been added be established in land use plans in this ator from Wyoming. that further clouds the situation. It bill. The land use plan often covers Mr. THOMAS. Mr. President, I rise in states—I will quote this from the bill— millions of acres, contains very general support of the Domenici bill. I would it says: language, and S. 1459 would require like to give a little background on it. I Being an affected interest, as described in costly, time-consuming land use plans think later in the debate it will be nec- section 1043, does not in and of itself confer and amendments to establish and make essary for us to talk a little bit about standing to appeal a final decision upon any changes in grazing use for each allot- the comments of the Senator from New individual or organization. ment. In the old regulations, specific Mexico in that I think they are exactly Mr. President, a third way in which grazing use was determined through where we are in terms of wanting more public input, involvement is reduced is site-specific analysis, not through bureaucracy, wanting the bureaucracy that S. 1459 exempts on-the-ground amendments to the entire land use to have more and more input. That is management from the provisions of the plan. precisely what we want to get away National Environmental Policy Act, or A third reason that the hands of land from. NEPA. As the bill is presently pre- managers will be tied by this legisla- Let me just say one thing in terms of sented, the National Environmental tion is that in conducting monitoring this idea that keeps rising up that Policy Act, commonly known as activity, S. 1459 requires the manager grazing is the preferred use. Let me NEPA, is going to be the topic of a to give prior notice, to the extent prac- read from page 6 here, on line 14. great deal of our discussion. NEPA is ticable, of not less than 48 hours. This Nothing in this title shall limit or preclude one of the main tools used by land exception to the notice creates a bur- the use or the access of Federal lands for managers to analyze the health of the den of proof that has never existed be- hunting, fishing, recreational, watershed land and to analyze the potential affect fore. management, or other appropriate multiple- on the land. I also point out this creates a burden use activities in accordance with applicable S. 1459 exempts on-the-ground man- of proof when a land manager is deal- Federal and State law in the principal or multiple use. agement from NEPA. In discussing the ing with a grazing permittee which elimination of NEPA in site-specific does not exist when dealing with any Not only is it there in this instance, situations, this Congressional Research other permittee on our public lands. it is there in a number of instances and Service report states: Someone involved in the oil and gas in- has been the focus of our interest over the last several months. I really do not An activity could readily comport with a dustry certainly is not entitled to any land use plan and yet have many harmful as- 48-hour notice prior to monitoring ac- think there is any substance to that pects if carried out in a particular area. tivity taking place. It is inconsistent kind of an argument, although we con- Therefore, the elimination of site-specific with the concept of these being public tinue to hear it. analysis is a significant change in current lands, Mr. President, to say that the Mr. President, let me be a little law and procedures, and could result in sig- manager of those public lands has to broader. I think one of the things nificant effects on the conditions of the land. give notice 48 hours in advance before about this whole debate is that there is In place of NEPA, S. 1459 proposes a being able to view the lands and deter- a unique aspect to western public review of resource conditions. Essen- mine the condition. In the old grazing lands. Most Members of this body are tially, the bill states that upon the regulations no such advanced notice not as familiar with them. I think you issuance, renewal or transfer of a graz- was required. have to start with the uniqueness of ing permit or lease, at least once every A fourth way in which the hands of the West. You have to start with the 6 years the Secretary shall review all land managers are tied, in my view, in uniqueness of the idea that Western available monitoring data from the af- this bill is that S. 1459 would allow a States run anywhere—in my State fected allotment. The central problem sublease in cases where permittees nei- from 50 percent Federal ownership, and with this provision is that monitoring ther own nor control the livestock. In in Nevada, I think, as high as 80 to 85 data usually consists of very specific the old regulations, ownership or con- percent Federal ownership. I think you measures of vegetative attributes. trol of the livestock was required. As I have to talk about that a little bit. I That monitoring data, in many cases, understand it, that is an appropriate brought a map to give you some idea of is not available. requirement because clearly the BLM the kind of complexity involved in the A fourth reason that I would cite why or the Forest Service cannot be ex- management of public lands. public involvement is reduced under pected to go around trying to find who First of all, there are a number of this bill is, aside from the grazing advi- is accountable for damage to the public kinds of public lands. The idea that sory councils, the public is not given a lands. They have a right to assume public land is public land is not the say in range improvements. The old that the person that has the permit or case. Many people in New Jersey would grazing regulations allow affected in- the lease has control of the livestock say, ‘‘Well, public land must mean Yel- terests a say in the development of or ownership of that livestock and can lowstone Park or Teton Park.’’ It does range improvements. As I read the pro- be held accountable for what happens not. There is a substantial difference. visions of this bill, it does not. on the land. We have the parks which were reserved Let me move to the third major con- Mr. President, let me just conclude and withdrawn for a special purpose by cern that I have, Mr. President. That is this set of initial comments here by the Congress. We have the forest which that S. 1459, as drafted, and as being saying that I do believe that we need to was reserved by action of the Congress. considered here, unduly ties the hands keep working to get a balance. We will You have Indian reservations. You of lands managers. It does so in several offer later in the debate a substitute have other kinds of lands that were respects. First of all, the application of proposal which we believe does a better withdrawn—wilderness in the forest. terms and conditions needed to protect job of striking a middle ground and ad- These things were all set aside for a the land requires the development of a dresses the specific concerns that have specific purpose because of the unique- formal allotment management plan been raised in the current Department ness of that land. under this bill. of Interior regulations but does not re- The remainder is basically what we Currently, less than 25 percent of peal them entirely, as this legislation are talking about here. We are talking BLM land and national forest allot- would. We believe that it gets us much about those lands that were residual ments have allotment management closer to something that looks out for lands, lands that were left in the State

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2408 CONGRESSIONAL RECORD — SENATE March 20, 1996 after the homesteaders came and took 87,000; go up to 250,000. Elk, 12,000 in balance between grazing and hunting up the base lands, took up the lands, 1962; now 35,000. You can see the per- and those activities. Personally, I come frankly, where the water is, where the centage increase over a 28-year period. from a place where hunting and fishing winter feed is, took up the most valu- My point is that the range is in good is a very major function between Cody, able lands, and the others were left shape. The range is carefully hus- WY, and Yellowstone Park. There is there. That is basically what we are banded by these ranchers. Why? Not grazing, but hunting and fishing is talking about. just because they are entirely gratu- equally important from the economic Let me tell you from a standpoint of itous, but because their future depends standpoint. I understand that. We bal- a westerner, if we do not have a mul- on year after year usage of this re- ance that. That is what this bill does. tiple-use policy for the lands, we have source. I think for too long over the last sev- very little economic future to look for- I must tell you, having grown up eral years the grazing question has ze- ward to. By ‘‘multiple use,’’ we are there, that this wildlife would not do roed in on the fee. The Secretary does talking about hunting and fishing, well if there was not somebody out not even have a change in the fee. We talking about outfitting and mining, there using this land for something have a fee. We have a simplified fee talking about oil, talking about graz- else and preparing water, often digging based on the value of the product, ing. These things have for a very long out a spring and damming it up so based on the average value of the live- time been compatible with one an- there is water available, not only for stock, and it raises the fee even in other. cattle or sheep, but also for wildlife as spite of the economic condition that Some of this map is hard to see. The well. livestock people are in. This is not a colored part belongs to the Federal It is a very unique thing, Mr. Presi- question, this time, about fee. It is a Government. The green color is the dent. I think we need to start with un- fee that is based on the product. Forest Service, the purple is the park, derstanding that. Western cattlemen, Too often there are comparisons and all of this yellow are BLM lands. western livestock people, of course, a made between this land and this land, We can see how interspersed they are. very important part of our society, not these services and these services. I am This is particularly unique. These are only because of these families that live sure we will hear, ‘‘Well, the State called the checkerboard lands. When and work there but because these are charges more, gets paid more, private the West was developed and the rail- the sustaining families for the small gets paid more.’’ Yes; they do. They roads were encouraged to be out West, towns that are there. This is the econ- also provide a great many more serv- they were granted 20 miles on either omy for much of the West. This is a ices. You can have exclusive use of side of the railroad, and every other historic time now of low prices for cat- State land, but you cannot do that section belongs to the Federal Govern- tle, as everybody knows. The consider- with public land. ment. In between are private sections. able loss to predators has also been a There are differences. Someone said For the most part, there are no fences problem and makes it much more dif- it is a little like the difference between there. You do not manage these sepa- ficult to make a living. a furnished apartment and an unfur- rately. These are very unproductive Now we face, I think, excessive regu- nished apartment. That is exactly lands. This land probably takes 100 lations put on by the Bureau of Land right. acres for one cow unit to last for a Management. The Senator from New Mr. President, I think we have a year. This is not the kind of land that Mexico mentioned the number of trips great opportunity to move forward to people think about when they think of the Secretary out there. He is right. do something that has needed to be re- about a pasture in Indiana. I was involved in very many of those. solved for a very long time, and I think When we were in the House, we went For 2 years we had meetings, meetings, this moves toward that resolution. And through this thing about the fees. The and meetings. When the regulations I think the bill, as it stands, is one that chairman of the committee was from were put out, they were put out almost has been considered and approved by Indiana. He had this pasture where the precisely as they were initially. You many people. It is time, certainly, for grass grew this big, and he could not can have meetings until you are green us to come to closure on it. I have been figure out why the fee should not be in the face; that does not mean there disappointed that each time we have the same for this land as it is for his will be any difference. That is a fact. tried to do something, we get a lot of land. It is quite different. That is where we are. We are seeking disinformation from BLM. I do not What we have in terms of landowner- to make some changes here from this think that is an appropriate role. We ship patterns you have to take into ac- movement by the Secretary for more have been involved in that over a good count. Here is a blowup of the checker- and more bureaucracy in Washington, period of time. board land. Every other section here to some movement where there is more So, Mr. President, I am sure we will belongs to the Federal Government; impact of the people, more decision- be back to talk some more about the the others are private. These are inter- making by the people who live there. I specifics of the issue that have been spersed. The blue ones happen to be do not think there is any question that brought up. I do not believe that this State lands. You can see, in order to rangeland reform will drive families off limits public input. I do not think that manage this stuff, you have to have the range, create some economic prob- is true at all. On the contrary, we are some of these local folks do it. lems in our areas. We worry about seeking to deal with issues like NEPA Now, talking very briefly about the that, naturally. Maybe the broader, and to try and say the NEPA law re- condition of the range, this is the fig- more generic concern, however, is the quires that activity in relation to a ure put together by the Bureau of Land maximum, ultimate best use of mul- major Federal action. Management in Wyoming. It talks tiple resources. Grass is a renewable re- Last year, we had a proposal in the about the percentage of acreage in a source, one that you manage. Forest Service that every renewed condition class. This green is called ex- This Public Rangelands Management grazing permit have a NEPA process. cellent and good; the red dotted line is Act is a great step forward. It is some- Ridiculous. If you ever heard of exces- poor. This starts in 1974 and goes up to thing we have worked on for over a sive bureaucracy, that is it. Indeed, the 1993. This is the good and excellent year. We have taken it to our friends NEPA process takes place on the land here. This is the condition of the range. on the other side of the aisle; we have use plan which takes up a number of This is the poor down here. It has im- talked about it; they have come back; allotments. That is the reasonable proved substantially. they have agreed to some things; we thing to do. I do not think there is any- Let me give you another reason why have put in much more than we have body who would argue you should have that is the case. This is the big game changed for ourselves. However, there a NEPA process for every renewable population on public lands in Wyo- are some changes in which we do not grazing lease. That was already seen to ming. We talk about the multiple uses basically agree. One of them is the de- be not workable. being able to work together. Here is gree of bureaucratic involvement in Mr. President, I am glad we are talk- antelope. In 1962, we had 97,000 of those this bill. ing about it here. As I said, this is kind rascals running around; now we have We have established and very care- of an opening statement for me. I want 226,721. I got one last year. Now, deer, fully established a relationship and a to come back, as we go forward, to talk

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2409 about some of the specific things that VISIT TO THE SENATE BY THE the last day or two in the largest news- were talked about here. PRESIDENT OF HAITI paper in our State, that this is a ‘‘land Let me say, finally, that I have no Mr. DODD. Mr. President, we have grab’’ by ranchers; that they want to doubt that this is a question about the the high honor of having with us in the seize control of public lands, period, livelihood of families in the West. This U.S. Senate today the President of end of story. That is not an accurate is a question of small ranchers who de- Haiti, Rene Preval, who is visiting us assessment of what is going on. pend on this public land to go with in the Senate today. My colleague from I am prepared to support some legis- their deeded land, to be able to sub- Georgia, Senator COVERDELL, and I had lation to address these issues, as I lease. They were able to do that in the a very good meeting in the Senate For- think the Senator New Mexico, Sen- past, and they can do it now only if the eign Relations Committee. ator BINGAMAN, does and as others do on the floor who have spoken. We may BLM agrees to that. That is what it RECESS says in the bill. That is the way it Mr. DODD. Mr. President, I ask unan- want to address it in a slightly dif- ought to be. imous consent that the Senate stand in ferent way. But, nonetheless, all of us So, Mr. President, I hope that we can recess for 5 minutes so that our col- come here saying there are some legiti- move through these issues, and I hope leagues may have the opportunity to mate problems that ranchers have, and that we can end up with a reasonable greet President Preval. we ought to address some of those way to provide multiple use in the There being no objection, the Senate, problems. Those who make the charge—as was West, protect the environment, which at 5:05 p.m., recessed; whereupon, the made a couple of days ago in an edi- all of us who live there want to do, and, Senate, at 5:11 p.m., reassembled when torial in our largest newspaper that at the same time, be able to use those called to order by the Presiding Officer this is a ‘‘land grab’’—that it simply resources so that those families in the (Mr. COATS). would turn the keys to the Federal West can make a living as they do over f lands over to the ranchers with no the rest of the country. PUBLIC RANGELANDS input from anybody else is wrong. I I yield the floor. MANAGEMENT ACT will not support that. That is not what Mr. DORGAN addressed the Chair. The Senate continued with the con- our substitute says. Frankly, that is The PRESIDING OFFICER. The Sen- sideration of the bill. not what the Domenici bill says. We ator from North Dakota is recognized. Mr. DORGAN addressed the Chair. come at this sometimes from different Mr. DORGAN. Mr. President, I will The PRESIDING OFFICER. The Sen- ways, and we, because we offer a sub- be brief today. We are here on the floor ator from North Dakota. stitute, think the bill moves too far in of the Senate talking about a grazing Mr. DORGAN. Mr. President, as I was some areas. But all of us believe these bill. I have spent a substantial amount saying, this piece of legislation is a are multiple-use lands—public lands of time on this issue this year. I cannot piece of legislation that deals with available for multiple use—and that tell you the number of meetings I have grazing issues that are important they ought to remain that way. had in North Dakota with ranchers, en- issues to people who ranch and who I really believe that hunters have a vironmentalists, hunters, and others, graze cattle on public lands. I indicated right to these lands. Hikers have a talking about the various proposals previously that there is some truth on right to these lands. Environmentalists that exist in the grazing legislation every side here on this issue, and that own these lands as well. These are mul- that has been offered by Senator each side seems to stretch some here tiple-use lands, and will remain mul- DOMENICI, the substitute that was pre- and there to make their point. tiple-use lands. And I would not sup- viously offered by Senator BINGAMAN I think there is a legitimate question port anything—not a substitute, any- and myself in the Energy Committee, with respect to some of the manage- thing—if someone brought a propo- and other iterations of each. ment practices, especially on the grass- sition to the floor that says this is not This is another one of those cases lands in North Dakota. I think there is your land, and that this land belongs to where in debate on the floor of the Sen- a legitimate question about the man- ranchers. It is not my view. I will not ate, it seems to me, there is a little bit agement practices that create cir- support anything that supports that of truth on both sides. Each side takes cumstances where a rancher who is view. That is not what we are saying. their side of this issue and tends to grazing on public lands wants to move The substitute offered in the Energy take it out here and make a caricature a water tank and months and months Committee by Senator BINGAMAN and I out of it. The fact is that we have a cir- and months pass, and they do not get says there are some problems and let cumstance with respect to publicly an answer. Some of these little issues us address those problems. Let us not owned lands in many of our States that that they ought to get resolved ought address those problems by creating are used for a lot of purposes, where to be resolved. They ought not to wait more problems for ranchers. Let us not ranchers in my State—not big ranch- forever for some answer. So ranchers address them restricting any access for ers, but family ranchers—are trying to get upset on that kind of management anybody else. Let us simply address make a living grazing their cattle on of public lands, and they have a right them the way they ought to be ad- public lands, as has been provided for to be upset about that. We ought to re- dressed. many years with respect to the mul- solve some of those problems and ad- I hope, as we talk through this set of tiple use of these lands. They work dress some of those problems. issues in the next day or so—and hope- hard and they do not ask for much Senator DOMENICI has offered a piece fully we will have a vote tomorrow on from anybody. of legislation that has gone through a this, and we will have a vote I think on couple of different drafts. Senator a substitute that Senator BINGAMAN Most of these folks are not big. They BINGAMAN and I offered a substitute in and I will offer along with some oth- are family-size ranches. They are sub- the Senate Energy Committee on two ers—I understand that there will be a ject to the whims of the weather and occasions I believe; maybe one. But we vote on an amendment by Senator subject to the ups and downs of cattle offered a substitute. We said that there BUMPERS on grazing fees. There may or prices, and sometimes they have an are some things that we think have may not be other Senators who come awful time. merit in Senator DOMENICI’s approach, to offer amendments on the issue. But I notice that the Senator from Con- and there are some things that we I hope when we get to the final stages necticut has something he wants to do. think need to be improved upon and of this process that most of us will un- I will be happy to yield for a moment. changed. derstand that we are aiming for the Mr. DOMENICI. Mr. President, we So we wrote a substitute that we same thing—we want to solve some have been informed that Senator DODD think addresses the real problems that problems. We do not want to create will introduce a distinguished guest. exist without causing some other prob- others. He will then ask that we be in recess lems. We are here wanting to solve I would say to those in my State, for a period of time. problems—not create problems. North Dakotans, who are interested in I yield to Senator DODD for that pur- I say this to those who argue, as this issue that these are multiple-use pose. some have in the recent editorials in lands and will remain multiple-use

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2410 CONGRESSIONAL RECORD — SENATE March 20, 1996 lands. I feel very strongly that hunters have others. I just wanted to tell him I thank the Senator. I yield the floor. and others have an interest in these what I told the Senate when I did not The PRESIDING OFFICER (Mr. lands, and I will not do anything to rethink he could be here. The leader COATS). The Senator from Montana. strict that interest. By the same wants us to finish tomorrow because he Mr. BURNS. Mr. President, I thank token, I come to the Senate wanting to has a commitment to Senators that my friends from New Mexico for the solve some problems that ranchers there will be no votes on Friday. We leadership they have shown on this have. They graze cattle and have some will be in tonight, if need be rather issue. problems with respect to the manage- late, and then come back on this, I It is a wonderful day to start the de- ment structure. And I am interested in think, at noon tomorrow. bate on this particular issue, the first solving those problems. So we will give the Senator all of the day of spring. Even though the weath- As we debate and discuss this, let us time in the world because he is entitled erman has not chosen to cooperate really deal with the facts on each side, to it. But I hope on his amendment properly in greeting this day for the and let us—each of us—represent what that sometime later he might give us most part across the country, a little an idea when he might vote this we want the answers to be to these bit colder than usual, the Earth is evening so we could get one vote on problems. At the end of the day we starting to shed its winter chill and the count votes in the Senate. We do not this bill accomplished this evening. Mr. President, before I yield, let me frost is giving way to the warmth that weigh them. So whoever has the votes lives within this great Earth. It is also say to Senator DORGAN that I thank to advance their proposal, that is what the time of renewal, when those seeds public policy will be. And I hope, at the him for the way he has handled himself here on the floor this afternoon. I that have laid in the Earth and those end of this, public policy will be one grasses that were dormant, are start- that says these are lands that belong to think his comments were very well taken. I think there is a lot of excess ing to show some signs of growth. It our country—all of the people of our starts to give the Earth a different hue. country—and should be available for language on both sides of this. I mean ranchers frequently say, if this hap- It is also a pretty exciting time in all of the people in our country to use. livestock agriculture, too, a time for But some of the salt-of-the-Earth peo- pens, they are out of business; they are gone. Environmentalists say, ‘‘If you newborn calves and lambs, a special ple in our country also are people who time of the year for those who are at- ranch, who work hard, who try to beat do not do this, the public land is all going to be owned and confiscated by tached to the land in a very, very spe- the odds, the weather, the prices, and cial way. they have some management problems, ranchers, and we will lose all of our rights.’’ Frequently neither of those It is a season that also gives us re- and we ought to address some of them. newal. This transformation that we That is my interest in this legislation. views are accurate. We are going to try our best to have have, this promise of renewal every I will return to the floor with my col- a multiple-use bill when we leave the spring, every year, this renewable re- league, Senator BINGAMAN, offering a Senate, get one from the House, and source that renews itself, happens right substitute, and we will have a discus- send it to the President. We have no in- before our eyes and it assures us that sion about that. I will also, when I retention of taking away any rights—we the future is now and will ever be. turn to the floor, join in some discus- do, however, want to protect grazing, I realize it is hard to see the signifi- sion I am sure with Senator DOMENICI, and try to put it in a secured position. cance of the season by those who have Senator CRAIG, Senator BURNS, and But we are not trying to take away any never really experienced that special others. While we might disagree on of the other rights. We are doing our attachment to the land. some parts of this bill we agree on oth- very best to try to see that they are In saying that, it is time for the Sen- ers. there. I commend all of those who are in- ate and this Congress to bring some Mr. DORGAN. Will the Senator yield common sense, some predictability, volved in this discussion because I for a question? think that this is an interesting discus- and stability to the folks who really Mr. DOMENICI. Of course. deserve it, the people who are charged sion about the use of public lands, and Mr. DORGAN. With respect to the with the business of caretaker of our I hope that we will shed more light schedule, of course, that is up to the lands and our resources that come from rather than cause more fog in the next leaders. I would suggest I do not think those lands. They are good caretakers day or so. there is a circumstance where you are because it behooves them to be good Mr. President, with that, I yield the going to see a filibuster that succeeds caretakers. I just do not know of any floor and I will return to the floor with on this legislation. I think there is a good or successful rancher who loves Senator BINGAMAN and offer a sub- general understanding that this legis- and cares for his livestock and his land, stitute. lation will be resolved by the end of to- who lives for the day that he will fi- Mr. DOMENICI. Mr. President, I un- morrow, and I hope that if we get to a derstand that Senator BURNS has been circumstance where someone wants to nally turn over the reins and the own- waiting a long time and wants to speak offer an amendment, and it is going to ership of that ranch to the next genera- on our side. I am pleased that Senator take us until 8 or 9 tonight, and we are tion, whether it be a son or son-in-law BUMPERS is here. If all goes well, as not going to call people back for to- or daughter or daughter-in-law, who soon as he is finished, the Senator may night, we could roll that vote first does not live for that. They teach their get the floor and offer his amendment, thing in the morning. next generations how important this debate it, and try to vote this evening. So I would urge the leaders and the caretaking is. If we in this country are Is that all right? managers of the bill to consider that to hand to our children and to our Mr. BUMPERS. Mr. President, it is because I do not think this is a case grandchildren a better ranch and there- immaterial to me when we vote. We where if we do not vote by 9 o’clock tofore a better world, where they can can vote this evening or possibly tonight, we are not going to have the bill work, where they can sustain life, morrow. I am not prepared to enter out of here tomorrow. I do not know of where they can recreate in an environ- into a time agreement at this moment. anyone who is going to stall the bill to- ment of clean air and clean water, then If the Senator from Montana would morrow. we must dedicate ourselves to the idea like to proceed, my chief cosponsor, Mr. DOMENICI. Let me just make that Washington must, in a different Senator JEFFORDS, will be here in sure that the Senate understands that way, make regulations and work with about 2 or 3 minutes. If the Senator I do not intend, if we have some kind of the local people to make sure it hap- wants to proceed, that is fine. understanding about how many amend- pens. Mr. DOMENICI. He will proceed now, ments and we will finish tomorrow, to After hour after hour of discussion and then Senator BUMPERS will follow. keep the Senate in until 9, if we have both here in Washington and on the Let me just talk to Senator BUMPERS consent to debate it tonight and vote ground on this particular subject, it is for a minute on the timing. I under- tomorrow. I thought we would get time now to move forward with a stand his amendment is an amendment through the first amendment sooner rangeland bill that we can be proud of to increase grazing fees. That is the than that, by 6 or 7. If not, I will talk and that we know will work and has one which he has given us. He may to the leader about the Senator’s idea. the support of everybody involved.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2411 If one could have written a rangeland management or other appropriate multiple- a favor. Those who pay the bills in that bill that has all the principles of mul- use activities in accordance with applicable community, who provide the services tiple use, maybe this is not quite per- Federal and State laws and the principles of to local government—schools, roads, fection. If we were to write one that re- multiple use. public safety—all of this comes out of flects the dedication to pursue sensible How much clearer must it be? It is that check when he sells the product environmental policy, that preserved even written in plain, everyday this fall. the gains that we have made in the last English. So, as we talk about this, and we will 50 years on our rangeland, then I would So, as we talk about this issue, we bring up more points as we go along, I say this one probably is not perfection will all have a lot more to say about it. just want to remind folks what we are either, for, you see, those folks who are I agree with my friend from North Da- dealing with here and how delicate the charged with the caring of this land, kota, we have run into some problems. balance is between good management they became concerned about our We have not been able to move a water on range and bad management. range conditions a long time ago. They tank when we wanted to. The decisions In 1979, I started a little activity in just did not start in 1980 or 1986 or 1984 from BLM did not come fast enough, or Montana called Montana Range Days. or 1990, and for sure not 1996. decisions from the U.S. Forest Service It started off with about 200, 250 people Range management was put together did not come fast enough. But do we who would attend every year. We had after World War II and after the Great create two or three layers more of bu- super starters, 8-year-old, 9-year-old Depression and great droughts of the reaucracy to make that decision? The kids, identify plants, weeds, grasses; dirty thirties. best decisions are made at the local identify carrying capacity on range, In this bill, as presented by Senator level. Do we have to call Washington to capacity conservation, watershed—3 DOMENICI of New Mexico, we have change a gate? I would say no, not and days sleeping on the ground out on the taken a giant step to the resolution of be good caretakers of the land, because range. I kind of helped that get started. a very, very contentious and emotion- if they delay the decision of moving It is bigger now than it was in 1979, ally charged issue, and at times it has the water tank, maybe they will delay under the leadership of Taylor Brown, defied common sense and good judg- the decision about moving some stock who took over the Northern Ag Net- ment because there are groups that that should be moved. Maybe there is work when I left that organization. So probably have had to raise some money some real environmental damage that we are pretty familiar with rangeland and what they teach in the colleges, and this is probably a pretty good issue could be done because of the inability and how they teach management and on which to do it. to make a decision 2,100 miles away As we look at the future of these from where the grazing activity is tak- things that can happen on a range. By the way, a range is not used for lands, we must be careful as to what ing place. just about any other purpose. The only the people who are actually the care- The challenge that awaits this and way we got to harvest that resource takers of these lands provide for the every Congress from here on out will be out there is through animal agri- rest of America to enjoy, for it is in the the effect of how we manage public lands or the policy we set for those re- culture. best interests of these people to care So, we will talk about the merits of sources found on public lands. This bill for these lands. Without the continual amendments and the merits of this bill. seeks to provide an effective, reason- regeneration of the grass and the land But I ask my colleagues to think and able management of our natural re- they care for, they have nothing to look, and really look at it objectively, sources. Effective management means graze. They are out in the cold. They without any outside influence, to see it will allow those close to the land, are out of business. exactly who contributes what to a who have not only economic but also We have heard that there are those neighborhood, to a community, to a social involvement with a community, who are concerned about wildlife. county, and to a State, and look at the allow them to manage those resources, Please read all the journals of Lewis practices and look how far we have and Clark. Please read of the people not as they see fit but as nature sees come in the development of better who entered these lands long before fit. range for everybody. There is a lot The terms of this bill, to make graz- there was a rancher there. Read in the more to be hunted, there are a lot more journals how there was no wildlife at ing an acceptable practice in the man- fish in the rivers, because there has all, that they ate their horses in the agement of our Federal public lands, is been good stewardship on our range, dead of winter, and the only wildlife— that asking too much? Do we just let because it is profitable for a rancher to and it was sparse—was along the rivers, the grass grow up every year? Some do so. the Missouri and the Yellowstone and years you are going to have drought, The future of our public lands rests the rest of them. That was in the north and it is not going to grow up. But let in our hands. We had an opportunity to country. Those lands were not claimed us say we got a lot of growth last year, make the future meaningful for all during the homestead days. It was for this year there is a lot of dead grass people, and I hope my fellow Members one reason: There was no water. Very around, and it burns. It will burn. In its will work with us and vote with us to harsh land. But with people who cared path you put at jeopardy life, property, provide a sustainable and stable future and people with new and innovative even residences. I do not know how for the land, for the livestock producer, ways to bring water into grasslands, many people on this floor have ever and the people who enjoy those public there came the wildlife. I can give you faced one of those fires. They are not a lands. all kinds of figures on the increase in fun thing. They are pretty scary. But Let us look at the real merits of antelope, deer, whitetail deer, muleys, the people who are caretakers of this what we are doing here and the effect elk, whatever you want to count. There land face that every day. it has on people. I am just talking are more of them now than at any time Do you want to talk about prices of about people. I have heard it from the since the Great Depression. cattle? I can talk about that. I have a other side, ‘‘We are the compassionate I am not going to do anything that is hard time relating $58 and $62 steers folks. We care.’’ We will find out how going to harm the habitat of wildlife or and heifers ready to be brought to mar- much they care and the compassion harm my way of life. I like to hunt. I ket, and little T-bone steaks at Giant they have for people. am chairman of the Sportsmen’s Cau- at $4.50 to $6 a pound. There is not too I yield the floor. cus in this body. I am not going to do much relationship here. Packers say The PRESIDING OFFICER. The Sen- anything to harm that. I would ask they are not making any money. You ator from Arkansas is recognized. these people, where are some of our know how packers are. AMENDMENT NO. 3556 TO AMENDMENT NO. 3555 supporters whenever hunters’ rights Cattlemen will be hurt, but we will (Purpose: To increase the fee charged for come up? Where are they then? Are we not feel it here in this town because, in grazing on Federal land) playing with a double-bitted ax here? this town, April 15, the shrimp boat Mr. BUMPERS. Mr. President, I send Section 102, paragraph (c) says: comes home and we will get our check. an amendment to the desk and ask for Nothing in this title shall limit or preclude They will get theirs this fall. But it its immediate consideration. the use of and access to Federal land for will be 35 percent less than it was last The PRESIDING OFFICER. The hunting, fishing, recreational, watershed year, and we think we are doing them clerk will report.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2412 CONGRESSIONAL RECORD — SENATE March 20, 1996 The assistant legislative clerk read sections (b) and (c), the Secretary of the In- concern was expressed, those having as follows: terior and the Secretary of Agriculture shall fewer than 500 head. Therefore, the in- charge a fee for domestic livestock grazing The Senator from Arkansas [Mr. BUMP- crease would only have affected the on public rangelands as provided for in sec- ERS], for himself, Mr. JEFFORDS, Mr. BRAD- tion 6(a) of the Public Rangelands Improve- largest of the ranchers. This amend- LEY, and Mr. KERRY, proposes an amendment ment Act of 1978 (43 U.S.C. 1905(a)) and Exec- ment also failed, but by a smaller mar- numbered 3556 to amendment No. 3555. utive Order 12548 (51 F.R. 5985): Provided, gin. Mr. BUMPERS. Mr. President, I ask That the grazing fee shall not be less than: The opponents of the second grazing unanimous consent that reading of the $1.50 per animal unit month for the 1997 fee amendment argued that a grazing amendment be dispensed with. grazing year; fee increase should not be included on The PRESIDING OFFICER. Without $1.75 per animal unit month for the 1998 an appropriations measure, but consid- grazing year; and objection, it is so ordered. $2.00 per animal unit month for the 1999 ered only during debate on grazing re- The amendment is as follows: grazing year and thereafter. form legislation. Strike Section 135 of the substitute and in- (b) DETERMINATION OF FEE.—(1) Permittees Today is the day when that oppor- sert the following: or lessees who own or control livestock com- tunity has arisen again. I want to take SEC. 135. GRAZING FEES. prising less than 2,000 animal unit months on this time to do what I have been told, (a) GRAZING FEE.—Notwithstanding any the public rangelands during a grazing year and that is to bring it up on an appro- other provision of law, the Secretary of the pursuant to one or more grazing permits or leases shall pay the fee as set forth in sub- priate piece of legislation and leave the Interior and the Secretary of Agriculture small farmers alone. That is what my shall charge a fee for domestic livestock section (a). grazing on public rangelands. The fee shall (2) Permittees or lessees who own or con- amendment does. be equal to the higher of either— trol livestock comprising more than 2,000 I believe today it is time to finally (A) the average grazing fee (weighted by animal unit months on the public rangelands change this longstanding inequity; an animal unit months) charged by the State during a grazing year pursuant to one or inequity because when you compare during the previous grazing year for grazing more grazing permits or leases shall pay the this to what private people have to pay on State lands in which the lands covered by fee equal to the higher of either— (A) the average grazing fee (weighted by or pay on State grazing lands, this is a the permit or lease are located; or animal unit months) charged by the State real giveaway. I do not mind it for (B) (1) the fee provided for in section 6(a) of during the previous grazing year for grazing small farmers, but I do mind that the the Public Rangelands Improvement Act of on State lands in which the lands covered by 1978 (43 U.S.C. 1905(a)) and Executive Order large corporate owners own 9 percent the permit or lease are located; or 12548 (51 F.R. 5985): Provided, That the graz- of the permits, but have 60 percent of (B) the Federal grazing fee set forth in sub- the AUM. ing fee shall not be less than: section (a), plus 25 percent. UMPERS $1.50 per animal unit month for the 1997 (c) DEFINITIONS.—For the purposes of this Senator B ’ amendment re- grazing year; section— quires that all ranchers operating on $1.75 per animal unit month for the 1998 (1) State lands shall include school, edu- Federal land pay a fee equal to the grazing year; and cation department, and State land board State grazing fee. His amendment says $2.00 per animal unit month for the 1999 lands; and they ought to pay at least what they grazing year and thereafter; plus (2) individual members of a grazing asso- have to pay to the State, forget about (2) 25 percent. ciation shall be considered as individual per- (b) DEFINITIONS.—For the purposes of this mittees or lessees in determining the appro- private lands, but at least they ought section— priate grazing fee. to pay what is paid for using State (1) State lands shall include school, edu- Mr. JEFFORDS. Mr. President, this land. cation department, and State land board is kind of bringing back memories to The second-degree amendment I just lands; and me here today. I remember fondly my offered exempts all small ranchers and (2) individual members of a grazing asso- first year in the U.S. Senate. After 14 allows them to continue to pay the ciation shall be considered as individual per- lower Federal fee that is presently at mittees or lessees in determining the appro- years as a Member of the House of Rep- resentatives, I came to the Senate in dispute here. priate grazing fee. Mr. President, my second-degree PRIVILEGE OF THE FLOOR 1991, excited to represent my State. Re- specting the customs of this honorable amendment will protect small family Mr. JEFFORDS. Mr. President, I ask ranchers who currently rely on Federal unanimous consent that Susanne institution, I worked to learn the rules and procedures of the Senate. It was lands to support their business. A few Fleek, a fellow from the Department of years ago, I had the opportunity to the Interior, be granted the privilege of not until September of my first year that I actually made a speech longer tour several western ranches and visit the floor during the debate on grazing than 5 minutes on the Senate floor. with small family ranchers. I legislation. During this first long speech—it was empathize with them and recognize The PRESIDING OFFICER. Without long, as many may remember, or that out in the West, so much land is objection, it is so ordered. maybe somebody remembers—I dis- owned by the Federal Government and AMENDMENT NO. 3557 TO AMENDMENT NO. 3556 cussed the issue we are here debating if you do not have an opportunity to (Purpose: To increase the fee charged for today, that is grazing fees. At the time, utilize that land, you have no oppor- grazing on Federal land) in September 1991, I authored a grazing tunity. During this visit, I gained great Mr. JEFFORDS. Mr. President, I fee amendment that would have in- appreciation and respect for the life- have a second-degree amendment creased the fee from $1.97 per AUM, or style of these small farmers. I made which I send to the desk. animal unit month, to $5.13 per AUM, many friends in Wyoming. These The PRESIDING OFFICER. The in 5 years. We did this in response to a ranchers embody not only a piece of clerk will report. similar amendment which passed the our Nation’s history, but also a piece of The assistant legislative clerk read House overwhelmingly during that our Nation’s future. as follows: summer, which would have raised the I realize that these farmers are facing a daily struggle to keep their The Senator from Vermont [Mr. JEFFORDS] fee to $8.70 per AUM. proposes an amendment numbered 3557 to The amendment I offered in 1991 ranches operating, a fact I have taken amendment No. 3556. failed, and the House proposal was re- into consideration in drafting this Mr. JEFFORDS. Mr. President, I ask moved in conference. The primary ar- amendment. Keeping with the theme of unanimous consent that reading of the gument against this first grazing Senator DOMENICI’s bill, my amend- amendment be dispensed with. amendment was that such a fee would ment protects these farmers. In fact, The PRESIDING OFFICER. Without have bankrupt many small ranchers. my amendment places a lower fee on objection, it is so ordered. We revisited the grazing fee issue 1 these farmers than the fee contained in The amendment is as follows: year later, in August 1992. Again, we of- the pending bill. In lieu of the language proposed to be in- fered a proposal which would have re- So if you want to look out for the serted by the Bumpers amendment insert the quired those ranchers grazing on Fed- small farmers, this is the opportunity following: eral land to pay their fair share of its to do it, better than even the under- SEC. 135. GRAZING FEES. use. lying Domenici bill. (a) GRAZING FEE.—Notwithstanding any This time, however, we exempted the On my amendment, the fee for small other provision of law and subject to sub- small farmers, about which so much ranchers will be $1.50 per AUM, animal

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2413 unit month, in 1997. This is 20 percent this assistance. It will raise the fee for Let me add a word about what this less than the fee in the underlying the remaining 9 percent of the ranchers debate is not about. This debate is not bill—20 percent less. who operate the large and highly prof- about protecting those few ranchers Instead, my amendment addresses itable ranches, and, in doing so, my who abuse the land. As far as I am con- the large ranchers who for years have amendment will raise approximately cerned, the holder of any grazing per- been making millions off the public $13 million annually in revenue; that mit has the right to graze livestock on lands and costing taxpayers up to $200 is, we are really converting and just his public land. That is the right of million annually. Not only are these giving the money that was going to that permittee. But that right comes ranchers paying a grazing fee that is 60 those huge ranchers out there, with the with a responsibility, a responsibility percent less than what it was 10 years exception of $13 million which will go to be a good steward of the land, good ago, but they are also the beneficiary to help defer the cost of the program, steward of water and wildlife and allot- of Federal programs for range improve- to the small ranchers. That, I believe, ment. If that responsibility is not met, ments, predator control, and emer- is a fair deal for the taxpayers and a if the land is abused, then that permit gency feed programs. real benefit to those small family should be ended, it should be termi- Mr. President, it is time to take a ranchers out in the West who need the nated. Basically, that is what should be closer look at these large ranchers and assistance, whereas the large corporate done, that is what should happen. start charging them an honest and eq- ones certainly need no assistance. In my State of Montana, there is a uitable price for the land from which Mr. President, let me summarize. My famous painting painted by the great they are profiting. An interesting phe- second-degree amendment exempts cowboy artist Charlie Russell, who had nomenon has occurred in the Federal small ranchers. Only large corporate the unique gift for capturing the life of grazing program. Although the large interests who hold Federal grazing per- the Old West on canvas. There is one ranchers hold only 9 percent of the Bu- mits will be affected by the underlying Russell painting that comes to mind reau of Land Management grazing per- Bumpers amendment. called ‘‘Waiting for a Chinook,’’ also mits, they comprise over 60 percent of Again, remember that 9 percent of known as ‘‘The Last of 5,000.’’ It was the active use of animal unit months the permit holders are large corporate painted by Charlie Russell as he was on public lands. Nine percent of the entities, or wealthy individuals, and sending a card and letter back to the permit holders are big corporations they control over 60 percent of the owner of the ranch. The owner hap- owning 60 percent of the AUM’s. AUM’s. And 91 percent of the ranchers pened to be in New York City. This is Who are these ranchers? Let me give holding permits to graze on Federal a ranch he was associated with in Mon- you some examples. One is Willard Gar- lands will pay less with my amendment tana. vey of Willard Garvey Industries, than the pending legislation, and only It is a painting of a lone cow. It is a which recorded $80 million in sales in those 9 percent, the very wealthy cor- lone cow standing in the middle of a 1991. Wow, boy, do they need help from porations and individuals, will have to blizzard. Coyotes are circling and wait- the Federal Government. contribute a fair cost of what they are ing for that cow to fall. It was a year One is J.R. Simplot, who has an esti- getting at the State level, not at the when most of the herds in Montana mated fortune of $500 million. Great private-lands level, which would even were decimated. This pretty much one to give subsidies to. He was on the be higher. sums up the challenges that we have cover of Fortune magazine as one of So let us vote for the small ranchers. faced as ranchers in Montana. the great entrepreneurs of our society, I urge my colleagues to vote for my Ranchers have to face the severity of and we give him that kind of a break. second-degree amendment. Montana winters. They have to deal Another is the Rock Springs Grazing Mr. President, I yield the floor. with predators, not only coyotes, but Association that has over $1.6 million Mr. BAUCUS addressed the Chair. wolves. They have to deal with very in assets. I have a list of large ranch- The PRESIDING OFFICER. The Sen- wide swings in the cattle market cy- ers, including Texaco, Getty Oil, Hil- ator from Montana. cles. While the Russell painting does ton—wow, boy, do they need help. I ask Mr. BAUCUS. Mr. President, I want not reflect it, today’s ranchers have to you, why is it that these large compa- to say a few words in support of the deal with the challenge and frustration nies are receiving Federal subsidies basic bill we are debating, the Domen- of Canadians pumping beef into the when, in many cases, small family ici bill. I appreciate the parliamentary U.S. market and meatpackers manipu- ranches operating on private lands at position we are in; that is, the Bumpers lating market prices. So, taken as a many times the cost receive nothing? amendment on fees pending with the whole, it all makes for a mighty uncer- My amendment is a first step in rem- Jeffords second-degree amendment tain livelihood. edying this obvious disparity. My pending. I want to direct my comments That is what S. 1459 is about. It is amendment will raise the grazing fee not to those specific amendments—the about giving ranchers a Federal graz- for large ranchers who have permits first- and second-degree amendments— ing policy that is stable and fair, that holding more than 2,000 animal unit but rather to the substance of the bill. will encourage ranchers to remain good months. It will raise it to a level equal I want to begin by reminding my col- stewards of both their private lands to the grazing fee charged by the State. leagues what this debate is really all and the public lands where they graze. This is all we are doing. This is for the about, and also what it is not about. The bill provides the tools to set Fed- big guys, the large ones, the huge guys I want to begin by pointing out that, eral policy in that direction. It gives who do not need help. We say, at least frankly, this bill fundamentally is ranchers the stability of 12-year per- you ought to pay what other farmers about providing ranchers with grazing mits. It is very important. It recog- are paying to the State. Not only will rules that are fair, grazing rules that nizes the investments that ranchers this bring the Federal fee to fair mar- are predictable, and grazing rules that make in range improvements, also im- ket value—that is what is charged by are certain. portant, and protects individual water private owners—but will also give the The Domenici bill is also about as- rights, equally important in the West. States more control over grazing in suring that where grazing does occur As I was listening to the Senator their own State. By creating a two-tier on Federal lands, it does not occur at from Vermont talk about these big program, my amendment protects the the sacrifice of wildlife, it does not ranches of the West, there is one point lifestyle of the small ranchers in the occur at the sacrifice of quality or pub- the Senator from Vermont seems to West who are more than worthy of Fed- lic access. Namely, we honor the prin- forget—that it does not rain in the eral assistance. By creating a two-tier ciple of multiple use. The goal, simply West. In Vermont, it rains a lot. Here program, we will help do what should put, is to see that ranchers stay in you get about 40, 50 inches of rain. In be done, and that is to get equity over business while assuring outstanding my part of the country, west of the the expenditure of Federal funds. hunting and fishing. It is that simple. I 100th meridian, the average rainfall is The amendment will retain a low might say, in my State of Montana about 14, 15, 16 inches a year. That is grazing fee for over 90 percent of the this balance exists, and it exists today, all year around, including snow and ranchers leasing public lands. Over 90 and I want to see that balance con- rain. That is why there are big ranches percent of the ranchers will be getting tinue. in the West. You have to have a lot

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2414 CONGRESSIONAL RECORD — SENATE March 20, 1996 more space to graze your livestock be- They will be given notice of all pro- improved it from everybody’s stand- cause there is not a lot of rain for the posed permit actions and provided with point. I want to say he has been con- grass to grow. an opportunity to comment and infor- sistent with us. I am very appreciative. The bill also, I might say, Mr. Presi- mally consult with BLM or Forest I yield the floor. dent, protects not only water rights, Service land managers before a deci- Mr. BUMPERS addressed the Chair. but it makes the Forest Service and sion is made. Following that decision, The PRESIDING OFFICER. The Sen- BLM grazing rules much more uniform, they have the right to lodge an admin- ator from Arkansas. also important, because ranches have istrative appeal. If they are still un- AMENDMENT NO. 3556 TO AMENDMENT NO. 3555 one set of regulations on BLM land and happy, they can take their grievance to Mr. BUMPERS. Mr. President, I a different set on Forest Service lands. Federal court. So under this bill the would like to open my remarks by sim- It helps to assure that Federal grazing door is open to the public at virtually ply saying that this amendment is not policy is basically the same whether it every stage of the process. vindictive, it is not designed to put is BLM or Forest Service land. This legislation also recognizes the small ranchers out of business, and in- The predictability of this bill bene- progress that the current resource ad- deed it would not. I consider it to be an fits not only ranchers, but all users of visory councils have made in devel- eminently fair amendment. our public lands; that is, hunters, rock oping standards and guidelines for re- Mr. President, for the benefit of peo- hounds, birdwatchers, hikers, you sponsible grazing on our Federal lands. ple who do not deal with this issue and name it. The work of these councils will con- really do not understand what this de- There is a popular bumper sticker I tinue to serve as the basis for setting bate is about, let me start off by saying frequently see on cars passing by as I grazing standards. there are 270 million acres of land that am walking across my State of Mon- Most importantly, these standards literally belong to the taxpayers of tana. Let me tell you what that bump- will be developed by Montanans, not America. Most of it, admittedly, is in er sticker says. It says, ‘‘Cattle, Not Washington bureaucrats. the western States. However, some of Condos.’’ That is what would happen if The legislation also maintains high it is in my State and your State. Mr. our family ranches simply became too environmental standards for ranchers. President, there are currently 270 mil- unprofitable to stay in business. The Just listen to this. Today, over 70 per- lion acres of land that are subject to land would be subdivided. Wildlife cent of lands managed by the BLM in grazing permits. habitat would be fragmented. Access to Montana are rated good to excellent How many permits? Twenty-two many of our favorite fishing holes —70 percent. That is, 70 percent of the thousand. How much money do we get? would be cut off, as stream and river- BLM lands in the State of Montana are Mr. President, we receive $25 million front lots are sold for cabin sites. We rated good to excellent. Less than 5 and change. Therefore, we are not here would lose the great sense of openness, percent of the BLM land is in poor con- debating money. That is really not the wide open spaces that help make Mon- dition; that is, not great, could be a lot issue here. There is not much dif- tana the ‘‘Big Sky State.’’ better, but it is not bad. So, 70 percent ference in the amount of money be- John Schultz of the Gran Prairie good to excellent; 5 percent in poor tween the bill of the Senator from New Ranch, near Grass Range, in Fergus condition. Mexico and the Bumpers amendment. I County, summed it up when he wrote The legislation provides the tools, will tell you, however, where the dif- me, ‘‘The recreationists and hunters however, to assure that the conditions ference is. The difference is in fairness. use this land extensively * * *,’’ that is in the poor allotments are improved. The difference is in who pays the fee the land that this rancher owns, pri- On-the-ground decisions reflect sound and what happens to the money. vate land as well as public land, ‘‘*** science. The bill requires a permit- Now, the principal thrust of my however, there is only one man who level review of monitoring data every 6 amendment and the second-degree maintains the water and manages the years to ensure that good stewardship amendment of the Senator from grass so the plant population is diverse is not only the goal, but is actually Vermont [Mr. JEFFORDS], is to pro- and in good condition. Not only do the being practiced. tect—let me repeat, to protect—small livestock benefit, but the wildlife do as In closing, I want to go back to what ranchers. That is who the Senator from well.’’ this bill is about. It is about putting New Mexico says he wants to protect. The simple fact is that a strong, via- into effect fair, balanced grazing rules He has a lot of small ranchers in New ble ranching industry is of benefit to that will allow our ranchers to make a Mexico that are totally dependent for all Montanans. It benefits the small living. their livelihood on grazing. I want communities that rely on the ranchers’ It is also about recognizing that them protected. business, and it benefits sportsmen who sportsmen and recreationists use the I do not want my intelligence in- enjoy the outstanding hunting oppor- public lands. It is their right, too. That sulted by continually talking about tunities created by large tracks of un- Federal policy must be one of mutual small ranchers when 9 percent of the developed wildlife habitat. It helps pro- respect and accommodation for all le- permittees, bear this in mind, there are vide the tax base for many of our rural gitimate uses of the resources. We have 22,000 permittees and 9 percent of those communities, our schools, and our hos- to work together, come together. permittees control 60 percent of the pitals. That is what this bill is about. That is what this bill does. It helps AUM’s. What is an AUM? It is an ani- It is about establishing a Federal pol- reduce the division, the acrimony, the mal unit month. It is the amount of icy that helps us be good stewards of dissension of all the groups that have forage needed to graze one horse, one the land and remain economically via- been trying to deal with this policy. It cow, five sheep, or five goats for 1 ble. It is a policy that makes the Fed- helps bring people together. That is month. An AUM is the basis on which eral Government a partner rather than what this does. It goes a long way to farmers or ranchers are charged for a pest. strike a balance, which I think is very grazing their cattle. They may start off Let me go back to what this bill is helpful to better and more sound Fed- with 200 head and they may keep 200 not about. It is not about excluding the eral land policy. I urge its adoption. head for 6 months and they will pay, public from having a full say in how we Mr. President, I ask unanimous con- today, in 1996, $1.35 for each month for manage our public lands. It is not sent to be added as a cosponsor to the each of those 200 head that graze on about compromising on environmental bill. Federal land. If the rancher sells off 100 protection. The PRESIDING OFFICER. Without head on the first of July, his rent is cut Critics of this bill maintain that the objection, it is so ordered. in half. bill bars meaningful public participa- Mr. DOMENICI. Mr. President, I I was a drugstore cowboy, among tion when it comes to range improve- want to thank Senator BAUCUS for his other things before I came to the Sen- ment. That is not accurate. Under the cooperation. He has worked with us on ate. I had 125 cows and maybe 80 calves. bill, a simple postcard guarantees an trying to make the bill better, and Mr. DOMENICI. Did the Senator interested citizen a seat at the table clearly from the first bill we intro- graze those on the public domain? for virtually every decision affecting duced, into the second draft and the The PRESIDING OFFICER (Ms. range management on our public lands. final one we put in today, I think we SNOWE). The Senator from Arkansas.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2415 Mr. BUMPERS. They were raised on there is some truth to that. I know today. They are a big computer manu- private land. However, other people in that some of these bureaucrats of the facturer. Everybody knows Hewlett- Arkansas currently graze on Forest BLM and the Forest Service can be Packard. Mr. Hewlett and Mr. Packard Service lands. Moreover, fees paid on overbearing. I also know that most of graze cattle on nearly 100,000 acres in eastern Forest Service lands, including those ranchers do not want them Idaho. Why? Because it adjoins a ranch Arkansas, are currently calculated around, period. they own. Mr. Hewlett and Mr. Pack- using a formula that is different than Now, the reason I am standing here is ard pay $1.35 per AUM on that Federal the western Forest Service lands. The twofold: No. 1, I want a grazing bill land. Why can Mr. Hewlett and Mr. formula for eastern Forest Service that is fair, that protects small ranch- Packard not pay a fee that is at least lands is based on fair market value and ers and no. 2, I want a grazing bill that a little closer to fair market value is currently $2.50 per AUM. Addition- restores the rangelands of this country. than $1.35 per AUM. ally, any new or vacant permits on Madam President, I want you to look There is a company called Nevada eastern Forest Service lands are com- at this very carefully on why the First Corp. How many AUM’s do you petitively bid. States are so much smarter than we think Nevada First has? They have When I was elected Governor of my are when it comes to leasing their 56,000. They are a subsidiary of the Gar- State, I charged five times as much per lands for cattle grazing. vey Industries Corp., with a net worth AUM for my farm lands as the Federal Even this Senator had enough sense of $80 million. Then there is Anheuser- Government receives now. not to charge $1.35 when folks were Busch. Everybody knows who An- I did not just fall off a turnip truck standing in line to pay me $10. Why do heuser-Busch is. Sunday afternoon, I when it comes to cattle. I raised cattle we continue to do this? I want you to was coming back on an airplane, and for several years and I know something look at this chart. Since 1981—inciden- my staff had given me a memo on this about it. I enjoyed some good times tally, Madam President, in 1981, the debate and a newspaper article about and some bad times. I will never forget U.S. Government was getting $2.31 for how much public land Anheuser-Busch back in the late 1960’s, the story about an animal unit month. The current controlled with grazing permits. I two farmers meeting. My area of Ar- PRIA formula takes cattle prices into asked the gentleman sitting on my kansas is cattle and poultry farming. consideration. The cattle prices are left, ‘‘Do you work for Anheuser- Two farmers met in the restaurant. very low right now. That is one of the Busch?’’ He said, ‘‘No.’’ I said, ‘‘In that One said, ‘‘I lost $100 already this reasons that I want to make sure that case, I will let you read this.’’ He hand- morning.’’ The other said, ‘‘How on we protect the small ranchers. They ed it back to me and said, ‘‘Surely, you Earth did you do that?’’ He said, ‘‘My are having a terrible time surviving are not surprised by that.’’ I said, ‘‘No, cow had a calf.’’ That is how bad prices right now. I am not surprised.’’ We went on our were for cattle. It is interesting to look at the trend separate ways. of the Federal fee level—we received Back to the point, not only do 9 per- Anheuser-Busch, which ranks 80th in $2.31 in 1980. In 1996, 15 years later, we cent of all BLM permittees control 60 the top 500 corporations in America, are receiving $1.35. That is $1 less per percent of the AUM’s, according to holds four permits that total 8,000 GAO, 2 percent of the 22,000 permittees AUM than we received in 1980. What is the trend with regard to fees AUM’s. I have nothing against An- control 50 percent of all the land. Who heuser-Busch. I have been a Cardinal are they? I will come back to that in charged on State lands? The States are not dummies. They did what any pru- fan all my life. That was all we could just a moment. get on the radio when I was a kid. They When I begin providing you with a dent landowner would do. They have are a good corporation, as far as I list of the kind of people, and they are raised their rates from an average of know. not exactly small ranchers, who con- $3.22 per AUM in 1980 to $5.58 per AUM trol hundreds of thousands of acres of in 1995. That translates into approxi- Then there is an organization named land and run thousands of acres of cat- mately a 50-percent increase. What is Bogle Farms. Bogle Farms has 40,000 tle, you will see that we are not talk- the trend of the private sector? They AUM’s on two permits in New Mexico. ing about that small rancher that ev- are smarter than the States or the Fed- In 1991, their net worth was $15 million. erybody in the Senate wants to pro- eral Government, either one. In 1981, Dan Russell—I do not know these tect. We are talking about billionaires, they were receiving an average of $7.83 people—currently holds 10 permits cov- millionaires, and big corporations. per animal unit month on private ering 200,000 AUM’s. The issue is not What do they receive? At this very lands. Today they are receiving an av- whether or not he is a rancher. The moment, they may be in a State that erage of $11.20 per AUM. Look at poor issue is whether, if he controls 200,000 charges up to $10 per AUM for grazing old Uncle Sucker. Not much money in- AUMs, we should subsidize his cattle at cattle on State lands. They may have volved, I repeat, but a big principle. the same rate that small ranchers pay. to pay $10 for per AUM on State lands. Why would some of these billionaires Mr. DOMENICI. Will the Senator But if they get a permit from ‘‘Uncle not be clamoring for Federal lands? yield for a moment? Sucker’’ they pay $1.35 per AUM. Here They did not get rich by being stupid. Mr. BUMPERS. For what purpose? are some of the fees that the States They are mining the Federal Treasury, Mr. DOMENICI. We are going to charge. I have been through this so too. Who are they? One of my favorites, agree on a procedure. many times on mining, and it is the Newmont Mining. Talk about some- Mr. BUMPERS. I yield for that pur- same old story. Here is what the U.S. body mining the Federal Treasury. pose. Government receives, $1.35 per AUM; Newmont Mining is one of the biggest Arizona, $2.16; Colorado, $6.50; Idaho, gold producers in the country, mining UNANIMOUS-CONSENT AGREEMENT $4.88; Montana, $4.05; Nebraska, $15.50; on lands that they bought from the Mr. DOMENICI. Madam President, I New Mexico, $3.54; Oklahoma, $10; Or- Federal Government for $2.50 an acre. ask unanimous consent that following egon, $2.72; South Dakota, $7; Utah, They are mining billions of dollars’ the two rollcall votes scheduled to $2.50; Washington, $4.55; and Wyoming, worth of gold on it and not paying the begin at 12 noon on Thursday, the Sen- $3.50. U.S. Government one red cent. They ate resume the grazing fee bill and the Why in the name of God does the are not just satisfied with owning gold pending Bumpers amendment No. 3556, Federal Government charge $1.35 per lands. They want some of these grazing that debate on that issue be equally di- AUM? What do the States know that permits. So what do they have? They vided in the usual form, and at 2:00 we do not know? I tell you what the control 12,000 AUM’s. What are we p.m., the Senate proceed to vote on or States know. They know what the doing? We are charging $1.35 per AUM in relation to the Bumpers amendment, value of their land is. to Newmont Mining Co., one of the without any intervening action or de- The argument will be made, ‘‘Senator wealthiest companies in the world. bate. BUMPERS, you do not seem to under- Who else? Incidentally, here is a good I further ask that there be a min- stand the way BLM and the Forest one. Mr. Hewlett and Mr. Packard. imum of 75 minutes, equally divided, Service hassle our people. It is just ter- They started a good company. I noticed prior to the vote in relation to the rible how put upon they are.’’ I know a while ago that their stock went down Bumpers amendment.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2416 CONGRESSIONAL RECORD — SENATE March 20, 1996 I further ask unanimous consent that and to a wide variety of other vital AMENDMENT NO. 3556, AS MODIFIED following the disposition of the Bump- services, we cannot ignore any poten- Mr. BUMPERS. Madam President, I ers amendment, Senator BINGAMAN be tial sources of additional Federal in- send a modification of my amendment recognized to offer an amendment. come. The Federal grazing program to desk. Mr. BUMPERS. Madam President, re- must also begin to pay its own way. The PRESIDING OFFICER. The serving the right to object —and I The fee contained in S. 1459 covers amendment is so modified. know the Senator from New Mexico did only a small part of the actual cost of The amendment (No. 3556), as modi- not prepare this—but the first vote the grazing program. The Bumpers fied, is as follows: Strike section 135 and insert the following: which is to occur at 2:00 p.m. is sup- amendment seeks to increase this fee posed to be after the two votes. But it SEC. 135. GRAZING FEES. to a level at least a bit closer to what (a) GRAZING FEE.—Notwithstanding any anticipates an hour and 15 minutes. So would be the fair market value of graz- other provision of law and subject to sub- I ask that it be changed to an hour and ing services by adopting State grazing sections (b) and (c), the Secretary of the In- 15 minutes following the close of the prices. According to the Congressional terior and the Secretary of Agriculture shall second vote. Research Service, the 12 States they charge a fee for domestic livestock grazing Mr. DOMENICI. I did that. I said: studied charge from about 11⁄2 to 10 public rangelands as provided for in section Further, that a minimum of 75 min- times as much as what is charged for 6(a) of the Public Rangelands Improvement utes, equally divided, prior to the vote grazing land under this Federal bill. Act of 1978 (43 U.S.C. 1905(a)) and Executive in relation to the Bumpers amendment. Order 12548 (51 F.R. 5985): While there may be small differences in Provided, That the grazing fee shall not be Mr. BUMPERS. Second, there is one the condition of some State and Fed- less than: $1.50 per animal unit month for the correction there. The first vote should eral grazing lands, any differences do 1997 grazing year; $1.75 per animal unit be on the JEFFORDS amendment to the not justify a fee disparity of 10 times month for the 1998 grazing year; and $2.00 per Bumpers amendment. grazing. Many of my colleagues are animal unit month for the 1999 grazing year Mr. DOMENICI. No. We did this on fond of saying that the States know and thereafter. purpose. We want the first amendment best regarding most programs. Just re- (b) DETERMINATION OF FEE.—(1) Permittees or lessees who own or control livestock com- to be on the Bumpers underlying turn programs to the States, they say amendment. If our desires prevail, then prising less than 2,000 animal unit months on and programs will magically improve. the public rangelands during a grazing year Jeffords goes with it. If not, you are Well, why cannot we look to the States pursuant to one or more grazing permits or here and you can do whatever you when it comes to revenue, too? State leases shall pay the fee as set forth in sub- want. programs are managed to bring in section (a). Mr. BUMPERS. Well, obviously, I money to support their schools. They (2) Permittees or lessees who own or con- cannot object to that. You have a per- cannot afford to subsidize grazers at trol livestock comprising more than 2,000 fect right to move to table. animal unit months on the public rangelands the expense of their children’s edu- during a grazing year pursuant to one or Mr. DOMENICI. I think it is fair that cation. As a result, no State studied we take both amendments down with a more grazing permits or leases shall pay the charges anything like the Federal fee. fee equal to the higher of either— vote. By adopting the State level, we also in- (A) the average grazing fee (weighted by Mr. BUMPERS. The reason I have sure that fees are appropriate for local animal unit months) charged by the State strong objection to that—and I am conditions. during the previous grazing year for grazing going to talk a great deal about that— on State lands in which the lands covered by Madam President, this amendment is is that the Jeffords amendment is an the permit or lease are located; or simple. The rest of the bill is not. Ac- amendment with which I agree. I like (B) the Federal grazing fee set forth in sub- cording to the statement of adminis- it. I like it in some respects better section (a), plus 25 percent. tration policy submitted on S. 1459, the (c) DEFINITIONS.—For the purposes of this than I do my own. I want for the people bill severely limits the ability of public section— of this body to understand that if they land managers to protect the land and (1) State lands shall include school, edu- vote to table the Bumpers amendment, cation department, and State land board its resources and manage lands for they will not get a chance to vote on lands; and multiple use. The bill curtails most the Jeffords amendment, which I think (2) individual members of a grazing asso- public participation in grazing man- most of them would like to do. ciation shall be considered as individual per- agement decisions and activities, and mittees or lessees in determining the appro- Mr. DOMENICI. You may prevail on severely weakens the requirements for priate grazing fee. that, which means we will have a vote. compliance with the National Environ- Mr. BUMPERS. I would not want to Mr. DOMENICI. May we make the mental Policy Act. preclude the possibility of making a ta- unanimous-consent request now? Mr. BUMPERS. Yes. bling motion prior to the Jeffords The bill also contains troubling water rights language which, according Mr. DOMENICI. Madam President, amendment prior to that time. let me just say that if we can get this, I would like to add that to the unani- to the Department of the Interior, may our leader has authorized me to say mous consent agreement. bar transfer of water uses from Federal there will be no more votes tonight. Madam President, to ensure the to private land and language which But we have to get this first. RECORD is clear, I would like to make would prevent ranchers from taking land out of production for conservation I ask unanimous-consent that the this statement as a part of the unani- following—let me do this. mous consent agreement; that is, that uses. In other words, they have to keep it in grazing. I stated the unanimous-consent pre- at any time prior to the expiration of viously. I ask that that unanimous- the hour and 15 minutes, or imme- Worst of all, the bill violates the spirit under which Federal lands are consent which I stated, and which I diately thereafter—Madam President, I send to the desk in writing to reaffirm, suggest the absence of a quorum. supposed to be managed—for multiple uses which benefit all of the people and be granted at this time. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there not just a few, organized groups. Our clerk will call the roll. objection? The legislative clerk proceeded to public lands belong to all Americans, Mr. BUMPERS. Reserving the right call the roll. whether they hike, bird watch, or graze to object, there will be an hour and 15 Mr. BRADLEY. Madam President, I livestock. Whether they live in Wyo- minutes following the close of the sec- ask unanimous consent that the order ming or New Jersey. They should never ond vote tomorrow. for the quorum call be rescinded. become the exclusive province of any Mr. DOMENICI. We set 75 minutes. The PRESIDING OFFICER. Without one use. Mr. BUMPERS. OK. Fine. I accept objection, it is so ordered. Madam President, I urge my col- that. Mr. BRADLEY. Madam President, leagues to vote for this Bumpers The PRESIDING OFFICER. Is there today the Senate will have the oppor- amendment, a fiscally conservative objection? tunity to return a bit of market dis- amendment, and later for the Demo- Without objection, it is so ordered. cipline to the Federal grazing program. cratic substitute that will be offered by Mr. DOMENICI. Now we can say in At a time when the Congress is cutting Senator BINGAMAN which makes needed behalf of the majority leader that there assistance to the poor, to education, changes in the underlying bill. will be no more votes tonight.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2417 Mr. CHAFEE addressed the Chair. and agree that these people have taken that formula has declined. In 1980, the The PRESIDING OFFICER. The Sen- advantage of a generous Congress who fee was $2.36 and in 1996, the fee is $1.35. ator from Rhode Island. passed this law and gave these permits Our amendment would use the same Mr. CHAFEE. I just wanted to know. to people thinking they were helping formula and simply raise the min- There will be no more votes. But will poor ranchers make a living. And now imum. the discussion continue on this par- we find 60 percent of this land and My amendment requires 91 percent of ticular amendment tonight, or is it AUM’s are controlled by the richest the deserving ranchers to pay very lit- going to be continued also tomorrow? people of America. Even under our pro- tle more than they are paying right Mr. BUMPERS. No. The amendment posal, to require these rich people to now. In 1999, our rate would go to $2 will be the subject of an hour and 15 pay the weighted average of what the and under Senator DOMENICI’s amend- minutes of debate tomorrow. State charges, will still be in most in- ment the fee would be $1.85—15 cents Does that answer the Senator’s ques- stances around 100 percent less than difference. Who is going to quibble tion? what the private sector charges for about that? However, under our amend- Mr. CHAFEE. Yes. In other words, grazing. ment these people, the wealthiest peo- you are winding up the debate pretty Madam President, why are we defend- ple in America, would have to pay soon here. ing a system that promotes the use of more. Thank you. the public lands for the wealthiest Madam President, two quick points, Mr. BUMPERS. We will debate to- when it was intended for the poorest? and I will conclude and let others night as long as anybody wants to say Because it is an old law and we just speak who wish to. Karl Hess, a senior anything on this, and then we will shut simply have not been able to turn it fellow at the Cato Institute, which is the Senate down as soon as we run out loose and make it work the way it was not exactly a citadel of liberalism, no of debate. supposed to. bleeding heart liberals over at Cato, AMENDMENT NO. 3557 WITHDRAWN When I came here in 1975, I found out simply believes that the Government Mr. BUMPERS. Madam President, I that the Federal Government was leas- ought to get fair value for its assets. ask unanimous consent that the Jef- ing Federal lands for oil and gas leas- Here is a statement by Mr. Hess: fords amendment be withdrawn. ing by lottery, like a bingo game. If Domenici’s bill is bad for ranchers, bad for The PRESIDING OFFICER. Without you won the lottery, you got the land public lands, bad for the American taxpayer. objection, it is so ordered. It will not improve management of public for $1 an acre. When I began to raise lands and it will not be a fix for the hard eco- AMENDMENT NO. 3556, AS MODIFIED questions about it, they said, ‘‘We are nomic times now faced by ranchers. What it Mr. BUMPERS. Madam President, I trying to make sure those little mom will do, however, is deepen the fiscal crisis of do not want to belabor these rich folks and pop operations get some of this the public land grazing program by plunging too long. The last one that I want to Federal land.’’ it into an ever-deepening deficit. If western point out to for the edification of my We started checking the little mom ranchers insist on supporting this bill and colleagues is the gentleman by the and pop operations, and guess what was the additional costs associated with it, they name of J. R. Simplot from the great happening? They were retirees in Flor- should be prepared to pay the price. Tagging the majority of Federal grazing fees to state State of Idaho. He is 86 years old and ida. They were elderly people who were grazing rates is one essential step in that di- has obviously been a great entre- snapping up these lottery chances be- rection. preneur. I do not know a thing in the cause they were advertised all over I yield the floor. world about him. I assume he is a very America by a bunch of snake oil sales- Mr. KYL. Mr. President, I rise today fine man. In 1991, Forbes magazine men. And if they did happen to win the in support of S. 1459, the Public Range- identified him as one of the wealthiest lottery, what do you think they did lands Management Act of 1995. Range- individuals in the United States. Fur- with it? They took it to Exxon, and if land reform is important both for the thermore, he is on the cover of Fortune Exxon thought it had potential, they health of our public lands and the magazine in November 1995. Here is the paid them a fortune for it. ranching industry in the Western magazine, if anybody would care to That is what we did for mom and pop States. I commend my colleague from look at it. operators. We made people, who did not New Mexico, Senator DOMENICI, for his His sales that year were $3 billion. know what a drilling rig looked like, work in bringing this bill to the Senate And Mr. Simplot, to his credit and to wealthy because we refused to change floor. his ingenuity, controls 50,000 AUM’s in that old law. I just made my mining Let me make clear up front, S. 1459 is Idaho, Oregon, and Nevada. speech yesterday so I am not going to not an attempt to weaken existing en- Finally, a Japanese named Kaiku make that again, but how many times vironmental laws applicable to grazing. controls 6,000 AUM’s on 40,000 acres of have I heard that old story about those All major environmental laws continue Federal land in Montana. poor little old mom and pop mining to apply as written. This bill provides What does our amendment do? I will companies out there? for better rangeland management by not belabor the point because it is very It turns out, as I began to examine it, establishing standards and guidelines simple. We make a distinction between that we are helping the biggest cor- at the State or regional level, so that that group of people that I showed you porations in the world—not the United rangeland policy can take regional dif- a moment ago. Look at this chart, col- States, in the world. Now, here is deja ferences into account. Nothing is more leagues. We make a distinction in what vu. If someone argues that the State’s important to me than the preservation people in this category pay, and what rates are too high, I will answer that of these multiple-use lands for present people in this category pay. they have people standing in line want- and future generations. I would not, Ninety-one percent of the permittees ing these permits. And when then they and could not support anything to the under our amendment will pay just a say, ‘‘But that mean old BLM hassles contrary. little bit more than they would pay us. They make us sort of take care of There continues to be debate about under the Domenici proposal, and in the land.’’ But you know something what is an appropriate fee for grazing some years less than the Domenici pro- else that the BLM and the Forest Serv- on public land. It is important that the posal. Ninety-one percent of them will ice do? They take 50 percent of the rent Government realize a fair return for pay just a few cents more than Senator and put it back into the land. How the use of Federal lands. This legisla- DOMENICI’s bill requires. many landlords do you know that take tion prescribes a new formula for cal- This other 9 percent, which control 60 50 percent of the rent they receive and culating grazing fees. Under this for- percent of all the AUM’s, will pay ei- put it back into improvements of your mula, fees would rise approximately 30 ther the same amount as the small apartment or your house? Fifty per- percent over the present level. ranchers, plus 25 percent, or a weighted cent goes back to improve the very For those who make their living from average of the State fees charged in the land where these cattlemen are run- the land, and who put food on the table State in which the permit is located, ning their cattle. for all of us, we want to offer some cer- whichever is higher. Madam President, the Public Range- tainty for the future. We must protect That is as fair as a proposition could lands Management Act was passed in rancher’s private property rights, pro- be. You can accept this amendment 1978. As I stated earlier, the fee under vide stability on grazing allotments,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2418 CONGRESSIONAL RECORD — SENATE March 20, 1996 and offer sufficient incentives for tured under an entirely different sce- equitable returns to the Federal Gov- sound long-term resource management nario than Federal fees. State lands are ernment. practices. administered for completely different I would like to abbreviate my com- Critics have suggested that S. 1459 purposes and goals compared to Fed- ments because I know my colleagues provides for grazing and livestock ac- eral lands. To compare the fee dollars want to get out of here at a decent tivities as the dominant use on the al- and cents on a chart is simply not fair. hour this evening. I was over in the of- lotments. That is simply not true. The With their amendments, my col- fice listening to the Senator from Ar- bill explicitly provides that the public leagues are attempting to utilize the kansas and the Senator from Vermont, lands will continue to be accessible to State fee structure to create a more and I have to tell you I think they are all multiple-use activities. fair return to the Government and tax- just simply missing the target. I would It has also been suggested that this payer. However, as I have stated be- ask my colleagues to oppose both their legislation will curtail public partici- fore, this logic is flawed. amendments. pation in the decisionmaking process. If we follow this rationale utilized in As I understand the Jeffords amend- The public’s opportunity to participate this amendment, by implementing the ment in the second degree, is attempt- in the NEPA and FLPMA processes is State rate fees, we might as well ing to put corporate interests in the not affected by this legislation. It does, streamline the process and manage the same category as the family rancher, however, address the problem of who public lands according to State man- who has spent years and years of hard can appeal allotment management de- agement systems. Heck, if we charge a work to make his ranch grow. I think cisions by limiting appeals to persons grazing fee according to State rates, that is a mistake. It seems to me that who have affected interests. This will manage the Federal lands like State we are confusing the issue of large and enable Federal land managers to re- lands, we might as well turn the whole small ranchers and real ranchers with view appeals more expeditiously and operation and ownership over to the corporate operations. will shorten the delays in achieving a States. I suspect there are many Mem- I know in our State of Colorado we final implementation plan. This proc- bers in this body that would not agree give special 100-year awards to ranch- ess will allow permittees and lessees to with this type of logic. ers and farmers. If the family has carry out their business without the Furthermore, the grazing fee struc- stayed with the land for 100 years, we heavy financial losses usually associ- ture in the Bumpers amendment is fun- give them an award at our State fair ated with lengthy delays. damentally unfair to ranchers. This every year to try to encourage them to Most importantly, this legislation proposal does not fully consider the in- stay on the land. Many of those ranch- provides for periodic monitoring of vestment that ranchers already have ers have sacrificed a great deal and rangeland resource conditions. The made in building their lots and stock their families have sacrificed too in Secretaries of Agriculture and the In- ponds. In addition, the profit margins order to make the ranch grow. terior have the ability to amend allot- for many ranchers is small, and thou- Some have done well over the years ment plans where resource conditions sands of ranchers have already fallen and invested in other things, but their dictate. I believe that the bill therefore into bankruptcy. Raising the fees as primary income still comes from the reflects a wide variety of environ- this amendment proposes to do will ranch. This reality is a little different mental and user concerns; and I urge drive even more ranchers into eco- than the reality I have heard described its favorable consideration. nomic insolvency. by the two Senators and their amend- Mr. CAMPBELL addressed the Chair. Mr. President, the fee structure pro- The PRESIDING OFFICER. The Sen- posed by S. 1459 would establish a fair ments. I understand that the amend- ator from Colorado. system. It is a very simple and ments that are being offered now are Mr. CAMPBELL. I thank the Chair. straightforward method for calculating an attempt to try to get the corporate Mr. President, I would like to take the grazing fee that would apply to people out of ranching, and both Sen- this opportunity to clarify the issue western BLM and Forest Service lands. ator BUMPERS and Senator JEFFORDS grazing fees on public lands. As I men- Quite simply, you would take the 3- mentioned Anheuser-Busch and Hew- tioned before in my opening statement, year average of the total gross value of lett-Packard and a number of others, I believe there is a grave misperception production of beef cattle for the 3 years Simplot and Texaco, and so on. about ranchers who utilize public preceding the grazing fee year—based I think most of us recognize that lands. For those of you unfamiliar with on data supplied by the Economic Re- there are corporations in America that ranchers or the ranching business, let search Service of the USDA—and mul- have bought ranches or bought permits me tell you that it is not a lucrative tiply that number by the 10-year roll- to use as some kind of a tax shelter. I business. I believe it is this ing average of 6-month Treasury bills. understand that. Most of us understand misperception that drives the efforts to That number would be divided by 12, that. That is not who we are trying to try to hike up the grazing fees to unac- the number of months in a year. The protect. I know the Senator from Wyo- ceptable heights. Opponents of the new dividend would be the grazing fee, ex- ming [Mr. THOMAS] and I have a lot of fee structure proposed in S. 1459, argue pressed in dollars per animal unit friends who fall into the first category that ranchers don’t pay fair market month. S. 1459 would increase the fee that I was trying to describe. Those value. Well, I would like my colleagues by an average of about 50 cents per people who have worked the land, to explain to the rest of us, how one AUM. stuck to the land and sacrificed to keep can determine what fair market value Anyone who truly understands the the land are the ones we are concerned is. grazing fees, will understand that there about. We are not in any way trying to For example, when doing a fair mar- is only one agency that really attempts protect the big corporations from using ket value appraisal, appraisers com- to compile data about private leased ranching legislation as a tax writeoff. pare the value of similarly situated lands—it is the USDA’s Economic Re- It would seem to me what they pieces of property—they compare ap- search Service—and that is why they should introduce perhaps is an amend- ples with apples. When opponents of are the source of the critical data used ment to prevent nonranchers from buy- the proposed grazing fee compare the in this fee formula. ing permits, or to specify the criteria prices charged to lease private or State Mr. President, I am deeply concerned for permittees. It seems to me that is lands with the grazing fees ranchers about this misperception of grazing who they are trying to identify are pay for BLM or Forest Service lands, fees that has become a symbol rep- those people who are abusing or mis- however they are comparing apples resenting unfair subsidies and environ- using, if I can use their words, the sys- with oranges. They simply are not the mental degradation. Fee increases are tem of ranching and the system of same thing. imminent, and most people here under- using permits. My friends from Arkansas and stand that. However, these increases Now, I wanted to also respond to the Vermont, are attempting to draw com- must be carefully structured with ap- Senator from Arkansas question of parisons between apples—State lands, propriate data. S. 1459 achieves this, by quote, ‘‘Where does the money go?’’ I and oranges—Federal lands, to legiti- establishing a grazing fee formula that will tell you where the little money mize their logic. States fees are struc- protects the rancher while allowing for ranchers gain in profit goes. It goes

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2419 onto Main Street. It goes into hard- had an interest in Texaco or something Currently, under the rangeland reform ware stores, and it goes into the gro- else. Dan’s contributions to his local regulations and the Bingaman sub- cery stores, and it goes into the used community should be commended, not stitute amendment, the permittees on car lot and everyplace else—the banks, condemned. public lands who have put money into too, if there is some left over. Maybe it I would now like to address the issue improvements are not allowed to have even goes for recreation or vacations. of fair market value. This issue comes any ownership over the investments For the most part, however, usually up in this debate time after time. they make. The ranchers simply have the little that is left over goes back There is a great misperception about to put in that money themselves— into the ranch to improve the ranch. I the fees for public lands, as if, some- there are no Federal grants to assist don’t think people understand that how, ranchers in the West are ripping them—and they get very little in re- ranching is the economic backbone for off the taxpayer because they do not turn in the end. Under the Domenici many rural communities in the West. pay the same amount for their AUM as bill, there are real incentives for per- When one rancher goes down, the whole a rancher in some other State that has mittees to improve their allotments. community is affected. People up in to rent private land. I have private Unless you provide real incentives for the administration like to talk about land. My wife’s family used to have the rancher, the condition of the range the interconnectedness of ecosystems. permits. I can tell you there is a big will continue to be substandard. This is Well, the rural ranching communities difference between private land and not the fault or responsibility of the are a great example of an inter- permits on public lands. The public rancher. It is the responsibility of the connected community. One element land permits do not have the same Federal Government. It just makes goes down, and the whole system sorts of benefits you could get on pri- sense—people have to feel empowered, crashes. vate land. Developments, improve- they have to feel like they have a stake It seems to me, knowing what I do, ments, anything you would not have to in what they work on, in order for as a western Senator, about ranching, pay or provide on private lands, you them to be proactive in improving the when you kill the ranching industry— have to pay for out of your own pocket conditions. you also kill Main Street. I believe a on public lands. You get a lot more for In any event, I did want to come disproportionate increase in a fee could your money with private rentals than down just for a moment and voice my do just that, and there are many stud- you do with the permits. I think it is opposition to both the Jeffords amend- ies that have indicated that a fee in- simply a bad comparison. ment and the Bumpers amendment. I crease would indeed have devastating I would like to illustrate the ludi- think they are both just shots in the repercussions for the rancher and the crous nature of this comparison with a dark, and by trying to go after the big community. This is obviously a serious couple of examples. I live out West corporations they will create casual- issue to many small towns in the West, where, if you want to go get your own ties amongst the hard-working family in probably eight or nine States at the Christmas tree at Christmas, you can ranchers of the West. very least. A blind and politically driv- do it on public lands. You can get a $5 With that, I yield the floor. en fee increase would result in putting permit from the Forest Service and go The PRESIDING OFFICER. The Sen- ator from Wyoming. real hard-working people on the wel- cut a tree. Virtually any tree of any Mr. THOMAS. Madam President, just fare lines, and destroying property tax size that you can carry out of there, is for a moment, I, too, cannot resist the only $5. Yet, if you go downtown to any bases in our region. I do not think that opportunity to make some comment on city in America and you buy a tree on is what our goal ought to be. what we have heard over the last few The Senator from Arkansas also the lot, it will probably cost you $5 a minutes. I guess it is because I have mentioned one person in particular foot. So how do you go about com- heard it a half a dozen times since I which he used to convince folks, in his paring the two? If you use the same ra- came here to the Congress in 1989. catch-all kind of shotgun attack, that tionale in the amendment offered by Every year this same thing goes on, we large ranchers are the same as cor- the Senator from Arkansas, we should go through this same business. porate ranchers. That man was a man start charging folks $5 a foot for the Basically, the first decision you have by the name of Dan Russell. I happen trees on Forest Service land. I have a to make is the question of, as the pre- to personally know Dan Russell, al- hunch though, that if you told every- vious speaker said, ‘‘highly subsidized though I do not know him well. I met body who wanted to go out in the for- grazing.’’ Let me quote for you a study him years ago, clear back in the 1960’s. est and cut his or her own Christmas that was made by Pepperdine Univer- I disagree strongly with the Senator tree, many of whom have built tradi- sity. It was a comparative analysis of from Arkansas’ characterization of his tions off of this practice year after economic and financial conditions. It operation as some type of heartless, year, that we were going to charge happened to be in Montana, between profit-driven corporate industry. them $5 a foot for any tree they pack ranchers who have Federal lands and Dan Russell’s family has ranched for out of the forest, they would probably those who do not. These are just a few almost 100 years on both sides of the get pretty darned angry about it. Is it of the findings. Sierra Nevada Mountains in California fair? How about this example: In Den- and Nevada, too. He probably made 98 Montana ranchers who rely upon access to ver, CO, if you go to the zoo to see ea- Federal lands and grazing do not have a com- percent of his money or more from gles, hawks, coyotes, snakes, alli- petitive advantage over other ranchers in ranching, although he has probably in- gators, elk, and deer or whatever kind the State. Livestock operators with direct vested in other things, too. Yes, he did of animal, you pay $6. If you drive access to Federal forage do not enjoy signifi- make money, but I do not think that is about 30 minutes from the zoo to the cant economic or financial advantages over against the law and it should not be foothills of the Rocky Mountains, you ranchers who do not utilize Federal forage. against the law. could easily see a lot of these animals, It goes on and on. This is not my Dan Russell may have made money, and you wouldn’t be charged a cent. study; it is an academic study from but one factor that the Senator from Under the Senator from Arkansas’ Pepperdine University. Arkansas failed to mention is that Dan logic with fair market value, maybe we The point of the matter is, there is a is known as one of the most commu- ought to charge anybody who wants to great deal of difference between what nity-minded people in the foothills of see a deer, who goes out in the forest, you buy in State lands and what you the Sierra Nevada Mountains. Dan’s $6 to go out and look at deer. There buy in private lands and what you get profit has been a profit for his commu- would be a national uprising if we even in public lands. The Senator was talk- nity. If you go to Folsom, CA, a small suggested something like that. ing about comparing it to Arkansas. town northeast of Sacramento, you This business about fair market What do they get, 35, 40 inches of mois- find the Dan Russell Arena, which Dan value is simply a classic case of apples ture a year? In Wyoming, we get 6 or 8. donated. A lot of events are held there and oranges. It does not fit and it is There is a substantial difference there. for the community. He is known as a not fair. Out in the Red Desert, where much of civic leader and community-minded Finally, I would like to address an- this land is, it takes 100 acres for one citizen who has made his money other example that demonstrates the animal unit year. That is what it through real ranching, not because he difficulties in ranching on public lands. takes. It is different.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2420 CONGRESSIONAL RECORD — SENATE March 20, 1996 State lands you can fence. State process, they are not appreciating what on investment for the taxpayers who lands you can—they are better quality the consumer of America has in the have money invested in public land and lands. Generally they are small, iso- way of production of food in America. give the farmers of America a bad lated tracts that are enclosed. It is not I think too often the 98 percent of the time. We probably have to take it be- comparable. people in this country who are not pro- cause we are such a small segment of The Senator was talking about $1.35. ducing food—remember, that is 2 per- the population, but I would like to see, Our bill does not talk about $1.35, it cent of the people in this country pro- once in a while, an appreciation from talks about $1.85. It talks about going ducing the food that the other 98 per- the people in the Congress of the up from where we were. It has a for- cent eat, or another way to put it, one United States, not only this body but mula based on the price and the value farmer in America will produce enough the other body as well, for the 2 per- of cattle. It does not treat different food not only for Americans but for cent of the people who provide a good people differently. people outside of America to feed an- product and a cheap product for the The Senator keeps mentioning the other 124 people—the 98 percent do not consumers of America. Rock Springs Grazing Association, really appreciate the fact that food Madam President, I ask unanimous that it is a great corporation. It is not grows on farms, it does not grow in su- consent to speak as in morning busi- a great corporation. It is a combina- permarkets. ness for 7 minutes. tion of relatively small ranches. They are so used to going to the su- I keep hearing about it every year, The PRESIDING OFFICER. Without permarket, getting anything they want objection, it is so ordered. the same thing. I just do not under- anytime they want it and just pay for stand it. It is interesting, of course, it. Every time you pay for it, you think f that all those who talk about this you are paying for a very expensive come from nonpublic-land States. I item. But, in fact, food in the United guess that might have something to do THE VOID IN MORAL States, not only being of the highest LEADERSHIP—PART II with it. quality, is also a cheaper product in In any event, I oppose these propo- America than any other country in the Mr. GRASSLEY. Madam President, sitions. I think the formula has noth- world. yesterday, I spoke about the void in ing to do with the price of cattle. It has The consumers of America spend moral leadership in the White House. nothing to do with the idea of what it about 9 or 10 percent of their disposable I felt obliged, as Teddy Roosevelt is you are buying. Anyone who thinks income on food. Look at any other said, to speak the truth about the there is a comparative value between country, and the percentage is in the President. private leasing and public lands just high teens and low twenties, and in Let me quote him once more. has not taken a look at it. They just some of the countries of Eastern Eu- Some of my colleagues may not have have not taken a look at it. rope, it could be 40 percent of income heard me yesterday. Madam President, I am sure we will spent just on food. He said it is absolutely necessary talk about this some more tomorrow, I know none of you is going to buy that we have full liberty to tell the and should. But I want to tell you that the argument when I say we are talk- truth about the President and his acts. this whole idea of trying to establish ing about subsidies for farmers. Just two classes of users is not even sup- Any other attitude in an American citizen think of the subsidy that the con- is both base and servile. ported by the Secretary of the Interior sumers of America get from the effi- over time. It has never been used be- To announce that there must be no criti- cient production of food in America cism of the President . . . is not only unpa- fore. The idea that the whole thing is that consumers in other places in the triotic and servile, but is morally treason- subsidized simply is not the case. It is world do not get from production of able to the American public . . . a matter of utilizing the resources on a food by their farmers. It is even more important to tell the truth, multiple-use basis. I do not expect anybody to buy the pleasant or unpleasant, about him than Tell me how many private land leases argument that the farmers of America about anyone else. are also shared with hunters and fish- are subsidizing the food bill of con- I quoted yesterday from another ermen and leased to oil? They are not sumers of America by 40 percent, but great President, also named Roosevelt. that way. That is not the way it is. So, that is a fact, because we produce so ef- Franklin D. Roosevelt. He said, it is interesting to me that we continue ficiently, we produce such a high-qual- The Presidency is not merely an adminis- to have this same discussion every ity product that it is just a little irk- trative office . . . time this comes up. Fortunately, that some for those of us who are involved It is more than an engineering job . . . position does not generally prevail. in agriculture to sit around here and It is pre-eminently a place of moral leader- Madam President, we will pursue it listen to this lack of appreciation of ship. some more tomorrow. For tonight, I what the farmers do for the consumers yield the floor. That is why it is important to reflect Mr. GRASSLEY addressed the Chair. of America, what 2 percent of the peo- on this issue. The PRESIDING OFFICER. The Sen- ple do for the other 98 percent, what we I speak about the moral leadership ator from Iowa. not only do in the way of production of issue because I believe it is critical. Mr. GRASSLEY. Just for a minute I food and fiber, but what we do to cre- Because it is lacking. want to speak on the bill before us, and ate jobs in America, because whatever I make a distinction between leader- then I want to ask permission to speak starts out at the natural resources of ship and moral leadership. as in morning business for about 7 or 8 America, whether it be on the row-crop Leadership means the capacity for minutes. farms of the Midwest or the grazing exercising responsible authority. Before I speak in morning business, lands of the West, the start of that There are many in this body who are most of the time I only speak on agri- product there, when you trace that outstanding leaders. cultural issues as they relate to the product from the farm through the This is reflected in the many impor- Midwest—the cattle, the pork, the proconsumer of America, you are talking tant laws we write for the Nation. duction of corn, production of soy- about a food and fiber chain that is 20 Moral leadership is different. beans, and some wheat. But I think a percent of the gross national product of Moral leadership means we do not lot of things that could be said on that America. issue can be said on this bill as well. That is jobs for a lot of people other just pass laws for the rest of the Na- Part of the problem that the Sen- than the 2 percent of the people who tion, and exempt ourselves. ators from the West are having comes are farmers. Quite frankly, a lot of in- It means we pass laws and we apply from a lot of constituents who are le- come returned on labor is much greater them to ourselves, as well. gitimately expressing concern about than the return that the farmer gets We set the example. the environment, legitimately express- for labor. We say one thing, and we do it, too. ing concern about the good manage- So you can go ahead in this debate That is what I mean by moral leader- ment and a good economic return for over the next day or two and have all ship. the Federal Government on land that the fun you want to about doing what This Congress, for example, in one of the taxpayers own, who do all this le- you think is right for the environment its very first deeds, passed the Congres- gitimately. But they forget, in the or what you think is right for a return sional Accountability Act.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2421 In doing so, for the very first time we poring over our documents. After all, Whitewater, and had virtually nothing to do applied the laws to ourselves that we we’re the President.’’ with it themselves. passed for the rest of the country. Madam President, I will put the en- HILLARY CLINTON. We gave whatever tire interview of Mr. Stewart by Mr. money we were requested to give by Jim That is moral leadership, Madam McDougal. I mean, he was the one who would President. Koppel into the RECORD. say, ‘‘Here’s what you owe on interest, here’s That is setting an example. That way, the RECORD will reflect the what your contributions should be.’’ We did It says, ‘‘Watch what we do, not just full context of Mr. Stewart’s words, so whatever he asked us. We saw no records, we what we say.’’ that I am not accused of misleading saw no documents. It is not often that Congress is able the American people. TED KOPPEL. The Clintons insist that they to exhibit moral leadership. But Mr. Stewart’s observations, as have fully cooperated with the investigation We do things more by consensus and well as those of Mr. Krauthammer, of Whitewater, but that they have been dog- compromise. heighten the public’s awareness of a ged by one unproved allegation after another. The reality of Congress is, we usually moral leadership void in the White President BILL CLINTON. That’s really the do things ugly. House. story of this for the last four years. An alle- Foreigners always have the best ob- So I ask unanimous consent to have gation comes up and we answer it, and the servations about our form of govern- printed in the RECORD the interview of people say, ‘‘Well, here’s another allegation. ment. de Tocqueville, of course, is the Mr. Stewart by Mr. Koppel. Answer this.’’ And then, ‘‘Here’s another almost famous example. There being no objection, the inter- legation. Answer this.’’ That is the way we But a Russian visitor, Boris view was ordered to be printed in the are—we’re living here in Washington today. TED KOPPEL. And only a couple of weeks Marshalov, once observed, ‘‘Congress is RECORD, as follows: ago, after the FDIC released a report pre- so strange. A man gets up to speak and [From ‘‘Nightline’’ Mar. 11, 1996] pared by Jay Stevens, a former Republican says nothing. Nobody listens—and then TED KOPPEL [voice-over]. The Whitewater U.S. attorney not known to be friendly to- everybody disagrees. controversy, accusations made and denied. ward the Clintons, there was this. Madam President, that’s precisely JAMES STEWART [Author, ‘‘Blood Sport’’]. MARK FABIANI [Associate White House why leadership from the White House Mrs. Clinton, essentially, took singlehand- Counsel]. This report blows out of the water is so important. edly the control of this investment. the allegations that have been made about The individuality of the President is HILLARY CLINTON. We saw no records, we the First Lady and the Rose Law Firm, and saw no documents. it undermines the contention of those who required to provide the moral leader- TED KOPPEL [voice-over]. New questions would extend these Whitewater hearings end- ship for the Nation that Congress, as a about the Clintons’ credibility. lessly on into the future. body, cannot. JAMES STEWART. I think the death of Vin- TED KOPPEL. That may be as good a place The country desperately needs it. cent Foster is the pivotal event in this story. as any to introduce Jim Stewart, the author That is what Franklin Roosevelt was HILLARY CLINTON. There were no docu- of ‘‘Blood Sport,’’ in his first television talking about. ments taken out of Vince Foster’s office on interview on the book, and let me have you Yesterday, I talked about why the the night he died. respond right away, because the White House President BILL CLINTON. An allegation White House has covered up all its non- is obviously very proud of the fact that Jay comes up, and we answer it, and then people Stevens, Republican, no friend of the Clin- legal activities, on both Whitewater say, ‘‘Well, here’s another allegation. Answer tons, supervised a report by the FDIC which, and Travelgate. this.’’ in effect, according to the White House, It is because the activity of those in JAMES STEWART. The President practically found the Clintons blameless in the—in the the White House conflicts with their screamed over the phone. He said, ‘‘I can’t Whitewater affair. Is that an overstatement? projected image. take this anymore. I’m here in Europe and JAMES STEWART [Author, ‘‘Blood Sport’’]. In the words of syndicated columnist they’re asking me about Whitewater.’’ Well, I think the White House reaction is Charles Krauthammer, it is ‘‘political TED KOPPEL [voice-over]. Now, the picture misplaced optimism. The report is good may become a little clearer. Tonight, new duplicity * * * The offense is hypocrisy news, as far as it goes, but it doesn’t go very details about Whitewater, Vince Foster and far. It explicitly says that it’s not the defini- of a high order. Having posed as our damage control. tive report on many of the questions that moral betters, they had to cover up. At ANNOUNCER. This is ABC News Nightline. have arisen here, and there is still an inde- stake is their image.’’ Reporting from Washington, Ted Koppel. pendent counsel investigating all of these Yesterday, I referred to and quoted TED KOPPEL. This program may be the first and even more allegations. As long as the from the new book by James B. Stew- you’ve heard about ‘‘Blood Sport,’’ a new independent counsel investigation continues, art, ‘‘Blood Sport.’’ book which becomes available later this a real threat hovers over this President. The book reveals much about the week, but it will not be the last. To begin TED KOPPEL. Why or how do you explain with, you need to know how and why the Clintons to which Mr. Krauthammer the fact that Jay Stevens, who, as I say, has book came about. The idea appears to have no particular love for the Clintons, why alluded. Mr. Stewart raises several originated with Hillary Clinton. In any would he end an investigation if, as you say, questions about the Clintons. event, it was her close friend, Susan it’s incomplete? One is about their willingness to Thomases, herself a lawyer, who approached JAMES STEWART. He was retained to inves- abide by the same standards that ev- the author, Jim Stewart, and suggested that tigate the narrow question of whether the eryone else has to meet. A second is those closest to the First Family and, in- government should sue the Clintons or oth- about whether they abide by financial deed, the President and the First Lady them- ers to regain losses from Madison Guaranty, requirements in obtaining mortgage selves, would be willing to cooperate with an and he concluded there was no evidence to objective, outside-the-Beltway writer on a warrant a suit against the Clintons or the loans. A third is whether they should detailed, no-holds-barred Whitewater book. Rose Law Firm to do that, and I think that’s have accepted favors from people who Stewart, a lawyer and former page one edi- the right conclusion. I do not conclude that were regulated by the State of Arkan- tor of the Wall Street Journal, had impec- Madison Guaranty losses flowed to the Clin- sas. cable credentials. He had shared in a 1988 tons. Last week, Mr. Stewart was inter- Pulitzer Prize for his reporting on insider TED KOPPEL. What then, do you conclude, viewed by Ted Koppel on ‘‘Nightline.’’ trading. In 1991, he published the book ‘‘Den that—I mean, try and give it to me in a In that interview, Mr. Stewart calls of Thieves,’’ about financial fraud in the broad sense. What is it that you would say if this a story about: ‘‘the Arrogance of 1980’s. Stewart took up the offer and even you were obliged, in 15 or 30 seconds, to sum- had one lengthy meeting with Mrs. Clinton marize what is troublesome about White- Power, what people think they can do/ at the White House, but the promised co- water and what will still come back to haunt and get away with/as an elected offi- operation never materialized, although a the Clintons? cial, then how candid and honest they number of people close to the Clintons did JAMES STEWART. Well, I think the White- are when questioned about it.’’ ultimately talk. Stewart went ahead and water investment and the story of that is He offers an illustration. It is a quote wrote the book anyway. Jim Stewart is a important because it shows many things from the First Lady. She was advised meticulous writer, which is another way of about the Clintons. It shows their willing- by White House staff to disclose every- saying that there are few blaring headlines, ness to hold themselves to the standards thing rather than stonewall. Let the but dozens of troubling revelations. that everyone else has to meet. It shows To understand what Jim Stewart has done, their willingness to abide by financial re- Sun shine in, they said. But the First you need to refresh your memory on what quirements in obtaining mortgage loans. But Lady rejected that advice. She said, ac- the Clintons have variously claimed and in- I think, most of all, it shows their willing- cording to Mr. Stewart, ‘‘Well, you sisted. The Clintons have insisted, for exam- ness, while in Arkansas, to accept the favors know, I’m not going to have people ple, that they were only passive investors in of people who were regulated by the state.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2422 CONGRESSIONAL RECORD — SENATE March 20, 1996 Their attitude to this, which bordered on the story out. They came to me, or they sent gests to me that somehow, between their the negligent in the beginning, clearly indi- someone to me, allegedly because they want- first being removed from the Rose firm to cated a mindset which said, ‘‘Somebody else ed to get the whole story out, and they had their being discovered, they were in Vince will take care of us because of our power as been advised at the time—and I told them Foster’s office. highly elected officials in the state of Arkan- the same thing—that to stop these inquiries, TED KOPPEL. Talk to me for a moment sas.’’ get in front of the story. Tell us what hap- about—about Travelgate, but first of all, TED KOPPEL. In a sense, Jim, that’s a nega- pened, and don’t leave holes in the story. Be let’s take a look at something the First tive way of saying the same thing we heard complete. Err on the side of completeness, Lady said, I believe in her interview with Mrs. Clinton say at the beginning of this and if people are bored, they can ignore it. Barbara Walters, about the whole Travelgate broadcast. In other words, let somebody else But that has never been the strategy they affair. take care of this. She put, in a more positive have employed. HILLARY CLINTON [‘‘20/20’’]. I think that ev- sense, i.e., ‘‘We had nothing to do with this. TED KOPPEL. Let’s take a short break, Jim. eryone who knew about it was quite con- If Jim McDougal came and said, ‘You owe so- When—we come back, we will talk about cerned, and wanted it to be taken care of, and-so-much in interest,’ we paid it, but we what Vince Foster knew about Whitewater but I did not make the decisions, I did not di- never saw documents, we never had an active and a number of other subjects. rect anyone to make the decisions, but I role in this Whitewater affair.’’ To which [Commercial break.] have absolutely no doubt that I did express you would say what? TED KOPPEL. And back once again with concern, because I was concerned about any JAMES STEWART. Well, that simply isn’t Jim Stewart. kind of financial mismanagement. true. I think it may have been true in the You begin with the suicide of Vince Foster, TED KOPPEL. Mrs. Clinton presents herself very beginning of the investment, when and clearly believe that his suicide is pivotal in that interview as exercising a sort of pas- there were still high hopes that this would to understanding everything that’s happened sive role. ‘‘Yes, I may have expressed some make money and the McDougals could han- to the Clintons in—in subsequent months concern about but I certainly didn’t initiate dle everything, but by 1986, when the and years. Have you reached any conclusion it.’’ There is a memorandum by David Wat- McDougal empire was crumbling, it was not as to why he committed suicide? kins, I believe. Tell the story of that memorandum, because it, of course, suggests some- true. At that point, Mrs. Clinton essentially JAMES STEWART. Well, first of all, there thing totally different, but the White House took, singlehandedly, the control of this in- was the things [sic] he enumerated in—in the itself ultimately produced that memo- vestment. She was the one who negotiated note that he wrote, and I think foremost randum and made it available. Why is that the loan renewals with the bank that held among those was probably his concern about significant? the mortgage. She was the one who handled the handling of the firing of employees in the JAMES STEWART. Well, the facts, as I dis- all the correspondence. She was the one who travel office, but what I think I can contribute that’s new is that there were things covered, on the travel office affair, are as fol- went over all the numbers. She had posses- lows. I learned, before the production of this sion of all the records. bothering him that were so serious he didn’t dare write them in his note, he didn’t confide memo, that in fact, whatever her own per- TED KOPPEL. It is your contention that she sonal belief about this is, Mrs. Clinton was vastly inflated the value of the Clintons’ in- them to his wife. He was worried about his marriage. He was very much enmeshed in the first person to suggest to David Watkins terest in Whitewater. that these people be replaced. AMES TEWART what we now know as Whitewater, and he J S . That’s correct. TED KOPPEL. David Watkins being? knew of things that hadn’t come to light TED KOPPEL. Correct? JAMES STEWART. He was the head of man- JAMES STEWART. As I’m sure anybody who that could prove embarrassing. He was con- agement in the White House and was the per- has ever applied for a mortgage knows, you cerned about the deterioration of his rela- son in charge of personnel in the White have to disclose your assets in such a finan- tionship with the First Lady, and I think House, including the travel office. cial disclosure statement, and there are there’s a good chance he knew of the prob- TED KOPPEL. Right. warnings on these forms to be honest about lems that Webster Hubbell was about to face, JAMES STEWART. She was the first one to this, to be accurate, to be careful, not to use given his handling of clients in the Rose say to him, ‘‘We need our people in this of- uncertain judgments, because to inflate that firm. fice.’’ Did she literally say ‘‘Fire them’’? No. can be a federal crime. And yet Mrs. Clinton TED KOPPEL. When you talk about Web But the implication seemed very clear to valued Whitewater at $100,000 on a 1987 finan- Hubbell, I should point out, first of all, Vince him and to everyone else who spoke with cial disclosure document, right after the Foster, Hillary Clinton, Web Hubbell had all her, and that’s what set in motion the chain bank itself had visited the property and con- been partners at the—at the Rose Law Firm of events that led to their being fired. cluded the most generous estimate for their together. Web Hubbell then came with the TED KOPPEL. But the—the memorandum half-interest would be $52,000. Clintons to Washington, was briefly the as- that David Watkins wrote to his own file TED KOPPEL. So when you’re talking about sistant attorney general of the United about all of this, and about falling on his a $100,000 evaluation, you’re not talking States, and you write that in the months be- sword for the First Lady, is a memorandum about the value of the whole property, but fore Vince Foster committed suicide, that he that the White House itself, after all, made the Clinton’s half-interest? went over to Web Hubbell’s house and went available. Now, that certainly puts them in a JAMES STEWART. They valued their half-in- down in the basement to look at what? good light, doesn’t it? terest at $100,000. JAMES STEWARD. Well, there were files in JAMES STEWART. Well, I don’t think so. TED KOPPEL. I ask you this question ad- Web Hubbell’s basement that had been re- First of all, that memorandum had been visedly, reminding our viewers that you have moved from the Rose Law Firm during the under subpoena for a considerable period of some experience as a lawyer. Is that a crime? campaign by Web Hubbell and Vince Foster. time. The independent counsel, the prede- JAMES STEWART. It is a crime to submit a Web and Vince, during the campaign, went cessor to Kenneth Starr, had subpoenaed false financial document. In fact, their part- through the Rose Firm and removed any- that particular document. Meanwhile, I ners, the McDougals, are on trial in Little thing that they thought might be controver- think the White House was aware that all Rock this week for having submitted false fi- sial or create problems for the campaign, and this information was soon going to be made nancial documents to financial institutions. this including many of the billing records republic. I have no idea how they found it, But to prove a case like that, a prosecutor lating to Hillary Clinton’s work for Madison when they did, or why they decided to—to would have to prove that it was knowingly a Guaranty and other matters. And one day make it public when they did, but I do know false submission. We haven’t heard an expla- Vince Foster went over and he and Web Hub- that the week before that, I and my fact nation from either Mrs. Clinton or the Presi- bell got into the basement, they went to the checker were checking the details about the dent about that document, and that ulti- boxes, and they went through those mate- First Lady’s involvement in the travel office mately would be a question for a prosecutor rials looking for these particular files, which affair with the White House press office, with and a jury to decide. they did get and turn over to the First Lady. people in the White House, and had even TED KOPPEL. I bring you back, Jim, to But also in those files were all of this other faxed them material that dealt with this what we heard the President say just a few material, including a lot of the Whitewater very subject, and almost immediately after moments ago, again, at the top of this broad- material, bank records from Whitewater, and that the memo itself appeared. cast, sort of this—this cry of ‘‘What in heav- the billing records, as I mentioned before. TED KOPPEL. What you’re suggesting, Jim, en’s name are we supposed to do? Somebody TED KOPPEL. Is it—is it your impression is that because you indicated that something makes an allegation, we respond to the alle- that Vince Foster then took those billing about this was going to be in your book that gation. Somebody makes a new allegation, records to the White House, to his office? they then decided to—to make it public be- we respond to that allegation.’’ This sounds JAMES STEWART. It’s certainly a possi- fore it became public in your book? like another one of those allegations. How do bility. I don’t know for sure, and nobody’s JAMES STEWART. Well, as I said, I don’t you respond to—to what the President is said they recalled him taking documents out know why they did it. All I can say is, I had saying? of the basement. But those documents in the all this information in the book, we were JAMES STEWART. Well, I don’t think these basement were later all turned over to the fact-checking this information with the allegations would be coming out, or the rev- Williams and Connolly firm after they White House, so the White House knew this elations, in this kind of slow, drip-by-drip learned that Web Hubbell had all these docu- information was going to be in the book and process, if the White House and the Clintons ments, and they supposedly turned all those shortly after that the memo appeared. But had been forthright from the beginning, documents over to Congress. So these I’m sure the White House will say that no, when this first surfaced in the campaign. Get records did not surface there. So that sug- that had nothing to do with it.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2423 TED KOPPEL. Let’s take another short JAMES STEWART. Well, my interest is not Federal lands would be simply cut off. break. An inside peek at the White House partisan, and my interest is not narrowly Instead, this bill reaffirms that use of damage control operation when we come was a law broken. I think to sum up the these public lands for nongrazing pur- back. whole book is a study in the acquisition and poses, shall continue in accordance [Commercial break.] wielding of power, and in the end, it’s a TED KOPPEL. There was, Jim Stewart, con- study of the arrogance of power, what people with State and Federal law, already in siderable debate going on within the White think they can do and get away with as an effect. House, you discovered, about how much to elected official, and then how candid and I am very pleased to support this bill. reveal, when to reveal it, how cooperative to honest they are when questioned about it. I So many have worked so hard. I com- be, and at one point there is a—a line that I think that is what it reveals, I think, most mend the occupant of the chair, Sen- suspect is going to be a rather devastating significantly about the Clintons. ator DOMENICI, and so many people who line that the First Lady uttered in reference TED KOPPEL. And—and to those who say, have worked so hard. My colleague to all of this. has all of this investigation, the congres- from Wyoming, Senator CRAIG THOMAS, JAMES STEWART. Well, you’re—you’re sional investigations, the independent pros- right. The—there was internal advice, espe- ecutors, the time that you have spent in put- has done a yeoman’s task, and does it cially from David Gergen, to turn everything ting this book together, you know, was the— well. over, and this was seriously considered until was it all worth all the money and the time I support Americans who make their the First Lady interrupted at one point and and the effort and the pain? living off the land. I support a healthy said, ‘‘Well, you know, I’m not going to have JAMES STEWART. I think, in the end, we’ll environment. Who does not? I get tired people poring over our documents. After all, find that it was, that the truth is important we’re the President,’’ suggesting that, by of that argument. Good Lord, I have in our society, that justice is important in virtue of grandeur and power of the office, lifted more lumber on the environ- our society. I don’t think you can put a price that they somehow should not have to en- mental laws when I was a State legis- tag on those things. Yes, it’s terribly expen- dure such an experience. lator than half the people who bark sive, and at times it seems very wasteful, TED KOPPEL. The key questions, I think, and howl at the moon in this place. I ultimately may become not so much what and at times it’s nasty and it’s partisan. It often is a blood sport, as Vince Foster said. support public access to our public happened during Whitewater, but what hap- lands. I support the principle of mul- pened in more recent months, in terms of ei- But why is that? It’s ’cause the truth was ther covering things up or not being as forth- never honored in the first place, and I hope tiple use, an unknown description to coming with information. There is one story if there’s any lesson that comes out of that, several people in this body. It is indeed that—that you uncover having to do with that people in the future will recognize that. impossible to believe that we cannot the Paula Jones story, this is the young lady TED KOPPEL. Jim Stewart, thank you. pursue all of these objectives simulta- who charged sexual harassment against I’ll be back in a moment. neously, which this bill does. [Commercial break.] then-Governor Clinton, and the—and the Ar- What I do not support is this one- TED KOPPEL. The controversy over ‘‘Blood kansas state troopers who were then guard- size-fits-all solution for local problems. ing Mr. Clinton. What is that all about? Sport’’, this book, will be the subject of a JAMES STEWART. Well, I think it’s well- segment on ‘‘Good Morning America’’ tomor- These are issues which very much re- known at this point that the troopers sur- row. quire a rich participation in the form faced with some accounts of their experi- That’s our report for tonight. I’m Ted of the expertise and concerns of the ences while in the security detail of the gov- Koppel in Washington. For all of us here at local people, those who are closest to ernor. What I think hasn’t gotten much at- ABC News, good night. the problems and those who, I might tention is that before these reports were pub- Mr. SIMPSON addressed the Chair. say, care the most and are affected the lished, and before the troopers actually made The PRESIDING OFFICER (Mr. BEN- most. It makes little sense for the belt- the final decision to reveal what they claim NETT). The Senator from Wyoming. to know, there was pressure applied to them way environmentalists to have veto to try to get them not to speak out, and I f power over the common sense and experience of those who have lived and think the most significant example of this PUBLIC RANGELANDS came when the President of the United worked and grubbed that land from MANAGEMENT ACT States himself called one of these troopers nothing for generations. and offered him a federal job. That trooper The Senate continued with the con- Mr. President, this bill is moderate subsequently decided not to participate. He sideration of the bill. and balanced and inclusive and fair, was not one of the troopers who subse- Mr. SIMPSON. Mr. President, today and yet it is being described by certain quently did tell stories to anyone, so if the we debate a bill of tremendous impor- goal of that job offer was to get this trooper special interests as a sinister, venal, to remain silent, it worked. tance to my State and to many Ameri- even Republican conspiracy—we have TED KOPPEL. Is there not one trooper who, cans who draw their livelihood from had some good bipartisan support on in fact, ended up with a federal job? the land. I am speaking specifically this issue through the months—to turn JAMES STEWART. The head of the gov- about ranchers, that often maligned back the clock on environmental pro- ernor’s security detail did end up with a fed- group of individuals who have played tection. That shows up, I guess, in eral job, but the trooper who heard directly such an enduring role of the develop- from the president and decided not to par- focus groups. That is not what this is. ticipate did not accept it. He said he didn’t— ment and prosperity of our Western This charge is preposterous and made didn’t want one of these jobs, he wanted to States over the years—and individuals by people who do not want to stop with stay in Little Rock. they are. simply regulating the proper role of TED KOPPEL. Now, again, let me draw on It is difficult to conceive of a greater livestock on the public lands. It is some of your experience as a lawyer. If, in- distortion than the continuing ugly made by people who would abandon all deed, that could be—that could be proved portrayal of those in my State being true, the charge that you—that you make in concept and principle of multiple use your book, that would be a federal crime, described as big-time cattle barons, altogether. would it not? Cadillac cowboys, few in number and Let there be no mistake here—the JAMES STEWART. Well, that, again, could be great in wealth and rapacity and greed. groups opposing this bill hold as their a federal crime. I think the—the issue here is The reality is far, far different. There ultimate goal the outright abolition of was a job offered explicitly in exchange for are more than 25,000 ranchers whose livestock from public lands. Let us be something else? livestock grazes on these western lands very clear. I believe that is very evi- TED KOPPEL. Let me ask you—and I realize all over our Western States. this—this may be the most difficult question dent in slogans such as ‘‘cattle free in I ask you of all—after having written a book In Western and Midwestern States, ’93,’’ which was gleefully chanted into that is 400 pages-plus, how do you—how do more than 50 percent of all beef cattle the vapors with such fierce conviction, you reduce it to a conclusion as to culpa- graze these lands at one time or an- less than one Presidential term ago, as bility, lack of culpability, whether this is a other during the year. If cattle were the type of genuine extremism which story that has just been blown way out of driven from these lands—and this ad- has played too great a role in this de- proportion, whether it is simply being kept ministration seems to advocate that; bate. alive for partisan reasons now and is—is that has been the pressure from them— From a purely scientific perspective, doomed to do so for the rest of this year be- large numbers of ranchers would surely there is not a scintilla of evidence dem- cause there is a presidential election and because, you know, for the Clintons, the unfor- go out of business. That is the stark re- onstrating that responsible grazing has tunate timing that your book is coming out ality. It is also a very cynical and de- been detrimental to the rangelands— right now—how do you summarize every- ceptive canard that alleges that if this not one—rather, an ever-growing body thing you’ve learned? bill were to pass, public access to these of scientific data suggesting it has been

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2424 CONGRESSIONAL RECORD — SENATE March 20, 1996 a critical component—critical compo- there ranching ever since that picture habitat abounding. Here is the same nent—of good range health. It is also was taken. photo. Here is water. Here are trees, irrefutable that the range is in far bet- If you look at the bottom photo just cottonwoods, native grasses, hayfields, ter condition today than it was 40 taken a few years ago, the exact same irrigation. So do not tell me about years ago. That is not my opinion. location, you will see the fruits of their ranchers being poor stewards of the That is according to the Forest Service stewardship. Do not tell me about envi- land. and the Bureau of Land Management. ronmental devastation wrought by self- I always like to ask environmental- The condition of the public lands is ish and greedy ranchers. We see trees, ists what it is they find so appealing the best it has been in this century. cottonwoods. We see extraordinary about my beautiful State of Wyoming Yes, we have more cattle grazing on vegetation, hay lands. That is it, right where I am a fifth generation. My these lands, but we also have more elk, there. This was the way that God had grandfather came to this rugged coun- deer, antelope, and even coyotes. We it. God has had some helpers. try in 1862 through Ft. Laramie. He take good care of them, too. How can These two photos then were taken on was with the Conner expedition, and he this be so? The good stewardship of our the Laramie River about 5 miles north ended up going up that trail to Ft. Phil ranchers, that is how. of Wheatland on August 10, 1870. The Kearny and was there during what was Mr. President, I want to just briefly top photo was taken in 1870 and the called the Fetterman massacre. He was show some photographs. They are rath- bottom was taken over 100 years later. a sutler. That is a chap who sells to- er remarkable. The first, I think, if you You will notice that the riparian habi- bacco, boots, and booze to the soldiers. can discern—these are unique in their tat has been so lush that you cannot He was good at that. Fincelius G. Bur- own historical context because the top even see the river. Here it is in the nett. He was there when this great his- ones on each of these panels were original form, and here it is 20 years torical battle took place. Then he lived taken in 1870 by the renowned William ago. Here is the riparian habitat, and in what was called Fremont County, Henry Jackson during his photographic this is all grazing country. As I say, and he became the boss farmer of Chief survey of the Wyoming Territory. He you cannot even tell where the river is Washakie. One of the great Shoshonie was working for the USGGST, the U.S. because of the lushness of the growth. leaders of all time had my great grand- Geological and Geographical Survey of Again, do not tell me our ranchers do father as his boss farmer. That is what the Territories at the time. This same not understand good ecomanagement. he called him. He even gave him land expedition eventually reached the Yel- The next pair of photos were taken on the reservation. He said, ‘‘I will not lowstone area. When he got to Yellow- about 40 miles south of Douglas, pretty take it because it will cause you a lot stone, he took some extraordinary rugged country, the same respective of pain in the years to come,’’ and my photos that were so influential in gain- time as the previous pair of photos, Au- grandfather deeded it back. It was a ing national park status for Yellow- gust 12, 1870. Now, this is a real one— good thing to do because the lands that stone National Park in that spectac- notice the pine and the growth, and are there now that did go into private ular region. here is one taken almost 100 years hands have caused some pain. He, along with Thomas Moran, the later. Look at the trees, look at the I ask these environmentalists about artist, upon returning with the mate- pine. All of this is grazing land. Look Wyoming and what they find so appeal- rial and presenting it to the Congress at the grass. This is just rock. Here is ing about our great State. The answers in 1872, formed Yellowstone Park as a grassland, and here is all of this being I always get reference such things as pleasuring ground for the enjoyment of grazed for decades. Do not tell me, rugged, natural beauty, the wildlife, the American people. You would never again, about ranchers devastating the the clean streams, the clean air, and know that, as people forget the organic land. great fishing. I say, well, how in Heav- act. That is what it was set up for. Another pair of pictures, the fourth, en’s name do you think it has managed When these photographs were taken, showing this widespread phenomenon, to stay that way all these years? Some- all of the pictured lands were Federal. same timeframe, 1870, August 20, body must have been taking care of it. They were all owned by the Federal northwest of Douglas, WY. The scene I tell them that we have been engaged Government. shows a treeless and barren landscape. in land use activities for over 100 years. But here we are, and over 100 years There it is and there is the camp. Peo- How do you think Wyoming has man- later, then Prof. Kendall Johnson, of ple were camping there, probably the aged to remain the natural jewel that the Range Science Department at Utah first white people to go through—not it is? It is because those of us that live State University, attempted to exactly the first humans. This entire area is there refuse to let it become ripped and re-create the location and the exact near the old Bozeman Trail, Ft. Lar- ruined and torn to bits. It is because point from which Jackson set up his amie, up past Ft. Phil Kearny, into those citizens who depend upon these extraordinarily cumbersome equip- Montana. Of course, it was just 5 years lands for their livelihoods have taken ment. And with the great plates and after this, on June 25, 1876, that Custer such good care of them over time. That the weight of them and hauling them had his rather unfortunate occasion at is how. through the West—which was a feat in Little Bighorn. At the bottom we see, When you are a Republican from Wy- itself—he re-created Mr. Jackson’s again, 100 years later, the grasses are oming, you get accused of some very photos as a means of studying the con- lush and thick, trees are abundant by interesting things on the issue of the dition of rangelands in Wyoming. I am prairie standards—cottonwoods, water, environment. But I was in the State indebted to him for the use of these grasslands, all of it grazed. legislature for 13 years. In the State photographs that were published in his It was not a Ph.D. in ecomanagement legislature we put on the books the book called ‘‘Rangeland Through that resulted in this recovery. Rather, toughest mine land reclamation law in Time.’’ it was the common sense of ranchers the United States, in the largest coal- Some of the lands pictured in the who depend for their survival upon the producing State in the United States, lower panels are Federal and some are health of these lands. When your fam- Wyoming; the toughest Clean Air Act, private, but all of them are livestock ily depends on your stewardship, you which was six times more stringent grazed. Every single photo in the lower pay awful close attention, very, very than the Federal Clean Air Act; a area is being livestock grazed, all of close attention. Clean Water Act; a Plant Sighting Act them. Finally, two photos taken on the which said, if you are going to come So the top photograph here shows North Platte River. This was the area and set up a great type of structure land about 50 miles north of Rawlins, of several great Indian struggles in the here, an infrastructure, you will see to WY. history of my State, southwest of Cas- it that you address the accompanying This photo was taken in 1870, August per, WY. A young man named Caspar social and domestic problems. We made 28, about the same time that the Sun Collins was killed in an Indian skir- them cough up the front end money. family started ranching there. It looks mish there. In 1870, these lands were That is what I did when I was in the as if the original ranchers took some totally overgrazed and treeless; August legislature. pretty tough-looking country to decide 25, 1870. By 1986, they had recovered to I do tire of the paternalistic approach to work on, but they have been right become well grassed, with riparian of people who come up to me and ask

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2425 about saving the State that we already a subdivision in the midst of this mag- public land management policies. I be- saved. We get a little tired of them nificent kind of country, just so you lieve the public lands in my State and hanging around. In this kind of debate, can do a silly thing—eat. And then in- in the lower 48 States contain abun- they all use the same fax machine, and stead of cows for those same greenies dant natural resources—timber, coal, all the organizations that chop you to to worry about—as they slosh the oil and gas, minerals, and other renew- shreds all having interlocking boards chardonnay on their shoes—they can able assets—that can be used to sustain of directorate. They really are some- worry about people messing up the the economic engine of this great coun- thing. They all live pretty well, a lot of area—a few hoof prints beside the try of ours. Our public lands are also a them on inherited wealth. If they do go creek will then start to look pretty valuable recreational resource—they to work, they find out what the rest of good compared to septic tanks and are used for hunting, fishing, camping, us find out: Work is healing, thera- leach fields. That is exactly where this river running, bird watching, back- peutic and keeps your mind off cows one is going. So get involved in the packing, skiing, off-road vehicle use, messing around on the riparian bank great emotion of it, and watch these and other recreational uses. The fact and streams. It clears the air. I want wily, canny people, who do not like to is, our public lands are taking a great that to happen. I get tired of that pa- starve to death, pedal off their land deal of pressure off our national parks ternalistic business. and remove even the Sun family— for Americans who want to enjoy an Mr. President, it is no accident that Kathleen, Bernard, Dennis and the outdoor experience. our public grazing lands, each parcel of rest—perhaps, after 5 generations—re- And just as Alaskans are willing to allow their resources to be used pru- which is the responsibility of the les- move themselves from ranching and dently to better the future for Alaska’s see, are in such good shape today. We decide to sell it and spend the winters children and grandchildren, I believe have other areas of our planet which in Arizona and the summers on that American are wiling to use America’s are not in good shape, where people magnificent part of the ranch they resources for the benefit of future gen- have ripped, ruined and torn it up, kept for themselves. If anybody cannot whether in the oceans, the mountains, erations. I do not believe a majority of understand this is what will happen, Americans support locking up our pub- or the plains. And this bill puts the the drinks are on me. powerful tool of self interest to work in lic lands for preservation purposes. As Thank you. chairman of the Committee on Energy favor of the environment instead of Mr. MURKOWSKI addressed the and Natural Resources, I am obligated against it. It recognizes the basic law Chair. to speak out for responsible use of our that its opponents seem not to under- The PRESIDING OFFICER. The Sen- public lands and natural resources in a stand—that the worst thing in the ator from Alaska. way that I believe makes the most pro- world for the environment is not min- Mr. MURKOWSKI. Mr. President, I ductive use of those lands and re- ing, logging, ranching, or multiple use; commend my friend from Wyoming for the worst thing in the world for the en- sources for all Americans. telling how it really is. I thought his One of the reasons I support S. 1459 is vironment is poverty. graphic pictures portrayed an awful lot Look at every past civilization of the because of my concern about the Clin- of America that, unfortunately, few ton administration’s general attitude Earth; before disappearing into the va- Americans see. The Senator’s reference regarding public land use and, more pors of history when they have finally to those that would like to see some- specifically, about Secretary Babbitt’s used up every resource, cut the last thing different done to that part of the regulations and polices regarding ac- tree, shot the last deer, caught the last American west, while explicit in its tivities on the public lands to conduct fish, overpopulated the entire system, reference to the comfort around the timber harvesting, livestock grazing, their last contribution is a devastated fire and the chardonnay, I think reflect mining, and oil and gas exploration and environment. That is what happens. an unrealistic reference, if you will, to development. There is an alarming Travel anywhere in the world to any the responsibility that we have in this trend toward driving traditional public impoverished developing country and body to recognize the significance of land users—timber harvesters, ranch- you will see the truth of that. You may grazing, as we know it today. ers, oil and gas drillers, and miners— even come to understand that one of As chairman of the committee of ju- off the public lands. the most important human rights is risdiction, Energy and Natural Re- At least in the case of the oil and gas the right to a job. I know that sounds sources, I rise to support the sub- and mining industries, good, high-pay- evil. But that is a great human right— stitute, S. 1459, which has been offered ing, long-lasting jobs and hundreds of the right to work, the right to make a by Senator DOMENICI, the Public millions of dollars in investment cap- living. Rangelands Management Act. ital are being forced overseas because So I can tell you what will happen. While the livestock grazing issue is of a hostile attitude toward resource Here is one for the greenies to mull as not significant in my State, there is development on public lands. Also lost they are sitting there having a little reindeer grazing on Bureau of Land with those jobs and investment capital chardonnay by the campfire with their Management lands under regulations are untold millions of dollars in poten- pals singing songs, of course, in the specific to Alaska and some cattle tial tax revenues and mineral receipts evening. Here is one for the greenies to grazing on Fish and Wildlife Service to the Federal Government and the mull: What do you think is going to lands on Kodiak Island. In the lower 48 States. Thousands of good, high-paying happen when these old cowboys lose States, however, livestock grazing is a jobs in the timber industry have been their grazing permit, lose the ability to part of western society. It is part of the lost, and are not likely to be recovered use that land which they have been history, and the heritage, of the Amer- again. That is happening in the south- using for 60, 70 years? I will tell you. ican West. And it’s a part of the social eastern portion of my own State. Do not miss this scenario. You lose the fabric of the West and a cornerstone of For the livestock industry, however, permit, you gather the kids around— the western economy. the story is different. Ranchers have some of them are downtown, or maybe Because I understand the importance been using the public lands for genera- they are working at the courthouse, or of livestock grazing to the rural west- tions to make a living for themselves wherever they are—and make the deci- ern economy, to the ranching commu- and their families. We are not talking sion to sell the place. Then start talk- nity and to the family structure, I about high-technology, high-paying ing to your pals on the county commis- want to lend my support to this impor- jobs. We are talking in some cases sion, those county commissioners that tant legislation and encourage my col- about folks who are just able to eke you helped elect, and they will direct leagues on both sides of the aisle to out a living and pay their bills. The job you to the zoning and planning com- support S. 1459. is tough, the hours are long, and the mission; go to the zoning and planning Mr. President, as chairman of the pay is poor, but because many of them commission, and they will say, Yes, we Committee on Energy and Natural Re- are fourth or fifth generation ranchers, have a subdivision regulation there, sources, and as one of the three elected they want to keep up the tradition, run you bet; go to the old local civil engi- representatives of the State of Alaska their cattle or sheep, and live the sim- neer and draw up the plans for the sub- in Washington, I have a strong interest ple lifestyle out in the open space of division; and then sell the property for in our Nation’s natural resource and the West.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2426 CONGRESSIONAL RECORD — SENATE March 20, 1996 The ranches are not being forces ducted profitably given the current sory Councils, the Grazing Advisory overseas like the oil and gas and min- regulatory climate. That is why we Councils, and the NEPA process. ing industries. They are simply being need to act now to bring the stability What the bill does not do, Mr. Presi- run out of business altogether—driven ranchers and their lenders need. dent—much to the disappointment of off the public lands like the cattle or As for the substance of this legisla- Secretary Babbitt and the other oppo- sheep they herd—by an administration tion, Mr. President, S. 1459 starts with nents of this legislation—is allow anti- and an Interior Secretary hostile to the premise that public lands should public lands or anti-grazing activists their way of living. They’re being run continue to be used for multiple use from Boston and elsewhere to micro- off the public range and ridiculed as purposes. The No. 1 finding on page 3 of manage and second-guess every single relics of the past. They’re criticized for the bill says, and I quote: ‘‘multiple decision regarding grazing and what receiving what some claim is a subsidy. use, as set forth in current law, has happens on each individual grazing al- Mr. President, we are not talking been and continues to be a guiding lotment for the price of a 32-cent about subsidizing and preserving the principle in the management of public stamp. Appropriate public participa- way of life for ‘‘cute little German lands and national forests.’’ Multiple tion in public lands management deci- farms in Bavaria’’ as one of my col- use is a guiding principle for public sions is healthy and constructive. We leagues recently observed, we’re talk- lands management now, and the bill do not have a problem with that, Mr. ing about members of western society says right up front that multiple use President. We welcome appropriate who are making a substantial contribu- will continue to be the guiding prin- public participation. tion to their local and State econo- ciple. It says so throughout the bill. So What we do have a problem with, mies, to the Federal Treasury, and to any claim, Mr. President, that this bill however, is elevating in statute the the feeding of tens of millions of people establishes grazing as the dominant legal status of an individual who lives who consume their products every day. use of the public lands is false. That is hundreds of miles away who wants to What Secretary Babbitt set in mo- one of the false claims we will hear dictate what happens on a grazing al- tion with his Rangeland Reform 1994 over and again about this bill, Mr. lotment out West, and whose form of regulations is symptomatic of a broad- President, but such a claim has no public participation consists of mailing er attitude toward public lands use and basis in fact. a protest postcard to the land manage- natural resource development from his The multiple use foundation of this ment agency. We do not need more law- Department. Secretary Babbitt’s atti- bill is further exemplified by the ex- suits spawned by armchair quarter- tude seems to be ‘‘lock up the public plicit declaration that nothing pre- backs who have never seen a grazing lands, keep them preserved for cludes use of and access to Federal land allotment. Nor do we need to have posterity’s sake, and do not worry for hunting, fishing, recreation, or every single decision of the public about all the lost jobs and economic other appropriate multiple use activi- lands manager second-guessed by self- benefits—we can get all those people ties in accordance with Federal and proclaimed experts. retrained so they can be productive State law. Mr. President, there are many other members of society again.’’ Environmental protection of public positive aspects of S. 1459 that deserve What is troubling about that kind of rangelands is ensured by S. 1459 in sev- mentioning. But my colleagues who attitude, Mr. President, is that it is eral ways. The bill states as its first have labored long and hard trying to elitist. It is elitist because it tells objective the promotion of ‘‘healthy, put together a grazing reform bill that Americans that their public lands sustained rangeland.’’ Another objec- can enjoy bipartisan support are anx- should be used only for the enjoyment tive is to ‘‘maintain and improve the ious to speak to the many positive fea- of the preservationists and no one else. condition of riparian areas which are tures of the bill. It says, ‘‘the heck with the ranchers, critical to wildlife habitat and water I want to tell my colleagues about the miners, the oil and gas drillers, the quality.’’ S. 1459 also calls for: the es- the process we have been through this timber cutters and the others who tablishment of State or regional stand- year on grazing reform, Mr. President, want to use the public lands to make a ards and guidelines for addressing because I believe it is important that better life for themselves, their fami- rangeland condition; consideration of they know about the intense interest lies, or their country.’’ It also says, the environmental effects of grazing in in this issue, and even more intense interest in passing legislation that will ‘‘the heck with the people who want to accordance with NEPA, the National provide stability, certainty, and pre- recreate, and hunt and fish on the pub- Environmental Policy Act; approval of dictability for the foreseeable future. lic lands.’’ cooperative agreements and coordi- In the case of livestock grazing, that nated resource management practices This is such a contentious issue that approach takes away the lifestyle so for conservation purposes or resource we do not need to be revisiting grazing many people have freely chosen, de- enhancement; and penalties for failure every session of Congress. Earlier last year, May 25, another spite the hard work and low pay. It to comply with permit terms and con- grazing bill, S. 852, was introduced by takes away a portion of the western ditions or environmental laws and reg- Senators DOMENICI, CRAIG, BROWN, culture. it takes away a pillar of the ulations. All of these provisions add up CAMPBELL, HATCH, BENNETT, BURNS, West’s economy. It takes away reve- to a serious effort to protect the condi- SIMPSON, THOMAS, KYL, PRESSLER, nues to the Federal Treasury and to tion of the rangeland and to improve KEMPTHORNE, CONRAD, DORGAN, DOLE, the States whose education systems its condition where such improvement and GRAMM. Senators BAUCUS, NICKLES, and public services rely so heavily on is needed. and INHOFE subsequently joined as co- A lot criticism has been directed at the public lands. sponsors. There is one aspect of the grazing de- the public participation aspects of this A companion bill to that measure, bate that I appreciate more than some legislation, Mr. President, and I want H.R. 1713, was introduced in the House. of the others because of my experience to explain what S. 1459 does in that re- The House Subcommittee on National as a former banker. And that is how gard. The bill makes absolutely clear Parks, Forests, and Public Lands of the difficult it is now for ranchers to se- that affected interests will be notified House Resources Committee held a cure lending to support their oper- of proposed decisions, and does nothing hearing in July. ations or to make improvements. More whatsoever to prevent those interests A hearing on the Senate bill was held and more banks are asking tougher and from having dialogue with Federal land in June by Senator CRAIG’s Sub- tougher questions before they loan managers concerning management de- committee on Forests and Public Land money to ranchers because of the cisions on grazing allotments. That is Management, and the Committee on seeming instability of the livestock in- the case now and that has always been Energy and Natural Resources reported dustry—instability that is brought the case. The bill also makes clear that the bill on July 19, 1995. about by the regulatory malaise caused those citizens whose interests are ad- S. 852 was placed on Senate Calendar by Secretary Babbitt’s rangeland re- versely affected can appeal decisions of but went nowhere as a result of appar- form regulations. More and more banks the land managers. Further, the bill ent lack of sufficient support. are denying loans because they believe gives the interested public the oppor- Following the August recess, a bipar- livestock operations cannot be con- tunity to participate in Resource Advi- tisan effort was mounted to craft a bill

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2427 that would address the deficiencies of tion—even though we have bent over cause they are the ones ultimately ac- S. 852 was initiated by several Members backwards to accommodate the inter- countable for their stewardship to on our side, Senators DOMENICI, THOM- ests of our western Democrat col- their constituents. AS, KYL, CRAIG, and BURNS, and in- leagues—are making their decision not I have a strong interest in our Na- cluded several of our Democrat col- on the merits of the bill but rather on tion’s natural resources, public lands, leagues, Senators REID, BRYAN, the basis of a desire to make nonuse of and management policies. I believe the CONRAD, BAUCUS, BINGAMAN, and DOR- the public lands the dominant use. public lands in my State and in the GAN. We’re at a crossroad not only with other lower 48, as we refer to them, After several weeks of staff discus- this grazing bill, but also with the ad- contain tremendous natural re- sions and Member involvement, a re- ministration’s public lands and natural sources—our timber, coal, oil, gas, vised bill was drafted that addressed resources policies. We can either minerals, and other renewable assets some 16 areas where there seemed to be choose between Secretary Babbitt’s that can be used to sustain the eco- general bipartisan agreement. Shortly Rangeland Reform 1994 regulations, nomic engine of what made this coun- thereafter, the Senate began consider- which will hasten the end of livestock try great. ation of the Balanced Budget Act of grazing on the public lands, or we can I firmly believe that through science 1995. Grazing provisions were not in- choose an approach that makes signifi- and technology, we can do it right, we cluded the in Senate version of the Bal- cant improvements in the way live- can do a better job than we have done. anced Budget Act, but the House stock grazing is managed while allow- I feel, in many cases, the old rules rel- version did contain a handful of provi- ing ranchers to continue to graze cat- ative to environmental oversight and sions, only one of which would have tle and sheep on the public range. The various other aspects of regulatory produced revenues—the grazing fee pro- same choice is true for other public mandates are really out of date. We vision. In the end, the House receded to lands use issues: We can either ship our have had new technology come along. the Senate approach and no provisions jobs, our capital, our mineral receipts, We are operating under the same rules, on grazing were included in the Bal- and our tax revenues overseas or we same regulations, and a very narrow anced Budget Act. can keep them here and allow respon- focus, Mr. President, and a very narrow On November 16, 1995, Senators sible use of our public lands for re- interpretation. As we look at resource DOMENICI, KYL, CRAIG, THOMAS, and source development activities and development, we are looking at world BAUCUS wrote me to request that the other multiple-use purposes. markets. Energy Committee consider the new The choice for me is clear, Mr. Presi- We have the experience and expertise draft proposal, which was reported as dent. On this one, I am going to side in the United States to do a better job, S. 1459 on November 30. with the ranchers over the elitists. I particularly with our renewable re- In December and January, Mr. Presi- urge my colleagues to do the same. sources, and grazing is a renewable re- dent, our side met with Democrat Mr. President, I support the Domen- source. We could do a better job in the Members and staff several times in an ici substitute for three specific reasons. renewability of our timber. But as we attempt to incorporate changes desired First, it is pro-environment. It is pro- look at what is happening, we are de- by the Democrat Members in order to family, and it is pro-economy. The sub- pending on imports, such as imported address concerns raised by their constitute contains, I think, significant beef and timber products, coming from stituents and support this measure. We provisions to protect the great land- countries that do not have the same went what we believed was the extra scape of the American West that will sensitivity and responsibility in devel- mile to address their concerns. lead to more money being spent to im- oping and maintaining the renew- At the end of January, Mr. President, prove those rangelands specifically. ability of the resources that we do. we had only five unresolved issues. We Furthermore, I think it keeps the So are we not being a little irrespon- made clear to our colleagues that we families together, the families of rural sible to shed that responsibility on could accommodate their concerns on America, the families out west, be- other countries and simply look to im- some of these issues. On a few others, cause it will allow them to continue portation? Well, I think we are. Just as we probably could not agree because of what they have been doing for five and we in Alaska are willing to allow our fundamental differences in approach. six generations—that is, producing resources to prudently contribute to However, we believed that the unre- livestock on the public lands for the the future of those in our State and the solved issues could be decided on the benefit of all Americans. grandchildren that are coming along, I floor through the amendment process, Further, the Domenici substitute is believe Americans are willing to use Mr. President, which would allow our pro-economy because it will generate America’s resources and resource de- colleagues to offer proposals to address more fees to the Federal Government velopment to benefit future genera- the remaining issues on which we and provide a stable regulatory climate tions. seemed divided. for livestock production on the public So I support Senate bill 1459 because That brings us to where we are now, lands, and preserve livestock produc- of my concern about the current ad- Mr. President. At a crossroad. We are tion as an economic pillar, which it has ministration’s general attitude regard- at a crossroad with this grazing bill be- been on the rural communities of the ing public land use. More specifically, cause we have gone about as far as we West. it would be the regulations and policies can without harming what we believe Now, Mr. President, you might won- of the Secretary of the Interior regard- are the legitimate concerns of the live- der why a Senator from Alaska is ing activities on public lands to con- stock industry. We believe we have speaking on grazing issues. Well, it is duct timber harvesting, livestock, ample environmental safeguards in the not significant in my Western State of grazing, mining, oil and gas explo- bill, Mr. President, and more than ade- Alaska, although we do graze a signifi- ration, and development as well. I quate opportunity for public participa- cant herd of ‘‘Santa Clause’s reindeer’’ think, Mr. President, as we look a lit- tion. on public land. But it is really part of tle further, we see an alarming trend If our Democrat colleagues whose in- the history and heritage of the Amer- toward driving traditional public land terests we have tried so hard to address ican West, a part of the social fabric of users—timber harvesters, ranchers, oil cannot support this bill now, Mr. Presi- the West, and it is really a cornerstone and gas drillers, and miners—off public dent, it is not for a lack of effort on of the western economy. lands. Where are they going? our part to accommodate their con- So I want to lend my support to this We are driving those jobs out of the cerns. It is not because of sincere effort issue and this legislation. I encourage United States, we are sending our dol- on our part to include them in the my colleagues on both sides of the aisle lars overseas, and we are importing process of drafting this legislation. And to support the Domenici substitute be- those products. As our President com- it is not because we did not seek their cause I understand and really appre- municates concern over the loss of input and ideas as to how we could ciate the importance of this issue to high-paying jobs and offsets that by make S. 1459 better legislation. the West. I want to assure you that more low-paying jobs, the realism is I would suggest Mr. President, that those who have risen to speak on be- that many of these blue-collar jobs are those who cannot support this legisla- half of this amendment do as well, be- high paying. But if we do not develop

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2428 CONGRESSIONAL RECORD — SENATE March 20, 1996 our resources, we are not going to have ment, or any other appropriate mul- bill would require coordination of live- them. tiple-use activity. The question is, stock administration between these The Interior Secretary’s approach why? I wonder if we are to conclude two agencies. It would require them to seems to be to drive these good, high- from our friends on the other side of issue regulations simultaneously to ad- paying, long-lasting jobs—hundreds of the aisle that they care only about dress grazing on public lands. millions of dollars of capital invest- these activities on national grasslands Livestock producers need some de- ment—overseas, all with no worry, so and not about such activities on the gree of certainty. They need regulatory to speak, because we will make up for BLM or Forest Service rangelands. I stability. We believe, Mr. President, those lost jobs somehow. Well, I think hope that some of my colleagues will that the Domenici substitute will pro- that is an attitude problem. As we look address that because I think it is a le- vide that certainty and that stability. at oil imports alone, now we are cur- gitimate criticism. I believe Senate bill 1459, as proposed rently importing over 54 percent of the Next, Mr. President, I want to em- to be amended by the Domenici sub- total crude oil that we consume. We phasize again how compatible the stitute, will allow family ranchers to are simply becoming more dependent Domenici bill will be with the environ- continue enjoying the lifestyle they on the Mideast. We are only perhaps a ment. The bill states as its first objec- have enjoyed for generations. It is hard terrorist act away from another oil cri- tive the promotion of healthy, sus- work. It is low pay and long hours. If sis. tained rangeland. Another objective is you ask any one of the small family So, Mr. President, as we come back to ‘‘maintain and improve conditions livestock operators, he or she will tell to the issue at hand, it is just not of repairing areas which are critical to you that they would not want to do about grazing; it is about utilization of wildlife habitat and water quality.’’ anything else or anything any dif- the public land in a responsible man- The Domenici substitute also calls ferently. Are we going to take that ner. for the establishment of State or re- away from them? I hope not. I think it is difficult for ranchers gional standards and guidelines for ad- We need to provide the proper regu- without this relief. As a former banker, dressing rangeland conditions; consid- latory climate to allow the family I think I can comment with some de- eration of the environmental effects of ranchers to continue to earn their liv- gree of accuracy on the circumstances. grazing in accordance with NEPA, the ing on public rangelands. We need to It is difficult for ranchers to secure National Environmental Policy Act; continue to allow the livestock indus- lending to support their operations and and approval of cooperative agree- try to make its vital contribution to to make improvements that are need- ments and coordinated resource man- the rural economy of the West. We need to provide incentives for the live- ed. And more and more banks are going agement practices for conservation stock operator to keep caring about to be tougher and tougher before they purposes. loan money to ranchers because of the Mr. President, all of these provisions the land that he or she lives on. Yes; seeming instability of this industry add up to a very, very serious effort to ranchers are environmentalists, too. and where it is going. That is brought protect the public rangelands and to They hunt, they fish, and they recreate. They enjoy the outdoors on the about by the regulatory malaise caused improve their conditions where such lands in their areas just like others. by the current administration’s range- improvements are needed. land reform regulations. I have been So, Mr. President, we are going to The only difference is they know better how to take care of the land and how told by some of my banker friends that hear a lot of criticism in this debate to preserve it. They have a vested in- they are denying loans because they about public participation in the graz- terest in continuing to care about believe livestock operations cannot be ing management process. But, in my those rangelands because their range- conducted properly given the economic view, there are far more opportunities lands are also their hunting grounds uncertainty in the industry. I think for public participation and a broader and their fishing streams. that is why we need to act now to bring role for the so-called affected interests Mr. President, the Domenici sub- stability that the ranchers need and in the Domenici substitute than in the stitute is good for the environment. It that certainly the lenders require. substitute which we will see from the is good for the family. It is good for the That is another reason I support the other side. rural western economy. And it is basi- Domenici amendment. As for the sub- Under the Domenici substitute, for cally good public policy. stance of the so-called substitute, the example, for the first time the public I urge my colleagues to support the bill starts with the premise that public will be given the opportunity to com- Domenici substitute, Senate bill 1459. lands should continue to be used for ment on reports by the Secretary of I ask unanimous consent to be added multiple use. the Interior and the Secretary of Agri- as a cosponsor of that legislation. The No. 1 one finding on page 3 of the culture summarizing range-monitoring The PRESIDING OFFICER. Without bill says: ‘‘Multiple use, as set forth in data. This is a positive improvement objection, it is so ordered. current law, has been and continues to and one that will not be provided in the Mr. MURKOWSKI. Mr. President, I be a guiding principle in the manage- substitute from our colleagues on the would suggest that those who cannot ment of public lands and national for- other side of the aisle. support this legislation for whatever ests.’’ Multiple use is a guiding prin- What the Domenici substitute does reason, even though we have, in my ciple for public lands management not do, Mr. President, is allow out-of- opinion, bent over backward to accom- now, and the bill says right up front State antipublic lands, antigrazing ac- modate the interests of our western that multiple use will continue to be tivists to simply micromanage and sec- colleagues on the other side of the the guiding principle. It says that ond-guess every single decision regard- aisle, are making their decisions, un- throughout the entire bill. ing grazing and what happens on each fortunately, not on the merits of the So any claim, Mr. President, that individual grazing allotment for the bill but rather on the basis of a desire this bill establishes grazing as a domi- price of a 32-cent stamp, which, as you to make nonuse of the public lands the nant use—that has been used time and and I know, is possible now. dominant use. Think about that, Mr. time again in this debate—of public Appropriate public participation in President. We are at a crossroads not lands is simply false, and it is inac- public land management decisions is only with this grazing bill but also curate. This is one of the many claims healthy. It is constructive. We do not with the administration’s public lands that we will probably hear over and have a problem with that. We welcome and natural resource policy. We can ei- over again in this debate. But such appropriate public participation. ther choose between Secretary claims simply have no basis in fact. Finally, Mr. President, it is our hope Babbitt’s rangeland reform, the 1994 Next, I want to say how astounded I that the Domenici substitute ends the regulations, which will hasten the end am that the Democratic substitute to bureaucratic nightmare that livestock of livestock grazing on public land, or be offered on the other side of the aisle producers have been living because of we can choose an approach that makes says absolutely nothing in title I about widely differing rules and regulations significant improvements in the way protecting use, of and access to, Fed- of not one, but two Federal agencies— livestock grazing is managed while al- eral land for the experience of hunting, the Bureau of Land Management and lowing ranchers to continue to graze fishing, recreation, watershed manage- the U.S. Forest Service. The Domenici cattle and sheep on public land.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2429 The same choice is true for other Delays Ryan Nomination.’’ The story REPEAL OF MANDATORY DIS- public land use issues. We can either states that Lieutenant General Ryan’s CHARGE OF ARMED FORCES ship our jobs, ship our capital, our min- promotion to a fourth star ‘‘is being MEMBERS WITH HIV eral receipts, and our tax revenues delayed in the Senate according to con- Mr. KENNEDY. Mr. President, I am overseas, or we can keep them here and gressional and military sources.’’ The especially gratified that the Senate allow responsible use of our public story adds that the ‘‘reasons for the voted yesterday for fairness and lands for resource development activi- delay were unclear as of March 15, but against bigotry by repealing the provi- ties and other multiple-use purposes sources said Ryan’s involvement in the sion in the recent Department of De- and to benefit, obviously, Americans Buster Glosson affair in 1994 may be fense Authorization Act requiring the who are looking for and need those tied to the delay.’’ With no foundation mandatory discharge of members of the jobs. whatsoever, the story then links me to Armed Forces who are HIV-positive. The choice is clear on this one. I am this action by stating: ‘‘The aftertaste Yesterday’s Senate action clearly going to side with the ranchers over of the Glosson struggle has remained demonstrates that this misguided pol- the elitists. I urge my colleagues to do bitter, especially for one of his ardent icy’s days on the statute books are the same. congressional supporters, Sen. SAM numbered. The Senate looked at the Mr. President, that concludes my NUNN, D-Ga.’’ facts and listened to the Nation’s mili- statement. That is absolutely inaccurate. tary and medical leaders, and not a sin- f In the first place, I strongly support gle Senator was willing to defend the the nomination of Lieutenant General mandatory discharge provision. MORNING BUSINESS Ryan for his fourth star and have not The reality is that military per- Mr. MURKOWSKI. Mr. President, I been involved in any hold. Lieutenant sonnel with HIV are serving their coun- ask unanimous consent that there now General Ryan was nominated on Feb- try effectively and should be allowed to be a period for the transaction of rou- ruary 26, 1996 and favorably reported by continue to serve. They may not be tine morning business. the Committee on March 12, 1996. I am fighting on the frontlines, but they are The PRESIDING OFFICER. Without confident that he will be confirmed by still dedicating themselves to serving objection, it is so ordered. the Senate and I urge the Senate to act our country. f immediately to confirm this fine offi- A few examples prove the point. One cer. of the persons affected is a senior en- TRIBUTE TO PETER A. JENNINGS Second, when I was chairman of the listed man in the Navy. He is a gulf Mr. DASCHLE. Mr. President, today Armed Services Committee in 1994, war veteran who has served over 17 I want to take a moment to commemo- during Lieutenant General Ryan’s pre- years. During that time, he has earned rate the long and distinguished life of vious nomination, I took the lead in numerous decorations, including two Peter A. Jennings, an outstanding ensuring that Lieutenant General Navy Achievement Medals and four American who passed away last No- Ryan was confirmed. That was at the Good Conduct Medals. Yet under cur- vember. same time we were considering the rent law, this sailor will be discharged Peter Jennings was born June 9, 1911, issues regarding Lieutenant General before receiving the retirement he in the small town of Bridgewater, SD, Glosson’s retirement. Lieutenant Gen- worked so hard and honorably to earn. and passed away on November 3, 1995, eral Ryan was nominated on July 12, Another affected service member is in Fort Meade, SD. Throughout his life 1994, approved by the Committee on an Army sergeant. This soldier has he was very dedicated to his family, his July 27, 1994, and confirmed on August served for over 15 years, receiving out- community, and his work. 25, 1994. standing evaluations and a chest-full of As a father and husband, Peter epito- Third, when our committee issued its medals. He fears for the fate of his wife mized the term ‘‘family values.’’ He report on the Glosson matter, I ensured and newborn child if he is dismissed spent his life taking care of his family that the following material was placed from the service before his retirement. by always putting their needs and con- in the committee report, citing the Another member of the Armed cerns first. He is survived by his wife of special panel we had established: Forces, a Navy woman, has served for 7 56 years, Anita Sessions Jennings, his The Panel Report specifically states: ‘‘We years, consistently receiving top eval- son Thomas Jennings, and his sisters wish to be absolutely clear that in our view uations. Bernadette Stoltz and Irene Rotert. As Generals Nowak, Ryan, and Myers were It is fundamentally unfair that these an active member of his community, truthful in their testimony to the IG inves- and hundreds of other productive serv- Peter was constantly working to im- tigators and to us.’’ The Panel notes that ice members will all have their careers prove the quality of people’s lives. He ‘‘the reputation of these men for veracity cut short for no valid reason. belonged to the DAV, VFW, American and integrity is unimpeachable.’’ Magic Johnson has not served in the Legion, Catholic Order of Forresters, The Panel Report also observes: ‘‘Generals military. But he is living with HIV. He the Retired Officers Association, and Nowak, Ryan, and Myers acted with the ut- has shown America that people with most integrity in reporting what they con- the Knights of Columbus. sidered to be inappropriate attempts to in- HIV do not have to sit on the bench. Peter served in the U.S. Army for fluence a promotions board and in asking to They can participate, and even be much of his life, including 26 years of be excused from service on that board. Their stars. In a recent article in the Los An- service at four VA medical centers in actions in this regard were proper and helped geles Times, Mr. Johnson appealed to Fort Meade, SD; Kerrville, TX; Indian- maintain the integrity of the Air Force pro- us to give the same opportunity to apolis, IN; and Hines, IL. motions system.’’ service members with HIV that his fel- During my travels as a U.S. Senator, The committee concurs with these views. low athletes gave him. He wrote: The committee notes that its favorable rec- I am constantly humbled by the people Service members with HIV are in the ommendation on the nomination of Lieuten- of my State and the basic principles by Army, Navy, Air Force, and Marines. They ant General Glosson is based upon his overall are shipbuilders, military police, trainers, which they live their lives: a love of record of service and does not imply any res- recruiters, sonar technicians, communica- family, an obligation to community ervation about the Panel’s findings with re- tions specialists, engineers, researchers, ad- service, and a strong commitment to spect to Lieutenant General Nowak, Lieu- ministrators, and more. They are American an honest day’s work. Peter A. Jen- tenant General Ryan, and Major General men and women who want to work hard and Myers. nings lived by those principles, and we be part of the toughest military in the world. remember him today. It is simply wrong to suggest ‘‘the They live to serve—and they shouldn’t be a f aftertaste of the Glosson struggle has casualty of prejudice. They deserve better. remained bitter’’ for me. On the con- America deserves better. NOMINATION OF LTG MICHAEL trary, I have worked hard to ensure Magic Johnson is right. The DOD Au- RYAN, U.S. AIR FORCE that those, like Lieutenant General thorization Act is wrong. As a result of Mr. NUNN. Mr. President, the Air Ryan, who did their duty in the yesterday’s overwhelming Senate vote, Force Times (March 25, 1996 edition) Glosson matter have not been ad- we are a major step closer to ending contains a story entitled ‘‘Senate versely affected. this unacceptable discrimination

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2430 CONGRESSIONAL RECORD — SENATE March 20, 1996 against dedicated members of the the deflection was the result of moist the agency-by-agency status report on pages Armed Forces. I urge the House of Rep- sea breezes causing the support timers 3 and 4). Building on years of work by the na- resentatives to accept our repeal of to swell combined with expansion tion’s voluntary codes, standards, trade and this disgraceful provision. caused when the Sun warmed one side professional construction organizations—and with their support and participation—federal f of the timbers. At first glance, these construction is providing the catalyst for the all sound like credible explanations. LABOR COMMITTEE PASSAGE OF long-awaited metrication of the nation’s Upon inspection, Mr. President, it was OSHA REFORM LEGISLATION construction industry. learned that structural calculations THE NUMBERS Mr. PELL. Mr. President, last week, were based on a 21⁄2 inch concrete slab. Government is a major player in the con- the Senate Labor and Human Re- In reality, the slab was 3 inches thick. struction industry by virtue of its role as sources Committee completed a long Obviously, the inspection was the key provider of highways, bridges, dams, water and, unfortunately, contentious mark- to discovering the actual cause of the and sewer systems, parks, prisons, military up of S. 1423, the Safety and Health Re- deflection in the concrete slab. Just bases, space centers, laboratories, embassies, form and Reinvention Act that amends imagine the number of injuries and courthouses, schools, and numerous other public facilities. Federal appropriations for the Occupational Safety and Health even deaths that may have taken place Act of 1970. construction, including grants to state and if because of a phone or fax interview, local governments, total about $50 billion an- While I am very aware of the impor- instead of an inspection, OSHA had de- nually. In 1996, over $20 billion in construc- tance of not overburdening businesses termined that the culprit was sunny tion will be designed in metric units and up with mountains of paperwork and regu- days and humid nights. to $10 billion more put out for bid. By the lation, I am also cognizant, as a co- Mr. President, I feel that I also must year 2000, metric construction will approach sponsor—along with my old friend Sen- comment on the commotion during the the $50 billion federal total, not including ator Jacob Javits—of the legislation last markup session. After approving billions more in state and local matching funds. that created OSHA, of the important three very good amendments—two need to protect the health, safety, and Annual U.S. construction expenditures are Democratic and one Republican—by about $500 billion yearly with roughly one- lives of employees. voice vote on the first day of the mark- half allocated to commercial, institutional, Much of the debate and discussion up, the committee was asked to vote industrial and civil works and the other half that took place during Labor Com- again on the amendments at the begin- to homebuiding. Thus, within a few years mittee hearings and markups was real- ning of the last markup. Unfortu- federally funded metric construction will ly over the balance between protec- nately, all three of the votes were amount to about 20 percent of all nonresi- tions for employees and burdens on em- along party lines and two of the pre- dential construction, with state and local ployers. During one committee hearing metric construction adding substantially to viously approved amendments failed. I that percentage. on the topic, a businessman testified in regret very much that this commotion support of a proposal that would pro- THE IMPACT took place and hope that in the future, American architectural, engineering, and hibit fines on a business if it were to be cooler heads prevail. found in substantial compliance with construction firms already use metric meas- f ures in their overseas work, and govern- OSHA regulations. The witness went on ment’s buying power rapidly will expose the say that substantial compliance ‘‘does FEDERAL CONSTRUCTION METRI- remainder of nonresidential construction to not mean perfection or even near per- CATION: A YEAR END REPORT the metric system. Given this as well as the fection. It does mean better than aver- Mr. PELL. Mr. President, I would rapid globalization of the construction industry (just look at the multilingual package.’’ like to call to the attention of my col- Mr. President, I would not expect aging with metric measurements on the leagues the Metric in Construction 1995 perfectly safe conditions or perfect shelves of your local hardware store), non- Year End Report by the Construction health protections for myself and we residential construction is likely to convert Metrication Council of the National In- to the metric system within a decade or so. probably should not attempt perfection stitute of Building Sciences located Homebuilders, who are involved in virtually under OSHA rules. We should not, how- here in Washington, DC. no foreign or governmental work but are ever, settle for better than average I found the information outlined in nonetheless closely intertwined with the rest safety. I am sure that none of my col- the ‘‘Status of Federal Construction of the construction industry, probably will leagues would feel comfortable flying adopt metric measures a few years later. Metrication’’ chart to me most inter- on an airline that advertised as having Of course, the metric transition could take esting. In many portions of the Federal better than average safety. Would any place faster, as it has in other countries, or, Government, projects have been con- of us feel comfortable using a piece of given America’s ambivalence toward the structed in metric for 2 years or more metric system, slower. But 93 percent of the machinery or operating an electrical and, contrary to the beliefs of many, world’s population uses metric measures and device knowing that there was an aver- the sky has not fallen in. it is only a matter of time before the U.S. age chance of being electrocuted or I also recommend the rest of the construction industry, which accounts for 6 being injured? I do not believe ‘‘better million jobs and 8 percent of the gross na- council’s report to my colleagues. As than average’’ is good enough for tional product, joins the nation’s auto- the report says, 93 percent of the America’s workers. mobile, health care, and electronics indus- world’s population uses the metric sys- Another concern of mine centers on tries (among others) in completely con- tem. I continue to believe that the the ability of workers to request on- verting to the metric system. United States will remain at a com- When it does, metrication will bring more site inspections by OSHA. I recently petitive disadvantage with our global than efficiency and better quality control to received some interesting material trading partners until we join that 93 construction: it will benefit every American from the Rhode Island Committee on percent. by helping our nation compete more effec- Occupational Safety and Health tively in the global marketplace. Mr. President, I ask unanimous con- [RICOSH]. One of these cases is a good THE RESULTS sent that the Metric in Construction example of the value of OSHA inspec- Hundreds of millions of dollars in federally 1995 Year End Report be printed in the tions. funded metric projects have been placed RECORD. Without an onsite inspection, prob- under construction in the past three years There being no objection, the mate- lems that occurred at a Narragansett, and the results speak for themselves. As rial was ordered to be printed in the RI jobsite may well have taken a dif- noted in the last Metric in Construction RECORD, as follows: newsletter: ferent turn. During construction, Conversion has proven to be much less dif- METRIC IN CONSTRUCTION 1995 YEAR END workers noticed that the temporary ficult than anticipated. REPORT support structure for a poured concrete There has been no appreciable increase in floor had become dangerously over- Almost all federal construction programs design or construction costs. loaded. The workers placed a call to are now converted to the metric system and Architects and engineers like working in most agencies are designing and con- OSHA. At first, the owner and his engi- metric units. structing projects in metric units. Tradesmen adapt readily to metric meas- neer and architect all insisted that the So reported over 20 federal agency rep- ures on the job site. 2 x 4’s would support a concrete slab. resentatives at the November 1995 meeting of Construction and product problems have Instead, they suggested to OSHA that the Construction Metrication Council (see been minimal.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2431 However, three product-related issues have Conversion Act, as amended by the 1988 Om- STATUS OF FEDERAL CONSTRUCTION METRICATION— surfaced to date: nibus Trade and Competitiveness Act. To NOVEMBER 1995—Continued Reinforcing steel (‘‘rebar’’). The rebar in- foster effective private sector participation, dustry first promoted and then withdrew a the activities of the subcommittee were Agency Metric conversion date for new construc- metric standard but not before most state transferred to the Council in April 1992. tion projects Membership in the Council is open to all highway departments had adopted it in their Administrative Office of the U.S. January 1994: All new federal court- standard design drawings, at significant time public and private organizations and individ- Courts. houses have been built in metric by and expense. The rebar industry currently is uals with a substantial interest in and com- GSA since 1994. mitment to the Council’s purposes. The Internal Revenue Service ...... January 1994: All major IRS buildings are balloting, through ASTM, a new metric built in metric by GSA; small projects standard and hopes to unify everyone behind Council meets bimonthly in Washington, are designed in-house in metric. it over the next year or so. D.C.; publishes the Metric Guide for Federal Naval Sea Systems Command No formal date: The metric design of the Recessed lighting fixtures. Several lighting Construction and this bimonthly newsletter, (Ships and boats use many LPD 17 amphibious assault ship is of the same construction nearly completed. Two other ships, the manufacturers opposed the introduction of and coordinates a variety of industry components as buildings, SC 21 and the ADC(X), are in the early modular metric recessed fixtures for use in metrication task groups. It is funded pri- particularly structural steel stages of metric design. NAVSEA’s modular metric suspended ceiling systems. marily by contributions from federal agen- and mechanical and elec- conversion is proceeding on a pro- trical equipment). gram-by-program basis. Such fixtures proved to be readily available cies. from other manufacturers, however, and now Chairman—Thomas R. Rutherford, P.E., the opposing manufacturers are supplying Department of Defense. f them too. All other suspending ceiling com- Board of Direction—William Aird, P.E., National Society of Professional Engineers; ponents, including T-bars, lay-in tiles and THE REPUBLIC OF TUNISIA’S 40TH air diffusers, are available from a variety of Gertraud Breitkopf, R.A., GSA Public Build- manufacturers in modular metric sizes. ings Service; Ken Chong, P.E., National INDEPENDENCE DAY Concrete masonry block. Block is also a Science Foundation; James Daves, Federal Mr. THURMOND. Mr. President, I modular material, but modular metric (so- Highway Administration; James Gross, Na- tional Institute of Standards and Tech- rise today to acknowledge the 40th an- called ‘‘hard metric’’) block is slightly niversary of the independence of the smaller than current inch-pound block. The nology; Byron Nupp, Department of Com- block industry, as represented by the Na- merce; Arnold Prima, FAIA; Martin Republic of Tunisia. Since gaining tional Concrete Masonry Association, argues Reinhart, Sweet’s Division/McGraw-Hill; independence from France on March 20, that producing and keeping an inventory of Ralph Spillinger, National Aeronautics and 1956, Tunisians have been dedicated to two sizes of otherwise identical block is cost- Space Administration; Gerald Underwood, pursuing a path of progress. ly and, in many cases, too costly for the American National Metric Council; Dwain Although this small North African smaller producers that constitute the bulk of Warne, P.E., GSA Public Buildings Service; country has limited natural resources, the block industry. The industry further ar- Lorelle Young, U.S. Metric Association; Wer- ner Quasebarth, American Institute of Steel it has shown great initiative by suc- gues that inch-pound block can be economi- cessfully devoting a majority of its as- cally cut to fit any dimension, inch-pound or Construction. metric, and that the specification of metric Executive Director—William A. Brenner, sets to promoting its people and devel- block is therefore both unnecessary and eco- AIA. oping its economy, stressing education nomically damaging to block producers. as the key to its future. The private In response to these concerns, the General STATUS OF FEDERAL CONSTRUCTION METRICATION— sector has contributed greatly to the Services Administration, in its July 1993 NOVEMBER 1995 economy and, as a result, Tunisians Metric Design Guide, encouraged the allow- Metric conversion date for new construc- have created a diversified, market-ori- ance of either inch-pound or metric block in Agency tion projects ented economy. While the United metric projects. The Construction States has assisted the Tunisian econ- Metrication Council endorsed GSA’s position General Services Administration January 1994: GSA’s Public Buildings Service builds for several federal omy through focused development pro- in the September-October 1993 Metric in Con- agencies. All major projects under its struction newsletter. Since then, contractors auspices have been constructed in grams, Tunisia has been able to ad- have had difficulty obtaining bids on metric metric for the past two years. vance beyond our assistance and is Federal Highway Administration October 1996/2000: Recent Congressional block in a number of instances. The Council action has pushed back the FHWA quickly approaching an era of eco- therefore strongly encourages designers to 1996 deadline to 2000, but the major- nomic partnership with us. allow the use of either inch-pound or metric ity of states report that they will begin highway construction in metric by Oc- The friendship between the United block or to specify nominal wall thicknesses tober 1996 or sooner. Successful met- States and Tunisia dates back almost only, thereby leaving the decision to the ric projects already have been com- 200 years when our two countries contractor, with cost the deciding factor. pleted in many states. Army Corps of Engineers ...... January 1995: Numerous metric projects signed a friendship treaty. Since that are under construction. New work has CONSTRUCTION METRICATION COUNCIL been designed in metric since January time, we have had an outstanding rela- 1994. tionship marked by respect, coopera- (English is the international language of Naval Facilities Engineering October 1996: New projects are being de- business. Metric is the international lan- Command. signed in metric now. tion, and a mutual commitment to guage of measurement.) Air Force ...... October 1996: New projects are being de- freedom and democracy. We have a signed in metric now. National Institute of Building Sciences, Coast Guard ...... In phases, beginning January 1996: Sev- strong military alliance, routinely en- 1201 L Street, N.W., Suite 400, Washington, eral metric projects are underway now. gaging in regular joint exercises and State Department ...... State has virtually always built in metric. D.C. 20005, Telephone 202–289–7800; fax 202– National Aeronautics and Space October 1995: A number of metric program exchanges. Strictly defensive 289–1092. Administration. projects are under construction and in nature, the Tunisian military force Metric in Construction is a bimonthly more are in design. is among the best trained and most newsletter published by the Construction Federal Bureau of Prisons ...... October 1995: New projects are being designed in metric now. professional in the Arab world. Like Metrication Council to inform the building Architect of the Capitol ...... January 1994: In-house design and ren- the United States, Tunisia is dedicated community about metrication in U.S. con- ovation work is performed in metric struction. The Construction Metrication and the planned Library of Congress to the peaceful resolution of conflicts storage facility will be built in metric. Council was created by the National Insti- Veterans’ Administration ...... No date set at this time: Five metric and has participated in many peace- tute of Building Sciences to provide indus- projects are in planning. A large GSA- keeping operations around the world. trywide, public and private sector support built project is being constructed in metric now. Despite the volatile situation in for the metrication of federal construction Smithsonian Institution ...... January 1994: Virtually all work has been North Africa, Tunisia has played a key and to promote the adoption and use of the performed in metric for the past two role in preserving stability and peace. metric system of measurement as a means of years. Deparment of Energy ...... January 1994 for major projects: Many Further, they have been at the fore- increasing the international competitive- DOE labs and sites have ongoing met- front of the struggle against terrorism, ness, productivity, and quality of the U.S. ric construction programs. construction industry. Environmental Protection Agency No metric policy on construction grants: intolerance, and blind violence. They EPA provides water and sewer grants The National Institute of Building to states and municipalities but is not have appealed to the world community Sciences is a nonprofit, nongovernmental or- involved in their construction. through various organizations, includ- ganization authorized by Congress to serve USDA Forest Service...... October 1996: The Forest Service’s metrication schedule depends in large ing the United Nations, to adopt strict as an authoritative source on issues of build- part on state highway metrication ac- measures in order to combat terrorism ing science and technology. tivities. and extremism. The Council is an outgrowth of the Con- Department of Agriculture ...... January 1995: Major projects are in metric now. In addition, Tunisia has played a sig- struction Subcommittee of the Metrication Indian Health Service ...... January 1994: Numerous metric projects nificant role and is a key supporter in Operating Committee of the federal Inter- are in design and construction. agency Council on Metric Policy. The Con- National Institute of Standards January 1994: Major projects are in met- securing peace in the Middle East. and Technology. ric now. struction Subcommittee was formed in 1988 U.S. Postal Service (USPS is not No date set at this time: But several They were the first Arab State to host to further the objectives of the 1975 Metric a federal agency). metric pilot projects are under way. a multilateral meeting of the peace

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2432 CONGRESSIONAL RECORD — SENATE March 20, 1996 process and to welcome an official an average rate of 4.5 percent over the Middle East and Africa, and I am im- Israeli delegation in Tunis, thus pro- last 3 years, and its economic success pressed how it has taken an active po- moting a dialog between Arabs and has had a beneficial impact on sition in both regions. Israelis. Since that initial meeting, Tunisia’s international standing. Tuni- In 1982, after Yasir Arafat was driven they have hosted two other events and sia joined GATT in 1990, and in 1995, from Beirut, Tunisia opened its doors are scheduled to host others. As a re- the government signed a free-trade ac- and hosted the Palestinian Liberation sult of their efforts, in January of this cord with the European Union. Organization for 14 years. I believe that year, Tunisia and Israel agreed to es- In contrast to some of its Arab neigh- Tunisia’s secular and developed society tablish formal diplomatic relations. bors, Tunisia has achieved particular had a moderating influence on Arafat, Earlier this week, Tunis served as success in the promotion of women’s which was a critical factor in launch- the host city for the Joint Military rights. Under the direction of President ing the Middle East peace process. Commission meeting, further dem- Ben Ali, the number of Tunisian Likewise, it is no surprise to me that onstrating their dedication to peace in women and girls receiving an edu- Tunisia was the first Arab country to the Middle East and reinforcing the co- cation—up through the university host a U.N. multilateral meeting in operation between the United States level—has risen dramatically. Women connection with the Middle East peace and Tunisia. are protected under the law from process, or that it will be among the Mr. President, I would like to con- forced early marriages and domestic first Arab countries to establish formal gratulate our friends in Tunisia on suc- violence. I applaud these steps and urge diplomatic relations with Israel next cessfully achieving this milestone and the Tunisian government to continue month. commend them for their peacekeeping its efforts to expand personal freedoms efforts. for all of its citizens. Tunisia has also tried to help mediate some of the conflicts between its f Tunisia and the United States have also explored ways to cooperate on neighbors in sub-Saharan Africa. Presi- FORTY YEARS OF TUNISIAN international security issues. In fact, dent Ben Ali served as President of the INDEPENDENCE the 14th Annual Joint Military Com- Organization of African Unity at a Mr. PELL. Mr. President, legend has mission of Tunisia and the United time when the OAU was being re-vital- it that more than 200 years ago, the States met in Tunis over the last 2 ized as a regional organization, and he bey of Tunis, as token of esteem and days. Tunisia also has played an active helped begin preparations for a conflict friendship, sent one of his finest stal- role in U.N. peacekeeping missions, resolution center at the OAU. Just this lions to U.S. President George Wash- contributing military contingents to week, Tunisia hosted a regional con- ington. Unfortunately, customs offi- operations in Cambodia, Somalia, the ference on the Great Lakes which ad- cials in the nascent republic denied Western Sahara, and Rwanda. dressed the heated conflicts in Rwanda entry to the horse, which spent its re- Finally, Tunisia has been a welcome and Burundi, and the effects of refugees mainder of its days in the port of Balti- force for moderation I the Middle East in Central Africa. more. After this somewhat rocky start, peace process. The government has Tunisia has also, by necessity, been I am happy to report that U.S.-Tuni- taken an active role within the Arab at the forefront of the international sian relations have improved consider- community in promoting better ties struggle against terrorism. Out of geo- ably. Today, in fact, marks the 40th an- with Israel. In April of this year, Israel graphic necessity, it has worked dili- niversary of the establishment of the and Tunisia will establish official in- gently and consistently in inter- Republic of Tunisia as an independent terests sections to facilitate political national efforts against violence and country, a time during which Tunisia consultations, travel, and trade. Tuni- extremism. Indeed, despite the ter- has enjoyed a strong and healthy rela- sia has condemned the recent suicide rorist threats it faces from Algeria and tionship with the United States. Today bomb attacks in Israel and has called Libya on all its borders, Tunisia still I wish to congratulate Tunisia for its for greater international efforts to attended the recent international con- many accomplishments, and to high- fight terrorism. ference on terrorism in Sharm-el- light some of the instances of coopera- As I alluded to earlier, the relation- Shekh, and re-affirmed its commit- tion between our two countries. ship between the United States and Tu- ment to moderation. In recent years, Tunisia has taken nisia goes back nearly 200 years, to the I believe Tunisia needs to be sup- positive steps towards the establish- very beginnings of American independ- ported for these important steps. It is ment of a more democratic system of ence. Tunisia was among the first to an invaluable partner as we form alli- government. Although the ruling party recognize the United States as a sov- ances for the 21st century. But Tunisia continues to dominate the political ereign country. As Tunisia celebrates should also be congratulated for its scene, Tunisia has made an effort to the 40th anniversary of its own inde- economic and social achievements. In broaden political debate, including re- pendence, I ask my colleagues to join many areas—particularly family plan- cent passage of an electoral law that me in offering a sincere expression of ning, opportunities for women, edu- reserved 19 seats of the National As- congratulations. cation, and economic reform—Tunisia sembly for members of opposition po- Mr. FEINGOLD. Mr. President, today can provide a model of development in litical parties. Because the government Tunisia celebrates its 40th anniversary the Mediterranean. has placed a high priority on funding of independence from French colo- social programs, today Tunisia has lit- nialism. I want to join in congratu- When I was in Tunisia, I was greatly eracy and life expectancy rates that lating Tunisia on its social and eco- impressed by the government’s com- are among the highest in the region. I nomic accomplishments of the last 40 mitment to family planning and the hope that the United States will con- years, and to thank the Tunisians for development of opportunities for tinue to work with Tunisia on efforts their historic friendship with America. women. Tunisia is one of the world’s such as these to open up the political Two years ago I visited Tunisia with success stories in family planning: process and to improve the living Senator SIMON and Senator REID. Ini- birth control is widely available for standards of the population. This tially, our visit was planned to meet those who desire it, and government should help Tunisia to overcome some with President Ben Ali, who at that clinics are focussed on promoting wom- of the difficulties it continues to en- time was President of the Organization en’s health. This was a very far-sighted counter in balancing secular and Mus- of African Unity. However, we quickly and constructive decision by the gov- lim interests in the country. learned that Tunisia itself is a story of ernment. As a result, the country has Tunisia also has a very impressive many other achievements as well. been able to harness the potential of economic record. In the last 10 years, As a small, secular Muslim country, most of its population, and, not coinci- the government has turned to eco- nestled between two major, unstable dentally, has made significant economic programs designed to privatize powers, Libya and Algeria, Tunisia is nomic gains. state-owned companies and to reform playing an important and positive role Because of these effective programs, the banking and financial sectors. As a in international politics. Because of its Tunisia was graduated from United result, Tunisia’s economy has grown at geography, it is a member of both the States assistance, and is now entering

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2433 an era of partnership with the United amendment requiring the President the Senate by Mr. Thomas, one of his States. Indeed, in many ways, Tunisia and Congress to produce a balanced secretaries. is a fine example of a foreign aid suc- Federal budget—now. EXECUTIVE MESSAGES REFERRED cess. f As in executive session the Presiding Tunisia has great potential for lead- TRIBUTE TO THE CORONADO HIGH Officer laid before the Senate messages ership in the 21st century. But it is a SCHOOL THUNDERBIRD BAND OF from the President of the United country facing severe security risks. EL PASO, TX States submitting sundry nominations As we appreciate its accomplishments which were referred to the appropriate of the last 40 years, we must commit to Mrs. HUTCHISON. Mr. President, it committees. do what we can to ensure Tunisia will is with much pride that I rise today to (The nominations received today are continue to develop politically and eco- recognize the 160 members of the Coro- printed at the end of the Senate pro- nomically, and enable it to continue to nado High School Thunderbird Band ceedings.) support United States goals of stability who will be representing North Amer- and democracy in the Middle East and ica in the Russian Republic’s Freedom f Africa. Day Parade this May. These gifted stu- MESSAGES FROM THE HOUSE f dent musicians from El Paso will travel to Moscow this spring to celebrate At 1:45 p.m., a message from the NATIONAL DOMESTIC VIOLENCE the rise of democracy there and to House of Representatives, delivered by HOTLINE share their extraordinary musical tal- Ms. Goetz, one of its reading clerks, an- Mr. WELLSTONE. Mr. President, ents with the people of Russia. nounced that the House has passed the last week I came to the floor to an- It was last September when Richard following joint resolution, without nounce the realization of another com- Lambrecht, the students’ band con- amendment: ponent of our initiative to prevent vio- ductor, received the phone call from S.J. Res. 38. Joint resolution granting the lence against women—the National Do- the Russian Ministry of Culture, invit- consent of Congress to the Vermont-New mestic Violence Hotline. At that time, ing the Coronado students to perform Hampshire Interstate Public Water Supply Compact. I indicated that I would come to the in the Freedom Day celebration held floor every day for 2 weeks, whenever annually in Red Square. Since that mo- The message also announced that the my colleagues would be kind enough to ment, the students, their parents, and House has passed the following bills, in give me about 30 seconds of time, to their avid supporters have been work- which it requests the concurrence of read off the 800 number to the hotline. ing tirelessly, day and night, to raise the Senate: The toll free number, 1–800–799– the necessary funds for this once-in-a- H.R. 2739. An act to provide for a represen- SAFE, will provide immediate crisis lifetime trip and to maintain their ex- tational allowance for Members of the House assistance, counseling, and local shel- ceptional grade point averages. of Representatives, to make technical and This recognition is a fitting testa- conforming changes to sundry provisions of ter referrals to women across the coun- law in consequence of administrative re- try, 24 hours a day. There is also a TDD ment to the dedication, character, and forms in the House of Representatives, and number for the hearing impaired, 1–800– talent of these Texas teenagers. But it for other purposes. 787–3224. is not the first honor the Thunderbird H.R. 2937. An act for the reimbursement of Mr. President, roughly 1 million Band has received. In fact, the band legal expenses and related fees incurred by women are victims of domestic vio- has received the Sudler Flag and the former employees of the White House Travel lence each year and battering may be Sudler Shield for both concert and Office with respect to the termination of the single most common cause of in- marching performance by the John their employment in that Office on May 19, jury to women—more common than Phillip Sousa Foundation. These 1993. auto accidents, muggings, or rapes by a awards are given to only two bands an- The message further announced that stranger. According to the FBI, one out nually, representing the best in the the House has agreed to the concurrent of every two women in America will be United States for that year. Coronado resolution, in which it requests the beaten at least once in the course of an is one of only three bands to have ever concurrence of the Senate: intimate relationship. The FBI also received both designations. H. Con. Res. 148. A concurrent resolution speculates that battering is the most In addition to honoring the Thunder- expressing the sense of the Congress that the underreported crime in the country. It bird Band for this achievement, I would United States is committed to the military is estimated that the new hotline will also like to welcome both Alexander stability of the Taiwan Straits and United States military forces should defend Taiwan receive close to 10,000 calls a day. Demchenko, the Russian Minister of in the event of invasion, missile attack, or I hope that the new National Domes- Culture, and General Victor Afanasiev, blockade by the People’s Republic of China. tic Violence Hotline will help women the Russian General Conductor, to the and families find the support, assist- United States. These two officials will f ance, and services they need to get out be visiting the Coronado students on MEASURES REFERRED of homes where there is violence and March 27 in El Paso. The Republic of The following bill was read the first abuse. Russia has generously offered to fi- and second times by unanimous con- Mr. President, once again, the toll nance a portion of the band’s traveling sent and referred as indicated: free number is 1–800–799–SAFE, and 1– costs, and I would like to thank them 800–787–3224, for the hearing impaired. for their country’s cooperative efforts H.R. 2739. An act to provide for a represen- tational allowance for Members of the House f in making this trip a reality for the of Representatives, to make technical and Coronado students. THE BAD DEBT BOXSCORE conforming changes to sundry provisions of Mr. President, I am confident that law in consequence of administrative re- Mr. HELMS. Mr. President, the Fed- the Coronado High School Thunderbird forms in the House of Representatives, and eral Government is running on bor- Band will represent the people of for other purposes; to the Committee on rowed time, not to mention borrowed Texas, the United States, and North Governmental Affairs. money—more than $5 trillion of it. As America with both honor and distinc- f of the close of business yesterday, tion. I congratulate them on this re- March 19, 1996, the Federal debt stood markable accomplishment, and I wish ENROLLED BILLS PRESENTED at $5,058,839,098,883.55. On a per capita them the best of luck in their future The Secretary of the Senate reported basis, every man, woman, and child in endeavors. that on March 20, 1996, he had pre- America owes $19,128.56 as his or her Thank you, Mr. President. I yield the sented to the President of the United share of the Federal debt. floor. States, the following enrolled bill: More than two centuries ago, the f S. 1494. An act to provide an extension for Continental Congress adopted the Dec- MESSAGES FROM THE PRESIDENT fiscal year 1996 for certain programs admin- laration of Independence. It’s time for istered by the Secretary of Housing and Congress to adopt a Declaration of Eco- Messages from the President of the Urban Development and the Secretary of Ag- nomic Responsibilities along with an United States were communicated to riculture, and for other purposes.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2434 CONGRESSIONAL RECORD — SENATE March 20, 1996 EXECUTIVE AND OTHER mandated obligations; to the Committee on Mr. BROWN, Mr. COATS, Mr. COCHRAN, COMMUNICATIONS Appropriations. Mr. COVERDELL, Mr. CRAIG, Mr. POM–490. A resolution adopted by the Los D’AMATO, Mr. FAIRCLOTH, Mr. GRAMS, The following communications were Angeles Board of Harbor Commissioners rel- Mr. GREGG, Mr. HATCH, Mr. HELMS, laid before the Senate, together with ative to the Alameda Corridor; to the Com- Mrs. HUTCHISON, Mr. INHOFE, Mr. accompanying papers, reports, and doc- mittee on Commerce, Science, and Transpor- INOUYE, Mr. KEMPTHORNE, Mr. KYL, uments, which were referred as indi- tation. Mr. NICKLES, Mr. SIMPSON, Mr. cated: POM–491. A resolution adopted by the SMITH, and Mr. THOMPSON): Alaska Environmental Lobby relative to the S. 1629. A bill to protect the rights of the EC–2169. A communication from the Direc- Arctic National Wildlife Refuge; to the Com- States and the people from abuse by the Fed- tor of the Office of the Secretary (Adminis- mittee on Energy and Natural Resources. eral Government; to strengthen the partner- tration & Management), Department of De- POM–492. A notice from the Association of ship and the intergovernmental relationship fense, the report entitled, ‘‘Extraordinary Pacific Island Legislatures relative to agri- between State and Federal governments; to Contractual Actions to Facilitate the Na- culture, compact impact, fisheries, and im- restrain Federal agencies from exceeding tional Defense’’; to the Committee on Armed migration; to the Committee on Energy and their authority; to enforce the Tenth Services. EC–2170. A communication from the Chief Natural Resources. Amendment to the Constitution; and for of Legislative Affairs, Department of the POM–493. A resolution adopted by the other purposes; to the Committee on Govern- Navy, transmitting, pursuant to law, notice Board of Mayor and Alderman of the Town of mental Affairs. relative to renewing a lease; to the Com- Dover, Tennessee relative to the Tennessee By Mr. WELLSTONE (for himself and mittee on Armed Services. Valley Authority Land Between the Lakes; Mr. WYDEN): EC–2171. A communication from the Direc- to the Committee on Environment and Pub- S. 1630. A bill to prevent discrimination tor of the Office of Management and Budget, lic Works. against victims of abuse in all lines of insur- the Executive Office of the President, trans- POM–494. A resolution adopted by the ance; to the Committee on Labor and Human mitting, pursuant to law, the report on ap- Chamber of Commerce of Stewart County, Resources. propriations legislation within five days of Tennessee relative to the Tennessee Valley By Mr. PELL: enactment; to the Committee on the Budget. Authority Land Between the Lakes; to the S. 1631. A bill to authorize the Secretary of EC–2172. A communication from the Sec- Committee on Environment and Public Transportation to issue a certificate of docu- retary of Energy, transmitting, pursuant to Works. mentation with appropriate endorsement for law, the annual report on metal casting com- POM–495. A resolution adopted by the employment in the coastwise trade for the petitiveness research for fiscal year 1995; to Board of Commissioners of Cook County, Il- vessel EXTREME, and for other purposes; to the Committee on Energy and Natural Re- linois relative to Puerto Rico; to the Com- the Committee on Commerce, Science, and sources. mittee on Finance. Transportation. EC–2173. A communication from the Chair- POM–496. A resolution adopted by the f person of the U.S. Architectural and Trans- American Society for Public Administration portation Barriers Compliance Board, trans- relative to the United Nations; to the Com- SUBMISSION OF CONCURRENT AND mitting, pursuant to law, the report on the mittee on Foreign Relations. SENATE RESOLUTIONS internal controls and financial systems in ef- POM–497. A resolution adopted by the New York County Lawyers’ Association relative The following concurrent resolutions fect during fiscal year 1995; to the Com- and Senate resolutions were read, and mittee on Governmental Affairs. to the United Nations Convention to Elimi- EC–2174. A communication from the Sec- nate All Forms of Discrimination Against referred (or acted upon), as indicated: retary of the Treasury, transmitting, pursu- Women; to the Committee on Foreign Rela- By Mr. WARNER (for himself and Mr. ant to law, the semiannual report of the In- tions. FORD): spector General for the period from April 1 POM–498. A resolution adopted by the S. Con. Res. 47. A concurrent resolution for through September 30, 1995; to the Com- Commission of the City of Miami, Florida a Joint Congressional Committee on Inau- mittee on Governmental Affairs. relative to the Cuban Government; to the gural Ceremonies; considered and agreed to. EC–2175. A communication from the Asso- Committee on Foreign Relations. S. Con. Res. 48. A concurrent resolution au- ciate Attorney General for Legislative Af- POM–499. A resolution adopted by the thorizing the rotunda of the United States fairs, transmitting, pursuant to law, the re- Teinaa Gey Tlingit Nation relative to sov- Capitol to be used on January 20, 1997, in port on the activities and operations of The ereignty and jurisdiction over membership; connection with the proceedings and cere- Public Integrity Section for calendar year to the Committee on Indian Affairs. monies for the inauguration of the Presi- 1994; to the Committee on the Judiciary. POM–500. A resolution adopted by the dent-elect and the Vice-President-elect of EC–2176. A communication from the Execu- Teinaa Gey Tlingit Nation relative to juris- the United States; considered and agreed to. dictional boundaries; to the Committee on tive Director of the Pension Benefit Guar- f anty Corporation, transmitting, pursuant to Indian Affairs. law, the report under the Freedom of Infor- POM–501. A resolution adopted by the STATEMENTS ON INTRODUCED mation Act for calendar year 1995; to the Teinaa Gey Tlingit Nation relative to an BILLS AND JOINT RESOLUTIONS audit and investigation of contractors; to Committee on the Judiciary. By Mr. JOHNSTON: EC–2177. A communication from the Sec- the Committee on Indian Affairs. retary of Health and Human Services, trans- POM–502. A resolution adopted by the City S. 1627. A bill to designate the visitor mitting, pursuant to law, a report on the Council of the City of Seattle, Washington center at Jean Lafitte National Histor- Low-Income Home Energy Assistance Pro- relative to proposed immigration legislation; ical Park in New Orleans, Louisiana as gram for fiscal year 1994; to the Committee to the Committee on the Judiciary. the ‘‘Laura C. Hudson Visitor Center’’; on Labor and Human Services. f to the Committee on Energy and Nat- f INTRODUCTION OF BILLS AND ural Resources. PETITIONS AND MEMORIALS JOINT RESOLUTIONS THE LAURA C. HUDSON VISITOR CENTER DESIGNATION ACT OF 1996 The following bills and joint resolu- The following petitions and memo- ∑ Mr. JOHNSTON. Mr. President, I am tions were introduced, read the first rials were laid before the Senate and pleased today to introduce a measure and second time by unanimous con- were referred or ordered to lie on the to designate the visitor center at 419 sent, and referred as indicated: table as indicated: Rue Decatur in New Orleans, LA, as POM–486. A resolution adopted by Amer- By Mr. JOHNSTON: the ‘‘Laura C. Hudson Visitor Center.’’ ican Democrats Abroad (Switzerland) rel- S. 1627. A bill to designate the visitor cen- For almost 24 years I have been privi- ative to the foreign affairs budget; to the ter at Jean Lafitte National Historical Park Committee on Appropriations. in New Orleans, Louisiana as the ‘‘Laura C. leged to serve in the U.S. Senate. For POM–487. A resolution adopted by the Fed- Hudson Visitor Center.’’; to the Committee some 20 of those years I have been eral Judges Association relative to funding on Energy and Natural Resources. blessed with the able assistance of of the Judiciary branch; to the Committee By Mr. BROWN (for himself, Mr. THOM- Laura Hudson, who completed her Sen- on Appropriations. AS, Mr. FAIRCLOTH, Mr. THURMOND, ate service last August, as my legisla- POM–488. A notice from the Mayor of the and Mr. HELMS): tive director and indispensable right City of Tucson, Arizona relative to a resolu- S. 1628. A bill to amend title 17, United hand. tion adopted by the U.S. Conference of May- States Code, relating to the copyright inter- In so many ways, Laura personifies ors relative to the National Endowments for ests of certain musical performances, and for the Arts and the Humanities; to the Com- other purposes; to the Committee on the Ju- the best tradition of Senate service— mittee on Appropriations. diciary. beginning in one capacity and growing POM–489. A resolution adopted by the City By Mr. STEVENS (for himself, Mr. into so many more. The young history of Inkster, Michigan relative to federally DOLE, Mr. ABRAHAM, Mr. BENNETT, postgraduate, who took a legislative-

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2435 correspondent position in my office in den off of small businesses who cur- stead of 24 hours a day if they are only 1975, quickly grew beyond that and has rently pay fees to music licensing orga- playing music in short spots between been my invaluable counsel on a vari- nizations under a complicated and religious, news, or talk shows. I hope ety of legislative challenges over the cumbersome copyright law. my colleagues will join me in leveling years. Introduction of this legislation re- the playing field and will support this There are parks and preservation flects what I consider a fair position. bill. projects, in Louisiana and beyond This bill acknowledges the different I ask unanimous consent that letters which exist solely because of the per- sides, and aims to reach a compromise in support of this bill from the Na- sonal commitment and legislative skill position. This legislation comes after tional Federation of Independent Busi- of Laura Hudson, whole regions of the hours and hours of negotiations with ness, the National Religious Broad- globe, such as Micronesia, routinely different interests over the course of casters, the National Restaurant Asso- neglected by many in the Congress, re- several months. ciation, and the National Retail Fed- ceive a respect and recognition in Under current law, music licensing eration be included in the RECORD. Washington due heavily to Laura’s de- organizations are permitted to collect There being no objection, the mate- votion. That component closeup pro- fees from those who play a radio or tel- rial was ordered to be printed in the gram, which brings hundreds of stu- evision in their commercial establish- RECORD, as follows: dents and teachers each year from the ment. The music may be background former trust territories of Micronesia, NATIONAL FEDERATION OF music, or it may be music played at INDEPENDENT BUSINESS, is but one example of Laura’s passion. half-time during a football game. The Washington, DC, March 20, 1996. Moreover, I am convinced that the music license fee applies to shoe stores, Hon. HANK BROWN, relationship between our country and to diners, to shopping centers or any U.S. Senate, Washington, DC. many of the developing and emerging other business establishment. DEAR SENATOR BROWN: On behalf of the economies, such as China, Vietnam, The artists who create this music more than 600,000 members of the National and Indonesia, profit in immeasurable Federation of Independent Business (NFIB), I certainly deserve compensation for ways from the understanding and lead- would like to express our support for your their intellectual property. In fact, ership of staff persons such as Laura. compromise music licensing legislation. This is a woman, Mr. President, who those artists are compensated for their NFIB believes this proposal will resolve has forsaken many opportunities in the labors. When a song is played over a many of the serious problems that exist be- private sector because of a deep belief radio or TV, the broadcaster pays for tween the small business community and the the rights to play that song. When we music licensing societies—ASCAP, BMI and in the merits of public service, and a SESAC. belief in the simple tenet that she are at home, and we turn on the radio, we are not expected to pay a second In a recent NFIB survey, more than 92 per- could make a difference. More often cent of small-business owners called for than we acknowledge, it is the Laura fee. Yet, if a radio is played at a com- music licensing reform. The time has come Hudsons who made a qualitative dif- mercial establishment for no commer- for fairness in music licensing. ference in our daily work product. In cial gain, a second fee is charged for While your bill is different from S. 1137, it honor of her unparalleled contribu- the music. This double-dipping smacks addresses many of the issues that are of tions, I am introducing this legislation of unfairness. great importance to small business owners. today. In addition, there is tremendous in- It allows small businesses to play incidental I know that Laura will continue to equity in the way licensing companies music on radios and TV’s without violating contribute, as only she can, to public assess these fees. The businesses are federal copyright law. In addition, the measure gives small business owners the right to policy. But I will miss her in a way im- unable to see a list of the songs that arbitrate fee disputes in local forums rather mediate and direct, as will so many of are available for licensing. The busi- than forced to file a lawsuit in New York her longtime colleagues in the Senate. nesses are unable, because of the mar- City. Many small businesses across the coun- But I know they join me in expressing ket inequity, to bargain for a fair try cannot afford the added expense of trav- appreciation and best wishes as Laura price. Instead, we have an anticompeti- eling to New York City to dispute fees levied enters an exciting new chapter of her tive environment where two or three li- by BMI or ASCAP. The legislation does pro- life. censing companies control almost all tect the nine state music licensing laws that I ask unanimous consent that a copy of the music available. Small busi- have been enacted and the other 15 states with legislation pending. of the bill appear in the RECORD. nesses have two options: pay the pre- There being no objection, the bill was NFIB commends your efforts to fashion a ordained fee or turn off the radio or workable compromise and we look forward ordered to be printed in the RECORD, as TV. to working with you to enact music licens- follows: The approach I have taken to address ing reform legislation. S. 1627 this problem aims at leveling this play- Sincerely, Be it enacted by the Senate and House of Rep- ing field. The legislation I am intro- DONALD A. DANNER, resentatives of the United States of America in ducing would require the licensing Vice President, Congress assembled, companies to make a list of their rep- Federal Governmental Relations. SECTION 1. LAURA C. HUDSON VISITOR CENTER. ertory available so businesses can The visitor center at Jean Lafitte National NATIONAL RELIGIOUS BROADCASTERS, Historical Park, located at 419 Rue Decatur know what products they are paying Manassas, VA, March 19, 1996. in New Orleans, Louisiana, is hereby des- for. Hon. HANK BROWN, ignated as the ‘‘Laura C. Hudson Visitor The legislation would exempt small U.S. Senate, Washington, DC. Center.’’ businesses from paying the fee for DEAR SENATOR BROWN: On behalf of Na- SEC. 2. LEGAL REFERENCES. music played over radio and TV if a fee tional Religious Broadcasters, I want to Any reference in any law, regulation, has already been paid. Where music has commend you and Senators Thurmond, Fair- paper, record, map, or any other document of already been paid for by the broad- cloth, Helms and Thomas for introducing the United States to the visitor center re- caster, the copyright owner has in fact legislation to address the inequities and ferred to in subsection (a) shall be deemed to been compensated. abuses in the current system for licensing be a reference to the ‘‘Laura C. Hudson Vis- copyrighted music. Our organization, which itor Center’’.∑ In addition, the legislation would es- represents over 800 religious broadcast sta- tablish arbitration to resolve disputes tions and program providers, is grateful for By Mr. BROWN (for himself, Mr. over fees. As it stands, if a retail store your leadership and is prepared to support THOMAS, Mr. FAIRCLOTH, Mr. wishes to contest the fees paid to one you in any way possible to pass this bill in THURMOND, and Mr. HELMS): of the licensing companies, they have the 104th Congress. S. 1628. A bill to amend title 17, to go to a court in New York. More- Legislation is badly needed to rectify the United States Code, relating to the over, full blown litigation in any case injustices forced upon Christian radio by the copyright interests of certain musical is often prohibitively expensive. entertainment licensing monopolies, ASCAP performances, and for other purposes; The legislation would require the and BMI. For years, our members who use limited amounts of music in their program- to the Committee on the Judiciary. music licensing companies to offer per ming have tried to negotiate a fair license MUSIC LICENSING LEGISLATION period programming licenses—in other that would allow them to pay simply for the ∑ Mr. BROWN. Mr. President, I intro- words allow radio stations to purchase music they play and not be charged as if duce legislation that would lift a bur- licenses for shorter time periods in- they played copyrighted works all day long.

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In the face of monopoly powers granted to those of your staff to provide relief are THE 10TH AMENDMENT ENFORCEMENT ACT OF 1996 ASCAP and BMI by the federal government, greatly appreciated. We look forward to Mr. STEVENS. Mr. President, today, and in the absence of clear Congressional working with you to enact this legislation. on behalf of 23 of my colleagues, as well policy to guide competition in the licensing Sincerely, as Governors, attorneys general, State arena, we find we have no leverage with JOHN J. MOTLEY III, which to negotiate a fair ‘‘per program li- Senior Vice President, legislators, and mayors across the Na- cense’’. Your bill goes a long way toward Government and Public Affairs. tion, I rise to introduce the 10th solving that problem. Amendment Enforcement Act of 1996. We also understand your bill will require NATIONAL RESTAURANT ASSOCIATION, The 10th amendment was a promise the music licensing monopolies to disclose in Washington, DC, March 19, 1996. to the States and to the American peo- a practical and user-friendly way the songs Hon. HANK BROWN, ple that the Federal Government would for which they have the rights to collect roy- U.S. Senate, Washington, DC. be limited, and that the people of the alties, and it will not allow ASCAP, BMI or DEAR SENATOR BROWN: On behalf of the Na- any other licensing organization to bring in- tional Restaurant Association and the 739,000 States could, for the most part, govern fringement actions against music users for foodservice establishments nationwide, we themselves as they saw fit. songs that are not listed in their publicly would like to express our support for your Unfortunately, in the last half cen- available data bases. These provisions, to- compromise music licensing legislation. We tury, that promise has been broken. gether with an effective per program license, believe this proposal will resolve many of The American people have asked us to are critical to establishing music licensing the serious problems that exist between the start honoring that promise again: to rules that bear some resemblance to a free business community and the music licensing return power to State and local govern- market system. societies—ASCAP, BMI, and SESAC. In addition to our strong support for your As you know, your legislation represents ments which are close to and more sen- bill, I also urge you and your cosponsors to major concessions by the business commu- sitive to the needs of the people. block any copyright-related legislation in nity and is different from S. 1137, the Fair- The 104th Congress and in particular, the Senate that does not incorporate music ness in Musical Licensing Act of 1995. More the Unfunded Mandates Reform Act, licensing reforms. It would be unconscion- importantly, however, you measure address- started to shift power out of Wash- able for Congress to enact any measures that es many of the issues that are of great sig- ington by returning it to our States enhance the economic clout of the music li- nificance to restaurateurs throughout the censing monopolies without first correcting country. These include: and to the American people. Today we their abusive business practices. In the view Allowing for a logical expansion of current continue that process. of religious broadcasters, the current system law to allow small businesses to play inci- The 10th Amendment Enforcement essentially forces Christian radio stations to dental music on radios and TVs without vio- Act of 1996 will return power to the indirectly subsidize immoral, violent and lating federal copyright law. States and to the people by placing sexually explicit entertainers—entertainers Giving businesses the right to arbitrate fee safeguards in the legislative process, who reap millions in royalties from the un- disputes in local forums rather than being forced to file a lawsuit in New York City. by restricting the power of Federal fair blanket licenses small religious broad- agencies and by instructing the Fed- casters are forced to buy. Please see the at- Requiring music licensors to provide con- tached resolution passed by the NRB Board sumers with full information on the prod- eral courts to enforce the 10th amend- of Directors in February in this regard. uct—the music—they are buying. ment. Thank you again for taking a stand for All of this is done while protecting the The act enforces the 10th amendment fairness in music licensing. In doing so, nine state laws that have been enacted and in five ways: the other 15 states with legislation pending. you’re also making a stand for the positive, First, the act includes a specific con- life-changing power of religious radio. The As you know, S. 1619, introduced by Senator Hatch would preempt all state music licens- gressional finding that the 10th amend- millions of Americans whose lives are en- ment means what it says: The Federal riched every day by religious broadcasts are ing laws. It also, in our opinion, fails to ad- watching this issue very carefully. dress the number of the problems that exist Government has no powers not dele- Sincerely, with the societies including arbitration and gated by the Constitution, and the access to repertoire. E. BRANDT GUSTAVSON, L.L.D., President. States may exercise all powers not Senator, as you know, restaurateurs from withheld by the Constitution; around the country have faced harassment, NATIONAL RETAIL FEDERATION, frivolous lawsuits, and arbitrary and onerous Second, the act states that Federal Washington, DC, March 19, 1996. licensing fees. On behalf of the entire indus- laws may not interfere with State or Hon. HANK BROWN, try, we want to thank you and your staff for local powers unless Congress declares U.S. Senate, Washington, DC. the countless hours you have devoted to DEAR SENATOR BROWN: On behalf of the Na- its intent to do so and Congress cites tional Retail Federation and the 1.4 million reach a reasonable compromise. We fully its specific constitutional authority; U.S. retail establishments, I am writing to support your efforts and will work towards Third, the act gives Members of the support your compromise legislation to enactment of your bill. House and Senate the ability to raise a amend federal copyright law to provide the Sincerely, point of order challenging a bill that nation’s retailers with protection against ELAINE GRAHAM, Senior Director, Government Affairs. lacks such a declaration or that cites the arbitrary pricing, discriminatory en- insufficient constitutional authority. forcement and abusive collection practices of KATY MCGREGOR, music licensing organizations. Legislative Representative.∑ Such a point of order would require a Retailers of all sizes, particularly smaller three-fifths majority to be defeated; establishments in your state, are confronted By Mr. STEVENS (for himself, Fourth, the act requires that Federal daily by costly and unreasonable demands Mr. DOLE, Mr. ABRAHAM, Mr. agency rules and regulations not inter- from music licensing organizations. These BENNETT, Mr. BROWN, Mr. fere with State or local powers without organizations have monopoly power to set COATS, Mr. COCHRAN, Mr. constitutional authority cited by Con- rates and therefore, retailers are frequently gress. Agencies must allow States no- asked to pay outrageous and unfair licensing COVERDELL, Mr. CRAIG, Mr. fees to play music which is only incidental D’AMATO, Mr. FAIRCLOTH, Mr. tice and an opportunity to be heard in to the purpose of their business. GRAMS, Mr. GREGG, Mr. HATCH, the rulemaking process; Under your legislation, business establish- Mr. HELMS, Mrs. HUTCHISON, Fifth, the act directs courts to strict- ments that use radio or TV music with less Mr. INHOFE, Mr. INOUYE, Mr. ly construe Federal laws and regula- than 5,000 square feet of public space would KEMPTHORNE, Mr. KYL, Mr. tions that interfere with State powers, be exempt from licensing fees as long as the NICKLES, Mr. SIMPSON, Mr. with a presumption in favor of State music was purely background or incidental authority and against Federal preemp- to the purpose of the business, and cus- SMITH, and Mr. THOMPSON): tomers were not charged a fee to listen to S. 1629. A bill to protect the rights of tion. the music. While not all retailers are covered the States and the people from abuse Before the bill was even introduced, I under this compromise, we believe it rep- by the Federal Government; to received letters of support from many resents significant progress. Your bill also strengthen the partnership and the Governors and attorneys general—men gives businesses the right to arbitrate fee intergovernmental relationship be- and women from across the Nation and disputes in local forums rather than being tween State and Federal governments; from both parties who support our ef- forced to file lawsuits in New York and re- to restrain Federal agencies from ex- forts to return power to the States and quires music licensors to provide consumers ceeding their authority; to enforce the to the people. with full information about the music they are purchasing. 10th amendment to the Constitution; Mr. President, I ask unanimous con- Thank you for your leadership on behalf of and for other purposes; to the Com- sent that the text of the bill and let- America’s Main Street. Your efforts and mittee on Governmental Affairs. ters from Governors Allen, Bush,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2437 Engler, Leavitt, Merrill, Racicot, SEC. 4. POINT OF ORDER. of that preemption, the rule or regulation Cayetano, and Thompson, and from At- (a) IN GENERAL.— shall not be construed to preempt any State torneys General Bronster, Condon, and (1) INFORMATION REQUIRED.—It shall not be or local government law, ordinance or regu- in order in either the Senate or House of lation. Norton be included in the RECORD. Representatives to consider any bill, joint ‘‘(e) Each executive department or agency The PRESIDING OFFICER. Without resolution, or amendment that does not in- or independent agency shall publish in the objection, it is so ordered. clude a declaration of Congressional intent Federal Register a plan for periodic review of (See exhibit 1.) as required under section 3. the rules and regulations issued by the de- Mr. STEVENS. Mr. President, as the (2) SUPERMAJORITY REQUIRED.—The require- partment or agency that preempt, in whole Supreme Court has stated, ments of this subsection may be waived or or in part, State or local government powers. just as the separation and independence of suspended in the Senate or House of Rep- This plan may be amended by the depart- the coordinate branches of the Federal Gov- resentatives only by the affirmative vote of ment or agency at any time by publishing a ernment serves to prevent the accumulation three-fifths of the Members of that House revision in the Federal Register. of excessive power in any one branch, a duly chosen and sworn. An affirmative vote ‘‘(1) The purpose of this review shall be to healthy balance of power between the States of three-fifths of the Members of the Senate determine whether and to what extent such and the Federal Government will reduce the or House of Representatives duly chosen and rules are to continue without change, con- risk of tyranny and abuse from either front. sworn shall be required to sustain an appeal sistent with the stated objectives of the ap- of the ruling of the chair on a point of order plicable statutes, or are to be altered or re- The 10th Amendment Enforcement raised under this subsection. pealed to minimize the effect of the rules on Act of 1996 will prevent overstepping by (b) RULE MAKING.—This section is en- State or local government powers.’’. all three branches of the Federal Gov- acted— (b) Any Federal rule or regulation promul- ernment, and will focus attention on (1) as an exercise of the rule-making power gated after January 1, 1997, that is promul- what State and local officials have of the Senate and House of Representatives, gated in a manner inconsistent with this sec- been advocating for so long: the need and as such, it is deemed a part of the rules tion shall not be binding on any State or to return power to the States and to of the Senate and House of Representatives, local government, and shall not preempt any the people. but is applicable only with respect to the State or local government law, ordinance, or matters described in sections 3 and 4 and su- regulation. EXHIBIT 1 persedes other rules of the Senate or House (c) CONFORMING AMENDMENT.—The table of S. 1629 of Representatives only to the extent that sections for chapter 5 of title 5, United Be it enacted by the Senate and House of Rep- such sections are inconsistent with such States Code, is amended by adding after the resentatives of the United States of America in rules; and item for section 559 the following: Congress assembled, (2) with full recognition of the Constitu- ‘‘§ 560. Preemption of State Law.’’. tional right of the Senate or House of Rep- SECTION 1. SHORT TITLE. SEC. 6. CONSTRUCTION. resentatives to change such rules at any This act may be referred to as the ‘‘Tenth (a) No statute, or rule promulgated under time, in the same manner as in the case of Amendment Enforcement Act of 1996.’’ such statute, enacted after the date of enact- any rule of the Senate or House of Rep- SEC. 2. FINDINGS. ment of this Act, shall be construed by resentatives. The Congress finds that— courts or other adjudicative entities to pre- (a) in most areas of governmental concern, SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. empt, in whole or in part, any State or local State governments possess both the Con- (a) IN GENERAL.—Chapter 5 of title 5, government law, ordinance or regulation un- stitutional authority and the competence to United States Code, is amended by inserting less the statute, or rule promulgated under discern the needs and the desires of the Peo- after section 559 the following new section: such statute, contains an explicit declara- ple and to govern accordingly; ‘‘SEC. 560. PREEMPTION OF STATE LAW. tion of intent to preempt, or unless there is (b) Federal laws and agency regulations, ‘‘(a) No executive department or agency or a direct conflict between such statute and a which have interfered with State powers in independent agency shall construe any stat- State or local government law, ordinance, or areas of State jurisdiction, should be re- utory authorization to issue regulations as regulation, such that the two cannot be rec- stricted to powers delegated to the Federal authorizing preemption of State law or local onciled or consistently stand together. Government by the Constitution; ordinance by rule-making or other agency (b) Notwithstanding any other provision of (c) the framers of the Constitution inaction unless— law, any ambiguities in this Act, or in any tended to bestow upon the Federal Govern- ‘‘(1) the statute expressly authorizes other law of the United States, shall be con- ment only limited authority over the States issuance of preemptive regulations; and strued in favor of preserving the authority of and the People; ‘‘(2) the executive department, agency or the States and the People. (d) under the Tenth Amendment to the independent agency concludes that the exer- (c) If any provision of this Act, or the ap- Constitution, the powers not delegated to cise of State power directly conflicts with plication thereof to any person or cir- the United States by the Constitution, nor the exercise of Federal power under the Fed- cumstance, is held invalid, the validity of prohibited by it to the States, are reserved eral statute, such that the State statutes the remainder of the Act and the application to the States respectively, or to the people; and the Federal rule promulgated under the of such provision to other persons and cir- (e) the courts, which have in general con- Federal statute cannot be reconciled or con- cumstances shall not be affected thereby. strued the Tenth Amendment not to restrain sistently stand together. the Federal Government’s power to act in ‘‘(b) Any regulatory preemption of State STATE OF UTAH, areas of State jurisdiction, should be di- law shall be narrowly tailored to achieve the OFFICE OF THE GOVERNOR, rected to strictly construe Federal laws and objectives of the statute pursuant to which Salt Lake City, March 18, 1996. regulations which interfere with State pow- the regulations are promulgated and shall Hon. TED STEVENS, ers with a presumption in favor of State au- explicitly describe the scope of preemption. Chairman, Government Affairs Committee, thority and against Federal preemption. ‘‘(c) When an executive branch department U.S. Senate, Washington, DC. SEC. 3. CONGRESSIONAL DECLARATION. or agency or independent agency proposes to DEAR MR. CHAIRMAN: Thank you for your (a) On or after January 1, 1997, any statute act through rule-making or other agency ac- recent correspondence sharing with me your enacted by Congress shall include a declaration to preempt State law, the department proposal to strengthen the 10th Amendment tion— or agency shall provide all affected States by requiring the federal government to re- (1) that authority to govern in the area ad- notice and an opportunity for comment by strict its legislative and regulatory activi- dressed by the statute is delegated to Con- duly elected or appointed State and local ties to those powers delegated to it under the gress by the Constitution, including a cita- government officials or their designated rep- Constitution. tion to the specific Constitutional authority resentatives in the proceedings. As you know, I have spent a great deal of relied upon; ‘‘(1) The notice of proposed rule-making time over the past few years working on 10th (2) that Congress specifically finds that it must be forwarded to the Governor, the At- Amendment issues, and I am very supportive has a greater degree of competence than the torney General and the presiding officer of of your proposed legislation. As I have stud- State to govern in the area addressed by the each chamber of the Legislature of each ied the history of the 10th Amendment, it statute; and State setting forth the extent and purpose of has become clear to me that we must act (3) if the statute interferes with State pow- the preemption. In the table of contents of overtly to strengthen this important precept ers or preempts any State or local govern- each Federal Register, there shall be a sepa- of the Constitution, or it will continue to ment law, regulation or ordinance, that Con- rate list of preemptive regulations contained erode away. gress specifically intends to interfere with within that Register. Let me provide some background on why I State powers or preempt State or local gov- ‘‘(d) Unless a final executive department or believe this is so important. The founders of ernment law, regulation, or ordinance, and agency or independent agency rule or regula- our country attempted to carefully balance that such preemption is necessary. tion contains an explicit provision declaring power between the competing interests of (b) Congress must make specific factual the Federal government’s intent to preempt the states and the national government. findings in support of the declarations de- State or local government powers and an ex- They worried that the national government scribed in this section. plicit description of the extent and purpose might gain too much power, so they gave

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2438 CONGRESSIONAL RECORD — SENATE March 20, 1996 states tools, or rules, that if followed would court decisions over the past 60 years have own federal government, which has ignored maintain the healthly tension necessary to rendered the 10th Amendment nearly mean- virtually every constitutional limit fash- protect self-governance by the people and ingless. It would barely be recognizable by ioned by the framers to confine its reach and prevent any level of government from over- the founders. States did not defend or guard thus to guard the freedoms of the people. stepping its bounds. it properly and it no longer protects states. In our day, the threat to self-determina- Among those rules or tools given to states States gave away the power to have their tion posed by the centralization of power in were these: U.S. senators directly accountable to state the nation’s capital has been dramatically The 10th Amendment, which reserved any legislatures. There was good reason for this, demonstrated. Under my administration, power not specifically delegated to the na- as graft and corruption sometimes occurred Virginia has challenged the constitutional government to the states and the peo- in the appointment of senators by legisla- tionality of federal mandates in court, and I ple. Clearly, the founders intended the na- tures. States ratified the 17th Amendment have testified before the Congress in support tional government to stay within the bounds making senators popularly elected, and citi- of restoring powers to the States and the of duties enumerated in the Constitution. zens should not be asked to give up the right people. The election of U.S. senators by state leg- to elect their senators. But while it does not The legislation you are proposing will help islatures. Having senators directly account- make sense to try to restore that tool, it the States and the people regain preroga- able to state legislatures would keep the na- should be replaced with something else more tives usurped by an overbearing federal gov- tional government in check. If the national workable. ernment. I wholeheartedly support your ef- government centralized authority or passed The ability of states to initiate constitu- forts and would be pleased to work with you bills disliked by the states, legislatures tional amendments has never been used and to highlight the impact of federal intrusion could call their senators in for an account- is essentially unworkable. Clearly, the in Virginia. ing. It would not be likely for the Congress founders intended for state leaders to be able With kind personal regards, I remain, to usurp state authority if senators owed to initiate amendments as a check on federal Sincerely, their political lives to state legislatures. The power, but it has never happened and likely GEORGE ALLEN. power was carefully balanced and the tension never will. The Congress sits as a constitu- was healthy. tional convention every day it is in session, STATE OF MICHIGAN, The ability of state legislatures to initiate and can propose constitutional amendments OFFICE OF THE GOVERNOR, constitutional amendments. This also would any time it desires. But many citizens have Lansing, MI, March 19, 1996. keep the national government in check be- an enormous fear of state leaders coming to- Hon. TED STEVENS, cause if it got out of line the states could gether to do the same thing, even though U.S. Senate, take action to rein it in. It is clear that the any amendment proposed would require rati- Washington, DC. DEAR SENATOR STEVENS: I am writing in founders intended state leaders to have the fication by three-fourths of states. Thus, this support of the Tenth Amendment Enforce- ability to initiate constitutional amend- tool provided by the founders has become im- ment Act of 1996, which I understand you in- ments. practical and does not protect states from tend to introduce this week. Congressional The sense that state leaders would rise in federal encroachment. action of this type is necessary to restore indignation and band together to oppose con- The fourth tool was the founders’ belief vigor to this often-neglected provision of our gressional centralization of authority and that state leaders would jealously guard constitution and I wholeheartedly support usurpation of power. In Federalist 46, James their role in the system and rise up in oppo- Madison predicted that ‘‘ambitious en- your effort to do so. sition to federal intrusions. That has not Congress has over the years run roughshod croachments of the federal government on happened, especially as state governments over state concerns and prerogatives and has the authority of the state governments . . . have become dependent on federal dollars generally lost sight of the fact that ours is a would be signals of general alarm. Every and have been willing to give up freedom for federal system of government. In that sys- government would espouse the common money. States have proven themselves to be tem, the federal government has only those cause . . . plans of resistance would be con- politically anemic. Instead of mobilizing powers specifically delegated to it and enu- certed.’’ States would react as though in against federal encroachments, state leaders merated in the constitution, with the bal- danger from a ‘‘foreign yoke,’’ he suggested. have spent their time lobbying for money ance remaining with the states or the people. Those were some of the tools the founders and hoping for flexibility. Too often in our recent history the federal put in place to safeguard the roles of both Thus, it is no wonder that states have lit- government has ignored the meaning of the levels of government and to prevent either tle true clout as budget cuts are made and as Tenth Amendment in a mad rush to impose from becoming too dominant. the pie is being divided in Washington D.C. a one-size-fits-all approach in areas of tradi- It would likely be a matter of some bitter- There is no healthy tension. States have no tional state and local concern. This approach ness and disappointment to the founders if tools or rules to protect themselves. What is stifles innovation and takes the policy de- they were to return today to see what hap- passing for federalism in Washington today bate further from the people by centralizing pened to the finely-crafted balance, the is not a true sharing of power, but a subcon- decision-making in Washington, D.C. healthy tension that they built into the Con- tracting of federal programs to states. The A recent example of federal intrusion into stitution. As they see a national government federal government is merely delegating, not a matter best left to the states is the Motor that dictates to states on nearly every issue devolving true authority. Voter law, which imposes an unfunded man- and that is involved in every aspect of citi- Because the tools protecting states have date on the states to offer voter registration zens’ lives, they might wonder what hap- been rendered ineffective, it is important services at state social services offices. pened to those tools and rules they estab- that Congress replace them with new Michigan must comply with this require- lished to maintain balance. versions that accomplish what the Founders ment even though nearly 90 percent of its el- The sad fact is that each one of those tools intended. That is why I am so supportive of igible population is already registered to has either been eroded away, given away, or your Tenth Amendment Enforcement Act. It vote. In fact, Michigan demonstrated the rendered impossible to use. Thus, today would help prevent all three branches of the states’ superior ability to craft innovative there does not exist any restraint to prevent federal government from overstepping their solutions in areas such as this when it initi- the national government from taking advan- constitutional authority and would help re- ated the motor voter concept some 21 years tage of the states. To their credit, leaders of store the careful balance put in place by the ago by offering voter registration services at the Republican Congress have gone out of Founders. Secretary of State branch offices. The impo- their way to involve governors in important I thank you for your efforts to return sition of a federal ‘‘solution’’ in this area ig- decisions. But there is nothing permanent in power to the states and to the people. Please nores the fact that states are better posi- that relationship. With a change in leader- count me among the supporters of this legis- tioned to address the needs of their citizens ship, state leaders could easily be relegated lation. and can do so without prodding from the fed- to their past status as lobbyists and special Sincerely, eral government. interest groups. Over the past several dec- MICHAEL O. LEAVITT, The Tenth Amendment Enforcement Act of ades, they have had to approach Washington Governor, State of Utah. 1996 will help restore the balance to our fed- hat in hand, hoping and wishing that Con- eral system that the framers of the constitu- gress will listen to them. There has been no COMMONWEALTH OF VIRGINIA, tion intended. It will do so by requiring con- balance of power, no full partnership in a OFFICE OF THE GOVERNOR, gress to identify specific constitutional au- federal-state system. States must accept March 12, 1996. thority for the exercise of federal power. whatever the Congress gives them. States Hon. TED STEVENS, This will have the salutary effect of remind- have no tools, no rules, ensuring them an Member, U.S. Senate, Chairman, Committee on ing the congress that it can legislate only equal voice. Governmental Affairs, Washington, DC. pursuant to an enumerated power in the con- Let’s look at what happened to those tools DEAR TED: Thank your for your letter restitution. Requiring congress to state its in- and rules the founders so carefully provided garding the Tenth Amendment Enforcement tention to preempt existing state or federal to ensure balance. Act of 1996. law or interfere with state power should as- The 10th Amendment has been eroded to Two centuries ago, the challenge to indi- sist in limiting the intrusion the federal the point that in the minds of most Wash- vidual liberty came from an arrogant, over- Motor Voter law exemplifies. ington insiders it barely exists. The prepon- bearing monarchy across the sea. Today, I recently offered amendments to the Na- derance of congressional action and federal that challenge comes all too often from our tional Governors’ Association’s policy on

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state-federal relations that the governors As Governor of the State of Wisconsin, I STATE OF TEXAS, adopted at our 1996 winter meeting. That have always been a firm believer that legis- OFFICE OF THE GOVERNOR, policy calls upon Congress to ‘‘limit the lation is a far better course of action than February 27, 1996. scope of its legislative activity to those litigation. Your bill would do away with Hon. TED STEVENS, areas that are enumerated and delegated to needless regulation, infringement of states’ U.S. Senate Committee on Governmental Affairs, the federal government by the constitution.’’ abilities to provide quality services to its Washington, DC. The Tenth Amendment Enforcement Act of residents’, and encourage local decision DEAR SENATOR STEVENS: I strongly support 1996 will help reinvigorate this fundamental making opportunities. your legislation, the Tenth Amendment En- constitutional principle and for that reason The Tenth Amendment Enforcement Act of forcement Act of 1996. enjoys my full support. I applaud your efforts and hope to see this 1996 would prevent confusion between the Sincerely, bill’s passage this year. three branches of government and would JOHN ENGLER, Sincerely, keep the pressure on Washington to address Governor. GEORGE W. BUSH. the concerns Governors have been advocating for years; the need to return power to OFFICE OF THE GOVERNOR, STATE OF SOUTH CAROLINA, the states and to the people. STATE OF MONTANA, OFFICE OF THE ATTORNEY GENERAL, Helena, MT, March 6, 1996. Again, I would like to take this oppor- Columbia, SC, March 14, 1996. Hon. TED STEVENS, tunity to thank you for your support on this Hon. TED STEVENS, Chairman, U.S. Senate Committee on Govern- important legislative matter. Please do not U.S. Senate, mental Affairs, Washington, DC. hesitate to contact me in the future. Washington, DC. DEAR CHAIRMAN STEVENS: I am writing in Sincerely, DEAR SENATOR STEVENS: Please accept this support of your proposed legislation entitled TOMMY G. THOMPSON, letter as a pledge of support for the Tenth the Tenth Amendment Enforcement Act of Governor. Amendment Enforcement Act of 1996, which 1996. I applaud your efforts to protect states you are introducing in the Senate. This is from federal legislation that, while perhaps STATE OF NEW HAMPSHIRE, clearly one of the most important pieces of unintentionally, has had a strangling effect OFFICE OF THE GOVERNOR, legislation to come before Congress this on the states’ ability to act effectively on be- Concord, NH, February 26, 1996. year. half of their citizens. Hon. TED STEVENS, As attorney general of South Carolina, I The failure to respect states’ rights takes see first-hand the trouble that arises every a variety of forms, from unfunded mandates U.S. Senate, Chairman, Committee on Govern- mental Affairs, Washington, DC. time the federal government oversteps its to complex requirements that prohibit states boundaries and intrudes on states’ rights. In from adopting innovative programs to solve DEAR SENATOR STEVENS: Thank you for fact, South Carolina can claim one of the problems that may be unique to the state or your letter outlining your introduction of most egregious examples of the federal gov- region. I am sure it is difficult to determine the Tenth Amendment Enforcement Act of ernment meddling in states’ affairs with dis- which functions the federal government 1996. I am pleased to offer my strong endorse- astrous results. should properly manage and which should be ment of this piece of legislation. Several years ago, when I was a solicitor in left to state or local governments. I think The individual states have seen a continual Charleston, S.C., a local hospital approached most would agree, however, with the intent degradation of their power and sovereignty me with a plea: Help us do something about of the Tenth Amendment—that a better bal- during the past 60 years. Beginning with the crack babies. In increasing numbers, preg- ance must be struck between the federal gov- creation of the welfare state through Presi- nant women were abusing crack cocaine and ernment and each of the states. dent Roosevelt’s New Deal in the 1930’s, the giving birth to addicted newborns, who cry The revitalization of government is essen- federal government has inappropriately and shake uncontrollably, refuse to take tial in these times of declining trust and di- usurped power traditionally left to the food and, too often, ultimately die in inten- minishing respect of its cities. The Tenth states. Issues such as education, crime, com- sive care. Amendment Enforcement Act of 1996 would merce and the environment have been co- Working with the hospital, I developed a make government more responsive to our opted at the federal level. The result is an program to aggressively confront pregnant citizens and help restore the public’s faith in erosion of local control and the creation of a women with the consequences of their drug the policy process. use. Over five years, we presented all preg- I hope your proposal is received well in system of twisted rules and regulations. This nant women who tested positive for cocaine Congress. I know it would be received well in overregulation has stifled State initiatives with a choice: seek drug treatment or face the states. and innovations. The time has come to say arrest and jail time. Sincerely, enough is enough. The program was undeniably successful— MARC RACICOT, In the State of New Hampshire, many ex- until the federal government intervened. Governor. amples exist of federal overreaching. The Without offering any reasonable alternative most telling of these is our continuing at- solutions for saving these crack babies, fed- STATE OF WISCONSIN, tempts at reforming welfare. Our ambitious eral officials came to Charleston and yowled OFFICE OF FEDERAL/STATE RELATIONS, program would end welfare as we know it, about discrimination and privacy rights. Washington, DC, March 5, 1996. putting people into the workforce. It is based When we refused to back down, they resorted Hon. TED STEVENS, upon the simple notion that those who are to blackmail. They continued with the pro- Chairman, Rules & Administration Committee, able to work for a living should do so. In- gram. U.S. Senate, Washington, DC. stead of collecting a welfare check, individ- So, now, once again, these crack babies cry DEAR CHAIRMAN STEVENS: I am writing you uals would receive unemployment benefits unconsolably in Charleston—thanks to the in support of legislation that you intend to and job training. The result would be a moti- federal government’s intrusion where is has introduce in your committee regarding the vated workforce, properly trained and pre- Tenth Amendment. Your vision in regard to no business. pared to sustain themselves instead of ac- There are myriad other examples of ways this delegation of powers should be com- cepting government largesse. Unfortunately, mended. Our founding fathers would applaud the federal government ignores the 10th the federal government has gone out of its amendment—with effects that would be your courageous efforts. way to hinder our efforts. New Hampshire is As you know, the Tenth Amendment re- laughable if they didn’t do so much harm. A not alone in this fight. Each state has a sampling: stricts the federal government’s legislative similar story to tell. and regulatory activities to those powers The Hunley. The federal government delegated to the federal government under Liberty is defined by American Heritage as claims it owns the H.L. Hunley because it the U.S. Constitution. the ‘‘condition of being free of restriction or won the Civil War. However, the first sub- Since I have held elective office I have al- control.’’ It is clear that this definition does marine to sink another vessel lies on soil ways been a staunch supporter of States not relate to our current set of cir- that belonged to the state of South Carolina Rights’ and a firm believer that decisions are cumstances. The individual states are the even before the United States came into ex- best made at the local level. Your bill identi- engines of democracy, pushing new and existence. Although common and maritime fies the problems associated with the lack of citing concepts which enrich the country as law, as well as state and federal statutes, enforcement of the Tenth Amendment at a whole. The states have been thwarted in point to South Carolina’s ownership of the present and aims to amend some of these in- their efforts to accomplish this. The time sunken submarine, the federal government’s consistencies. has come to reassert the authority of the insistence on interfering in South Carolina Under the Tenth Amendment, federal laws Tenth Amendment and to return power back affairs will cost all of the nation’s taxpayers. may not interfere with state or local powers to the states and to the individual where it Worse, its meddling in this matter has unless Congress declares its intent to do so, belongs. I believe that the Tenth Amend- caused this war treasure to sit at the bottom and Congress cites its specific constitutional ment Enforcement Act of 1996 will do this of the Atlantic Ocean, rusting away, until authority. Allowing Members of Congress to and strongly support its passage. the issue can be resolved with the federal challenge future legislation that attempts to Very truly yours, government. supersede the Tenth Amendment in my opin- STEPHEN MERRILL, The Citadel. Traditionally, education has ion would be beneficial. Governor. been a province of the states. And polls show

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2440 CONGRESSIONAL RECORD — SENATE March 20, 1996 that the majority of South Carolinians— time failing to serve any significant federal environmental problems, from our quality both male and female—want the option of interests. problems to hazardous waste cleanups. The single-gender education offered by The Cita- In my fourteen month tenure as Attorney states are diligently working to solve these del. But the federal government thinks it General of Hawaii, examples of important problems, while taking into account local knows what’s best for South Carolinians and state policies which were frustrated by pre- needs and concerns. Federal interference is trying to destroy an outstanding edu- emption rulings made by the federal courts with state efforts often results in less protec- cational environment that South Carolinians include the striking down of Hawaii’s em- tion to the environment and less experimen- overwhelmingly support. ployment disability discrimination laws as tation by the states. Tobacco regulation. The Food and Drug applied to airline pilots, see Aloha Islandair For example, in 1994, Colorado passed legis- Administration is trampling on states’ turf v. Tseu, Civ. No. 94–00937 (D. Haw. 1995), ap- lation which was intended to encourage busi- with its new proposals for regulating ciga- peal filed, C.A. No. 95–16656 (9th Cir.), the nesses to perform voluntary audits of their rettes and chewing tobacco. Perhaps its sil- overturning of state labor department dis- environmental compliance and to promptly liest demand is that all advertising label cretion to bar preexisting condition limita- correct any violations found. In exchange for cigarettes as ‘‘a nicotine-delivery device.’’ tions in state-wide employee health care these voluntary efforts, state regulators will The fact is, Congress has not given the FDA plans, Foodland Super Market v. Hamada, Civ. not impose penalties for the violations. This power to regulate tobacco except in limited No. 95–00537 (D. Haw. 1996), appeal filed (9th program, which will be of great benefit to instances. Everything else is up to the Cir.), and the nullification of a state law the environment, is severely hampered by states—at least, it’s supposed to be. We know merely asking the State’s two major news- the federal Environmental Protection Agen- the laws in South Carolina, and we can en- papers, granted the privilege of doing busi- cy’s refusal to give the same assurances, force them without Washington’s ‘‘help.’’ ness under a joint operating agreement with that is, to refrain from prosecuting compa- Garnishment of wages. The federal govern- antitrust immunity, to turn over their tax nies that voluntarily report and correct vio- ment is threatening to sue South Carolina returns to the state Attorney General, for lations. for not complying with a federal law that au- subsequent disclosure to the United States Another example of EPA hindering state thorizes the garnishment of wages of people Justice Department, in order to assess the efforts at experimentation concerns Colo- who get behind on student loans. The prob- economic consequences of, and the news- rado’s attempts to put in place a unique lem is, the law contains no express provision papers’ continued need for, the antitrust im- water quality testing program. Colorado was applying its terms to state government. In munity, see Hawaii Newspaper Agency v. one of the first states to attempt to employ fact, its language attempts to override state Bronster, Civ. No. 95–00635 (D. Haw. 1996), ap- a different biomonitoring test. Rather than laws altogether. It provides no clear direc- peal filed, C.A. No. 96–15142 (9th Cir.). encouraging these efforts, EPA continuously tion to state governments, but now we’re Enactment of the TAEA would be a signifi- rejected Colorado’s regulation implementing faced with the possibility of defending South cant step in reversing this disturbing trend, the program until the state rule was drafted Carolina in a suit. and would help restore state direction over to be word-for-word like a comparable fed- Motor Voter. South Carolina is one of areas of predominant, if not exclusive, state eral regulation. seven states to challenge the ‘‘Motor Voter’’ concern. Under the TAEA (Section 6), pre- Another example in the area of the envi- law that allows people to register to vote emption would only occur when Congress has ronment concerns air quality. Our state has when they obtain a driver’s license. The explicitly stated that a given area is pre- been developing strategies to deal with air issue is not easy and accessible registration; empted. This would curtail the potentially quality issues for years. But our problems we already have that in place. The issues are unlimited sweep of the ‘‘implied preemp- and solutions are unique since Colorado is a the rights of sovereign states and unfunded tion’’ doctrine, and ideally result in a more high elevation state. A federal ‘‘one size fits federal mandates. The federal government narrowly construed ‘‘express preemption.’’ all’’ approach does not work here. The Envi- demanded that South Carolina spend a mil- Although certain provisions of the TAEA ronmental Protection Agency’s answer—a lion dollars to expand its voter registration may pose procedural difficulties, or raise centralized emissions testing program—has program—without giving the state a dime. some questions of interpretation, I support created large implementation costs and re- Then, when we began to implement the pro- the overall effect of, and goals behind, the duced state flexibility in addressing pollu- gram, the Justice Department demanded TAEA, and specifically endorse Section 6, tion problems. Even though Colorado drivers that the state contact all the people who which would do much to minimize unwar- will expend hundreds of millions of dollars in theoretically could have registered while we ranted preemption of state actions. I would, testing costs over the next few years, State were in litigation. And it ordered a monthly however, broaden the language of Section officials have no practical alternatives if the report on our progress. This micro-manage- 6(a) to clarify that federal law shall not pre- program does not work or if better solutions ment of state business by the federal govern- empt ‘‘State or local government law, ordi- are discovered. Another example of federal intrusion into ment should be an outrage to all U.S. citi- nance, regulation, or action,’’ unless the matters of state concern arose recently in zens. statute explicitly declares an intent to pre- In closing, the legislation you are pro- Colorado with regard to the Medicaid pro- empt. This should ensure that all types of posing promises a meaningful solution to the gram. As you know, Congress’ 1993 change to state action, including, for example, state federal government’s continued disregard of the Hyde Amendment made federal funds discretionary administrative actions not the 10th Amendment. Count me in as an en- available for abortions terminating preg- commanded by any rule or statute, are not thusiastic supporter of the bill, and let me nancies resulting from rape and incest, but preempted without express congressional know of anything I can do to promote its did not require that States pay for any abor- statement of intent to do so. passage. tions. However, an official at the federal Thank you for your support of these crit- With kindest personal regards, Health Care Financing Administration wrote ical state interests. CHARLES MOLONY CONDON, a letter concluding that states must pay for Very truly yours. Attorney General. the disputed abortions. Based solely upon MARGERY S. BRONSTER, this letter, and without any change in fed- Attorney General. STATE OF HAWAII, eral statutes or regulations, several federal DEPARTMENT OF THE ATTORNEY appellate courts have required States to pay STATE OF COLORADO, DEPARTMENT GENERAL, for these procedures, notwithstanding state OF LAW, OFFICE OF THE ATTORNEY Honolulu, HI, March 4, 1996. laws to the contrary. GENERAL, HON. TED STEVENS, Colorado state officials are in an impos- Denver, CO, March 15, 1996. U.S. Senator, Chairman, Committee on Govern- sible dilemma because our state constitution Re Tenth Amendment Enforcement Act mental Affairs, Washington, DC. forbids the use of public funds to pay for DEAR SENATOR STEVENS: As the Attorney Hon. TED STEVENS, these procedures. To avoid violating the General for the State of Hawaii, I am writing U.S. Senate, Hart Senate Office Building, state constitution but still be consistent to express my strong support for the Tenth Washington, DC. with federal mandates, state officials must Amendment Enforcement Act of 1996 DEAR SENATOR STEVENS: I am writing to either (1) withdraw from the Medicaid pro- (‘‘TAEA’’). express my strong support for the proposed gram and forfeit hundreds of millions of dol- There have been far too many instances in Tenth Amendment Enforcement Act of 1996. lars in federal funds, thereby denying thou- which federal laws impede, interfere with, or The proposal is an important part of the con- sands of low income Colorado residents ac- nullify state legislative or administrative tinuing effort to return to the States mat- cess to needed medical care or (2) face con- actions to the detriment of the interests of ters which properly belong within their con- tempt citations from federal judges. This the people of Hawaii. This has occurred in trol. problem could have been avoided if federal large part because the federal courts have Every state has a vast number of examples officials clearly understood their own re- given much congressional legislation very of federal laws and regulatory actions which sponsibility to protect state prerogatives. broad preemptive scope, in many cases far have interfered with state powers and objec- The federal ‘‘motor voter’’ law presents a beyond what it appears Congress itself in- tives. I will mention just a few examples different type of intrusion. This law doesn’t tended. These preemption rulings have pre- from Colorado. treat States just like the private sector, it vented the states from enforcing and imple- The federal government has been espe- actually imposes special burdens simply be- menting needed state policies in areas of tra- cially intrusive into state affairs in the area cause they are States. As the Supreme Court ditional state concern, while at the same of the environment. The country faces many recognized in Oregon v. Mitchell, 400 U.S. 112

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2441 (1970), it is peculiarly the right of States to The Women’s Shelter in Rochester, abuser’s name, and acts of the abuser establish the qualifications of voters in state MN, was told that it was considered would cause the victim to lose cov- elections. In the absence of a constitutional uninsurable because its employees are erage. violation such as an outright denial of the almost all battered women. This legislation also keeps victims’ right to vote, the States should have control over voter registration. This sort of un- Another shelter in rural Minnesota information confidential by prohib- funded mandate is simply not justified, par- purchased a car so that women and iting insurers from improperly using, ticularly since even though this law unques- children in danger who were trying to disclosing, or transferring abuse-re- tionably interferes with the States’ internal leave an abusive situation could use lated information for any purpose un- affairs, it has not appreciably increased this anonymous vehicle and thus the related to the direct provision of turnout at the polls. abuser could not track their auto- health care services. The Tenth Amendment Enforcement Act mobile to find them. The shelter could Mr. President, insurance companies helps turn the tide in favor of State preroga- not find a company to provide them tives. Particularly noteworthy is the pro- should not be allowed to discriminate posal’s focus upon agency rulemaking. This with automobile insurance once the against anyone for being a victim of is important in two respects. First, many of companies knew of the risks sur- domestic violence. We may never know the most intrusive instances of federal pre- rounding battered women. the full extent of the problem, but it is emption come not by virtue of congression- A woman in Iowa named Sandra was grossly unfair practice and should be ally-enacted legislation, but through exten- denied life insurance after the com- prohibited. sive regulations promulgated by administra- pany found out that she had been beat- I ask unanimous consent that the tive agencies and expanding upon the con- en up twice. In one incident, she had full text of the bill be printed in the gressional authorization. been so badly beaten by an ex-boy- Second, statutes seeking to limit subse- RECORD. quent congressional enactments are of lim- friend that her cheekbones were splin- There being no objection, the bill was ited efficacy, since each subsequent Congress tered, and one of her eyes had to be put ordered to be printed in the RECORD, as is not bound by the acts of its predecessors. back in its socket. Her mother, Mary, follows: However, focusing upon the regulatory proc- was the one who originally applied for S. 1630 ess does not present this problem. My only the life insurance policy, explaining Be it enacted by the Senate and House of Rep- suggestion would be to include a review or I didn’t ask for a lot of coverage. I just sunset provision requiring every agency to resentatives of the United States of America in wanted to apply for thousand dollar cov- Congress assembled, ensure that all of its current rules comply erage, just enough that if something hap- with this new requirement by some date cer- pened, God forbid, that we could at least SECTION 1. SHORT TITLE. tain, or risk having them invalidated. This bury her. This Act may be cited as the ‘‘Victims of would ensure that agencies review the nu- Abuse Insurance Protection Act’’. Mary was angry about the denial, so merous existing federal regulations cur- SEC. 2. DEFINITIONS. rently impinging upon Tenth Amendment she wrote to State officials and the Iowa Insurance Commissioners Office As used in this Act: values—which is, after all, what led to this (1) The term ‘‘abuse’’ means the occurrence proposal. tried to intervene on their behalf. In of one or more of the following acts between I appreciate your willingness to carry this four separate letters, the insurance household or family (including in-laws or ex- proposal forward, and encourage you to con- company officials stated they denied tended family) members, spouses or former tinue your efforts to restore a proper balance the coverage because of a history of as- spouses, or individuals engaged in or for- in our federal system. merly engaged in a sexually intimate rela- Sincerely, saults. In one letter they defended their decision by citing numerous doc- tionship: GALE A. NORTON, (A) Attempting to cause or intentionally, Colorado Attorney General. uments which showed that people involved in domestic violence incidents knowingly, or recklessly causing another person bodily injury, physical harm, sub- By Mr. WELLSTONE (for himself are at a higher risk of death and injury stantial emotional distress, psychological and Mr. WYDEN): than others, and, therefore, not a good trauma, rape, sexual assault, or involuntary S. 1630. A bill to prevent discrimina- risk. sexual intercourse. tion against victims of abuse in all There are so many stories about vic- (B) Engaging in a course of conduct or re- lines of insurance; to the Committee on tims of domestic abuse being denied peatedly committing acts toward another Labor and Human Resources. fire insurance, homeowners insurance, person, including following the person without proper authority and under cir- THE VICTIMS OF ABUSE INSURANCE PROTECTION life insurance, and health insurance— cumstances that place the person in reason- ACT denied because they were victims of a ∑ able fear of bodily injury or physical harm. Mr. WELLSTONE. Mr. President, I crime. Domestic violence is the leading (C) Subjecting another person to false im- am very pleased to be joined by Sen- cause of injury to women, more com- prisonment or kidnapping. ator RON WYDEN today in introducing mon than auto accidents, muggings, (D) Attempting to cause or intentionally, the Victims of Abuse Insurance Protec- and rapes by a stranger combined. It is knowingly, or recklessly causing damage to tion Act, legislation that will outlaw the No. 1 reason that women go to property so as to intimidate or attempt to discrimination by insurance companies emergency rooms. control the behavior of another person. against the victims of domestic vio- This bill goes a long way toward (2) The term ‘‘abuse-related medical condi- lence in all lines of insurance. treating domestic violence as the tion’’ means a medical condition which arises in whole or in part out of an action or With this legislation, we are trying crime that it is—not a voluntary risky pattern of abuse. to correct an abhorrent practice by behavior that can be easily changed (3) The term ‘‘abuse status’’ means the fact many insurance companies—the denial and not as a preexisting condition. In- or perception that a person is, has been, or of coverage to battered women. It is surance company policies that deny may be a subject of abuse, irrespective of plain, old fashioned discrimination. It coverage to victims only serve to per- whether the person has sustained abuse-re- is profoundly unjust and wrong. And, it petuate the myth that victims are related medical conditions or has incurred is the worst of blaming the victim. De- sponsible for their abuse. abuse-related claims. nying women access to the insurance In order to address the practice of in- (4) The term ‘‘health benefit plan’’ means surers using domestic violence as a any public or private entity or program that they require to foster their mobility provides for payments for health care, in- out of an abusive situation must be basis for determining whom to cover cluding— stopped. and how much to charge with respect (A) a group health plan (as defined in sec- There are many stories of women to health, life, disability, homeowners tion 607 of the Employee Retirement Income who have been physically abused and and auto insurance, this legislation Security Act of 1974) or a multiple employer have sought proper medical care only prohibits insurance companies from welfare arrangement (as defined in section to be turned away by insurance compa- discriminating against victims in any 3(40) of such Act) that provides health bene- nies who said they were too high risk of the following ways: Denying or ter- fits; to insure. minating insurance; limiting coverage (B) any other health insurance arrangement, including any arrangement consisting In Minnesota, three insurance com- or denying claims; charging higher pre- of a hospital or medical expense incurred panies denied an entire women’s shel- miums; or terminating health coverage policy or certificate, hospital or medical ter insurance because, ‘‘as a battered for victims of abuse in situations where service plan contract, or health maintenance women’s shelter, we were high risk.’’ coverage was originally issued in the organization subscriber contract;

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(C) workers’ compensation or similar in- of health coverage required by this para- (b) PRIVATE CAUSE OF ACTION.—An appli- surance to the extent that it relates to work- graph shall be satisfied by any extension of cant or insured claiming to be adversely af- ers’ compensation medical benefits (as de- coverage under part 6 of subtitle B of title I fected by an act or practice of an insurer in fined by the Federal Trade Commission); and or the Employee Retirement Income Secu- violation of this Act may maintain an action (D) automobile medical insurance to the rity Act of 1974 (29 U.S.C. 1161 et seq.) or against the insurer in a Federal or State extent that it relates to medical benefits (as 4980B of the Internal Revenue Code of 1986 court of original jurisdiction. Upon proof of defined by the Federal Trade Commission). provided to a subject of abuse and is not in- such conduct by a preponderance of the evi- (5) The term ‘‘health carrier’’ means a per- tended to be in addition to any extension of dence, the court may award appropriate re- son that contracts or offers to contract on a coverage provided under part 6 of subtitle B lief, including temporary, preliminary, and risk-assuming basis to provide, deliver, ar- of title I or the Employee Retirement In- permanent injunctive relief and compen- range for, pay for or reimburse any of the come Security Act of 1974 (29 U.S.C. 1161 et satory and punitive damages, as well as the cost of health care services unless the person seq.) or 4980B of the Internal Revenue Code costs of suit and reasonable fees for the ag- assuming the risk is accepting the risk from of 1986. grieved individual’s attorneys and expert a duly licensed health carrier. (b) USE OF INFORMATION.— witnesses. With respect to compensatory (6) The term ‘‘insured’’ means a party (1) IN GENERAL.—No insurer may use, dis- damages, the aggrieved individual may elect, named on a policy, certificate, or health ben- close, or transfer information relating to an at any time prior to the rendering of final efit plan as the person with legal rights to applicant’s or insured’s abuse status or judgment, to recover in lieu of actual dam- the benefits provided by the policy, certifi- abuse-related medical condition or the appli- ages, an award of statutory damages in the cate, or health benefit plan. For group insur- cant’s or insured’s status as a family mem- amount of $5,000 for each violation.∑ ance, such term includes a person who is a ber, employer or associate, person in a rela- beneficiary covered by a group policy, cer- tionship with a subject of abuse for any pur- By Mr. PELL: tificate, or health benefit plan. pose unrelated to the direct provision of S. 1631. A bill to authorize the Sec- (7) The term ‘‘insurer’’ means any person, health care services unless such use, disclo- retary of Transportation to issue a cer- reciprocal exchange, interinsurer, Lloyds insure, or transfer is required by an order of an tificate of documentation with appro- entity with authority to regulate insurance surer, fraternal benefit society, or other priate endorsement for employment in legal entity engaged in the business of insur- or an order of a court of competent jurisdic- ance, including agents, brokers, adjusters, tion or by abuse reporting laws. Nothing in the coastwise trade for the vessel Ex- and third party administrators. The term this paragraph shall be construed as limiting treme, and for other purposes; to the also includes health carriers, health benefit or precluding a subject of abuse from obtain- Committee on Commerce, Science, and plans, and life, disability, and property and ing the subject’s own medical records from Transportation. casualty insurers. an insurer. COASTWISE TRADING PRIVILEGES LEGISLATION (2) AUTHORITY OF SUBJECT OF ABUSE.—A (8) The term ‘‘policy’’ means a contract of Mr. PELL. Mr. President, I am intro- insurance, certificate, indemnity, subject of abuse, at the absolute discretion suretyship, or annuity issued, proposed for of the subject of abuse, may provide evidence ducing a bill today to direct that the issuance or intended for issuance by an in- of abuse to an insurer for the limited purpose vessel Extreme, official No. 1022278, be surer, including endorsements or riders to an of facilitating treatment of an abuse-related accorded coastwise trading privileges insurance policy or contract. condition or demonstrating that a condition and be issued a coastwise endorsement (9) The term ‘‘subject of abuse’’ means a is abuse-related. Nothing in this paragraph under 46 U.S.C. 12106 through 12108. person to whom an act of abuse is directed, shall be construed as authorizing an insurer The Extreme is 70.9 feet in length, 18 a person who has had prior or current inju- or health carrier to disregard such provided feet in breadth, has a depth of 10.8 feet, ries, illnesses, or disorders that resulted evidence. and is self-propelled. from abuse, or a person who seeks, may have SEC. 4. REASONS FOR ADVERSE ACTIONS. The purpose of the legislation I am sought, or should have sought medical or An insurer that takes any adverse action psychological treatment for abuse, protec- relating to any plan or policy of a subject of introducing is to allow the Extreme to tion, court-ordered protection, or shelter abuse, shall advise the subject of abuse appli- engage in coastwise trade and fisheries from abuse. cant or insured of the specific reasons for the of the United States. When the owners SEC. 3. DISCRIMINATORY ACTS PROHIBITED. action in writing. Reference to general un- purchased the boat, they were unaware derwriting practices or guidelines does not (a) IN GENERAL.—No insurer or health car- of the coastwise trade and fisheries re- constitute a specific reason. rier may, directly or indirectly, engage in strictions of the Jones Act. They as- any of the following acts or practices on the SEC. 5. LIFE INSURANCE. Nothing in this Act shall be construed to sumed that there would be no restric- basis that the applicant or insured, or any tions on engaging the vessel in such person employed by the applicant or insured prohibit a life insurer from declining to issue a life insurance policy if the applicant or limited operation. Although the vessel or with whom the applicant or insured is prospective owner of the policy is or would was constructed in North Carolina, it known to have a relationship or association, be designated as a beneficiary of the policy, is, has been, or may be the subject of abuse: was built for a foreign customer; thus and if— (1) Denying, refusing to issue, renew or re- it did not meet the coastwise license (1) the applicant or prospective owner of issue, or canceling or otherwise terminating endorsement in the United States. the policy lacks an insurable interest in the an insurance policy or health benefit plan. insured; or Such documentation is mandatory to (2) Restricting, excluding, or limiting in- (2) the applicant or prospective owner of enable the owner to use the vessel for surance or health benefit plan coverage for the policy is known, on the basis of police or its intended purpose. losses as a result of abuse or denying a claim court records, to have committed an act of The owners of the Extreme are there- incurred by an insured as a result of abuse, abuse. fore seeking a waiver of the existing except as otherwise permitted or required by State laws relating to life insurance bene- SEC. 6. SUBROGATION WITHOUT CONSENT PRO- law because they wish to engage the HIBITED. ficiaries. vessel in limited commercial use. Their Except where the subject of abuse has al- desired intentions for the vessel’s use (3) Adding a premium differential to any ready recovered damages, subrogation of insurance policy or health benefit plan. claims resulting from abuse is prohibited will not adversely affect the coastwise (4) Terminating health coverage for a sub- with the informed consent of the subject of trade in U.S. waters. If they are grant- ject of abuse because coverage was originally abuse. ed this waiver, it is their intention to issued in the name of the abuser and the SEC. 7. ENFORCEMENT. comply fully with U.S. documentation abuser has divorced, separated from, or lost (a) FEDERAL TRADE COMMISSION.—The Fed- and safety requirements. custody of the subject of abuse or the abus- eral Trade Commission shall have the power er’s coverage has terminated voluntarily or Mr. President, I ask unanimous con- to examine and investigate any insurer to sent that the text of the bill and my involuntarily and the subject of abuse does determine whether such insurer has been or not qualify for extension of coverage under is engaged in any act or practice prohibited statement be printed in the CONGRES- part 6 of subtitle B of title I or the Employee by this Act. If the Federal Trade Commission SIONAL RECORD. Retirement Income Security Act of 1974 (29 determines an insurer has been or is engaged There being no objection, the bill was U.S.C. 1161 et seq.) or 4980B of the Internal in any act or practice prohibited by this Act, ordered to be printed in the RECORD, as Revenue Code of 1986. Nothing in this para- the Commission may take action against follows: graph prohibits the insurer from requiring such insurer by the issuance of a cease and S. 1631 the subject of abuse to pay the full premium desist order as if the insurer was in violation for the subject’s coverage under the health of section 5 of the Federal Trade Commission Be it enacted by the Senate and House of Rep- plan. The insurer may terminate group cov- Act. Such cease and desist order may include resentatives of the United States of America in erage after the continuation coverage re- any individual relief warranted under the Congress assembled, quired by this paragraph has been in force circumstances, including temporary, pre- SECTION 1. CERTIFICATE OF DOCUMENTATION. for 18 months if it offers conversion to an liminary, and permanent injunctive and Notwithstanding section 27 of the Mer- equivalent individual plan. The continuation compensatory relief. chant Marine Act, 1920 (46 U.S.C. App. 883),

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2443 section 8 of the Act of June 19, 1886 (24 Stat. as cosponsors of S. 1028, a bill to pro- added as cosponsors of S. 1623, a bill to 81, chapter 421; 46 U.S.C. App. 289), and sec- vide increased access to health care establish a National Tourism Board tions 12106 through 12108 of title 46, United benefits, to provide increased port- and a National Tourism Organization, States Code, the Secretary of Transportation ability of health care benefits, to pro- and for other purposes. may issue a certificate of documentation with appropriate endorsement for employ- vide increased security of health care SENATE CONCURRENT RESOLUTION 25 ment in the coastwise trade for the vessel benefits, to increase the purchasing At the request of Ms. SNOWE, the EXTREME, United States official number power of individuals and small employ- name of the Senator from Connecticut 1022278. ers, and for other purposes. [Mr. LIEBERMAN] was added as a co- f S. 1035 sponsor of Senate Concurrent Resolu- ADDITIONAL COSPONSORS At the request of Mr. DASCHLE, the tion 25, a concurrent resolution con- name of the Senator from Vermont cerning the protection and continued S. 582 [Mr. JEFFORDS] was added as a cospon- viability of the Eastern Orthodox Ecu- At the request of Mr. HATFIELD, the sor of S. 1035, a bill to permit an indi- menical Patriarchate. name of the Senator from Wyoming vidual to be treated by a health care SENATE RESOLUTION 117 [Mr. SIMPSON] was added as a cosponsor practitioner with any method of med- of S. 582, a bill to amend title 28, At the request of Mr. ROTH, the name ical treatment such individual re- of the Senator from Virginia [Mr. WAR- United States Code, to provide that quests, and for other purposes. certain voluntary disclosures of viola- NER] was added as a cosponsor of Sen- S. 1129 tions of Federal laws made pursuant to ate Resolution 117, a resolution ex- an environmental audit shall not be At the request of Mr. ASHCROFT, the pressing the sense of the Senate that subject to discovery or admitted into names of the Senator from Iowa [Mr. the current Federal income tax deduc- evidence during a Federal judicial or GRASSLEY] and the Senator from Mis- tion for interest paid on debt secured administrative proceeding, and for sissippi [Mr. COCHRAN] were added as by a first or second home located in the other purposes. cosponsors of S. 1129, a bill to amend United States should not be further re- the Fair Labor Standards Act of 1938 to stricted. S. 684 permit employers to provide for flexi- At the request of Mr. HATFIELD, the ble and compressed schedules, to per- f name of the Senator from Maine [Mr. mit employers to give priority treat- COHEN] was added as a cosponsor of S. ment in hiring decisions to former em- SENATE CONCURRENT RESOLU- 684, a bill to amend the Public Health ployees after periods of family care re- TION 47—RELATIVE TO A JOINT Service Act to provide for programs of sponsibility, to maintain the minimum CONGRESSIONAL COMMITTEE research regarding Parkinson’s disease, wage and overtime exemption for em- Mr. WARNER (for himself and Mr. and for other purposes. ployees subject to certain leave poli- FORD) submitted the following concur- S. 942 cies, and for other purposes. rent resolution; which was considered At the request of Mr. BOND, the name S. 1386 and agreed to: of the Senator from Washington [Mr. At the request of Mr. BURNS, the S. CON. RES. 47 GORTON] was added as a cosponsor of S. name of the Senator from Oklahoma Resolved by the Senate (the House of Rep- 942, a bill to promote increased under- [Mr. INHOFE] was added as a cosponsor resentatives concurring), That a Joint Con- standing of Federal regulations and in- of S. 1386, a bill to provide for soft-met- gressional Committee on Inaugural Cere- creased voluntary compliance with ric conversion, and for other purposes. monies consisting of 3 Senators and 3 Rep- such regulations by small entities, to resentatives, to be appointed by the Presi- provide for the designation of regional S. 1453 dent of the Senate and the Speaker of the ombudsmen and oversight boards to At the request of Mr. BURNS, the House of Representatives, respectively, is au- monitor the enforcement practices of name of the Senator from South Da- thorized to make the necessary arrange- certain Federal agencies with respect kota [Mr. PRESSLER] was added as a co- ments for the inauguration of the President- sponsor of S. 1453, a bill to prohibit the elect and Vice President-elect of the United to small business concerns, to provide States on the 20th day of January 1997. relief from excessive and arbitrary reg- regulation by the Secretary of Health and Human Services and the Commis- ulatory enforcement actions against f small entities, and for other purposes. sioner of Food and Drugs of any activi- S. 953 ties of sponsors or sponsorship pro- SENATE CONCURRENT RESOLU- grams connected with, or any adver- At the request of Mr. CHAFEE, the TION 48—RELATIVE TO THE IN- names of the Senator from Vermont tising used or purchased by, the Profes- AUGURATION OF THE PRESI- sional Rodeo Cowboy Association, its [Mr. JEFFORDS], the Senator from Ar- DENT-ELECT AND THE VICE agents or affiliates, or any other pro- kansas [Mr. BUMPERS], the Senator PRESIDENT-ELECT fessional rodeo association, and for from South Dakota [Mr. DASCHLE], the other purposes. Mr. WARNER (for himself and Mr. Senator from Maine [Mr. COHEN], and FORD) submitted the following concur- S. 1521 the Senator from Minnesota [Mr. rent resolution; which was considered GRAMS] were added as cosponsors of S. At the request of Mr. DOLE, the name and agreed to: 953, a bill to require the Secretary of of the Senator from Georgia [Mr. S. CON. RES. 48 the Treasury to mint coins in com- COVERDELL] was added as a cosponsor Resolved by the Senate (the House of Rep- memoration of black revolutionary war of S. 1521, a bill to establish the Nicodemus National Historic Site in resentatives concurring), That (a) the rotunda patriots. of the United States Capitol is hereby au- At the request of Mr. DOLE, the name Kansas, and for other purposes. thorized to be used on January 20, 1997, by of the Senator from New Mexico [Mr. S. 1612 the Joint Congressional Committee on Inau- DOMENICI] was added as a cosponsor of At the request of Mr. HELMS, the gural Ceremonies (the ‘‘Joint Committee’’) S. 953, supra. names of the Senator from Alabama in connection with the proceedings and ceremonies conducted for the inauguration of the S. 956 [Mr. SHELBY], the Senator from Iowa President-elect and the Vice President-elect [Mr. GRASSLEY], and the Senator from At the request of Mr. AKAKA, his of the United States. name was withdrawn as a cosponsor of Oklahoma [Mr. INHOFE] were added as (b) The Joint Committee is authorized to S. 956, a bill to amend title 28, United cosponsors of S. 1612, a bill to provide utilize appropriate equipment and the serv- States Code, to divide the ninth judi- for increased mandatory minimum sen- ices of appropriate personnel of departments cial circuit of the United States into tences for criminals possessing fire- and agencies of the Federal Government, two circuits, and for other purposes. arms, and for other purposes. under arrangements between such Com- mittee and the heads of such departments S. 1028 S. 1623 and agencies, in connection with such pro- At the request of Mrs. KASSEBAUM, At the request of Mr. WARNER, the ceedings and ceremonies. The Joint Com- the names of the Senator from Michi- names of the Senator from Mississippi mittee may accept gifts and donations of gan [Mr. LEVIN] and the Senator from [Mr. COCHRAN] and the Senator from goods and services to carry out its respon- North Dakota [Mr. CONRAD] were added South Carolina [Mr. THURMOND] were sibilities.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2444 CONGRESSIONAL RECORD — SENATE March 20, 1996 AMENDMENTS SUBMITTED (4) grazing preferences must continue to be (B) the Act of August 28, 1937 (commonly adequately safeguarded in order to promote known as the ‘‘Oregon and California Rail- the economic stability of the western live- road and Coos Bay Wagon Road Grant Lands THE PUBLIC RANGELANDS MAN- stock industry; Act of 1937’’) (50 Stat. 874, chapter 876; 43 AGEMENT ACT OF 1996 NATIONAL (5) it is in the public interest to charge a U.S.C. 1181a et seq.); GRASSLANDS MANAGEMENT ACT fee for livestock grazing permits and leases (C) the Federal Land Policy and Manage- on Federal land that is based on a formula OF 1996 ment Act of 1976 (43 U.S.C. 1701 et seq.); and that— (D) the Public Rangelands Improvement (A) reflects a fair return to the Federal Act of 1978 (43 U.S.C. 1901 et seq.); Government and the true costs to the per- (2) the management of grazing on Federal DOMENICI (AND OTHERS) mittee or lessee; and land by the Secretary of Agriculture under— AMENDMENT NO. 3555 (B) promotes continuing cooperative stew- (A) the 12th undesignated paragraph under Mr. DOMENICI (for himself, Mr. ardship efforts; the heading ‘‘SURVEYING THE PUBLIC MURKOWSKI, Mr. CRAIG, Mr. THOMAS, (6) opportunities exist for improving effi- LANDS.’’ under the heading ‘‘UNDER THE ciency in the administration of the range Mr. BURNS, Mr. KYL, Mr. CAMPBELL, DEPARTMENT OF THE INTERIOR.’’ in the programs on Federal land by— first section of the Act of June 4, 1897 (com- Mr. HATCH, Mr. BENNETT, Mr. KEMP- (A) reducing planning and analysis costs monly known as the ‘‘Organic Administra- THORNE, Mr. SIMPSON, Mr. PRESSLER, and their associated paperwork, procedural, tion Act of 1897’’) (30 Stat. 11,35, chapter 2; 16 and Mr. DOLE) to the bill (S. 1459) to and clerical burdens; and U.S.C. 511); provide for uniform management of (B) refocusing efforts to the direct manage- (B) the Act of April 24, 1950 (commonly livestock grazing on Federal land, and ment of the resources themselves; known as the ‘‘Granger-Thye Act of 1950’’) for other purposes; as follows: (7) in order to provide meaningful review (64 Stat. 85, 88, chapter 97; 16 U.S.C. 580g, and oversight of the management of the pub- Strike all after the enacting clause and in- 580h, 5801); lic rangelands and the grazing allotment on (C) the Multiple-Use Sustained Yield Act sert in lieu thereof the following: those rangelands, refinement of the report- ‘‘SECTION 1. SHORT TITLE. of 1960 (16 U.S.C. 528 et seq.); ing of costs of various components of the (C) the Forest and Rangeland Renewable (a) SHORT TITLE.—This title may be cited land management program is needed; Resources Planning Act of 1974 (16 U.S.C. et as the ‘‘Public Rangelands Management Act (8) greater local input into the manage- of 1995.’’ seq.); ment of the public rangelands is in the best (E) the National Forest Management Act SEC. 2 EFFECTIVE DATE. interests of the United States; of 1976 (16 U.S.C. 472a et seq.); (a) IN GENERAL.—This Act and the amend- (9) the western livestock industry that re- (F) the Federal Land Policy and Manage- ments and repeals make by this Act shall be- lies on Federal land plays an important role ment Act of 1976 (43 U.S.C. 1701 et seq.); and come effective on the date of enactment. in preserving the social, economic, and cul- (G) the Public Rangelands Improvements (b) APPLICABLE REGULATIONS.— tural base of rural communities in the west- Act of 1978 (43 U.S.C. 1901 et seq.); and (1) Except as provided in paragraph (2), ern States and further plays an integral role grazing of domestic livestock on lands ad- (3) management of grazing by the Sec- in the economies of the 16 contiguous west- retary on behalf of the head of another de- ministered by the Chief of the Forest Service ern States with Federal rangelands; and the Director of the Bureau of Land Man- partment or agency under a memorandum of (10) maintaining the economic viability of understanding. agement, as defined in section 104(11) of this the western livestock industry is in the best Act, shall be administered in accordance (b) Nothing is this title shall authorize interest of the United States in order to grazing in any unit of the National Park with the applicable regulations in effect for maintain open space and fish and wildlife each agency as of February 1, 1995, until such System, National Wildlife Refuge System, or habitat; on any other Federal lands where such use is time as the Secretary of Agriculture and the (11) since the enactment of the Federal Secretary of the Interior promulgate new prohibited by statute, nor supersedes or Land Policy and Management Act of 1976 (43 amends any limitation on the levels of use regulations in accordance with this Act. U.S.C. 1701 et seq.) and the amendment of (2) Resource Advisory Councils established for grazing that may be specified in other section 6 of the Forest and Rangeland Re- Federal law, nor expands or enlarges any by the Secretary of the Interior after August newable Resources Planning Act of 1974 (16 21, 1995, may continue to operate in accord- such prohibition or limitation. U.S.C. 1604) by the National Forest Manage- (c) Nothing in this title shall limit or pre- ance with their charters for a period not to ment Act of 1976 (16 U.S.C. 472a et seq.), the extend beyond February 28, 1997, and shall be clude the use of and access to Federal land Secretary of the Interior and the Secretary for hunting, fishing, recreational, watershed subject to the provisions of this Act. of Agriculture have been charged with co- (c) NEW REGULATIONS.—With respect to management or other appropriate multiple ordinating land use inventory, planning and use activities in accordance with applicable title I of this Act— management programs on Bureau of Land (1) the Secretary of Agriculture and the Federal and State laws and the principles of Management and National Forest System Secretary of the Interior shall provide, to multiple use. lands with each other, other Federal depart- the maximum extent practicable, for con- (d) Nothing in this title shall affect valid ments and agencies, Indian tribes, and State sistent and coordinated administration of existing rights. Section 1323(a) and 1323(b) of and local governments within which the livestock grazing and management of range- Public Law 96–487 shall continue to apply to lands are located, but to date such coordina- lands administered by the Chief of the Forest nonfederally owned lands. tion has not existed to the extent allowed by Service and the Director of the Bureau of SEC. 103. OBJECTIVE. law; and Land Management, as defined in section (12) it shall not be the policy of the United The objective of this title is to— 104(11) of this Act, consistent with the laws States to increase or reduce total livestock (1) promote healthy, sustained rangeland; governing the public lands and the National numbers on Federal land except as is nec- (2) provide direction for the administration Forest System; essary to provide for proper management of of livestock grazing on Federal land; (2) the Secretary of Agriculture and the resources, based on local conditions, and as (3) enhance productivity of Federal land by Secretary of the Interior shall, to the max- provided by existing law related to the man- conservation of forage resources, reduction imum extent practicable, coordinate the pro- agement of Federal land and this title. of soil erosion, and proper management of mulgation of new regulations and shall pub- (b) REPEAL OF EARLIER FINDING.—Section other resources such as control of noxious lish such regulations simultaneously. 2(a) of the Public Rangelands Improvement species invasion; TITLE I. MANAGEMENT OF GRAZING ON Act of 1978 (43 U.S.C. 1901(a)) is amended— (4) provide stability to the livestock indus- FEDERAL LAND (1) by striking paragraphs (1), (2), (3), and try that utilizes the public rangeland; Subtitle A—General Provisions (4); (5) emphasize scientific monitoring of trends and condition to support sound range- SEC. 101. FINDINGS. (2) by redesignating paragraphs (5) and (6) land management; (a) FINDINGS.—Congress finds that— as paragraphs (1) and (2), respectively; (1) multiple use, as set forth in current (3) in paragraph (1) (as so redesignated), by (6) maintain and improve the condition of law, has been and continues to be a guiding adding ‘‘and’’ at the end; and riparian areas which are critical to wildlife principle in the management of public lands (4) in paragraph (2) (as so redesignated) habitat and water quality; and and national forests; (A) by striking ‘‘harrassment’’ and insert- (7) promote the consideration of wildlife (2) through the cooperative and concerted ing ‘‘harassment’’; and populations and habitat, consistent with efforts of the Federal rangeland livestock in- (B) by striking the semicolon at the end land use plans, principles of multiple-use, dustry, Federal and State land management and inserting a period. and other objectives stated in this section. agencies, and the general public, the Federal SEC. 102. APPLICATION OF ACT. SEC. 104. DEFINITIONS. rangelands are in the best condition they (a) This Act applies to— IN GENERAL.—In this title: have been in during this century, and their (1) the management of grazing on Federal (1) ACTIVE USE.—The term ‘‘active use’’ conditions continues to improve; land by the Secretary of the Interior under— means the amounts of authorized livestock (3) as a further consequence of those ef- (A) the Act of June 28, 1934 (commonly grazing use made at any time. forts, populations of wildlife are increasing known as the ‘‘Taylor Grazing Act’’) (48 (2) ACTUAL USE.—The term ‘‘actual use’’ and stabilizing across vast areas of the West; Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.); means the number and kinds or classes of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2445 livestock, and the length of time that live- Stat. 1275, chapter 865; 43 U.S.C. 315m), for ice or the National Grasslands referred to in stock graze on, an allotment. the purpose of grazing livestock; or title II. (3) AFFECTED INTEREST.—The term ‘‘af- (C) in a national forest under section 19 of (21) SUBLEASE.—The term ‘‘sublease’’ fected interest’’ means an individual or orga- the Act of April 24, 1950 (commonly known as means an agreement by a permittee or lessee nization that has expressed in writing to the the ‘‘Granger-Thye Act of 1950’’) (64 Stat. 88, that— Secretary concern for the management of chapter 97; 16 U.S.C. 5801), for the purposes of (A) allows a person other than the per- livestock grazing on a specific allotment, for grazing livestock. mittee or lessee to graze livestock on Fed- the purpose of receiving notice of and the op- (13) GRAZING PREFERENCE.—The term eral land without controlling the base prop- portunity for comment and informal con- ‘‘grazing preference’’ means the number of erty supporting the grazing permit or lease; sultation on proposed decisions of the Sec- animal unit months of livestock grazing on or (B) allows grazing on Federal land by live- retary affecting the allotment. Federal land as adjudicated or apportioned stock not owned or controlled by the per- (4) ALLOTMENT.—The term ‘‘allotment’’ and attached to base property owned or con- mittee or lessee. means an area of designated Federal land trolled by a permittee or lessee. (22) SUSPEND; SUSPENSION.—The terms (14) LAND BASE PROPERTY.—The term ‘‘land that includes management for grazing of ‘‘suspend’’ and ‘‘suspension’’ refer to a tem- base property’’ means base property de- livestock. porary withholding, in whole or in part, of a (5) ALLOTMENT MANAGEMENT PLAN.—The scribed in paragraph (7)(A). grazing preference from active use, ordered term ‘‘allotment management plan’’ has the (15) LAND USE PLAN.—The term ‘‘land use by the Secretary or done voluntarily by a same meaning as defined in section 103(k) of plan’’ means— permittee or lessee. Pub. L. 94–579 (43 U.S.C. 1702(k)). (A) with respect to Federal land adminis- (23) UTILIZATION.—The term ‘‘utilization’’ (6) AUTHORIZED OFFICER.—The term ‘‘au- tered by the Bureau of Land Management, means the percentage of a year’s forage pro- thorized officer’’ means a person authorized one of the following developed in accordance duction consumed or destroyed by by the Secretary to administer this title, the with the Federal Land Policy and Manage- herbivores. Acts cited in section 102, and regulations ment Act of 1976 (43 U.S.C. 1701 et seq.)— (24) WATER BASE PROPERTY.—The term issued under this title and those Acts. (i) a resource management plan; or ‘‘water base property’’ means base property (7) BASE PROPERTY.—The term ‘‘base prop- (ii) a management framework plan that is described in paragraph (7)(B). erty’’ means— in effect pending completion of a resource SEC. 105. FUNDAMENTALS OF RANGELAND (A) private land that has the capability of management plan; and HEALTH. producing crops or forage that can be used to (B) with respect to Federal land adminis- (a) STANDARDS AND GUIDELINES.—The Sec- support authorized livestock for a specified tered by the Forest Service, a land and re- retary shall establish standards and guide- period of the year; or source management plan developed in ac- lines for addressing resource condition and (B) water that is suitable for consumption cordance with section 6 of the Forest and trend on a State or regional level in con- by livestock and is available to and acces- Rangeland Resources Planning Act of 1974 (16 sultation with the Resource Advisory Coun- sible by authorized livestock when the land U.S.C. 1604). cils established in section 161, State depart- is used for livestock grazing. (16) LIVESTOCK CARRYING CAPACITY.—The ments of agriculture and other appropriate (8) CANCEL; CANCELLATION.—The terms term ‘‘livestock carrying capacity’’ means State agencies, and academic institutions in ‘‘cancel’’ and ‘‘cancellation’’ refer to a per- the maximum sustainable stocking rate that each interested State. Standards and guide- manent termination, in whole or in part, of— is possible without inducing long-term dam- lines developed pursuant to this subsection (A) a grazing permit or lease and grazing age to vegetation or related resources. shall be consistent with the objectives pro- preference; or (17) MONITORING.—The term ‘‘monitoring’’ vided in section 103 and incorporated, by op- (B) other grazing authorization. means the orderly collection of data using eration of law, into the applicable land use (9) CONSULTATION, COOPERATION, AND CO- scientifically-based techniques to determine plan to provide guidance and direction for ORDINATION.—The term ‘‘consultation, co- trend and condition of rangeland resources. Federal land managers in the performance of operation, and coordination’’ means, for the Data may include historical information, but their assigned duties. purposes of this title and section 402(d) of the must be sufficiently reliable to evaluate— (b) COORDINATED RESOURCE MANAGEMENT.— Federal Land Policy and Management Act of (A) effects of ecological changes and man- The Secretary shall, where appropriate, au- 1976 (43 U.S.C. 1752(d)), engagement in good agement actions; and thorize and encourage the use of coordinated faith efforts to reach consensus. (B) effectiveness of actions in meeting resource management practices. Coordinated (10) COORDINATED RESOURCE MANAGEMENT.— management objectives. resource management practices shall be— The term ‘‘coordinated resource manage- (18) RANGE IMPROVEMENT.—The term (1) scientifically based; ment’’— ‘‘range improvement’’— (2) consistent with goals and management (A) means the planning and implementa- (A) means an authorized activity or pro- objectives of the applicable land use plan; tion of management activities in a specified gram on or relating to rangeland that is de- (3) for the purposes of promoting good geographic area that require the coordina- signed to— stewardship and conservation of multiple-use tion and cooperation of the Bureau of Land (i) improve production of forage; rangeland resources; and Management or the Forest Service with af- (ii) change vegetative composition; (4) authorized under a cooperative agree- fected State agencies, private land owners, (iii) control patterns of use; ment with a permittee or lessee, or an orga- and Federal land users; and (iv) provide water; nized group of permittees or lessees in a (B) may include, but is not limited to prac- (v) stabilize soil and water conditions; or specified geographic area. Notwithstanding tices that provide for conservation, resource (vi) provide habitat for livestock, wild the mandatory qualifications required to ob- protection, resource enhancement or inte- horses and burros, and wildlife; and tain a grazing permit or lease by this or any other act, such agreement may include other grated management of multiple-use re- (B) includes structures, treatment individuals, organizations, or Federal land sources. projects, and use of mechanical means to ac- users. (11) FEDERAL LAND.—The term ‘‘Federal complish the goals described in subparagraph (c) COORDINATION OF FEDERAL AGENCIES.— land’’— (A). Where coordinated resource management in- (A) means land outside the State of Alaska (19) RANGELAND STUDY.—The term ‘‘range- volves private land, State land, and Federal that is owned by the United States and ad- land study’’ means a documented study or land managed by the Bureau of Land Man- analysis of data obtained on actual use, uti- ministered by— agement or the Forest Service, the Secre- (i) the Secretary of the Interior, acting lization, climatic conditions, other special taries are hereby authorized and directed to events, production trend, and resource condi- through the Director of the Bureau of Land enter into cooperative agreements to coordi- tion and trend to determine whether man- Management; or nate the associated activities of— (ii) the Secretary of Agriculture, acting agement objectives are being met, that— (1) the Bureau of Land Management; through the Chief of the Forest Service; but (A) relies on the examination of physical (2) the Forest Service; and (B) does not include— measurements of range attributes and not on (3) the Natural Resources Conservation (i) land held in trust for the benefit of Indi- cursory visual scanning of land, unless the Service. ans; or condition to be assessed is patently obvious (d) RULE OF CONSTRUCTION.—Nothing in (ii) the National Grasslands as defined in and requires no physical measurements; this title or any other law implies that a section 203. (B) utilizes a scientifically based and minimum national standard or guideline is (12) GRAZING PERMIT OR LEASE.—The term verifiable methodology; and necessary. ‘‘grazing permit or lease’’ means a document (C) is accepted by an authorized officer. SEC. 106. LAND USE PLANS. authorizing use of the Federal land— (20) SECRETARY; SECRETARIES.—The terms (a) PRINCIPLE OF MULTIPLE USE AND SUS- (A) within a grazing district under section ‘‘Secretary’’ or ‘‘Secretaries’’ mean— TAINED YIELD.—An authorized officer shall 3 of the Act of June 28, 1934 (commonly (A) the Secretary of the Interior, in ref- manage livestock grazing on Federal land known as the ‘‘Taylor Grazing Act’’) (48 erence to livestock grazing on Federal land under the principles of multiple use and sus- Stat. 1270, chapter 865; 43 U.S.C. 315b), for the administered by the Director of the Bureau tained yield and in accordance with applica- purpose of grazing livestock; of Land Management; and ble land use plans. (B) outside grazing districts under section (B) the Secretary of Agriculture, in ref- (b) CONTENTS OF LAND USE PLAN.—With re- 15 of the Act of June 28, 1934 (commonly erence to livestock grazing on Federal land spect to grazing administration, a land use known as the ‘‘Taylor Grazing Act’’) (48 administered by the Chief of the Forest Serv- plan shall—

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(1) consider the impacts of all multiple permit or lease shall attach to the base prop- (5) CONTROL.—The use by livestock of stock uses, including livestock and wildlife graz- erty supporting the grazing permit or lease. ponds or wells authorized by a range im- ing, on the environment and condition of (c) ATTACHMENT OF ANIMAL UNIT MONTHS.— provement permit shall be controlled by the public rangelands, and the contributions of The animal unit months of a grazing pref- permittee or lessee holding a range improve- these uses to the management, maintenance erence shall attach to— ment permit. and improvement of such rangelands; (1) the acreage of land base property on a (c) ASSIGNMENT OF RANGE IMPROVEMENTS.— (2) establish available animal unit months pro rata basis; or An authorized officer shall not approve the for grazing use, related levels of allowable (2) water base property on the basis of live- transfer of a grazing preference, or approve grazing use, resource condition goals, and stock forage production within the service use by the transferee of existing range im- management objectives for the Federal land area of the water. provements unless the transferee has agreed covered by the plan; and Subtitle C—Grazing Management to compensate the transferor for the trans- (3) set forth programs and general manage- SEC. 121. ALLOTMENT MANAGEMENT PLANS. feror’s interest in the authorized permanent ment practices needed to achieve the pur- If the Secretary elects to develop or revise improvements within the allotment as of the poses of this title. an allotment management plan for a given date of the transfer. (c) APPLICATION OF NEPA.—Land use plans area, he shall do so in careful and considered SEC. 123. MONITORING AND INSPECTION. and amendments thereto shall be developed consultation, cooperation, and coordination (a) MONITORING.—Monitoring of resource in conformance with the requirements of the with the lessees, permittees, and landowners condition and trend of Federal land on an al- National Environmental Policy Act of 1969 involved, the grazing advisory councils es- lotment shall be performed by qualified per- (42 U.S.C. 4321 et seq.). tablished pursuant to section 162, and any sons approved by the Secretary, including (d) CONFORMANCE WITH LAND USE PLAN.— State or States having lands within the area but not limited to Federal, State, or local Livestock grazing activities, management to be covered by such allotment manage- government personnel, consultants, and actions and decisions approved by the au- ment plan. The Secretary shall provide for grazing permittees or lessees. thorized officer, including the issuance, republic participation in the development or (b) INSPECTION.—Inspection of a grazing al- newal, or transfer of grazing permits or revision of an allotment management plan as lotment shall be performed by qualified Fed- leases, shall not constitute major Federal ac- provided in section 155. eral, State or local agency personnel, or tions requiring consideration under the Na- SEC. 122. RANGE IMPROVEMENTS. qualified consultants retained by the United tional Environmental Policy Act of 1969 (42 (a) RANGE IMPROVEMENT COOPERATIVE States. U.S.C. 4321 et seq.) in addition to that which AGREEMENTS.— (c) MONITORING CRITERIA AND PROTOCOLS.— is necessary to support the land use plan, (1) IN GENERAL.—The Secretary may enter Rangeland monitoring shall be conducted ac- and amendments thereto. into a cooperative agreement with a per- cording to regional or State criteria and pro- (e) Nothing in this section is intended to mittee or lessee for the construction, instal- tocols that are scientifically based. Criteria override the planning and public involve- lation, modification, removal, or use of a and protocols shall be developed by the Sec- ment processes of any other Federal law per- permanent range improvement or develop- retary in consultation with the Resource Ad- taining to Federal lands. ment of a rangeland to achieve a manage- visory Councils established in section 161, SEC. 107. REVIEW OF RESOURCE CONDITION. ment or resource condition objection. State departments of agriculture or other (a) Upon the issuance, renewal, or transfer (2) COST-SHARING.—A range improvement appropriate State agencies, and academic in- of a grazing permit or lease, and at least cooperative agreement shall specify how the stitutions in each interested State. once every six (6) years, the Secretary shall costs or labor, or both, shall be shared be- (d) OVERSIGHT.—The authorized officer review all available monitoring data for the tween the United States and the other par- shall provide sufficient oversight to ensure affected allotment. If the Secretary’s review ties to the agreement. that all monitoring is conducted in accord- indicates that the resource condition is not (3) TITLE.— ance with criteria and protocols established meeting management objectives, then the (A) IN GENERAL.—Subject to valid existing pursuant to subsection (c). Secretary shall prepare a brief summary re- rights, title to an authorized structural (e) NOTICE.—In conducting monitoring ac- port which— range improvement under a range improve- tivities, the Secretary shall provide reason- (1) evaluates the monitoring data; ment cooperative agreement shall be shared able notice of such activities to permittees (2) identifies the unsatisfactory resource by the cooperator(s) and the United States in or lessees, including prior notice to the ex- conditions and the use or management ac- proportion to the value of the contributions tent practicable of not less than 48 hours. tivities contributing to such conditions; and (funding, material, and labor) toward the ini- Prior notice shall not be required for the (3) makes recommendations of any modi- tial cost of construction. purposes of inspections, if the authorized of- fications to management activities, or per- (B) VALUE OF FEDERAL LAND.—For the pur- ficer has substantial grounds to believe that mit or lease terms and conditions necessary pose of subparagraph (A), only a contribu- a violation of this or any other act is occur- to meet management objectives. tion to the construction, installation, or ring on the allotment. (b) The Secretary shall make copies of the modification of a permanent rangeland im- SEC. 124. WATER RIGHTS. summary report available to the permittee provement itself, and not the value of Fed- (a) IN GENERAL.—No water rights on Fed- or lessee, and affected interests, and shall eral land on which the improvement is eral land shall be acquired, perfected, owned, allow for a 30-day comment period to coin- placed, shall be taken into account. controlled, maintained, administered, or cide with the 30-day time period provided in (4) NONSTRUCTURAL RANGE IMPROVE- transferred in connection with livestock section 155. At the end of such comment pe- MENTS.—A range improvement cooperative grazing management other than in accord- riod, the Secretary shall review all com- agreement shall ensure that the respective ance with State law concerning the use and ments, and as the Secretary deems nec- parties enjoy the benefits of any non- appropriation of water within the State. essary, modify management activities, and structural range improvement, such as seed- (b) STATE LAW.—In managing livestock pursuant to section 134, the permit or lease ing, spraying, and chaining, in proportion to grazing on Federal land, the Secretary shall terms and conditions. each party’s contribution to the improve- follow State law with regard to water right (c) If the Secretary determines that avail- ment. ownership and appropriation. able monitoring data are insufficient to (5) INCENTIVE.—A range improvement coop- (c) AUTHORIZED USE OR TRANSPORT.—The make recommendations pursuant to sub- erative agreement shall contain terms and Secretary cannot require permittees or les- section (a)(3), the Secretary shall establish a conditions that are designed to provide a sees to transfer or relinquish all or a portion reasonable schedule to gather sufficient data permittee or lessee an incentive for invest- of their water right to another party, includ- pursuant to section 123. Insufficient moni- ing in range improvements. ing but not limited to the United States, as toring data shall not be grounds for the Sec- (b) RANGE IMPROVEMENT PERMITS.— a condition to granting a grazing permit or (1) APPLICATION.—A permittee or lessee retary to refuse to issue, renew or transfer a lease, range improvement cooperative agree- may apply for a range improvement permit grazing permit or lease, or to terminate or ment or range improvement permit. to construct, install, modify, maintain, or modify the terms and conditions of an exist- (d) RULE OF CONSTRUCTION.—Nothing in ing grazing permit or lease. use a range improvement that is needed to this title shall be construed to create an ex- achieve management objectives within the Subtitle B—Qualifications and Grazing pressed or implied reservation of water permittee’s or lessee’s allotment. rights in the United States. Preferences (2) FUNDING.—A permittee or lessee shall (e) VALID EXISTING RIGHTS.—Nothing in SEC. 111. SPECIFYING GRAZING PREFERENCE. agree to provide full funding for construc- this act shall affect valid existing water (a) IN GENERAL.—A grazing permit or lease tion, installation, modification, or mainte- rights. shall specify— nance of a range improvement covered by a (1) a historical grazing preference; range improvement permit. Subtitle D—Authorization of Grazing Use (2) active use, based on the amount of for- (3) AUTHORIZED OFFICER TO ISSUE.—A range SEC. 131. GRAZING PERMITS OR LEASES. age available for livestock grazing estab- improvement permit shall be issued at the (a) TERM.—A grazing permit or lease shall lished in the land use plan; discretion of the authorized officer. be issued for a term of 12 years unless— (3) suspended use; and (4) TITLE.—Title to an authorized perma- (1) the land is pending disposal; (4) voluntary and temporary nonuse. nent range improvement under a range im- (2) the land will be devoted to a public pur- (b) ATTACHMENT OF GRAZING PREFERENCE.— provement permit shall be in the name of the pose that precludes grazing prior to the end A grazing preference identified in a grazing permittee or lessee. of 12 years; or

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2447 (3) the Secretary determines that it would management plan, and if modification of (2) at the end of subsection (a), by striking be in the best interest of sound land manage- such terms and conditions is necessary to ‘‘;’’ and inserting ‘‘: Provided further, That no ment to specify a shorter term, if the deci- meet specific management objectives. such money shall be expended for litigation sion to specify a shorter term is supported SEC. 135. FEES AND CHARGES. purposes;’’; by appropriate and accepted resource anal- (a) GRAZING FEES.—The fee for each animal (3) in subsection (b), by striking ‘‘for the ysis and evaluation, and a shorter term is de- unit month in a grazing fee year to be deter- benefit of’’ and inserting ‘‘in a manner that termined to be necessary, based upon moni- mined by the Secretary shall be equal to the will result in direct benefit to, improved ac- toring information, to achieve resource con- three-year average of the total gross value of cess to, or more effective management of the dition goals and management objectives. production for beef cattle for the three years rangeland resources in’’; (b) RENEWAL.—A permittee or lessee hold- preceding the grazing fee year, multiplied by (4) at the end of subsection (b), by striking ing a grazing permit or lease shall be given the 10-year average of the United States ‘‘.’’ and inserting ‘‘: Provided further, That no first priority at the end of the term for re- Treasury Securities 6-month bill ‘‘new issue’’ such moneys shall be expended for litigation newal of the grazing permit or lease if— rate, and divided by 12. The gross value of purposes.’’. (1) the land for which the grazing permit or production for beef cattle shall be deter- Subtitle E—Unauthorized Grazing Use lease is issued remains available for domes- mined by the Economic Research Service of SEC. 141. NONMONETARY SETTLEMENT. tic livestock grazing; the Department of Agriculture in accordance An authorized officer may approve a non- (2) the permittee or lessee is in compliance with subsection (e)(1). monetary settlement of a case of a violation with this title and the terms and conditions (b) DEFINITION OF ANIMAL UNIT MONTH.— described in section 141 if the authorized offi- of the grazing permit or lease; and For the purposes of billing only, the term cer determines that each of the following (3) the permittee or lessee accepts the ‘‘animal unit month’’ means one month’s use conditions in satisfied: terms and conditions included by the author- and occupancy of range by— (1) NO FAULT.—Evidence shows that the un- ized officer in the new grazing permit or (1) one cow, bull, steer, heifer, horse, burro, authorized use occurred through no fault of lease. or mule, seven sheep, or seven goats, each of the livestock operator. SEC. 132. SUBLEASING. which is six months of age or older on the (2) INSIGNIFICANCE.—The forage use is in- (a) IN GENERAL.—The Secretary shall only date on which the animal begins grazing on significant. authorize subleasing of a Federal grazing Federal land; (3) NO DAMAGE.—Federal land has not been permit or lease, in whole or in part— (2) any such animal regardless of age if the damaged. (1) if the permittee or lessee is unable to animal is weaned on the date on which the (4) BEST INTERESTS.—Nonmonetary settle- make full grazing use due to ill health or animal begins grazing on Federal land; and ment is in the best interests of the United death; or (3) any such animal that will become 12 States. (2) under a cooperative agreement with a months of age during the period of use au- SEC. 142. IMPOUNDMENT AND SALE. grazing permittee or lessee (or group of graz- thorized under a grazing permit or lease. Any impoundment and sale of unauthor- ing permittees or lessees), pursuant to sec- (c) LIVESTOCK NOT COUNTED.—There shall ized livestock on Federal land shall be con- tion 105(b). not be counted as an animal unit month the ducted in accordance with State law. (b) CONSIDERATIONS.— use of Federal land for grazing by an animal Subtitle F—Procedure (1) Livestock owned by a spouse, child, or that is less than six months of age on the SEC. 151. PROPOSED DECISION. grandchild of a permittee or lessee shall be date on which the animal begins grazing on (a) SERVICE ON APPLICANTS, PERMITTEES, considered as owned by the permittee or les- Federal land and is the natural progeny of an LESSEES, AND LIENHOLDERS.—The authorized see for the sole purposes of this title. animal on which a grazing fee is paid if the officer shall serve, by certified mail or per- (2) Leasing or subleasing of base property, animal is removed from the Federal land be- sonal delivery, a proposed decision on any in whole or in part, shall not be considered fore becoming 12 months of age. applicant, permittee lessee, or lienholder (or as subleasing of a Federal grazing permit or (d) OTHER FEES AND CHARGES.— agent of record of the applicant, permittee, lease: Provided, That the grazing preference (1) CROSSING PERMITS, TRANSFERS, AND lessee, or lienhold) that is affected by— associated with such base property is trans- BILLING NOTICES.—A service charge shall be (1) a proposed action on an application for ferred to the person controlling the leased or assessed for each crossing permit, transfer of a grazing permit or lease, or range improve- subleased base property. grazing preference, and replacement or sup- ment permit; or SEC. 133. OWNERSHIP AND IDENTIFICATION OF plemental billing notice except in a case in (2) a proposed action relating to a term or LIVESTOCK. which the action is initiated by the author- condition of a grazing permit or lease, or a (a) IN GENERAL.—A permittee or lessee ized officer. range improvement permit. shall own or control and be responsible for (2) AMOUNT OF FLPMA FEES AND CHARGES.— (b) NOTIFICATION OF AFFECTED INTERESTS.— the management of the livestock that graze The fees and charges under section 304(a) of The authorized officer shall send copies of a the Federal land under a grazing permit or the Federal Land Policy and Management proposed decision to affected interests. lease. Act of 1976 (43 U.S.C. 1734(a)) shall reflect (c) CONTENTS.—A proposed decision de- (b) MARKING OR TAGGING.—An authorized processing costs and shall be adjusted peri- scribed in subsection (a) shall— officer shall not impose any marking or tag- odically as costs change. (1) state reasons for the action, including ging requirement in addition to the require- (3) NOTICE OF CHANGE.—Notice of a change reference to applicable law (including regula- ment under State law. in a service charge shall be published in the tions); and SEC. 134. TERMS AND CONDITIONS. Federal Register. (2) be based upon, and supported by range- (a) IN GENERAL.— (e) CRITERIA FOR ERS.— land studies, where appropriate, and; (1) The authorized officer shall specify the (1) The Economic Research Service of the (3) state that any protest to the proposed kind and number of livestock, the period(s) Department of Agriculture shall continue to decision must be filed not later than 30 days of use, the allotment(s) to be used, and the compile and report the gross value of produc- after service. amount of use (stated in animal unit tion of beef cattle, on a dollars-per-bred-cow SEC. 152. PROTESTS. months) in a grazing permit or lease. basis for the United States, as in currently An applicant, permittee, or lessee may pro- (2) A grazing permit or lease shall be sub- published by the Service in: ‘‘Economic Indi- test a proposed decision under section 151 in ject to such other reasonable terms or condi- cators of the Farm Sector: Cost of Produc- writing to the authorized officer within 30 tions as may be necessary to achieve the ob- tion—Major Field Crops and Livestock and days after service of the proposed decision. jectives of this title, and as contained in an Dairy’’ (Cow-calf production cash costs and SEC. 153. FINAL DECISIONS. approved allotment management plan. returns). (1) NO PROTEST.—In the absence of a timely (3) No term or condition of a grazing per- (2) For the purposes of determining the filed protest, a proposed decision described mit or lease shall be imposed pertaining to grazing fee for a given grazing fee year, the in section 151(a) shall become the final deci- past practice or present willingness of an ap- gross value of production (as described sion of the authorized officer without further plicant, permittee or lessee to relinquish above) for the previous calendar year shall notice. control of public access to Federal land be made available to the Secretary of the In- (b) RECONSIDERATION.—If a protest is time- across private land. terior and the Secretary of Agriculture, and ly filed, the authorized officer shall recon- (4) A grazing permit or lease shall reflect published in the Federal Register, on or be- sider the proposed decision in light of the such standards and guidelines developed pur- fore February 15 of each year. protestant’s statement of reasons for protest suant to section 105 as are appropriate to the SEC 136. USE OF STATE SHARE OF GRAZING and in light of other information pertinent permit or lease. FEES. to the case. (b) MODIFICATION.—Following careful and Section 10 of the Act of June 28, 1934 (com- (C) SERVICE AND NOTIFICATION.—After re- considered consultation, cooperation, and co- monly known as the ‘‘Taylor Grazing Act’’) viewing the protest, the authorized officer ordination with permittees and lessees, an (43 U.S.C. 315i) is amended— shall serve a final decision on the parties to authorized officer shall modify the terms and (1) in subsection (a), by striking ‘‘for the the proceeding, and notify affected interests conditions of a grazing permit or lease if benefit of’’ and inserting ‘‘in a manner that of the final decision. monitoring data show that the grazing use is will result in direct benefit to, improved ac- SEC. 154. APPEALS. not meeting the management objectives es- cess to, or more effective management of the (a) IN GENERAL.—Any person whose inter- tablished in a land use plan or allotment rangeland resources in’’; est in adversely affected by a final decision

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of an authorized officer, within the meaning (b) DUTIES.—Each Resource Advisory Coun- 500,000 acres of public lands subject to com- of 5 U.S.C. 702, may appeal the decision with- cil shall advise the Secretaries and appro- mercial livestock grazing. The Secretaries in 30 days after the receipt of the decision, or priate State officials on— may establish joint Grazing Advisory Coun- within 60 days after the receipt of a proposed (1) matters regarding the preparation, cils wherever practicable. decision if further notice of a final decision amendment, and implementation of land use (b) DUTIES.—The duties of Grazing Advi- is not required under this title, pursuant to and activity plans for public lands and re- sory Councils established pursuant to this applicable laws and regulations governing sources within its area; and on section shall be to provide advice to the Sec- the administrative appeals process of the (2) major management decisions while retary concerning management issues di- agency serving the decision. Being an af- working within the broad management ob- rectly related to the grazing of livestock on fected interest as described in section 104(3) jectives established for the district or na- public lands, including— shall not in and of itself confer standing to tional forest. (1) range improvement objectives; appeal a final decision upon any individual (c) DISREGARD OF ADVICE.— (2) the expenditure of range improvement or organization. (1) REQUEST FOR RESPONSE.—If a Resource or betterment funds under the Public Range- (b) SUSPENSION PENDING APPEAL.— Advisory Council becomes concerned that its lands Improvement Act of 1978 (43 U.S.C. 1901 (1) IN GENERAL.—An appeal of a final deci- advice is being arbitrarily disregarded, the et seq.) or the Taylor Grazing Act (43 U.S.C. sion shall suspend the effect of the decision Resource Advisory Council may, by majority 315 et seq.); pending final action on the appeal unless the vote of its members, request that the Secre- (3) development and implementation of decision is made effective pending appeal taries respond directly to the Resource Advi- grazing management programs; and under paragraph (2). sory Council’s concerns within 60 days after (4) range management decisions and ac- (2) EFFECTIVENESS PENDING APPEAL.—The the Secretaries receive the request. tions at the allotment level. authorized officer may place a final decision (2) EFFECT OF RESPONSE.—The response of (c) DISREGARD OF ADVICE— in full force and effect in an emergency to the Secretaries to a request under paragraph (1) REQUEST FOR RESPONSE.—If a Grazing stop resource deterioration or economic dis- (1) shall not— Advisory Council becomes concerned that its tress, if authorized officer has substantial (A) constitute a decision on the merits of advice is being arbitrarily disregarded, the grounds to believe that resource deteriora- any issue that is or might become the sub- Grazing Advisory Council may, be unani- tion or economic distress is imminent. Full ject of an administrative appeal; or mous vote of its members, request that the force and effect decisions shall take effect on (B) be subject to appeal. Secretary respond directly to the Grazing the date specified, regardless of an appeal. (d) MEMBERSHIP.— Advisory Council’s concerns within 60 days (c) In the case of an appeal under this sec- (1) The Secretaries, in consultation with after the Secretary receives the request. tion, the authorized officer shall, within 30 the Governor of the affected State or States, (2) EFFECT OF RESPONSE.—The response of days of receipt, forward the appeal, all docu- shall appoint the members of each Resource the Secretary to a request under paragraph ments and information submitted by the ap- Advisory Council. A council shall consist of (1) shall not— plicant, permittee, lessee, or lienholder, and not less than nine members and not more (A) constitute a decision on the merits of any pertinent information that would be use- than fifteen members. any issue that is or might become the sub- ful in the rendering of a decision on such ap- (2) In appointing members to a Resource ject of an administrative appeal; or peal, to the appropriate authority respon- Advisory Council, the Secretaries shall pro- (B) be subject to appeal. sible for issuing the final decision on the ap- vide for balanced and broad representation (d) MEMBERSHIP.—The members of a Graz- peal. from among various groups, including but ing Advisory Council established pursuant to SEC. 155. PUBLIC PARTICIPATION AND CON- not limited to, permittees and lessees, other this section shall represent permittees, les- SULTATION. commercial interests, recreational users, sees, affected landowners, social and eco- (a) GENERAL PUBLIC.—The Secretary shall representatives of recognized local environ- nomic interests within the district or na- provide for public participation, including a mental or conservation organizations, edu- tional forest, and elected State or county of- reasonable opportunity to comment, on— cational, professional, or academic interests, ficers. All members shall have a dem- (1) land use plans and amendments thereto; representatives of State and local govern- onstrated knowledge of grazing management and, ment or governmental agencies, Indian and range improvement practices appro- (2) development of standards and guide- tribes, and other members of the affected priate for the region, and shall be residents lines to provide guidance and direction for public. of a community within or adjacent to the Federal land managers in the performance of (3) The Secretaries shall appoint at least district or national forest, or control a per- their assigned duties. one elected official of general purpose gov- mit or lease within the same area. Members (b) AFFECTED INTERESTS.—At least 30 days ernment serving the people of the area of shall be appointed by the Secretary for a prior to the issuance of a final decision, the each Resource Advisory Council. term of two years, and may be appointed for Secretary shall notify affected interests of (4) No person may serve concurrently on additional consecutive terms. The member- such proposed decision, and provide a reason- more than one Resource Advisory Council. ship of Grazing Advisory Councils shall be able opportunity for comment and informal (5) Members of a Resource Advisory Coun- equally divided between permittees of les- consultation regarding the proposed decision cil must reside in one of the States within sees, and other interests: Provided, That one within such 30-day period, for— the geographic jurisdiction of the council. elected State or county officer representing (1) the designation or modification of allot- (e) SUBGROUPS.—A Resource Advisory the people of an area within the district or ment boundaries; Council may establish such subgroups as the national forest shall be appointed to create (2) the development, revision, or termi- council deems necessary, including but not an odd number of members: Provided further, nation of allotment management plans; limited to working groups, technical review That permittees or lessees appointed as (3) the increase or decrease of permitted teams, and rangeland resource groups. members of each Grazing Advisory Council use; (f) TERMS.—Resource Advisory Council shall be recommended to the Secretary by (4) the issuance, renewal, or transfer of members shall be appointed for two-year the permittees or lessees of the district or grazing permits or leases; terms. Members may be appointed to addi- national forest through an election con- (5) the modification of terms and condi- tional terms at the discretion of the Secre- ducted under rules and regulations pre- tions of permits or leases; taries. scribed by the Secretary. (6) reports evaluating monitoring data for (g) FEDERAL ADVISORY COMMITTEE ACT.— (e) FEDERAL ADVISORY COMMITTEE ACT.— a permit or lease; and Except to the extent that it is inconsistent Except to the extent that it is inconsistent (7) the issuance of temporary non-renew- with this subtitle, the Federal Advisory with this subtitle, the Federal Advisory able use permits. Committee Act shall apply to the Resource Committee Act shall apply to the Grazing Subtitle G—Advisory Committees Advisory Councils established under this sec- Advisory Councils established pursuant to SEC. 161. RESOURCE ADVISORY COUNCILS. tion. this section. (a) ESTABLISHMENT.—The Secretary of Ag- (h) OTHER FLPMA ADVISORY COUNCILS.— SEC. 163. GENERAL PROVISIONS. riculture and the Secretary of the Interior, Nothing in this section shall be construed as (a) DEFINITION OF DISTRICT.—For the pur- in consultation with the Governors of the af- modifying the authority of the Secretaries poses of this subtitle, the term ‘‘district’’ fected States, shall establish and operate to establish other advisory councils under means— joint Resource Advisory Councils on a State section 309 of the Federal Land Policy and (1) a grazing district administered under or regional level to provide advice on man- Management Act of 1976 (43 U.S.C. 1739). section 3 of the Act of June 28, 1934 (com- agement issues for all lands administered by SEC. 162. GRAZING ADVISORY COUNCILS. monly known as the ‘‘Taylor Grazing Act’’) the Bureau of Land Management and the (a) ESTABLISHMENT.—The Secretary, in (48 Stat. 1270, chapter 865; 43 U.S.C. 315b); or Forest Service within such State or regional consultation with the Governor of the af- (2) other lands within a State boundary area, except where the Secretaries determine fected State and with affected counties, shall which are eligible for grazing pursuant to that there is insufficient interest in partici- appoint not fewer than five nor more than section 15 of the Act of June 28, 1934 (com- pation on a council to ensure that member- nine persons to serve on a Grazing Advisory monly known as the ‘‘Taylor Grazing Act’’) ship can be fairly balanced in terms of the Council for each district and each national (48 Stat. 1270, chapter 865; 43 U.S.C. 315m). points of view represented and the functions forest within the 16 contiguous Western (b) TERMINATION OF SERVICE.—The Sec- to be performed. States having jurisdiction over more than retary may, after written notice, terminate

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2449 the service of a member of an advisory com- tivities, and protecting wildlife habitat in in accordance with applicable Federal and mittee if— accordance with applicable laws. State laws, nor shall appropriate rec- (1) the member— SEC. 203. DEFINITIONS. reational activities be limited or precluded. (A) no longer meets the requirements As used in this title, the term— (g) VALID EXISTING RIGHTS.— under which appointed; (1) ‘‘National Grasslands’’ means those (1) IN GENERAL.—Nothing in this title shall (B) fails or is unable to participate regu- areas managed as National Grasslands by the affect valid existing rights, reservations, larly in committee work; or Secretary of Agriculture under title III of agreements, or authorizations. Section 1323(a) of Public Law 96–487 shall continue to (C) has violated Federal law (including a the Bankhead-Jones Farm Tenant Act (7 apply to nonfederal land and interests there- regulation); or U.S.C. 1010–1012) on the day before the date of in within the boundaries of the National (2) in the judgment of the Secretary, ter- enactment of this title; and Grasslands. mination is in the public interest. (2) ‘‘Secretary’’ means the Secretary of Ag- (2) INTERIM USE AND OCCUPANCY.— (c) COMPENSATION AND REIMBURSEMENT OF riculture. EXPENSES.—A member of an advisory com- (A) Until such time as regulations con- SEC. 204. REMOVAL OF NATIONAL GRASSLANDS cerning the use and occupancy of the Na- mittee established under sections 161 or 162 FROM NATIONAL FOREST SYSTEM. shall not receive any compensation in con- tional Grasslands are promulgated pursuant Section 11(a) of the Forest Rangeland Re- to this title, the Secretary shall regulate the nection with the performance of the mem- newable Resource Planning Act of 1974 (16 ber’s duties as a member of the advisory use and occupancy of such lands in accord- U.S.C. 1609(a)) is amended by striking the ance with regulations applicable to such committee, but shall be reimbursed for trav- phrase ‘‘the national grasslands and land uti- el and per diem expenses only while on offi- lands on May 25, 1995, to the extent prac- lization projects administered under title III ticable and consistent with the provisions of cial business, as authorized by 5 U.S.C. 5703. of the Bankhead-Jones Farm Tenant Act (50 this Act. SEC. 164. CONFORMING AMENDMENT AND RE- Stat. 525, 7 U.S.C. 1010–1012),’’. (B) Any applications for National Grass- PEAL. SEC. 205. MANAGEMENT OF NATIONAL GRASS- lands use and occupancy authorizations sub- (a) AMENDMENT.—The third sentence of LANDS. mitted prior to the date of enactment of this section 402(d) of the Federal Land Policy and (a) IN GENERAL.—The Secretary, acting Act, shall continue to be processed without Management Act of 1976 (43 U.S.C. 1752(d)) is through the Chief of the Forest Service, interruption and without reinitiating any amended by striking ‘‘district grazing advi- shall manage the National Grasslands as a processing activity already completed or sory boards established pursuant to section separate entity in accordance with this title begun prior to such date. 403 of the Federal Land Policy and Manage- and the provisions and multiple use purposes SEC. 206. FEES AND CHARGES. ment Act (43 U.S.C. 1753)’’ and inserting ‘‘Re- of title III of the Bankhead-Jones Farm Ten- Fees and charges for grazing on the Na- source Advisory Councils and Grazing Advi- ant Act (7 U.S.C. 1010–1012). tional Grasslands shall be determined in ac- sory Councils established under section 161 (b) CONSULTATION.—The Secretary shall cordance with section 135, except that the and section 162 of the Public Rangelands provide timely opportunities for consulta- Secretary may adjust the amount of a graz- Management Act of 1995’’. tion and cooperation with interested State ing fee to compensate for approved conserva- (b) REPEAL.—Section 403 of the Federal and local governmental entities, and other tion practices expenditures.’’ Land Policy and Management Act of 1976 (43 interested individuals and organizations in U.S.C. 1753) is repealed. the development and implementation of land BUMPERS (AND OTHERS) Subtitle H Reports use policies and plans, and land conservation AMENDMENT NO. 3556 SEC. 171. REPORTS. programs for the National Grasslands. Mr. BUMPERS (for himself, Mr. JEF- (a) IN GENERAL.—Not later than March 1, (c) GRAZING ACTIVITIES.—In furtherance of 1997, and annually thereafter, the Secretaries the purposes of this title, the Secretary shall FORDS, Mr. BRADLEY, and Mr. KERRY) shall submit to Congress a report that con- administer grazing permits and implement proposed an amendment to amendment tains— grazing management decisions in consulta- No. 3555 proposed by Mr. DOMENICI to (1) an itemization of revenues received and tion, cooperation, and coordination with the bill S. 1459, supra; as follows: costs incurred directly in connection with local grazing associations and other grazing Strike Section 135 of the substitute and in- the management of grazing on Federal land; permit holders. sert the following: and (d) REGULATIONS.—The Secretary shall pro- SEC. 135. GRAZING FEES. (2) recommendations for reducing adminis- mulgate regulations to manage and protect (a) GRAZING FEE.—Notwithstanding any trative costs and improving the overall effi- the National Grasslands, taking into account other provision of law, the Secretary of the ciency of Federal rangeland management. the unique characteristics of the National Interior and the Secretary of Agriculture (b) ITEMIZATION.—If the itemization of Grasslands and grasslands agriculture con- shall charge a fee for domestic livestock costs under subsection (a)(1) includes any ducted under the Bankhead-Jones Farm Ten- grazing on public rangelands. The fee shall costs incurred in connection with the imple- ant Act (7 U.S.C. 1010). Such regulations be equal to the higher of either— mentation of any law other than a statute shall facilitate the efficient administration (A) the average grazing fee (weighted by cited in section 102, the Secretaries shall in- of grazing and provide protection for the en- animal unit months) charged by the State dicate with specificity the costs associated vironment, wildlife, wildlife habitat, and during the previous grazing year for grazing with implementation of each such statute. Federal lands equivalent to that on the Na- on State lands in which the lands covered by TITLE II—MANAGEMENT OF NATIONAL tional Grasslands on the day prior to the the permit or lease are located; or GRASSLANDS date of enactment of this act. (B)(1) the fee provided for in section 6(a) of (e) CONFORMING AMENDMENT TO BANKHEAD- the Public Rangelands Improvement Act of SEC. 201. SHORT TITLE. JONES ACT.—Section 31 of the Bankhead- 1978 (43 U.S.C. 1905(a)) and Executive Order This title may be cited as the ‘‘National Jones Farm Tenant Act (7 U.S.C. 1010) is 12548 (51 F.R. 5985): Provided, That the graz- Grasslands Management Act of 1995’’. amended to read as follows: ing fee shall not be less than: $1.50 per ani- SEC. 202. FINDINGS AND PURPOSE. ‘‘To accomplish the purposes of title III of mal unit month for the 1997 grazing year; (A) FINDINGS.—The Congress finds that— this Act, the Secretary is authorized and di- $1.75 per animal unit month for the 1998 graz- (1) the inclusion of the National Grasslands rected to develop a separate program of land ing year; and $2.00 per animal unit month for within the National Forest System has pre- conservation and utilization for the National the 1999 grazing year and thereafter; plus vented the Secretary of Agriculture from ef- Grasslands, in order thereby to correct mal- (2) 25 percent. fectively administering and promoting grass- adjustments in land use, and thus assist in (b) DEFINITIONS.—For the purposes of this land agriculture on National Grasslands as promoting grassland agriculture and secure section— originally intended under the Bankhead- occupancy and economic stability of farms (1) State lands shall include school, edu- Jones Farm Tenant Act; and ranches, controlling soil erosion, refor- cation department, and State land board (2) the National Grasslands can be more ef- estation, preserving and protecting natural lands; and fectively managed by the Secretary of Agri- resources, protecting fish and wildlife and (2) individual members of a grazing asso- culture if administered as a separate entity their habitat, developing and protecting rec- ciation shall be considered as individual per- outside of the National Forest System; and reational opportunities and facilities, miti- mittees or lessees in determining the appro- (3) a grazing program on National Grass- gating floods, preventing impairment of priate grazing fee. lands can be responsibly carried out while dams and reservoirs, developing energy re- protecting and preserving recreational, envi- sources, conserving surface and subsurface JEFFORDS AMENDMENT NO. 3557 ronmental, and other multiple uses of the moisture, protecting the watersheds of navi- Mr. JEFFORDS proposed an amend- National Grasslands. gable streams, and protecting the public ment to amendment No. 3556 proposed (b) PURPOSE.—The purpose of this title is lands, health, safety and welfare, but not to to provide for improved management and build industrial parks or commercial enter- by Mr. BUMPERS to amendment No. 3555 more efficient administration of grazing ac- prises.’’. proposed by Mr. DOMENICI to the bill S. tivities on National Grasslands while pre- (f) HUNTING, FISHING, AND RECREATIONAL 1459, supra; as follows: serving and protecting multiple uses of such ACTIVITIES.—Nothing in this title shall be In lieu of the language proposed to be in- lands, including but not limited to pre- construed as limiting or precluding hunting serted by the Bumpers amendment insert the serving hunting, fishing, and recreational ac- or fishing activities on National Grasslands following:

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2450 CONGRESSIONAL RECORD — SENATE March 20, 1996 SEC. 135. GRAZING FEES. disposition of the caseload of the Federal pendent instrumentality of the Government (a) GRAZING FEE.—Notwithstanding any Courts of Appeal, consistent with funda- any information and assistance it deter- other provision of law and subject to sub- mental concepts of fairness and due process. mines necessary to carry out it functions sections (b) and (c), the Secretary of the In- SEC. 2. MEMBERSHIP. under this title and each such department, terior and the Secretary of Agriculture shall (a) COMPOSITION.—The Commission shall be agency, and independent instrumentality is charge a fee for domestic livestock grazing composed of eleven members appointed as authorized to provide such information and on public rangelands as provided for in sec- follows: assistance to the extent permitted by law tion 6(a) of the Public Rangelands Improve- (1) Two members appointed by the Presi- when requested by the Chair of the Commis- ment Act of 1978 (43 U.S.C. 1905(a)) and Exec- dent of the United States. sion. utive Order 12548 (51 F.R. 5985): Provided, (2) Three members appointed by the Major- SEC 6. REPORT. That the grazing fee shall not be less than: ity Leader of the Senate in consultation The Commission shall transmit its report $1.50 per animal unit month for the 1997 graz- with the Minority Leader of the Senate. to the President and the Congress no later ing year; $1.75 per animal unit month for the (3) Three members appointed by the Speak- than February 28, 1997. The Commission 1998 grazing year; and $2.00 per animal unit er of the House of Representatives in con- shall terminate ninety days after the date of month for the 1999 grazing year and there- sultation with the Minority Leader of the the submission of its report. after. House of Representatives. SEC 7. AUTHORIZATION OF APPROPRIATIONS. (b) DETERMINATION OF FEE.—(1) Permittees (4) Three members appointed by the Chief There are authorized to be appropriate to or lessees who own or control livestock com- Justice of the United States. the Commission such sums, not to exceed prising less than 2,000 animal unit months on (b) VACANCY.—Any vacancy in the Commis- $500,000, as may be necessary to carry out the the public rangelands during a grazing year sion shall be filled in the same manner as the purpose of this title, Such sums as are appro- pursuant to one or more grazing permits or original appointment. priated shall remain available until ex- leases shall pay the fee as set forth in sub- (c) CHAIR.—The Commission shall elect a pended. section (a). Chair and Vice Chair from among its mem- (2) Permittees or lessees who own or con- bers. SEC 8. CONGRESSIONAL CONSIDERATION. trol livestock comprising more than 2,000 (d) QUORUM.—Six members of the Commis- Within sixty days of the transmission of animal unit months on the public rangelands sion shall constitute a quorum, but three the report, the Committee on the Judiciary during a grazing year pursuant to one or may conduct hearings. of the Senate shall act on the Report. more grazing permits or leases shall pay the SEC. 3. COMPENSATION. Amend the title so as to read: ‘‘A bill to establish a Commission on Structural Alter- fee equal to the higher of either— (a) IN GENERAL.—Members of the Commis- (A) the average grazing fee (weighted by sion who are officers, or full-time employees, natives for the Federal Courts of Appeals’’. animal unit months) charged by the State of the United States shall receive no addi- f during the previous grazing year for grazing tional compensation for their services, but NOTICE OF HEARING on State lands in which the lands covered by shall be reimbursed for travel, subsistence, the permit or lease are located; or and other necessary expenses incurred in the COMMITTEE ON ENERGY AND NATURAL (B) the Federal grazing fee set forth in sub- performance of duties vested in the Commis- RESOURCES section (a), plus 25 percent. sion, but not exceeding the maximum Mr. MURKOWSKI. Mr. President, I (c) DEFINITIONS.—For the purposes of this amounts authorized under section 456 of title would like to announce for the public section— 28, United States Code. that a hearing has been scheduled be- (1) State lands shall include school, edu- (b) PRIVATE MEMBERS.—Members of the cation department, and State land board Commission from private life shall receive fore the full Committee on Energy and lands; and $200 per diem for each day (including travel- Natural Resources to receive testi- (2) individual members of a grazing asso- time) during which the member is engaged in mony regarding S. 1605, a bill to amend ciation shall be considered as individual per- the actual performance of duties vested in and extend certain authorities in the mittees or lessees in determining the appro- the Commission, plus reimbursement for Energy Policy and Conservation Act priate grazing fee. travel, subsistence, and other necessary ex- which either have expired or will ex- f penses incurred in the performance of such pire June 30, 1996. duties, but not in excess of the maximum The hearing will be held on Wednes- THE NINTH CIRCUIT COURT OF AP- amounts authorized under section 456 of title PEALS REORGANIZATION ACT OF 28, United States Code. day, March 27, 1996, it will begin at 9:30 a.m., and will take place in room SD– 1996 SEC 4. PERSONNEL. (a) EXECUTIVE DIRECTOR.—The Commission 366 of the Dirksen Senate Office Build- may appoint an Executive Director who shall ing in Washington, DC. FEINSTEIN (AND OTHERS) receive compensation at a rate not exceeding For further information, please call AMENDMENT NO. 3558 the rate prescribed for level V of the Execu- Karen Hunsicker or Betty Nevitt at tive Schedule under section 5316 of title 5, Mr. MURKOWSKI (for Mrs. FEIN- (202) 224–0765. United States Code. STEIN, for herself, Mr. REID, Mr. BURNS, f (b) STAFF.—The Executive Director, with Mr. BIDEN, Mr. KENNEDY, and Mr. approval of the Commission, may appoint AUTHORITY FOR COMMITTEES TO AKAKA) proposed an amendment to the and fix the compensation of such additional MEET bill (S. 956) to amend title 28, United personnel as he determines necessary, with- States Code, to divide the ninth judi- out regard to the provisions of title 5, United COMMITTEE ON THE JUDICIARY cial circuit of the United States into States Code, governing appointments in the Mr. GORTON. Mr. President, I ask two circuits, and for other purposes; as competitive service or the provisions of unanimous consent that the Com- follows: chapter 51 and subchapter III of chapter 53 of mittee on the Judiciary be authorized such title relating to classification and Gen- to hold a business meeting during the Strike all after the enacting clause and in- eral Schedule pay rates. Compensation under sert: session of the Senate on Wednesday, this subsection shall not exceed the annual March 20, 1996, at 2 p.m. in SH–216. COMMISSION ON STRUCTURAL ALTER- maximum rate of basic pay for a position NATIVES FOR THE FEDERAL COURTS above GS–15 of the General Schedule under The PRESIDING OFFICER. Without OF APPEALS section 5108 of title 5, United States Code. objection, it is so ordered. SECTION 1. ESTABLISHMENT AND FUNCTIONS OF (c) EXPERTS AND CONSULTANTS.—The Direc- COMMITTEE ON RULES AND ADMINISTRATION COMMISSION. tor may procure personal services of experts Mr. GORTON. Mr. President, I ask (a) ESTABLISHMENT.—There is established a and consultants as authorized by section 3109 unanimous consent that the Com- Commission on Structural Alternatives for of title 5, United States Code, at rates not to mittee on Rules and Administration be exceed the highest level payable under the the Federal Courts of Appeals (hereinafter authorized to meet during the session referred to as the ‘‘Commission’’). General Schedule pay rates under section of the Senate on Wednesday, March 20, (b) FUNCTIONS.—The function of the Com- 5332 of title 5, United States Code. mission shall be to— (d) SERVICES.—The Administrative Office 1996, at 9:30 a.m., to hold an oversight (1) study the present division of the United of the United States Courts shall provide ad- hearing on the Congressional Research States into the several judicial circuits; ministrative services, including financial Service. (2) study the structure and alignment of and budgeting services, for the Commission The PRESIDING OFFICER. Without the Federal courts of appeals with particular on a reimbursable basis. The Federal Judi- objection, it is so ordered. reference to the ninth circuit; and cial Center shall provide necessary research COMMITTEE ON VETERANS’ AFFAIRS (3) report to the President and the Con- services on a reimbursable basis. gress its recommendations for such changes SEC 5. INFORMATION. Mr. GORTON. The Committee on in circuit boundaries or structure as may be The Commission is authorized to request Veterans’ Affairs would like to request appropriate of the expeditious and effective from any department, agency, or inde- unanimous consent to hold a hearing

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2451 on veterans’ health care eligibility pri- SUBCOMMITTEE ON NEAR EASTERN AND SOUTH and to carefully and thoroughly consider orities. The hearing will be held on ASIAN AFFAIRS issues you have raised regarding this matter. March 20, 1996, at 10 a.m., in room 418 Mr. GORTON. Mr. President, I ask The meeting focused on three key issues unanimous consent that the Sub- you raised: conducting alternative dispute of the Russell Senate Office Building. resolution (ADR) with the interested parties, The PRESIDING OFFICER. Without committee on Near Eastern and South performing a baseline risk assessment, and objection, it is so ordered. Asian Affairs of the Committee on For- incorporating the results of these activities SUBCOMMITTEE ON ACQUISITION AND eign Relations be authorized to meet into a new review of remedial alternatives TECHNOLOGY during the session of the Senate on for the site. We also discussed EPA’s recent Mr. GORTON. Mr. President, I ask Wednesday, March 20, 1996, at 2:00 p.m. decision to issue an Interim Record of Deci- sion (ROD) for the source areas of the site, unanimous consent that Acquisition The PRESIDING OFFICER. Without objection, it is so ordered. and other issues relating to allocation of re- and Technology Subcommittee of the medial costs. Committee on Armed Services be au- SUBCOMMITTEE ON PERSONNEL EPA has already taken a number of steps thorized to meet at 9:30 a.m. on Mr. GORTON. Mr. President, I ask consistent with the goals you have laid out. Wednesday, March 20, 1996, in open ses- unanimous consent that the Sub- For example, we have engaged the poten- sion, to receive testimony on tech- committee on Personnel of the Com- tially responsible parties (PRPs) and others nology base program in the Depart- mittee on Armed Services be author- in an extensive dialogue on Tulalip. The Re- gion extended the public comment period on ment of Defense in review of the De- ized to meet at 10:00 a.m. on Wednes- the proposed remedial action plan from 30 fense Authorization request for fiscal day, March 20, 1996, in open session, to days to 80 days, held two public meetings, re- year 1997 and the future years defense receive testimony regarding the man- viewed and responded to voluminous com- program. power, personnel, and compensation ments, and thoroughly documented the rem- The PRESIDING OFFICER. Without programs of the Department of Defense edy selection process before publishing the objection, it is so ordered. in review of the National Defense Au- interim ROD. The Agency also generated an extensive record of written communications SUBCOMMITTEE ON ENERGY RESEARCH AND thorization Request for fiscal Year with the PRPs addressing the cleanup alter- DEVELOPMENT 1997. natives and the differences between the re- Mr. GORTON. Mr. President, I ask The PRESIDING OFFICER. Without views which the PRPs and EPA have per- unanimous consent that the Sub- objection, it is so ordered. formed. Senior EPA Headquarters manage- committee on Energy Research and De- SUBCOMMITTEE ON STRATEGIC FORCES ment also met with representatives of the velopment of the Committee on Energy Mr. GORTON. Mr. President, I ask PRPs in order to hear and respond to their and Natural Resources be granted per- unanimous consent that the Sub- concerns with the remedy selection process. mission to meet during the session of Publishing the interim ROD is part of a committee on Strategic Forces of the comprehensive effort to identify and address the Senate on Wednesday, March 20, Committee on Armed Services be au- all actual and potential risks associated with 1996 for purposes of conducting a sub- thorized to meet at 9:30 a.m. on this site. It is designed to control migration committee hearing which is scheduled Wednesday, March 20, 1996, in open ses- of contaminants from the source areas of the to begin at 2:00 p.m. the purpose of this sion, to receive testimony on the De- site and follows the Agency’s guidance of oversight hearing is to receive testi- partment of Defense space programs presumptive remedies for landfills. This al- mony on S. 1077, a bill to authorize re- and issues in review of the Defense Au- lows for a prompt remedy selection process search, development, and demonstra- thorization request for fiscal year 1997 based on a brief site characterization and risk assessment effort. tion of hydrogen as an energy carrier and the future years defense program. Nevertheless, the Agency is currently con- and for other purposes, S. 1153, a bill to The PRESIDING OFFICER. Without ducting a full baseline risk assessment to authorize research, development, and objection, it is so ordered. evaluate the off-source portions of the site. demonstration of hydrogen as an en- f Thus, concurrent with this interim action to ergy carrier, and a demonstration-com- prevent further environmental degradation, mercialization project which produces ADDITIONAL STATEMENTS EPA is evaluating the impacts of the site on hydrogen as an energy source produced the surrounding area and the risks associ- from solid and complex waste for on- ated with those impacts. This baseline risk THE TULALIP SUPERFUND SITE assessment is scheduled for completion in site use in fuel cells, and for other pur- the Summer of 1996. It will form the basis for poses, and H.R. 655, a bill to authorize ∑ Mr. GORTON. Mr. President, I ask the final ROD, which will address all remain- the hydrogen research, development, that a copy of a letter from Elliot ing aspects of the site. EPA expects to issue and demonstration programs of the De- Laws, EPA Assistant Administrator, this final ROD in Summer 1997, after receiv- partment of Energy, and for other pur- on the subject of the Tulalip Superfund ing and responding to public comment on the poses. site be printed in the RECORD imme- risk evaluation. Again, the issuance of the The PRESIDING OFFICER. Without diately following my remarks. interim ROD was in no way intended to objection, it is so ordered. interfere with our ability to address the in- The letter from EPA clarifies that terests and concerns raised by yourself and SUBCOMMITTEE ON INTERNATIONAL ECONOMIC the Agency fully intends to comply by other parties. POLICY, EXPORT AND TRADE PROMOTION with the report language included in Since, the interim remedy will address the Mr. GORTON. Mr. President, I ask the fiscal year 1996 Senate VA–HUD source contamination at the Tulalip site in unanimous consent that the Sub- and independent agencies report on the the most timely and cost-effective manner, committee on International Economic Tulalip Superfund site. In addition, the EPA designed the baseline risk assessment Policy, Export and Trade Promotion of letter promises to provide further in- assuming the interim action would be taken the Committee on Foreign Relations be formation on the liability of the for the on-source areas while continuing investigation of off-source areas. The findings authorized to meet during the session Tulalip Tribe for the cleanup of the of the baseline risk assessment will be used of the Senate on Wednesday, March 20, Superfund site. as the basis for review of the interim ROD, 1996, at 10:00 a.m. The letter follows: to the extent practicable, and the selection The PRESIDING OFFICER. Without U.S. ENVIRONMENTAL of the final remedy. objection, it is so ordered. PROTECTION AGENCY, EPA has furthermore initiated an ADR Washington, DC, March 19, 1996. settlement project for Tulalip. In coopera- SUBCOMMITTEE ON INVESTIGATIONS Hon. SLADE GORTON, tion with many of the principal respondents Mr. GORTON. Mr. President, I ask U.S. Senate, for the site, the Agency has employed a neu- unanimous consent that the Perma- Washington, DC. tral, third-party facilitator to assist in allo- nent Subcommittee on Investigations DEAR SENATOR GORTON: Thank you for in- cating remediation costs. The PRPs are cur- of the Committee on Government Af- viting us to meet with you on Monday, rently working to establish the criteria fairs, be authorized to meet during the March 11, 1996, concerning the Tulalip Land- which the facilitator will use to assign li- session of the Senate on Wednesday, fill Superfund Project. This is to summarize ability for the costs of the cleanup. We un- March 20, 1996 to hold hearings on the the meeting with Timothy Fields, Jr., Dep- derstand that the facilitator will most likely uty Assistant Administrator, Office of Solid consider a combination of factors in assign- Global Proliferation of Weapons of Waste and Emergency Response, and Kath- ing liability which will probably include Mass Destruction, Part II. ryn Schmoll, Comptroller, and to reiterate both tonnage (contribution) and the degree The PRESIDING OFFICER. Without the U.S. Environmental Protection Agency’s of involvement/responsibility for the activi- objection, it is so ordered. (EPA) commitment to work closely with you ties which led to the current site conditions.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2452 CONGRESSIONAL RECORD — SENATE March 20, 1996 However, the exact terms of this agreement ment of its economy. Education is a school for the program’s focus on team- are the subject of ongoing discussions among key issue in Tunisia. The Government work and practical application, the the PRPs and their representatives. appropriates approximately 30 percent teaching staff’s commitment to quality In the meeting, you asked a hypothetical of the annual budget to education, so- instruction and growth of their stu- question regarding the Tulalip tribe’s liability for a portion of the cleanup costs. With cial services, housing, and health care. dents, the uniqueness of the school’s respect to estimates of liability, EPA notes This results in a highly skilled labor mission, and the outstanding facilities. that it has published costs estimates only for force. Today, 23 percent of Tunisian job The admissions and placement services de minimis settlers as part of an early settle- seekers are university graduates and 42 received high praise as well. ment offer. If other PRPs have estimates of percent are vocational training school These two distinguished national and their potential liability, these may represent graduates. international accreditations testify to their own estimates, made for business and The private sector is playing a key the impressive and ground-breaking planning purposes. However, they are not role in the economic development of work being done at the Atkinson EPA estimates, and we have not reviewed or concurred with the assumptions on which Tunisia, and as a result, Tunisians School. Long recognized as a leading they may have been based. Again, these have created a diversified, market-ori- institute of management education, issues relating to liability for cleanup costs ented economy. Manufacturing ac- the accreditations provide the school are to be resolved through the ADR process. counts for 21 percent of domestic pro- with recognition world wide, recogni- We will provide a further update on this duction, agriculture for 15 percent, and tion that is duly deserved and places issue to you in the future. tourism for 7 percent. Domestic growth the school among the elite institutions As a final note, EPA also seriously evalu- rates have averaged more than 4 per- of the Pacific region. Out of the more ated the lower-cost options which several of cent per year, and the budget deficit than 700 business schools in the Nation, the PRPs have supported. These alternatives do not provide a cap for the site and would has been halved in the last 4 years. the AACSB accredits 292. Among the therefore not comply with the minimum ap- Tunisia welcomes and encourages Nation’s 220 programs offering master’s plicable State landfill closure requirements. foreign investment and has preferential degrees in public management, the I have enclosed letters from the State of access to a number of important re- NASPAA accredits about half. Washington and tribal representatives that gional markets. Tunisia is a member of The Atkinson School offers a cur- present their views in support of EPA’s rem- the World Trade Organization. It en- riculum that features quality instruc- edy selection decisions. joys duty free access for Tunisian prod- tion in both business and public man- I believe this letter is responsve to the con- ucts in European Union countries and agement that will prepare students for cerns you raised at the March 11 meeting, most Arab countries. The United and I appreciate your continued interest in the future in our global business com- the Superfund program and the Tulalip States assisted Tunisian economic munity. It is telling that in a school Landfill Superfund cleanup. growth through focused development that recognizes the importance of glob- Sincerely, programs such as the Generalized Sys- al management and multinational in- ELLIOTT P. LAWS, tem of Preferences. As a result, Tunisia fluence, international students com- Assistant Administrator.∑ has proudly graduated from United prise 25 percent of the total student f States economic assistance and is now body. The Atkinson School has distin- COMMENDING TUNISIA ON ITS entering an era of economic partner- guished itself as a model for the ex- 40TH ANNIVERSARY OF INDE- ship with the United States. panded role of an American institution, Tunisia has been a close and reliable PENDENCE a role that embraces the cultures and ally of the United States and has co- perspectives of other nations. ∑ Mr. INOUYE. Mr. President, I rise operated with the United States in ad- The Willamette University, nestled today to recognize the country of Tuni- vancing tolerance, openness, peace, and in the fertile Willamette Valley of Or- sia which will celebrate its 40th anni- stability. The bonds that have been egon, has long cultivated and developed versary of independence on March 20, created over the years between our two inquisitive minds. The Atkinson 1996. I would like to congratulate this countries have continued to improve. I School continues this storied tradition country, which has made tremendous can only share the aspirations of all as its devotion to quality business strides in socio-economic development Tunisians for a prosperous and peaceful management education aims for the and in furthering the Middle East future on this, the 40th anniversary of 21st century. I wish to congratulate all peace process. independence.∑ the staff, supporters, and students who In the last four decades, Tunisia has f have participated in the unequaled suc- played a key role in preserving sta- cess of the Atkinson School. I would THE ATKINSON GRADUATE bility and peace in North Africa. Tuni- also like to mention the outstanding SCHOOL OF MANAGEMENT AC- sia is also playing a key role in the leadership of the Atkinson School CREDITATION Middle East peace process. It was the dean, G. Dave Weight, and the agenda first Arab country to host a United Na- ∑ Mr. HATFIELD. Mr. President, this of former Willamette University presi- tions multilateral meeting in the peace year Willamette University’s Atkinson dent, George Herbert Smith, whose vi- process. Tunisia also hosted an official Graduate School of Management cele- sion led to the creation of the Atkinson Israeli delegation in Tunis to encour- brates its 20th anniversary with an ex- School. A promising future faces the age the dialog between Arabs and tremely prestigious award. Already Atkinson School as it prepares its stu- Israelis. Most recently, in January considered a pioneering spirit in man- dents to compete successfully in the 1996, Tunisia and Israel agreed to es- agement education, the Atkinson demanding global business environ- tablish formal diplomatic relations, School can profess a singularly unique ment. and interest sections will be opened in achievement: accreditation from both Mr. President, I ask that the Atkin- Tunis and Tel Aviv by mid-April 1996. the National Association of Schools of son School’s formal mission statement Tunisia has been a leader in the Public Affairs and Administration be printed in the RECORD. struggle against terrorism, intoler- [NASPAA] and the American Assembly The statement follows: ance, and blind violence. Tunisia ap- of Collegiate Schools of Business MISSION STATEMENT pealed to the world community, within [AACSB]. It is the first school in the The Mission of the Atkinson Graduate the framework of the United Nations, country to receive both accredita- School of Management is to identify and the Organization of African Unity, the tions—it is my alma mater, located in convey principles of management shared by Arab League, and the Organization of Salem, OR. successful enterprises in the business, gov- Islamic Countries, to adopt strict Representatives from both the ernment and not-for-profit sectors. Con- measures in order to combat terrorism AACSB and the NASPAA visited the sistent with these principles, the School edu- and extremism. school in February 1995 and initiated cates managers to cooperate as well as com- I would also like to commend Tunisia an intense review process. After the re- pete, to create as well as to operate, and to learn as well as to know. Atkinson extends on its social and economic achieve- view, the two organizations awarded to management education the teaching and ments. Tunisia has devoted the bulk of the Atkinson school unanimous rec- learning traditions of Willamette University, its resources to improving the quality ommendations for accreditation. The a small, liberal arts institution. Pursuing of life of its people and to the develop- two review boards commended the Willamette’s mission to serve its community

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2453 with distinctive graduate, professional edu- BALANCED BUDGET BALANCED BUDGET cation, the Atkinson School aims to be the DOWNPAYMENT ACT, II DOWNPAYMENT ACT, II preeminent small, independent management ∑ program in the Pacific region.∑ Mr. ABRAHAM. Mr. President, yes- The text of the bill (H.R. 3019) mak- terday the Senate voted to adopt H.R. ing appropriations for fiscal year 1996 3019, a bill to make continuing appro- to make a further downpayment to- f priations for the remainder of fiscal ward a balanced budget, and for other year 1996. During consideration of this purposes, as passed by the Senate on MICHAEL SHEA legislation, the Senate debated and March 19, 1996, is as follows: ∑ Mr. BAUCUS. Mr. President, Michael then voted upon two amendments Resolved, That the bill from the House of Shea, age 8, of Dillon MT, was trag- which I would like to discuss at this Representatives (H.R. 3019) entitled ‘‘An Act ically killed in an accident on June 30, time. The first was an amendment by making appropriations for fiscal year 1996 to 1995. Senators BOND and MIKULSKI and the make a further downpayment toward a bal- second was an amendment by Senator anced budget, and for other purposes.’’, do Although Michael’s life was taken, he pass with the following amendment: helped save the lives of four other peo- GRAMM. Strike out all after the enacting clause and ple. All are in good health, leading nor- The Bond-Mikulski amendment in- insert: That the following sums are appro- mal lives today because Michael was cluded provisions to boost funding for priated, out of any money in the Treasury not an organ donor. environment and housing programs. otherwise appropriated, and out of applicable These increases include funding di- On the day of his death his heart was corporate or other revenues, receipts, and funds, rected to the States to clean up our for the several departments, agencies, corpora- flown from Montana to Seattle to be Nation’s water and funding to stream- tions, and other organizational units of the transplanted in a 4-year-old girl, Paige line the programs at the Department of Government for the fiscal year 1996, and for Roberts. Paige, who was born with a Housing and Urban Development. I be- other purposes, namely: complex heart defect, had been waiting lieve the EPA funding level approved TITLE I—OMNIBUS APPROPRIATIONS for a donor for 3 months. This 4-year- in last year’s appropriations bill rep- SEC. 101. (a) Such amounts as may be nec- old little girl is alive today thanks to resented a reasonable, responsible allo- essary for programs, projects or activities pro- Michael. cation for environmental programs and vided for in the Departments of Commerce, Jus- tice, and State, the Judiciary, and Related Michael also donated his liver to a oversight. At the same time, I under- Baltimore woman. One of his kidneys Agencies Appropriations Act, 1996 at a rate of stand how important the Superfund operations and to the extent and in the manner was given to a girl in Seattle and the program and the EPA’s State revolving provided as follows, to be effective as if it had other to a woman in southwest Wash- loan fund for waste and drinking water been enacted into law as the regular appropria- ington. All are now in good health. infrastructure are to the State of tions Act: The tragedy of Michael’s death has Michigan and States across the coun- AN ACT given other people the hope of life. We try. Therefore, largely because the ad- Making appropriations for the Departments of so easily forget how fragile life is. We ditional funding was fully offset, I sup- Commerce, Justice, and State, the Judiciary, take for granted the advancement of ported this measure. and related agencies for the fiscal year ending medicine in this country. Michael’s On the other hand, my support of this September 30, 1996, and for other purposes. heart was used for the second pediatric en bloc amendment should not be in- TITLE I—DEPARTMENT OF JUSTICE heart transplant in Children’s history. terpreted as support for several of the GENERAL ADMINISTRATION It is so easy to forget that medicine is programs listed, including additional SALARIES AND EXPENSES about saving people’s lives. We get funding for the National Corporation of For expenses necessary for the administration caught up in debates about health care National Community Service. Paying of the Department of Justice, $74,282,000; includ- and forget the real importance of it—it Americans tens of thousands of dollars ing not to exceed $3,317,000 for the Facilities Program 2000, and including $5,000,000 for man- is about saving people’s lives. per year to volunteer for community service may be President Clinton’s idea agement and oversight of Immigration and Nat- I would also like to mention Mi- uralization Service activities, both sums to re- chael’s mother, Eileen, for her of a good program, but it’s not mine, main available until expended: Provided, That strength. The void left by the absence and I would prefer to see this funding not to exceed 76 permanent positions and 90 of Michael can not be easily filled for eliminated. full-time equivalent workyears and $9,487,000 Eileen or any of the Shea family. It is The Gramm amendment would have shall be expended for the Offices of Legislative struck that spending which remained certainly not easy to lose a child that Affairs, Public Affairs and Policy Development: in title IV of the bill following the should—in theory—outlive you. Eileen Provided further, That the latter three afore- adoption of the Bond/Mikulski and mentioned offices shall not be augmented by is a model mother. She took the time Specter amendments. This funding in- personnel details, temporary transfers of per- to explain death to Michael when his cluded $235 million for the Advanced sonnel on either a reimbursable or non-reim- grandfather died, to explain the signifi- Technology Program and several hun- bursable basis or any other type of formal or in- cance of being a donor for herself and dred million in international accounts. formal transfer or reimbursement of personnel or funds on either a temporary or long-term basis. let him come to his own decision on The President has indicated that with- the subject. And Michael told her he COUNTERTERRORISM FUND out additional funding for programs For necessary expenses, as determined by the wanted to be an organ donor. I admire like the ATP—which provides direct her courage when faced with the death Attorney General, $16,898,000, to remain avail- subsidies to some of America’s wealthi- able until expended, to reimburse any Depart- of a son, she understood the impor- est corporations—he would veto the ment of Justice organization for (1) the costs in- tance of giving life to others. overall bill and shut down the Federal curred in reestablishing the operational capa- While the sound of Michael’s foot- Government once again. I think it is bility of an office or facility which has been steps racing up and down the stairs unconscionable that the President is damaged or destroyed as a result of the bombing may have been silenced in Eileen’s willing to threaten all the programs of of the Alfred P. Murrah Federal Building in house, the echo of his generosity re- the Federal Government in order to Oklahoma City or any domestic or international terrorist incident, (2) the costs of providing sup- minds us all of the fragility of life and provide McDonalds, AT&T, and East- the importance of medicine. Although port to counter, investigate or prosecute domes- man Kodak with millions in direct sub- tic or international terrorism, including pay- modern medicine could not save Mi- sidies, and for that reason I supported ment of rewards in connection with these activi- chael, it did help save four other peo- Senator GRAMM. Earlier amendments ties, and (3) the costs of conducting a terrorism ple’s lives. by Senators SPECTER and BOND had threat assessment of Federal agencies and their We can all learn from Michael’s gen- gone a long way toward meeting the facilities: Provided, That funds provided under erosity and remember the importance demands of the President with regard this section shall be available only after the At- of being a donor. This 8-year-old boy to education, the environment, and torney General notifies the Committees on Ap- from Dillon, MT, is a heroic example housing. While some programs remain- propriations of the House of Representatives and the Senate in accordance with section 605 of for children and adults alike. We ing in title IV are worthy of support, this Act. should all take the time to fill out a an overwhelming amount of the fund- ADMINISTRATIVE REVIEW AND APPEALS donor card. It is as easy as writing to ing would have gone to corporate sub- For expenses necessary for the administration Living Bank, P.O. Box 6725, Houston, sidies and other unnecessary spend- of pardon and clemency petitions and immigra- TX 77265.∑ ing.∑ tion related activities, $38,886,000: Provided,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2454 CONGRESSIONAL RECORD — SENATE March 20, 1996

That the obligated and unobligated balances of VIOLENT CRIME REDUCTION PROGRAMS, GENERAL notwithstanding any other provision of law, not funds previously appropriated to the General LEGAL ACTIVITIES to exceed $44,191,000 of offsetting collections de- Administration, Salaries and Expenses appro- For the expeditious deportation of denied asy- rived from fees collected pursuant to section priation for the Executive Office for Immigra- lum applicants, as authorized by section 130005 589a(f) of title 28, United States Code, as amend- tion Review and the Office of the Pardon Attor- of Public Law 103–322, $7,591,000, to remain ed, shall be retained and used for necessary ex- ney shall be merged with this appropriation. available until expended, which shall be derived penses in this appropriation: Provided further, VIOLENT CRIME REDUCTION PROGRAMS, from the Violent Crime Reduction Trust Fund. That the $102,390,000 herein appropriated from ADMINISTRATIVE REVIEW AND APPEALS SALARIES AND EXPENSES, ANTITRUST DIVISION the United States Trustee System Fund shall be For activities authorized by sections 130005 For expenses necessary for the enforcement of reduced as such offsetting collections are re- and 130007 of Public Law 103–322, $47,780,000, to antitrust and kindered laws, $65,783,000: Pro- ceived during fiscal year 1996, so as to result in remain available until expended, which shall be vided, That notwithstanding any other provi- a final fiscal year 1996 appropriation from such derived from the Violent Crime Reduction Trust sion of law, not to exceed $48,262,000 of offset- Fund estimated at not more than $58,199,000: Fund: Provided, That the obligated and unobli- ting collections derived from fees collected for Provided further, That any of the aforemen- gated balances of funds previously appropriated premeger notification filings under the Hart- tioned fees collected in excess of $44,191,000 in to the General Administration, Salaries and Ex- Scott-Rodino Antitrust Improvements Act of fiscal year 1996 shall remain available until expenses appropriation under title VIII of Public 1976 (15 U.S.C. 18(a)) shall be retained and used pended, but shall not be available for obligation Law 103–317 for the Executive Office for Immi- for necessary expenses in this appropriation, until October 1, 1996. gration Review shall be merged with this appro- and shall remain available until expended: Pro- SALARIES AND EXPENSES, FOREIGN CLAIMS priation. vided further, That the sum herein appropriated SETTLEMENT COMMISSION OFFICE OF INSPECTOR GENERAL from the General Fund shall be reduced as such For expenses necessary to carry out the activi- offsetting collections are received during fiscal For necessary expenses of the Office of In- ties of the Foreign Claims Settlement Commis- year 1996, so as to result in a final fiscal year spector General in carrying out the provisions of sion, including services as authorized by 5 1996 appropriation from the General Fund esti- the Inspector General Act of 1978, as amended, U.S.C. 3109, $830,000. mated at not more than $17,521,000: Provided $28,960,000; including not to exceed $10,000 to SALARIES AND EXPENSES, UNITED STATES further, That any fees received in excess of meet unforeseen emergencies of a confidential MARSHALS SERVICE $48,262,000 in fiscal year 1996, shall remain character, to be expended under the direction For necessary expenses of the United States available until expended, but shall not be avail- of, and to be accounted for solely under the cer- Marshals Service; including the acquisition, able for obligation until October 1, 1996. tificate of, the Attorney General; and for the ac- lease, maintenance, and operation of vehicles SALARIES AND EXPENSES, UNITED STATES quisition, lease, maintenance and operation of and aircraft, and the purchase of passenger ATTORNEYS motor vehicles without regard to the general motor vehicles for police-type use without re- For necessary expenses of the Office of the purchase price limitation. gard to the general purchase price limitation for United States Attorneys, including intergovern- the current fiscal year; $423,248,000, as author- UNITED STATES PAROLE COMMISSION mental agreements, $895,509,000, of which not to ized by 28 U.S.C. 561(i), of which not to exceed SALARIES AND EXPENSES exceed $2,500,000 shall be available until Sep- $6,000 shall be available for official reception For necessary expenses of the United States tember 30, 1997 for the purposes of (1) providing and representation expenses. Parole Commission as authorized by law, training of personnel of the Department of Jus- VIOLENT CRIME REDUCTION PROGRAMS, UNITED $5,446,000. tice in debt collection, (2) providing services to STATES MARSHALS SERVICE the Department of Justice related to locating LEGAL ACTIVITIES For activities authorized by section 190001(b) debtors and their property, such as title of Public Law 103–322, $25,000,000, to remain SALARIES AND EXPENSES, GENERAL LEGAL searches, debtor skiptracing, asset searches, ACTIVITIES available until expended, which shall be derived credit reports and other investigations, (3) pay- from the Violent Crime Reduction Trust Fund. (INCLUDING TRANSFER OF FUNDS) ing the costs of the Department of Justice for FEDERAL PRISONER DETENTION For expenses necessary for the legal activities the sale of property not covered by the sale proof the Department of Justice, not otherwise proceeds, such as auctioneers’ fees and expenses, (INCLUDING TRANSFER OF FUNDS) vided for, including not to exceed $20,000 for ex- maintenance and protection of property and For expenses related to United States pris- penses of collecting evidence, to be expended businesses, advertising and title search and sur- oners in the custody of the United States Mar- under the direction of, and to be accounted for veying costs, and (4) paying the costs of proc- shals Service as authorized in 18 U.S.C. 4013, solely under the certificate of, the Attorney essing and tracking debts owed to the United but not including expenses otherwise provided General; and rent of private or Government- States Government: Provided, That of the total for in appropriations available to the Attorney owned space in the District of Columbia; amount appropriated, not to exceed $8,000 shall General; $252,820,000, as authorized by 28 U.S.C. $401,929,000; of which not to exceed $10,000,000 be available for official reception and represen- 561(i), to remain available until expended. for litigation support contracts shall remain tation expenses: Provided further, That not to In addition, for Federal Prisoner Detention, available until expended: Provided, That of the exceed $10,000,000 of those funds available for $9,000,000 shall be made available until ex- funds available in this appropriation, not to ex- automated litigation support contracts and pended to be derived by transfer from unobli- ceed $22,618,000 shall remain available until ex- $4,000,000 for security equipment shall remain gated balances of the Working Capital Fund in pended for office automation systems for the available until expended: Provided further, the Department of Justice. legal divisions covered by this appropriation, That in addition to reimbursable full-time equiv- FEES AND EXPENSES OF WITNESSES and for the United States Attorneys, the Anti- alent workyears available to the Office of the For expenses, mileage, compensation, and per trust Division, and offices funded through ‘‘Sal- United States Attorneys, not to exceed 8,595 po- diems of witnesses, for expenses of contracts for aries and Expenses’’, General Administration: sitions and 8,862 full-time equivalent workyears the procurement and supervision of expert wit- Provided further, That of the total amount ap- shall be supported from the funds appropriated nesses, for private counsel expenses, and for per propriated, not to exceed $1,000 shall be avail- in this Act for the United States Attorneys. diems in lieu of subsistence, as authorized by able to the United States National Central Bu- VIOLENT CRIME REDUCTION PROGRAMS, UNITED law, including advances, $85,000,000, to remain reau, INTERPOL, for official reception and rep- STATES ATTORNEYS available until expended; of which not to exceed resentation expenses: Provided further, That For activities authorized by sections 190001(d), $4,750,000 may be made available for planning, notwithstanding 31 U.S.C. 1342, the Attorney 40114 and 130005 of Public Law 103–322, construction, renovations, maintenance, remod- General may accept on behalf of the United $30,000,000, to remain available until expended, eling, and repair of buildings and the purchase States and credit to this appropriation, gifts of which shall be derived from the Violent Crime of equipment incident thereto for protected wit- money, personal property and services, for the Reduction Trust Fund, of which $20,269,000 ness safesites; of which not to exceed $1,000,000 purpose of hosting the International Criminal shall be available to help meet increased de- may be made available for the purchase and Police Organization’s (INTERPOL) American mands for litigation and related activities, maintenance of armored vehicles for transpor- Regional Conference in the United States during $500,000 to implement a program to appoint ad- tation of protected witnesses; and of which not fiscal year 1996. ditional Federal Victim’s Counselors, and to exceed $4,000,000 may be made available for In addition, for reimbursement of expenses of $9,231,000 for expeditious deportation of denied the purchase, installation and maintenance of a the Department of Justice associated with proc- asylum applicants. secure automated information network to store essing cases under the National Childhood Vac- UNITED STATES TRUSTEE SYSTEM FUND and retrieve the identities and locations of pro- cine Injury Act of 1986, not to exceed $4,028,000, For necessary expenses of the United States tected witnesses. to be appropriated from the Vaccine Injury Trustee Program, $102,390,000, as authorized by SALARIES AND EXPENSES, COMMUNITY RELATIONS Compensation Trust Fund, as authorized by sec- 28 U.S.C. 589a(a), to remain available until ex- SERVICE tion 6601 of the Omnibus Budget Reconciliation pended, for activities authorized by section 115 For necessary expenses of the Community Re- Act, 1989, as amended by Public Law 101–512 of the Bankruptcy Judges, United States Trust- lations Service, established by title X of the Civil (104 Stat. 1289). ees, and Family Farmer Bankruptcy Act of 1986 Rights Act of 1964, $5,319,000: Provided, That In addition, for Salaries and Expenses, Gen- (Public Law 99–554), which shall be derived from notwithstanding any other provision of this eral Legal Activities, $12,000,000 shall be made the United States Trustee System Fund: Pro- title, upon a determination by the Attorney available to be derived by transfer from unobli- vided, That deposits to the Fund are available General that emergent circumstances require ad- gated balances of the Working Capital Fund in in such amounts as may be necessary to pay re- ditional funding for conflict prevention and res- the Department of Justice. funds due depositors: Provided further, That, olution activities of the Community Relations

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2455 Service, the Attorney General may transfer such tion Services Division and the automation of and operation of aircraft; and research related amounts to the Community Relations Service, fingerprint identification services: Provided, to immigration enforcement; $1,394,825,000, of from available appropriations for the current That not to exceed $45,000 shall be available for which $36,300,000 shall remain available until fiscal year for the Department of Justice, as may official reception and representation expenses: September 30, 1997; of which $506,800,000 is be necessary to respond to such circumstances: Provided further, That $58,000,000 shall be made available for the Border Patrol; of which not to Provided further, That any transfer pursuant to available for NCIC 2000, of which not less than exceed $400,000 for research shall remain avail- this section shall be treated as a reprogramming $35,000,000 shall be derived from ADP and Tele- able until expended; and of which not to exceed under section 605 of this Act and shall not be communications unobligated balances, and of $10,000,000 shall be available for costs associated available for obligation or expenditure except in which $22,000,000 shall be derived by transfer with the training program for basic officer compliance with the procedures set forth in that and available until expended from unobligated training: Provided, That none of the funds section. balances in the Working Capital Fund of the available to the Immigration and Naturalization ASSETS FORFEITURE FUND Department of Justice. Service shall be available for administrative ex- For expenses authorized by 28 U.S.C. VIOLENT CRIME REDUCTION PROGRAMS penses to pay any employee overtime pay in an 524(c)(1)(A)(ii), (B), (C), (F), and (G), as amend- For activities authorized by Public Law 103– amount in excess of $25,000 during the calendar ed, $30,000,000 to be derived from the Depart- 322, $218,300,000, to remain available until ex- year beginning January 1, 1996: Provided fur- ment of Justice Assets Forfeiture Fund. pended, which shall be derived from the Violent ther, That uniforms may be purchased without regard to the general purchase price limitation RADIATION EXPOSURE COMPENSATION Crime Reduction Trust Fund, of which $208,800,000 shall be for activities authorized by for the current fiscal year: Provided further, ADMINISTRATIVE EXPENSES section 190001(c); $4,000,000 for Training and In- That not to exceed $5,000 shall be available for For necessary administrative expenses in ac- vestigative Assistance authorized by section official reception and representation expenses: cordance with the Radiation Exposure Com- 210501(c)(2); and $5,500,000 for establishing DNA Provided further, That the Attorney General pensation Act, $2,655,000. quality assurance and proficiency testing stand- may transfer to the Department of Labor and PAYMENT TO RADIATION EXPOSURE ards, establishing an index to facilitate law en- the Social Security Administration not to exceed COMPENSATION TRUST FUND forcement exchange of DNA identification infor- $10,000,000 for programs to verify the immigra- For payments to the Radiation Exposure Com- mation, and related activities authorized by section status of persons seeking employment in the pensation Trust Fund, $16,264,000, to become tion 210306. United States: Provided further, That none of the funds provided in this or any other Act shall available on October 1, 1996. CONSTRUCTION be used for the continued operation of the San INTERAGENCY LAW ENFORCEMENT For necessary expenses to construct or acquire Clemente and Temecula checkpoints unless: (1) INTERAGENCY CRIME AND DRUG ENFORCEMENT buildings and sites by purchase, or as otherwise the checkpoints are open and traffic is being For necessary expenses for the detection, in- authorized by law (including equipment for checked on a continuous 24-hour basis and (2) vestigation, and prosecution of individuals in- such buildings); conversion and extension of the Immigration and Naturalization Service un- volved in organized crime drug trafficking not federally-owned buildings; and preliminary dertakes a commuter lane facilitation pilot pro- otherwise provided for, to include intergovern- planning and design of projects; $97,589,000, to gram at the San Clemente checkpoint within 90 mental agreements with State and local law en- remain available until expended. days of enactment of this Act: Provided further, forcement agencies engaged in the investigation DRUG ENFORCEMENT ADMINISTRATION That the Immigration and Naturalization Serv- and prosecution of individuals involved in orga- SALARIES AND EXPENSES ice shall undertake the renovation and improve- nized crime drug trafficking, $359,843,000, of For necessary expenses of the Drug Enforce- ment of the San Clemente checkpoint, to include which $50,000,000 shall remain available until ment Administration, including not to exceed the addition of two to four lanes, and which expended: Provided, That any amounts obli- $70,000 to meet unforeseen emergencies of a con- shall be exempt from Federal procurement regu- gated from appropriations under this heading fidential character, to be expended under the di- lations for contract formation, from within ex- may be used under authorities available to the rection of, and to be accounted for solely under isting balances in the Immigration and Natu- organizations reimbursed from this appropria- the certificate of, the Attorney General; ex- ralization Service Construction account: Pro- tion: Provided further, That any unobligated penses for conducting drug education and train- vided further, That if renovation of the San balances remaining available at the end of the ing programs, including travel and related ex- Clemente checkpoint is not completed by July 1, fiscal year shall revert to the Attorney General penses for participants in such programs and 1996, the San Clemente checkpoint will close for reallocation among participating organiza- the distribution of items of token value that pro- until such time as the renovations and improve- tions in succeeding fiscal years, subject to the mote the goals of such programs; purchase of ments are completed unless funds for the contin- reprogramming procedures described in section not to exceed 1,208 passenger motor vehicles, of ued operation of the checkpoint are provided 605 of this Act. which 1,178 will be for replacement only, for po- and made available for obligation and expendi- FEDERAL BUREAU OF INVESTIGATION lice-type use without regard to the general pur- ture in accordance with procedures set forth in section 605 of this Act, as the result of certifi- SALARIES AND EXPENSES chase price limitation for the current fiscal year; and acquisition, lease, maintenance, and oper- cation by the Attorney General that exigent cir- (INCLUDING TRANSFER OF FUNDS) ation of aircraft; $750,168,000, of which not to cumstances require the checkpoint to be open For expenses necessary for detection, inves- exceed $1,800,000 for research and $15,000,000 for and delays in completion of the renovations are tigation, and prosecution of crimes against the transfer to the Drug Diversion Control Fee Ac- not the result of any actions that are or have United States; including purchase for police- count for operating expenses shall remain avail- been in the control of the Department of Justice: type use of not to exceed 1,815 passenger motor able until expended, and of which not to exceed Provided further, That the Office of Public Af- vehicles of which 1,300 will be for replacement $4,000,000 for purchase of evidence and pay- fairs at the Immigration and Naturalization only, without regard to the general purchase ments for information, not to exceed $4,000,000 Service shall conduct its business in areas only price limitation for the current fiscal year, and for contracting for ADP and telecommunications relating to its central mission, including: re- hire of passenger motor vehicles; acquisition, search, analysis, and dissemination of informa- equipment, and not to exceed $2,000,000 for tech- lease, maintenance and operation of aircraft; tion, through the media and other communica- nical and laboratory equipment shall remain and not to exceed $70,000 to meet unforeseen tions outlets, relating to the activities of the Im- available until September 30, 1997, and of which emergencies of a confidential character, to be migration and Naturalization Service: Provided not to exceed $50,000 shall be available for offi- expended under the direction of, and to be ac- further, That the Office of Congressional Rela- cial reception and representation expenses. counted for solely under the certificate of, the tions at the Immigration and Naturalization VIOLENT CRIME REDUCTION PROGRAMS Attorney General; $2,189,183,000, of which not to Service shall conduct business in areas only re- For activities authorized by sections 180104 exceed $50,000,000 for automated data processing lating to its central mission, including: pro- and 190001(b) of Public Law 103–322, $60,000,000, and telecommunications and technical inves- viding services to Members of Congress relating to remain available until expended, which shall tigative equipment and $1,000,000 for undercover to constituent inquiries and requests for infor- be derived from the Violent Crime Reduction operations shall remain available until Sep- mation; and working with the relevant congres- Trust Fund. tember 30, 1997; of which not less than sional committees on proposed legislation affect- $102,345,000 shall be for counterterrorism inves- IMMIGRATION AND NATURALIZATION SERVICE ing immigration matters: Provided further, That tigations, foreign counterintelligence, and other SALARIES AND EXPENSES in addition to amounts otherwise made available activities related to our national security; of For expenses, not otherwise provided for, nec- in this title to the Attorney General, the Attor- which not to exceed $98,400,000 shall remain essary for the administration and enforcement ney General is authorized to accept and utilize, available until expended; of which not to exceed of the laws relating to immigration, naturaliza- on behalf of the United States, the $100,000 In- $10,000,000 is authorized to be made available tion, and alien registration, including not to ex- novation in American Government Award for for making payments or advances for expenses ceed $50,000 to meet unforeseen emergencies of a 1995 from the Ford Foundation for the Immigra- arising out of contractual or reimbursable agree- confidential character, to be expended under the tion and Naturalization Service’s Operation ments with State and local law enforcement direction of, and to be accounted for solely Jobs program. agencies while engaged in cooperative activities under the certificate of, the Attorney General; VIOLENT CRIME REDUCTION PROGRAMS related to violent crime, terrorism, organized purchase for police-type use (not to exceed 813 For activities authorized by sections 130005, crime, and drug investigations; and of which of which 177 are for replacement only) without 130006, and 130007 of Public Law 103–322, $1,500,000 shall be available to maintain an regard to the general purchase price limitation $316,198,000, to remain available until expended, independent program office dedicated solely to for the current fiscal year, and hire of passenger which will be derived from the Violent Crime Re- the relocation of the Criminal Justice Informa- motor vehicles; acquisition, lease, maintenance duction Trust Fund, of which $38,704,000 shall

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2456 CONGRESSIONAL RECORD — SENATE March 20, 1996 be for expeditious deportation of denied asylum upon notification by the Attorney General to authorized by section 40152(c) of the Violent applicants, $231,570,000 for improving border the Committees on Appropriations of the House Crime Control and Law Enforcement Act of controls, and $45,924,000 for expanded special of Representatives and the Senate in compliance 1994; $50,000 for grants for televised testimony, deportation proceedings: Provided, That of the with provisions set forth in section 605 of this as authorized by section 1001(a)(7) of the Omni- amounts made available, $75,765,000 shall be for Act: Provided further, That of the total amount bus Crime Control and Safe Streets Act of 1968; the Border Patrol. appropriated, not to exceed $22,351,000 shall be $200,000 for the study of State databases on the CONSTRUCTION available for the renovation and construction of incidence of sexual and domestic violence, as For planning, construction, renovation, United States Marshals Service prisoner holding authorized by section 40292 of the Violent Crime equipping and maintenance of buildings and fa- facilities. Control and Law Enforcement Act of 1994; cilities necessary for the administration and en- FEDERAL PRISON INDUSTRIES, INCORPORATED $1,500,000 for national stalker and domestic vio- forcement of the laws relating to immigration, The Federal Prison Industries, Incorporated, lence reduction, as authorized by section 40603 naturalization, and alien registration, not oth- is hereby authorized to make such expenditures, of the 1994 Act; $27,000,000 for grants for resi- erwise provided for, $25,000,000, to remain avail- within the limits of funds and borrowing au- dential substance abuse treatment for State pris- able until expended. thority available, and in accord with the law, oners authorized by section 1001(a)(17) of the 1968 Act; and $900,000 for the Missing Alz- FEDERAL PRISON SYSTEM and to make such contracts and commitments, without regard to fiscal year limitations as pro- heimer’s Disease Patient Alert Program, as au- SALARIES AND EXPENSES vided by section 9104 of title 31, United States thorized by section 240001(d) of the 1994 Act: For expenses necessary for the administration, Code, as may be necessary in carrying out the Provided, That any balances for these programs operation, and maintenance of Federal penal program set forth in the budget for the current shall be transferred to and merged with this appropriation. and correctional institutions, including pur- fiscal year for such corporation, including purchase (not to exceed 853, of which 559 are for re- chase of (not to exceed five for replacement STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE placement only) and hire of law enforcement only) and hire of passenger motor vehicles. For grants, contracts, cooperative agreements, and passenger motor vehicles; and for the provi- and other assistance authorized by part E of LIMITATION ON ADMINISTRATIVE EXPENSES, sion of technical assistance and advice on cor- title I of the Omnibus Crime Control and Safe FEDERAL PRISON INDUSTRIES, INCORPORATED rections related issues to foreign governments; Streets Act of 1968, as amended, for State and $2,567,578,000: Provided, That there may be Not to exceed $3,559,000 of the funds of the Local Narcotics Control and Justice Assistance transferred to the Health Resources and Services corporation shall be available for its administra- Improvements, notwithstanding the provisions Administration such amounts as may be nec- tive expenses, and for services as authorized by of section 511 of said Act, $388,000,000, to remain essary, in the discretion of the Attorney Gen- 5 U.S.C. 3109, to be computed on an accrual available until expended, as authorized by sec- eral, for direct expenditures by that Administra- basis to be determined in accordance with the tion 1001 of title I of said Act, as amended by tion for medical relief for inmates of Federal corporation’s current prescribed accounting sys- Public Law 102–534 (106 Stat. 3524), of which penal and correctional institutions: Provided tem, and such amounts shall be exclusive of de- $60,000,000 shall be available to carry out the further, That the Director of the Federal Prison preciation, payment of claims, and expenditures provisions of chapter A of subpart 2 of part E of System (FPS), where necessary, may enter into which the said accounting system requires to be title I of said Act, for discretionary grants under contracts with a fiscal agent/fiscal intermediary capitalized or charged to cost of commodities ac- the Edward Byrne Memorial State and Local claims processor to determine the amounts pay- quired or produced, including selling and ship- Law Enforcement Assistance Programs: Pro- able to persons who, on behalf of the FPS, fur- ping expenses, and expenses in connection with vided, That balances of amounts appropriated nish health services to individuals committed to acquisition, construction, operation, mainte- prior to fiscal year 1995 under the authorities of the custody of the FPS: Provided further, That nance, improvement, protection, or disposition this account shall be transferred to and merged uniforms may be purchased without regard to of facilities and other property belonging to the with this account. the general purchase price limitation for the corporation or in which it has an interest. VIOLENT CRIME REDUCTION PROGRAMS, STATE current fiscal year: Provided further, That not OFFICE OF JUSTICE PROGRAMS AND LOCAL LAW ENFORCEMENT ASSISTANCE to exceed $6,000 shall be available for official re- JUSTICE ASSISTANCE For assistance (including amounts for admin- ception and representation expenses: Provided For grants, contracts, cooperative agreements, istrative costs for management and administra- further, That not to exceed $50,000,000 for the and other assistance authorized by title I of the tion, which amounts shall be transferred to and merged with the ‘‘Justice Assistance’’ account) activation of new facilities shall remain avail- Omnibus Crime Control and Safe Streets Act of authorized by the Violent Crime Control and able until September 30, 1997: Provided further, 1968, as amended, and the Missing Children’s Law Enforcement Act of 1994, Public Law 103– That of the amounts provided for Contract Con- Assistance Act, as amended, including salaries 322 (‘‘the 1994 Act’’); the Omnibus Crime Control finement, not to exceed $20,000,000 shall remain and expenses in connection therewith, and with and Safe Streets Act of 1968, as amended (‘‘the available until expended to make payments in the Victims of Crime Act of 1984, as amended, 1968 Act’’); and the Victims of Child Abuse Act advance for grants, contracts and reimbursable $99,977,000, to remain available until expended, of 1990, as amended (‘‘the 1990 Act’’); agreements and other expenses authorized by as authorized by section 1001 of title I of the $3,005,200,000, to remain available until ex- section 501(c) of the Refugee Education Assist- Omnibus Crime Control and Safe Streets Act, as pended, which shall be derived from the Violent ance Act of 1980 for the care and security in the amended by Public Law 102–534 (106 Stat. 3524). United States of Cuban and Haitian entrants: Crime Reduction Trust Fund; of which VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE $1,903,000,000 shall be for Local Law Enforce- Provided further, That no funds appropriated in ASSISTANCE this Act shall be used to privatize any Federal ment Block Grants, pursuant to H.R. 728 as For assistance (including amounts for admin- prison facilities located in Forrest City, Arkan- passed by the House of Representatives on Feb- istrative costs for management and administra- sas, and Yazoo City, Mississippi. ruary 14, 1995 for the purposes set forth in para- tion, which amounts shall be transferred to and graphs (A), (B), (D), (F), and (I) of section VIOLENT CRIME REDUCTION PROGRAMS merged with the ‘‘Justice Assistance’’ account) 101(a)(2) of H.R. 728 and for establishing crime For substance abuse treatment in Federal authorized by the Violent Crime Control and prevention programs involving cooperation be- prisons as authorized by section 32001(e) of Pub- Law Enforcement Act of 1994, Public Law 103– tween community residents and law enforcement lic Law 103–322, $13,500,000, to remain available 322 (‘‘the 1994 Act’’); the Omnibus Crime Control personnel in order to control, detect, or inves- until expended, which shall be derived from the and Safe Streets Act of 1968, as amended (‘‘the tigate crime or the prosecution of criminals: Pro- Violent Crime Reduction Trust Fund. 1968 Act’’); and the Victims of Child Abuse Act vided, That recipients are encouraged to use BUILDINGS AND FACILITIES of 1990, as amended (‘‘the 1990 Act’’); these funds to hire additional law enforcement For planning, acquisition of sites and con- $202,400,000, to remain available until expended, officers: Provided further, That no less than struction of new facilities; leasing the Oklahoma which shall be derived from the Violent Crime $975,000,000 of this amount shall be available for City Airport Trust Facility; purchase and acqui- Reduction Trust Fund; of which $6,000,000 shall Public Safety and Community Policing grants sition of facilities and remodeling and equipping be for the Court Appointed Special Advocate pursuant to title I of the 1994 Act: Provided fur- of such facilities for penal and correctional use, Program, as authorized by section 218 of the ther, That no less than $20,000,000 shall be for including all necessary expenses incident there- 1990 Act; $750,000 for Child Abuse Training Pro- the District of Columbia Metropolitan Police De- to, by contract or force account; and con- grams for Judicial Personnel and Practitioners, partment to be used at the discretion of the po- structing, remodeling, and equipping necessary as authorized by section 224 of the 1990 Act; lice chief for law enforcement purposes, condi- buildings and facilities at existing penal and $130,000,000 for Grants to Combat Violence tioned upon prior written consultation and noti- correctional institutions, including all necessary Against Women to States, units of local govern- fication being given to the chairman and rank- expenses incident thereto, by contract or force ments and Indian tribal governments, as au- ing members of the House and Senate Commit- account; $334,728,000, to remain available until thorized by section 1001(a)(18) of the 1968 Act; tees on the Judiciary and Appropriations: Pro- expended, of which not to exceed $14,074,000 $28,000,000 for Grants to Encourage Arrest Poli- vided further, That no less than $25,000,000 of shall be available to construct areas for inmate cies to States, units of local governments and this amount shall be for drug courts pursuant to work programs: Provided, That labor of United Indian tribal governments, as authorized by sec- title V of the 1994 Act: Provided further, That States prisoners may be used for work performed tion 1001(a)(19) of the 1968 Act; $7,000,000 for not less than $20,000,000 of this amount shall be under this appropriation: Provided further, Rural Domestic Violence and Child Abuse En- for Boys & Girls Clubs of America for the estab- That not to exceed 10 percent of the funds ap- forcement Assistance Grants, as authorized by lishment of Boys & Girls Clubs in public housing propriated to ‘‘Buildings and Facilities’’ in this section 40295 of the 1994 Act; $1,000,000 for train- facilities and other areas in cooperation with Act or any other Act may be transferred to ‘‘Sal- ing programs to assist probation and parole offi- State and local law enforcement: Provided fur- aries and Expenses’’, Federal Prison System cers who work with released sex offenders, as ther, That not less than $80,000,000 of such

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2457 amount shall be for crime prevention block Seed: Provided further, That the Attorney Gen- Bureau of Prisons to provide escort services nec- grants pursuant to subtitle B of title III of the eral may direct the use of other Department of essary for a female inmate to receive such serv- 1994 Act: Provided further, That funds may also Justice funds and personnel in support of ice outside the Federal facility: Provided, That be used to defray the costs of indemnification ‘‘Weed and Seed’’ program activities only after nothing in this section in any way diminishes insurance for law enforcement officers: Provided the Attorney General notifies the Committees on the effect of section 104 intended to address the further, That $10,000,000 of this amount shall be Appropriations of the House of Representatives philosophical beliefs of individual employees of available for programs of Police Corps edu- and the Senate in accordance with section 605 of the Bureau of Prisons. cation, training and service as set forth in sec- this Act. SEC. 106. Notwithstanding any other provision tions 200101–200113 of the 1994 Act; $25,000,000 JUVENILE JUSTICE PROGRAMS of law, not to exceed $10,000,000 of the funds for grants to upgrade criminal records, as au- For grants, contracts, cooperative agreements, made available in this Act may be used to estab- thorized by section 106(b) of the Brady Handgun and other assistance authorized by the Juvenile lish and publicize a program under which pub- Violence Prevention Act of 1993, as amended, Justice and Delinquency Prevention Act of 1974, licly-advertised, extraordinary rewards may be and section 4(b) of the National Child Protec- as amended, including salaries and expenses in paid, which shall not be subject to spending lim- tion Act of 1993; $147,000,000 as authorized by connection therewith to be transferred to and itations contained in sections 3059 and 3072 of section 1001 of title I of the 1968 Act, which shall merged with the appropriations for Justice As- title 18, United States Code: Provided, That any be available to carry out the provisions of sub- sistance, $144,000,000, to remain available until reward of $100,000 or more, up to a maximum of part 1, part E of title I of the 1968 Act, notwith- expended, as authorized by section 299 of part I $2,000,000, may not be made without the per- standing section 511 of said Act, for the Edward of title II and section 506 of title V of the Act, sonal approval of the President or the Attorney Byrne Memorial State and Local Law Enforce- as amended by Public Law 102–586, of which: (1) General and such approval may not be dele- ment Assistance Programs; $300,000,000 for the $100,000,000 shall be available for expenses au- gated. State Criminal Alien Assistance Program, as authorized by parts A, B, and C of title II of the SEC. 107. Not to exceed 5 percent of any ap- thorized by section 242(j) of the Immigration and Act; (2) $10,000,000 shall be available for ex- propriation made available for the current fiscal Nationality Act, as amended; $617,500,000 for penses authorized by sections 281 and 282 of year for the Department of Justice in this Act, Violent Offender Incarceration and Truth in part D of title II of the Act for prevention and including those derived from the Violent Crime Sentencing Incentive Grants pursuant to sub- treatment programs relating to juvenile gangs; Reduction Trust Fund, may be transferred be- title A of title II of the Violent Crime Control (3) $10,000,000 shall be available for expenses tween such appropriations, but no such appro- and Law Enforcement Act of 1994 (as amended authorized by section 285 of part E of title II of priation, except ‘‘salaries and expenses, Commu- by section 114 of this Act), of which $200,000,000 the Act; (4) $4,000,000 shall be available for ex- nity Relations Service’’ or as otherwise specifi- shall be available for payments to States for in- penses authorized by part G of title II of the Act cally provided, shall be increased by more than carceration of criminal aliens, and of which for juvenile mentoring programs; and (5) 10 percent by any such transfers: Provided, $12,500,000 shall be available for the Cooperative $20,000,000 shall be available for expenses au- That any transfer pursuant to this section shall Agreement Program; $1,000,000 for grants to thorized by title V of the Act for incentive be treated as a reprogramming of funds under States and units of local government for projects grants for local delinquency prevention pro- section 605 of this Act and shall not be available to improve DNA analysis, as authorized by sec- grams. for obligation or expenditure except in compli- tion 1001(a)(22) of the 1968 Act; $9,000,000 for In addition, for grants, contracts, cooperative ance with the procedures set forth in that sec- Improved Training and Technical Automation agreements, and other assistance authorized by tion. Grants, as authorized by section 210501(c)(1) of the Victims of Child Abuse Act of 1990, as SEC. 108. For fiscal year 1996 and each fiscal the 1994 Act; $1,000,000 for Law Enforcement amended, $4,500,000, to remain available until year thereafter, amounts in the Federal Prison Family Support Programs, as authorized by sec- expended, as authorized by section 214B, of the System’s Commissary Fund, Federal Prisons, tion 1001(a)(21) of the 1968 Act; $500,000 for Act: Provided, That balances of amounts appro- which are not currently needed for operations, Motor Vehicle Theft Prevention Programs, as priated prior to fiscal year 1995 under the au- shall be kept on deposit or invested in obliga- authorized by section 220002(h) of the 1994 Act; thorities of this account shall be transferred to tions of, or guaranteed by, the United States $1,000,000 for Gang Investigation Coordination and merged with this account. and all earnings on such investment shall be de- and Information Collection, as authorized by PUBLIC SAFETY OFFICERS BENEFITS posited in the Commissary Fund. section 150006 of the 1994 Act; $200,000 for grants For payments authorized by part L of title I SEC. 109. (a) Section 524(c)(8)(E) of title 28, as authorized by section 32201(c)(3) of the 1994 of the Omnibus Crime Control and Safe Streets United States Code, is amended by deleting Act: Provided further, That funds made avail- Act of 1968 (42 U.S.C. 3796), as amended, such ‘‘1994’’ and inserting ‘‘1995’’ in place thereof. able in fiscal year 1996 under subpart 1 of part sums as are necessary, to remain available until (b) Section 524(c)(9) is amended to read as fol- E of title I of the Omnibus Crime Control and expended, as authorized by section 6093 of Pub- lows: ‘‘(9) Following the completion of proce- Safe Streets Act of 1968, as amended, may be ob- lic Law 100–690 (102 Stat. 4339–4340), and, in ad- dures for the forfeiture of property pursuant to ligated for programs to assist States in the liti- dition, $2,134,000, to remain available until ex- any law enforced or administered by the De- gation processing of death penalty Federal ha- pended, for payments as authorized by section partment, the Attorney General is authorized, at beas corpus petitions: Provided further, That 1201(b) of said Act. his discretion, to warrant clear title to any subsequent purchaser or transferee of such prop- any 1995 balances for these programs shall be GENERAL PROVISIONS—DEPARTMENT OF JUSTICE transferred to and merged with this appropria- erty.’’. SEC. 101. In addition to amounts otherwise tion: Provided further, That if a unit of local SEC. 110. Hereafter, notwithstanding any made available in this title for official reception government uses any of the funds made avail- other provision of law— and representation expenses, a total of not to able under this title to increase the number of (1) No transfers may be made from Depart- exceed $45,000 from funds appropriated to the law enforcement officers, the unit of local gov- ment of Justice accounts other than those au- Department of Justice in this title shall be avail- ernment will achieve a net gain in the number thorized in this Act, or in previous or subse- able to the Attorney General for official recep- of law enforcement officers who perform non- quent appropriations Acts for the Department of tion and representation expenses in accordance administrative public safety service. Justice, or in part II of title 28 of the United with distributions, procedures, and regulations States Code, or in section 10601 of title 42 of the WEED AND SEED PROGRAM FUND established by the Attorney General. United States Code; and For necessary expenses, including salaries SEC. 102. Subject to section 102(b) of the De- (2) No appropriation account within the De- and related expenses of the Executive Office for partment of Justice and Related Agencies Ap- partment of Justice shall have its allocation of Weed and Seed, to implement ‘‘Weed and Seed’’ propriations Act, 1993, as amended by section funds controlled by other than an apportion- program activities, $28,500,000, which shall be 112 of this Act, authorities contained in Public ment issued by the Office of Management and derived from discretionary grants provided Law 96–132, ‘‘The Department of Justice Appro- Budget or an allotment advice issued by the De- under the Edward Byrne Memorial State and priation Authorization Act, Fiscal Year 1980’’, partment of Justice. Local Law Enforcement Assistance Programs, to shall remain in effect until the termination date SEC. 111. (a) Section 1930(a)(6) of title 28, remain available until expended for intergovern- of this Act or until the effective date of a De- United States Code, is amended by striking ‘‘a mental agreements, including grants, coopera- partment of Justice Appropriation Authoriza- plan is confirmed or’’. tive agreements, and contracts, with State and tion Act, whichever is earlier. (b) Section 589a(b)(5) of such title is amended local law enforcement agencies engaged in the SEC. 103. None of the funds appropriated by by striking ‘‘;’’ and inserting, ‘‘until a reorga- investigation and prosecution of violent crimes this title shall be available to pay for an abor- nization plan is confirmed;’’. and drug offenses in ‘‘Weed and Seed’’ des- tion, except where the life of the mother would (c) Section 589a(f) of such title is amended— ignated communities, and for either reimburse- be endangered if the fetus were carried to term, (1) in paragraph (2) by striking ‘‘.’’ and in- ments or transfers to appropriation accounts of or in the case of rape: Provided, That should serting, ‘‘until a reorganization plan is con- the Department of Justice and other Federal this prohibition be declared unconstitutional by firmed;’’, and agencies which shall be specified by the Attor- a court of competent jurisdiction, this section (2) by inserting after paragraph (2) the fol- ney General to execute the ‘‘Weed and Seed’’ shall be null and void. lowing new paragraph: program strategy: Provided, That funds des- SEC. 104. None of the funds appropriated ‘‘(3) 100 percent of the fees collected under ignated by Congress through language for other under this title shall be used to require any per- section 1930(a)(6) of this title after a reorganiza- Department of Justice appropriation accounts son to perform, or facilitate in any way the per- tion plan is confirmed.’’. for ‘‘Weed and Seed’’ program activities shall be formance of, any abortion. SEC. 112. Public Law 102–395, section 102 is managed and executed by the Attorney General SEC. 105. Nothing in the preceding section amended as follows: (1) in subsection (b)(1) through the Executive Office for Weed and shall remove the obligation of the Director of the strike ‘‘years 1993, 1994, and 1995’’ and insert

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2458 CONGRESSIONAL RECORD — SENATE March 20, 1996 ‘‘year 1996’’; (2) in subsection (b)(1)(C) strike this subtitle, a State shall submit an application date of the enactment of this subtitle policies ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year to the Attorney General that provides assur- that provide for the recognition of the rights 1996’’; and (3) in subsection (b)(5)(A) strike ances that the State has implemented, or will and needs of crime victims. ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year implement, correctional policies and programs, ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Not- 1996’’. including truth-in-sentencing laws that ensure withstanding any other provision of this sub- SEC. 113. Public Law 101–515 (104 Stat. 2112; 28 that violent offenders serve a substantial por- title, if a State, or unit of local government lo- U.S.C. 534 note) is amended by inserting ‘‘and tion of the sentences imposed, that are designed cated in a State that otherwise meets the re- criminal justice information’’ after ‘‘for the au- to provide sufficiently severe punishment for quirements of section 20103, certifies to the At- tomation of finger-print identification’’. violent offenders, including violent juvenile of- torney General that exigent circumstances exist SEC. 114. (a) GRANT PROGRAM.—Subtitle A of fenders, and that the prison time served is ap- that require the State to expend funds to build title II of the Violent Crime Control and Law propriately related to the determination that the or expand facilities to confine juvenile offenders Enforcement Act of 1994 is amended to read as inmate is a violent offender and for a period of other than juvenile offenders adjudicated delin- follows: time deemed necessary to protect the public. quent for an act which, if committed by an ‘‘Subtitle A—Violent Offender Incarceration ‘‘(b) TRUTH-IN-SENTENCING INCENTIVES.— adult, would be a part 1 violent crime, the State and Truth-in-Sentencing Incentive Grants ‘‘(1) ELIGIBILITY.—To be eligible to receive an may use funds received under this subtitle to ‘‘SEC. 20101. DEFINITIONS. additional grant award under this subsection, a build or expand juvenile correctional facilities ‘‘As used in this subtitle— State shall submit an application to the Attor- or pretrial detention facilities for juvenile of- ‘‘(1) the term ‘indeterminate sentencing’ ney General that demonstrates that— fenders. means a system by which— ‘‘(A) such State has implemented truth-in-sen- ‘‘(d) PRIVATE FACILITIES.—A State may use ‘‘(A) the court may impose a sentence of a tencing laws that— funds received under this subtitle for the privat- range defined by statute; and ‘‘(i) require persons convicted of a part 1 vio- ization of facilities to carry out the purposes of ‘‘(B) an administrative agency, generally the lent crime to serve not less than 85 percent of section 20102. parole board, or the court, controls release with- the sentence imposed (not counting time not ac- ‘‘(e) DEFINITION.—In a case in which a State in the statutory range; tually served, such as administrative or statu- defines a part 1 violent crime differently than ‘‘(2) the term ‘sentencing guidelines’ means a tory incentives for good behavior); or the definition provided in the Uniform Crime system of sentences which— ‘‘(A) is established for use by a sentencing ‘‘(ii) result in persons convicted of a part 1 Reports, the Attorney General shall determine court in determining the sentence to be imposed violent crime serving on average not less than 85 and designate whether the definition by such in a criminal case; and percent of the sentence imposed (not counting State is substantially similar to the definition ‘‘(B) increases certainty in sentencing, there- time not actually served, such as administrative provided in the Uniform Crime Reports. by providing assurances to victims of the sen- or statutory incentives for good behavior); ‘‘SEC. 20105. FORMULA FOR GRANTS. tence to be served; ‘‘(B) such State has truth-in-sentencing laws ‘‘In determining the amount of funds that ‘‘(3) the term ‘part 1 violent crime’ means mur- that have been enacted, but not yet imple- may be granted to each State eligible to receive der and nonnegligent manslaughter, forcible mented, that require such State, not later than a grant under section 20103, the Attorney Gen- rape, robbery, and aggravated assault as re- 3 years after such State submits an application eral shall apply the following formula: ported to the Federal Bureau of Investigation to the Attorney General, to provide that persons ‘‘(1) MINIMUM AMOUNT FOR GRANTS UNDER for purposes of the Uniform Crime Reports; and convicted of a part 1 violent crime serve not less SECTION 20103(a).—Of the amount set aside for ‘‘(4) the term ‘State’ means a State of the than 85 percent of the sentence imposed (not grants for section 20103(a), 0.75 percent shall be United States, the District of Columbia, or any counting time not actually served, such as ad- allocated to each eligible State, except that the commonwealth, territory, or possession of the ministrative or statutory incentives for good be- United States Virgin Islands, American Samoa, United States. havior); Guam, and the Commonwealth of the Northern ‘‘SEC. 20102. AUTHORIZATION OF GRANTS. ‘‘(C) in the case of a State that on the date of Mariana Islands shall each be allocated 0.05 ‘‘(a) IN GENERAL.—The Attorney General enactment of the Departments of Commerce, percent. shall provide Violent Offender Incarceration Justice, and State, the Judiciary and Related ‘‘(2) MINIMUM AMOUNT FOR GRANTS UNDER grants under section 20103(a) and Truth-in-Sen- Agencies Appropriations Act, 1996, practices in- SECTION 20103(b).—Of the amount set aside for tencing Incentive grants under section 20103(b) determinate sentencing with regard to any part additional grant awards under section to eligible States— 1 violent crime, persons convicted of a part 1 20103(b)— ‘‘(1) to build or expand correctional facilities violent crime in such State on average serve not ‘‘(A) if fewer than 20 States are awarded to increase the bed capacity for the confinement less than 85 percent of the sentence established grants under section 20103(b), 2.5 percent of the of persons convicted of a part 1 violent crime or under the State’s sentencing guidelines (not amounts paid shall be allocated to each eligible adjudicated delinquent for an act which if com- counting time not actually served, such as ad- State, except that the United States Virgin Is- mitted by an adult, would be a part 1 violent ministrative or statutory incentives for good be- lands, American Samoa, Guam, and the Com- crime; havior); or monwealth of the Northern Mariana Islands ‘‘(2) to build or expand temporary or perma- ‘‘(D) the number of new court commitments to shall each be allocated 0.05 percent; and nent correctional facilities, including facilities prison for part 1 violent crimes has increased by ‘‘(B) if 20 or more States are awarded grants on military bases, prison barges, and boot 10 percent or more over the most recent 3-year under section 20103(b), 2.0 percent of the camps, for the confinement of convicted non- period. amounts awarded shall be allocated to each eli- violent offenders and criminal aliens, for the ‘‘(2) EXCEPTION.—Notwithstanding paragraph gible State, except that the United States Virgin purpose of freeing suitable existing prison space (1), a State may provide that the Governor of Islands, American Samoa, Guam, and the Com- for the confinement of persons convicted of a the State may allow for the earlier release of— monwealth of the Northern Mariana Islands part 1 violent crime; and ‘‘(A) a geriatric prisoner; or shall each be allocated 0.04 percent. ‘‘(3) to build or expand jails. ‘‘(B) a prisoner whose medical condition pre- ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— ‘‘(b) REGIONAL COMPACTS.— cludes the prisoner from posing a threat to the ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(A) ALLOCATION OF REMAINING AMOUNTS public, but only after a public hearing in which States may enter into regional compacts to carry UNDER SECTION 20103(a).—The amounts remain- representatives of the public and the prisoner’s out this subtitle. Such compacts shall be treated ing after the application of paragraph (1) shall victims have had an opportunity to be heard reas States under this subtitle. be allocated to each eligible State in the ratio garding a proposed release. ‘‘(2) REQUIREMENT.—To be recognized as a re- that the population of such State bears to the gional compact for eligibility for a grant under ‘‘SEC. 20104. SPECIAL RULES. population of all States. section 20103 (a) or (b), each member State must ‘‘(a) SHARING OF FUNDS WITH COUNTIES AND ‘‘(B) DISTRIBUTION OF REMAINING AMOUNTS be eligible individually. OTHER UNITS OF LOCAL GOVERNMENT.— UNDER SECTION 20103(b).—The amounts remain- ‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No ‘‘(1) RESERVATION.—Each State shall reserve ing after the application of paragraph (2) shall State may receive a grant under this subtitle not more than 15 percent of the amount of funds be allocated to each eligible State in the ratio both individually and as part of a compact. allocated in a fiscal year pursuant to section that the average annual number of part 1 vio- ‘‘(c) APPLICABILITY.—Notwithstanding the eli- 20105 for counties and units of local government lent crimes reported by such State to the Federal gibility requirements of section 20103, a State to construct, develop, expand, modify, or im- Bureau of Investigation for the 3 years pre- that certifies to the Attorney General that, as of prove jails and other correctional facilities. ceding the year in which the determination is the date of enactment of the Department of Jus- ‘‘(2) FACTORS FOR DETERMINATION OF made bears to the average annual number of tice Appropriations Act, 1996, such State has en- AMOUNT.—To determine the amount of funds to part 1 violent crimes reported by all such States acted legislation in reliance on subtitle A of title be reserved under this subsection, a State shall to the Federal Bureau of Investigation for the 3 II of the Violent Crime Control and Law En- consider the burden placed on a county or unit years preceding the year in which the deter- forcement Act, as enacted on September 13, 1994, of local government that results from the imple- mination is made. and would in fact qualify under those provi- mentation of policies adopted by the State to ‘‘(C) UNAVAILABLE DATA.—If data regarding sions, shall be eligible to receive a grant for fis- carry out section 20103. part 1 violent crimes in any State is unavailable cal year 1996 as though such State qualifies ‘‘(b) ADDITIONAL REQUIREMENT.—To be eligi- for the 3 years preceding the year in which the under section 20103 of this subtitle. ble to receive a grant under section 20103, a determination is made or substantially inac- ‘‘SEC. 20103. GRANT ELIGIBILITY. State shall provide assurances to the Attorney curate, the Attorney General shall utilize the ‘‘(a) VIOLENT OFFENDER INCARCERATION General that the State has implemented or will best available comparable data regarding the GRANTS.—To be eligible to receive a grant under implement not later than 18 months after the number of violent crimes for the previous year

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for the State for the purposes of allocation of ceed 90 percent of the costs of a proposal as de- (B) FUNDING.— funds under this subtitle. scribed in an application approved under this (i) Section 1001(a) of the Omnibus Crime Con- ‘‘(4) REGIONAL COMPACTS.—In determining the subtitle. trol and Safe Streets Act of 1968 is amended by funds that States organized as a regional com- ‘‘SEC. 20108. PAYMENTS FOR INCARCERATION ON striking paragraph (20). pact may receive, the Attorney General shall TRIBAL LANDS. (ii) Notwithstanding the provisions of sub- first apply the formula in either paragraph (1) ‘‘(a) RESERVATION OF FUNDS.—Notwith- paragraph (A), any funds that remain available or (2) and (3) of this section to each member standing any other provision of this subtitle, to an applicant under paragraph (20) of title I State of the compact. The States organized as a from amounts appropriated under section 20107 of the Omnibus Crime Control and Safe Streets regional compact may receive the sum of the to carry out section 20103, the Attorney General Act of 1968 shall be used in accordance with amounts so determined. shall reserve, to carry out this section— part V of such Act as if such Act was in effect ‘‘(1) 0.3 percent in each of fiscal years 1996 ‘‘SEC. 20106. ACCOUNTABILITY. on the day preceding the date of enactment of and 1997; and this Act. ‘‘(a) FISCAL REQUIREMENTS.—A State that re- ‘‘(2) 0.2 percent in each of fiscal years 1998, ceives funds under this subtitle shall use ac- (2) VIOLENT CRIME CONTROL AND LAW EN- 1999, and 2000. FORCEMENT ACT OF 1994.— counting, audit, and fiscal procedures that con- ‘‘(b) GRANTS TO INDIAN TRIBES.—From the (A) TABLE OF CONTENTS.—The table of conform to guidelines prescribed by the Attorney amounts reserved under subsection (a), the At- tents of the Violent Crime Control and Law En- General, and shall ensure that any funds used torney General may make grants to Indian forcement Act of 1994 is amended by striking the to carry out the programs under section 20102(a) tribes for the purposes of constructing jails on matter relating to title V. shall represent the best value for the State gov- tribal lands for the incarceration of offenders ernments at the lowest possible cost and employ (B) COMPLIANCE.—Notwithstanding the provi- subject to tribal jurisdiction. sions of paragraph (1), any funds that remain the best available technology. ‘‘(c) APPLICATIONS.—To be eligible to receive a available to an applicant under title V of the ‘‘(b) ADMINISTRATIVE PROVISIONS.—The ad- grant under this section, an Indian tribe shall Violent Crime Control and Law Enforcement ministrative provisions of sections 801 and 802 of submit to the Attorney General an application Act of 1994 shall be used in accordance with the Omnibus Crime Control and Safe Streets Act in such form and containing such information such subtitle as if such subtitle was in effect on of 1968 shall apply to the Attorney General as the Attorney General may by regulation re- the day preceding the date of enactment of this under this subtitle in the same manner that quire. Act. such provisions apply to the officials listed in ‘‘SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR (C) TRUTH-IN-SENTENCING.—The table of con- such sections. INCARCERATION OF CRIMINAL tents of the Violent Crime Control and Law En- ‘‘SEC. 20107. AUTHORIZATION OF APPROPRIA- ALIENS. TIONS. ‘‘(a) IN GENERAL.—The Attorney General forcement Act of 1994 is amended by striking the ‘‘(a) IN GENERAL.— shall make a payment to each State which is eli- matter relating to subtitle A of title II and in- ‘‘(1) AUTHORIZATIONS.—There are authorized gible under section 242(j) of the Immigration and serting the following: to be appropriated to carry out this subtitle— Nationality Act and which meets the eligibility ‘‘SUBTITLE A—VIOLENT OFFENDER INCARCER- ‘‘(A) $997,500,000 for fiscal year 1996; requirements of section 20103, in such amount as ATION AND TRUTH-IN-SENTENCING INCENTIVE ‘‘(B) $1,330,000,000 for fiscal year 1997; is determined under section 242(j) and for which GRANTS ‘‘(C) $2,527,000,000 for fiscal year 1998; payment is not made to such State for such fis- ‘‘Sec. 20101. Definitions. ‘‘(D) $2,660,000,000 for fiscal year 1999; and cal year under such section. ‘‘Sec. 20102. Authorization of Grants. ‘‘(E) $2,753,100,000 for fiscal year 2000. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Sec. 20103. Grant eligibility. ‘‘(2) DISTRIBUTION.— Notwithstanding any other provision of this ‘‘Sec. 20104. Special rules. ‘‘(A) IN GENERAL.—Subject to section 20108, of subtitle, there are authorized to be appropriated ‘‘Sec. 20105. Formula for grants. the amount appropriated pursuant to para- to carry out this section from amounts author- ‘‘Sec. 20106. Accountability. graph (1), the Attorney General shall reserve— ized under section 20107, an amount which ‘‘Sec. 20107. Authorization of appropriations. ‘‘(i) in fiscal year 1996, 50 percent for grants when added to amounts appropriated to carry ‘‘Sec. 20108. Payments for Incarceration on under section 20103(a), and 50 percent for addi- out section 242(j) of the Immigration and Na- Tribal Lands. tional incentive awards under section 20103(b); tionality Act for fiscal year 1996 equals ‘‘Sec. 20109. Payments to eligible States for in- ‘‘(ii) in fiscal year 1997, 30 percent for grants $500,000,000 and for each of the fiscal years 1997 carceration of criminal aliens. under section 20103(a), and 70 percent for addi- through 2000 does not exceed $650,000,000. ‘‘Sec. 20110. Support of Federal prisoners in tional incentive awards under section 20103(b); ‘‘(c) REPORT TO CONGRESS.—Not later than non-Federal institutions. ‘‘(iii) in fiscal year 1998, 20 percent for grants May 15, 1999, the Attorney General shall submit ‘‘Sec. 20111. Report by the Attorney General.’’. under section 20103(a), and 80 percent for addi- a report to the Congress which contains the rec- SEC. 115. Notwithstanding provisions of 41 tional incentive awards under section 20103(b); ommendation of the Attorney General con- U.S.C. 353 or any other provision of law, the ‘‘(iv) in fiscal year 1999, 15 percent for grants cerning the extension of the program under this Federal Prison System may enter into contracts under section 20103(a), and 85 percent for addi- section. and other agreements with private entities for a tional incentive awards under section 20103(b); ‘‘SEC. 20110. SUPPORT OF FEDERAL PRISONERS period not to exceed 3 years and 7 additional op- and IN NON-FEDERAL INSTITUTIONS. tion years for the confinement of Federal pris- ‘‘(v) in fiscal year 2000, 10 percent for grants ‘‘(a) IN GENERAL.—The Attorney General may oners. under section 20103(a), and 90 percent for addi- make payments to States and units of local gov- SEC. 116. The pilot debt collection project au- tional incentive awards under section 20103(b); ernment for the purposes authorized in section thorized by Public Law 99–578, as amended, is ‘‘(B) DISTRIBUTION OF MINIMUM AMOUNTS.— 4013 of title 18, United States Code. extended through September 30, 1997. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— The Attorney General shall distribute minimum SEC. 117. The definition of ‘‘educational ex- amounts allocated under section 20105 (1) and Notwithstanding any other provision of this penses’’ in Section 200103 of the Violent Crime (2) to an eligible State not later than 30 days subtitle, there are authorized to be appropriated Control and Law Enforcement Act of 1994, Pub- after receiving an application that demonstrates from amounts authorized under section 20107 for lic Law 103–322 is amended to read as follows: that such State qualifies for a Violent Offender each of fiscal years 1996 through 2000 such sums ‘‘educational expenses’’ means expenses that Incarceration grant under section 20103(a) or a as may be necessary to carry out this section. are directly attributable to— Truth-in-Sentencing Incentive grant under sec- ‘‘SEC. 20111. REPORT BY THE ATTORNEY GEN- (A) a course of education leading to the ERAL. tion 20103(b). award of the baccalaureate degree; or ‘‘Beginning on July 1, 1996, and each July 1 ‘‘(b) LIMITATIONS ON FUNDS.— (B) a course of graduate study following thereafter, the Attorney General shall report to ‘‘(1) USES OF FUNDS.—Except as provided in award of a baccalaureate degree, the Congress on the implementation of this subsection 20110, funds made available pursuant to including the cost of tuition, fees, books, sup- title, including a report on the eligibility of the this section shall be used only to carry out the plies, transportation, room and board and mis- States under section 20103, and the distribution purposes described in section 20102(a). cellaneous expenses. and use of funds under this subtitle.’’. ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds SEC. 118. (a) STATE COMPATIBILITY WITH FED- (b) PREFERENCE IN PAYMENTS.—Section made available pursuant to this section shall 242(j)(4) of the Immigration and Nationality Act ERAL BUREAU OF INVESTIGATION SYSTEMS.—(1) not be used to supplant State funds, but shall be (8 U.S.C. 1252(j)(4)) is amended by adding at the The Attorney General shall make funds avail- used to increase the amount of funds that end the following: able to the chief executive officer of each State would, in the absence of Federal funds, be made ‘‘(C) In carrying out paragraph (1)(A), the At- to carry out the activities described in para- available from State sources. torney General shall give preference in making graph (2). ‘‘(3) ADMINISTRATIVE COSTS.—Not more than 3 payments to States and political subdivisions of (2) USES.—The executive officer of each State percent of the funds made available pursuant to States which are ineligible for payments under shall use the funds made available under this this section shall be used for administrative section 20109 of the Violent Crime Control and subsection in conjunction with units of local costs. Law Enforcement Act of 1994.’’. government, other States, or combinations there- ‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds (c) CONFORMING AMENDMENTS.— of, to carry out all or part of a program to es- appropriated pursuant to this section during (1) OMNIBUS CRIME CONTROL AND SAFE tablish, develop, update, or upgrade— any fiscal year shall remain available until ex- STREETS ACT OF 1968.— (A) computerized identification systems that pended. (A) PART V.—Part V of title I of the Omnibus are compatible and integrated with the data- ‘‘(5) MATCHING FUNDS.—The Federal share of Crime Control and Safe Streets Act of 1968 is re- bases of the National Crime Information Center a grant received under this subtitle may not ex- pealed. of the Federal Bureau of Investigation;

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2460 CONGRESSIONAL RECORD — SENATE March 20, 1996 (B) ballistics identification programs that are purchase or construction of temporary demount- when in the opinion of the Secretary of Com- compatible and integrated with the Drugfire able exhibition structures for use abroad; pay- merce, such financial assistance is necessary for Program of the Federal Bureau of Investigation; ment of tort claims, in the manner authorized in the economic development of the area: Provided (C) the capability to analyze deoxyribonucleic the first paragraph of 28 U.S.C. 2672 when such further, That the Secretary of Commerce may, acid (DNA) in a forensic laboratory in ways claims arise in foreign countries; not to exceed as the Secretary considers appropriate, consult that are compatible and integrated with the $327,000 for official representation expenses with the Secretary of Defense regarding the title combined DNA Identification System (CODIS) of abroad; purchase of passenger motor vehicles for to land on military installations closed or sched- the Federal Bureau of Investigation; and official use abroad, not to exceed $30,000 per ve- uled for closure or realignment. (D) automated fingerprint identification sys- hicle; obtain insurance on official motor vehi- SALARIES AND EXPENSES tems that are compatible and integrated with cles; and rent tie lines and teletype equipment; For necessary expenses of administering the the Integrated Automated Fingerprint Identi- $264,885,000, to remain available until expended: economic development assistance programs as fication System (IAFIS) of the Federal Bureau Provided, That the provisions of the first sen- provided for by law, $20,000,000: Provided, That of Investigation. tence of section 105(f) and all of section 108(c) of these funds may be used to monitor projects ap- (b) ELIGIBILITY.—To be eligible to receive a the Mutual Educational and Cultural Exchange proved pursuant to title I of the Public Works grant under this section, a State shall require Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall Employment Act of 1976, as amended, title II of that each person convicted of a felony of a sex- apply in carrying out these activities without the Trade Act of 1974, as amended, and the ual nature shall provide a sample of blood, sa- regard to 15 U.S.C. 4912; and that for the pur- Community Emergency Drought Relief Act of liva, or other specimen necessary to conduct a pose of this Act, contributions under the provi- 1977. DNA analysis consistent with the standards es- sions of the Mutual Educational and Cultural MINORITY BUSINESS DEVELOPMENT AGENCY tablished for DNA testing by the Director of the Exchange Act shall include payment for assess- Federal Bureau of Investigation. ments for services provided as part of these ac- MINORITY BUSINESS DEVELOPMENT (c) INTERSTATE COMPACTS.—A State may enter tivities. For necessary expenses of the Department of into a compact or compacts with another State Commerce in fostering, promoting, and devel- EXPORT ADMINISTRATION or States to carry out this section. oping minority business enterprise, including ex- (d) ALLOCATION.—The Attorney General shall OPERATIONS AND ADMINISTRATION penses of grants, contracts, and other agree- allocate the funds appropriated under sub- For necessary expenses for export administra- ments with public or private organizations, section (e) to each State based on the following tion and national security activities of the De- $32,000,000. formula: partment of Commerce, including costs associ- ECONOMIC AND INFORMATION INFRASTRUCTURE (1) .25 percent shall be allocated to each of the ated with the performance of export administra- ECONOMIC AND STATISTICAL ANALYSIS participating States. tion field activities both domestically and (2) Of the total funds remaining after the allo- abroad; full medical coverage for dependent SALARIES AND EXPENSES cation under paragraph (1), each State shall be members of immediate families of employees sta- For necessary expenses, as authorized by law, allocated an amount that bears the same ratio tioned overseas; employment of Americans and of economic and statistical analysis programs of to the amount of such funds as the population aliens by contract for services abroad; rental of the Department of Commerce, $45,900,000, to re- of such State bears to the population of all space abroad for periods not exceeding ten main available until September 30, 1997. States. years, and expenses of alteration, repair, or im- ECONOMICS AND STATISTICS ADMINISTRATION (e) APPROPRIATION.—$11,800,000 is appro- provement; payment of tort claims, in the man- REVOLVING FUND priated to carry out the provisions in this sec- ner authorized in the first paragraph of 28 The Secretary of Commerce is authorized to tion and shall remain available until expended. U.S.C. 2672 when such claims arise in foreign disseminate economic and statistical data prod- This title may be cited as the ‘‘Department of countries; not to exceed $15,000 for official rep- ucts as authorized by 15 U.S.C. 1525–1527 and, Justice Appropriations Act, 1996’’. resentation expenses abroad; awards of com- notwithstanding 15 U.S.C. 4912, charge fees nec- TITLE II—DEPARTMENT OF COMMERCE pensation to informers under the Export Admin- essary to recover the full costs incurred in their AND RELATED AGENCIES istration Act of 1979, and as authorized by 22 production. Notwithstanding 31 U.S.C. 3302, re- U.S.C. 401(b); purchase of passenger motor vehi- ceipts received from these data dissemination ac- TRADE AND INFRASTRUCTURE DEVELOPMENT cles for official use and motor vehicles for law tivities shall be credited to this account, to be RELATED AGENCIES enforcement use with special requirement vehi- available for carrying out these purposes with- OFFICE OF THE UNITED STATES TRADE cles eligible for purchase without regard to any out further appropriation. REPRESENTATIVE price limitation otherwise established by law; BUREAU OF THE CENSUS $38,604,000, to remain available until expended: SALARIES AND EXPENSES SALARIES AND EXPENSES Provided, That the provisions of the first sen- For necessary expenses of the Office of the For expenses necessary for collecting, com- United States Trade Representative, including tence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange piling, analyzing, preparing, and publishing the hire of passenger motor vehicles and the em- statistics, provided for by law, $133,812,000. ployment of experts and consultants as author- Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall PERIODIC CENSUSES AND PROGRAMS ized by 5 U.S.C. 3109, $20,889,000, of which apply in carrying out these activities: Provided For expenses necessary to collect and publish $2,500,000 shall remain available until expended: further, That payments and contributions col- statistics for periodic censuses and programs Provided, That not to exceed $98,000 shall be lected and accepted for materials or services pro- provided for by law, $150,300,000, to remain available for official reception and representa- vided as part of such activities may be retained available until expended. tion expenses. for use in covering the cost of such activities, and for providing information to the public with NATIONAL TELECOMMUNICATIONS AND INTERNATIONAL TRADE COMMISSION respect to the export administration and na- INFORMATION ADMINISTRATION SALARIES AND EXPENSES tional security activities of the Department of SALARIES AND EXPENSES For necessary expenses of the International Commerce and other export control programs of For necessary expenses, as provided for by Trade Commission, including hire of passenger the United States and other governments. law, of the National Telecommunications and motor vehicles and services as authorized by 5 ECONOMIC DEVELOPMENT ADMINISTRATION Information Administration, $17,000,000 to re- U.S.C. 3109, and not to exceed $2,500 for official main available until expended: Provided, That reception and representation expenses, ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS notwithstanding 31 U.S.C. 1535(d), the Secretary $40,000,000, to remain available until expended. For grants for economic development assistance as provided by the Public Works and Eco- of Commerce is authorized to charge Federal DEPARTMENT OF COMMERCE nomic Development Act of 1965, as amended, agencies for spectrum management, analysis, INTERNATIONAL TRADE ADMINISTRATION Public Law 91–304, and such laws that were in and operations, and related services: Provided OPERATIONS AND ADMINISTRATION effect immediately before September 30, 1982, further, That the Secretary of Commerce is au- For necessary expenses for international trade and for trade adjustment assistance, thorized to retain and use as offsetting collec- activities of the Department of Commerce pro- $328,500,000: Provided, That none of the funds tions all funds transferred, or previously trans- vided for by law, and engaging in trade pro- appropriated or otherwise made available under ferred, from other Government agencies for spec- motional activities abroad, including expenses of this heading may be used directly or indirectly trum management, analysis, and operations, grants and cooperative agreements for the pur- for attorneys’ or consultants’ fees in connection and related services and for all costs incurred in pose of promoting exports of United States firms, with securing grants and contracts made by the telecommunications research, engineering, and without regard to 44 U.S.C. 3702 and 3703; full Economic Development Administration: Pro- related activities by the Institute for Tele- medical coverage for dependent members of im- vided further, That, notwithstanding any other communication Sciences of the NTIA in further- mediate families of employees stationed overseas provision of law, the Secretary of Commerce ance of its assigned functions under this para- and employees temporarily posted overseas; may provide financial assistance for projects to graph, and such funds received from other Gov- travel and transportation of employees of the be located on military installations closed or ernment agencies shall remain available until United States and Foreign Commercial Service scheduled for closure or realignment to grantees expended. between two points abroad, without regard to 49 eligible for assistance under the Public Works PUBLIC BROADCASTING FACILITIES, PLANNING AND U.S.C. 1517; employment of Americans and and Economic Development Act of 1965, as CONSTRUCTION aliens by contract for services; rental of space amended, without it being required that the For grants authorized by section 392 of the abroad for periods not exceeding ten years, and grantee have title or ability to obtain a lease for Communications Act of 1934, as amended, expenses of alteration, repair, or improvement; the property, for the useful life of the project, $15,500,000, to remain available until expended

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as authorized by section 391 of the Act, as NATIONAL OCEANIC AND ATMOSPHERIC observer program authorized by these Acts, not amended: Provided, That not to exceed ADMINISTRATION to exceed $196,000, to remain available until ex- $2,200,000 shall be available for program admin- OPERATIONS, RESEARCH, AND FACILITIES pended. istration as authorized by section 391 of the Act: (INCLUDING TRANSFER OF FUNDS) FISHING VESSEL OBLIGATIONS GUARANTEES Provided further, That notwithstanding the For necessary expenses of activities author- For the cost, as defined in section 502 of the provisions of section 391 of the Act, the prior ized by law for the National Oceanic and At- Federal Credit Reform Act of 1990, of guaran- year unobligated balances may be made avail- mospheric Administration, including acquisi- teed loans authorized by the Merchant Marine able for grants for projects for which application, maintenance, operation, and hire of air- Act of 1936, as amended, $250,000: Provided, tions have been submitted and approved during craft; not to exceed 358 commissioned officers on That none of the funds made available under any fiscal year. the active list; grants, contracts, or other pay- this heading may be used to guarantee loans for INFORMATION INFRASTRUCTURE GRANTS ments to nonprofit organizations for the pur- any new fishing vessel that will increase the harvesting capacity in any United States fish- For grants authorized by section 392 of the poses of conducting activities pursuant to coop- ery. Communications Act of 1934, as amended, erative agreements; and alteration, moderniza- $21,500,000, to remain available until expended tion, and relocation of facilities as authorized TECHNOLOGY ADMINISTRATION as authorized by section 391 of the Act, as by 33 U.S.C. 883i; $1,802,677,000, to remain avail- UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF amended: Provided, That not to exceed able until expended: Provided, That notwith- TECHNOLOGY POLICY standing 31 U.S.C. 3302 but consistent with $3,000,000 shall be available for program admin- SALARIES AND EXPENSES other existing law, fees shall be assessed, col- istration and other support activities as author- For necessary expenses for the Under Sec- ized by section 391 of the Act including support lected, and credited to this appropriation as offsetting collections to be available until ex- retary for Technology/Office of Technology Pol- of the Advisory Council on National Informa- icy, $5,000,000. tion Infrastructure: Provided further, That of pended, to recover the costs of administering GENERAL ADMINISTRATION the funds appropriated herein, not to exceed 5 aeronautical charting programs: Provided fur- percent may be available for telecommunications ther, That the sum herein appropriated from the SALARIES AND EXPENSES research activities for projects related directly to general fund shall be reduced as such additional For expenses necessary for the general admin- the development of a national information in- fees are received during fiscal year 1996, so as to istration of the Department of Commerce pro- frastructure: Provided further, That notwith- result in a final general fund appropriation esti- vided for by law, including not to exceed $3,000 standing the requirements of section 392(a) and mated at not more than $1,799,677,000: Provided for official entertainment, $29,100,000. 392(c) of the Act, these funds may be used for further, That any such additional fees received OFFICE OF INSPECTOR GENERAL the planning and construction of telecommuni- in excess of $3,000,000 in fiscal year 1996 shall For necessary expenses of the Office of In- cations networks for the provision of edu- not be available for obligation until October 1, spector General in carrying out the provisions of cational, cultural, health care, public informa- 1996: Provided further, That fees and donations the Inspector General Act of 1978, as amended (5 tion, public safety or other social services. received by the National Ocean Service for the U.S.C. App. 1–11 as amended by Public Law management of the national marine sanctuaries 100–504), $19,849,000. PATENT AND TRADEMARK OFFICE may be retained and used for the salaries and NATIONAL INSTITUTE OF STANDARDS AND SALARIES AND EXPENSES expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, TECHNOLOGY For necessary expenses of the Patent and That in addition, $63,000,000 shall be derived by CONSTRUCTION OF RESEARCH FACILITIES Trademark Office provided for by law, including transfer from the fund entitled ‘‘Promote and (RESCISSION) defense of suits instituted against the Commis- Develop Fishery Products and Research Per- sioner of Patents and Trademarks; $82,324,000, Of the unobligated balances available under taining to American Fisheries’’: Provided fur- this heading, $75,000,000 are rescinded. to remain available until expended: Provided, ther, That grants to States pursuant to sections GENERAL PROVISIONS—DEPARTMENT OF That the funds made available under this head- 306 and 306(a) of the Coastal Zone Management COMMERCE ing are to be derived from deposits in the Patent Act, as amended, shall not exceed $2,000,000. and Trademark Office Fee Surcharge Fund as COASTAL ZONE MANAGEMENT FUND SEC. 201. During the current fiscal year, appli- authorized by law: Provided further, That the Of amounts collected pursuant to 16 U.S.C. cable appropriations and funds made available amounts made available under the Fund shall 1456a, not to exceed $7,800,000, for purposes set to the Department of Commerce by this Act shall not exceed amounts deposited; and such fees as forth in 16 U.S.C. 1456a(b)(2)(A), 16 U.S.C. be available for the activities specified in the shall be collected pursuant to 15 U.S.C. 1113 and 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e). Act of October 26, 1949 (15 U.S.C. 1514), to the 35 U.S.C. 41 and 376, shall remain available CONSTRUCTION extent and in the manner prescribed by the Act, until expended. For repair and modification of, and additions and, notwithstanding 31 U.S.C. 3324, may be SCIENCE AND TECHNOLOGY to, existing facilities and construction of new fa- used for advanced payments not otherwise au- cilities, and for facility planning and design thorized only upon the certification of officials NATIONAL INSTITUTE OF STANDARDS AND designated by the Secretary that such payments TECHNOLOGY and land acquisition not otherwise provided for the National Oceanic and Atmospheric Adminis- are in the public interest. EC. 202. During the current fiscal year, ap- SCIENTIFIC AND TECHNICAL RESEARCH AND tration, $50,000,000, to remain available until ex- S propriations made available to the Department SERVICES pended. of Commerce by this Act for salaries and ex- FLEET MODERNIZATION, SHIPBUILDING AND For necessary expenses of the National Insti- penses shall be available for hire of passenger CONVERSION tute of Standards and Technology, $259,000,000, motor vehicles as authorized by 31 U.S.C. 1343 For expenses necessary for the repair, acquisi- to remain available until expended, of which and 1344; services as authorized by 5 U.S.C. tion, leasing, or conversion of vessels, including not to exceed $8,500,000 may be transferred to 3109; and uniforms or allowances therefor, as related equipment to maintain and modernize the ‘‘Working Capital Fund’’. authorized by law (5 U.S.C. 5901–5902). the existing fleet and to continue planning the INDUSTRIAL TECHNOLOGY SERVICES SEC. 203. None of the funds made available by modernization of the fleet, for the National Oce- For necessary expenses of the Manufacturing this Act may be used to support the hurricane anic and Atmospheric Administration, reconnaissance aircraft and activities that are Extension Partnership of the National Institute $8,000,000, to remain available until expended. of Standards and Technology, $80,000,000, to re- under the control of the United States Air Force FISHING VESSEL AND GEAR DAMAGE or the United States Air Force Reserve. main available until expended, of which not to COMPENSATION FUND SEC. 204. None of the funds provided in this or exceed $500,000 may be transferred to the For carrying out the provisions of section 3 of ‘‘Working Capital Fund’’: Provided, That none any previous Act, or hereinafter made available Public Law 95–376, not to exceed $1,032,000, to to the Department of Commerce shall be avail- of the funds made available under this heading be derived from receipts collected pursuant to 22 in this or any other Act may be used for the able to reimburse the Unemployment Trust Fund U.S.C. 1980 (b) and (f), to remain available until or any other fund or account of the Treasury to purposes of carrying out additional program expended. competitions under the Advanced Technology pay for any expenses paid before October 1, FISHERMEN’S CONTINGENCY FUND Program: Provided further, That any unobli- 1992, as authorized by section 8501 of title 5, For carrying out the provisions of title IV of gated balances available from carryover of prior United States Code, for services performed after Public Law 95–372, not to exceed $999,000, to be year appropriations under the Advanced Tech- April 20, 1990, by individuals appointed to tem- derived from receipts collected pursuant to that nology Program may be used only for the pur- porary positions within the Bureau of the Cen- Act, to remain available until expended. poses of providing continuation grants. sus for purposes relating to the 1990 decennial FOREIGN FISHING OBSERVER FUND census of population. CONSTRUCTION OF RESEARCH FACILITIES For expenses necessary to carry out the provi- SEC. 205. Not to exceed 5 percent of any ap- For construction of new research facilities, in- sions of the Atlantic Tunas Convention Act of propriation made available for the current fiscal cluding architectural and engineering design, 1975, as amended (Public Law 96–339), the Mag- year for the Department of Commerce in this Act and for renovation of existing facilities, not oth- nuson Fishery Conservation and Management may be transferred between such appropria- erwise provided for the National Institute of Act of 1976, as amended (Public Law 100–627) tions, but no such appropriation shall be in- Standards and Technology, as authorized by 15 and the American Fisheries Promotion Act creased by more than 10 percent by any such U.S.C. 278c–278e, $60,000,000, to remain available (Public Law 96–561), there are appropriated transfers: Provided, That any transfer pursuant until expended. from the fees imposed under the foreign fishery to this section shall be treated as a

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2462 CONGRESSIONAL RECORD — SENATE March 20, 1996 reprogramming of funds under section 605 of the Assistant Secretary for Economic Develop- cine Injury Act of 1986, not to exceed $2,318,000, this Act and shall not be available for obligation ment, determines to be satisfactory. to be appropriated from the Vaccine Injury or expenditure except in compliance with the SEC. 209. Any costs incurred by a Department Compensation Trust Fund. procedures set forth in that section. or agency funded under this title resulting from VIOLENT CRIME REDUCTION PROGRAMS SEC. 206. (a) Should legislation be enacted to personnel actions taken in response to funding For activities of the Federal Judiciary as au- dismantle or reorganize the Department of Com- reductions included in this title shall be ab- thorized by law, $30,000,000, to remain available merce, the Secretary of Commerce, no later than sorbed within the total budgetary resources until expended, which shall be derived from the 90 days thereafter, shall submit to the Commit- available to such Department or agency: Pro- Violent Crime Reduction Trust Fund, as author- tees on Appropriations of the House and the vided, That the authority to transfer funds be- ized by section 190001(a) of Public Law 103–322. Senate a plan for transferring funds provided in tween appropriations accounts as may be nec- DEFENDER SERVICES this Act to the appropriate successor organiza- essary to carry out this provision is provided in For the operation of Federal Public Defender tions: Provided, That the plan shall include a addition to authorities included elsewhere in and Community Defender organizations, the proposal for transferring or rescinding funds this Act: Provided further, That use of funds to compensation and reimbursement of expenses of appropriated herein for agencies or programs carry out this section shall be treated as a re- attorneys appointed to represent persons under terminated under such legislation: Provided fur- programming of funds under section 605 of this the Criminal Justice Act of 1964, as amended, ther, That such plan shall be transmitted in ac- Act and shall not be available for obligation or the compensation and reimbursement of ex- cordance with section 605 of this Act. expenditure except in compliance with the pro- penses of persons furnishing investigative, ex- (b) The Secretary of Commerce or the appro- cedures set forth in that section. pert and other services under the Criminal Jus- priate head of any successor organization(s) This title may be cited as the ‘‘Department of tice Act (18 U.S.C. 3006A(e)), the compensation may use any available funds to carry out legis- Commerce and Related Agencies Appropriations (in accordance with Criminal Justice Act maxi- lation dismantling or reorganizing the Depart- Act, 1996’’. mums) and reimbursement of expenses of attor- ment of Commerce to cover the costs of actions TITLE III—THE JUDICIARY neys appointed to assist the court in criminal relating to the abolishment, reorganization or SUPREME COURT OF THE UNITED STATES cases where the defendant has waived represen- transfer of functions and any related personnel SALARIES AND EXPENSES tation by counsel, the compensation and reim- action, including voluntary separation incen- bursement of travel expenses of guardians ad tives if authorized by such legislation: Provided, For expenses necessary for the operation of the Supreme Court, as required by law, exclud- litem acting on behalf of financially eligible That the authority to transfer funds between minor or incompetent offenders in connection appropriations accounts that may be necessary ing care of the building and grounds, including purchase or hire, driving, maintenance and op- with transfers from the United States to foreign to carry out this section is provided in addition countries with which the United States has a to authorities included under section 205 of this eration of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of trans- treaty for the execution of penal sentences, and Act: Provided further, That use of funds to the compensation of attorneys appointed to rep- carry out this section shall be treated as a reporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 resent jurors in civil actions for the protection of programming of funds under section 605 of this their employment, as authorized by 28 U.S.C. Act and shall not be available for obligation or and 1344; not to exceed $10,000 for official reception and representation expenses; and for mis- 1875(d), $267,217,000, to remain available until expenditure except in compliance with the pro- expended as authorized by 18 U.S.C. 3006A(i): cedures set forth in that section: Provided fur- cellaneous expenses, to be expended as the Chief Justice may approve, $25,834,000. Provided, That none of the funds provided in ther, That no monies appropriated under this this Act shall be available for Death Penalty CARE OF THE BUILDING AND GROUNDS Act or any other law shall be used by the Sec- Resource Centers or Post-Conviction Defender For such expenditures as may be necessary to retary of Commerce to issue final determinations Organizations after April 1, 1996. under subsections (a), (b), (c), (e), (g) or (i) of enable the Architect of the Capitol to carry out FEES OF JURORS AND COMMISSIONERS section 4 of the Endangered Species Act of 1973 the duties imposed upon him by the Act ap- For fees and expenses of jurors as authorized (16 U.S.C. 1533), until such time as legislation proved May 7, 1934 (40 U.S.C. 13a–13b), by 28 U.S.C. 1871 and 1876; compensation of jury reauthorizing the Act is enacted or until the end $3,313,000, of which $500,000 shall remain avail- commissioners as authorized by 28 U.S.C. 1863; of fiscal year 1996, whichever is earlier, except able until expended. and compensation of commissioners appointed that monies appropriated under this Act may be UNITED STATES COURT OF APPEALS FOR THE in condemnation cases pursuant to rule 71A(h) used to delist or reclassify species pursuant to FEDERAL CIRCUIT of the Federal Rules of Civil Procedure (28 subsections 4(a)(2)(B), 4(c)(2)(B)(i), and SALARIES AND EXPENSES U.S.C. Appendix Rule 71A(h)); $59,028,000, to re- 4(c)(2)(B)(ii) of the Endangered Species Act, and For salaries of the chief judge, judges, and main available until expended: Provided, That may be used to issue emergency listings under other officers and employees, and for necessary the compensation of land commissioners shall section 4(b)(7) of the Endangered Species Act. expenses of the court, as authorized by law, not exceed the daily equivalent of the highest SEC. 207. Notwithstanding any other provision of law (including any regulation and including $14,288,000. rate payable under section 5332 of title 5, United the Public Works and Economic Development UNITED STATES COURT OF INTERNATIONAL States Code. Act of 1965), the transfer of title to the Rutland TRADE COURT SECURITY City Industrial Complex to Hilinex, Vermont (as SALARIES AND EXPENSES For necessary expenses, not otherwise pro- related to Economic Development Administra- For salaries of the chief judge and eight vided for, incident to the procurement, installation Project Number 01–11–01742) shall not re- judges, salaries of the officers and employees of tion, and maintenance of security equipment quire compensation to the Federal Government the court, services as authorized by 5 U.S.C. and protective services for the United States for the fair share of the Federal Government of 3109, and necessary expenses of the court, as au- Courts in courtrooms and adjacent areas, in- that real property. thorized by law, $10,859,000. cluding building ingress-egress control, inspec- SEC. 208. (a) IN GENERAL.—The Secretary of tion of packages, directed security patrols, and COURTS OF APPEALS, DISTRICT COURTS, AND Commerce, acting through the Assistant Sec- other similar activities as authorized by section OTHER JUDICIAL SERVICES retary for Economic Development of the Depart- 1010 of the Judicial Improvement and Access to ment of Commerce, shall— SALARIES AND EXPENSES Justice Act (Public Law 100–702); $102,000,000, to (1) not later than January 1, 1996, commence For the salaries of circuit and district judges be expended directly or transferred to the the demolition of the structures on, and the (including judges of the territorial courts of the United States Marshals Service which shall be cleanup and environmental remediation on, the United States), justices and judges retired from responsible for administering elements of the Ju- parcel of land described in subsection (b); office or from regular active service, judges of dicial Security Program consistent with stand- (2) not later than March 31, 1996, complete the the United States Court of Federal Claims, ards or guidelines agreed to by the Director of demolition, cleanup, and environmental remedi- bankruptcy judges, magistrate judges, and all the Administrative Office of the United States ation under paragraph (1); and other officers and employees of the Federal Ju- Courts and the Attorney General. (3) not later than April 1, 1996, convey the diciary not otherwise specifically provided for, ADMINISTRATIVE OFFICE OF THE UNITED STATES parcel of land described in subsection (b), in ac- and necessary expenses of the courts, as author- COURTS cordance with the requirements of section 120(h) ized by law, $2,433,141,000 (including the pur- SALARIES AND EXPENSES of the Comprehensive Environmental Response, chase of firearms and ammunition); of which For necessary expenses of the Administrative Compensation, and Liability Act of 1980 (42 not to exceed $13,454,000 shall remain available Office of the United States Courts as authorized U.S.C. 9620(h)), to the Tuscaloosa County In- until expended for space alteration projects; of by law, including travel as authorized by 31 dustrial Development Authority, on receipt of which not to exceed $10,000,000 shall remain U.S.C. 1345, hire of a passenger motor vehicle as payment of the fair market value for the parcel available until expended for furniture and fur- authorized by 31 U.S.C. 1343(b), advertising and by the Authority, as agreed on by the Secretary nishings related to new space alteration and rent in the District of Columbia and elsewhere, and the Authority. construction projects; and of which $500,000 is to $47,500,000, of which not to exceed $7,500 is au- (b) LAND PARCEL.—The parcel of land referred remain available until expended for acquisition thorized for official reception and representa- to in subsection (a) is the parcel of land con- of books, periodicals, and newspapers, and all tion expenses. sisting of approximately 41 acres in Holt, Ala- other legal reference materials, including sub- bama (in Tuscaloosa County), that is generally scriptions. FEDERAL JUDICIAL CENTER known as the ‘‘Central Foundry Property’’, as In addition, for expenses of the United States SALARIES AND EXPENSES depicted on a map, and as described in a legal Court of Federal Claims associated with proc- For necessary expenses of the Federal Judicial description, that the Secretary, acting through essing cases under the National Childhood Vac- Center, as authorized by Public Law 90–219,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2463 $17,914,000; of which $1,800,000 shall remain cles as authorized by 31 U.S.C. 1343, 40 U.S.C. the Inspector General Act of 1978, as amended (5 available through September 30, 1997, to provide 481(c) and 22 U.S.C. 2674; and for expenses of U.S.C. App.), $27,369,000, notwithstanding sec- education and training to Federal court per- general administration, $1,708,800,000: Provided, tion 209(a)(1) of the Foreign Service Act of 1980 sonnel; and of which not to exceed $1,000 is au- That notwithstanding section 140(a)(5), and the (Public Law 96–465), as it relates to post inspec- thorized for official reception and representa- second sentence of section 140(a)(3) of the For- tions: Provided, That notwithstanding any tion expenses. eign Relations Authorization Act, Fiscal Years other provision of law, (1) the Office of the In- JUDICIAL RETIREMENT FUNDS 1994 and 1995 (Public Law 103–236), not to ex- spector General of the United States Informa- ceed $125,000,000 of fees may be collected during tion Agency is hereby merged with the Office of PAYMENT TO JUDICIARY TRUST FUNDS fiscal year 1996 under the authority of section the Inspector General of the Department of For payment to the Judicial Officers’ Retire- 140(a)(1) of that Act: Provided further, That all State; (2) the functions exercised and assigned ment Fund, as authorized by 28 U.S.C. 377(o), fees collected under the preceding proviso shall to the Office of the Inspector General of the $24,000,000, to the Judicial Survivors’ Annuities be deposited in fiscal year 1996 as an offsetting United States Information Agency before the ef- Fund, as authorized by 28 U.S.C. 376(c), collection to appropriations made under this fective date of this Act (including all related $7,000,000, and to the United States Court of heading to recover the costs of providing con- functions) are transferred to the Office of the Federal Claims Judges’ Retirement Fund, as au- sular services and shall remain available until Inspector General of the Department of State; thorized by 28 U.S.C. 178(l), $1,900,000. expended: Provided further, That starting in fis- and (3) the Inspector General of the Department UNITED STATES SENTENCING COMMISSION cal year 1997, a system shall be in place that al- of State shall also serve as the Inspector General SALARIES AND EXPENSES locates to each department and agency the full of the United States Information Agency. For the salaries and expenses necessary to cost of its presence outside of the United States. REPRESENTATION ALLOWANCES carry out the provisions of chapter 58 of title 28, Of the funds provided under this heading, For representation allowances as authorized United States Code, $8,500,000, of which not to $24,856,000 shall be available only for the Diplo- by section 905 of the Foreign Service Act of 1980, exceed $1,000 is authorized for official reception matic Telecommunications Service for operation as amended (22 U.S.C. 4085), $4,500,000. of existing base services and not to exceed and representation expenses. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS $17,144,000 shall be available only for the en- GENERAL PROVISIONS—THE JUDICIARY For expenses, not otherwise provided, to enhancement of the Diplomatic Telecommuni- SEC. 301. Appropriations and authorizations able the Secretary of State to provide for ex- cations Service and shall remain available until made in this title which are available for sala- traordinary protective services in accordance expended. Of the latter amount, $9,600,000 shall ries and expenses shall be available for services with the provisions of section 214 of the State not be made available until expiration of the 15 as authorized by 5 U.S.C. 3109. Department Basic Authorities Act of 1956 (22 day period beginning on the date when the Sec- SEC. 302. Appropriations made in this title U.S.C. 4314) and 3 U.S.C. 208, $8,579,000. retary of State and the Director of the Diplo- shall be available for salaries and expenses of matic Telecommunications Service submit the SECURITY AND MAINTENANCE OF UNITED STATES the Special Court established under the Re- pilot program report required by section 507 of MISSIONS gional Rail Reorganization Act of 1973, Public Public Law 103–317. For necessary expenses for carrying out the Law 93–236. In addition, not to exceed $700,000 in registra- Foreign Service Buildings Act of 1926, as amend- SEC. 303. Not to exceed 5 percent of any ap- tion fees collected pursuant to section 38 of the ed (22 U.S.C. 292–300), and the Diplomatic Secu- propriation made available for the current fiscal Arms Export Control Act, as amended, may be rity Construction Program as authorized by title year for the Judiciary in this Act may be trans- used in accordance with section 45 of the State IV of the Omnibus Diplomatic Security and ferred between such appropriations, but no such Department Basic Authorities Act of 1956, 22 Antiterrorism Act of 1986 (22 U.S.C. 4851), appropriation, except ‘‘Courts of Appeals, Dis- U.S.C. 2717; and in addition not to exceed $385,760,000, to remain available until expended trict Courts, and other Judicial Services, De- $1,223,000 shall be derived from fees from other as authorized by 22 U.S.C. 2696(c): Provided, fender Services’’, shall be increased by more executive agencies for lease or use of facilities That none of the funds appropriated in this than 10 percent by any such transfers: Pro- located at the International Center in accord- paragraph shall be available for acquisition of vided, That any transfer pursuant to this sec- ance with section 4 of the International Center furniture and furnishings and generators for tion shall be treated as a reprogramming of Act (Public Law 90–553, as amended by section other departments and agencies. funds under section 605 of this Act and shall not 120 of Public Law 101–246); and in addition not EMERGENCIES IN THE DIPLOMATIC AND CONSULAR be available for obligation or expenditure except to exceed $15,000 which shall be derived from re- SERVICE in compliance with the procedures set forth in imbursements, surcharges, and fees for use of For expenses necessary to enable the Sec- that section. Blair House facilities in accordance with section retary of State to meet unforeseen emergencies SEC. 304. Notwithstanding any other provision 46 of the State of Department Basic Authorities arising in the Diplomatic and Consular Service of law, the salaries and expenses appropriation Act of 1956 (22 U.S.C. 2718(a)). pursuant to the requirement of 31 U.S.C. 3526(e), for district courts, courts of appeals, and other Notwithstanding section 402 of this Act, not to $6,000,000, to remain available until expended as judicial services shall be available for official re- exceed 20 percent of the amounts made available authorized by 22 U.S.C. 2696(c), of which not to ception and representation expenses of the Judi- in this Act in the appropriation accounts, ‘‘Dip- exceed $1,000,000 may be transferred to and cial Conference of the United States: Provided, lomatic and Consular Programs’’ and ‘‘Salaries merged with the Repatriation Loans Program That such available funds shall not exceed and Expenses’’ under the heading ‘‘Administra- Account, subject to the same terms and condi- $10,000 and shall be administered by the Direc- tion of Foreign Affairs’’ may be transferred be- tions. tor of the Administrative Office of the United tween such appropriation accounts: Provided, States Courts in his capacity as Secretary of the REPATRIATION LOANS PROGRAM ACCOUNT That any transfer pursuant to this section shall Judicial Conference. For the cost of direct loans, $593,000, as au- be treated as a reprogramming of funds under SEC. 305. Section 333 of title 28, United States thorized by 22 U.S.C. 2671: Provided, That such section 605 of this Act and shall not be available Code, is amended— costs, including the cost of modifying such for obligation or expenditure except in compli- (1) in the first paragraph by striking ‘‘shall’’ loans, shall be as defined in section 502 of the ance with the procedures set forth in that sec- the first, second, and fourth place it appears Congressional Budget Act of 1974. In addition, tion. and inserting ‘‘may’’; and for administrative expenses necessary to carry For an additional amount for security en- (2) in the second paragraph— out the direct loan program, $183,000 which may hancements to counter the threat of terrorism, (A) by striking ‘‘shall’’ the first place it ap- be transferred to and merged with the Salaries $9,720,000, to remain available until expended. pears and inserting ‘‘may’’; and and Expenses account under Administration of (B) by striking ‘‘, and unless excused by the SALARIES AND EXPENSES Foreign Affairs. chief judge, shall remain throughout the con- For expenses necessary for the general admin- PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN ference’’. istration of the Department of State and the For necessary expenses to carry out the Tai- This title may be cited as ‘‘The Judiciary Ap- Foreign Service, provided for by law, including wan Relations Act, Public Law 96–8 (93 Stat. propriations Act, 1996’’. expenses authorized by section 9 of the Act of 14), $15,165,000. August 31, 1964, as amended (31 U.S.C. 3721), TITLE IV—DEPARTMENT OF STATE AND PAYMENT TO THE FOREIGN SERVICE RETIREMENT and the State Department Basic Authorities Act RELATED AGENCIES AND DISABILITY FUND of 1956, as amended, $363,276,000. DEPARTMENT OF STATE For an additional amount for security en- For payment to the Foreign Service Retire- ADMINISTRATION OF FOREIGN AFFAIRS hancements to counter the threat of terrorism, ment and Disability Fund, as authorized by law, $125,402,000. DIPLOMATIC AND CONSULAR PROGRAMS $1,870,000, to remain available until expended. For necessary expenses of the Department of CAPITAL INVESTMENT FUND INTERNATIONAL ORGANIZATIONS AND State and the Foreign Service not otherwise pro- For necessary expenses of the Capital Invest- CONFERENCES vided for, including expenses authorized by the ment Fund, $16,400,000, to remain available CONTRIBUTIONS TO INTERNATIONAL State Department Basic Authorities Act of 1956, until expended, as authorized in Public Law ORGANIZATIONS as amended; representation to certain inter- 103–236: Provided, That section 135(e) of Public For expenses, not otherwise provided for, nec- national organizations in which the United Law 103–236 shall not apply to funds appro- essary to meet annual obligations of membership States participates pursuant to treaties, ratified priated under this heading. in international multilateral organizations, pur- pursuant to the advice and consent of the Sen- OFFICE OF INSPECTOR GENERAL suant to treaties ratified pursuant to the advice ate, or specific Acts of Congress; acquisition by For necessary expenses of the Office of In- and consent of the Senate, conventions or spe- exchange or purchase of passenger motor vehi- spector General in carrying out the provisions of cific Acts of Congress, $700,000,000: Provided,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2464 CONGRESSIONAL RECORD — SENATE March 20, 1996

That any payment of arrearages shall be di- Water Commission, United States and Mexico, TECHNOLOGY FUND rected toward special activities that are mutu- and to comply with laws applicable to the For expenses necessary to enable the United ally agreed upon by the United States and the United States Section, including not to exceed States Information Agency to provide for the respective international organization: Provided $6,000 for representation; as follows: procurement of information technology improve- further, That 20 percent of the funds appro- SALARIES AND EXPENSES ments, as authorized by the United States Infor- priated in this paragraph for the assessed con- For salaries and expenses, not otherwise pro- mation and Educational Exchange Act of 1948, tribution of the United States to the United Na- vided for, $12,058,000. as amended (22 U.S.C. 1431 et seq.), the Mutual tions shall be withheld from obligation and ex- CONSTRUCTION Educational and Cultural Exchange Act of 1961, penditure until a certification is made under For detailed plan preparation and construc- as amended (22 U.S.C. 2451 et seq.), and Reorga- section 401(b) of Public Law 103–236 for fiscal tion of authorized projects, $6,644,000, to remain nization Plan No. 2 of 1977 (91 Stat. 1636), year 1996: Provided further, That certification available until expended as authorized by 22 $5,050,000, to remain available until expended. under section 401(b) of Public Law 103–236 for U.S.C. 2696(c). EDUCATIONAL AND CULTURAL EXCHANGE fiscal year 1996 may only be made if the Commit- AMERICAN SECTIONS, INTERNATIONAL PROGRAMS tees on Appropriations and Foreign Relations of COMMISSIONS For expenses of educational and cultural ex- the Senate and the Committees on Appropria- change programs, as authorized by the Mutual tions and International Relations of the House For necessary expenses, not otherwise pro- Educational and Cultural Exchange Act of 1961, of Representatives are notified of the steps vided for the International Joint Commission as amended (22 U.S.C. 2451 et seq.), and Reorga- taken, and anticipated, to meet the requirements and the International Boundary Commission, nization Plan No. 2 of 1977 (91 Stat. 1636), of section 401(b) of Public Law 103–236 at least United States and Canada, as authorized by $200,000,000, to remain available until expended 15 days in advance of the proposed certification: treaties between the United States and Canada as authorized by 22 U.S.C. 2455: Provided, That Provided further, That none of the funds appro- or Great Britain, and for the Border Environ- $1,800,000 of this amount shall be available for priated in this paragraph shall be available for ment Cooperation Commission as authorized by the Mike Mansfield Fellowship Program as au- a United States contribution to an international Public Law 103–182; $5,800,000, of which not to thorized by section 252 of Public Law 103–236. organization for the United States share of in- exceed $9,000 shall be available for representa- terest costs made known to the United States tion expenses incurred by the International EISENHOWER EXCHANGE FELLOWSHIP PROGRAM Government by such organization for loans in- Joint Commission. TRUST FUND curred on or after October 1, 1984, through ex- INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses of Eisenhower Ex- ternal borrowings. For necessary expenses for international fish- change Fellowships, Incorporated, as author- CONTRIBUTIONS FOR INTERNATIONAL eries commissions, not otherwise provided for, as ized by sections 4 and 5 of the Eisenhower Ex- PEACEKEEPING ACTIVITIES authorized by law, $14,669,000: Provided, That change Fellowship Act of 1990 (20 U.S.C. 5204– For necessary expenses to pay assessed and the United States share of such expenses may be 05), all interest and earnings accruing to the Ei- other expenses of international peacekeeping ac- advanced to the respective commissions, pursu- senhower Exchange Fellowship Program Trust tivities directed to the maintenance or restora- ant to 31 U.S.C. 3324. Fund on or before September 30, 1996, to remain tion of international peace and security, OTHER available until expended: Provided, That none of the funds appropriated herein shall be used $225,000,000: Provided, That none of the funds PAYMENT TO THE ASIA FOUNDATION to pay any salary or other compensation, or to made available under this Act shall be obligated For a grant to the Asia Foundation, as au- enter into any contract providing for the pay- or expended for any new or expanded United thorized by section 501 of Public Law 101–246, ment thereof, in excess of the rate authorized by Nations peacekeeping mission unless, at least $5,000,000, to remain available until expended as 5 U.S.C. 5376; or for purposes which are not in fifteen days in advance of voting for the new or authorized by 22 U.S.C. 2696(c). accordance with OMB Circulars A–110 (Uniform expanded mission in the United Nations Secu- RELATED AGENCIES rity Council (or in an emergency, as far in ad- Administrative Requirements) and A–122 (Cost vance as is practicable), (1) the Committees on ARMS CONTROL AND DISARMAMENT AGENCY Principles for Non-profit Organizations), includ- Appropriations of the House of Representatives ARMS CONTROL AND DISARMAMENT ACTIVITIES ing the restrictions on compensation for per- and the Senate and other appropriate Commit- For necessary expenses not otherwise pro- sonal services. tees of the Congress are notified of the estimated vided, for arms control, nonproliferation, and ISRAELI ARAB SCHOLARSHIP PROGRAM cost and length of the mission, the vital na- disarmament activities, $35,700,000, of which not For necessary expenses of the Israeli Arab tional interest that will be served, and the to exceed $50,000 shall be for official reception Scholarship Program as authorized by section planned exit strategy; and (2) a reprogramming and representation expenses as authorized by 214 of the Foreign Relations Authorization Act, of funds pursuant to section 605 of this Act is the Act of September 26, 1961, as amended (22 Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all submitted, and the procedures therein followed, U.S.C. 2551 et seq.). interest and earnings accruing to the Israeli setting forth the source of funds that will be UNITED STATES INFORMATION AGENCY Arab Scholarship Fund on or before September used to pay for the cost of the new or expanded SALARIES AND EXPENSES 30, 1996, to remain available until expended. mission: Provided further, That funds shall be For expenses, not otherwise provided for, nec- AMERICAN STUDIES COLLECTIONS ENDOWMENT available for peacekeeping expenses only upon a essary to enable the United States Information FUND certification by the Secretary of State to the ap- Agency, as authorized by the Mutual Edu- For necessary expenses of American Studies propriate committees of the Congress that Amer- cational and Cultural Exchange Act of 1961, as Collections as authorized by section 235 of the ican manufacturers and suppliers are being amended (22 U.S.C. 2451 et seq.), the United Foreign Relations Authorization Act, Fiscal given opportunities to provide equipment, serv- States Information and Educational Exchange Years 1994 and 1995, all interest and earnings ices and material for United Nations peace- Act of 1948, as amended (22 U.S.C. 1431 et seq.) accruing to the American Studies Collections keeping activities equal to those being given to and Reorganization Plan No. 2 of 1977 (91 Stat. Endowment Fund on or before September 30, foreign manufacturers and suppliers. 1636), to carry out international communication, 1996, to remain available until expended. INTERNATIONAL CONFERENCES AND educational and cultural activities; and to carry INTERNATIONAL BROADCASTING OPERATIONS CONTINGENCIES out related activities authorized by law, includ- For expenses necessary to enable the United For necessary expenses authorized by section ing employment, without regard to civil service States Information Agency, as authorized by the 5 of the State Department Basic Authorities Act and classification laws, of persons on a tem- United States Information and Educational Ex- of 1956, in addition to funds otherwise available porary basis (not to exceed $700,000 of this ap- change Act of 1948, as amended, the United for these purposes, contributions for the United propriation), as authorized by 22 U.S.C. 1471, States International Broadcasting Act of 1994, States share of general expenses of international and entertainment, including official receptions, as amended, and Reorganization Plan No. 2 of organizations and conferences and representa- within the United States, not to exceed $25,000 1977, to carry out international communication tion to such organizations and conferences as as authorized by 22 U.S.C. 1474(3); $445,645,000: activities; $325,191,000, of which $5,000,000 shall provided for by 22 U.S.C. 2656 and 2672 and per- Provided, That not to exceed $1,400,000 may be remain available until expended, not to exceed sonal services without regard to civil service and used for representation abroad as authorized by $16,000 may be used for official receptions with- classification laws as authorized by 5 U.S.C. 22 U.S.C. 1452 and 4085: Provided further, That in the United States as authorized by 22 U.S.C. 5102, $3,000,000, to remain available until ex- not to exceed $7,615,000 to remain available until 1474(3), not to exceed $35,000 may be used for pended as authorized by 22 U.S.C. 2696(c), of expended, may be credited to this appropriation representation abroad as authorized by 22 which not to exceed $200,000 may be expended from fees or other payments received from or in U.S.C. 1452 and 4085, and not to exceed $39,000 for representation as authorized by 22 U.S.C. connection with English teaching, library, mo- may be used for official reception and represen- 4085. tion pictures, and publication programs as au- tation expenses of Radio Free Europe/Radio Lib- INTERNATIONAL COMMISSIONS thorized by section 810 of the United States In- erty; and in addition, not to exceed $250,000 For necessary expenses, not otherwise pro- formation and Educational Exchange Act of from fees as authorized by section 810 of the vided for, to meet obligations of the United 1948, as amended: Provided further, That not to United States Information and Educational Ex- States arising under treaties, or specific Acts of exceed $1,700,000 to remain available until exchange Act of 1948, as amended, to remain Congress, as follows: pended may be used to carry out projects involv- available until expended for carrying out au- INTERNATIONAL BOUNDARY AND WATER ing security construction and related improve- thorized purposes; and in addition, notwith- COMMISSION, UNITED STATES AND MEXICO ments for agency facilities not physically lo- standing any other provision of law, not to ex- For necessary expenses for the United States cated together with Department of State facili- ceed $1,000,000 in monies received (including re- Section of the International Boundary and ties abroad. ceipts from advertising, if any) by or for the use

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2465 of the United States Information Agency from or Act and shall not be available for obligation or ation of imminent danger, to undertake emer- in connection with broadcasting resources expenditure except in compliance with the pro- gency air rescue operations, or to provide for the owned by or on behalf of the Agency, to be cedures set forth in that section. airborne delivery of humanitarian supplies, and available until expended for carrying out au- SEC. 403. Funds appropriated or otherwise the President reports as soon as practicable to thorized purposes. made available under this Act or any other Act Congress after the initiation of the temporary BROADCASTING TO CUBA may be expended for compensation of the United deployment, but in no case later than 48 hours For expenses necessary to enable the United States Commissioner of the International after the initiation of the deployment. States Information Agency to carry out the Boundary Commission, United States and Can- SEC. 410. Any costs incurred by a Department Radio Broadcasting to Cuba Act, as amended, ada, only for actual hours worked by such Com- or agency funded under this title resulting from the Television Broadcasting to Cuba Act, and missioner. personnel actions taken in response to funding the International Broadcasting Act of 1994, in- SEC. 404. (a) No later than 90 days after enact- reductions included in this title shall be ab- cluding the purchase, rent, construction, and ment of legislation consolidating, reorganizing sorbed within the total budgetary resources improvement of facilities for radio and television or downsizing the functions of the Department available to such Department or agency: Pro- transmission and reception, and purchase and of State, the United States Information Agency, vided, That the authority to transfer funds be- installation of necessary equipment for radio and the Arms Control and Disarmament Agen- tween appropriations accounts as may be necessary to carry out this provision is provided in and television transmission and reception, cy, the Secretary of State, the Director of the addition to authorities included elsewhere in $24,809,000 to remain available until expended: United States Information Agency and the Di- this Act: Provided further, That use of funds to Provided, That not later than April 1, 1996, the rector of the Arms Control and Disarmament carry out this section shall be treated as a re- headquarters of the Office of Cuba Broadcasting Agency shall submit to the Committees on Ap- programming of funds under section 605 of this shall be relocated from Washington, D.C. to propriations of the House and the Senate a pro- Act and shall not be available for obligation or south Florida, and that any funds available posal for transferring or rescinding funds appro- expenditure except in compliance with the pro- under the headings ‘‘International Broad- priated herein for functions that are consoli- cedures set forth in that section. casting Operations’’, ‘‘Broadcasting to Cuba’’, dated, reorganized or downsized under such legislation: Provided, That such plan shall be SEC. 411. Section 235 of the Foreign Relations and ‘‘Radio Construction’’ may be available to Authorization Act, Fiscal Years 1990 and 1991 carry out this relocation. transmitted in accordance with section 605 of this Act. (Public Law 101–246) is amended by inserting RADIO CONSTRUCTION (b) The Secretary of State, the Director of the ‘‘Tinian,’’ after ‘‘Sao Tome,’’. For an additional amount for the purchase, United States Information Agency, and the Di- This title may be cited as the ‘‘Department of rent, construction, and improvement of facilities rector of the Arms Control and Disarmament State and Related Agencies Appropriations Act, for radio transmission and reception and pur- Agency, as appropriate, may use any available 1996’’. chase and installation of necessary equipment funds to cover the costs of actions to consoli- TITLE V—RELATED AGENCIES for radio and television transmission and recep- date, reorganize or downsize the functions DEPARTMENT OF TRANSPORTATION tion as authorized by 22 U.S.C. 1471, $40,000,000, under their authority required by such legisla- MARITIME ADMINISTRATION to remain available until expended as author- tion, and of any related personnel action, in- ized by 22 U.S.C. 1477b(a). OPERATING-DIFFERENTIAL SUBSIDIES cluding voluntary separation incentives if au- (LIQUIDATION OF CONTRACT AUTHORITY) EAST-WEST CENTER thorized by such legislation: Provided, That the To enable the Director of the United States For the payment of obligations incurred for authority to transfer funds between appropria- operating-differential subsidies as authorized by Information Agency to provide for carrying out tions accounts that may be necessary to carry the provisions of the Center for Cultural and the Merchant Marine Act, 1936, as amended, out this section is provided in addition to au- $162,610,000, to remain available until expended. Technical Interchange Between East and West thorities included under section 402 of this Act: MARITIME NATIONAL SECURITY PROGRAM Act of 1960 (22 U.S.C. 2054–2057), by grant to the Provided further, That use of funds to carry out For necessary expenses to maintain and pre- Center for Cultural and Technical Interchange this section shall be treated as a reprogramming serve a U.S.-flag merchant fleet to serve the na- Between East and West in the State of Hawaii, of funds under section 605 of this Act and shall tional security needs of the United States as de- $11,750,000: Provided, That none of the funds not be available for obligation or expenditure termined by the Secretary of Defense in con- appropriated herein shall be used to pay any except in compliance with the procedures set sultation with the Secretary of Transportation, salary, or enter into any contract providing for forth in that section. $46,000,000, to remain available until expended: the payment thereof, in excess of the rate au- SEC. 405. Funds appropriated by this Act for Provided, That these funds will be available thorized by 5 U.S.C. 5376. the United States Information Agency, the Arms only upon enactment of an authorization for NORTH/SOUTH CENTER Control and Disarmament Agency, and the De- this program. To enable the Director of the United States partment of State may be obligated and ex- Information Agency to provide for carrying out pended notwithstanding section 701 of the OPERATIONS AND TRAINING the provisions of the North/South Center Act of United States Information and Educational Ex- For necessary expenses of operations and 1991 (22 U.S.C. 2075), by grant to an educational change Act of 1948 and section 313 of the For- training activities authorized by law, institution in Florida known as the North/South eign Relations Authorization Act, Fiscal Years $66,600,000, to remain available until expended: Center, $2,000,000, to remain available until ex- 1994 and 1995, section 53 of the Arms Control Provided, That notwithstanding any other pro- pended. and Disarmament Act, and section 15 of the vision of law, the Secretary of Transportation may use proceeds derived from the sale or dis- NATIONAL ENDOWMENT FOR DEMOCRACY State Department Basic Authorities Act of 1956. posal of National Defense Reserve Fleet vessels For grants made by the United States Infor- SEC. 406. Section 36(a)(1) of the State Depart- that are currently collected and retained by the mation Agency to the National Endowment for ment Authorities Act of 1956, as amended (22 Maritime Administration, to be used for facility Democracy as authorized by the National En- U.S.C. 2708), is amended to delete ‘‘may pay a and ship maintenance, modernization and re- dowment for Democracy Act, $30,000,000, to re- reward’’ and insert in lieu thereof ‘‘shall estab- pair, conversion, acquisition of equipment, and main available until expended. lish and publicize a program under which rewards may be paid’’. fuel costs necessary to maintain training at the GENERAL PROVISIONS—DEPARTMENT OF STATE SEC. 407. Section 8 of the Eisenhower Ex- United States Merchant Marine Academy and AND RELATED AGENCIES change Fellowship Act of 1990 is amended in the State maritime academies and may be trans- SEC. 401. Funds appropriated under this title last sentence by striking ‘‘fiscal year 1995’’ and ferred to the Secretary of the Interior for use as shall be available, except as otherwise provided, inserting ‘‘fiscal year 1999’’. provided in the National Maritime Heritage Act for allowances and differentials as authorized SEC. 408. Sections 6(a) and 6(b) of Public Law (Public Law 103–451): Provided further, That re- by subchapter 59 of 5 U.S.C.; for services as au- 101–454 are repealed. In addition, notwith- imbursements may be made to this appropriation thorized by 5 U.S.C. 3109; and hire of passenger standing any other provision of law, Eisen- from receipts to the ‘‘Federal Ship Financing transportation pursuant to 31 U.S.C. 1343(b). hower Exchange Fellowships, Incorporated, Fund’’ for administrative expenses in support of SEC. 402. Not to exceed 5 percent of any ap- may use one-third of any earned but unused that program in addition to any amount here- propriation made available for the current fiscal trust income from the period 1992 through 1995 tofore appropriated. year for the Department of State in this Act may for Fellowship purposes in each of fiscal years MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM be transferred between such appropriations, but 1996–1998. ACCOUNT no such appropriation, except as otherwise spe- SEC. 409. It is the sense of the Senate that For the cost of guaranteed loans, as author- cifically provided, shall be increased by more none of the funds appropriated or otherwise ized by the Merchant Marine Act of 1936, than 10 percent by any such transfers: Pro- made available pursuant to this Act should be $40,000,000, to remain available until expended: vided, That not to exceed 5 percent of any ap- used for the deployment of combat-equipped Provided, That such costs, including the cost of propriation made available for the current fiscal forces of the Armed Forces of the United States modifying such loans, shall be as defined in sec- year for the United States Information Agency for any ground operations in Bosnia and tion 502 of the Congressional Budget Act of 1974, in this Act may be transferred between such ap- Herzegovina unless— as amended: Provided further, That these funds propriations, but no such appropriation, except (1) Congress approves in advance the deploy- are available to subsidize total loan principal, as otherwise specifically provided, shall be in- ment of such forces of the Armed Forces; or any part of which is to be guaranteed, not to ex- creased by more than 10 percent by any such (2) the temporary deployment of such forces of ceed $1,000,000,000. transfers: Provided further, That any transfer the Armed Forces of the United States into Bos- In addition, for administrative expenses to pursuant to this section shall be treated as a re- nia and Herzegovina is necessary to evacuate carry out the guaranteed loan program, not to programming of funds under section 605 of this United Nations peacekeeping forces from a situ- exceed $3,500,000, which shall be transferred to

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and merged with the appropriation for Oper- Provided, That the Commission is authorized to FEDERAL TRADE COMMISSION ations and Training. make available for official reception and rep- SALARIES AND EXPENSES ADMINISTRATIVE PROVISIONS—MARITIME resentation expenses not to exceed $2,500 from ADMINISTRATION available funds. For necessary expenses of the Federal Trade Commission, including uniforms or allowances Notwithstanding any other provision of this FEDERAL COMMUNICATIONS COMMISSION Act, the Maritime Administration is authorized therefor, as authorized by 5 U.S.C. 5901–5902; to furnish utilities and services and make nec- SALARIES AND EXPENSES services as authorized by 5 U.S.C. 3109; hire of essary repairs in connection with any lease, For necessary expenses of the Federal Commu- passenger motor vehicles; and not to exceed contract, or occupancy involving Government nications Commission, as authorized by law, in- $2,000 for official reception and representation property under control of the Maritime Adminis- cluding uniforms and allowances therefor, as expenses; $79,568,000: Provided, That not to ex- tration, and payments received therefor shall be authorized by 5 U.S.C. 5901–02; not to exceed ceed $300,000 shall be available for use to con- credited to the appropriation charged with the $600,000 for land and structure; not to exceed tract with a person or persons for collection cost thereof: Provided, That rental payments $500,000 for improvement and care of grounds services in accordance with the terms of 31 under any such lease, contract, or occupancy and repair to buildings; not to exceed $4,000 for U.S.C. 3718, as amended: Provided further, That for items other than such utilities, services, or official reception and representation expenses; notwithstanding any other provision of law, not repairs shall be covered into the Treasury as purchase (not to exceed sixteen) and hire of to exceed $48,262,000 of offsetting collections de- miscellaneous receipts. motor vehicles; special counsel fees; and services rived from fees collected for premerger notifica- No obligations shall be incurred during the as authorized by 5 U.S.C. 3109; $195,709,000, of tion filings under the Hart-Scott-Rodino Anti- current fiscal year from the construction fund which not to exceed $300,000 shall remain avail- trust Improvements Act of 1976 (15 U.S.C. 18(a)) established by the Merchant Marine Act, 1936, able until September 30, 1997, for research and shall be retained and used for necessary ex- or otherwise, in excess of the appropriations and policy studies: Provided, That $136,400,000 of penses in this appropriation, and shall remain limitations contained in this Act or in any prior offsetting collections shall be assessed and col- available until expended: Provided further, appropriation Act, and all receipts which other- lected pursuant to section 9 of title I of the Com- That the sum herein appropriated from the Gen- wise would be deposited to the credit of said munications Act of 1934, as amended, and shall eral Fund shall be reduced as such offsetting fund shall be covered into the Treasury as mis- be retained and used for necessary expenses in collections are received during fiscal year 1996, cellaneous receipts. this appropriation, and shall remain available so as to result in a final fiscal year 1996 appropriation from the General Fund estimated at not COMMISSION FOR THE PRESERVATION OF until expended: Provided further, That the sum more than $31,306,000, to remain available until AMERICA’S HERITAGE ABROAD herein appropriated shall be reduced as such offsetting collections are received during fiscal expended: Provided further, That any fees re- SALARIES AND EXPENSES year 1996 so as to result in a final fiscal year ceived in excess of $48,262,000 in fiscal year 1996 For expenses for the Commission for the Pres- 1996 appropriation estimated at $59,309,000: Pro- shall remain available until expended, but shall ervation of America’s Heritage Abroad, $206,000, vided further, That any offsetting collections re- not be available for obligation until October 1, as authorized by Public Law 99–83, section 1303. ceived in excess of $136,400,000 in fiscal year 1996: Provided further, That none of the funds COMMISSION ON CIVIL RIGHTS 1996 shall remain available until expended, but made available to the Federal Trade Commission SALARIES AND EXPENSES shall not be available for obligation until Octo- shall be available for obligation for expenses au- For necessary expenses of the Commission on ber 1, 1996: Provided further, That the Commis- thorized by section 151 of the Federal Deposit Civil Rights, including hire of passenger motor sion shall amend its schedule of regulatory fees Insurance Corporation Improvement Act of 1991 vehicles, $8,750,000: Provided, That not to ex- set forth in section 1.1153 of title 47, CFR, au- (Public Law 102–242, 105 Stat. 2282–2285). ceed $50,000 may be used to employ consultants: thorized by section 9 of title I of the Commu- JAPAN-UNITED STATES FRIENDSHIP COMMISSION Provided further, That none of the funds appro- nications Act of 1934, as amended by: (1) strik- priated in this paragraph shall be used to em- ing ‘‘$22,420’’ in the Annual Regulatory Fee col- JAPAN-UNITED STATES FRIENDSHIP TRUST FUND ploy in excess of four full-time individuals umn for VHF Commercial Markets 1 through 10 For expenses of the Japan-United States under Schedule C of the Excepted Service exclu- and inserting ‘‘$32,000’’; (2) striking ‘‘$19,925’’ in Friendship Commission, as authorized by Public sive of one special assistant for each Commis- the Annual Regulatory Fee column for VHF Law 94–118, as amended, from the interest sioner: Provided further, That none of the funds Commercial Markets 11 through 25 and inserting earned on the Japan-United States Friendship appropriated in this paragraph shall be used to ‘‘$26,000’’; (3) striking ‘‘$14,950’’ in the Annual Trust Fund, $1,247,000; and an amount of Japa- reimburse Commissioners for more than 75 Regulatory Fee column for VHF Commercial nese currency not to exceed the equivalent of billable days, with the exception of the Chair- Markets 26 through 50 and inserting ‘‘$17,000’’; $1,420,000 based on exchange rates at the time of person who is permitted 125 billable days. (4) striking ‘‘$9,975’’ in the Annual Regulatory payment of such amounts as authorized by Pub- COMMISSION ON IMMIGRATION REFORM Fee column for VHF Commercial Markets 51 lic Law 94–118. through 100 and inserting ‘‘$9,000’’; (5) striking SALARIES AND EXPENSES LEGAL SERVICES CORPORATION ‘‘$6,225’’ in the Annual Regulatory Fee column For necessary expenses of the Commission on for VHF Commercial Remaining Markets and PAYMENT TO THE LEGAL SERVICES CORPORATION Immigration Reform pursuant to section 141(f) inserting ‘‘$2,500’’; and (6) striking ‘‘$17,925’’ in of the Immigration Act of 1990, $1,894,000, to re- For payment to the Legal Services Corpora- the Annual Regulatory Fee column for UHF main available until expended. tion to carry out the purposes of the Legal Serv- Commercial Markets 1 through 10 and inserting ices Corporation Act of 1974, as amended, COMMISSION ON SECURITY AND COOPERATION IN ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in the Annual $300,000,000, of which $290,750,000 is for basic EUROPE Regulatory Fee column for UHF Commercial field programs and required independent audits SALARIES AND EXPENSES Markets 11 through 25 and inserting ‘‘$20,000’’; carried out in accordance with section 509; For necessary expenses of the Commission on (8) striking ‘‘$11,950’’ in the Annual Regulatory $250,000 is for a payment to an opposing party Security and Cooperation in Europe, as author- Fee column for UHF Commercial Markets 26 for attorney’s fees and expenses relating to civil ized by Public Law 94–304, $1,090,000, to remain through 50 and inserting ‘‘$13,000’’; (9) striking actions named In the Matter of Baby Boy Doe, available until expended as authorized by sec- ‘‘$7,975’’ in the Annual Regulatory Fee column and Doe v. Roe and Indian tribe, with docket tion 3 of Public Law 99–7. for UHF Commercial Markets 51 through 100 numbers 19512 and 21723 (Idaho February 23, COMPETITIVENESS POLICY COUNCIL and inserting ‘‘$7,000’’; and (10) striking 1996); $1,500,000 is for the Office of the Inspector ‘‘$4,975’’ in the Annual Regulatory Fee column SALARIES AND EXPENSES General, of which such amounts as may be nec- for UHF Commercial Remaining Markets and For necessary expenses of the Competitiveness essary may be used to conduct additional audits inserting ‘‘$2,000’’: Provided further, That the Policy Council, $100,000. of recipients in accordance with section 509 of FCC shall pay the travel-related expenses of the this Act; and $7,500,000 is for management and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Federal-State Joint Board on Universal Service administration: Provided, That $198,750,000 of SALARIES AND EXPENSES for those activities described in the Tele- the total amount provided under this heading For necessary expenses of the Equal Employ- communications Act of 1996 (47 U.S.C. for basic field programs shall not be available ment Opportunity Commission as authorized by 254(a)(1)). except for the competitive award of grants and title VII of the Civil Rights Act of 1964, as FEDERAL MARITIME COMMISSION contracts under section 503 of this Act. amended (29 U.S.C. 206(d) and 621–634), the ADMINISTRATIVE PROVISIONS—LEGAL SERVICES Americans with Disabilities Act of 1990 and the SALARIES AND EXPENSES CORPORATION Civil Rights Act of 1991, including services as For necessary expenses of the Federal Mari- authorized by 5 U.S.C. 3109; hire of passenger time Commission as authorized by section 201(d) SEC. 501. (a) Funds appropriated under this motor vehicles as authorized by 31 U.S.C. of the Merchant Marine Act of 1936, as amended Act to the Legal Services Corporation for basic 1343(b); nonmonetary awards to private citizens; (46 App. U.S.C. 1111), including services as au- field programs shall be distributed as follows: not to exceed $26,500,000, for payments to State thorized by 5 U.S.C. 3109; hire of passenger (1) The Corporation shall define geographic and local enforcement agencies for services to motor vehicles as authorized by 31 U.S.C. areas and make the funds available for each ge- the Commission pursuant to title VII of the Civil 1343(b); and uniforms or allowances therefor, as ographic area on a per capita basis relative to Rights Act of 1964, as amended, sections 6 and authorized by 5 U.S.C. 5901–02; $14,855,000: Pro- the number of individuals in poverty determined 14 of the Age Discrimination in Employment vided, That not to exceed $2,000 shall be avail- by the Bureau of the Census to be within the ge- Act, the Americans with Disabilities Act of 1990, able for official reception and representation ex- ographic area, except as provided in paragraph and the Civil Rights Act of 1991; $233,000,000: penses. (2)(B). Funds for such a geographic area may be

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00126 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2467 distributed by the Corporation to 1 or more per- (B) shall terminate at the end of such period; (7) that initiates or participates in a class ac- sons or entities eligible for funding under sec- and tion suit; tion 1006(a)(1)(A) of the Legal Services Corpora- (C) shall not be renewable except in accord- (8) that files a complaint or otherwise initiates tion Act (42 U.S.C. 2996e(a)(1)(A)), subject to ance with the system implemented under para- or participates in litigation against a defendant, sections 502 and 504. graph (1). or engages in a precomplaint settlement negotia- (2) Funds for grants from the Corporation, (3) The amount of grants and contracts tion with a prospective defendant, unless— and contracts entered into by the Corporation awarded before April 1, 1996, by the Legal Serv- (A) each plaintiff has been specifically identi- for basic field programs, shall be allocated so as ices Corporation for basic field programs for 1996 fied, by name, in any complaint filed for pur- to provide— in any geographic area described in section 501 poses of such litigation or prior to the (A) except as provided in subparagraph (B), shall not exceed an amount equal to 3⁄12 of the precomplaint settlement negotiation; and an equal figure per individual in poverty for all total amount to be distributed for such programs (B) a statement or statements of facts written geographic areas, as determined on the basis of for 1996 in such area. in English and, if necessary, in a language that the most recent decennial census of population (b) Not later than 60 days after the date of en- the plaintiffs understand, that enumerate the conducted pursuant to section 141 of title 13, actment of this Act, the Legal Services Corpora- particular facts known to the plaintiffs on United States Code (or, in the case of the Re- tion shall promulgate regulations to implement a which the complaint is based, have been signed public of Palau, the Federated States of Micro- competitive selection process for the recipients of by the plaintiffs, are kept on file by the recipi- nesia, the Republic of the Marshall Islands, such grants and contracts. ent, and are made available to any Federal de- Alaska, Hawaii, and the United States Virgin (c) Such regulations shall specify selection cri- partment or agency that is auditing or moni- Islands, on the basis of the adjusted population teria for the recipients, which shall include— toring the activities of the Corporation or of the (1) a demonstration of a full understanding of counts historically used as the basis for such de- recipient, and to any auditor or monitor receiv- the basic legal needs of the eligible clients to be terminations); and ing Federal funds to conduct such auditing or (B) an additional amount for Native American served and a demonstration of the capability of monitoring, including any auditor or monitor of communities that received assistance under the serving the needs; the Corporation: (2) the quality, feasibility, and cost effective- Legal Services Corporation Act for fiscal year ness of a plan submitted by an applicant for the Provided, That upon establishment of reason- 1995, so that the proportion of the funds appro- delivery of legal assistance to the eligible clients able cause that an injunction is necessary to priated to the Legal Services Corporation for to be served; and prevent probable, serious harm to such potential basic field programs for fiscal year 1996 that is (3) the experience of the Legal Services Cor- plaintiff, a court of competent jurisdiction may received by the Native American communities poration with the applicant, if the applicant enjoin the disclosure of the identity of any po- shall be not less than the proportion of such has previously received financial assistance tential plaintiff pending the outcome of such funds appropriated for fiscal year 1995 that was from the Corporation, including the record of litigation or negotiations after notice and an op- received by the Native American communities. the applicant of past compliance with Corpora- portunity for a hearing is provided to potential (b) As used in this section: tion policies, practices, and restrictions. parties to the litigation or the negotiations: Pro- (1) The term ‘‘individual in poverty’’ means (d) Such regulations shall ensure that timely vided further, That other parties to the litiga- an individual who is a member of a family (of 1 notice regarding an opportunity to submit an tion or negotiation shall have access to the or more members) with an income at or below application for such an award is published in statement of facts referred to in subparagraph the poverty line. periodicals of local and State bar associations (B) only through the discovery process after liti- (2) The term ‘‘poverty line’’ means the poverty and in at least 1 daily newspaper of general cir- gation has begun; line (as defined by the Office of Management culation in the area to be served by the person (9) unless— and Budget, and revised annually in accord- or entity receiving the award. (A) prior to the provision of financial assistance with section 673(2) of the Community Serv- (e) No person or entity that was previously ance— ices Block Grant Act (42 U.S.C. 9902(2)) applica- awarded a grant or contract by the Legal Serv- (i) if the person or entity is a nonprofit orga- ble to a family of the size involved. ices Corporation for the provision of legal assist- nization, the governing board of the person or SEC. 502. None of the funds appropriated in ance may be given any preference in the com- entity has set specific priorities in writing, pur- this Act to the Legal Services Corporation shall petitive selection process. suant to section 1007(a)(2)(C)(i) of the Legal be used by the Corporation to make a grant, or (f) For the purposes of the funding provided Services Corporation Act (42 U.S.C. enter into a contract, for the provision of legal in this Act, rights under sections 1007(a)(9) and 2996f(a)(2)(C)(i)), of the types of matters and assistance unless the Corporation ensures that 1011 of the Legal Services Corporation Act (42 cases to which the staff of the nonprofit organi- the person or entity receiving funding to provide U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not zation shall devote time and resources; and such legal assistance is— apply. (ii) the staff of such person or entity has (1) a private attorney admitted to practice in SEC. 504. (a) None of the funds appropriated signed a written agreement not to undertake a State or the District of Columbia; in this Act to the Legal Services Corporation cases or matters other than in accordance with (2) a qualified nonprofit organization, char- may be used to provide financial assistance to the specific priorities set by such governing tered under the laws of a State or the District of any person or entity (which may be referred to board, except in emergency situations defined by Columbia, that— in this section as a ‘‘recipient’’)— such board and in accordance with the written (A) furnishes legal assistance to eligible cli- (1) that makes available any funds, personnel, procedures of such board for such situations; ents; and or equipment for use in advocating or opposing and (B) is governed by a board of directors or any plan or proposal, or represents any party or (B) the staff of such person or entity provides other governing body, the majority of which is participates in any other way in litigation, that to the governing board on a quarterly basis, and comprised of attorneys who— is intended to or has the effect of altering, revis- to the Corporation on an annual basis, informa- (i) are admitted to practice in a State or the ing, or reapportioning a legislative, judicial, or tion on all cases or matters undertaken other District of Columbia; and elective district at any level of government, in- than cases or matters undertaken in accordance (ii) are appointed to terms of office on such cluding influencing the timing or manner of the with such priorities; board or body by the governing body of a State, taking of a census; (10) unless— county, or municipal bar association, the mem- (2) that attempts to influence the issuance, (A) prior to receiving the financial assistance, bership of which represents a majority of the at- amendment, or revocation of any executive such person or entity agrees to maintain records torneys practicing law in the locality in which order, regulation, or other statement of general of time spent on each case or matter with respect the organization is to provide legal assistance; applicability and future effect by any Federal, to which the person or entity is engaged; (3) a State or local government (without re- State, or local agency; (B) any funds, including Interest on Lawyers gard to section 1006(a)(1)(A)(ii) of the Legal (3) that attempts to influence any part of any Trust Account funds, received from a source Services Corporation Act (42 U.S.C. adjudicatory proceeding of any Federal, State, other than the Corporation by the person or en- 2996e(a)(1)(A)(ii)); or or local agency if such part of the proceeding is tity, and disbursements of such funds, are ac- (4) a substate regional planning or coordina- designed for the formulation or modification of counted for and reported as receipts and dis- tion agency that serves a substate area and any agency policy of general applicability and bursements, respectively, separate and distinct whose governing board is controlled by locally future effect; from Corporation funds; and elected officials. (4) that attempts to influence the passage or (C) the person or entity agrees (notwith- SEC. 503. (a)(1) Not later than April 1, 1996, defeat of any legislation, constitutional amend- standing section 1006(b)(3) of the Legal Services the Legal Services Corporation shall implement ment, referendum, initiative, or any similar pro- Corporation Act (42 U.S.C. 2996e(b)(3)) to make a system of competitive awards of grants and cedure of the Congress or a State or local legis- the records described in this paragraph avail- contracts for all basic field programs, which lative body; able to any Federal department or agency that shall apply to all such grants and contracts (5) that attempts to influence the conduct of is auditing or monitoring the activities of the awarded by the Corporation after March 31, oversight proceedings of the Corporation or any Corporation or of the recipient, and to any inde- 1996, from funds appropriated in this Act. person or entity receiving financial assistance pendent auditor or monitor receiving Federal (2) Any grant or contract awarded before provided by the Corporation; funds to conduct such auditing or monitoring, April 1, 1996, by the Legal Services Corporation (6) that pays for any personal service, adver- including any auditor or monitor of the Cor- to a basic field program for 1996— tisement, telegram, telephone communication, poration; (A) shall not be for an amount greater than letter, printed or written matter, administrative (11) that provides legal assistance for or on be- the amount required for the period ending expense, or related expense, associated with an half of any alien, unless the alien is present in March 31, 1996; activity prohibited in this section; the United States and is—

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(A) an alien lawfully admitted for permanent tity or an employee of the person or entity, that SEC. 507. None of the funds appropriated in residence as defined in section 101(a)(20) of the is receiving financial assistance provided by the this Act to the Legal Services Corporation may Immigration and Nationality Act (8 U.S.C. Corporation; or be used for any purpose prohibited or contrary 1101(a)(20)); (19) unless such person or entity enters into a to any of the provisions of authorization legisla- (B) an alien who— contractual agreement to be subject to all provi- tion for fiscal year 1996 for the Legal Services (i) is married to a United States citizen or is sions of Federal law relating to the proper use Corporation that is enacted into law. Upon the a parent or an unmarried child under the age of of Federal funds, the violation of which shall enactment of such Legal Services Corporation 21 years of such a citizen; and render any grant or contractual agreement to reauthorization legislation, funding provided in (ii) has filed an application to adjust the sta- provide funding null and void, and, for such this Act shall from that date be subject to the tus of the alien to the status of a lawful perma- purposes, the Corporation shall be considered to provisions of that legislation and any provisions nent resident under the Immigration and Na- be a Federal agency and all funds provided by in this Act that are inconsistent with that legis- tionality Act (8 U.S.C. 1101 et seq.), which appli- the Corporation shall be considered to be Fed- lation shall no longer have effect. cation has not been rejected; eral funds provided by grant or contract. (C) an alien who is lawfully present in the (b) Nothing in this section shall be construed SEC. 508. (a) The requirements of section 504 United States pursuant to an admission under to prohibit a recipient from using funds from a shall apply to the activities of a recipient de- section 207 of the Immigration and Nationality source other than the Legal Services Corpora- scribed in section 504, or an employee of such a Act (8 U.S.C. 1157) (relating to refugee admis- tion for the purpose of contacting, commu- recipient, during the provision of legal assist- sion) or who has been granted asylum by the nicating with, or responding to a request from, ance for a case or matter, if the recipient or em- Attorney General under such Act; a State or local government agency, a State or ployee begins to provide the legal assistance on (D) an alien who is lawfully present in the local legislative body or committee, or a member or after the date of enactment of this Act. United States as a result of withholding of de- thereof, regarding funding for the recipient, in- (b) If the recipient or employee began to pro- portation by the Attorney General pursuant to cluding a pending or proposed legislative or vide legal assistance for the case or matter prior section 243(h) of the Immigration and Nation- agency proposal to fund such recipient. to the date of enactment of this Act— ality Act (8 U.S.C. 1253(h)); (c) Not later than 30 days after the date of en- (1) each of the requirements of section 504 (E) an alien to whom section 305 of the Immi- actment of this Act, the Legal Services Corpora- (other than paragraphs (7), (11), and (15) of gration Reform and Control Act of 1986 (8 tion shall promulgate a suggested list of prior- subsection (a) of such section) shall, beginning U.S.C. 1101 note) applies, but only to the extent ities that boards of directors may use in setting on the date of enactment of this Act, apply to that the legal assistance provided is the legal as- priorities under subsection (a)(9). the activities of the recipient or employee during (d)(1) The Legal Services Corporation shall sistance described in such section; or the provision of legal assistance for the case or (F) an alien who is lawfully present in the not accept any non-Federal funds, and no re- matter; and United States as a result of being granted condi- cipient shall accept funds from any source other tional entry to the United States before April 1, than the Corporation, unless the Corporation or (2) the requirements of paragraphs (7), (11), 1980, pursuant to section 203(a)(7) of the Immi- the recipient, as the case may be, notifies in and (15) of section 504(a) shall apply— gration and Nationality Act (8 U.S.C. writing the source of the funds that the funds (A) beginning on the date of enactment of this 1153(a)(7)), as in effect on March 31, 1980, be- may not be expended for any purpose prohibited Act, to the activities of the recipient or employee cause of persecution or fear of persecution on by the Legal Services Corporation Act or this during the provision of legal assistance for any account of race, religion, or political calamity; title. additional related claim for which the recipient (12) that supports or conducts a training pro- (2) Paragraph (1) shall not prevent a recipient or employee begins to provide legal assistance on gram for the purpose of advocating a particular from— or after such date; and (A) receiving Indian tribal funds (including public policy or encouraging a political activity, (B) beginning July 1, 1996, to all other activi- a labor or antilabor activity, a boycott, pick- funds from private nonprofit organizations for the benefit of Indians or Indian tribes) and ex- ties of the recipient or employee during the pro- eting, a strike, or a demonstration, including vision of legal assistance for the case or matter. the dissemination of information about such a pending the tribal funds in accordance with the policy or activity, except that this paragraph specific purposes for which the tribal funds are (c) The Legal Services Corporation shall, shall not be construed to prohibit the provision provided; or every 60 days, submit to the Committees on Ap- of training to an attorney or a paralegal to pre- (B) using funds received from a source other propriations of the Senate and House of Rep- pare the attorney or paralegal to provide— than the Legal Services Corporation to provide resentatives a report setting forth the status of (A) adequate legal assistance to eligible cli- legal assistance to a covered individual if such cases and matters referred to in subsection ents; or funds are used for the specific purposes for (b)(2). (B) advice to any eligible client as to the legal which such funds were received, except that SEC. 509. (a) An audit of each person or entity rights of the client; such funds may not be expended by recipients receiving financial assistance from the Legal (13) that claims (or whose employee claims), or for any purpose prohibited by this Act or by the Services Corporation under this Act (referred to collects and retains, attorneys’ fees pursuant to Legal Services Corporation Act. in this section as a ‘‘recipient’’) shall be con- any Federal or State law permitting or requiring (e) Nothing in this section shall be construed ducted in accordance with generally accepted the awarding of such fees; to prohibit a recipient from using funds derived government auditing standards and guidance (14) that participates in any litigation with re- from a source other than the Legal Services Cor- established by the Office of the Inspector Gen- spect to abortion; poration to comment on public rulemaking or to eral and shall report whether— (15) that participates in any litigation on be- respond to a written request for information or (1) the financial statements of the recipient half of a person incarcerated in a Federal, testimony from a Federal, State or local agency, present fairly its financial position and the re- State, or local prison; legislative body or committee, or a member of (16) that initiates legal representation or par- such an agency, body, or committee, so long as sults of its financial operations in accordance ticipates in any other way, in litigation, lob- the response is made only to the parties that with generally accepted accounting principles; bying, or rulemaking, involving an effort to re- make the request and the recipient does not ar- (2) the recipient has internal control systems form a Federal or State welfare system, except range for the request to be made. to provide reasonable assurance that it is man- that this paragraph shall not be construed to (f) As used in this section: aging funds, regardless of source, in compliance preclude a recipient from representing an indi- (1) The term ‘‘controlled substance’’ has the with Federal laws and regulations; and meaning given the term in section 102 of the vidual eligible client who is seeking specific re- (3) the recipient has complied with Federal lief from a welfare agency if such relief does not Controlled Substances Act (21 U.S.C. 802). (2) The term ‘‘covered individual’’ means any laws and regulations applicable to funds re- involve an effort to amend or otherwise chal- person who— ceived, regardless of source. lenge existing law in effect on the date of the (A) except as provided in subparagraph (B), (b) In carrying out the requirements of sub- initiation of the representation; meets the requirements of this Act and the Legal section (a)(3), the auditor shall select and test a (17) that defends a person in a proceeding to Services Corporation Act relating to eligibility representative number of transactions and re- evict the person from a public housing project for legal assistance; and port all instances of noncompliance to the re- if— (B) may or may not be financially unable to cipient. The recipient shall report any non- (A) the person has been charged with the ille- afford legal assistance. gal sale or distribution of a controlled sub- compliance found by the auditor during the (3) The term ‘‘public housing project’’ has the audit under this section within 5 calendar days stance; and meaning as used within, and the term ‘‘public (B) the eviction proceeding is brought by a to the Office of the Inspector General. If the re- housing agency’’ has the meaning given the cipient fails to report the noncompliance, the public housing agency because the illegal drug term, in section 3 of the United States Housing activity of the person threatens the health or auditor shall report the noncompliance directly Act of 1937 (42 U.S.C. 1437a). to the Office of the Inspector General within 5 safety of another tenant residing in the public SEC. 505. None of the funds appropriated in housing project or employee of the public hous- this Act to the Legal Services Corporation or calendar days of the recipient’s failure to re- ing agency; provided by the Corporation to any entity or port. (18) unless such person or entity agrees that person may be used to pay membership dues to (c) The audits required under this section the person or entity, and the employees of the any private or nonprofit organization. shall be provided for by the recipients and per- person or entity, will not accept employment re- SEC. 506. None of the funds appropriated in formed by independent public accountants. The sulting from in-person unsolicited advice to a this Act to the Legal Services Corporation may cost of such audits shall be shared on a pro rata nonattorney that such nonattorney should ob- be used by any person or entity receiving finan- basis among all of the recipient’s funding pro- tain counsel or take legal action, and will not cial assistance from the Corporation to file or viders and the appropriate share shall be an al- refer such nonattorney to another person or en- pursue a lawsuit against the Corporation. lowable charge to the Federal funds provided by

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the Legal Services Corporation. No audit costs MARTIN LUTHER KING, JR. FEDERAL HOLIDAY $3,500 for official reception and representation may be charged to the Federal funds when the COMMISSION expenses, $219,190,000: Provided, That the Ad- audit required by this section has not been made SALARIES AND EXPENSES ministrator is authorized to charge fees to cover in accordance with the guidance promulgated For necessary expenses of the Martin Luther the cost of publications developed by the Small by the Office of the Inspector General. King, Jr. Federal Holiday Commission, as au- Business Administration, and certain loan serv- If the recipient fails to have an acceptable thorized by Public Law 98–399, as amended, icing activities: Provided further, That notwith- audit in accordance with the guidance promul- $350,000: Provided, That this shall be the final standing 31 U.S.C. 3302, revenues received from gated by the Office of the Inspector General, the Federal payment to the Martin Luther King, Jr. all such activities shall be credited to this ac- following sanctions shall be available to the Federal Holiday Commission for operations and count, to be available for carrying out these Corporation as recommended by the Office of necessary closing costs. purposes without further appropriations. the Inspector General: OUNCE OF PREVENTION COUNCIL OFFICE OF INSPECTOR GENERAL (1) the withholding of a percentage of the re- For activities authorized by sections 30101 and For necessary expenses of the Office of In- cipient’s funding until the audit is completed 30102 of Public Law 103–322 (including adminis- spector General in carrying out the provisions of satisfactorily. trative costs), $1,500,000, to remain available the Inspector General Act of 1978, as amended (5 (2) the suspension of recipient’s funding until until expended, for the Ounce of Prevention U.S.C. App. 1–11 as amended by Public Law an acceptable audit is completed. Grant Program: Provided, That the Council may 100–504), $8,500,000. (d) The Office of the Inspector General may accept and use gifts and donations, both real BUSINESS LOANS PROGRAM ACCOUNT remove, suspend, or bar an independent public and personal, for the purpose of aiding or facili- For the cost of direct loans, $4,500,000, and for accountant, upon a showing of good cause, from tating the authorized activities of the Council, performing audit services required by this sec- the cost of guaranteed loans, $156,226,000, as of which not to exceed $5,000 may be used for of- authorized by 15 U.S.C. 631 note, of which tion. The Office of the Inspector General shall ficial reception and representation expenses. develop and issue rules of practice to implement $1,216,000, to be available until expended, shall SECURITIES AND EXCHANGE COMMISSION this paragraph. be for the Microloan Guarantee Program, and of which $40,510,000 shall remain available until (e) Any independent public accountant per- SALARIES AND EXPENSES September 30, 1997: Provided, That such costs, forming an audit under this section who subse- For necessary expenses for the Securities and including the cost of modifying such loans, shall quently ceases to be the accountant for the re- Exchange Commission, including services as au- be as defined in section 502 of the Congressional cipient shall promptly notify the Office of the thorized by 5 U.S.C. 3109, the rental of space (to Budget Act of 1974: Provided further, That dur- Inspector General pursuant to such rules as the include multiple year leases) in the District of ing fiscal year 1996, commitments to guarantee Office of the Inspector General shall prescribe. Columbia and elsewhere, and not to exceed loans under section 503 of the Small Business (f) Audits conducted in accordance with this $3,000 for official reception and representation Investment Act of 1958, as amended, shall not section shall be in lieu of the financial audits expenses, $287,738,000, of which $3,000,000 is for exceed the amount of financings authorized otherwise required by section 1009(c) of the the Office of Economic Analysis, to be headed under section 20(n)(2)(B) of the Small Business Legal Services Corporation Act (42 U.S.C. by the Chief Economist of the Commission, and Act, as amended. 2996h(c)). of which not to exceed $10,000 may be used to- In addition, for administrative expenses to (g) The Office of the Inspector General is au- ward funding a permanent secretariat for the carry out the direct and guaranteed loan pro- thorized to conduct on-site monitoring, audits, International Organization of Securities Com- grams, $92,622,000, which may be transferred to and inspections in accordance with Federal missions, and of which not to exceed $100,000 and merged with the appropriations for Salaries standards. shall be available for expenses for consultations and Expenses. (h) Notwithstanding section 1006(b)(3) of the and meetings hosted by the Commission with Legal Services Corporation Act (42 U.S.C. foreign governmental and other regulatory offi- DISASTER LOANS PROGRAM ACCOUNT 2996e(b)(3)), financial records, time records, re- cials, members of their delegations, appropriate For the cost of direct loans authorized by sec- tainer agreements, client trust fund and eligi- representatives and staff to exchange views con- tion 7(b) of the Small Business Act, as amended, bility records, and client names, for each recipi- cerning developments relating to securities mat- $34,432,000, to remain available until expended: ent shall be made available to any auditor or ters, development and implementation of co- Provided, That such costs, including the cost of monitor of the recipient, including any Federal operation agreements concerning securities mat- modifying such loans, shall be as defined in sec- department or agency that is auditing or moni- ters and provision of technical assistance for the tion 502 of the Congressional Budget Act of 1974. toring the activities of the Corporation or of the development of foreign securities markets, such In addition, for administrative expenses to recipient, and any independent auditor or mon- expenses to include necessary logistic and ad- carry out the direct loan program, $71,578,000, itor receiving Federal funds to conduct such au- ministrative expenses and the expenses of Com- which may be transferred to and merged with diting or monitoring, including any auditor or mission staff and foreign invitees in attendance the appropriations for Salaries and Expenses. at such consultations and meetings including: monitor of the Corporation, except for reports or SURETY BOND GUARANTEES REVOLVING FUND records subject to the attorney-client privilege. (i) such incidental expenses as meals taken in the course of such attendance, (ii) any travel For additional capital for the ‘‘Surety Bond (i) The Legal Services Corporation shall not and transportation to or from such meetings, Guarantees Revolving Fund’’, authorized by the disclose any name or document referred to in and (iii) any other related lodging or subsist- Small Business Investment Act, as amended, subsection (h), except to— ence: Provided, That immediately upon enact- $2,530,000, to remain available without fiscal (1) a Federal, State, or local law enforcement ment of this Act, the rate of fees under section year limitation as authorized by 15 U.S.C. 631 official; or 6(b) of the Securities Act of 1933 (15 U.S.C. note. (2) an official of an appropriate bar associa- 77f(b)) shall increase from one-fiftieth of one ADMINISTRATIVE PROVISION—SMALL BUSINESS tion for the purpose of enabling the official to percentum to one-twenty-ninth of one ADMINISTRATION conduct an investigation of a rule of profes- percentum, and such increase shall be deposited SEC. 510. Not to exceed 5 percent of any ap- sional conduct. as an offsetting collection to this appropriation, propriation made available for the current fiscal (j) The recipient management shall be respon- to remain available until expended, to recover year for the Small Business Administration in sible for expeditiously resolving all reported costs of services of the securities registration this Act may be transferred between such appro- audit reportable conditions, findings, and rec- process: Provided further, That the total priations, but no such appropriation shall be in- ommendations, including those of sub-recipi- amount appropriated for fiscal year 1996 under creased by more than 10 percent by any such ents. this heading shall be reduced as such fees are transfers: Provided, That any transfer pursuant (k) The Legal Services Corporation shall— deposited to this appropriation so as to result in to this section shall be treated as a reprogram- (1) Follow up on significant reportable condi- a final total fiscal year 1996 appropriation from ming of funds under section 605 of this Act and tions, findings, and recommendations found by the General Fund estimated at not more than shall not be available for obligation or expendi- the independent public accountants and re- $103,445,000: Provided further, That any such ture except in compliance with the procedures ported to Corporation management by the Office fees collected in excess of $184,293,000 shall reset forth in that section. of the Inspector General to ensure that in- main available until expended but shall not be STATE JUSTICE INSTITUTE stances of deficiencies and noncompliance are available for obligation until October 1, 1996: resolved in a timely manner, and Provided further, That $1,000,000 of the funds SALARIES AND EXPENSES (2) Develop procedures to ensure effective fol- appropriated for the Commission shall be avail- For necessary expenses of the State Justice In- low-up that meet at a minimum the requirements able for the enforcement of the Investment Ad- stitute, as authorized by The State Justice Insti- of Office of Management and Budget Circular visers Act of 1940 in addition to any other ap- tute Authorization Act of 1992 (Public Law 102– Number A–50. propriated funds designated by the Commission 572 (106 Stat. 4515–4516)), $5,000,000 to remain (l) The requirements of this section shall for enforcement of such Act. available until expended: Provided, That not to apply to a recipient for its first fiscal year be- exceed $2,500 shall be available for official re- SMALL BUSINESS ADMINISTRATION ginning on or after January 1, 1996. ception and representation expenses. SALARIES AND EXPENSES MARINE MAMMAL COMMISSION For necessary expenses, not otherwise pro- TITLE VI—GENERAL PROVISIONS SALARIES AND EXPENSES vided for, of the Small Business Administration SEC. 601. No part of any appropriation con- For necessary expenses of the Marine Mam- as authorized by Public Law 103–403, including tained in this Act shall be used for publicity or mal Commission as authorized by title II of Pub- hire of passenger motor vehicles as authorized propaganda purposes not authorized by the lic Law 92–522, as amended, $1,190,000. by 31 U.S.C. 1343 and 1344, and not to exceed Congress.

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SEC. 602. No part of any appropriation con- ment based on religion, when it is made known TITLE VII—RESCISSIONS tained in this Act shall remain available for ob- to the Federal entity or official to which such DEPARTMENT OF JUSTICE ligation beyond the current fiscal year unless funds are made available that such guidelines GENERAL ADMINISTRATION expressly so provided herein. do not differ in any respect from the proposed SEC. 603. The expenditure of any appropria- guidelines published by the Commission on Oc- WORKING CAPITAL FUND tion under this Act for any consulting service tober 1, 1993 (58 Fed. Reg. 51266). (RESCISSION) through procurement contract, pursuant to 5 Of the unobligated balances available under SEC. 610. None of the funds made available by U.S.C. 3109, shall be limited to those contracts this heading, $65,000,000 are rescinded. this Act may be used for any United Nations where such expenditures are a matter of public undertaking when it is made known to the Fed- DEPARTMENT OF STATE record and available for public inspection, ex- eral official having authority to obligate or ex- ADMINISTRATION OF FOREIGN AFFAIRS cept where otherwise provided under existing pend such funds (1) that the United Nations un- law, or under existing Executive order issued ACQUISITION AND MAINTENANCE OF BUILDINGS dertaking is a peacekeeping mission, (2) that pursuant to existing law. ABROAD such undertaking will involve United States SEC. 604. If any provision of this Act or the (RESCISSION) application of such provision to any person or Armed Forces under the command or oper- Of the unobligated balances available under circumstances shall be held invalid, the remain- ational control of a foreign national, and (3) this heading, $95,500,000 are rescinded. der of the Act and the application of each provi- that the President’s military advisors have not submitted to the President a recommendation RELATED AGENCIES sion to persons or circumstances other than UNITED STATES INFORMATION AGENCY those as to which it is held invalid shall not be that such involvement is in the national secu- RADIO CONSTRUCTION affected thereby. rity interests of the United States and the Presi- SEC. 605 (a) None of the funds provided under dent has not submitted to the Congress such a (RESCISSION) this Act, or provided under previous Appropria- recommendation. Of the unobligated balances available under tions Acts to the agencies funded by this Act SEC. 611. None of the funds made available in this heading, $7,400,000 are rescinded. that remain available for obligation or expendi- this Act shall be used to provide the following TITLE VIII—PRISON LITIGATION REFORM ture in fiscal year 1996, or provided from any ac- amenities or personal comforts in the Federal SEC. 801. SHORT TITLE. counts in the Treasury of the United States de- prison system— This title may be cited as the ‘‘Prison Litiga- rived by the collection of fees available to the (1) in-cell television viewing except for pris- tion Reform Act of 1995’’. agencies funded by this Act, shall be available oners who are segregated from the general pris- SEC. 802. APPROPRIATE REMEDIES FOR PRISON for obligation or expenditure through a re- on population for their own safety; CONDITIONS. programming of funds which (1) creates new (a) IN GENERAL.—Section 3626 of title 18, programs; (2) eliminates a program, project, or (2) the viewing of R, X, and NC–17 rated mov- ies, through whatever medium presented; United States Code, is amended to read as fol- activity; (3) increases funds or personnel by any lows: means for any project or activity for which (3) any instruction (live or through broad- ‘‘§ 3626. Appropriate remedies with respect to funds have been denied or restricted; (4) relo- casts) or training equipment for boxing, wres- prison conditions cates an office or employees; (5) reorganizes of- tling, judo, karate, or other martial art, or any fices, programs, or activities; or (6) contracts out bodybuilding or weightlifting equipment of any ‘‘(a) REQUIREMENTS FOR RELIEF.— or privatizes any functions or activities pres- sort; ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re- ently performed by Federal employees; unless lief in any civil action with respect to prison (4) possession of in-cell coffee pots, hot plates, the Appropriations Committees of both Houses conditions shall extend no further than nec- or heating elements; or of Congress are notified fifteen days in advance essary to correct the violation of the Federal of such reprogramming of funds. (5) the use or possession of any electric or right of a particular plaintiff or plaintiffs. The (b) None of the funds provided under this Act, electronic musical instrument. court shall not grant or approve any prospective or provided under previous Appropriations Acts relief unless the court finds that such relief is SEC. 612. None of the funds made available in narrowly drawn, extends no further than nec- to the agencies funded by this Act that remain title II for the National Oceanic and Atmos- essary to correct the violation of the Federal available for obligation or expenditure in fiscal pheric Administration under the heading ‘‘Fleet right, and is the least intrusive means necessary year 1996, or provided from any accounts in the Modernization, Shipbuilding and Conversion’’ to correct the violation of the Federal right. The Treasury of the United States derived by the may be used to implement sections 603, 604, and court shall give substantial weight to any ad- collection of fees available to the agencies fund- 605 of Public Law 102–567. ed by this Act, shall be available for obligation verse impact on public safety or the operation of or expenditure for activities, programs, or SEC. 613. None of the funds made available in a criminal justice system caused by the relief. projects through a reprogramming of funds in this Act may be used for ‘‘USIA Television ‘‘(B) The court shall not order any prospective excess of $500,000 or 10 percent, whichever is Marti Program’’ under the Television Broad- relief that requires or permits a government offi- less, that (1) augments existing programs, casting to Cuba Act or any other program of cial to exceed his or her authority under State projects, or activities; (2) reduces by 10 percent United States Government television broadcasts or local law or otherwise violates State or local funding for any existing program, project, or ac- to Cuba, when it is made known to the Federal law, unless— tivity, or numbers of personnel by 10 percent as official having authority to obligate or expend ‘‘(i) Federal law permits such relief to be or- approved by Congress; or (3) results from any such funds that such use would be inconsistent dered in violation of State or local law; general savings from a reduction in personnel with the applicable provisions of the March 1995 ‘‘(ii) the relief is necessary to correct the vio- which would result in a change in existing pro- Office of Cuba Broadcasting Reinventing Plan lation of a Federal right; and grams, activities, or projects as approved by of the United States Information Agency. ‘‘(iii) no other relief will correct the violation of the Federal right. Congress; unless the Appropriations Committees SEC. 614. (a)(1) Section 5002 of title 18, United ‘‘(C) Nothing in this section shall be construed of both Houses of Congress are notified fifteen States Code, is repealed. days in advance of such reprogramming of to authorize the courts, in exercising their reme- (2) The table of sections for chapter 401 of title funds. dial powers, to order the construction of prisons 18, United States Code, is amended by striking SEC. 606. None of the funds made available in or the raising of taxes, or to repeal or detract this Act may be used for the construction, repair out the item relating to the Advisory Corrections from otherwise applicable limitations on the re- (other than emergency repair), overhaul, con- Council. medial powers of the courts. version, or modernization of vessels for the Na- (b) This section shall take effect 30 days after ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any tional Oceanic and Atmospheric Administration the date of the enactment of this Act. civil action with respect to prison conditions, to in shipyards located outside of the United the extent otherwise authorized by law, the SEC. 615. Any costs incurred by a Department court may enter a temporary restraining order States. or agency funded under this Act resulting from SEC. 607. (a) PURCHASE OF AMERICAN-MADE or an order for preliminary injunctive relief. personnel actions taken in response to funding EQUIPMENT AND PRODUCTS.—It is the sense of Preliminary injunctive relief must be narrowly reductions included in this Act shall be absorbed the Congress that, to the greatest extent prac- drawn, extend no further than necessary to cor- within the total budgetary resources available to ticable, all equipment and products purchased rect the harm the court finds requires prelimi- such Department or agency: Provided, That the with funds made available in this Act should be nary relief, and be the least intrusive means authority to transfer funds between appropria- American-made. necessary to correct that harm. The court shall tions accounts as may be necessary to carry out (b) NOTICE REQUIREMENT.—In providing fi- give substantial weight to any adverse impact this provision is provided in addition to authori- nancial assistance to, or entering into any con- on public safety or the operation of a criminal ties included elsewhere in this Act: Provided tract with, any entity using funds made avail- justice system caused by the preliminary relief further, That use of funds to carry out this sec- able in this Act, the head of each Federal agen- and shall respect the principles of comity set out tion shall be treated as a reprogramming of cy, to the greatest extent practicable, shall pro- in paragraph (1)(B) in tailoring any preliminary funds under section 605 of this Act and shall not vide to such entity a notice describing the state- relief. Preliminary injunctive relief shall auto- be available for obligation or expenditure except ment made in subsection (a) by the Congress. matically expire on the date that is 90 days after SEC. 608. None of the funds made available in in compliance with the procedures set forth in its entry, unless the court makes the findings re- this Act may be used to implement, administer, that section. quired under subsection (a)(1) for the entry of or enforce any guidelines of the Equal Employ- SEC. 616. Section 201(a) of Public Law 104–99 prospective relief and makes the order final be- ment Opportunity Commission covering harass- is repealed. fore the expiration of the 90-day period.

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‘‘(3) PRISONER RELEASE ORDER.—(A) In any ‘‘(4) TERMINATION OR MODIFICATION OF RE- under this subsection, the court shall review the civil action with respect to prison conditions, no LIEF.—Nothing in this section shall prevent any appointment of the special master every 6 prisoner release order shall be entered unless— party or intervener from seeking modification or months to determine whether the services of the ‘‘(i) a court has previously entered an order termination before the relief is terminable under special master continue to be required under for less intrusive relief that has failed to remedy paragraph (1) or (2), to the extent that modifica- paragraph (1). In no event shall the appoint- the deprivation of the Federal right sought to be tion or termination would otherwise be legally ment of a special master extend beyond the ter- remedied through the prisoner release order; permissible. mination of the relief. and ‘‘(c) SETTLEMENTS.— ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A ‘‘(ii) the defendant has had a reasonable ‘‘(1) CONSENT DECREES.—In any civil action special master appointed under this subsection— amount of time to comply with the previous with respect to prison conditions, the court shall ‘‘(A) may be authorized by a court to conduct court orders. not enter or approve a consent decree unless it hearings and prepare proposed findings of fact, ‘‘(B) In any civil action in Federal court with complies with the limitations on relief set forth which shall be made on the record; respect to prison conditions, a prisoner release in subsection (a). ‘‘(B) shall not make any findings or commu- order shall be entered only by a three-judge ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A) nications ex parte; court in accordance with section 2284 of title 28, Nothing in this section shall preclude parties ‘‘(C) may be authorized by a court to assist in if the requirements of subparagraph (E) have from entering into a private settlement agree- the development of remedial plans; and been met. ment that does not comply with the limitations ‘‘(D) may be removed at any time, but shall be ‘‘(C) A party seeking a prisoner release order on relief set forth in subsection (a), if the terms relieved of the appointment upon the termi- in Federal court shall file with any request for of that agreement are not subject to court en- nation of relief. such relief, a request for a three-judge court and ‘‘(g) DEFINITIONS.—As used in this section— forcement other than the reinstatement of the ‘‘(1) the term ‘consent decree’ means any relief materials sufficient to demonstrate that the re- civil proceeding that the agreement settled. entered by the court that is based in whole or in quirements of subparagraph (A) have been met. ‘‘(B) Nothing in this section shall preclude part upon the consent or acquiescence of the ‘‘(D) If the requirements under subparagraph any party claiming that a private settlement parties but does not include private settlements; (A) have been met, a Federal judge before whom agreement has been breached from seeking in ‘‘(2) the term ‘civil action with respect to pris- a civil action with respect to prison conditions is State court any remedy available under State on conditions’ means any civil proceeding aris- pending who believes that a prison release order law. ing under Federal law with respect to the condi- should be considered may sua sponte request the ‘‘(d) STATE LAW REMEDIES.—The limitations tions of confinement or the effects of actions by convening of a three-judge court to determine on remedies in this section shall not apply to re- government officials on the lives of persons con- whether a prisoner release order should be en- lief entered by a State court based solely upon fined in prison, but does not include habeas cor- tered. claims arising under State law. pus proceedings challenging the fact or duration ‘‘(E) The three-judge court shall enter a pris- ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING of confinement in prison; oner release order only if the court finds by PROSPECTIVE RELIEF.— ‘‘(3) the term ‘prisoner’ means any person sub- clear and convincing evidence that— ‘‘(1) GENERALLY.—The court shall promptly ject to incarceration, detention, or admission to ‘‘(i) crowding is the primary cause of the vio- rule on any motion to modify or terminate pro- any facility who is accused of, convicted of, sen- lation of a Federal right; and spective relief in a civil action with respect to tenced for, or adjudicated delinquent for, viola- ‘‘(ii) no other relief will remedy the violation prison conditions. tions of criminal law or the terms and condi- of the Federal right. ‘‘(2) AUTOMATIC STAY.—Any prospective relief tions of parole, probation, pretrial release, or di- ‘‘(F) Any State or local official or unit of gov- subject to a pending motion shall be automati- versionary program; ernment whose jurisdiction or function includes cally stayed during the period— ‘‘(4) the term ‘prisoner release order’ includes the appropriation of funds for the construction, ‘‘(A)(i) beginning on the 30th day after such any order, including a temporary restraining operation, or maintenance of program facilities, motion is filed, in the case of a motion made order or preliminary injunctive relief, that has or the prosecution or custody of persons who under paragraph (1) or (2) of subsection (b); or the purpose or effect of reducing or limiting the may be released from, or not admitted to, a pris- ‘‘(ii) beginning on the 180th day after such prison population, or that directs the release on as a result of a prisoner release order shall motion is filed, in the case of a motion made from or nonadmission of prisoners to a prison; have standing to oppose the imposition or con- under any other law; and ‘‘(5) the term ‘prison’ means any Federal, tinuation in effect of such relief and to seek ter- ‘‘(B) ending on the date the court enters a State, or local facility that incarcerates or de- mination of such relief, and shall have the right final order ruling on the motion. tains juveniles or adults accused of, convicted to intervene in any proceeding relating to such ‘‘(f) SPECIAL MASTERS.— of, sentenced for, or adjudicated delinquent for, relief. ‘‘(1) IN GENERAL.—(A) In any civil action in a violations of criminal law; ‘‘(b) TERMINATION OF RELIEF.— Federal court with respect to prison conditions, ‘‘(6) the term ‘private settlement agreement’ ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.— the court may appoint a special master who means an agreement entered into among the (A) In any civil action with respect to prison shall be disinterested and objective and who will parties that is not subject to judicial enforce- conditions in which prospective relief is ordered, give due regard to the public safety, to conduct ment other than the reinstatement of the civil such relief shall be terminable upon the motion hearings on the record and prepare proposed proceeding that the agreement settled; of any party or intervener— findings of fact. ‘‘(7) the term ‘prospective relief’ means all re- ‘‘(i) 2 years after the date the court granted or ‘‘(B) The court shall appoint a special master lief other than compensatory monetary dam- approved the prospective relief; under this subsection during the remedial phase ages; ‘‘(ii) 1 year after the date the court has en- of the action only upon a finding that the reme- ‘‘(8) the term ‘special master’ means any per- tered an order denying termination of prospec- dial phase will be sufficiently complex to war- son appointed by a Federal court pursuant to tive relief under this paragraph; or rant the appointment. Rule 53 of the Federal Rules of Civil Procedure ‘‘(iii) in the case of an order issued on or be- ‘‘(2) APPOINTMENT.—(A) If the court deter- or pursuant to any inherent power of the court fore the date of enactment of the Prison Litiga- mines that the appointment of a special master to exercise the powers of a master, regardless of tion Reform Act, 2 years after such date of en- is necessary, the court shall request that the de- the title or description given by the court; and actment. fendant institution and the plaintiff each sub- ‘‘(9) the term ‘relief’ means all relief in any ‘‘(B) Nothing in this section shall prevent the mit a list of not more than 5 persons to serve as form that may be granted or approved by the parties from agreeing to terminate or modify re- a special master. court, and includes consent decrees but does not lief before the relief is terminated under sub- ‘‘(B) Each party shall have the opportunity to include private settlement agreements.’’. paragraph (A). remove up to 3 persons from the opposing par- (b) APPLICATION OF AMENDMENT.— ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE ty’s list. (1) IN GENERAL.—Section 3626 of title 18, RELIEF.—In any civil action with respect to pris- ‘‘(C) The court shall select the master from the United States Code, as amended by this section, on conditions, a defendant or intervener shall persons remaining on the list after the operation shall apply with respect to all prospective relief be entitled to the immediate termination of any of subparagraph (B). whether such relief was originally granted or prospective relief if the relief was approved or ‘‘(3) INTERLOCUTORY APPEAL.—Any party approved before, on, or after the date of the en- granted in the absence of a finding by the court shall have the right to an interlocutory appeal actment of this title. that the relief is narrowly drawn, extends no of the judge’s selection of the special master (2) TECHNICAL AMENDMENT.—Subsections (b) further than necessary to correct the violation under this subsection, on the ground of parti- and (d) of section 20409 of the Violent Crime of the Federal right, and is the least intrusive ality. Control and Law Enforcement Act of 1994 are means necessary to correct the violation of the ‘‘(4) COMPENSATION.—The compensation to be repealed. Federal right. allowed to a special master under this section (c) CLERICAL AMENDMENT.—The table of sec- ‘‘(3) LIMITATION.—Prospective relief shall not shall be based on an hourly rate not greater tions at the beginning of subchapter C of chap- terminate if the court makes written findings than the hourly rate established under section ter 229 of title 18, United States Code, is amend- based on the record that prospective relief re- 3006A for payment of court-appointed counsel, ed to read as follows: mains necessary to correct a current or ongoing plus costs reasonably incurred by the special ‘‘3626. Appropriate remedies with respect to pris- violation of the Federal right, extends no fur- master. Such compensation and costs shall be on conditions.’’. ther than necessary to correct the violation of paid with funds appropriated to the Judiciary. SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF IN- the Federal right, and that the prospective relief ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In STITUTIONALIZED PERSONS ACT. is narrowly drawn and the least intrusive means any civil action with respect to prison condi- (a) INITIATION OF CIVIL ACTIONS.—Section 3(c) to correct the violation. tions in which a special master is appointed of the Civil Rights of Institutionalized Persons

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2472 CONGRESSIONAL RECORD — SENATE March 20, 1996 Act (42 U.S.C. 1997a(c)) (referred to in this sec- ‘‘(2) Whenever a monetary judgment is award- (D) by striking ‘‘such costs’’ and inserting tion as the ‘‘Act’’) is amended to read as fol- ed in an action described in paragraph (1), a ‘‘such fees’’; lows: portion of the judgment (not to exceed 25 per- (E) by striking ‘‘he’’ each place it appears and ‘‘(c) The Attorney General shall personally cent) shall be applied to satisfy the amount of inserting ‘‘the person’’; sign any complaint filed pursuant to this sec- attorney’s fees awarded against the defendant. (F) by adding immediately after paragraph tion.’’. If the award of attorney’s fees is not greater (1), the following new paragraph: (b) CERTIFICATION REQUIREMENTS.—Section 4 than 150 percent of the judgment, the excess ‘‘(2) A prisoner seeking to bring a civil action of the Act (42 U.S.C. 1997b) is amended— shall be paid by the defendant. or appeal a judgment in a civil action or pro- (1) in subsection (a)— ‘‘(3) No award of attorney’s fees in an action ceeding without prepayment of fees or security (A) by striking ‘‘he’’ each place it appears and described in paragraph (1) shall be based on an therefor, in addition to filing the affidavit filed inserting ‘‘the Attorney General’’; and hourly rate greater than 150 percent of the under paragraph (1), shall submit a certified (B) by striking ‘‘his’’ and inserting ‘‘the At- hourly rate established under section 3006A of copy of the trust fund account statement (or in- torney General’s’’; and title 18, United States Code, for payment of stitutional equivalent) for the prisoner for the 6- (2) by amending subsection (b) to read as fol- court-appointed counsel. month period immediately preceding the filing of lows: ‘‘(4) Nothing in this subsection shall prohibit the complaint or notice of appeal, obtained from ‘‘(b) The Attorney General shall personally a prisoner from entering into an agreement to the appropriate official of each prison at which sign any certification made pursuant to this sec- pay an attorney’s fee in an amount greater than the prisoner is or was confined.’’; and tion.’’. the amount authorized under this subsection, if (G) by striking ‘‘An appeal’’ and inserting (c) INTERVENTION IN ACTIONS.—Section 5 of the fee is paid by the individual rather than by ‘‘(3) An appeal’’; the Act (42 U.S.C. 1997c) is amended— the defendant pursuant to section 2 of the Re- (2) by redesignating subsections (b), (c), (d), (1) in subsection (b)— vised Statutes of the United States (42 U.S.C. and (e) as subsections (c), (d), (e), and (f), re- (A) in paragraph (1), by striking ‘‘he’’ each 1988). spectively; place it appears and inserting ‘‘the Attorney ‘‘(e) LIMITATION ON RECOVERY.—No Federal (3) by inserting after subsection (a) the fol- General’’; and civil action may be brought by a prisoner con- lowing new subsection: (B) by amending paragraph (2) to read as fol- fined in a jail, prison, or other correctional fa- ‘‘(b)(1) Notwithstanding subsection (a), if a lows: cility, for mental or emotional injury suffered prisoner brings a civil action or files an appeal ‘‘(2) The Attorney General shall personally while in custody without a prior showing of in forma pauperis, the prisoner shall be required sign any certification made pursuant to this sec- physical injury. to pay the full amount of a filing fee. The court tion.’’; and ‘‘(f) HEARINGS.—(1) To the extent practicable, shall assess and, when funds exist, collect, as a (2) by amending subsection (c) to read as fol- in any action brought with respect to prison partial payment of any court fees required by lows: conditions in Federal court pursuant to section law, an initial partial filing fee of 20 percent of ‘‘(c) The Attorney General shall personally 1979 of the Revised Statutes of the United States the greater of— sign any motion to intervene made pursuant to (42 U.S.C. 1983), or any other Federal law, by a ‘‘(A) the average monthly deposits to the pris- this section.’’. prisoner confined in any jail, prison, or other oner’s account; or (d) SUITS BY PRISONERS.—Section 7 of the Act correctional facility, pretrial proceedings in ‘‘(B) the average monthly balance in the pris- (42 U.S.C. 1997e) is amended to read as follows: which the prisoner’s participation is required or oner’s account for the 6-month period imme- ‘‘SEC. 7. SUITS BY PRISONERS. permitted shall be conducted by telephone, video diately preceding the filing of the complaint or ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM- conference, or other telecommunications tech- notice of appeal. EDIES.—No action shall be brought with respect nology without removing the prisoner from the ‘‘(2) After payment of the initial partial filing to prison conditions under section 1979 of the facility in which the prisoner is confined. fee, the prisoner shall be required to make Revised Statutes of the United States (42 U.S.C. ‘‘(2) Subject to the agreement of the official of monthly payments of 20 percent of the preceding 1983), or any other Federal law, by a prisoner the Federal, State, or local unit of government month’s income credited to the prisoner’s ac- confined in any jail, prison, or other correc- with custody over the prisoner, hearings may be count. The agency having custody of the pris- tional facility until such administrative rem- conducted at the facility in which the prisoner oner shall forward payments from the prisoner’s edies as are available are exhausted. is confined. To the extent practicable, the court account to the clerk of the court each time the ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE shall allow counsel to participate by telephone, amount in the account exceeds $10 until the fil- TO ADMINISTRATIVE GRIEVANCE PROCEDURE.— video conference, or other communications tech- ing fees are paid. The failure of a State to adopt or adhere to an nology in any hearing held at the facility. ‘‘(3) In no event shall the filing fee collected administrative grievance procedure shall not ‘‘(g) WAIVER OF REPLY.—(1) Any defendant exceed the amount of fees permitted by statute constitute the basis for an action under section may waive the right to reply to any action for the commencement of a civil action or an ap- 3 or 5 of this Act. brought by a prisoner confined in any jail, pris- peal of a civil action or criminal judgment. ‘‘(c) DISMISSAL.—(1) The court shall on its on, or other correctional facility under section ‘‘(4) In no event shall a prisoner be prohibited own motion or on the motion of a party dismiss 1979 of the Revised Statutes of the United States from bringing a civil action or appealing a civil any action brought with respect to prison condi- (42 U.S.C. 1983) or any other Federal law. Not- or criminal judgment for the reason that the tions under section 1979 of the Revised Statutes withstanding any other law or rule of proce- prisoner has no assets and no means by which of the United States (42 U.S.C. 1983), or any dure, such waiver shall not constitute an admis- to pay the initial partial filing fee.’’; other Federal law, by a prisoner confined in any sion of the allegations contained in the com- (4) in subsection (c), as redesignated by para- jail, prison, or other correctional facility if the plaint. No relief shall be granted to the plaintiff graph (2), by striking ‘‘subsection (a) of this sec- court is satisfied that the action is frivolous, unless a reply has been filed. tion’’ and inserting ‘‘subsections (a) and (b) and ‘‘(2) The court may require any defendant to malicious, fails to state a claim upon which re- the prepayment of any partial filing fee as may reply to a complaint brought under this section lief can be granted, or seeks monetary relief be required under subsection (b)’’; and from a defendant who is immune from such re- if it finds that the plaintiff has a reasonable op- (5) by amending subsection (e), as redesig- lief. portunity to prevail on the merits. nated by paragraph (2), to read as follows: ‘‘(h) DEFINITION.—As used in this section, the ‘‘(2) In the event that a claim is, on its face, ‘‘(e)(1) The court may request an attorney to term ‘prisoner’ means any person incarcerated frivolous, malicious, fails to state a claim upon represent any person unable to afford counsel. or detained in any facility who is accused of, which relief can be granted, or seeks monetary ‘‘(2) Notwithstanding any filing fee, or any convicted of, sentenced for, or adjudicated de- relief from a defendant who is immune from portion thereof, that may have been paid, the linquent for, violations of criminal law or the such relief, the court may dismiss the under- court shall dismiss the case at any time if the terms and conditions of parole, probation, pre- lying claim without first requiring the exhaus- court determines that— trial release, or diversionary program.’’. tion of administrative remedies. ‘‘(A) the allegation of poverty is untrue; or (e) REPORT TO CONGRESS.—Section 8 of the ‘‘(d) ATTORNEY’S FEES.—(1) In any action ‘‘(B) the action or appeal— Act (42 U.S.C. 1997f) is amended by striking ‘‘his brought by a prisoner who is confined to any ‘‘(i) is frivolous or malicious; report’’ and inserting ‘‘the report’’. jail, prison, or other correctional facility, in ‘‘(ii) fails to state a claim on which relief may (f) NOTICE TO FEDERAL DEPARTMENTS.—Sec- which attorney’s fees are authorized under section 10 of the Act (42 U.S.C. 1997h) is amended— be granted; or tion 2 of the Revised Statutes of the United (1) by striking ‘‘his action’’ and inserting ‘‘the ‘‘(iii) seeks monetary relief against a defend- States (42 U.S.C. 1988), such fees shall not be action’’; and ant who is immune from such relief.’’. awarded, except to the extent that— (2) by striking ‘‘he is satisfied’’ and inserting (b) EXCEPTION TO DISCHARGE OF DEBT IN ‘‘(A) the fee was directly and reasonably in- ‘‘the Attorney General is satisfied’’. BANKRUPTCY PROCEEDING.—Section 523(a) of curred in proving an actual violation of the SEC. 804. PROCEEDINGS IN FORMA PAUPERIS. title 11, United States Code, is amended— plaintiff’s rights protected by a statute pursuant (a) FILING FEES.—Section 1915 of title 28, (1) in paragraph (16), by striking the period at to which a fee may be awarded under section 2 United States Code, is amended— the end and inserting ‘‘; or’’; and of the Revised Statutes; and (1) in subsection (a)— (2) by adding at the end the following new ‘‘(B)(i) the amount of the fee is proportion- (A) by striking ‘‘(a) Any’’ and inserting paragraph: ately related to the court ordered relief for the ‘‘(a)(1) Subject to subsection (b), any’’; ‘‘(17) for a fee imposed by a court for the fil- violation; or (B) by striking ‘‘and costs’’; ing of a case, motion, complaint, or appeal, or ‘‘(ii) the fee was directly and reasonably in- (C) by striking ‘‘makes affidavit’’ and insert- for other costs and expenses assessed with re- curred in enforcing the relief ordered for the ing ‘‘submits an affidavit that includes a state- spect to such filing, regardless of an assertion of violation. ment of all assets such prisoner possesses’’; poverty by the debtor under section 1915 (b) or

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2473 (f) of title 28, or the debtor’s status as a pris- against the United States or an agency, officer, provision or amendment to any person or cir- oner, as defined in section 1915(h) of title 28.’’. or employee of the Government, for mental or cumstance is held to be unconstitutional, the re- (c) COSTS.—Section 1915(f) of title 28, United emotional injury suffered while in custody with- mainder of this title, the amendments made by States Code (as redesignated by subsection out a prior showing of physical injury.’’. this title, and the application of the provisions (a)(2)), is amended— SEC. 807. PAYMENT OF DAMAGE AWARD IN SATIS- of such to any person or circumstance shall not (1) by striking ‘‘(f) Judgment’’ and inserting FACTION OF PENDING RESTITUTION be affected thereby. ‘‘(f)(1) Judgment’’; ORDERS. This Act may be cited as the ‘‘Departments of (2) by striking ‘‘cases’’ and inserting ‘‘pro- Any compensatory damages awarded to a Commerce, Justice, and State, the Judiciary, ceedings’’; and prisoner in connection with a civil action and Related Agencies Appropriations Act, (3) by adding at the end the following new brought against any Federal, State, or local jail, 1996.’’. paragraph: prison, or correctional facility or against any of- (b) Such amounts as may be necessary for pro- ‘‘(2)(A) If the judgment against a prisoner in- ficial or agent of such jail, prison, or correc- grams, projects or activities provided for in the cludes the payment of costs under this sub- tional facility, shall be paid directly to satisfy District of Columbia Appropriations Act, 1996 at section, the prisoner shall be required to pay the any outstanding restitution orders pending a rate of operations and to the extent and in the full amount of the costs ordered. against the prisoner. The remainder of any such manner provided as follows, to be effective as if ‘‘(B) The prisoner shall be required to make award after full payment of all pending restitu- it had been enacted into law as the regular ap- payments for costs under this subsection in the tion orders shall be forwarded to the prisoner. propriations Act: same manner as is provided for filing fees under SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING AN ACT subsection (a)(2). DAMAGE AWARD. Making appropriations for the government of ‘‘(C) In no event shall the costs collected ex- Prior to payment of any compensatory dam- the District of Columbia and other activities ceed the amount of the costs ordered by the ages awarded to a prisoner in connection with chargeable in whole or in part against the reve- court.’’. a civil action brought against any Federal, nues of said District for the fiscal year ending (d) SUCCESSIVE CLAIMS.—Section 1915 of title State, or local jail, prison, or correctional facil- September 30, 1996, and for other purposes. 28, United States Code, is amended by adding at ity or against any official or agent of such jail, the end the following new subsection: prison, or correctional facility, reasonable ef- TITLE I—FISCAL YEAR 1996 ‘‘(g) In no event shall a prisoner bring a civil forts shall be made to notify the victims of the APPROPRIATIONS action or appeal a judgment in a civil action or crime for which the prisoner was convicted and FEDERAL PAYMENT TO THE DISTRICT OF proceeding under this section if the prisoner incarcerated concerning the pending payment of COLUMBIA has, on 3 or more prior occasions, while incar- any such compensatory damages. For payment to the District of Columbia for cerated or detained in any facility, brought an SEC. 809. EARNED RELEASE CREDIT OR GOOD the fiscal year ending September 30, 1996, action or appeal in a court of the United States TIME CREDIT REVOCATION. $660,000,000, as authorized by section 502(a) of that was dismissed on the grounds that it is friv- (a) IN GENERAL.—Chapter 123 of title 28, the District of Columbia Self-Government and olous, malicious, or fails to state a claim upon United States Code, is amended by adding at the Governmental Reorganization Act, Public Law which relief may be granted, unless the prisoner end the following new section: 93–198, as amended (D.C. Code, sec. 47–3406.1). is under imminent danger of serious physical in- ‘‘§ 1932. Revocation of earned release credit FEDERAL CONTRIBUTION TO RETIREMENT FUNDS jury.’’. ‘‘In any civil action brought by an adult con- (e) DEFINITION.—Section 1915 of title 28, For the Federal contribution to the Police Of- victed of a crime and confined in a Federal cor- ficers and Fire Fighters’, Teachers’, and Judges’ United States Code, is amended by adding at the rectional facility, the court may order the rev- end the following new subsection: Retirement Funds, as authorized by the District ocation of such earned good time credit under of Columbia Retirement Reform Act, approved ‘‘(h) As used in this section, the term ‘pris- section 3624(b) of title 18, United States Code, oner’ means any person incarcerated or de- November 17, 1979 (93 Stat. 866; Public Law 96– that has not yet vested, if, on its own motion or 122), $52,070,000. tained in any facility who is accused of, con- the motion of any party, the court finds that— victed of, sentenced for, or adjudicated delin- ‘‘(1) the claim was filed for a malicious pur- FEDERAL CONTRIBUTION FOR EDUCATION quent for, violations of criminal law or the terms pose; REFORM and conditions of parole, probation, pretrial re- ‘‘(2) the claim was filed solely to harass the For a Federal contribution to Education Re- lease, or diversionary program.’’. party against which it was filed; or form, $14,930,000 which shall be deposited into SEC. 805. JUDICIAL SCREENING. ‘‘(3) the claimant testifies falsely or otherwise an escrow account of the District of Columbia (a) IN GENERAL.—Chapter 123 of title 28, knowingly presents false evidence or informa- Financial Responsibility and Management As- United States Code, is amended by inserting tion to the court.’’. sistance Authority, pursuant to section 205 of after section 1915 the following new section: (b) TECHNICAL AMENDMENT.—The analysis for Public Law 104–8, approved April 17, 1995 (109 ‘‘§ 1915A. Screening chapter 123 of title 28, United States Code, is Stat. 131), and shall be disbursed from such ac- amended by inserting after the item relating to count pursuant to the instructions of the Au- ‘‘(a) SCREENING.—The court shall review, be- section 1931 the following: thority and in accordance with title II of this fore docketing, if feasible or, in any event, as Act, where applicable, as follows: soon as practicable after docketing, a complaint ‘‘1932. Revocation of earned release credit.’’. $200,000 shall be available for payments to in a civil action in which a prisoner seeks re- (c) AMENDMENT OF SECTION 3624 OF TITLE charter schools; dress from a governmental entity or officer or 18.—Section 3624(b) of title 18, United States $300,000 shall be available for the Public employee of a governmental entity. Code, is amended— Charter School Board; ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the (1) in paragraph (1)— $2,000,000 shall be transferred directly, not- court shall identify cognizable claims or dismiss (A) by striking the first sentence; withstanding any other provision of law, to the the complaint, or any portion of the complaint, (B) in the second sentence— United States Department of Education for if the complaint— (i) by striking ‘‘A prisoner’’ and inserting awarding grants to carry out Even Start pro- ‘‘(1) is frivolous, malicious, or fails to state a ‘‘Subject to paragraph (2), a prisoner’’; (ii) by striking ‘‘for a crime of violence,’’; and grams in the District of Columbia as provided claim upon which relief may be granted; or (iii) by striking ‘‘such’’; for in Subtitle C of title II of this Act; ‘‘(2) seeks monetary relief from a defendant (C) in the third sentence, by striking ‘‘If the $1,250,000 shall be available to establish core who is immune from such relief. Bureau’’ and inserting ‘‘Subject to paragraph curriculum, content standards, and assessments; ‘‘(c) DEFINITION.—As used in this section, the (2), if the Bureau’’; $500,000 shall be available for payment to the term ‘prisoner’ means any person incarcerated (D) by striking the fourth sentence and insert- Administrator of the General Services Adminis- or detained in any facility who is accused of, ing the following: ‘‘In awarding credit under tration for the costs of developing engineering convicted of, sentenced for, or adjudicated de- this section, the Bureau shall consider whether plans for donated work on District of Columbia linquent for, violations of criminal law or the the prisoner, during the relevant period, has public school facilities; terms and conditions of parole, probation, pre- earned, or is making satisfactory progress to- $100,000 shall be available to develop a plan trial release, or diversionary program.’’. ward earning, a high school diploma or an for a residential school; (b) TECHNICAL AMENDMENT.—The analysis for equivalent degree.’’; and $860,000 shall be available for the District chapter 123 of title 28, United States Code, is (E) in the sixth sentence, by striking ‘‘Credit Education and Learning Technologies Advance- amended by inserting after the item relating to for the last’’ and inserting ‘‘Subject to para- ment Council; section 1915 the following new item: graph (2), credit for the last’’; and $1,450,000 shall be available to the District ‘‘1915A. Screening.’’. (2) by amending paragraph (2) to read as fol- Employment and Learning Center; SEC. 806. FEDERAL TORT CLAIMS. lows: $1,000,000 shall be available for a professional Section 1346(b) of title 28, United States Code, ‘‘(2) Notwithstanding any other law, credit development program for teachers and adminis- is amended— awarded under this subsection after the date of trators administered by the nonprofit corpora- (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; enactment of the Prison Litigation Reform Act tion selected under section 2701 of title II of this and shall vest on the date the prisoner is released Act; (2) by adding at the end the following: from custody.’’. $1,450,000 shall be available for the Jobs for ‘‘(2) No person convicted of a felony who is SEC. 810. SEVERABILITY. D.C. Graduates Program; incarcerated while awaiting sentencing or while If any provision of this title, an amendment $70,000 shall be available for the Everybody serving a sentence may bring a civil action made by this title, or the application of such Wins program: Provided, That $35,000 of this

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2474 CONGRESSIONAL RECORD — SENATE March 20, 1996 amount shall not be available until the Super- sight of the House, and the Committee on Gov- be restricted in any manner by any official or intendent certifies to the Chairman of the Dis- ernmental Affairs of the Senate reporting the re- employee of the District of Columbia govern- trict of Columbia Financial Responsibility and sults of a needs analysis and assessment of the ment, for purchases that do not exceed $500,000: Management Assistance Authority that he has existing financial management environment, Provided further, That $250,000 is used for the raised a like amount from private sources; specifying the deficiencies in, and recom- Georgetown Summer Detail; $200,000 is used for $100,000 shall be available for the Fit Kids mending necessary improvements to or replace- East of the River Detail; $100,000 is used for program: Provided, That $50,000 of this amount ment of the District’s financial management sys- Adams Morgan Detail; and $100,000 is used for shall not be available until the Superintendent tem including a detailed explanation of each the Capitol Hill Summer Detail: Provided fur- certifies to the Chairman of the District of Co- recommendation and its estimated cost; and (2) ther, That the Metropolitan Police Department lumbia Financial Responsibility and Manage- 30 days lapse after receipt of the report by Con- shall employ an authorized level of sworn offi- ment Assistance Authority that he has raised a gress. cers not to be less than 3,800 sworn officers for like amount from private sources; ECONOMIC DEVELOPMENT AND REGULATION the fiscal year ending September 30, 1996: Pro- $400,000 shall be available to the District of Economic development and regulation, vided further, That funds appropriated for ex- Columbia Public Schools to improve security $140,983,000 and 1,692 full-time equivalent posi- penses under the District of Columbia Criminal (such as installing electronic door locking de- tions (end-of-year) (including $68,203,000 and Justice Act, approved September 3, 1974 (88 Stat. vices) at such schools, including at a minimum 698 full-time equivalent positions from local 1090; Public Law 93–412; D.C. Code, sec. 11–2601 the following schools: Winston Education Cen- funds, $38,792,000 and 509 full-time equivalent et seq.), for the fiscal year ending September 30, ter; McKinley High School; Ballou High School; positions from Federal funds, $17,658,000 and 1996, shall be available for obligations incurred and Cardozo High School; and 258 full-time equivalent positions from other under the Act in each fiscal year since inception $5,250,000 shall be available pursuant to a funds, and $16,330,000 and 227 full-time equiva- in the fiscal year 1975: Provided further, That plan developed by the Superintendent of the lent positions from intra-District funds): Pro- funds appropriated for expenses under the Dis- District of Columbia Public Schools, in consulta- vided, That the District of Columbia Housing trict of Columbia Neglect Representation Equity tion with public and private entities, for repair, Finance Agency, established by section 201 of Act of 1984, effective March 13, 1985 (D.C. Law modernization, maintenance and planning con- the District of Columbia Housing Finance Agen- 5–129; D.C. Code, sec. 16–2304), for the fiscal sistent with subtitle A and subtitle F of title II cy Act, effective March 3, 1979 (D.C. Law 2–135; year ending September 30, 1996, shall be avail- of this Act, the August 14, 1995 recommenda- D.C. Code, sec. 45–2111), based upon its capa- able for obligations incurred under the Act in tions of the ‘‘Superintendent’s Task Force on bility of repayments as determined each year by each fiscal year since inception in the fiscal Education Infrastructure for the 21st Century’’ the Council of the District of Columbia from the year 1985: Provided further, That funds appro- and the June 13, 1995 ‘‘Accelerating Education Housing Finance Agency’s annual audited fi- priated for expenses under the District of Co- Reform in the District of Columbia: Building on nancial statements to the Council of the District lumbia Guardianship, Protective Proceedings, BESST’’: Provided, That not more than $250,000 of Columbia, shall repay to the general fund an and Durable Power of Attorney Act of 1986, ef- of this amount may be available for planning: amount equal to the appropriated administra- fective February 27, 1987 (D.C. Law 6–204; D.C. Provided further, That these funds shall be tive costs plus interest at a rate of four percent Code, sec. 21–2060), for the fiscal year ending available for repair, modernization, mainte- per annum for a term of 15 years, with a defer- September 30, 1996, shall be available for obliga- nance of classroom buildings: Provided further, ral of payments for the first three years: Pro- tions incurred under the Act in each fiscal year That these funds shall remain available until vided further, That notwithstanding the fore- since inception in fiscal year 1989: Provided fur- expended. going provision, the obligation to repay all or ther, That not to exceed $1,500 for the Chief DIVISION OF EXPENSES part of the amounts due shall be subject to the Judge of the District of Columbia Court of Ap- The following amounts are appropriated for rights of the owners of any bonds or notes peals, $1,500 for the Chief Judge of the Superior the District of Columbia for the current fiscal issued by the Housing Finance Agency and Court of the District of Columbia, and $1,500 for year out of the general fund of the District of shall be repaid to the District of Columbia gov- the Executive Officer of the District of Columbia Columbia, except as otherwise specifically pro- ernment only from available operating revenues Courts shall be available from this appropria- vided. of the Housing Finance Agency that are in ex- tion for official purposes: Provided further, GOVERNMENTAL DIRECTION AND SUPPORT cess of the amounts required for debt service, re- That the District of Columbia shall operate and Governmental direction and support, serve funds, and operating expenses: Provided maintain a free, 24-hour telephone information $149,130,000 and 1,498 full-time equivalent posi- further, That upon commencement of the debt service whereby residents of the area sur- tions (end of year) (including $117,464,000 and service payments, such payments shall be depos- rounding Lorton prison in Fairfax County, Vir- 1,158 full-time equivalent positions from local ited into the general fund of the District of Co- ginia, can promptly obtain information from funds, $2,464,000 and 5 full-time equivalent posi- lumbia. District of Columbia government officials on all tions from Federal funds, $4,474,000 and 71 full- PUBLIC SAFETY AND JUSTICE disturbances at the prison, including escapes, time equivalent positions from other funds, and Public safety and justice, including purchase riots, and similar incidents: Provided further, $24,728,000 and 264 full-time equivalent positions of 135 passenger-carrying vehicles for replace- That the District of Columbia government shall from intra-District funds): Provided, That not to ment only, including 130 for police-type use and also take steps to publicize the availability of exceed $2,500 for the Mayor, $2,500 for the five for fire-type use, without regard to the gen- the 24-hour telephone information service Chairman of the Council of the District of Co- eral purchase price limitation for the current among the residents of the area surrounding the lumbia, and $2,500 for the City Administrator fiscal year, $963,848,000 and 11,544 full-time Lorton prison: Provided further, That not to ex- shall be available from this appropriation for ex- equivalent positions (end-of-year) (including ceed $100,000 of this appropriation shall be used penditures for official purposes: Provided fur- $940,631,000 and 11,365 full-time equivalent posi- to reimburse Fairfax County, Virginia, and ther, That any program fees collected from the tions from local funds, $8,942,000 and 70 full- Prince William County, Virginia, for expenses issuance of debt shall be available for the pay- time equivalent positions from Federal funds, incurred by the counties during the fiscal year ment of expenses of the debt management pro- $5,160,000 and 4 full-time equivalent positions ending September 30, 1996, in relation to the gram of the District of Columbia: Provided fur- from other funds, and $9,115,000 and 105 full- Lorton prison complex: Provided further, That ther, That no revenues from Federal sources time equivalent positions from intra-District such reimbursements shall be paid in all in- shall be used to support the operations or activi- funds): Provided, That the Metropolitan Police stances in which the District requests the counties of the Statehood Commission and Statehood Department is authorized to replace not to ex- ties to provide police, fire, rescue, and related Compact Commission: Provided further, That ceed 25 passenger-carrying vehicles and the Fire services to help deal with escapes, fires, riots, the District of Columbia shall identify the Department of the District of Columbia is au- and similar disturbances involving the prison: sources of funding for Admission to Statehood thorized to replace not to exceed five passenger- Provided further, That the Mayor shall reim- from its own locally-generated revenues: Pro- carrying vehicles annually whenever the cost of burse the District of Columbia National Guard vided further, That $29,500,000 is for pay-as- repair to any damaged vehicle exceeds three- for expenses incurred in connection with serv- you-go capital projects of which $1,500,000 shall fourths of the cost of the replacement: Provided ices that are performed in emergencies by the be for a capital needs assessment study, and further, That not to exceed $500,000 shall be National Guard in a militia status and are re- $28,000,000 shall be for a new financial manage- available from this appropriation for the Chief quested by the Mayor, in amounts that shall be ment system, if so determined following the eval- of Police for the prevention and detection of jointly determined and certified as due and pay- uation and review process subsequently de- crime: Provided further, That the Metropolitan able for these services by the Mayor and the scribed in this paragraph, of which $2,000,000 Police Department shall provide quarterly re- Commanding General of the District of Colum- shall be used to develop a needs analysis and ports to the Committees on Appropriations of bia National Guard: Provided further, That assessment of the existing financial management the House and Senate on efforts to increase effi- such sums as may be necessary for reimburse- environment, and the remaining $26,000,000 ciency and improve the professionalism in the ment to the District of Columbia National Guard shall be used to procure the necessary hardware department: Provided further, That notwith- under the preceding proviso shall be available and installation of new software, conversion, standing any other provision of law, or Mayor’s from this appropriation, and the availability of testing and training: Provided further, That the Order 86–45, issued March 18, 1986, the Metro- the sums shall be deemed as constituting pay- $26,000,000 shall not be obligated or expended politan Police Department’s delegated small ment in advance for emergency services in- until: (1) the District of Columbia Financial Re- purchase authority shall be $500,000: Provided volved. sponsibility and Management Assistance Au- further, That the District of Columbia govern- PUBLIC EDUCATION SYSTEM thority submits a report to the Committees on ment may not require the Metropolitan Police Appropriations of the House and the Senate, the Department to submit to any other procurement Public education system, including the devel- Committee on Governmental Reform and Over- review process, or to obtain the approval of or opment of national defense education programs,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2475 $795,201,000 and 11,670 full-time equivalent posi- $100,000 shall be available to develop a plan and three passenger-carrying vehicles for use by tions (end-of-year) (including $676,251,000 and for a residential school as authorized under the Council of the District of Columbia and pur- 9,996 full-time equivalent positions from local Subtitle G of title II of this Act; chase of passenger-carrying vehicles for replace- funds, $87,385,000 and 1,227 full-time equivalent $860,000 shall be available for the District ment only, $297,568,000 and 1,914 full-time equiv- positions from Federal funds, $21,719,000 and Education and Learning Technologies Advance- alent positions (end-of-year) (including 234 full-time equivalent positions from other ment Council as authorized under Subtitle I of $225,915,000 and 1,158 full-time equivalent posi- funds, and $9,846,000 and 213 full-time equiva- title II of this Act; tions from local funds, $2,682,000 and 32 full- lent positions from intra-District funds), to be $1,450,000 shall be available to the District time equivalent positions from Federal funds, allocated as follows: $580,996,000 and 10,167 full- Employment and Learning Center as authorized $18,342,000 and 68 full-time equivalent positions time equivalent positions (including $498,310,000 under Subtitle I of title II of this Act; from other funds, and $50,629,000 and 656 full- and 9,014 full-time equivalent positions from $1,000,000 shall be available for a professional time equivalent positions from intra-District local funds $75,786,000 and 1,058 full-time equiv- development program for teachers and adminis- funds): Provided, That this appropriation shall alent positions from Federal funds, $4,343,000 trators administered by the nonprofit corpora- not be available for collecting ashes or miscella- and 44 full-time equivalent positions from other tion selected under section 2701 of title II of this neous refuse from hotels and places of business. funds, and $2,557,000 and 51 full-time equivalent Act as authorized under Subtitle I of title II of WASHINGTON CONVENTION CENTER FUND positions from intra-District funds), for the pub- this Act; TRANSFER PAYMENT lic schools of the District of Columbia; $1,450,000 shall be available for the Jobs for $111,800,000 (including $111,000,000 from local D.C. Graduates Program as authorized under For payment to the Washington Convention funds and $800,000 from intra-District funds) Subtitle I of title II of this Act; Center Enterprise Fund, $5,400,000 from local shall be allocated for the District of Columbia $70,000 shall be available for the Everybody funds. Teachers’ Retirement Fund; $79,396,000 and Wins program; REPAYMENT OF LOANS AND INTEREST 1,079 full-time equivalent positions (including $100,000 shall be available for the Fit Kids For reimbursement to the United States of $45,377,000 and 572 full-time equivalent positions program; funds loaned in compliance with An Act to pro- from local funds, $10,611,000 and 156 full-time $400,000 shall be available to the District of vide for the establishment of a modern, ade- equivalent positions from Federal funds, Columbia Public Schools to improve security quate, and efficient hospital center in the Dis- $16,922,000 and 189 full-time equivalent positions (such as installing electronic door locking de- trict of Columbia, approved August 7, 1946 (60 from other funds, and $6,486,000 and 162 full- vices) at such schools, including at a minimum Stat. 896; Public Law 79–648); section 1 of An time equivalent positions from intra-District the following schools: Winston Education Cen- Act to authorize the Commissioners of the Dis- funds) for the University of the District of Co- ter; McKinley High School; Ballou High School; trict of Columbia to borrow funds for capital im- lumbia; $20,742,000 and 415 full-time equivalent and Cardozo High School; and provement programs and to amend provisions of positions (including $19,839,000 and 408 full-time $5,250,000 shall be available pursuant to a law relating to Federal Government participa- equivalent positions from local funds, $446,000 plan developed by the Superintendent of the tion in meeting costs of maintaining the Na- and 6 full-time equivalent positions from Fed- District of Columbia Public Schools, in consultation’s Capital City, approved June 6, 1958 (72 eral funds, $454,000 and 1 full-time equivalent tion with public and private entities, for repair, Stat. 183; Public Law 85–451; D.C. Code, sec. 9– position from other funds, and $3,000 from intra- modernization, maintenance and planning con- 219); section 4 of An Act to authorize the Com- District funds) for the Public Library; $2,267,000 sistent with subtitle A and subtitle F of title II missioners of the District of Columbia to plan, and 9 full-time equivalent positions (including of this Act, the August 14, 1995 recommenda- construct, operate, and maintain a sanitary $1,725,000 and 2 full-time equivalent positions tions of the ‘‘Superintendent’s Task Force on sewer to connect the Dulles International Air- from local funds and $542,000 and 7 full-time Education Infrastructure for the 21st Century’’ port with the District of Columbia system, ap- equivalent positions from Federal funds) for the and the June 13, 1995 ‘‘Accelerating Education proved June 12, 1960 (74 Stat. 211; Public Law Commission on the Arts and Humanities: Pro- Reform in the District of Columbia: Building on 86–515); sections 723 and 743(f) of the District of vided, That the public schools of the District of BESST’’: Provided, That not more than $250,000 Columbia Self-Government and Governmental Columbia are authorized to accept not to exceed of this amount may be available for planning: Reorganization Act of 1973, approved December 31 motor vehicles for exclusive use in the driver Provided further, That these funds shall be 24, 1973, as amended (87 Stat. 821; Public Law education program: Provided further, That not available for repair, modernization, mainte- 93–198; D.C. Code, sec. 47–321, note; 91 Stat. to exceed $2,500 for the Superintendent of nance of classroom buildings: Provided further, 1156; Public Law 95–131; D.C. Code, sec. 9–219, Schools, $2,500 for the President of the Univer- That these funds shall remain available until note), including interest as required thereby, sity of the District of Columbia, and $2,000 for expended: $327,787,000 from local funds. the Public Librarian shall be available from this Provided, That the District of Columbia govern- REPAYMENT OF GENERAL FUND RECOVERY DEBT appropriation for expenditures for official pur- ment shall enter into negotiations with Gal- poses: Provided further, That this appropriation laudet University to transfer, at a fair market For the purpose of eliminating the $331,589,000 shall not be available to subsidize the education value rate, Hamilton School from the District of general fund accumulated deficit as of Sep- of nonresidents of the District of Columbia at Columbia to Gallaudet University with the pro- tember 30, 1990, $38,678,000 from local funds, as the University of the District of Columbia, un- ceeds, if such a sale takes place, deposited into authorized by section 461(a) of the District of less the Board of Trustees of the University of the general fund of the District and used to im- Columbia Self-Government and Governmental the District of Columbia adopts, for the fiscal prove public school facilities in the same ward Reorganization Act, approved December 24, year ending September 30, 1996, a tuition rate as the Hamilton School. 1973, as amended (105 Stat. 540; Public Law 102– schedule that will establish the tuition rate for 106; D.C. Code, sec. 47–321(a)). HUMAN SUPPORT SERVICES nonresident students at a level no lower than REPAYMENT OF INTEREST ON SHORT-TERM Human support services, $1,855,014,000 and the nonresident tuition rate charged at com- BORROWING parable public institutions of higher education 6,469 full-time equivalent positions (end-of-year) in the metropolitan area. (including $1,076,856,000 and 3,650 full-time For repayment of interest on short-term bor- equivalent positions from local funds, rowing, $9,698,000 from local funds. EDUCATION REFORM $726,685,000 and 2,639 full-time equivalent posi- PAY RENEGOTIATION OR REDUCTION IN Education reform, $14,930,000, to be allocated tions from Federal funds, $46,799,000 and 66 full- COMPENSATION as follows: time equivalent positions from other funds, and The Mayor shall reduce appropriations and $200,000 shall be available for payments to $4,674,000 and 114 full-time equivalent positions expenditures for personal services in the amount charter schools as authorized under Subtitle B from intra-District funds): Provided, That of $46,409,000, by decreasing rates of compensa- of title II of this Act; $26,000,000 of this appropriation, to remain tion for District government employees; such de- $300,000 shall be available for the Public available until expended, shall be available sole- creased rates are to be realized from employees Charter School Board as authorized under Sub- ly for District of Columbia employees’ disability who are subject to collective bargaining agree- title B of title II of this Act; compensation: Provided further, That the Dis- $2,000,000 shall be transferred directly, not- ments to the extent possible through the renego- trict shall not provide free government services withstanding any other provision of law, to the tiation of existing collective bargaining agree- such as water, sewer, solid waste disposal or United States Department of Education for ments: Provided, That, if a sufficient reduction collection, utilities, maintenance, repairs, or awarding grants to carry out Even Start pro- from employees who are subject to collective bar- similar services to any legally constituted pri- grams in the District of Columbia as provided gaining agreements is not realized through re- vate nonprofit organization (as defined in sec- for in Subtitle C of title II of this Act; negotiating existing agreements, the Mayor tion 411(5) of Public Law 100–77, approved July $1,250,000 shall be available to establish core shall decrease rates of compensation for such 22, 1987) providing emergency shelter services in curriculum, content standards, and assessments employees, notwithstanding the provisions of the District, if the District would not be quali- as authorized under Subtitle D of title II of this any collective bargaining agreements: Provided fied to receive reimbursement pursuant to the Act; further, That the Congress hereby ratifies and Stewart B. McKinney Homeless Assistance Act, $500,000 shall be available for payment to the approves legislation enacted by the Council of approved July 22, 1987 (101 Stat. 485; Public Law Administrator of the General Services Adminis- the District of Columbia during fiscal year 1995 100–77; 42 U.S.C. 11301 et seq.). tration for the costs of developing engineering to reduce the compensation and benefits of all plans for donated work on District of Columbia PUBLIC WORKS employees of the District of Columbia govern- public school facilities as authorized under Sub- Public works, including rental of one pas- ment during that fiscal year: Provided further, title F of title II of this Act; senger-carrying vehicle for use by the Mayor That notwithstanding any other provision of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2476 CONGRESSIONAL RECORD — SENATE March 20, 1996 law, the legislation enacted by the Council of for capital outlay projects, except those projects coming fiscal year as required by section 442(b) the District of Columbia during fiscal year 1995 covered by the first sentence of section 23(a) of of the District of Columbia Self-Government and to reduce the compensation and benefits of all the Federal-Aid Highway Act of 1968, approved Governmental Reorganization Act, approved De- employees of the District of Columbia govern- August 23, 1968 (82 Stat. 827; Public Law 90–495; cember 24, 1973 (87 Stat. 824; Public Law 93–198; ment during that fiscal year shall be deemed to D.C. Code, sec. 7–134, note), for which funds are D.C. Code, sec. 47–301(b)). have been ratified and approved by the Con- provided by this appropriation title, shall expire D.C. GENERAL HOSPITAL gress during fiscal year 1995. on September 30, 1997, except authorizations for For the District of Columbia General Hospital, RAINY DAY FUND projects as to which funds have been obligated established by Reorganization Order No. 57 of For mandatory unavoidable expenditures in whole or in part prior to September 30, 1997: the Board of Commissioners, effective August 15, within one or several of the various appropria- Provided further, That upon expiration of any 1953, $115,034,000, of which $56,735,000 shall be tion headings of this Act, to be allocated to the such project authorization the funds provided derived by transfer as intra-District funds from budgets for personal services and nonpersonal herein for the project shall lapse. the general fund, $52,684,000 is to be derived services as requested by the Mayor and ap- WATER AND SEWER ENTERPRISE FUND from the other funds, and $5,615,000 is to be de- proved by the Council pursuant to the proce- For the Water and Sewer Enterprise Fund, rived from intra-District funds. dures in section 4 of the Reprogramming Policy $242,253,000 and 1,024 full-time equivalent posi- D.C. RETIREMENT BOARD Act of 1980, effective September 16, 1980 (D.C. tions (end-of-year) (including $237,076,000 and For the D.C. Retirement Board, established by Law 3–100; D.C. Code, sec. 47–363), $4,563,000 924 full-time equivalent positions from local section 121 of the District of Columbia Retire- from local funds: Provided, That the District of funds, $433,000 from other funds, and $4,744,000 ment Reform Act of 1989, approved November 17, Columbia shall provide to the Committees on and 100 full-time equivalent positions from 1989 (93 Stat. 866; D.C. Code, sec. 1–711), Appropriations of the House of Representatives intra-District funds), of which $41,036,000 shall $13,440,000 and 11 full-time equivalent positions and the Senate quarterly reports by the 15th be apportioned and payable to the debt service (end-of-year) from the earnings of the applica- day of the month following the end of the quar- fund for repayment of loans and interest in- ble retirement funds to pay legal, management, ter showing how monies provided under this curred for capital improvement projects. investment, and other fees and administrative fund are expended with a final report providing For construction projects, $39,477,000 from expenses of the District of Columbia Retirement a full accounting of the fund due October 15, Federal funds, as authorized by An Act author- Board: Provided, That the District of Columbia 1996 or not later than 15 days after the last izing the laying of water mains and service sew- Retirement Board shall provide to the Congress amount remaining in the fund is disbursed. ers in the District of Columbia, the levying of and to the Council of the District of Columbia a INCENTIVE BUYOUT PROGRAM assessments therefor, and for other purposes, quarterly report of the allocations of charges by approved April 22, 1904 (33 Stat. 244; Public Law For the purpose of funding costs associated fund and of expenditures of all funds: Provided 58–140; D.C. Code, sec. 43–1512 et seq.): Pro- with the incentive buyout program, to be appor- further, That the District of Columbia Retire- vided, That the requirements and restrictions tioned by the Mayor of the District of Columbia ment Board shall provide the Mayor, for trans- that are applicable to general fund capital im- within the various appropriation headings in mittal to the Council of the District of Columbia, provement projects and set forth in this Act an item accounting of the planned use of appro- this Act from which costs are properly payable, under the Capital Outlay appropriation title priated funds in time for each annual budget $19,000,000. shall apply to projects approved under this ap- submission and the actual use of such funds in OUTPLACEMENT SERVICES propriation title. time for each annual audited financial report. For the purpose of funding outplacement serv- LOTTERY AND CHARITABLE GAMES ENTERPRISE CORRECTIONAL INDUSTRIES FUND ices for employees who leave the District of Co- FUND For the Correctional Industries Fund, estab- lumbia government involuntarily, $1,500,000. For the Lottery and Charitable Games Enter- lished by the District of Columbia Correctional BOARDS AND COMMISSIONS prise Fund, established by the District of Colum- Industries Establishment Act, approved October The Mayor shall reduce appropriations and bia Appropriation Act for the fiscal year ending 3, 1964 (78 Stat. 1000; Public Law 88–622), expenditures for boards and commissions under September 30, 1982, approved December 4, 1981 $10,516,000 and 66 full-time equivalent positions the various headings in this Act in the amount (95 Stat. 1174, 1175; Public Law 97–91), as (end-of-year) (including $3,415,000 and 22 full- of $500,000. amended, for the purpose of implementing the time equivalent positions from other funds and GOVERNMENT RE-ENGINEERING PROGRAM Law to Legalize Lotteries, Daily Numbers $7,101,000 and 44 full-time equivalent positions The Mayor shall reduce appropriations and Games, and Bingo and Raffles for Charitable from intra-District funds). expenditures for personal and nonpersonal serv- Purposes in the District of Columbia, effective WASHINGTON CONVENTION CENTER ENTERPRISE ices in the amount of $16,000,000 within one or March 10, 1981 (D.C. Law 3–172; D.C. Code, FUND several of the various appropriation headings in secs. 2–2501 et seq. and 22–1516 et seq.), For the Washington Convention Center Enter- this Act. $229,950,000 and 88 full-time equivalent positions prise Fund, $37,957,000, of which $5,400,000 shall (end-of-year) (including $7,950,000 and 88 full- CAPITAL OUTLAY be derived by transfer from the general fund. time equivalent positions for administrative ex- (INCLUDING RESCISSIONS) DISTRICT OF COLUMBIA FINANCIAL RESPONSI- penses and $222,000,000 for non-administrative BILITY AND MANAGEMENT ASSISTANCE AU- For construction projects, $168,222,000 (includ- expenses from revenue generated by the Lottery THORITY ing $82,850,000 from local funds and $85,372,000 Board), to be derived from non-Federal District For the District of Columbia Financial Re- from Federal funds), as authorized by An Act of Columbia revenues: Provided, That the Dis- authorizing the laying of water mains and serv- sponsibility and Management Assistance Au- trict of Columbia shall identify the source of thority, established by section 101(a) of the Dis- ice sewers in the District of Columbia, the lev- funding for this appropriation title from the ying of assessments therefor, and for other pur- trict of Columbia Financial Responsibility and District’s own locally-generated revenues: Pro- Management Assistance Act of 1995, approved poses, approved April 22, 1904 (33 Stat. 244; Pub- vided further, That no revenues from Federal lic Law 58–140; D.C. Code, secs. 43–1512 through April 17, 1995 (109 Stat. 97; Public Law 104–8), sources shall be used to support the operations $3,500,000. 43–1519); the District of Columbia Public Works or activities of the Lottery and Charitable PERSONAL AND NONPERSONAL SERVICES Act of 1954, approved May 18, 1954 (68 Stat. 101; Games Control Board. Public Law 83–364); An Act to authorize the ADJUSTMENTS CABLE TELEVISION ENTERPRISE FUND Commissioners of the District of Columbia to Notwithstanding any other provision of law, borrow funds for capital improvement programs For the Cable Television Enterprise Fund, es- the Chief Financial Officer established under and to amend provisions of law relating to Fed- tablished by the Cable Television Communica- section 302 of Public Law 104–8, approved April eral Government participation in meeting costs tions Act of 1981, effective October 22, 1983 (D.C. 17, 1995 (109 Stat. 142) shall, on behalf of the of maintaining the Nation’s Capital City, ap- Law 5–36; D.C. Code, sec. 43–1801 et seq.), Mayor, adjust appropriations and expenditures proved June 6, 1958 (72 Stat. 183; Public Law 85– $2,351,000 and 8 full-time equivalent positions for personal and nonpersonal services, together 451; including acquisition of sites, preparation (end-of-year) (including $2,019,000 and 8 full- with the related full-time equivalent positions, of plans and specifications, conducting prelimi- time equivalent positions from local funds and in accordance with the direction of the District nary surveys, erection of structures, including $332,000 from other funds), of which $572,000 of Columbia Financial Responsibility and Man- building improvement and alteration and treat- shall be transferred to the general fund of the agement Assistance Authority such that there is ment of grounds, to remain available until ex- District of Columbia. a net reduction of $165,837,000, within or among pended: Provided, That $105,660,000 from local STARPLEX FUND one or several of the various appropriation funds appropriated under this heading in prior For the Starplex Fund, $6,580,000 from other headings in this Act, pursuant to section 208 of fiscal years is rescinded: Provided further, That funds for the expenses incurred by the Armory Public Law 104–8, approved April 17, 1995 (109 funds for use of each capital project imple- Board in the exercise of its powers granted by Stat. 134). menting agency shall be managed and con- An Act To Establish A District of Columbia Ar- GENERAL PROVISIONS trolled in accordance with all procedures and mory Board, and for other purposes, approved SEC. 101. The expenditure of any appropria- limitations established under the Financial June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301 tion under this Act for any consulting service Management System: Provided further, That all et seq.) and the District of Columbia Stadium through procurement contract, pursuant to 5 funds provided by this appropriation title shall Act of 1957, approved September 7, 1957 (71 Stat. U.S.C. 3109, shall be limited to those contracts be available only for the specific projects and 619; Public Law 85–300; D.C. Code, sec. 2–321 et where such expenditures are a matter of public purposes intended: Provided further, That not- seq.): Provided, That the Mayor shall submit a record and available for public inspection, ex- withstanding the foregoing, all authorizations budget for the Armory Board for the forth- cept where otherwise provided under existing

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00136 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2477 law, or under existing Executive order issued of Columbia, or their duly authorized represent- proved August 2, 1946 (60 Stat. 793; Public Law pursuant to existing law. ative: Provided, That none of the funds con- 79–592; D.C. Code, sec. 5–803(a)), the Board of SEC. 102. Except as otherwise provided in this tained in this Act shall be made available to pay Directors of the District of Columbia Redevelop- Act, all vouchers covering expenditures of ap- the salary of any employee of the District of Co- ment Land Agency shall be paid, during any fis- propriations contained in this Act shall be au- lumbia government whose name and salary are cal year, per diem compensation at a rate estab- dited before payment by the designated certi- not available for public inspection. lished by the Mayor. fying official and the vouchers as approved SEC. 112. There are appropriated from the ap- SEC. 121. Notwithstanding any other provi- shall be paid by checks issued by the designated plicable funds of the District of Columbia such sions of law, the provisions of the District of Co- disbursing official. sums as may be necessary for making payments lumbia Government Comprehensive Merit Per- SEC. 103. Whenever in this Act, an amount is authorized by the District of Columbia Revenue sonnel Act of 1978, effective March 3, 1979 (D.C. specified within an appropriation for particular Recovery Act of 1977, effective September 23, Law 2–139; D.C. Code, sec. 1–601.1 et seq.), en- purposes or objects of expenditure, such 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et acted pursuant to section 422(3) of the District amount, unless otherwise specified, shall be con- seq.). of Columbia Self-Government and Governmental sidered as the maximum amount that may be ex- SEC. 113. No part of this appropriation shall Reorganization Act of 1973, approved December pended for said purpose or object rather than an be used for publicity or propaganda purposes or 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. amount set apart exclusively therefor. implementation of any policy including boycott Code, sec. 1–242(3)), shall apply with respect to SEC. 104. Appropriations in this Act shall be designed to support or defeat legislation pending the compensation of District of Columbia em- available, when authorized by the Mayor, for before Congress or any State legislature. ployees: Provided, That for pay purposes, em- allowances for privately owned automobiles and SEC. 114. At the start of the fiscal year, the motorcycles used for the performance of official Mayor shall develop an annual plan, by quarter ployees of the District of Columbia government duties at rates established by the Mayor: Pro- and by project, for capital outlay borrowings: shall not be subject to the provisions of title 5 of vided, That such rates shall not exceed the max- Provided, That within a reasonable time after the United States Code. imum prevailing rates for such vehicles as pre- the close of each quarter, the Mayor shall report SEC. 122. The Director of the Department of scribed in the Federal Property Management to the Council of the District of Columbia and Administrative Services may pay rentals and re- Regulations 101–7 (Federal Travel Regulations). the Congress the actual borrowings and spend- pair, alter, and improve rented premises, with- SEC. 105. Appropriations in this Act shall be ing progress compared with projections. out regard to the provisions of section 322 of the available for expenses of travel and for the pay- SEC. 115. The Mayor shall not borrow any Economy Act of 1932 (Public Law 72–212; 40 ment of dues of organizations concerned with funds for capital projects unless the Mayor has U.S.C. 278a), upon a determination by the Di- the work of the District of Columbia govern- obtained prior approval from the Council of the rector, that by reason of circumstances set forth ment, when authorized by the Mayor: Provided, District of Columbia, by resolution, identifying in such determination, the payment of these That the Council of the District of Columbia the projects and amounts to be financed with rents and the execution of this work, without and the District of Columbia Courts may expend such borrowings. reference to the limitations of section 322, is ad- such funds without authorization by the Mayor. SEC. 116. The Mayor shall not expend any vantageous to the District in terms of economy, SEC. 106. There are appropriated from the ap- moneys borrowed for capital projects for the op- efficiency, and the District’s best interest. plicable funds of the District of Columbia such erating expenses of the District of Columbia gov- SEC. 123. No later than 30 days after the end sums as may be necessary for making refunds ernment. of the first quarter of the fiscal year ending Sep- and for the payment of judgments that have SEC. 117. None of the funds appropriated by tember 30, 1996, the Mayor of the District of Co- been entered against the District of Columbia this Act may be obligated or expended by re- lumbia shall submit to the Council of the Dis- government: Provided, That nothing contained programming except pursuant to advance ap- trict of Columbia the new fiscal year 1996 rev- in this section shall be construed as modifying proval of the reprogramming granted according enue estimates as of the end of the first quarter or affecting the provisions of section 11(c)(3) of to the procedure set forth in the Joint Explana- of fiscal year 1996. These estimates shall be used title XII of the District of Columbia Income and tory Statement of the Committee of Conference in the budget request for the fiscal year ending Franchise Tax Act of 1947, approved March 31, (House Report No. 96–443), which accompanied September 30, 1997. The officially revised esti- 1956 (70 Stat. 78; Public Law 84–460; D.C. Code, the District of Columbia Appropriation Act, mates at midyear shall be used for the midyear sec. 47–1812.11(c)(3)). 1980, approved October 30, 1979 (93 Stat. 713; report. SEC. 107. Appropriations in this Act shall be Public Law 96–93), as modified in House Report available for the payment of public assistance No. 98–265, and in accordance with the Re- SEC. 124. No sole source contract with the Dis- without reference to the requirement of section programming Policy Act of 1980, effective Sep- trict of Columbia government or any agency 544 of the District of Columbia Public Assistance tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. thereof may be renewed or extended without Act of 1982, effective April 6, 1982 (D.C. Law 4– 47–361 et seq.): Provided, That for the fiscal year opening that contract to the competitive bidding 101; D.C. Code, sec. 3–205.44), and for the non- ending September 30, 1996 the above shall apply process as set forth in section 303 of the District Federal share of funds necessary to qualify for except as modified by Public Law 104–8. of Columbia Procurement Practices Act of 1985, Federal assistance under the Juvenile Delin- SEC. 118. None of the Federal funds provided effective February 21, 1986 (D.C. Law 6–85; D.C. quency Prevention and Control Act of 1968, ap- in this Act shall be obligated or expended to pro- Code, sec. 1–1183.3), except that the District of proved July 31, 1968 (82 Stat. 462; Public Law vide a personal cook, chauffeur, or other per- Columbia Public Schools may renew or extend 90–445, 42 U.S.C. 3801 et seq.). sonal servants to any officer or employee of the sole source contracts for which competition is SEC. 108. No part of any appropriation con- District of Columbia. not feasible or practical, provided that the detained in this Act shall remain available for ob- SEC. 119. None of the Federal Funds provided termination as to whether to invoke the competi- ligation beyond the current fiscal year unless in this Act shall be obligated or expended to pro- tive bidding process has been made in accord- expressly so provided herein. cure passenger automobiles as defined in the ance with duly promulgated Board of Education SEC. 109. No funds appropriated in this Act Automobile Fuel Efficiency Act of 1980, ap- rules and procedures. for the District of Columbia government for the proved October 10, 1980 (94 Stat. 1824; Public SEC. 125. For purposes of the Balanced Budget operation of educational institutions, the com- Law 96–425; 15 U.S.C. 2001(2)), with an Environ- and Emergency Deficit Control Act of 1985, ap- pensation of personnel, or for other educational mental Protection Agency estimated miles per proved December 12, 1985 (99 Stat. 1037; Public purposes may be used to permit, encourage, fa- gallon average of less than 22 miles per gallon: Law 99–177), as amended, the term ‘‘program, cilitate, or further partisan political activities. Provided, That this section shall not apply to project, and activity’’ shall be synonymous with Nothing herein is intended to prohibit the avail- security, emergency rescue, or armored vehicles. and refer specifically to each account appro- ability of school buildings for the use of any SEC. 120. (a) Notwithstanding section 422(7) of priating Federal funds in this Act, and any se- community or partisan political group during the District of Columbia Self-Government and questration order shall be applied to each of the non-school hours. Governmental Reorganization Act of 1973, ap- accounts rather than to the aggregate total of SEC. 110. The annual budget for the District of proved December 24, 1973 (87 Stat. 790; Public those accounts: Provided, That sequestration or- Columbia government for the fiscal year ending Law 93–198; D.C. Code, sec. 1–242(7)), the City ders shall not be applied to any account that is September 30, 1997, shall be transmitted to the Administrator shall be paid, during any fiscal specifically exempted from sequestration by the Congress no later than April 15, 1996 or as pro- year, a salary at a rate established by the Balanced Budget and Emergency Deficit Con- vided for under the provisions of Public Law Mayor, not to exceed the rate established for trol Act of 1985, approved December 12, 1985 (99 104–8, approved April 17, 1995. level IV of the Executive Schedule under 5 Stat. 1037; Public Law 99–177), as amended. SEC. 111. None of the funds appropriated in U.S.C. 5315. this Act shall be made available to pay the sal- (b) For purposes of applying any provision of SEC. 126. In the event a sequestration order is ary of any employee of the District of Columbia law limiting the availability of funds for pay- issued pursuant to the Balanced Budget and government whose name, title, grade, salary, ment of salary or pay in any fiscal year, the Emergency Deficit Control Act of 1985, approved past work experience, and salary history are not highest rate of pay established by the Mayor December 12, 1985 (99 Stat. 1037: Public Law 99– available for inspection by the House and Sen- under subsection (a) of this section for any posi- 177), as amended, after the amounts appro- ate Committees on Appropriations, the House tion for any period during the last quarter of priated to the District of Columbia for the fiscal Committee on Government Reform and Over- calendar year 1995 shall be deemed to be the rate year involved have been paid to the District of sight, District of Columbia Subcommittee, the of pay payable for that position for September Columbia, the Mayor of the District of Columbia Subcommittee on Oversight of Government Man- 30, 1995. shall pay to the Secretary of the Treasury, with- agement, of the Senate Committee on Govern- (c) Notwithstanding section 4(a) of the Dis- in 15 days after receipt of a request therefor mental Affairs, and the Council of the District trict of Columbia Redevelopment Act of 1945, ap- from the Secretary of the Treasury, such

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00137 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2478 CONGRESSIONAL RECORD — SENATE March 20, 1996 amounts as are sequestered by the order: Pro- pursuant to any provision of this Act otherwise October 1, 1993, and ending September 30, vided, That the sequestration percentage speci- be used to implement or enforce D.C. Act 9–188, 1994.’’. fied in the order shall be applied proportion- signed by the Mayor of the District of Columbia (2) Section 413(c) (D.C. Code, sec. 47–815(c)) is ately to each of the Federal appropriation ac- on April 15, 1992. repealed. counts in this Act that are not specifically ex- COMPENSATION FOR THE COMMISSION ON JUDI- PRISONS INDUSTRIES empted from sequestration by the Balanced CIAL DISABILITIES AND TENURE AND FOR THE SEC. 136. Title 18 U.S.C. 1761(b) is amended by Budget and Emergency Deficit Control Act of JUDICIAL NOMINATION COMMISSION striking the period at the end and inserting the 1985, approved December 12, 1985 (99 Stat. 1037; SEC. 133. Sections 431(f) and 433(b)(5) of the phrase ‘‘or not-for-profit organizations.’’ in its Public Law 99–177), as amended. District of Columbia Self-Government and Gov- place. SEC. 127. For the fiscal year ending September ernmental Reorganization Act, approved Decem- REPORTS ON REDUCTIONS 30, 1996, the District of Columbia shall pay in- ber 24, 1973 (87 Stat. 813; Public Law 93–198; terest on its quarterly payments to the United SEC. 137. Within 120 days of the effective date D.C. Code, secs. 11–1524 and title 11, App. 433), States that are made more than 60 days from the of this Act, the Mayor shall submit to the Con- are amended to read as follows: date of receipt of an itemized statement from the gress and the Council a report delineating the (a) Section 431(f) (D.C. Code, sec. 11–1524) is Federal Bureau of Prisons of amounts due for actions taken by the executive to effect the di- amended to read as follows: housing District of Columbia convicts in Federal rectives of the Council in this Act, including— ‘‘(f) Members of the Tenure Commission shall (1) negotiations with representatives of collec- penitentiaries for the preceding quarter. serve without compensation for services ren- tive bargaining units to reduce employee com- SEC. 128. Nothing in this Act shall be construed to authorize any office, agency or entity dered in connection with their official duties on pensation; (2) actions to restructure existing long-term to expend funds for programs or functions for the Commission.’’. (b) Section 433(b)(5) (title 11, App. 433) is city debt; which a reorganization plan is required but has (3) actions to apportion the spending reduc- not been approved by the Council pursuant to amended to read as follows: ‘‘(5) Members of the Commission shall serve tions anticipated by the directives of this Act to section 422(12) of the District of Columbia Self- without compensation for services rendered in the executive for unallocated reductions; and Government and Governmental Reorganization connection with their official duties on the Com- (4) a list of any position that is backfilled in- Act of 1973, approved December 24, 1973 (87 Stat. mission.’’. cluding description, title, and salary of the posi- 790; Public Law 93–198; D.C. Code, sec. 1– tion. 242(12)) and the Governmental Reorganization MULTIYEAR CONTRACTS MONTHLY REPORTING REQUIREMENTS—BOARD Procedures Act of 1981, effective October 17, 1981 SEC. 134. Section 451 of the District of Colum- OF EDUCATION (D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1– bia Self-Government and Governmental Reorga- 299.7). Appropriations made by this Act for such nization Act of 1973, approved December 24, 1973 SEC. 138. The Board of Education shall submit programs or functions are conditioned on the (87 Stat. 803; Public Law 93–198; D.C. Code, sec. to the Congress, Mayor, and Council of the Dis- approval by the Council, prior to October 1, 1–1130), is amended by adding a new subsection trict of Columbia no later than fifteen (15) cal- 1995, of the required reorganization plans. (c) to read as follows: endar days after the end of each month a report SEC. 129. (a) An entity of the District of Co- ‘‘(c)(1) The District may enter into multiyear that sets forth— (1) current month expenditures and obliga- lumbia government may accept and use a gift or contracts to obtain goods and services for which tions, year-to-date expenditures and obligations, donation during fiscal year 1996 if— funds would otherwise be available for obliga- and total fiscal year expenditure projections vs. (1) the Mayor approves the acceptance and tion only within the fiscal year for which ap- budget broken out on the basis of control center, use of the gift or donation: Provided, That the propriated. responsibility center, agency reporting code, and Council of the District of Columbia may accept ‘‘(2) If the funds are not made available for object class, and for all funds, including capital and use gifts without prior approval by the the continuation of such a contract into a sub- financing; Mayor; and sequent fiscal year, the contract shall be can- (2) a breakdown of FTE positions and staff (2) the entity uses the gift or donation to celled or terminated, and the cost of cancella- for the most current pay period broken out on carry out its authorized functions or duties. tion or termination may be paid from— the basis of control center, responsibility center, (b) Each entity of the District of Columbia ‘‘(A) appropriations originally available for and agency reporting code within each responsi- government shall keep accurate and detailed the performance of the contract concerned; bility center, for all funds, including capital records of the acceptance and use of any gift or ‘‘(B) appropriations currently available for funds; donation under subsection (a) of this section, procurement of the type of acquisition covered and shall make such records available for audit (3) a list of each account for which spending by the contract, and not otherwise obligated; or is frozen and the amount of funds frozen, bro- and public inspection. ‘‘(C) funds appropriated for those payments. (c) For the purposes of this section, the term ken out by control center, responsibility center, ‘‘(3) No contract entered into under this sec- detailed object, and agency reporting code, and ‘‘entity of the District of Columbia government’’ tion shall be valid unless the Mayor submits the includes an independent agency of the District for all funding sources; contract to the Council for its approval and the (4) a list of all active contracts in excess of of Columbia. Council approves the contract (in accordance (d) This section shall not apply to the District $10,000 annually, which contains; the name of with criteria established by act of the Council). each contractor; the budget to which the con- of Columbia Board of Education, which may, The Council shall be required to take affirma- pursuant to the laws and regulations of the Dis- tract is charged broken out on the basis of con- tive action to approve the contract within 45 trol center, responsibility center, and agency re- trict of Columbia, accept and use gifts to the days. If no action is taken to approve the con- public schools without prior approval by the porting code; and contract identifying codes tract within 45 calendar days, the contract shall used by the D.C. Public Schools; payments made Mayor. be deemed disapproved.’’. SEC. 130. None of the Federal funds provided in the last month and year-to-date, the total in this Act may be used by the District of Co- CALCULATED REAL PROPERTY TAX RATE amount of the contract and total payments lumbia to provide for salaries, expenses, or other RESCISSION AND REAL PROPERTY TAX FREEZE made for the contract and any modifications, costs associated with the offices of United States SEC. 135. The District of Columbia Real Prop- extensions, renewals; and specific modifications Senator or United States Representative under erty Tax Revision Act of 1974, approved Sep- made to each contract in the last month; section 4(d) of the District of Columbia State- tember 3, 1974 (88 Stat. 1051; D.C. Code, sec. 47– (5) all reprogramming requests and reports hood Constitutional Convention Initiatives of 801 et seq.), is amended as follows: that are required to be, and have been, sub- 1979, effective March 10, 1981 (D.C. Law 3–171; (1) Section 412 (D.C. Code, sec. 47–812) is mitted to the Board of Education; and (6) changes made in the last month to the or- D.C. Code, sec. 1–113(d)). amended as follows: (A) Subsection (a) is amended by striking the ganizational structure of the D.C. Public PROHIBITION AGAINST USE OF FUNDS FOR Schools, displaying previous and current control ABORTIONS third and fourth sentences and inserting the following sentences in their place: ‘‘If the Council centers and responsibility centers, the names of SEC. 131. None of the funds appropriated does extend the time for establishing the rates of the organizational entities that have been under this Act shall be expended for any abor- taxation on real property, it must establish changed, the name of the staff member super- tion except where the life of the mother would those rates for the tax year by permanent legis- vising each entity affected, and the reasons for be endangered if the fetus were carried to term lation. If the Council does not establish the the structural change. or where the pregnancy is the result of an act rates of taxation of real property by October 15, MONTHLY REPORTING REQUIREMENT of rape or incest. and does not extend the time for establishing UNIVERSITY OF THE DISTRICT OF COLUMBIA PROHIBITION ON DOMESTIC PARTNERS ACT rates, the rates of taxation applied for the prior SEC. 139. The University of the District of Co- SEC. 132. No funds made available pursuant to year shall be the rates of taxation applied dur- lumbia shall submit to the Congress, Mayor, and any provision of this Act shall be used to imple- ing the tax year.’’. Council of the District of Columbia no later ment or enforce any system of registration of (B) A new subsection (a–2) is added to read as than fifteen (15) calendar days after the end of unmarried, cohabiting couples whether they are follows: each month a report that sets forth— homosexual, lesbian, or heterosexual, including ‘‘(a–2) Notwithstanding the provisions of sub- (1) current month expenditures and obliga- but not limited to registration for the purpose of section (a) of this section, the real property tax tions, year-to-date expenditures and obligations, extending employment, health, or governmental rates for taxable real property in the District of and total fiscal year expenditure projections vs. benefits to such couples on the same basis that Columbia for the tax year beginning October 1, budget broken out on the basis of control center, such benefits are extended to legally married 1995, and ending September 30, 1996, shall be the responsibility center, and object class, and for couples; nor shall any funds made available same rates in effect for the tax year beginning all funds, including capital financing;

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00138 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2479 (2) a breakdown of FTE positions and all em- for inclusion in the Mayor’s budget submission rectors, coordinators, instructional supervisors, ployees for the most current pay period broken to the Council of the District of Columbia pursu- and support personnel of the District of Colum- out on the basis of control center and responsi- ant to section 442 of the District of Columbia bia Public Schools.’’. bility center, for all funds, including capital Self-Government and Governmental Reorganiza- (b) Section 801A(b)(2) (D.C. Code, sec. 1– funds; tion Act, Public Law 93–198, as amended (D.C. 609.1(b)(2)) is amended by adding a new sub- (3) a list of each account for which spending Code, sec. 47–301). paragraph (L–i) to read as follows: is frozen and the amount of funds frozen, bro- BUDGET APPROVAL ‘‘(L–i) Notwithstanding any other provision of ken out by control center, responsibility center, law, the Board of Education shall not issue SEC. 142. The Board of Education the Board detailed object, and for all funding sources; rules that require or permit nonschool-based of Trustees of the University of the District of (4) a list of all active contracts in excess of personnel or school administrators to be as- Columbia, the Board of Library Trustees, and $10,000 annually, which contains: the name of signed or reassigned to the same competitive the Board of Governors of the D.C. School of each contractor; the budget to which the con- level as classroom teachers;’’ Law shall vote on and approve their respective tract is charged broken out on the basis of con- (c) Section 2402 (D.C. Code, sec. 1–625.2) is annual or revised budgets before submission to trol center and responsibility center, and con- amended by adding a new subsection (f) to read the Mayor of the District of Columbia for inclu- tract identifying codes used by the University of as follows: sion in the Mayor’s budget submission to the the District of Columbia; payments made in the ‘‘(f) Notwithstanding any other provision of Council of the District of Columbia in accord- last month and year-to-date, the total amount law, the Board of Education shall not require or ance with section 442 of the District of Columbia of the contract and total payments made for the permit nonschool-based personnel or school ad- Self-Government and Governmental Reorganiza- contract and any modifications, extensions, re- ministrators to be assigned or reassigned to the tion Act, Public Law 93–198, as amended (D.C. newals; and specific modifications made to each same competitive level as classroom teachers.’’. Code, sec. 47–301), or before submitting their re- contract in the last month; SEC. 146. (a) Notwithstanding any other provi- (5) all reprogramming requests and reports spective budgets directly to the Council. sion of law, rule, or regulation, an employee of that have been made by the University of the PUBLIC SCHOOL EMPLOYEE EVALUATIONS the District of Columbia Public Schools shall District of Columbia within the last month in SEC. 143. Notwithstanding any other provision be— compliance with applicable law; and of law, rule, or regulation, the evaluation proc- (1) classified as an Educational Service em- (6) changes in the last month to the organiza- ess and instruments for evaluating District of ployee; tional structure of the University of the District Columbia Public Schools employees shall be a (2) placed under the personnel authority of of Columbia, displaying previous and current non-negotiable item for collective bargaining the Board of Education; and control centers and responsibility centers, the purposes. (3) subject to all Board of Education rules. names of the organizational entities that have POSITION VACANCIES (b) School-based personnel shall constitute a been changed, the name of the staff member su- separate competitive area from nonschool-based SEC. 144. (a) No agency, including an inde- pervising each entity affected, and the reasons personnel who shall not compete with school- pendent agency, shall fill a position wholly for the structural change. based personnel for retention purposes. funded by appropriations authorized by this ANNUAL REPORTING REQUIREMENTS SEC. 147. None of the funds provided in this Act, which is vacant on October 1, 1995, or be- Act may be used directly or indirectly for the SEC. 140. (a) The Board of Education of the comes vacant between October 1, 1995, and Sep- renovation of the property located at 227 7th District of Columbia and the University of the tember 30, 1996, unless the Mayor or inde- Street Southeast (commonly known as Eastern District of Columbia shall annually compile an pendent agency submits a proposed resolution of Market), except that funds provided in this Act accurate and verifiable report on the positions intent to fill the vacant position to the Council. may be used for the regular maintenance and and employees in the public school system and The Council shall be required to take affirma- upkeep of the current structure and grounds lo- the university, respectively. The annual report tive action on the Mayor’s resolution within 30 cated at such property. shall set forth— legislative days. If the Council does not affirma- (1) the number of validated schedule A positively approve the resolution within 30 legisla- CAPITAL PROJECT EMPLOYEES tions in the District of Columbia Public Schools tive days, the resolution shall be deemed dis- SEC. 148. (a) Not later than 15 days after the and the University of the District of Columbia approved. end of every fiscal quarter (beginning October 1, for fiscal year 1995, fiscal year 1996, and there- (b) No reduction in the number of full-time 1995), the Mayor shall submit to the Council of after on full-time equivalent basis, including a equivalent positions or reduction-in-force due to the District of Columbia, the District of Colum- compilation of all positions by control center, re- privatization or contracting out shall occur if bia Financial Responsibility and Management sponsibility center, funding source, position the District of Columbia Financial Responsi- Assistance Authority, and the Committees on type, position title, pay plan, grade, and annual bility and Management Assistance Authority, Appropriations of the House of Representatives salary; and established by section 101(a) of the District of and the Senate a report with respect to the em- (2) a compilation of all employees in the Dis- Columbia Financial Responsibility and Manage- ployees on the capital project budget for the pre- trict of Columbia Public Schools and the Univer- ment Assistance Act of 1995, approved April 17, vious quarter. sity of the District of Columbia as of the pre- 1995 (109 Stat. 97; Public Law 104–8), disallows (b) Each report submitted pursuant to sub- ceding December 31, verified as to its accuracy the full-time equivalent position reduction pro- section (a) of this section shall include the fol- in accordance with the functions that each em- vided in this act in meeting the maximum ceiling lowing information— ployee actually performs, by control center, re- of 35,984 for the fiscal year ending September 30, (1) a list of all employees by position, title, sponsibility center, agency reporting code, pro- 1996. grade and step; gram (including funding source), activity, loca- (c) This section shall not prohibit the appro- (2) a job description, including the capital tion for accounting purposes, job title, grade priate personnel authority from filling a vacant project for which each employee is working; and classification, annual salary, and position position with a District government employee (3) the date that each employee began work- control number. currently occupying a position that is funded ing on the capital project and the ending date (b) The annual report required by subsection with appropriated funds. that each employee completed or is projected to (a) of this section shall be submitted to the Con- (d) This section shall not apply to local complete work on the capital project; and gress, the Mayor and Council of the District of school-based teachers, school-based officers, or (4) a detailed explanation justifying why each Columbia, by not later than February 8 of each school-based teachers’ aides; or court personnel employee is being paid with capital funds. year. covered by title 11 of the D.C. Code, except MODIFICATION OF REDUCTION-IN-FORCE ANNUAL BUDGETS AND BUDGET REVISIONS chapter 23. PROCEDURES SEC. 141. (a) Not later than October 1, 1995, or MODIFICATIONS OF BOARD OF EDUCATION SEC. 149. The District of Columbia Govern- within 15 calendar days after the date of the en- REDUCTION-IN-FORCE PROCEDURES ment Comprehensive Merit Personnel Act of actment of the District of Columbia Appropria- SEC. 145. The District of Columbia Govern- 1978, effective March 3, 1979 (D.C. Law 2–139; tions Act, 1996, whichever occurs later, and each ment Comprehensive Merit Personnel Act of D.C. Code, sec. 1–601.1 et seq.), is amended as succeeding year, the Board of Education and 1978, effective March 3, 1979 (D.C. Law 2–139; follows: the University of the District of Columbia shall D.C. Code, sec. 1–601.1 et seq.), is amended as (a) Section 2401 (D.C. Code, sec. 1–625.1) is submit to the Congress, the Mayor, and Council follows: amended by amending the third sentence to read of the District of Columbia, a revised appro- (a) Section 301 (D.C. Code, sec. 1–603.1) is as follows: ‘‘A personnel authority may estab- priated funds operating budget for the public amended as follows: lish lesser competitive areas within an agency school system and the University of the District (1) A new paragraph (13A) is added to read as on the basis of all or a clearly identifiable seg- of Columbia for such fiscal year that is in the follows: ment of an agency’s mission or a division or total amount of the approved appropriation and ‘‘(13A) ‘Nonschool-based personnel’ means major subdivision of an agency.’’. that realigns budgeted data for personal services any employee of the District of Columbia Public (b) A new section 2406 is added to read as fol- and other-than-personal services, respectively, Schools who is not based at a local school or lows: with anticipated actual expenditures. who does not provide direct services to indi- ‘‘SEC. 2406. Abolishment of positions for Fiscal (b) The revised budget required by subsection vidual students.’’. Year 1996. (a) of this section shall be submitted in the for- (2) A new paragraph (15A) is added to read as ‘‘(a) Notwithstanding any other provision of mat of the budget that the Board of Education follows: law, regulation, or collective bargaining agree- and the University of the District of Columbia ‘‘(15A) ‘School administrators’ means prin- ment either in effect or to be negotiated while submit to the Mayor of the District of Columbia cipals, assistant principals, school program di- this legislation is in effect for the fiscal year

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00139 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2480 CONGRESSIONAL RECORD — SENATE March 20, 1996 ending September 30, 1996, each agency head is this Act for operating expenses for the District (3) The plan shall include a description of any authorized, within the agency head’s discretion, of Columbia for fiscal year 1996 under the cap- legislation required to implenent the plan. to identify positions for abolishment. tion ‘‘Division of Expenses’’ shall not exceed (4) The plan shall include an implementation ‘‘(b) Prior to February 1, 1996, each personnel $4,994,000,000 of which $165,339,000 shall be from schedule, together with specific performance authority shall make a final determination that intra-District funds. measures and timelines to determine the extent a position within the personnel authority is to (b) ACCEPTANCE AND USE OF GRANTS NOT IN- to which the District is meeting the schedule be abolished. CLUDED IN CEILING.— during the transition period. ‘‘(c) Notwithstanding any rights or procedures (1) IN GENERAL.—Notwithstanding subsection (5) Under the plan, the Mayor of the District established by any other provision of this title, (a), the Mayor of the District of Columbia may of Columbia shall submit a semi-annual report any District government employee, regardless of accept, obligate, and expend Federal, private, to the President, Congress, and the District of date of hire, who encumbers a position identi- and other grants received by the District govern- Columbia Financial Responsibility and Manage- fied for abolishment shall be separated without ment that are not reflected in the amounts ap- ment Assistance Authority describing the ac- competition or assignment rights, except as pro- propriated in this Act. tions taken by the District under the plan, and vided in this section. (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER in addition shall regularly report to the Presi- ‘‘(d) An employee affected by the abolishment REPORT AND FINANCIAL RESPONSIBILITY AND dent, Congress, and the District of Columbia Fi- of a position pursuant to this section who, but MANAGEMENT ASSISTANCE AUTHORITY AP- nancial Responsibility and Management Assist- for this section would be entitled to compete for PROVAL.—No such Federal, private, or other ance Authority on all significant measures retention, shall be entitled to 1 round of lateral grant may be accepted, obligated, or expended taken under the plan as soon as such measures competition pursuant to Chapter 24 of the Dis- pursuant to paragraph (1) until— are taken. trict of Columbia Personnel Manual, which (A) the Chief Financial Officer of the District (6) For each of the years during which the shall be limited to positions in the employee’s submits to the District of Columbia Financial plan is in effect, the plan shall be consistent competitive level. Responsibility and Management Assistance Au- with the financial plan and budget for the Dis- trict of Columbia for the year under subtitle A ‘‘(e) Each employee who is a bona fide resi- thority established by Public Law 104–8 (109 of title II of the District of Columbia Financial dent of the District of Columbia shall have Stat. 97) a report setting forth detailed informa- Responsibility and Management Assistance Act added 5 years to his or her creditable service for tion regarding such grant; and of 1995. reduction-in-force purposes. For purposes of (B) the District of Columbia Financial Re- (c) SUBMISSION OF PLAN.—Upon completing this subsection only, a nonresident District em- sponsibility and Management Assistance Au- the development of the plans under subsection ployee who was hired by the District govern- thority has reviewed and approved the accept- (a), the District of Columbia shall submit the ment prior to January 1, 1980, and has not had ance, obligation, and expenditure of such grant plans to the President, Congress, and the Dis- a break in service since that date, or a former in accordance with review and approval proce- trict of Columbia Financial Responsibility and employee of the U.S. Department of Health and dures consistent with the provisions of Public Management Assistance Authority. Human Services at Saint Elizabeths Hospital Law 104–8. PROHIBITION AGAINST ADOPTION BY UNMARRIED who accepted employment with the District gov- (3) PROHIBITION ON SPENDING IN ANTICIPATION COUPLES ernment on October 1, 1987, and has not had a OF APPROVAL OR RECEIPT.—No amount may be break in service since that date, shall be consid- obligated or expended from the general fund or SEC. 152. (a) IN GENERAL.—Section 16–302, ered a District resident. other funds of the District government in antici- D.C. Code, is amended— (1) by striking ‘‘Any person’’ and inserting ‘‘(f) Each employee selected for separation pation of the approval or receipt of a grant ‘‘(a) Subject to subsection (b), any person’’; and pursuant to this section shall be given written under paragraph (2)(B) or in anticipation of the notice of at least 30 days before the effective (2) by adding at the end the following sub- approval or receipt of a Federal, private, or section: date of his or her separation. other grant not subject to such paragraph. ‘‘(b)(1) Except as provided in paragraph (2), ‘‘(g) Neither the establishment of a competitive (4) MONTHLY REPORTS.—The Chief Financial no person may join in a petition under this sec- area smaller than an agency, nor the determina- Officer of the District shall prepare a monthly tion unless the person is the spouse of the petition that a specific position is to be abolished, report setting forth detailed information regard- tioner. nor separation pursuant to his section shall be ing all Federal, private, and other grants sub- ‘‘(2) An unmarried person may file a petition subject to review except as follows— ject to this subsection. Each such report shall be for adoption where no other person joins in the ‘‘(1) an employee may file a complaint con- submitted to the Council of the District of Co- petition or where the co-petitioner is the natural testing a determination or a separation pursu- lumbia, and to the Committees on Appropria- parent of the child.’’. ant to title XV of this Act or section 303 of the tions of the House of Representatives and the TECHNICAL CORRECTIONS TO FINANCIAL RESPON- Human Rights Act of 1977, effective December Senate, not later than 15 days after the end of SIBILITY AND MANAGEMENT ASSISTANCE ACT 13, 1977 (D.C. Law 2–38; D.C. Code, sec. 1–2543); the month covered by the report. and SEC. 153. (a) REQUIRING GSA TO PROVIDE PLANS FOR LORTON CORRECTIONAL COMPLEX ‘‘(2) an employee may file with the Office of SUPPORT SERVICES.—Section 103(f) of the Dis- Employee Appeals an appeal contesting that the SEC. 151. (a) DEVELOPMENT OF PLANS.—Not trict of Columbia Financial Responsibility and separation procedures of subsections (d) and (f) later than March 15, 1996, the District of Colum- Management Assistance Act of 1995 is amended of this section were not properly applied. bia shall develop a series of alternative plans by striking ‘‘may provide’’ and inserting ‘‘shall ‘‘(h) An employee separated pursuant to this meeting the requirements of subsection (b) for promptly provide’’. section shall be entitled to severance pay in ac- the use and operation of the Lorton Correc- (b) AVAILABILITY OF CERTAIN FEDERAL BENE- cordance with title XI of this Act, except that tional Complex (hereafter in this section referred FITS FOR INDIVIDUALS WHO BECOME EMPLOYED the following shall be included in computing to as the ‘‘Complex’’), including— BY THE AUTHORITY.— (1) FORMER FEDERAL EMPLOYEES.—Subsection creditable service for severance pay for employ- (1) a plan under which the Complex will be (e) of section 102 of such Act is amended to read ees separated pursuant to this section— closed; as follows: ‘‘(1) four years for an employee who qualified (2) a plan under which the Complex will re- ‘‘(e) PRESERVATION OF RETIREMENT AND CER- for veteran’s preference under this act, and main in operation under the management of the TAIN OTHER RIGHTS OF FEDERAL EMPLOYEES ‘‘(2) three years for an employee who qualified District of Columbia subject to such modifica- WHO BECOME EMPLOYED BY THE AUTHORITY.— tions as the District considers appropriate; for residency preference under this Act. ‘‘(1) IN GENERAL.—Any Federal employee who (3) a plan under which the Complex will be ‘‘(i) Separation pursuant to this section shall becomes employed by the Authority— not affect an employee’s rights under either the operated under the management of the Federal ‘‘(A) may elect, for the purposes set forth in Agency Reemployment Priority Program or the government; paragraph (2)(A), to be treated, for so long as Displaced Employee Program established pursu- (4) a plan under which the Complex will be that individual remains continuously employed ant to Chapter 24 of the District Personnel Man- operated under private management; and by the Authority, as if such individual had not ual. (5) such other plans as the District of Colum- separated from service with the Federal Govern- ‘‘(j) The Mayor shall submit to the Council a bia considers appropriate. ment, subject to paragraph (3); and listing of all positions to be abolished by agency (b) REQUIREMENTS FOR PLANS.—Each of the ‘‘(B) shall, if such employee subsequently be- and responsibility center by March 1, 1996, or plans developed by the District of Columbia comes reemployed by the Federal Government, upon the delivery of termination notices to indi- under subsection (a) shall meet the following re- be entitled to have such individual’s service vidual employees. quirements: with the Authority treated, for purposes of de- ‘‘(k) Notwithstanding the provisions of section (1) The plan shall provide for an appropriate termining the appropriate leave accrual rate, as 1708 or section 2402(d), the provisions of this act transition period not to exceed 5 years in length. if it had been service with the Federal Govern- shall not be deemed negotiable. (2) The plan shall include provisions speci- ment. ‘‘(l) A personnel authority shall cause a 30- fying how and to what extent the District will ‘‘(2) EFFECT OF AN ELECTION.—An election day termination notice to be served, no later utilize alternative management, including the made by an individual under the provisions of than September 1, 1996, on any incumbent em- private sector, for the operation of correctional paragraph (1)(A)— ployee remaining in any position identified to be facilities for the District, and shall include pro- ‘‘(A) shall qualify such individual for the abolished pursuant to subsection (b) of this sec- visions describing the treatment under such al- treatment describe in such provisions for pur- tion’’. ternative management (including under con- poses of— Sec. 150. (a) CEILING ON TOTAL OPERATING tracts) of site selection, design, financing, con- ‘‘(i) chapter 83 or 84 of title 5, United States EXPENSES.—Notwithstanding any other provi- struction, and operation of correctional facilities Code, as appropriate (relating to retirement), in- sion of law, the total amount appropriated in for the District. cluding the Thrift Savings Plan;

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00140 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2481 ‘‘(ii) chapter 87 of such title (relating to life shall be prescribed in consultation with the Au- prise Fund the Operation and Maintenance Ac- insurance); and thority (and take effect)— count, consisting of all fund paid to the District ‘‘(iii) chapter 89 of such title (relating to (i) regulations to carry out the amendments of Columbia on or after the date of the enact- health insurance); and made by this subsection; and ment of this Act which are— ‘‘(B) shall disqualify such individual, while (ii) any other regulations necessary to carry (A) attributable to waste water treatment user such election remains in effect, from partici- out this subsection. charges; pating in the programs offered by the govern- (B) Additional election for former federal em- (B) paid by users jurisdictions for the oper- ment of the District of Columbia (if any) cor- ployees serving on date of enactment.— ation and maintenance of the Blue Plains responding to the respective programs referred (i) IN GENERAL.—Any former Federal employee Wastewater Treatment Facility and related to in subparagraph (A). employed by the Authority on the effective date waste water treatment works; or ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF- of the regulations referred to in subparagraph (C) appropriated or otherwise provided for the FECTIVE.—An election made by an individual (A)(i) may, within such period as may be pro- operation and maintenance of the Blue Plains under paragraph (1)(A) shall be ineffective un- vided for under those regulations, make an elec- Wastewater Treatment Facility and related less— tion similar, to the maximum extent practicable, waste water treatment works. ‘‘(A) it is made before such individual sepa- to the election provided for under section 102(e) (2) USE OF FUNDS IN ACCOUNT.—Funds in the rates from service with the Federal Government; of the District of Columbia Financial Responsi- Operation and Maintenance Account shall be and bility and Management Assistance Act of 1995, used solely for funding the operation and main- ‘‘(B) such individual’s service with the Au- as amended by this subsection. Such regulations tenance of the Blue Plains Wastewater Treat- thority commences within 3 days after so sepa- shall be prescribed jointly by the Office of Per- ment Facility and related waste water treatment rating (not counting any holiday observed by sonnel Management and each corresponding of- works and may not be obligated or expended for the government of the District of Columbia). fice or agency of the government of the District any other purpose, and may be used for related ‘‘(4) CONTRIBUTIONS.—If an individual makes of Columbia (in the same manner as provided debt service and capital costs if such funds are an election under paragraph (1)(A), the Author- for in section 102(f) of such Act, as so amended). not attributable to user charges assessed for ity shall, in accordance with applicable provi- (ii) EXCEPTION.—An election under this sub- purposes of section 204(b)(1) of the Federal sions of law referred to in paragraph (2)(A), be paragraph may not be made by any individual Water Pollution Control Act. responsible for making the same deductions from who— (b) EPA GRANT ACCOUNT.— pay and the same agency contributions as (I) is not then participating in a retirement (1) CONTENTS OF ACCOUNT.—There is hereby would be required if it were a Federal agency. system for Federal employees (disregarding So- established within the Water and Sewer Enter- ‘‘(5) REGULATIONS.—Any regulations nec- cial Security); or prise Fund and EPA Grant Account, consisting essary to carry out this subsection shall be pre- (II) is then participating in any program of of all funds paid to the District of Columbia on scribed in consultation with the Authority by— the government of the District of Columbia re- or after the date of the enactment of this Act ‘‘(A) the Office of Personnel Management, to ferred to in section 102(e)(2)(B) of such Act (as which are— the extent that any program administered by the so amended). (A) attributable to grants from the Environ- office is involved; (C) ELECTION FOR EMPLOYEES APPOINTED DUR- mental Protection Agency for construction at ‘‘(B) the appropriate office or agency of the ING INTERIM PERIOD.— the Blue Plains Wastewater Treatment Facility government of the District of Columbia, to the (i) FROM THE FEDERAL GOVERNMENT.—Sub- and related waste water treatment works; or extent that any program administered by such section (e) of section 102 of the District of Co- (B) appropriated or otherwise provided for office or agency is involved; and lumbia Financial Responsibility and Manage- construction at the Blue Plains Wastewater ‘‘(C) the Executive Director referred to in sec- ment Assistance Act of 1995 (as last in effect be- Treatment Facility and related waste water tion 8474 of title 5, United States Code, to the fore the date of enactment of this Act) shall be treatment works. extent that the Thrift Savings Plan is in- deemed to have remained in effect for purposes (2) USE OF FUNDS IN ACCOUNT.—Funds in the volved.’’. of any Federal employee who becomes employed EPA Grant Account shall be used solely for the (2) OTHER INDIVIDUALS.—Section 102 of such by the District of Columbia Financial Responsi- purposes specified under the terms of the grants Act is further amended by adding at the end the bility and Management Assistance Authority and appropriations involved, and may not be following: during the period beginning on such date of en- obligated or expended for any other purpose. ‘‘(f) FEDERAL BENEFITS FOR OTHERS.— actment and ending on the day before the effec- SEC. 155. (a) Up to 50 police officers and up to ‘‘(1) IN GENERAL.—The Office of Personnel tive date of the regulations prescribed to carry 50 Fire and Emergency Medical Services mem- Management, in conjunction with each cor- bers who were hired before February 14, 1980, responding office or agency of the government out subparagraph (B). (ii) OTHER INDIVIDUALS.—The regulations pre- and who retire on disability before the end of of the District of Columbia and in consultation scribed to carry out subsection (f) of section 102 calendar year 1996 shall be excluded from the with the Authority, shall prescribe regulations of the District of Columbia Financial Responsi- computation of the rate of disability retirements under which any individual who becomes em- bility and Management Assistance Act of 1995 under subsection 145(a) of the District of Colum- ployed by the Authority (under circumstances (as amended by this subsection) shall include bia Retirement Reform Act of 1979 (93 Stat. 882; other than as described in subsection (e)) may provisions under which an election under such D.C. Code, sec. 1–725(a)), for purposes of reduc- elect either— subsection shall be available to any individual ing the authorized Federal payment to the Dis- (A) to be deemed a Federal employee for pur- trict of Columbia Police Offices and Fire Fight- poses of the programs referred to in subsection who— (I) becomes employed by the District of Colum- ers’ Retirement Fund pursuant to subsection (e)(2)(A) (i)–(iii); or 145(c) of the District of Columbia Retirement Re- ‘‘(B) to participate in 1 or more of the cor- bia Financial Responsibility and Management form Act of 1979. responding programs offered by the government Assistance Authority during the period beginning on the date of enactment of this Act and (b) The Mayor, within 30 days after the enact- of the District of Columbia. ment of this provision, shall engage an enrolled ‘‘(2) EFFECT OF AN ELECTION.—An individual ending on the day before the effective date of actuary, to be paid by the District of Columbia who elects the option under subparagraph (A) such regulations; Retirement Board, and shall comply with the re- or (B) of paragraph (1) shall be disqualified, (II) would have been eligible to make an elec- quirements of section 142(d) and section 144(d) while such election remains in effect, from par- tion under such regulations had those regula- of the District of Columbia Retirement Reform ticipating in any of the programs referred to in tions been in effect when such individual be- Act of 1979 (Public Law 96–122, approved No- the other such subparagraph. came so employed; and vember 17, 1979; D.C. Code, secs. 1–722(d) and 1– ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE (III) is not then participating in any program 724(d)). OR AGENCY’.—For purposes of paragraph (1), the of the government of the District of Columbia re- This title may be cited as the ‘‘District of Co- term ‘corresponding office or agency of the gov- ferred to in subsection (f)(1)(B) of such section lumbia Appropriations Act, 1996’’. ernment of the District of Columbia’ means, 102 (as so amended). with respect to any program administered by the (c) EXEMPTION FROM LIABILITY FOR CLAIMS TITLE II—DISTRICT OF COLUMBIA Office of Personnel Management, the office or FOR AUTHORITY EMPLOYEES.—Section 104 of SCHOOL REFORM agency responsible for administering the cor- such Act is amended— SEC. 2001. SHORT TITLE. (1) by striking ‘‘the Authority and its mem- responding program (if any) offered by the gov- This title may be cited as the ‘‘District of Co- bers’’ and inserting ‘‘the Authority, its members, ernment of the District of Columbia. lumbia School Reform Act of 1995’’. and its employees’’; and ‘‘(4) THRIFT SAVINGS PLAN.—To the extent SEC. 2002. DEFINITIONS. (2) by striking ‘‘the District of Columbia’’ and that the Thrift Savings Plan is involved, the Except as otherwise provided, for purposes of inserting ‘‘the Authority or its members or em- preceding provisions of this subsection shall be this title: ployees or the District of Columbia’’. applied by substituting ‘the Executive Director (1) APPROPRIATE CONGRESSIONAL COMMIT- (d) PERMITTING REVIEW OF EMERGENCY LEGIS- referred to in section 8474 of title 5, United TEES.—The term ‘‘appropriate congressional LATION.—Section 203(a)(3) of such Act is amend- States Code’ for ‘the Office of Personnel Man- committees’’ means— ed by striking subparagraph (C). agement’.’’. (A) the Committee on Appropriations of the (3) Effective date; additional election for ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR House of Representatives and the Committee on former federal employees serving on date of en- BLUE PLAINS ACTIVITIES Appropriations of the Senate; actment; election for employees appointed dur- SEC. 154. (a) OPERATION AND MAINTENANCE (B) the Committee on Economic and Edu- ing interim period.— ACCOUNT.— cational Opportunities of the House of Rep- (A) EFFECTIVE DATE.—Not later than 6 months (1) CONTENTS OF ACCOUNT.—There is hereby resentatives and the Committee on Labor and after the date of enactment of this Act, there established within the Water and Sewer Enter- Human Resources of the Senate; and

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(C) the Committee on Government Reform and (i) at any of the grade levels from prekinder- (19) INDIVIDUAL CAREER PATH.—The term ‘‘in- Oversight of the House of Representatives and garten through grade 12; or dividual career path’’ means a program of study the Committee on Governmental Affairs of the (ii) leading to a secondary school diploma, or that provides a secondary school student the Senate. its recognized equivalent. skills necessary to compete in the 21st century (2) AUTHORITY.—The term ‘‘Authority’’ means (B) EXCEPTION.—The term ‘‘District of Colum- workforce. the District of Columbia Financial Responsi- bia public school’’ does not include a public (20) LITERACY.—The term ‘‘literacy’’ means— bility and Management Assistance Authority es- charter school. (A) in the case of a minor student, such stu- tablished under section 101(a) of the District of (13) DISTRICTWIDE ASSESSMENTS.—The term dent’s ability to read, write, and speak in Columbia Financial Responsibility and Manage- ‘‘districtwide assessments’’ means a variety of English, and compute and solve problems at lev- ment Assistance Act of 1995 (Public Law 104–8). assessment tools and strategies (including indi- els of proficiency necessary to function in soci- (3) AVERAGE DAILY ATTENDANCE.—The term vidual student assessments under subparagraph ety, to achieve such student’s goals, and develop ‘‘average daily attendance’’ means the aggre- (E)(ii)) administered by the Superintendent to such student’s knowledge and potential; and gate attendance of students of the school during students enrolled in District of Columbia public (B) in the case of an adult, such adult’s abil- the period divided by the number of days during schools and public charter schools that— ity to read, write, and speak in English, and the period in which— (A) are aligned with the District of Columbia’s compute and solve problems at levels of pro- (A) the school is in session; and content standards and core curriculum; ficiency necessary to function on the job and in (B) the students of the school are under the (B) provide coherent information about stu- society, to achieve such adult’s goals, and de- guidance and direction of teachers. dent attainment of such standards; velop such adult’s knowledge and potential. (4) AVERAGE DAILY MEMBERSHIP.—The term (C) are used for purposes for which such as- (21) LONG-TERM REFORM PLAN.—The term ‘‘average daily membership’’ means the aggre- sessments are valid, reliable, and unbiased, and ‘‘long-term reform plan’’ means the plan sub- gate enrollment of students of the school during are consistent with relevant nationally recog- mitted by the Superintendent under section 2101. the period divided by the number of days during nized professional and technical standards for (22) MAYOR.—The term ‘‘Mayor’’ means the the period in which— such assessments; Mayor of the District of Columbia. (D) involve multiple up-to-date measures of (A) the school is in session; and (23) METROBUS AND METRORAIL TRANSIT SYS- student performance, including measures that (B) the students of the school are under the TEM.—The term ‘‘Metrobus and Metrorail Tran- guidance and direction of teachers. assess higher order thinking skills and under- sit System’’ means the bus and rail systems ad- (5) BOARD OF EDUCATION.—The term ‘‘Board standing; and ministered by the Washington Metropolitan (E) provide for— of Education’’ means the Board of Education of Area Transit Authority. (i) the participation in such assessments of all the District of Columbia. (24) MINOR STUDENT.—The term ‘‘minor stu- (6) BOARD OF TRUSTEES.—The term ‘‘Board of students; (ii) individual student assessments for student’’ means an individual who— Trustees’’ means the governing board of a public (A) is enrolled in a District of Columbia public dents that fail to reach minimum acceptable lev- charter school, the members of which are se- school or a public charter school; and lected pursuant to the charter granted to the els of performance; (iii) the reasonable adaptations and accom- (B) is not beyond the age of compulsory school school and in a manner consistent with this attendance, as prescribed in section 1 of article title. modations for students with special needs (as defined in paragraph (32)) necessary to measure I, and section 1 of article II, of the Act of Feb- (7) CONSENSUS COMMISSION.—The term ‘‘Con- ruary 4, 1925 (sections 31–401 and 31–402, D.C. sensus Commission’’ means the Commission on the achievement of such students relative to the District of Columbia’s content standards; and Code). Consensus Reform in the District of Columbia (25) NONRESIDENT STUDENT.—The term ‘‘nonpublic schools established under subtitle L. (iv) the inclusion of limited-English proficient students, who shall be assessed, to the extent resident student’’ means— (8) CORE CURRICULUM.—The term ‘‘core cur- (A) an individual under the age of 18 who is riculum’’ means the concepts, factual knowl- practicable, in the language and form most likely to yield accurate and reliable information re- enrolled in a District of Columbia public school edge, and skills that students in the District of or a public charter school, and does not have a Columbia should learn in kindergarten through garding such students’ knowledge and abilities. (14) ELECTRONIC DATA TRANSFER SYSTEM.— parent residing in the District of Columbia; or grade 12 in academic content areas, including, (B) an individual who is age 18 or older and at a minimum, English, mathematics, science, The term ‘‘electronic data transfer system’’ means a computer-based process for the mainte- is enrolled in a District of Columbia public and history. school or public charter school, and does not re- (9) DISTRICT OF COLUMBIA COUNCIL.—The term nance and transfer of student records designed side in the District of Columbia. ‘‘District of Columbia Council’’ means the to permit the transfer of individual student (26) PARENT.—The term ‘‘parent’’ means a Council of the District of Columbia established records among District of Columbia public person who has custody of a child, and who— pursuant to section 401 of the District of Colum- schools and public charter schools. (15) ELEMENTARY SCHOOL.—The term ‘‘elemen- (A) is a natural parent of the child; bia Self-Government and Governmental Reorga- (B) is a stepparent of the child; nization Act (D.C. Code, sec. 1–221). tary school’’ means an institutional day or residential school that provides elementary edu- (C) has adopted the child; or (10) DISTRICT OF COLUMBIA GOVERNMENT.— (D) is appointed as a guardian for the child (A) IN GENERAL.—The term ‘‘District of Co- cation, as determined under District of Colum- by a court of competent jurisdiction. lumbia Government’’ means the government of bia law. (27) PETITION.—The term ‘‘petition’’ means a the District of Columbia, including— (16) ELIGIBLE APPLICANT.—The term ‘‘eligible written application. (i) any department, agency, or instrumen- applicant’’ means a person, including a private, (28) PROMOTION GATE.—The term ‘‘promotion tality of the government of the District of Co- public, or quasi-public entity, or an institution gate’’ means the criteria, developed by the Su- lumbia; of higher education (as defined in section (ii) any independent agency of the District of 1201(a) of the Higher Education Act of 1965 (20 perintendent and approved by the Board of Columbia established under part F of title IV of U.S.C. 1141(a))), that seeks to establish a public Education, that are used to determine student the District of Columbia Self-Government and charter school in the District of Columbia. promotion at different grade levels. Such criteria Governmental Reorganization Act; (17) ELIGIBLE CHARTERING AUTHORITY.—The shall include student achievement on district- (iii) any other agency, board, or commission term ‘‘eligible chartering authority’’ means any wide assessments established under subtitle D. established by the Mayor or the District of Co- of the following: (29) PUBLIC CHARTER SCHOOL.—The term lumbia Council; (A) The Board of Education. ‘‘public charter school’’ means a publicly fund- (iv) the courts of the District of Columbia; (B) The Public Charter School Board. ed school in the District of Columbia that— (v) the District of Columbia Council; and (C) Any one entity designated as an eligible (A) is established pursuant to subtitle B; and (vi) any other agency, public authority, or chartering authority by enactment of a bill by (B) except as provided under sections public nonprofit corporation that has the au- the District of Columbia Council after the date 2212(d)(5) and 2213(c)(5) is not a part of the Dis- thority to receive moneys directly or indirectly of the enactment of this Act. trict of Columbia public schools. from the District of Columbia (other than mon- (18) FAMILY RESOURCE CENTER.—The term (30) PUBLIC CHARTER SCHOOL BOARD.—The eys received from the sale of goods, the provision ‘‘family resource center’’ means an information term ‘‘Public Charter School Board’’ means the of services, or the loaning of funds to the Dis- desk— Public Charter School Board established under trict of Columbia). (A) located in a District of Columbia public section 2214. (B) EXCEPTION.—The term ‘‘District of Colum- school or a public charter school serving a ma- (31) SECONDARY SCHOOL.—The term ‘‘sec- bia Government’’ neither includes the Authority jority of students whose family income is not ondary school’’ means an institutional day or nor a public charter school. greater than 185 percent of the income official residential school that provides secondary edu- (11) DISTRICT OF COLUMBIA GOVERNMENT RE- poverty line (as defined by the Office of Man- cation, as determined by District of Columbia TIREMENT SYSTEM.—The term ‘‘District of Co- agement and Budget, and revised annually in law, except that such term does not include any lumbia Government retirement system’’ means accordance with section 673(2) of the Commu- education beyond grade 12. the retirement programs authorized by the Dis- nity Services Block Grant Act applicable to a (32) STUDENT WITH SPECIAL NEEDS.—The term trict of Columbia Council or the Congress for family of the size involved (42 U.S.C. 9902(3))); ‘‘student with special needs’’ means a student employees of the District of Columbia Govern- and who is a child with a disability as provided in ment. (B) which links students and families to local section 602(a)(1) of the Individuals with Disabil- (12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.— resources and public and private entities in- ities Education Act (20 U.S.C. 1401(a)(1)) or a (A) IN GENERAL.—The term ‘‘District of Co- volved in child care, adult education, health student who is an individual with a disability as lumbia public school’’ means a public school in and social services, tutoring, mentoring, and job provided in section 7(8) of the Rehabilitation the District of Columbia that offers classes— training. Act of 1973 (29 U.S.C. 706(8)).

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(33) SUPERINTENDENT.—The term ‘‘Super- (H) The establishment of after-school pro- (E) the title of the management employee of intendent’’ means the Superintendent of the grams that promote self-confidence, self-dis- the District of Columbia public schools most di- District of Columbia public schools. cipline, self-respect, good citizenship, and re- rectly responsible for the achievement of each (34) TEACHER.—The term ‘‘teacher’’ means spect for leaders, through such activities as arts goal and, with respect to each such employee, any person employed as a teacher by the Board classes, physical fitness programs, and commu- the title of the employee’s immediate supervisor of Education or by a public charter school. nity service. or superior. SEC. 2003. GENERAL EFFECTIVE DATE. (I) Steps necessary to establish an electronic (c) AMENDMENTS.—The Superintendent, with Except as otherwise provided in this title, this data transfer system. the approval of the Board of Education, shall title shall be effective during the period begin- (J) Encourage parental involvement in all submit any amendment to the long-term reform ning on the date of enactment of this Act and school activities, particularly parent teacher plan to the Mayor, the District of Columbia ending 5 years after such date. conferences. Council, the Authority, the Consensus Commis- (K) Development and implementation, sion, and the appropriate congressional commit- Subtitle A—District of Columbia Reform Plan through the Board of Education and the Super- tees. Any amendment to the long-term reform SEC. 2101. LONG-TERM REFORM PLAN. intendent, of a uniform dress code for the Dis- plan shall be consistent with the financial plan (a) IN GENERAL.— trict of Columbia public schools, that— and budget for fiscal year 1996, and each finan- (1) PLAN.—The Superintendent, with the ap- (i) shall include a prohibition of gang member- cial plan and budget for a subsequent fiscal proval of the Board of Education, shall submit ship symbols; year, as the case may be, for the District of Co- to the Mayor, the District of Columbia Council, (ii) shall take into account the relative costs lumbia required under section 201 of the District the Authority, the Consensus Commission, and of any such code for each student; and of Columbia Financial Responsibility and Man- (iii) may include a requirement that students the appropriate congressional committees, a agement Assistance Act of 1995. long-term reform plan, not later than 90 days wear uniforms. Subtitle B—Public Charter Schools after the date of enactment of this Act, and (L) The establishment of classes, beginning each February 15 thereafter. The long-term re- not later than grade 3, to teach students how to SEC. 2201. PROCESS FOR FILING CHARTER PETI- form plan shall be consistent with the financial use computers effectively. TIONS. plan and budget for the District of Columbia for (M) The development of community schools (a) EXISTING PUBLIC SCHOOL.—An eligible ap- fiscal year 1996, and each financial plan and that enable District of Columbia public schools plicant seeking to convert a District of Columbia budget for a subsequent fiscal year, as the case to collaborate with other public and nonprofit public school into a public charter school— (1) shall prepare a petition to establish a pub- may be, required under section 201 of the Dis- agencies and organizations, local businesses, lic charter school that meets the requirements of trict of Columbia Financial Responsibility and recreational, cultural, and other community and section 2202; Management Assistance Act of 1995. human service entities, for the purpose of meet- (2) shall provide a copy of the petition to— (2) CONSULTATION.— ing the needs and expanding the opportunities (A) the parents of minor students attending (A) IN GENERAL.—In developing the long-term available to residents of the communities served the existing school; reform plan, the Superintendent— by such schools. (B) adult students attending the existing (i) shall consult with the Board of Education, (N) The establishment of programs which provide counseling, mentoring (especially peer men- school; and the Mayor, the District of Columbia Council, the (C) employees of the existing school; and Authority, and the Consensus Commission; and toring), academic support, outreach, and supportive services to elementary, middle, and sec- (3) shall file the petition with an eligible char- (ii) shall afford the public, interested organi- tering authority for approval after the peti- zations, and groups an opportunity to present ondary school students who are at risk of drop- ping out of school. tion— their views and make recommendations regard- (A) is signed by two-thirds of the sum of— ing the long-term reform plan. (O) The establishment of a comprehensive remedial education program to assist students who (i) the total number of parents of minor stu- (B) SUMMARY OF RECOMMENDATIONS.—The dents attending the school; and Superintendent shall include in the long-term do not meet basic literacy standards, or the criteria of promotion gates established in section (ii) the total number of adult students attend- plan a summary of the recommendations made ing the school; and under subparagraph (A)(ii) and the response of 2421. (P) The establishment of leadership develop- (B) is endorsed by at least two-thirds of full- the Superintendent to the recommendations. ment projects for middle school principals, time teachers employed in the school. (b) CONTENTS.— which projects shall increase student learning (b) PRIVATE OR INDEPENDENT SCHOOL.—An el- (1) AREAS TO BE ADDRESSED.—The long-term and achievement and strengthen such principals igible applicant seeking to convert an existing reform plan shall describe how the District of private or independent school in the District of Columbia public schools will become a world- as instructional school leaders. (Q) The implementation of a policy for per- Columbia into a public charter school— class education system that prepares students formance-based evaluation of principals and (1) shall prepare a petition to establish a pub- for lifetime learning in the 21st century and teachers, after consultation with the Super- lic charter school that is approved by the Board which is on a par with the best education sys- intendent and unions (including unions that of Trustees or authority responsible for the tems of other cities, States, and nations. The represent teachers and unions that represent school and that meets the requirements of sec- long-term reform plan shall include a descrip- principals). tion 2202; tion of how the District of Columbia public (R) The implementation of policies that re- (2) shall provide a copy of the petition to— schools will accomplish the following: quire competitive appointments for all District of (A) the parents of minor students attending (A) Achievement at nationally and inter- Columbia public school positions. the existing school; nationally competitive levels by students attend- (S) The implementation of policies regarding (B) adult students attending the existing ing District of Columbia public schools. alternative teacher certification requirements. school; and (B) The preparation of students for the work- (T) The implementation of testing require- (C) employees of the existing school; and force, including— ments for teacher licensing renewal. (3) shall file the petition with an eligible char- (i) providing special emphasis for students (U) A review of the District of Columbia pub- tering authority for approval after the peti- planning to obtain a postsecondary education; lic school central office budget and staffing re- tion— and ductions for each fiscal year compared to the (A) is signed by two-thirds of the sum of— (ii) the development of individual career level of such budget and reductions at the end (i) the total number of parents of minor stu- paths. of fiscal year 1995. dents attending the school; and (C) The improvement of the health and safety (V) The implementation of the discipline pol- (ii) the total number of adult students attend- of students in District of Columbia public icy for the District of Columbia public schools in ing the school; and schools. order to ensure a safe, disciplined environment (B) is endorsed by at least two-thirds of full- (D) Local school governance, decentralization, conducive to learning. time teachers employed in the school. (c) NEW SCHOOL.—An eligible applicant seek- autonomy, and parental choice among District (2) OTHER INFORMATION.—For each of the of Columbia public schools. items described in subparagraphs (A) through ing to establish in the District of Columbia a (E) The implementation of a comprehensive (V) of paragraph (1), the long-term reform plan public charter school, but not seeking to convert and effective adult education and literacy pro- shall include— a District of Columbia public school or a private gram. (A) a statement of measurable, objective per- or independent school into a public charter (F) The identification, beginning in grade 3, formance goals; school, shall file with an eligible chartering au- of each student who does not meet minimum (B) a description of the measures of perform- thority for approval a petition to establish a standards of academic achievement in reading, ance to be used in determining whether the Su- public charter school that meets the require- writing, and mathematics in order to ensure perintendent and Board of Education have met ments of section 2202. that such student meets such standards prior to the goals; SEC. 2202. CONTENTS OF PETITION. grade promotion. (C) dates by which the goals shall be met; A petition under section 2201 to establish a (G) The achievement of literacy, and the pos- (D) plans for monitoring and reporting public charter school shall include the fol- session of the knowledge and skills necessary to progress to District of Columbia residents, the lowing: think critically, communicate effectively, and Mayor, the District of Columbia Council, the (1) A statement defining the mission and goals perform competently on districtwide assess- Authority, the Consensus Commission, and the of the proposed school and the manner in which ments, by students attending District of Colum- appropriate congressional committees regarding the school will meet the content standards, and bia public schools prior to such student’s com- the carrying out of the long-term reform plan; conduct the districtwide assessments, described pletion of grade 8. and in section 2411(b).

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00143 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2484 CONGRESSIONAL RECORD — SENATE March 20, 1996 (2) A statement of the need for the proposed (16) An assurance the proposed school will tend the 45-day time period referred to in sub- school in the geographic area of the school site. seek, obtain, and maintain accreditation from at section (e) by a period that shall not exceed 30 (3) A description of the proposed instructional least one of the following: days. goals and methods for the proposed school, (A) The Middle States Association of Colleges (g) DENIAL EXPLANATION.—If an eligible char- which shall include, at a minimum— and Schools. tering authority denies a petition or finds the (A) the area of focus of the proposed school, (B) The Association of Independent Maryland petition to be incomplete, the eligible chartering such as mathematics, science, or the arts, if the Schools. authority shall specify in writing the reasons school will have such a focus; (C) The Southern Association of Colleges and for its decision and indicate, when the eligible (B) the methods that will be used, including Schools. chartering authority determines appropriate, classroom technology, to provide students with (D) The Virginia Association of Independent how the eligible applicant who filed the petition the knowledge, proficiency, and skills needed— Schools. may revise the petition to satisfy the require- (i) to become nationally and internationally (E) American Montessori Internationale. ments for approval. competitive students and educated individuals (F) The American Montessori Society. (h) APPROVED PETITION.— in the 21st century; and (G) The National Academy of Early Childhood (1) NOTICE.—Not later than 10 days after an (ii) to perform competitively on any district- Programs. eligible chartering authority approves a petition wide assessments; and (H) Any other accrediting body deemed appro- to establish a public charter school, the eligible (C) the methods that will be used to improve priate by the eligible chartering authority that chartering authority shall provide a written no- student self-motivation, classroom instruction, granted the charter to the school. tice of the approval, including a copy of the ap- and learning for all students. (17) In the case that the proposed school’s proved petition and any conditions or require- (4) A description of the scope and size of the educational program includes preschool or pre- ments agreed to under subsection (d)(2), to the proposed school’s program that will enable stu- kindergarten, an assurance the proposed school eligible applicant and to the Chief Financial Of- dents to successfully achieve the goals estab- will be licensed as a child development center by ficer of the District of Columbia. The eligible lished by the school, including the grade levels the District of Columbia Government not later chartering authority shall publish a notice of to be served by the school and the projected and than the first date on which such program com- the approval of the petition in the District of maximum enrollment of each grade level. mences. Columbia Register and newspapers of general (5) A description of the plan for evaluating (18) An explanation of the relationship that circulation. student academic achievement at the proposed will exist between the public charter school and (2) CHARTER.—The provisions described in school and the procedures for remedial action the school’s employees. paragraphs (1), (7), (8), (11), (16), (17), and (18) that will be used by the school when the aca- (19) A statement of whether the proposed of section 2202 of a petition to establish a public demic achievement of a student falls below the school elects to be treated as a local educational charter school that are approved by an eligible expectations of the school. agency or a District of Columbia public school chartering authority, together with any amend- (6) An operating budget for the first 2 years of for purposes of part B of the Individuals With ments to the petition containing conditions or the proposed school that is based on anticipated Disabilities Education Act (20 U.S.C. 1411 et requirements agreed to by the eligible applicant enrollment and contains— seq.) and section 504 of the Rehabilitation Act of under subsection (d)(2), shall be considered a (A) a description of the method for conducting 1973 (20 U.S.C. 794), and notwithstanding any charter granted to the school by the eligible annual audits of the financial, administrative, other provision of law the eligible chartering au- chartering authority. (i) NUMBER OF PETITIONS.— and programmatic operations of the school; thority shall not have the authority to approve (1) FIRST YEAR.—For academic year 1996–1997, (B) either— or disapprove such election. (i) an identification of the site where the not more than 10 petitions to establish public school will be located, including a description of SEC. 2203. PROCESS FOR APPROVING OR DENY- charter schools may be approved under this sub- ING PUBLIC CHARTER SCHOOL PETI- title. any buildings on the site and any buildings pro- TIONS. posed to be constructed on the site; or (2) SUBSEQUENT YEARS.—For academic year (a) SCHEDULE.—An eligible chartering author- (ii) a timetable by which such an identifica- 1997–1998 and each academic year thereafter ity shall establish a schedule for receiving petition will be made; each eligible chartering authority shall not ap- tions to establish a public charter school and (C) a description of any major contracts prove more than 5 petitions to establish a public shall publish any such schedule in the District planned, with a value equal to or exceeding charter school under this subtitle. of Columbia Register and newspapers of general $10,000, for equipment and services, leases, im- (j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE circulation. provements, purchases of real property, or in- CHARTERING AUTHORITY.—No governmental en- (b) PUBLIC HEARING.—Not later than 45 days surance; and tity, elected official, or employee of the District (D) a timetable for commencing operations as after a petition to establish a public charter of Columbia shall make, participate in making, a public charter school. school is filed with an eligible chartering au- or intervene in the making of, the decision to (7) A description of the proposed rules and thority, the eligible chartering authority shall approve or deny a petition to establish a public policies for governance and operation of the hold a public hearing on the petition to gather charter school, except for officers or employees proposed school. the information that is necessary for the eligible of the eligible chartering authority with which (8) Copies of the proposed articles of incorpo- chartering authority to make the decision to ap- the petition is filed. ration and bylaws of the proposed school. prove or deny the petition. SEC. 2204. DUTIES, POWERS, AND OTHER RE- (9) The names and addresses of the members (c) NOTICE.—Not later than 10 days prior to QUIREMENTS, OF PUBLIC CHARTER of the proposed Board of Trustees and the pro- the scheduled date of a public hearing on a peti- SCHOOLS. cedures for selecting trustees. tion to establish a public charter school, an eli- (a) DUTIES.—A public charter school shall (10) A description of the student enrollment, gible chartering authority— comply with all of the terms and provisions of admission, suspension, expulsion, and other dis- (1) shall publish a notice of the hearing in the its charter. ciplinary policies and procedures of the pro- District of Columbia Register and newspapers of (b) POWERS.—A public charter school shall posed school, and the criteria for making deci- general circulation; and have the following powers: sions in such areas. (2) shall send a written notification of the (1) To adopt a name and corporate seal, but (11) A description of the procedures the pro- hearing date to the eligible applicant who filed only if the name selected includes the words posed school plans to follow to ensure the the petition. ‘‘public charter school’’. (2) To acquire real property for use as the health and safety of students, employees, and (d) APPROVAL.—Subject to subsection (i), an public charter school’s facilities, from public or guests of the school and to comply with applica- eligible chartering authority may approve a pe- private sources. ble health and safety laws, and all applicable tition to establish a public charter school, if— (1) the eligible chartering authority deter- (3) To receive and disburse funds for public civil rights statutes and regulations of the Fed- charter school purposes. mines that the petition satisfies the requirements eral Government and the District of Columbia. (4) Subject to subsection (c)(1), to secure ap- of this subtitle; (12) An explanation of the qualifications that propriate insurance and to make contracts and (2) the eligible applicant who filed the petition will be required of employees of the proposed leases, including agreements to procure or pur- agrees to satisfy any condition or requirement, school. chase services, equipment, and supplies. (13) An identification, and a description, of consistent with this subtitle and other applica- (5) To incur debt in reasonable anticipation of the individuals and entities submitting the peti- ble law, that is set forth in writing by the eligi- the receipt of funds from the general fund of the tion, including their names and addresses, and ble chartering authority as an amendment to District of Columbia or the receipt of Federal or the names of the organizations or corporations the petition; and private funds. of which such individuals are directors or offi- (3) the eligible chartering authority deter- (6) To solicit and accept any grants or gifts cers. mines that the public charter school has the for public charter school purposes, if the public (14) A description of how parents, teachers, ability to meet the educational objectives out- charter school— and other members of the community have been lined in the petition. (A) does not accept any grants or gifts subject involved in the design and will continue to be (e) TIMETABLE.—An eligible chartering au- to any condition contrary to law or contrary to involved in the implementation of the proposed thority shall approve or deny a petition to es- its charter; and school. tablish a public charter school not later than 45 (B) maintains for financial reporting purposes (15) A description of how parents and teachers days after the conclusion of the public hearing separate accounts for grants or gifts. will be provided an orientation and other train- on the petition. (7) To be responsible for the public charter ing to ensure their effective participation in the (f) EXTENSION.—An eligible chartering author- school’s operation, including preparation of a operation of the public charter school. ity and an eligible applicant may agree to ex- budget and personnel matters.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00144 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2485 (8) To sue and be sued in the public charter section 2203 shall apply to such a petition in the shall be elected or selected pursuant to the char- school’s own name. same manner as such provisions apply to a peti- ter granted to the school. Such Board of Trust- (c) PROHIBITIONS AND OTHER REQUIRE- tion to establish a public charter school. ees shall have an odd number of members that MENTS.— (11) ANNUAL REPORT.— does not exceed 7, of which— (1) CONTRACTING AUTHORITY.— (A) IN GENERAL.—A public charter school (1) a majority shall be residents of the District (A) NOTICE REQUIREMENT.—Except in the case shall submit an annual report to the eligible of Columbia; and of an emergency (as determined by the eligible chartering authority that approved its charter (2) at least 2 shall be parents of a student at- chartering authority of a public charter school), and to the Consensus Commission. The school tending the school. with respect to any contract proposed to be shall permit a member of the public to review (b) ELIGIBILITY.—An individual is eligible for awarded by the public charter school and hav- any such report upon request. election or selection to the Board of Trustees of ing a value equal to or exceeding $10,000, the (B) CONTENTS.—A report submitted under sub- a public charter school if the person— school shall publish a notice of a request for paragraph (A) shall include the following data: (1) is a teacher or staff member who is em- proposals in the District of Columbia Register (i) A report on the extent to which the school ployed at the school; and newspapers of general circulation not less is meeting its mission and goals as stated in the (2) is a parent of a student attending the than 30 days prior to the award of the contract. petition for the charter school. school; or (B) SUBMISSION TO THE AUTHORITY.— (ii) Student performance on any districtwide (3) meets the election or selection criteria set (i) DEADLINE FOR SUBMISSION.—With respect assessments. forth in the charter granted to the school. to any contract described in subparagraph (A) (iii) Grade advancement for students enrolled (c) ELECTION OR SELECTION OF PARENTS.—In that is awarded by a public charter school, the in the public charter school. the case of the first Board of Trustees of a pub- school shall submit to the Authority, not later (iv) Graduation rates, college admission test lic charter school to be elected or selected after than 3 days after the date on which the award scores, and college admission rates, if applica- the date on which the school is granted a char- is made, all bids for the contract received by the ble. ter, the election or selection of the members (v) Types and amounts of parental involve- school, the name of the contractor who is under subsection (a)(2) shall occur on the ear- ment. awarded the contract, and the rationale for the liest practicable date after classes at the school (vi) Official student enrollment. have commenced. Until such date, any other award of the contract. (vii) Average daily attendance. (ii) EFFECTIVE DATE OF CONTRACT.— (viii) Average daily membership. members who have been elected or selected shall (I) IN GENERAL.—Subject to subclause (II), a (ix) A financial statement audited by an inde- serve as an interim Board of Trustees. Such an contract described in subparagraph (A) shall be- pendent certified public accountant in accord- interim Board of Trustees may exercise all of the come effective on the date that is 15 days after ance with Government auditing standards for fi- powers, and shall be subject to all of the duties, the date the school makes the submission under nancial audits issued by the Comptroller Gen- of a Board of Trustees. clause (i) with respect to the contract, or the ef- eral of the United States. (d) FIDUCIARIES.—The Board of Trustees of a fective date specified in the contract, whichever (x) A report on school staff indicating the public charter school shall be fiduciaries of the is later. qualifications and responsibilities of such staff. school and shall set overall policy for the (II) EXCEPTION.—A contract described in sub- (xi) A list of all donors and grantors that have school. The Board of Trustees may make final paragraph (A) shall be considered null and void contributed monetary or in-kind donations hav- decisions on matters related to the operation of if the Authority determines, within 12 days of ing a value equal to or exceeding $500 during the school, consistent with the charter granted the date the school makes the submission under the year that is the subject of the report. to the school, this subtitle, and other applicable clause (i) with respect to the contract, that the (C) NONIDENTIFYING DATA.—Data described in law. contract endangers the economic viability of the clauses (i) through (ix) of subparagraph (B) SEC. 2206. STUDENT ADMISSION, ENROLLMENT, public charter school. that are included in an annual report shall not AND WITHDRAWAL. (2) TUITION.—A public charter school may not identify the individuals to whom the data per- (a) OPEN ENROLLMENT.—Enrollment in a pub- charge tuition, fees, or other mandatory pay- tain. lic charter school shall be open to all students ments, except to nonresident students, or for (12) CENSUS.—A public charter school shall who are residents of the District of Columbia field trips or similar activities. provide to the Board of Education student en- and, if space is available, to nonresident stu- (3) CONTROL.—A public charter school— rollment data necessary for the Board of Edu- dents who meet the tuition requirement in sub- (A) shall exercise exclusive control over its ex- cation to comply with section 3 of article II of section (e). penditures, administration, personnel, and in- the Act of February 4, 1925 (D.C. Code, sec. 31– (b) CRITERIA FOR ADMISSION.—A public char- structional methods, within the limitations im- 404) (relating to census of minors). ter school may not limit enrollment on the basis posed in this subtitle; and (13) COMPLAINT RESOLUTION PROCESS.—A pub- of a student’s race, color, religion, national ori- (B) shall be exempt from District of Columbia lic charter school shall establish an informal gin, language spoken, intellectual or athletic statutes, policies, rules, and regulations estab- complaint resolution process. ability, measures of achievement or aptitude, or lished for the District of Columbia public schools (14) PROGRAM OF EDUCATION.—A public char- status as a student with special needs. A public by the Superintendent, Board of Education, ter school shall provide a program of education charter school may limit enrollment to specific Mayor, District of Columbia Council, or Author- which shall include one or more of the fol- grade levels. ity, except as otherwise provided in the school’s lowing: (c) RANDOM SELECTION.—If there are more ap- charter or this subtitle. (A) Preschool. plications to enroll in a public charter school (4) HEALTH AND SAFETY.—A public charter (B) Prekindergarten. from students who are residents of the District school shall maintain the health and safety of (C) Any grade or grades from kindergarten of Columbia than there are spaces available, all students attending such school. through grade 12. students shall be admitted using a random selec- (D) Residential education. (5) CIVIL RIGHTS AND IDEA.—The Age Discrimi- tion process. (E) Adult, community, continuing, and voca- nation Act of 1975 (42 U.S.C. 6101 et seq.), title (d) ADMISSION TO AN EXISTING SCHOOL.—Dur- tional education programs. VI of the Civil Rights Act of 1964 (42 U.S.C. ing the 5-year period beginning on the date that (15) NONSECTARIAN NATURE OF SCHOOLS.—A 2000d et seq.), title IX of the Education Amend- public charter school shall be nonsectarian and a petition, filed by an eligible applicant seeking ments of 1972 (20 U.S.C. 1681 et seq.), section 504 shall not be affiliated with a sectarian school or to convert a District of Columbia public school of the Rehabilitation Act of 1973 (29 U.S.C. 794), religious institution. or a private or independent school into a public part B of the Individuals with Disabilities Edu- (16) NONPROFIT STATUS OF SCHOOL.—A public charter school, is approved, the school may give cation Act (20 U.S.C. 1411 et seq.), and the charter school shall be organized under the Dis- priority in enrollment to— Americans with Disabilities Act of 1990 (42 trict of Columbia Nonprofit Corporation Act (1) students enrolled in the school at the time U.S.C. 12101 et seq.), shall apply to a public (D.C. Code, sec. 29–501 et seq.). the petition is granted; charter school. (17) IMMUNITY FROM CIVIL LIABILITY.— (2) the siblings of students described in para- (6) GOVERNANCE.—A public charter school (A) IN GENERAL.—A public charter school, and graph (1); and shall be governed by a Board of Trustees in a its incorporators, Board of Trustees, officers, (3) in the case of the conversion of a District manner consistent with the charter granted to employees, and volunteers, shall be immune of Columbia public school, students who reside the school and the provisions of this subtitle. from civil liability, both personally and profes- within the attendance boundaries, if any, in (7) OTHER STAFF.—No employee of the District sionally, for any act or omission within the which the school is located. of Columbia public schools may be required to scope of their official duties unless the act or (e) NONRESIDENT STUDENTS.—Nonresident stu- accept employment with, or be assigned to, a omission— dents shall pay tuition to attend a public char- public charter school. (i) constitutes gross negligence; ter school at the applicable rate established for (8) OTHER STUDENTS.—No student enrolled in (ii) constitutes an intentional tort; or District of Columbia public schools administered a District of Columbia public school may be re- (iii) is criminal in nature. by the Board of Education for the type of pro- quired to attend a public charter school. (B) COMMON LAW IMMUNITY PRESERVED.—Sub- gram in which the student is enrolled. (9) TAXES OR BONDS.—A public charter school paragraph (A) shall not be construed to abro- (f) STUDENT WITHDRAWAL.—A student may shall not levy taxes or issue bonds. gate any immunity under common law of a per- withdraw from a public charter school at any (10) CHARTER REVISION.—A public charter son described in such subparagraph. time and, if otherwise eligible, enroll in a Dis- school seeking to revise its charter shall prepare SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC trict of Columbia public school administered by a petition for approval of the revision and file CHARTER SCHOOL. the Board of Education. the petition with the eligible chartering author- (a) BOARD OF TRUSTEES.—The members of a (g) EXPULSION AND SUSPENSION.—The prin- ity that granted the charter. The provisions of Board of Trustees of a public charter school cipal of a public charter school may expel or

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suspend a student from the school based on cri- (c) EMPLOYMENT STATUS.—Notwithstanding ter school during the fiscal year preceding the teria set forth in the charter granted to the any other provision of law and except as pro- fiscal year for which the determination is made. school. vided in this section, an employee of a public (D) AGGREGATE NUMBER OF ELIGIBLE STU- SEC. 2207. EMPLOYEES. charter school shall not be considered to be an DENTS.—The number described in this subpara- (a) EXTENDED LEAVE OF ABSENCE WITHOUT employee of the District of Columbia Govern- graph is the aggregate total of the following PAY.— ment for any purpose. numbers: (1) LEAVE OF ABSENCE FROM DISTRICT OF CO- SEC. 2208. REDUCED FARES FOR PUBLIC TRANS- (i) The number of low-income students who, LUMBIA PUBLIC SCHOOLS.—The Superintendent PORTATION. during the fiscal year preceding the fiscal year shall grant, upon request, an extended leave of A student attending a public charter school for which the determination is made, were en- absence, without pay, to an employee of the shall be eligible for reduced fares on the rolled in a public charter school. District of Columbia public schools for the pur- Metrobus and Metrorail Transit System on the (ii) The number of low-income students who, pose of permitting the employee to accept a posi- same terms and conditions as are applicable during the fiscal year preceding the fiscal year tion at a public charter school for a 2-year term. under section 2 of D.C. Law 2–152, effective for which the determination is made, were en- (2) REQUEST FOR EXTENSION.—At the end of a March 9, 1979 (D.C. Code, sec. 44–216 et seq.), to rolled in a District of Columbia public school se- 2-year term referred to in paragraph (1), an em- a student attending a District of Columbia pub- lected to provide services under part A of title I ployee granted an extended leave of absence lic school. of the Elementary and Secondary Education Act of 1965. without pay under such paragraph may submit SEC. 2209. DISTRICT OF COLUMBIA PUBLIC a request to the Superintendent for an extension SCHOOL SERVICES TO PUBLIC CHAR- (iii) The number of low-income students who, of the leave of absence for an unlimited number TER SCHOOLS. during the fiscal year preceding the fiscal year of 2-year terms. The Superintendent may not The Superintendent may provide services, for which the determination is made— unreasonably (as determined by the eligible such as facilities maintenance, to public charter (I) were enrolled in a private or independent chartering authority) withhold approval of the schools. All compensation for costs of such serv- school; and request. ices shall be subject to negotiation and mutual (II) resided in an attendance area of a District (3) RIGHTS UPON TERMINATION OF LEAVE.—An agreement between a public charter school and of Columbia public school selected to provide employee granted an extended leave of absence the Superintendent. services under part A of title I of the Elementary and Secondary Education Act of 1965. without pay for the purpose described in para- SEC. 2210. APPLICATION OF LAW. graph (1) or (2) shall have the same rights and (3) ALLOCATION FOR FISCAL YEAR 1999 AND (a) ELEMENTARY AND SECONDARY EDUCATION benefits under law upon termination of such THEREAFTER.— ACT OF 1965.— leave of absence as an employee of the District (A) CALCULATION BY SECRETARY.—Notwith- (1) TREATMENT AS LOCAL EDUCATIONAL AGEN- of Columbia public schools who is granted an standing sections 1124(a)(2), 1124A(a)(4), and CY.— extended leave of absence without pay for any 1125(d) of the Elementary and Secondary Edu- (A) IN GENERAL.—For any fiscal year, a public cation Act of 1965 (20 U.S.C. 6333(a)(2), other purpose. charter school shall be considered to be a local (b) RETIREMENT SYSTEM.— 6334(a)(4), and 6335(d)), for fiscal year 1999 and educational agency for purposes of part A of (1) CREDITABLE SERVICE.—An employee of a each fiscal year thereafter, the total allocation title I of the Elementary and Secondary Edu- public charter school who has received a leave under part A of title I of such Act for all local cation Act of 1965 (20 U.S.C. 6311 et seq.), and of absence under subsection (a) shall receive educational agencies in the District of Colum- shall be eligible for assistance under such part, creditable service, as defined in section 2604 of bia, including public charter schools that are el- if the fraction the numerator of which is the D.C. Law 2–139, effective March 3, 1979 (D.C. igible to receive assistance under such part, number of low-income students enrolled in the Code, sec. 1–627.4) and the rules established shall be calculated by the Secretary of Edu- public charter school during the fiscal year pre- under such section, for the period of the employ- cation. In making such calculation, such Sec- ceding the fiscal year for which the determina- ee’s employment at the public charter school. retary shall treat all such local educational tion is made and the denominator of which is (2) AUTHORITY TO ESTABLISH SEPARATE SYS- agencies as if such agencies were a single local the total number of students enrolled in such TEM.—A public charter school may establish a educational agency for the District of Columbia. public charter school for such preceding year, is retirement system for employees under its au- (B) ALLOCATION.— thority. equal to or greater than the lowest fraction de- (i) PUBLIC CHARTER SCHOOLS.—For fiscal year (3) ELECTION OF RETIREMENT SYSTEM.—A termined for any District of Columbia public 1999 and each fiscal year thereafter, each public former employee of the District of Columbia pub- school receiving assistance under such part A charter school that is eligible to receive assist- lic schools who becomes an employee of a public where the numerator is the number of low-in- ance under part A of title I of the Elementary charter school within 60 days after the date the come students enrolled in such public school for and Secondary Education Act of 1965 shall re- employee’s employment with the District of Co- such preceding year and the denominator is the ceive a portion of the total allocation calculated lumbia public schools is terminated may, at the total number of students enrolled in such public under subparagraph (A) which bears the same time the employee commences employment with school for such preceding year. ratio to such total allocation as the number de- the public charter school, elect— (B) DEFINITION.—For the purposes of this sub- scribed in paragraph (2)(C) bears to the aggre- (A) to remain in a District of Columbia Gov- section, the term ‘‘low-income student’’ means a gate total described in paragraph (2)(D). ernment retirement system and continue to re- student from a low-income family determined (ii) DISTRICT OF COLUMBIA PUBLIC SCHOOL.— ceive creditable service for the period of their according to the measure adopted by the District For fiscal year 1999 and each fiscal year there- employment at a public charter school; or of Columbia to carry out the provisions of part after, the District of Columbia public schools (B) to transfer into a retirement system estab- A of title I of the Elementary and Secondary shall receive a portion of the total allocation lished by the public charter school pursuant to Education Act of 1965 that is consistent with the calculated under subparagraph (A) which bears paragraph (2). measures described in section 1113(a)(5) of such the same ratio to such total allocation as the (4) PROHIBITED EMPLOYMENT CONDITIONS.—No Act (20 U.S.C. 6313(a)(5)) for the fiscal year for total of the numbers described in clauses (ii) and public charter school may require a former em- which the determination is made. (iii) of paragraph (2)(D) bears to the aggregate ployee of the District of Columbia public schools (2) ALLOCATION FOR FISCAL YEARS 1996 total described in paragraph (2)(D). to transfer to the public charter school’s retire- THROUGH 1998.— (4) USE OF ESEA FUNDS.—The Board of Edu- ment system as a condition of employment. (A) PUBLIC CHARTER SCHOOLS.—For fiscal cation may not direct a public charter school in (5) CONTRIBUTIONS.— years 1996 through 1998, each public charter the school’s use of funds under part A of title I (A) EMPLOYEES ELECTING NOT TO TRANSFER.— school that is eligible to receive assistance under of the Elementary and Secondary Education Act In the case of a former employee of the District part A of title I of the Elementary and Sec- of 1965. of Columbia public schools who elects to remain ondary Education Act of 1965 shall receive a (5) ESEA REQUIREMENTS.—Except as provided in a District of Columbia Government retirement portion of the District of Columbia’s total allo- in paragraph (6), a public charter school receiv- system pursuant to paragraph (3)(A), the public cation under such part which bears the same ing funds under part A of title I of the Elemen- charter school that employs the person shall ratio to such total allocation as the number de- tary and Secondary Education Act of 1965 (20 make the same contribution to such system on scribed in subparagraph (C) bears to the number U.S.C. 6301 et seq.) shall comply with all re- behalf of the person as the District of Columbia described in subparagraph (D). quirements applicable to schools receiving such would have been required to make if the person (B) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— funds. had continued to be an employee of the District For fiscal years 1996 through 1998, the District (6) INAPPLICABILITY OF CERTAIN ESEA PROVI- of Columbia public schools. of Columbia public schools shall receive a por- SIONS.—The following provisions of the Elemen- (B) EMPLOYEES ELECTING TO TRANSFER.—In tion of the District of Columbia’s total alloca- tary and Secondary Education Act of 1965 shall the case of a former employee of the District of tion under part A of title I of the Elementary not apply to a public charter school: Columbia public schools who elects to transfer and Secondary Education Act of 1965 which (A) Paragraphs (5) and (8) of section 1112(b) into a retirement system of a public charter bears the same ratio to such total allocation as (20 U.S.C. 6312(b)). school pursuant to paragraph (3)(B), the appli- the total of the numbers described in clauses (ii) (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), cable District of Columbia Government retire- and (iii) of subparagraph (D) bears to the aggre- (1)(F), (1)(H), and (3) of section 1112(c) (20 ment system from which the former employee is gate total described in subparagraph (D). U.S.C. 6312(c)). transferring shall compute the employee’s con- (C) NUMBER OF ELIGIBLE STUDENTS ENROLLED (C) Section 1113 (20 U.S.C. 6313). tribution to that system and transfer this IN THE PUBLIC CHARTER SCHOOL.—The number (D) Section 1115A (20 U.S.C. 6316). amount, to the retirement system of the public described in this subparagraph is the number of (E) Subsections (a), (b), and (c) of section 1116 charter school. low-income students enrolled in the public char- (20 U.S.C. 6317).

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00146 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2487

(F) Subsections (d) and (e) of section 1118 (20 (3) The number of petitions received by the eli- (B) DEADLINE.—An informal hearing under U.S.C. 6319). gible chartering authority for the conversion of this subsection shall take place not later than 30 (G) Section 1120 (20 U.S.C. 6321). a District of Columbia public school or a private days after an eligible chartering authority re- (H) Subsections (a) and (c) of section 1120A or independent school to a public charter ceives a timely written request for the hearing (20 U.S.C. 6322). school, and for the creation of a new school as under paragraph (2). (I) Section 1126 (20 U.S.C. 6337). a public charter school. (4) FINAL DECISION.— (b) PROPERTY AND SALES TAXES.—A public (4) The number of petitions described in para- (A) DEADLINE.—An eligible chartering author- charter school shall be exempt from District of graph (3) that were approved and the number ity shall render a final decision, in writing, on Columbia property and sales taxes. that were denied, as well as a summary of the an application to renew a charter— (c) EDUCATION OF CHILDREN WITH DISABIL- reasons for which such petitions were denied. (i) not later than 30 days after the date on ITIES.—Notwithstanding any other provision of (5) A description of any new charters issued which the eligible chartering authority provided this title, each public charter school shall elect by the eligible chartering authority during the the written notice of the right to a hearing, in to be treated as a local educational agency or a year preceding the report. the case of an application with respect to which District of Columbia public school for the pur- (6) A description of any charters renewed by such a hearing is not held; and pose of part B of the Individuals with Disabil- the eligible chartering authority during the year (ii) not later than 30 days after the date on ities Education Act (20 U.S.C. 1411 et seq.) and preceding the report. which the hearing is concluded, in the case of section 504 of the Rehabilitation Act of 1973 (29 (7) A description of any charters revoked by an application with respect to which a hearing U.S.C. 794). the eligible chartering authority during the year is held. SEC. 2211. POWERS AND DUTIES OF ELIGIBLE preceding the report. (B) REASONS FOR NONRENEWAL.—An eligible CHARTERING AUTHORITIES. (8) A description of any charters refused re- chartering authority that denies an application (a) OVERSIGHT.— newal by the eligible chartering authority dur- to renew a charter shall state in its decision the (1) IN GENERAL.—An eligible chartering au- ing the year preceding the report. reasons for denial. thority— (9) Any recommendations the eligible char- (5) ALTERNATIVES UPON NONRENEWAL.—If an (A) shall monitor the operations of each pub- tering authority has concerning ways to im- lic charter school to which the eligible char- eligible chartering authority denies an applica- prove the administration of public charter tion to renew a charter granted to a public tering authority has granted a charter; schools. (B) shall ensure that each such school com- charter school, the Board of Education may— SEC. 2212. CHARTER RENEWAL. plies with applicable laws and the provisions of (A) manage the school directly until alter- (a) TERM.—A charter granted to a public the charter granted to such school; and native arrangements can be made for students (C) shall monitor the progress of each such charter school shall remain in force for a 5-year at the school; or school in meeting student academic achievement period, but may be renewed for an unlimited (B) place the school in a probationary status expectations specified in the charter granted to number of times, each time for a 5-year period. that requires the school to take remedial ac- (b) APPLICATION FOR CHARTER RENEWAL.—In such school. tions, to be determined by the Board of Edu- the case of a public charter school that desires (2) PRODUCTION OF BOOKS AND RECORDS.—An cation, that directly relate to the grounds for eligible chartering authority may require a pub- to renew its charter, the Board of Trustees of the denial. lic charter school to which the eligible char- the school shall file an application to renew the (6) JUDICIAL REVIEW.— tering authority has granted a charter to charter with the eligible chartering authority (A) AVAILABILITY OF REVIEW.—A decision by produce any book, record, paper, or document, that granted the charter not later than 120 days an eligible chartering authority to deny an ap- if the eligible chartering authority determines nor earlier than 365 days before the expiration plication to renew a charter shall be subject to that such production is necessary for the eligible of the charter. The application shall contain the judicial review by an appropriate court of the chartering authority to carry out its functions following: District of Columbia. (1) A report on the progress of the public char- under this subtitle. (B) STANDARD OF REVIEW.—A decision by an (b) FEES.— ter school in achieving the goals, student aca- eligible chartering authority to deny an applica- (1) APPLICATION FEE.—An eligible chartering demic achievement expectations, and other tion to renew a charter shall be upheld unless authority may charge an eligible applicant a terms of the approved charter. the decision is arbitrary and capricious or clear- fee, not to exceed $150, for processing a petition (2) All audited financial statements for the ly erroneous. public charter school for the preceding 4 years. to establish a public charter school. SEC. 2213. CHARTER REVOCATION. (c) APPROVAL OF CHARTER RENEWAL APPLICA- (2) ADMINISTRATION FEE.—In the case of an (a) CHARTER OR LAW VIOLATIONS.—An eligible eligible chartering authority that has granted a TION.—The eligible chartering authority that granted a charter shall approve an application chartering authority that has granted a charter charter to a public charter school, the eligible to a public charter school may revoke the char- chartering authority may charge the school a to renew the charter that is filed in accordance with subsection (b), except that the eligible ter if the eligible chartering authority deter- fee, not to exceed one-half of one percent of the mines that the school has committed a violation annual budget of the school, to cover the cost of chartering authority shall not approve such application if the eligible chartering authority de- of applicable laws or a material violation of the undertaking the ongoing administrative respon- conditions, terms, standards, or procedures set sibilities of the eligible chartering authority termines that— (1) the school committed a material violation forth in the charter, including violations relat- with respect to the school that are described in ing to the education of children with disabil- this subtitle. The school shall pay the fee to the of applicable laws or a material violation of the conditions, terms, standards, or procedures set ities. eligible chartering authority not later than No- (b) FISCAL MISMANAGEMENT.—An eligible vember 15 of each year. forth in its charter, including violations relating to the education of children with disabilities; or chartering authority that has granted a charter (c) IMMUNITY FROM CIVIL LIABILITY.— to a public charter school shall revoke the char- (1) IN GENERAL.—An eligible chartering au- (2) the school failed to meet the goals and stu- ter if the eligible chartering authority deter- thority, the Board of Trustees of such an eligi- dent academic achievement expectations set mines that the school— ble chartering authority, and a director, officer, forth in its charter. (1) has engaged in a pattern of nonadherence employee, or volunteer of such an eligible char- (d) PROCEDURES FOR CONSIDERATION OF to generally accepted accounting principles; tering authority, shall be immune from civil li- CHARTER RENEWAL.— (2) has engaged in a pattern of fiscal mis- ability, both personally and professionally, for (1) NOTICE OF RIGHT TO HEARING.—An eligible management; or any act or omission within the scope of their of- chartering authority that has received an appli- (3) is no longer economically viable. ficial duties unless the act or omission— cation to renew a charter that is filed by a (c) PROCEDURES FOR CONSIDERATION OF REV- (A) constitutes gross negligence; Board of Trustees in accordance with subsection (B) constitutes an intentional tort; or (b) shall provide to the Board of Trustees writ- OCATION.— (C) is criminal in nature. ten notice of the right to an informal hearing on (1) NOTICE OF RIGHT TO HEARING.—An eligible (2) COMMON LAW IMMUNITY PRESERVED.— the application. The eligible chartering author- chartering authority that is proposing to revoke Paragraph (1) shall not be construed to abro- ity shall provide the notice not later than 15 a charter granted to a public charter school gate any immunity under common law of a per- days after the date on which the eligible char- shall provide to the Board of Trustees of the son described in such paragraph. tering authority received the application. school a written notice stating the reasons for (d) ANNUAL REPORT.—On or before July 30 of (2) REQUEST FOR HEARING.—Not later than 15 the proposed revocation. The notice shall inform each year, each eligible chartering authority days after the date on which a Board of Trust- the Board of Trustees of the right of the Board that issues a charter under this subtitle shall ees receives a notice under paragraph (1), the of Trustees to an informal hearing on the pro- submit a report to the Mayor, the District of Co- Board of Trustees may request, in writing, an posed revocation. lumbia Council, the Board of Education, the informal hearing on the application before the (2) REQUEST FOR HEARING.—Not later than 15 Secretary of Education, the appropriate con- eligible chartering authority. days after the date on which a Board of Trust- gressional committees, and the Consensus Com- (3) DATE AND TIME OF HEARING.— ees receives a notice under paragraph (1), the mission that includes the following information: (A) NOTICE.—Upon receiving a timely written Board of Trustees may request, in writing, an (1) A list of the members of the eligible char- request for a hearing under paragraph (2), an informal hearing on the proposed revocation be- tering authority and the addresses of such mem- eligible chartering authority shall set a date and fore the eligible chartering authority. bers. time for the hearing and shall provide reason- (3) DATE AND TIME OF HEARING.— (2) A list of the dates and places of each meet- able notice of the date and time, as well as the (A) NOTICE.—Upon receiving a timely written ing of the eligible chartering authority during procedures to be followed at the hearing, to the request for a hearing under paragraph (2), an the year preceding the report. Board of Trustees. eligible chartering authority shall set a date and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00147 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2488 CONGRESSIONAL RECORD — SENATE March 20, 1996 time for the hearing and shall provide reason- the Board sufficient to bring the Board’s mem- ter for the Performing Arts, and the National able notice of the date and time, as well as the bership to 7 within 30 days of receiving a rec- Gallery of Art. procedures to be followed at the hearing, to the ommendation from the Secretary of Education (b) REPORT.—Not later than 120 days after Board of Trustees. under paragraph (2) or (3), the Secretary shall date of enactment of this Act, any agency or in- (B) DEADLINE.—An informal hearing under make such appointments as are necessary to stitution described in subsection (a) that has ex- this subsection shall take place not later than 30 bring the membership of the Board to 7. plored the feasibility of establishing a public days after an eligible chartering authority re- (5) TERMS OF MEMBERS.— charter school shall report its determination on ceives a timely written request for the hearing (A) IN GENERAL.—Members of the Board shall the feasibility to the appropriate committees of under paragraph (2). serve for terms of 4 years, except that, of the ini- the Congress. (4) FINAL DECISION.— tial appointments made under paragraph (2), Subtitle C—Even Start (A) DEADLINE.—An eligible chartering author- the Mayor shall designate— ity shall render a final decision, in writing, on SEC. 2301. AMENDMENTS FOR EVEN START PRO- (i) 2 members to serve terms of 3 years; GRAMS. the revocation of a charter— (ii) 2 members to serve terms of 2 years; and (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- (i) not later than 30 days after the date on (iii) 1 member to serve a term of 1 year. tion 1002 of the Elementary and Secondary Edu- which the eligible chartering authority provided (B) REAPPOINTMENT.—Members of the Board cation Act of 1965 (20 U.S.C. 6302) is amended by the written notice of the right to a hearing, in shall be eligible to be reappointed for one 4-year striking subsection (b) and inserting the fol- the case of a proposed revocation with respect to term beyond their initial term of appointment. lowing: which such a hearing is not held; and (6) INDEPENDENCE.—No person employed by ‘‘(b) EVEN START.— (ii) not later than 30 days after the date on the District of Columbia public schools or a pub- ‘‘(1) IN GENERAL.—For the purpose of carrying which the hearing is concluded, in the case of a lic charter school shall be eligible to be a member proposed revocation with respect to which a out part B, there are authorized to be appro- of the Board or to be employed by the Board. priated $118,000,000 for fiscal year 1995 and such hearing is held. (b) OPERATIONS OF THE BOARD.— (B) REASONS FOR REVOCATION.—An eligible sums as may be necessary for each of the four (1) CHAIR.—The members of the Board shall succeeding fiscal years. chartering authority that revokes a charter elect from among their membership 1 individual ‘‘(2) DISTRICT OF COLUMBIA.—For the purpose shall state in its decision the reasons for the rev- to serve as Chair. Such election shall be held ocation. of carrying out Even Start programs in the Dis- each year after members of the Board have been trict of Columbia described in section 1211, there (5) ALTERNATIVES UPON REVOCATION.—If an appointed to fill any vacancies caused by the eligible chartering authority revokes a charter are authorized to be appropriated— regular expiration of previous members’ terms, ‘‘(A) $2,000,000 for fiscal year 1996; granted to a public charter school, the Board of or when requested by a majority vote of the Education may manage the school directly until ‘‘(B) $3,500,000 for fiscal year 1997; members of the Board. ‘‘(C) $5,000,000 for fiscal year 1998; alternative arrangements can be made for stu- (2) QUORUM.—A majority of the members of dents at the school. ‘‘(D) $5,000,000 for fiscal year 1999; and the Board, not including any positions that may ‘‘(E) $5,000,000 for fiscal year 2000.’’. (6) JUDICIAL REVIEW.— be vacant, shall constitute a quorum sufficient (A) AVAILABILITY OF REVIEW.—A decision by (b) EVEN START FAMILY LITERACY PRO- for conducting the business of the Board. an eligible chartering authority to revoke a GRAMS.—Part B of title I of the Elementary and (3) MEETINGS.—The Board shall meet at the charter shall be subject to judicial review by an Secondary Education Act of 1965 (20 U.S.C. 6361 call of the Chair, subject to the hearing require- appropriate court of the District of Columbia. et seq.) is amended— ments of sections 2203, 2212(d)(3), and 2213(c)(3). (B) STANDARD OF REVIEW.—A decision by an (1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)), (c) NO COMPENSATION FOR SERVICE.—Members eligible chartering authority to revoke a charter by inserting ‘‘(1)’’ after ‘‘1002(b)’’; of the Board shall serve without pay, but may shall be upheld unless the decision is arbitrary (2) in section 1202(b) (20 U.S.C. 6362(b)), by in- receive reimbursement for any reasonable and and capricious or clearly erroneous. serting ‘‘(1)’’ after ‘‘1002(b)’’; necessary expenses incurred by reason of service SEC. 2214. PUBLIC CHARTER SCHOOL BOARD. (3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)), on the Board. by inserting ‘‘(1)’’ after ‘‘1002(b)’’; (a) ESTABLISHMENT.— (d) PERSONNEL AND RESOURCES.— (1) IN GENERAL.—There is established within (4) in section 1204(a) (20 U.S.C. 6364(a)), by (1) IN GENERAL.—Subject to such rules as may inserting ‘‘intensive’’ after ‘‘cost of providing’’; the District of Columbia Government a Public be made by the Board, the Chair shall have the Charter School Board (in this section referred to (5) in section 1205(4) (20 U.S.C. 6365(4)), by in- power to appoint, terminate, and fix the pay of serting ‘‘, intensive’’ after ‘‘high-quality’’; and as the ‘‘Board’’). an Executive Director and such other personnel (2) MEMBERSHIP.—The Secretary of Education (6) by adding at the end the following new of the Board as the Chair considers necessary, shall present the Mayor a list of 15 individuals section: but no individual so appointed shall be paid in the Secretary determines are qualified to serve ‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START excess of the rate payable for level EG–16 of the on the Board. The Mayor, in consultation with INITIATIVES. Educational Service of the District of Columbia. the District of Columbia City Council, shall ap- ‘‘(a) DISTRICT OF COLUMBIA PROGRAM AU- (2) SPECIAL RULE.—The Board is authorized to point 7 individuals from the list to serve on the THORIZED.— use the services, personnel, and facilities of the Board. The Secretary of Education shall rec- ‘‘(1) IN GENERAL.—In addition to any grant District of Columbia. ommend, and the Mayor shall appoint, members for the District of Columbia authorized under (e) EXPENSES OF BOARD.—Any expenses of the to serve on the Board so that a knowledge of section 1202, the Secretary shall provide grants, Board shall be paid from such funds as may be each of the following areas is represented on the on a competitive basis, to eligible entities to en- available to the Mayor. Board: able such entities to carry out Even Start pro- (f) AUDIT.—The Board shall provide for an (A) Research about and experience in student grams in the District of Columbia that build on audit of the financial statements of the Board learning, quality teaching, and evaluation of the findings of the National Evaluation of the by an independent certified public accountant and accountability in successful schools. Even Start Family Literacy Program, such as in accordance with Government auditing stand- (B) The operation of a financially sound en- providing intensive services in early childhood ards for financial audits issued by the Comp- terprise, including leadership and management education, parent training, and adult literacy troller General of the United States. techniques, as well as the budgeting and ac- or adult education. (g) AUTHORIZATION OF APPROPRIATIONS.—For counting skills critical to the startup of a suc- ‘‘(2) NUMBER OF GRANTS.—The Secretary shall the purpose of carrying out the provisions of cessful enterprise. award— (C) The educational, social, and economic de- this section and conducting the Board’s func- ‘‘(A) not more than 8 grants under this section velopment needs of the District of Columbia. tions required by this subtitle, there are author- for fiscal year 1996; (D) The needs and interests of students and ized to be appropriated $300,000 for fiscal year ‘‘(B) not more than 14 grants under this sec- parents in the District of Columbia, as well as 1996 and such sums as may be necessary for tion for fiscal year 1997; methods of involving parents and other members each of the 4 succeeding fiscal years. ‘‘(C) not more than 20 grants under this sec- of the community in individual schools. SEC. 2215. FEDERAL ENTITIES. tion for each of the fiscal years 1998 and 1999; (3) VACANCIES.—Any time there is a vacancy (a) IN GENERAL.—The following Federal agen- and in the membership of the Board, the Secretary of cies and federally established entities are en- ‘‘(D) not more than 20 grants under this sec- Education shall present the Mayor a list of 3 in- couraged to explore whether it is feasible for the tion, or such number as the Secretary deter- dividuals the Secretary determines are qualified agency or entity to establish one or more public mines appropriate taking into account the re- to serve on the Board. The Mayor, in consulta- charter schools: sults of evaluations described in subsection (i), tion with the District of Columbia Council, shall (1) The Library of Congress. for fiscal year 2000. appoint 1 individual from the list to serve on the (2) The National Aeronautics and Space Ad- ‘‘(b) DEFINITION.—For the purpose of this sec- Board. The Secretary shall recommend and the ministration. tion, the term ‘eligible entity’ means a partner- Mayor shall appoint, such member of the Board (3) The Drug Enforcement Administration. ship composed of at least— taking into consideration the criteria described (4) The National Science Foundation. ‘‘(1) a District of Columbia public school; in paragraph (2). Any member appointed to fill (5) The Department of Justice. ‘‘(2) the local educational agency in existence a vacancy occurring prior to the expiration of (6) The Department of Defense. on September 1, 1995 for the District of Colum- the term of a predecessor shall be appointed (7) The Department of Education. bia, any other public organization, or an insti- only for the remainder of the term. (8) The Smithsonian Institution, including the tution of higher education (as defined in section (4) TIME LIMIT FOR APPOINTMENTS.—If, at any National Zoological Park, the National Museum 1201(a) of the Higher Education Act of 1965 (20 time, the Mayor does not appoint members to of American History, the John F. Kennedy Cen- U.S.C. 1141(a))); and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00148 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2489 ‘‘(3) a private nonprofit community-based or- read to refer to the Secretary and to grants (A) has a national reputation for advocating ganization. under this section, respectively; and content standards; ‘‘(c) USES OF FUNDS; FEDERAL SHARE.— ‘‘(2) notwithstanding section 1208(b), the Sec- (B) has a national reputation for advocating ‘‘(1) COMPLIANCE.—Each eligible entity that retary shall not provide continuation funding to a strong liberal arts curriculum; receives funds under this section shall comply a grant recipient under this section if the Sec- (C) has experience with at least 4 urban with section 1204(a) and 1204(b)(3), relating to retary determines, after affording the recipient school districts for the purpose of establishing the use of such funds. notice and an opportunity for a hearing, that content standards; ‘‘(2) FEDERAL SHARE.—Each program funded the recipient has not made substantial progress (D) has developed and managed professional under this section is subject to the Federal share in accomplishing the objectives of this section. development programs in science, mathematics, requirement of section 1204(b)(1), except that the ‘‘(i) TECHNICAL ASSISTANCE AND EVALUA- the humanities and the arts; and Secretary may waive that requirement, in whole TION.— (E) is governed by an independent board of di- or in part, for any eligible entity that dem- ‘‘(1) TECHNICAL ASSISTANCE.—(A) The Sec- rectors composed of citizens with a variety of ex- onstrates to the Secretary’s satisfaction that retary shall use not more than 5 percent of the periences in education and public policy. such entity otherwise would not be able to par- amounts authorized under section 1002(b)(2) for (b) RECOMMENDATION REQUIRED.— ticipate in the program under this section. any fiscal year— (1) IN GENERAL.—The World Class Schools ‘‘(3) MINIMUM.—Except as provided in para- ‘‘(i) to provide technical assistance to eligible Task Force shall recommend to the Super- graph (4), each eligible entity selected to receive entities, including providing funds to one or intendent, the Board of Education, and the Dis- a grant under this section shall receive not more more District of Columbia nonprofit organiza- trict of Columbia Goals Panel the following: than $250,000 in any fiscal year, except that the tions to enable such organizations to provide (A) Content standards in the core academic Secretary may increase such amount if the Sec- technical assistance to eligible entities in the subjects that are developed by working with the retary determines that— areas of community development and coalition District of Columbia community, which stand- ‘‘(A) such entity needs additional funds to be building; and ards shall be developed not later than 12 months effective; and ‘‘(ii) for the evaluation conducted pursuant to after the date of enactment of this Act. ‘‘(B) the increase will not reduce the amount paragraph (2). (B) A core curriculum developed by working of funds available to other eligible entities that ‘‘(B) The Secretary shall allocate 5 percent of with the District of Columbia community, which receive funds under this section. the amounts authorized under section 1002(b)(2) curriculum shall include the teaching of com- ‘‘(4) REMAINING FUNDS.—If funds remain after for any fiscal year to enter into a contract with puter skills. payments are made under paragraph (3) for any the National Center for Family Literacy for the (C) Districtwide assessments for measuring fiscal year, the Secretary shall make such re- provision of technical assistance to eligible enti- student achievement in accordance with content maining funds available to each eligible entity ties. standards developed under subparagraph (A). receiving a grant under this section for such ‘‘(2) EVALUATION.—(A) The Secretary shall Such assessments shall be developed at several year in an amount that bears the same relation use funds available under paragraph (1)(A)— grade levels, including at a minimum, the grade to such funds as the amount each such entity ‘‘(i) to provide for independent evaluations of levels with respect to which the Superintendent received under this section bears to the amount programs under this section in order to deter- establishes promotion gates under section 2421. all such entities received under this section. mine the effectiveness of such programs in pro- To the extent feasible, such assessments shall, at ‘‘(d) PROGRAM ELEMENTS.—Each program as- viding high quality family literacy services, in- a minimum, be designed to provide information sisted under this section shall comply with the cluding— that permits comparisons between— program elements described in section 1205, in- ‘‘(I) intensive and high quality early child- (i) individual District of Columbia public cluding intensive high quality instruction pro- hood education; schools and public charter schools; and grams of early childhood education, parent ‘‘(II) intensive and high quality services in (ii) individual students attending such training, and adult literacy or adult education. adult literacy or adult education; schools. ‘‘(e) ELIGIBLE PARTICIPANTS.— ‘‘(III) intensive and high quality services in (D) Model professional development programs ‘‘(1) IN GENERAL.—Individuals eligible to par- parent training; for teachers using the standards and curriculum ticipate in a program under this section are— ‘‘(IV) coordination with related programs; and developed under subparagraphs (A) and (B). ‘‘(A) the parent or parents of a child described ‘‘(V) training of related personnel in appro- (2) SPECIAL RULE.—The World Class Schools in subparagraph (B), or any other adult who is priate skill areas; and Task Force is encouraged, to the extent prac- substantially involved in the day-to-day care of ‘‘(ii) to determine if the grant amount pro- ticable, to develop districtwide assessments de- the child, if such parent or adult— vided to eligible recipients to carry out such scribed in paragraph (1)(C) that permit compari- ‘‘(i) is eligible to participate in an adult edu- projects is appropriate to accomplish the objec- sons among— cation program under the Adult Education Act; tives of this section. (A) individual District of Columbia public or ‘‘(B)(i) Such evaluation shall be conducted by schools and public charter schools, and indi- ‘‘(ii) is attending, or is eligible by age to at- individuals not directly involved in the adminis- vidual students attending such schools; and tend, a District of Columbia public school; and tration of a program operated with funds pro- (B) students of other nations. ‘‘(B) any child, from birth through age 7, of vided under this section. Such independent (c) CONTENT.—The content standards and as- an individual described in subparagraph (A). evaluators and the program administrators shall sessments recommended under subsection (b) ‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi- jointly develop evaluation criteria which pro- shall be judged by the World Class Schools Task bility factors described in section 1206(b) shall vide for appropriate analysis of the factors list- Force to be world class, including having a level apply to programs under this section, except ed in subparagraph (A). of quality and rigor, or being analogous to con- that for purposes of this section— ‘‘(ii) In order to determine a program’s effec- tent standards and assessments of other States ‘‘(A) the reference in paragraph (1) to sub- tiveness, each evaluation shall contain objective or nations (including nations whose students section (a) shall be read to refer to paragraph measures of such effectiveness, and whenever historically score high on international studies (1); and feasible, shall contain the specific views of proof student achievement). (d) SUBMISSION TO BOARD OF EDUCATION FOR ‘‘(B) references in such section to this part gram participants about such programs. shall be read to refer to this section. ‘‘(C) The Secretary shall prepare and submit ADOPTION.—If the content standards, cur- ‘‘(f) APPLICATIONS.—Each eligible entity that to the appropriate congressional committees a riculum, assessments, and programs rec- wishes to receive a grant under this section shall report regarding the results of such evaluations ommended under subsection (b) are approved by submit an application to the Secretary at such not later than March 1, 1999. The Secretary the Superintendent, the Superintendent may time, in such manner, and containing such in- shall provide an interim report regarding the re- submit such content standards, curriculum, as- formation as the Secretary may require. sults of such evaluations by March 1, 1998.’’. sessments, and programs to the Board of Edu- ‘‘(g) SELECTION OF GRANTEES.—In awarding cation for adoption. Subtitle D—World Class Schools Task Force, grants under this section, the Secretary shall— SEC. 2412. CONSULTATION. Core Curriculum, Content Standards, As- ‘‘(1) use the selection criteria described in sub- The World Class Schools Task Force shall sessments, and Promotion Gates paragraphs (A) through (F), and (H), of section conduct its duties under this part in consulta- 1208(a)(1); and PART 1—WORLD CLASS SCHOOLS TASK tion with— ‘‘(2) give priority to applications for programs FORCE, CORE CURRICULUM, CONTENT (1) the District of Columbia Goals Panel; that— STANDARDS, AND ASSESSMENTS (2) officials of the District of Columbia public ‘‘(A) target services to schools in which a SEC. 2411. GRANT AUTHORIZED AND REC- schools who have been identified by the Super- schoolwide program is being conducted under OMMENDATION REQUIRED. intendent as having responsibilities relevant to section 1114; or (a) GRANT AUTHORIZED.— this part, including the Deputy Superintendent ‘‘(B) are located in areas designated as em- (1) IN GENERAL.—The Superintendent is au- for Curriculum; powerment zones or enterprise communities. thorized to award a grant to a World Class (3) the District of Columbia community, with ‘‘(h) DURATION OF PROGRAMS.—The priority Schools Task Force to enable such task force to particular attention given to educators, and for subgrants described in section 1208(a)(2), make the recommendation described in sub- parent and business organizations; and and the progress requirement described in sec- section (b). (4) any other persons or groups that the task tion 1208(b)(4), shall apply to grants made under (2) DEFINITION.—For the purpose of this sub- force deems appropriate. this section, except that— title, the term ‘‘World Class Schools Task SEC. 2413. ADMINISTRATIVE PROVISIONS. ‘‘(1) references in those sections to the State Force’’ means 1 nonprofit organization located The World Class Schools Task Force shall en- educational agency and to subgrants shall be in the District of Columbia that— sure public access to its proceedings (other than

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00149 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2490 CONGRESSIONAL RECORD — SENATE March 20, 1996

proceedings, or portions of proceedings, relating Council, in consultation with the Board of Edu- (d) AUDIT OF INITIAL CALCULATIONS.— to internal personnel and management matters) cation and the Superintendent, may adjust the (1) IN GENERAL.—The Board of Education that are relevant to its duties under this part formula to increase or decrease the amount of shall arrange with the Authority to provide for and shall make available to the public, at rea- the annual payment to the District of Columbia the conduct of an independent audit of the ini- sonable cost, transcripts of such proceedings. public schools or each public charter school tial calculations described in subsection (b). SEC. 2414. CONSULTANTS. based on a calculation of— (2) CONDUCT OF AUDIT.—In conducting the Upon the request of the World Class Schools (i) the number of students served by such audit, the independent auditor— Task Force, the head of any department or schools in certain grade levels; and (A) shall provide an opinion as to the accu- agency of the Federal Government may detail (ii) the cost of educating students at such cer- racy of the information contained in the report any of the personnel of such agency to such tain grade levels. described in subsection (c); and task force to assist such task force in carrying (B) PAYMENT.—Notwithstanding paragraph (B) shall identify any material weaknesses in out such task force’s duties under this part. (2), the Mayor and the District of Columbia the systems, procedures, or methodology used by SEC. 2415. AUTHORIZATION OF APPROPRIATIONS. Council, in consultation with the Board of Edu- the Board of Education— There are authorized to be appropriated cation and the Superintendent, may adjust the (i) in determining the number of students, in- $2,000,000 for fiscal year 1996 to carry out this amount of the annual payment under para- cluding nonresident students, enrolled in the part. Such funds shall remain available until graph (1) to increase the amount of such pay- District of Columbia public schools and in pub- expended. ment if a District of Columbia public school or lic charter schools, and the number of students a public charter school serves a high number of PART 2—PROMOTION GATES whose tuition for enrollment in other school sys- students— tems is paid for by funds available to the Dis- SEC. 2421. PROMOTION GATES. (i) with special needs; or trict of Columbia public schools; and (a) KINDERGARTEN THROUGH 4TH GRADE.—Not (ii) who do not meet minimum literacy stand- (ii) in assessing and collecting fees and tuition later than one year after the date of adoption in ards. from nonresident students. accordance with section 2411(d) of the assess- SEC. 2502. CALCULATION OF NUMBER OF STU- (3) SUBMISSION OF AUDIT.—Not later than 45 ments described in section 2411(b)(1)(C), the Su- DENTS. days, or as soon thereafter as is practicable, perintendent shall establish and implement pro- (a) SCHOOL REPORTING REQUIREMENT.— after the date on which the Authority receives motion gates for mathematics, reading, and (1) IN GENERAL.—Not later than September 15, the initial annual report from the Board of Edu- writing, for not less than 1 grade level from kin- 1996, and not later than September 15 of each cation under subsection (c), the Authority shall dergarten through grade 4, including at least year thereafter, each District of Columbia public submit to the Board of Education, the Mayor, grade 4, and shall establish dates for estab- school and public charter school shall submit a the District of Columbia Council, and the appro- lishing such other promotion gates for other report to the Mayor and the Board of Education priate congressional committees, the audit con- subject areas. containing the information described in sub- ducted under this subsection. (b) 5TH THROUGH 8TH GRADES.—Not later than section (b) that is applicable to such school. (4) COST OF THE AUDIT.—The Board of Edu- one year after the adoption in accordance with (2) SPECIAL RULE.—Not later than April 1, cation shall reimburse the Authority for the cost section 2411(d) of the assessments described in 1997, and not later than April 1 of each year of the independent audit, solely from amounts section 2411(b)(1)(C), the Superintendent shall thereafter, each public charter school shall sub- appropriated to the Board of Education for establish and implement promotion gates with mit a report in the same form and manner as de- staff, stipends, and other-than-personal-services respect to not less than one grade level from scribed in paragraph (1) to ensure accurate pay- of the Board of Education by an Act making ap- grade 5 through grade 8, including at least ment under section 2503(a)(2)(B)(ii). propriations for the District of Columbia. grade 8. (b) CALCULATION OF NUMBER OF STUDENTS.— (c) 9TH THROUGH 12TH GRADES.—Not later Not later than 30 days after the date of the en- SEC. 2503. PAYMENTS. than one year after the adoption in accordance actment of this Act, and not later than October (a) IN GENERAL.— with section 2411(d) of the assessments described 15 of each year thereafter, the Board of Edu- (1) ESCROW FOR PUBLIC CHARTER SCHOOLS.— in section 2411(b)(1)(C), the Superintendent cation shall calculate the following: Except as provided in subsection (b), for any fis- shall establish and implement promotion gates (1) The number of students, including non- cal year, not later than 10 days after the date of with respect to not less than one grade level resident students and students with special enactment of an Act making appropriations for from grade 9 through grade 12, including at needs, enrolled in each grade from kindergarten the District of Columbia for such fiscal year, the least grade 12. through grade 12 of the District of Columbia Mayor shall place in escrow an amount equal to Subtitle E—Per Capita District of Columbia public schools and in public charter schools, the aggregate of the amounts determined under Public School and Public Charter School and the number of students whose tuition for section 2501(b)(1)(B) for use only by District of Funding enrollment in other schools is paid for with Columbia public charter schools. (2) TRANSFER OF ESCROW FUNDS.— SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS. funds available to the District of Columbia public schools. (A) INITIAL PAYMENT.—Not later than October (a) IN GENERAL.—For fiscal year 1997 and for 15, 1996, and not later than October 15 of each each subsequent fiscal year, the Mayor shall (2) The amount of fees and tuition assessed and collected from the nonresident students de- year thereafter, the Mayor shall transfer, by make annual payments from the general fund of electronic funds transfer, an amount equal to 75 the District of Columbia in accordance with the scribed in paragraph (1). (3) The number of students, including non- percent of the amount of the annual payment formula established under subsection (b). for each public charter school determined by (b) FORMULA.— resident students, enrolled in preschool and pre- using the formula established pursuant to sec- (1) IN GENERAL.—The Mayor and the District kindergarten in the District of Columbia public tion 2501(b) to a bank designated by such of Columbia Council, in consultation with the schools and in public charter schools. school. Board of Education and the Superintendent, (4) The amount of fees and tuition assessed (B) FINAL PAYMENT.— shall establish on or before April 15, 1996, a for- and collected from the nonresident students de- (i) Except as provided in clause (ii), not later mula to determine the amount of— scribed in paragraph (3). (A) the annual payment to the Board of Edu- (5) The number of full time equivalent adult than May 1, 1997, and not later than May 1 of cation for the operating expenses of the District students enrolled in adult, community, con- each year thereafter, the Mayor shall transfer of Columbia public schools, which for purposes tinuing, and vocational education programs in the remainder of the annual payment for a pub- of this paragraph includes the operating ex- the District of Columbia public schools and in lic charter school in the same manner as the ini- penses of the Board of Education and the Office public charter schools. tial payment was made under subparagraph of the Superintendent; and (6) The amount of fees and tuition assessed (A). (B) the annual payment to each public char- and collected from resident and nonresident (ii) Not later than March 15, 1997, and not ter school for the operating expenses of each adult students described in paragraph (5). later than March 15 of each year thereafter, if public charter school. (7) The number of students, including non- the enrollment number of a public charter (2) FORMULA CALCULATION.—Except as pro- resident students, enrolled in nongrade level school has changed from the number reported to vided in paragraph (3), the amount of the an- programs in District of Columbia public schools the Mayor and the Board of Education, as re- nual payment under paragraph (1) shall be cal- and in public charter schools. quired under section 2502(a), the Mayor shall culated by multiplying a uniform dollar amount (8) The amount of fees and tuition assessed increase the payment in an amount equal to 50 used in the formula established under such and collected from nonresident students de- percent of the amount provided for each student paragraph by— scribed in paragraph (7). who has enrolled in such school in excess of (A) the number of students calculated under (c) ANNUAL REPORTS.—Not later than 30 days such enrollment number, or shall reduce the section 2502 that are enrolled at District of Co- after the date of the enactment of this Act, and payment in an amount equal to 50 percent of the lumbia public schools, in the case of the pay- not later than October 15 of each year there- amount provided for each student who has ment under paragraph (1)(A); or after, the Board of Education shall prepare and withdrawn or dropped out of such school below (B) the number of students calculated under submit to the Authority, the Mayor, the District such enrollment number. section 2502 that are enrolled at each public of Columbia Council, the Consensus Commis- (C) PRO RATA REDUCTION OR INCREASE IN PAY- charter school, in the case of a payment under sion, the Comptroller General of the United MENTS.— paragraph (1)(B). States, and the appropriate congressional com- (i) PRO RATA REDUCTION.—If the funds made (3) EXCEPTIONS.— mittees a report containing a summary of the available to the District of Columbia Govern- (A) FORMULA.—Notwithstanding paragraph most recent calculations made under subsection ment for the District of Columbia public school (2), the Mayor and the District of Columbia (b). system and each public charter school for any

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00150 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2491 fiscal year are insufficient to pay the full (2) the term ‘‘repair and improvement’’ in- fined in section 552a of title 5, United States amount that such system and each public char- cludes administration, construction, and ren- Code) of the General Services Administration; ter school is eligible to receive under this subtitle ovation. and for such year, the Mayor shall ratably reduce PART 1—SCHOOL FACILITIES (8) the Administrator making recommenda- such amounts for such year on the basis of the tions regarding how District of Columbia public SEC. 2551. TECHNICAL ASSISTANCE. formula described in section 2501(b). school facilities may be used by the District of (a) IN GENERAL.—Not later than 90 days after (ii) INCREASE.—If additional funds become Columbia community for multiple purposes. available for making payments under this sub- the date of enactment of this Act the Adminis- (c) AGREEMENT PROVISIONS.—The Agreement title for such fiscal year, amounts that were re- trator of the General Services Administration shall include— duced under subparagraph (A) shall be in- shall enter into a Memorandum of Agreement or (1) the procedures by which the Super- creased on the same basis as such amounts were Understanding (referred to in this subtitle as the intendent and Administrator will consult with reduced. ‘‘Agreement’’) with the Superintendent regard- respect to carrying out this section, including (D) UNEXPENDED FUNDS.—Any funds that re- ing the terms under which the Administrator reasonable time frames for such consultation; main in the escrow account for public charter will provide technical assistance and related (2) the scope of the technical assistance and schools on September 30 of a fiscal year shall re- services with respect to District of Columbia related services to be provided by the General vert to the general fund of the District of Co- public schools facilities management in accord- Services Administration in accordance with this lumbia. ance with this section. section; (b) EXCEPTION FOR NEW SCHOOLS.— (b) TECHNICAL ASSISTANCE AND RELATED (3) assurances by the Administrator and the (1) AUTHORIZATION.—There are authorized to SERVICES.—The technical assistance and related Superintendent to cooperate with each other in be appropriated $200,000 for each fiscal year to services described in subsection (a) shall in- any way necessary to ensure implementation of carry out this subsection. clude— the Agreement, including assurances that funds (2) DISBURSEMENT TO MAYOR.—The Secretary (1) the Administrator consulting with and ad- available to the District of Columbia shall be of the Treasury shall make available and dis- vising District of Columbia public school per- used to pay the obligations of the District of Co- burse to the Mayor, not later than August 1 of sonnel responsible for public schools facilities lumbia public school system that are incurred as each of the fiscal years 1996 through 2000, such management, including repair and improvement a result of actions taken under, or in further- funds as have been appropriated under para- with respect to facilities management of such ance of, the Agreement, in addition to funds graph (1). schools; available to the Administrator for purposes of (3) ESCROW.—The Mayor shall place in es- (2) the Administrator assisting the Super- this section; and crow, for use by public charter schools, any sum intendent in developing a systemic and com- (4) the duration of the Agreement, except that disbursed under paragraph (2) and not paid prehensive facilities revitalization program, for in no event shall the Agreement remain in effect under paragraph (4). the repair and improvement of District of Co- later than the day that is 24 months after the (4) PAYMENTS TO SCHOOLS.—The Mayor shall lumbia public school facilities, which program date that the Agreement is signed, or the day pay to public charter schools described in para- shall— that the agency designated pursuant to section graph (5), in accordance with this subsection, (A) include a list of facilities to be repaired 2552(a)(2) assumes responsibility for the District any sum disbursed under paragraph (2). and improved in a recommended order of pri- of Columbia public school facilities, whichever (5) SCHOOLS DESCRIBED.—The schools referred ority; day is earlier. to in paragraph (4) are public charter schools (B) provide the repair and improvement re- (d) LIMITATION ON ADMINISTRATOR’S LIABIL- that— quired to support modern technology; and ITY.—No claim, suit, or action may be brought (A) did not operate as public charter schools (C) take into account the Preliminary Facili- against the Administrator in connection with during any portion of the fiscal year preceding ties Master Plan 2005 (prepared by the Super- the discharge of the Administrator’s responsibil- the fiscal year for which funds are authorized intendent’s Task Force on Education Infra- ities under this subtitle. to be appropriated under paragraph (1); and structure for the 21st Century); (e) SPECIAL RULE.—Notwithstanding any (B) operated as public charter schools during (3) the method by which the Superintendent other provision of law, the Administrator is au- the fiscal year for which funds are authorized will accept donations of private goods and serv- thorized to accept and use a conditioned gift to be appropriated under paragraph (1). ices for use by the District of Columbia public made for the express purpose of repairing or im- (6) FORMULA.— schools without regard to any law or regulation proving a District of Columbia public school, ex- (A) 1996.—The amount of the payment to a of the District of Columbia; cept that the Administrator shall not be required public charter school described in paragraph (5) (4) the Administrator recommending specific to carry out any repair or improvement under that begins operation in fiscal year 1996 shall be repair and improvement projects in District of this section unless the Administrator accepts a calculated by multiplying $6,300 by 1⁄12 of the Columbia public school facilities to the Super- donation of private goods or services sufficient total anticipated enrollment as set forth in the intendent that are appropriate for completion by to cover the costs of such repair or improvement. petition to establish the public charter school; members and units of the National Guard and (f) EFFECTIVE DATE.—This subtitle shall cease and the Reserves in accordance with the program de- to be effective on the earlier day specified in (B) 1997 THROUGH 2000.—The amount of the veloped under paragraph (2); subsection (c)(4). payment to a public charter school described in (5) upon the request of the Superintendent, paragraph (5) that begins operation in any of SEC. 2552. FACILITIES REVITALIZATION PRO- the Administrator assisting the appropriate Dis- GRAM. fiscal years 1997 through 2000 shall be cal- trict of Columbia public school officials in the (a) PROGRAM.—Not later than 24 months after culated by multiplying the uniform dollar preparation of an action plan for the perform- the date that the Agreement is signed, the amount used in the formula established under ance of any repair and improvement rec- Mayor and the District of Columbia Council in section 2501(b) by 1⁄12 of the total anticipated en- ommended in the program developed under consultation with the Administrator, the Au- rollment as set forth in the petition to establish paragraph (2), which action plan shall detail thority, the Board of Education, and the Super- the public charter school. the technical assistance and related services the intendent, shall— (7) PAYMENT TO SCHOOLS.— Administrator proposes to provide in the accom- (1) design and implement a comprehensive (A) TRANSFER.—On September 1 of each of the plishment of the repair and improvement; long-term program for the repair and improve- years 1996 through 2000, the Mayor shall trans- (6) upon the request of the Superintendent, fer, by electronic funds transfer, the amount de- ment, and maintenance and management, of the and if consistent with the efficient use of re- District of Columbia public school facilities, termined under paragraph (6) for each public sources as determined by the Administrator, the charter school from the escrow account estab- which program shall incorporate the work com- coordination of the accomplishment of any re- pleted in accordance with the program described lished under subsection (a) to a bank designated pair and improvement in accordance with the by each such school. in section 2551(b)(2); and action plan prepared under paragraph (5), ex- (2) designate a new or existing agency or au- (B) PRO RATA AND REMAINING FUNDS.—Sub- cept that in carrying out this paragraph, the thority within the District of Columbia Govern- paragraphs (C) and (D) of subsection (a)(2) Administrator shall not be subject to the re- shall apply to payments made under this sub- ment to administer such program. quirements of title III of the Federal Property (b) PROCEEDS.—Such program shall include— section, except that for purposes of this sub- and Administrative Services Act of 1949 (41 (1) identifying short-term funding for capital paragraph references to District of Columbia U.S.C. 251 et seq.), the Office of Federal Pro- and maintenance of facilities, which may in- public schools in such subparagraphs (C) and curement Policy Act (41 U.S.C. 401 et seq.), nor clude retaining proceeds from the sale or lease (D) shall be read to refer to public charter shall such action plan be subject to review of a District of Columbia public school facility; schools. under the bid protest procedures described in and Subtitle F—School Facilities Repair and sections 3551 through 3556 of title 31, United (2) identifying and designating long-term Improvement States Code, or the Contract Disputes Act of funding for capital and maintenance of facili- SEC. 2550. DEFINITIONS. 1978 (41 U.S.C. 601 et seq.); ties. For purposes of this subtitle— (7) providing access for the Administrator to (c) IMPLEMENTATION.—Upon implementation (1) the term ‘‘facilities’’ means buildings, all District of Columbia public school facilities of such program, the agency or authority cre- structures, and real property of the District of as well as permitting the Administrator to re- ated or designated pursuant to subsection (a)(2) Columbia public schools, except that such term quest and obtain any record or document re- shall assume authority and responsibility for does not include any administrative office build- garding such facilities as the Administrator de- the repair and improvement, and maintenance ing that is not located in a building containing termines necessary, except that any such record and management, of District of Columbia public classrooms; and or document shall not become a record (as de- schools.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00151 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2492 CONGRESSIONAL RECORD — SENATE March 20, 1996 SEC. 2553. AUTHORIZATION OF APPROPRIATIONS poses of the establishment and operation of the known as the ‘‘District Education and Learning FOR ENGINEERING PLANS. residential school. Technologies Advancement Council’’ (in this There are authorized to be appropriated to the SEC. 2605. AUTHORIZATION OF APPROPRIATIONS. subtitle referred to as the ‘‘council’’). Administrator, $500,000 for fiscal year 1996, (a) PLAN.—There are authorized to be appro- (2) MEMBERSHIP.— which funds only shall be available for the costs priated to the District of Columbia $100,000 for (A) IN GENERAL.—The private, nonprofit cor- of engineering plans developed to carry out this fiscal year 1996 to develop the plan described in poration shall appoint members to the council. subtitle. section 2601. An individual shall be appointed as a member to PART 2—WAIVERS (b) CAPITAL COSTS.—There are authorized to the council on the basis of the commitment of SEC. 2561. WAIVERS. be appropriated $1,900,000 for fiscal year 1997 to the individual, or the entity which the indi- (a) IN GENERAL.— carry out section 2602(2). vidual is representing, to providing time, energy, and resources to the council. (1) REQUIREMENTS WAIVED.—Subject to sub- Subtitle H—Progress Reports and (B) COMPENSATION.—Members of the council section (b), all District of Columbia fees and all Accountability requirements contained in the document entitled shall serve without compensation. ‘‘District of Columbia Public Schools Standard SEC. 2651. SUPERINTENDENT’S REPORT ON RE- (3) DUTIES.—The council— FORMS. Contract Provisions’’ (as such document was in (A) shall advise the private, nonprofit cor- Not later than December 1, 1996, the Super- effect on November 2, 1995 and including any re- poration with respect to the duties of the cor- intendent shall submit to the appropriate con- visions or modifications to such document) pub- poration under subsections (b) through (e) of gressional committees, the Board of Education, lished by the District of Columbia public schools this section; and the Mayor, the Consensus Commission, and the for use with construction or maintenance (B) shall assist the corporation in leveraging District of Columbia Council a report regarding projects, are waived, for purposes of repair and private sector resources for the purpose of car- the progress of the District of Columbia public improvement of District of Columbia public rying out such duties. schools toward achieving the goals of the long- schools facilities for a period beginning on the (b) ACCESS TO STATE-OF-THE-ART EDU- term reform plan. date of enactment of this Act and ending 24 CATIONAL TECHNOLOGY.— months after such date. SEC. 2652. DISTRICT OF COLUMBIA COUNCIL RE- (1) IN GENERAL.—The private, nonprofit cor- PORT. (2) DONATIONS.—An employer may accept, poration, in conjunction with the Super- and persons may voluntarily donate, materials Not later than April 1, 1997, the Chairperson intendent, students, parents, and teachers, shall and services for the repair and improvement of of the District of Columbia Council shall submit establish and implement strategies to ensure ac- a District of Columbia public school facility: to the appropriate congressional committees a cess to state-of-the-art educational technology Provided, That the provision of voluntary labor report describing legislative and other actions within the District of Columbia public schools meets the requirements of 29 U.S.C. 203(e)(4). the District of Columbia Council has taken or and public charter schools. (b) LIMITATION.—A waiver under subsection will take to facilitate the implementation of the (2) ELECTRONIC DATA TRANSFER SYSTEM.—The (a) shall not apply to requirements under 40 goals of the long-term reform plan. private, nonprofit corporation shall assist the U.S.C. 276a–276a–7. Subtitle I—Partnerships With Business Superintendent in acquiring the necessary equipment, including computer hardware and PART 3—GIFTS, DONATIONS, BEQUESTS, SEC. 2701. PURPOSE. software, to establish an electronic data transfer AND DEVISES The purpose of this subtitle is— system. The private, nonprofit corporation shall (1) to leverage private sector funds utilizing SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND also assist in arranging for training of District DEVISES. initial Federal investments in order to provide of Columbia public school employees in using (a) IN GENERAL.—A District of Columbia pub- students and teachers within the District of Co- such equipment. lic school or a public charter school may accept lumbia public schools and public charter schools (3) TECHNOLOGY ASSESSMENT.— directly from any person a gift, donation, be- with access to state-of-the-art educational tech- (A) IN GENERAL.—In establishing and imple- quest, or devise of any property, real or per- nology; menting the strategies under paragraph (1), the sonal, without regard to any law or regulation (2) to establish a regional job training and em- private, nonprofit corporation, not later than of the District of Columbia. ployment center; September 1, 1996, shall provide for an assess- (b) TAX LAWS.—For the purposes of the in- (3) to strengthen workforce preparation initia- ment of the availability, on the date of enact- come tax, gift tax, and estate tax laws of the tives for students within the District of Colum- ment of this Act, of state-of-the-art educational Federal Government, any money or other prop- bia public schools and public charter schools; technology within the District of Columbia pub- erty given, donated, bequeathed, or devised to a (4) to coordinate private sector investments in lic schools and public charter schools. District of Columbia public school or a public carrying out this title; and (B) CONDUCT OF ASSESSMENT.—In providing charter school, shall be deemed to have been (5) to assist the Superintendent with the de- for the assessment under subparagraph (A), the given, donated, bequeathed, or devised to or for velopment of individual career paths in accord- private, nonprofit corporation— the use of the District of Columbia. ance with the long-term reform plan. (i) shall provide for onsite inspections of the Subtitle G—Residential School SEC. 2702. DUTIES OF THE SUPERINTENDENT OF state-of-the-art educational technology within a SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED. THE DISTRICT OF COLUMBIA PUBLIC minimum sampling of District of Columbia pub- SCHOOLS. (a) IN GENERAL.—The Superintendent is au- lic schools and public charter schools; and thorized to develop a plan to establish for the Not later than 45 days after the date of the (ii) shall ensure proper input from students, District of Columbia a residential school for aca- enactment of this Act, the Superintendent shall parents, teachers, and other school officials demic year 1997–1998 and to assist in the startup provide a grant to a private, nonprofit corpora- through the use of focus groups and other ap- of such school. tion that meets the eligibility criteria under sec- propriate mechanisms. (b) PLAN REQUIREMENTS.—If developed, the tion 2703 for the purposes of carrying out the (C) RESULTS OF ASSESSMENT.—The private, plan for the residential school shall include, at duties under sections 2704 and 2707. nonprofit corporation shall ensure that the as- a minimum— SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, sessment carried out under this paragraph pro- (1) options for the location of the school, in- NONPROFIT CORPORATION. vides, at a minimum, necessary information on cluding the renovation or construction of a fa- A private, nonprofit corporation shall be eligi- state-of-the-art educational technology within cility; ble to receive a grant under section 2702 if the the District of Columbia public schools and pub- (2) financial plans for the facility, including corporation is a national business organization lic charter schools, including— annual costs to operate the school, capital ex- incorporated in the District of Columbia, that— (i) the extent to which typical District of Co- penditures required to open the facility, mainte- (1) has a board of directors which includes lumbia public schools have access to such state- nance of facilities, and staffing costs; and members who are also chief executive officers of of-the-art educational technology and training (3) staff development and training plans. technology-related corporations involved in edu- for such technology; SEC. 2602. USE OF FUNDS. cation and workforce development issues; (ii) how such schools are using such tech- Funds under this subtitle may be used— (2) has extensive practical experience with ini- nology; (1) to develop the plan described in section tiatives that link business resources and exper- (iii) the need for additional technology and 2601; and tise with education and training systems; the need for infrastructure for the implementa- (2) for capital costs associated with the start- (3) has experience in working with State and tion of such additional technology; up of a residential school, including the pur- local educational agencies throughout the (iv) the need for computer hardware, soft- chase of real and personal property and the ren- United States with respect to the integration of ware, training, and funding for such additional ovation or construction of facilities. academic studies with workforce preparation technology or infrastructure; and SEC. 2603. FUTURE FUNDING. programs; and (v) the potential for computer linkages among The Superintendent shall identify, not later (4) has a nationwide structure through which District of Columbia public schools and public than December 31, 1996, in a report to the additional resources can be leveraged and inno- charter schools. Mayor, the District of Columbia Council, the vative practices disseminated. (4) SHORT-TERM TECHNOLOGY PLAN.— Authority, and the appropriate congressional SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT (A) IN GENERAL.—Based upon the results of committees, non-Federal funding sources for the CORPORATION. the technology assessment under paragraph (3), operation of the residential school. (a) DISTRICT EDUCATION AND LEARNING TECH- the private, nonprofit corporation shall develop SEC. 2604. GIFTS. NOLOGIES ADVANCEMENT COUNCIL.— a 3-year plan that includes goals, priorities, and The Superintendent may accept donations of (1) ESTABLISHMENT.—The private, nonprofit strategies for obtaining the resources necessary money, property, and personal services for pur- corporation shall establish a council to be to implement strategies to ensure access to state-

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00152 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2493 of-the-art educational technology within the studies with workforce preparation programs in sional committees on a quarterly basis, or, with District of Columbia public schools and public District of Columbia public schools and public respect to fiscal year 1996, on a biannual basis, charter schools. charter schools. a report which shall contain— (B) IMPLEMENTATION.—The private, nonprofit (2) CONDUCT OF INITIATIVES.—In carrying out (1) the activities the corporation has carried corporation, in conjunction with schools, stu- the initiatives under paragraph (1), the private, out, including the duties of the corporation de- dents, parents, and teachers, shall implement nonprofit corporation shall, at a minimum, ac- scribed in section 2704, for the 3-month period the plan developed under subparagraph (A). tively develop, expand, and promote the fol- ending on the date of the submission of the re- (5) LONG-TERM TECHNOLOGY PLAN.—Prior to lowing programs: port, or, with respect to fiscal year 1996, the 6- the completion of the implementation of the (A) Career academy programs in secondary month period ending on the date of the submis- short-term technology plan under paragraph schools, as such programs are established in cer- sion of the report; (4), the private, nonprofit corporation shall de- tain District of Columbia public schools, which (2) an assessment of the use of funds or other velop a plan under which the corporation will provide a school-within-a-school concept, focus- resources donated to the corporation; continue to coordinate the donation of private ing on career preparation and the integration of (3) the results of the assessment carried out the academy programs with vocational and sector resources for maintaining the continuous under section 2704(b)(3); and improvement and upgrading of state-of-the-art technical curriculum. (B) Programs carried out in the District of Co- (4) a description of the goals and priorities of educational technology within the District of the corporation for the 3-month period begin- Columbia public schools and public charter lumbia that are funded under the School-to- Work Opportunities Act of 1994 (20 U.S.C. 6101 ning on the date of the submission of the report, schools. or, with respect to fiscal year 1996, the 6-month (c) DISTRICT EMPLOYMENT AND LEARNING CEN- et seq.). (e) PROFESSIONAL DEVELOPMENT PROGRAM period beginning on the date of the submission TER.— FOR TEACHERS AND ADMINISTRATORS.— of the report. (1) ESTABLISHMENT.—The private, nonprofit (1) ESTABLISHMENT OF PROGRAM.—The pri- corporation shall establish a center to be known SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM. vate, nonprofit corporation shall establish a as the ‘‘District Employment and Learning Cen- (a) IN GENERAL.—The nonprofit corporation consortium consisting of the corporation, teach- ter’’ (in this subtitle referred to as the ‘‘cen- shall establish a program, to be known as the ers, school administrators, and the consortium ter’’), which shall serve as a regional institute ‘‘Jobs for D.C. Graduates Program’’, to assist of universities located in the District of Colum- providing job training and employment assist- District of Columbia public schools and public bia (in existence on the date of the enactment of charter schools in organizing and implementing ance. this Act), for the purpose of establishing a pro- (2) DUTIES.— a school-to-work transition system, which sys- gram for the professional development of teach- (A) JOB TRAINING AND EMPLOYMENT ASSIST- tem shall give priority to providing assistance to ers and school administrators employed by the ANCE PROGRAM.—The center shall establish a at-risk youths and disadvantaged youths. District of Columbia public schools and public program to provide job training and employment (b) CONDUCT OF PROGRAM.—In carrying out charter schools. the program established under subsection (a), assistance in the District of Columbia and shall ONDUCT OF PROGRAM.—In carrying out (2) C the nonprofit corporation, consistent with the coordinate with career preparation programs in the program established under paragraph (1), policies of the nationally recognized Jobs for existence on the date of enactment of this Act, the consortium established under such para- America’s Graduates, Inc., shall— such as vocational education, school-to-work, graph, in consultation with the task force estab- (1) establish performance standards for such and career academies in the District of Columbia lished under subtitle D and the Superintendent, program; public schools. at a minimum, shall provide for the following: (B) CONDUCT OF PROGRAM.—In carrying out (A) Professional development for teachers con- (2) provide ongoing enhancement and im- the program established under subparagraph sistent with the model professional development provements in such program; (A), the center— programs for teachers under section 2411(b)(4), (3) provide research and reports on the results (i) shall provide job training and employment or consistent with the core curriculum developed of such program; and assistance to youths who have attained the age by the Superintendent under section 2411(b)(2), (4) provide preservice and inservice training. of 18 but have not attained the age of 26, who as the case may be, except that for fiscal year SEC. 2708. AUTHORIZATION OF APPROPRIATIONS. are residents of the District of Columbia, and 1996, such professional development shall focus (a) AUTHORIZATION.— who are in need of such job training and em- on curriculum for elementary school grades in (1) DELTA COUNCIL; ACCESS TO STATE-OF-THE- ployment assistance for an appropriate period reading and mathematics that have been dem- ART EDUCATIONAL TECHNOLOGY; AND WORKFORCE not to exceed 2 years; onstrated to be effective for students from low- PREPARATION INITIATIVES.—There are author- (ii) shall work to establish partnerships and income backgrounds. ized to be appropriated to carry out subsections enter into agreements with appropriate agencies (B) Professional development for principals, (a), (b), and (d) of section 2704, $1,000,000 for of the District of Columbia Government to serve with a special emphasis on middle school prin- each of the fiscal years 1996, 1997, and 1998. individuals participating in appropriate Federal cipals, focusing on effective practices that re- (2) DEAL CENTER.—There are authorized to be programs, including programs under the Job duce the number of students who drop out of appropriated to carry out section 2704(c), Training Partnership Act (29 U.S.C. 1501 et school. $2,000,000 for each of the fiscal years 1996, 1997, seq.), the Job Opportunities and Basic Skills (C) Private sector training of teachers in the and 1998. Training Program under part F of title IV of the use, application, and operation of state-of-the- (3) PROFESSIONAL DEVELOPMENT PROGRAM FOR Social Security Act (42 U.S.C. 681 et seq.), the art technology in education. TEACHERS AND ADMINISTRATORS.—There are au- Carl D. Perkins Vocational and Applied Tech- (D) Training for school principals and other thorized to be appropriated to carry out section nology Education Act (20 U.S.C. 2301 et seq.), school administrators in effective private sector 2704(e), $1,000,000 for each of the fiscal years and the School-to-Work Opportunities Act of management practices for the purpose of site- 1996, 1997, and 1998. 1994 (20 U.S.C. 6101 et seq.); based management in the District of Columbia (4) JOBS FOR D.C. GRADUATES PROGRAM.— (iii) shall conduct such job training, as appro- public schools, and training in the management There are authorized to be appropriated to carry priate, through a consortium of colleges, univer- of public charter schools established in accord- out section 2707— sities, community colleges, businesses, and other ance with this title. (A) $2,000,000 for fiscal year 1996; and appropriate providers, in the District of Colum- SEC. 2705. MATCHING FUNDS. bia metropolitan area; The private, nonprofit corporation, to the ex- (B) $3,000,000 for each of the fiscal years 1997 (iv) shall design modular training programs tent practicable, shall provide matching funds, through 2000. that allow students to enter and leave the train- or in-kind contributions, or a combination (b) AVAILABILITY.—Amounts authorized to be ing curricula depending on their opportunities thereof, for the purpose of carrying out the du- appropriated under subsection (a) are author- for job assignments with employers; and ties of the corporation under section 2704, as fol- ized to remain available until expended. (v) shall utilize resources from businesses to lows: SEC. 2709. TERMINATION OF FEDERAL SUPPORT; enhance work-based learning opportunities and (1) For fiscal year 1996, the nonprofit corpora- SENSE OF THE CONGRESS RELATING facilitate access by students to work-based tion shall provide matching funds or in-kind TO CONTINUATION OF ACTIVITIES. learning and work experience through tem- contributions of $1 for every $1 of Federal funds (a) TERMINATION OF FEDERAL SUPPORT.—The porary work assignments with employers in the provided under this subtitle for such year for authority under this subtitle to provide assist- District of Columbia metropolitan area. activities under section 2704. ance to the private, nonprofit corporation or (C) COMPENSATION.—The center may provide (2) For fiscal year 1997, the nonprofit corpora- any other entity established pursuant to this compensation to youths participating in the pro- tion shall provide matching funds or in-kind subtitle shall terminate on October 1, 1998. gram under this paragraph for part-time work contributions of $3 for every $1 of Federal funds (b) SENSE OF THE CONGRESS RELATING TO CON- assigned in conjunction with training. Such provided under this subtitle for such year for TINUATION OF ACTIVITIES.—It is the sense of the compensation may include need-based payments activities under section 2704. Congress that— and reimbursement of expenses. (3) For fiscal year 1998, the nonprofit corpora- (1) the activities of the private, nonprofit cor- (d) WORKFORCE PREPARATION INITIATIVES.— tion shall provide matching funds or in-kind poration under section 2704 should continue to (1) IN GENERAL.—The private, nonprofit cor- contributions of $5 for every $1 of Federal funds be carried out after October 1, 1998, with re- poration shall establish initiatives with the Dis- provided under this subtitle for such year for sources made available from the private sector; trict of Columbia public schools, and public activities under section 2704. and charter schools, appropriate governmental agen- SEC. 2706. REPORT. (2) the corporation should provide oversight cies, and businesses and other private entities, The private, nonprofit corporation shall pre- and coordination for such activities after such to facilitate the integration of rigorous academic pare and submit to the appropriate congres- date.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00153 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2494 CONGRESSIONAL RECORD — SENATE March 20, 1996 Subtitle J—Management and Fiscal trict of Columbia Self-Government and Govern- Subtitle K—Personal Accountability and Accountability mental Reorganization Act, Public Law 93–198 Preservation of School-Based Resources SEC. 2751. MANAGEMENT SUPPORT SYSTEMS. (D.C. Code, sec. 47–301). SEC. 2801. PRESERVATION OF SCHOOL-BASED (a) FOOD SERVICES AND SECURITY SERVICES.— SEC. 2754. ACCESS TO FISCAL AND STAFFING STAFF POSITIONS. Notwithstanding any other law, rule, or regula- DATA. (a) RESTRICTIONS ON REDUCTIONS OF SCHOOL- tion, the Board of Education shall enter into a (a) IN GENERAL.—The budget, financial-ac- BASED EMPLOYEES.—To the extent that a reduc- contract for academic year 1995–1996 and each counting, personnel, payroll, procurement, and tion in the number of full-time equivalent posi- succeeding academic year, for the provision of management information systems of the District tions for the District of Columbia public schools all food services operations and security services of Columbia public schools shall be coordinated is required to remain within the number of full- for the District of Columbia public schools, un- and interface with related systems of the Dis- time equivalent positions established for the less the Superintendent determines that it is not trict of Columbia Government. public schools in appropriations Acts, no reduc- feasible and provides the Superintendent’s rea- (b) ACCESS.—The Board of Education shall tions shall be made from the full-time equivalent sons in writing to the Board of Education and provide read-only access to its internal financial positions for school-based teachers, principals, the Authority. management systems and all other data bases to counselors, librarians, or other school-based (b) DEVELOPMENT OF NEW MANAGEMENT AND designated staff of the Mayor, the Council, the educational positions that were established as of DATA SYSTEMS.—Notwithstanding any other Authority, and appropriate congressional com- the end of fiscal year 1995, unless the Authority law, rule, or regulation, the Board of Education mittees. makes a determination based on student enroll- shall, in academic year 1995–1996, consult with SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 ment that— the Authority on the development of new man- BUDGET REQUEST. (1) fewer school-based positions are needed to agement and data systems, as well as training of (a) IN GENERAL.—The Board of Education maintain established pupil-to-staff ratios; or personnel to use and manage the systems in shall develop its fiscal year 1997 gross operating (2) reductions in positions for other than areas of budget, finance, personnel and human budget and its fiscal year 1997 appropriated school-based employees are not practicable. resources, management information services, funds budget request in accordance with this (b) DEFINITION.—The term ‘‘school-based edu- procurement, supply management, and other section. cational position’’ means a position located at a systems recommended by the Authority. Such (b) FISCAL YEAR 1996 BUDGET REVISION.—Not District of Columbia public school or other posi- plans shall be consistent with, and contempora- later than February 15, 1996, the Board of Edu- tion providing direct support to students at such neous to, the District of Columbia Government’s cation shall develop, approve, and submit to the a school, including a position for a clerical, development and implementation of a replace- Mayor, the District of Columbia Council, the stenographic, or secretarial employee, but not ment for the financial management system for Authority, and appropriate congressional com- including any part-time educational aide posi- the District of Columbia Government in use on mittees, a revised fiscal year 1996 gross oper- tion. the date of enactment of this Act. ating budget that reflects the amount appro- SEC. 2802. MODIFICATIONS OF BOARD OF EDU- SEC. 2752. ANNUAL REPORTING REQUIREMENTS. priated in the District of Columbia Appropria- CATION REDUCTION-IN-FORCE PRO- (a) IN GENERAL.—The Board of Education tions Act, 1996, and which— CEDURES. shall annually compile an accurate and (1) is broken out on the basis of appropriated The District of Columbia Government Com- verifiable report on the positions and employees funds and nonappropriated funds, control cen- prehensive Merit Personnel Act of 1978 (D.C. in the District of Columbia public school system. ter, responsibility center, agency reporting code, Code, sec. 1–601.1 et seq.) is amended— The annual report shall set forth— object class, and object; and (1) in section 301 (D.C. Code, sec. 1.603.1)— (1) the number of validated schedule A posi- (2) indicates by position title, grade, and (A) by inserting after paragraph (13), the fol- tions in the District of Columbia public schools agency reporting code, all staff allocated to lowing new paragraph: for fiscal year 1995, fiscal year 1996, and there- each District of Columbia public school as of ‘‘(13A) The term ‘nonschool-based personnel’ after on a full-time equivalent basis, including a October 15, 1995, and indicates on an object means any employee of the District of Columbia compilation of all positions by control center, re- class basis all other-than-personal-services fi- public schools who is not based at a local school sponsibility center, funding source, position nancial resources allocated to each school. or who does not provide direct services to indi- type, position title, pay plan, grade, and annual (c) ZERO-BASE BUDGET.—For fiscal year 1997, vidual students.’’; and salary; and the Board of Education shall build its gross op- (B) by inserting after paragraph (15), the fol- (2) a compilation of all employees in the Dis- erating budget and appropriated funds request lowing new paragraph: trict of Columbia public schools as of December from a zero-base, starting from the local school ‘‘(15A) The term ‘school administrators’ means 31, of the year preceding the year for which the level through the central office level. principals, assistant principals, school program report is made, verified as to its accuracy in ac- (d) SCHOOL-BY-SCHOOL BUDGETS.—The Board directors, coordinators, instructional super- cordance with the functions that each employee of Education’s initial fiscal year 1997 gross oper- visors, and support personnel of the District of actually performs, by control center, responsi- ating budget and appropriated funds budget re- Columbia public schools.’’; bility center, agency reporting code, program quest submitted to the Mayor, the District of Co- (2) in section 801A(b)(2) (D.C. Code, sec. 1– (including funding source), activity, location for lumbia Council, and the Authority shall contain 609.1(b)(2)(L)— accounting purposes, job title, grade and classi- school-by-school budgets and shall also— (A) by striking ‘‘(L) reduction-in-force’’ and fication, annual salary, and position control (1) be broken out on the basis of appropriated inserting ‘‘(L)(i) reduction-in-force’’; and number. funds and nonappropriated funds, control cen- (B) by inserting after subparagraph (L)(i), the (b) SUBMISSION.—The annual report required ter, responsibility center, agency reporting code, following new clause: by subsection (a) shall be submitted to the Con- object class, and object; ‘‘(ii) Notwithstanding any other provision of gress, the Mayor, the District of Columbia (2) indicate by position title, grade, and agen- law, the Board of Education shall not issue Council, the Consensus Commission, and the cy reporting code all staff budgeted for each rules that require or permit nonschool-based Authority, not later than February 8, 1996, and District of Columbia public school, and indicate personnel or school administrators to be as- each February 8 thereafter. on an object class basis all other-than-personal- signed or reassigned to the same competitive SEC. 2753. ANNUAL BUDGETS AND BUDGET REVI- services financial resources allocated to each level as classroom teachers;’’; and SIONS. school; and (3) in section 2402 (D.C. Code, sec. 1–625.2), by (a) IN GENERAL.—Not later than October 1, (3) indicate the amount and reason for all adding at the end the following new subsection: 1996, or prior to 15 calendar days after the date changes made to the initial fiscal year 1997 gross ‘‘(f) Notwithstanding any other provision of of the enactment of the District of Columbia Ap- operating budget and appropriated funds re- law, the Board of Education shall not require or propriations Act, 1996, whichever occurs first, quest from the revised fiscal year 1996 gross op- permit nonschool-based personnel or school ad- and each succeeding year thereafter, the Board erating budget required by subsection (b). ministrators to be assigned or reassigned to the of Education shall submit to the appropriate SEC. 2756. TECHNICAL AMENDMENTS. same competitive level as classroom teachers.’’. congressional committees, the Mayor, the Dis- Section 1120A of the Elementary and Sec- SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUA- trict of Columbia Council, the Consensus Com- ondary Education Act of 1965 (20 U.S.C. 6322) is TIONS. mission, and the Authority, a revised appro- amended— Notwithstanding any other provision of law, priated funds operating budget for the District (1) in subsection (b)(1), by— rule, or regulation, the evaluation process and of Columbia public school system for such fiscal (A) striking ‘‘(A) Except as provided in sub- instruments for evaluating District of Columbia year that is consistent with the total amount paragraph (B), a State’’ and inserting ‘‘A public school employees shall be a nonnegotiable appropriated in an Act making appropriations State’’; and item for collective bargaining purposes. for the District of Columbia for such fiscal year (B) striking subparagraph (B); and SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC and that realigns budgeted data for personal (2) by adding at the end thereof the following SCHOOL EMPLOYEES. services and other than personal services, with new subsection: (a) IN GENERAL.—Notwithstanding any other anticipated actual expenditures. ‘‘(d) EXCLUSION OF FUNDS.—For the purpose provision of law, rule, or regulation, an em- (b) SUBMISSION.—The revised budget required of complying with subsections (b) and (c), a ployee of a District of Columbia public school by subsection (a) shall be submitted in the for- State or local educational agency may exclude shall be— mat of the budget that the Board of Education supplemental State or local funds expended in (1) classified as an educational service em- submits to the Mayor for inclusion in the May- any school attendance area or school for pro- ployee; or’s budget submission to the District of Colum- grams that meet the intent and purposes of this (2) placed under the personnel authority of bia Council pursuant to section 442 of the Dis- part.’’. the Board of Education; and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00154 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2495 (3) subject to all Board of Education rules. writing request, from amounts available to the (1) To monitor and comment on the develop- (b) SCHOOL-BASED PERSONNEL.—School-based Board of Education. ment and implementation of the long-term re- personnel shall constitute a separate competitive SEC. 2852. PRIMARY PURPOSE AND FINDINGS. form plan. area from nonschool-based personnel who shall (a) PURPOSE.—The primary purpose of the (2) To exercise its authority, as provided in not compete with school-based personnel for re- Consensus Commission is to assist in developing this subtitle, as necessary to facilitate implemen- tention purposes. a long-term reform plan that has the support of tation of the long-term reform plan. (3) To review and comment on the budgets of Subtitle L—Establishment and Organization the District of Columbia community through the the Board of Education, the District of Colum- of the Commission on Consensus Reform in participation of representatives of various critical segments of such community in helping to bia public schools and public charter schools. the District of Columbia Public Schools (4) To recommend rules concerning the man- develop and approve the plan. SEC. 2851. COMMISSION ON CONSENSUS REFORM agement and direction of the Board of Edu- (b) FINDINGS.—The Congress finds that— IN THE DISTRICT OF COLUMBIA PUB- cation that address obstacles to the development LIC SCHOOLS. (1) experience has shown that the failure of the District of Columbia educational system has or implementation of the long-term reform plan. (a) ESTABLISHMENT.— (5) To review and comment on the core cur- been due more to the failure to implement a plan (1) IN GENERAL.—There is established within riculum for kindergarten through grade 12 de- than the failure to develop a plan; the District of Columbia Government a Commis- veloped under subtitle D. sion on Consensus Reform in the District of Co- (2) national studies indicate that 50 percent of (6) To review and comment on a core cur- lumbia Public Schools, consisting of 7 members secondary school graduates lack basic literacy riculum for prekindergarten, vocational and to be appointed in accordance with paragraph skills, and over 30 percent of the 7th grade stu- technical training, and adult education. (2). dents in the District of Columbia public schools (7) To review and comment on all other edu- (2) MEMBERSHIP.—The Consensus Commission drop out of school before graduating; cational programs carried out by the Board of shall consist of the following members: (3) standard student assessments indicate only Education and public charter schools. (A) 1 member to be appointed by the President average performance for grade level and fail to (8) To review and comment on the districtwide chosen from a list of 3 proposed members sub- identify individual students who lack basic assessments for measuring student achievement mitted by the Majority Leader of the Senate. skills, allowing too many students to graduate in the core curriculum developed under subtitle (B) 1 member to be appointed by the President lacking these basic skills and diminishing the D. chosen from a list of 3 proposed members sub- worth of a diploma; (9) To review and comment on the model pro- mitted by the Speaker of the House of Rep- (4) experience has shown that successful fessional development programs for teachers resentatives. schools have good community, parent, and busi- using the core curriculum developed under sub- (C) 2 members to be appointed by the Presi- ness involvement; title D. (5) experience has shown that reducing drop- IMITATIONS dent, of which 1 shall represent the local busi- (d) L .— out rates in the critical middle and secondary (1) IN GENERAL.—Except as otherwise provided ness community and 1 of which shall be a teach- school years requires individual student involve- in this subtitle, the Consensus Commission shall er in a District of Columbia public school. have no powers to involve itself in the manage- (D) The President of the District of Columbia ment and attention through such activities as ment or operation of the Board of Education Congress of Parents and Teachers. arts or athletics; and (6) experience has shown that close coordina- with respect to the implementation of the long- (E) The President of the Board of Education. tion between educators and business persons is term reform plan. (F) The Superintendent. required to provide noncollege-bound students (2) SPECIAL RULE.—If the Consensus Commis- (G) The Mayor and District of Columbia the skills necessary for employment, and that sion determines that the Board of Education has Council Chairman shall each name 1 nonvoting personal attention is vitally important to assist failed to take an action necessary to develop or ex officio member. each student in developing an appropriate ca- implement the long-term reform plan or that the (H) The Chief of the National Guard Bureau reer path. Board of Education is unable to do so, the Con- who shall be an ex officio member. SEC. 2853. DUTIES AND POWERS OF THE CON- sensus Commission shall request the Authority (3) TERMS OF SERVICE.—The members of the SENSUS COMMISSION. to take appropriate action, and the Authority Consensus Commission shall serve for a term of (a) PRIMARY RESPONSIBILITY.—The Board of shall take such action as the Authority deems 3 years. Education and the Superintendent shall have appropriate, to develop or implement, as the (4) VACANCIES.—Any vacancy in the member- primary responsibility for developing and imple- case may be, the long-term reform plan. ship of the Consensus Commission shall be filled menting the long-term reform plan for education SEC. 2854. IMPROVING ORDER AND DISCIPLINE. by the appointment of a new member in the in the District of Columbia. (a) COMMUNITY SERVICE REQUIREMENT FOR same manner as provided for the vacated mem- (b) DUTIES.—The Consensus Commission SUSPENDED STUDENTS.— bership. A member appointed under this para- shall— (1) IN GENERAL.—Any student suspended from graph shall serve the remaining term of the va- (1) identify any obstacles to implementation of classes at a District of Columbia public school cated membership. the long-term reform plan and suggest ways to who is required to serve the suspension outside (5) QUALIFICATIONS.—Members of the Con- remove such obstacles; the school shall perform community service for sensus Commission appointed under subpara- (2) assist in developing programs that— the period of suspension. The community service graphs (A), (B), and (C) of paragraph (2) shall (A) ensure every student in a District of Co- required by this subsection shall be subject to be residents of the District of Columbia and lumbia public school achieves basic literacy rules and regulations promulgated by the shall have a knowledge of public education in skills; Mayor. the District of Columbia. (B) ensure every such student possesses the (2) EFFECTIVE DATE.—This subsection shall (6) CHAIR.—The Chair of the Consensus Com- knowledge and skills necessary to think criti- take effect on the first day of the 1996–1997 aca- mission shall be chosen by the Consensus Com- cally and communicate effectively by the com- demic year. mission from among its members, except that the pletion of grade 8; and (b) EXPIRATION DATE.—This section, and sec- President of the Board of Education and the Su- (C) lower the dropout rate in the District of tions 2101(b)(1)(K) and 2851(a)(2)(H), shall cease perintendent shall not be eligible to serve as Columbia public schools; to be effective on the last day of the 1997–1998 Chair. (3) assist in developing districtwide assess- academic year. (7) NO COMPENSATION FOR SERVICE.—Members ments, including individual assessments, that (c) REPORT.—The Consensus Commission shall of the Consensus Commission shall serve with- identify District of Columbia public school stu- study the effectiveness of the policies imple- out pay, but may receive reimbursement for any dents who lack basic literacy skills, with par- mented pursuant to this section in improving reasonable and necessary expenses incurred by ticular attention being given to grade 4 and the order and discipline in District of Columbia pub- reason of service on the Consensus Commission. middle school years, and establish procedures to lic schools and report its findings to the appro- (b) EXECUTIVE DIRECTOR.—The Consensus ensure that a teacher is made accountable for priate congressional committees not later than Commission shall have an Executive Director the performance of every such student in such 60 days prior to the last day of the 1997–1998 who shall be appointed by the Chair with the teacher’s class; academic year. consent of the Consensus Commission. The Ex- (4) make recommendations to improve commu- SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS. ecutive Director shall be paid at a rate deter- nity, parent, and business involvement in Dis- (a) IN GENERAL.—The Consensus Commission mined by the Consensus Commission, except trict of Columbia public schools and public may examine and request the Inspector General that such rate may not exceed the highest rate charter schools; of the District of Columbia or the Authority to of pay payable for level EG–16 of the Edu- (5) assess opportunities in the District of Co- audit the records of the Board of Education to cational Service of the District of Columbia. lumbia to increase individual student involve- ensure, monitor, and evaluate the performance (c) STAFF.—With the approval of the Chair ment and attention through such activities as of the Board of Education with respect to com- and the Authority, the Executive Director may arts or athletics, and make recommendations on pliance with the long-term reform plan and such appoint and fix the pay of additional personnel how to increase such involvement; and plan’s overall educational achievement. The as the Executive Director considers appropriate, (6) assist in the establishment of procedures Consensus Commission shall conduct an annual except that no individual appointed by the Ex- that ensure every District of Columbia public review of the educational performance of the ecutive Director may be paid at a rate greater school student is provided the skills necessary Board of Education with respect to meeting the than the rate of pay for the Executive Director. for employment, including the development of goals of such plan for such year. The Board of (d) SPECIAL RULE.—The Board of Education, individual career paths. Education shall cooperate and assist in the re- or the Authority, shall reprogram such funds, as (c) POWERS.—The Consensus Commission view or audit as requested by the Consensus the Chair of the Consensus Commission shall in shall have the following powers: Commission.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00155 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2496 CONGRESSIONAL RECORD — SENATE March 20, 1996

(b) AUDIT.—The Consensus Commission may 1010 of Public Law 96–487 (16 U.S.C. 3150), and Law 94–579 including administrative expenses examine and request the Inspector General of of which $4,000,000 shall be derived from the and acquisition of lands or waters, or interests the District of Columbia or the Authority to special receipt account established by section 4 therein, $12,800,000 to be derived from the Land audit the records of any public charter school to of the Land and Water Conservation Fund Act and Water Conservation Fund, to remain avail- assure, monitor, and evaluate the performance of 1965, as amended (16 U.S.C. 460l–6a(i)): Pro- able until expended. of the public charter school with respect to the vided, That appropriations herein made shall OREGON AND CALIFORNIA GRANT LANDS content standards and districtwide assessments not be available for the destruction of healthy, For expenses necessary for management, pro- described in section 2411(b). The Consensus unadopted, wild horses and burros in the care tection, and development of resources and for Commission shall receive a copy of each public of the Bureau or its contractors; and in addi- construction, operation, and maintenance of ac- charter school’s annual report. tion, $27,650,000 for Mining Law Administration cess roads, reforestation, and other improve- SEC. 2856. INVESTIGATIVE POWERS. program operations, to remain available until ments on the revested Oregon and California The Consensus Commission may investigate expended, to be reduced by amounts collected by Railroad grant lands, on other Federal lands in any action or activity which may hinder the the Bureau of Land Management and credited the Oregon and California land-grant counties progress of any part of the long-term reform to this appropriation from annual mining claim of Oregon, and on adjacent rights-of-way; and plan. The Board of Education shall cooperate fees so as to result in a final appropriation esti- acquisition of lands or interests therein includ- and assist the Consensus Commission in any in- mated at not more than $567,753,000: Provided ing existing connecting roads on or adjacent to vestigation. Reports of the findings of any such further, That in addition to funds otherwise such grant lands; $97,452,000, to remain avail- investigation shall be provided to the Board of available, and to remain available until ex- able until expended: Provided, That 25 per cen- Education, the Superintendent, the Mayor, the pended, not to exceed $5,000,000 from annual tum of the aggregate of all receipts during the District of Columbia Council, the Authority, mining claim fees shall be credited to this ac- current fiscal year from the revested Oregon and and the appropriate congressional committees. count for the costs of administering the mining California Railroad grant lands is hereby made claim fee program, and $2,000,000 from commu- a charge against the Oregon and California SEC. 2857. RECOMMENDATIONS OF THE CON- land-grant fund and shall be transferred to the SENSUS COMMISSION. nication site rental fees established by the Bu- General Fund in the Treasury in accordance (a) IN GENERAL.—The Consensus Commission reau. with the provisions of the second paragraph of may at any time submit recommendations to the WILDLAND FIRE MANAGEMENT subsection (b) of title II of the Act of August 28, Board of Education, the Mayor, the District of For necessary expenses for fire use and man- 1937 (50 Stat. 876). Columbia Council, the Authority, the Board of agement, fire preparedness, emergency RANGE IMPROVEMENTS Trustees of any public charter school and the presuppression, suppression operations, emer- For rehabilitation, protection, and acquisition Congress with respect to actions the District of gency rehabilitation, and renovation or con- of lands and interests therein, and improvement Columbia Government or the Federal Govern- struction of fire facilities in the Department of of Federal rangelands pursuant to section 401 of ment should take to ensure implementation of the Interior, $235,924,000, to remain available the Federal Land Policy and Management Act the long-term reform plan. until expended, of which not to exceed of 1976 (43 U.S.C. 1701), notwithstanding any (b) AUTHORITY ACTIONS.—Pursuant to the $5,025,000, shall be available for the renovation other Act, sums equal to 50 per centum of all District of Columbia Financial Responsibility or construction of fire facilities: Provided, That moneys received during the prior fiscal year and Management Assistance Act of 1995 or upon notwithstanding any other provision of law, under sections 3 and 15 of the Taylor Grazing the recommendation of the Consensus Commis- persons hired pursuant to 43 U.S.C. 1469 may be Act (43 U.S.C. 315 et seq.) and the amount des- sion, the Authority may take whatever actions furnished subsistence and lodging without cost ignated for range improvements from grazing the Authority deems necessary to ensure the im- from funds available from this appropriation: Provided further, That such funds are also fees and mineral leasing receipts from plementation of the long-term reform plan. Bankhead-Jones lands transferred to the De- SEC. 2858. EXPIRATION DATE. available for repayment of advances to other appropriation accounts from which funds were partment of the Interior pursuant to law, but Except as otherwise provided in this subtitle, not less than $9,113,000, to remain available this subtitle shall be effective during the period previously transferred for such purposes: Pro- vided further, That unobligated balances of until expended: Provided, That not to exceed beginning on the date of enactment of this Act $600,000 shall be available for administrative ex- amounts previously appropriated to the Fire and ending 7 years after such date. penses. Protection and Emergency Department of the Subtitle M—Parent Attendance at Parent- Interior Firefighting Fund may be transferred or SERVICE CHARGES, DEPOSITS, AND FORFEITURES Teacher Conferences merged with this appropriation. For administrative expenses and other costs related to processing application documents and SEC. 2901. POLICY. CENTRAL HAZARDOUS MATERIALS FUND other authorizations for use and disposal of Notwithstanding any other provision of law, For expenses necessary for use by the Depart- public lands and resources, for costs of pro- the Mayor is authorized to develop and implement of the Interior and any of its component viding copies of official public land documents, ment a policy encouraging all residents of the offices and bureaus for the remedial action, infor monitoring construction, operation, and ter- District of Columbia with children attending a cluding associated activities, of hazardous waste mination of facilities in conjunction with use District of Columbia public school to attend and substances, pollutants, or contaminants pursu- authorizations, and for rehabilitation of dam- participate in at least one parent-teacher con- ant to the Comprehensive Environmental Re- aged property, such amounts as may be col- ference every 90 days during the academic year. sponse, Compensation and Liability Act, as lected under sections 209(b), 304(a), 304(b), (c) Such amounts as may be necessary for pro- amended (42 U.S.C. 9601 et seq.), $10,000,000, to 305(a), and 504(g) of the Act approved October grams, projects or activities provided for in the remain available until expended: Provided, 21, 1976 (43 U.S.C. 1701), and sections 101 and Department of the Interior and Related Agen- That, notwithstanding 31 U.S.C. 3302, sums re- 203 of Public Law 93–153, to be immediately cies Appropriations Act, 1996 at a rate of oper- covered from or paid by a party in advance of available until expended: Provided, That not- ations and to the extent and in the manner pro- or as reimbursement for remedial action or re- withstanding any provision to the contrary of vided as follows, to be effective as if it had been sponse activities conducted by the Department section 305(a) of the Act of October 21, 1976 (43 enacted into law as the regular appropriations pursuant to sections 107 or 113(f) of the Com- U.S.C. 1735(a)), any moneys that have been or Act: prehensive Environmental Response, Compensa- will be received pursuant to that section, wheth- AN ACT tion and Liability Act, as amended (42 U.S.C. er as a result of forfeiture, compromise, or settle- Making appropriations for the Department of 9607 or 9613(f)), shall be credited to this account ment, if not appropriate for refund pursuant to the Interior and related agencies for the fiscal and shall be available without further appro- section 305(c) of that Act (43 U.S.C. 1735(c)), year ending September 30, 1996, and for other priation and shall remain available until ex- shall be available and may be expended under purposes. pended: Provided further, That such sums re- the authority of this or subsequent appropria- covered from or paid by any party are not lim- TITLE I—DEPARTMENT OF THE INTERIOR tions Acts by the Secretary to improve, protect, ited to monetary payments and may include or rehabilitate any public lands administered UREAU OF LAND MANAGEMENT B stocks, bonds or other personal or real property, through the Bureau of Land Management MANAGEMENT OF LANDS AND RESOURCES which may be retained, liquidated, or otherwise which have been damaged by the action of a re- For expenses necessary for protection, use, im- disposed of by the Secretary of the Interior and source developer, purchaser, permittee, or any provement, development, disposal, cadastral sur- which shall be credited to this account. unauthorized person, without regard to whether veying, classification, acquisition of easements CONSTRUCTION AND ACCESS all moneys collected from each such forfeiture, and other interests in lands, and performance of For acquisition of lands and interests therein, compromise, or settlement are used on the exact other functions, including maintenance of fa- and construction of buildings, recreation facili- lands damage to which led to the forfeiture, cilities, as authorized by law, in the manage- ties, roads, trails, and appurtenant facilities, compromise, or settlement: Provided further, ment of lands and their resources under the ju- $3,115,000, to remain available until expended. That such moneys are in excess of amounts risdiction of the Bureau of Land Management, PAYMENTS IN LIEU OF TAXES needed to repair damage to the exact land for including the general administration of the Bu- For expenses necessary to implement the Act which collected. reau, and assessment of mineral potential of of October 20, 1976, as amended (31 U.S.C. 6901– MISCELLANEOUS TRUST FUNDS public lands pursuant to Public Law 96–487 (16 07), $101,500,000, of which not to exceed $400,000 In addition to amounts authorized to be ex- U.S.C. 3150(a)), $567,753,000, to remain available shall be available for administrative expenses. pended under existing law, there is hereby ap- until expended, of which $2,000,000 shall be LAND ACQUISITION propriated such amounts as may be contributed available for assessment of the mineral potential For expenses necessary to carry out the provi- under section 307 of the Act of October 21, 1976 of public lands in Alaska pursuant to section sions of sections 205, 206, and 318(d) of Public (43 U.S.C. 1701), and such amounts as may be

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00156 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2497 advanced for administrative costs, surveys, ap- necessary to carry out the provisions of the erations of the United States Fish and Wildlife praisals, and costs of making conveyances of Comprehensive Environmental Response, Com- Service; options for the purchase of land at not omitted lands under section 211(b) of that Act, pensation, and Liability Act, as amended (42 to exceed $1 for each option; facilities incident to remain available until expended. U.S.C. 9601, et seq.), Federal Water Pollution to such public recreational uses on conservation ADMINISTRATIVE PROVISIONS Control Act, as amended (33 U.S.C. 1251, et areas as are consistent with their primary pur- Appropriations for the Bureau of Land Man- seq.), the Oil Pollution Act of 1990 (Public Law pose; and the maintenance and improvement of agement shall be available for purchase, erec- 101–380), and the Act of July 27, 1990 (Public aquaria, buildings, and other facilities under tion, and dismantlement of temporary struc- Law 101–337); $4,000,000, to remain available the jurisdiction of the United States Fish and tures, and alteration and maintenance of nec- until expended: Provided, That sums provided Wildlife Service and to which the United States essary buildings and appurtenant facilities to by any party in fiscal year 1996 and thereafter has title, and which are utilized pursuant to which the United States has title; up to $100,000 are not limited to monetary payments and may law in connection with management and inves- for payments, at the discretion of the Secretary, include stocks, bonds or other personal or real tigation of fish and wildlife resources: Provided, for information or evidence concerning viola- property, which may be retained, liquidated or That notwithstanding 44 U.S.C. 501, the Service tions of laws administered by the Bureau of otherwise disposed of by the Secretary and such may, under cooperative cost sharing and part- Land Management; miscellaneous and emer- sums or properties shall be utilized for the res- nership arrangements authorized by law, pro- gency expenses of enforcement activities author- toration of injured resources, and to conduct cure printing services from cooperators in con- ized or approved by the Secretary and to be ac- new damage assessment activities. nection with jointly-produced publications for counted for solely on his certificate, not to ex- LAND ACQUISITION which the cooperators share at least one-half ceed $10,000: Provided, That notwithstanding 44 For expenses necessary to carry out the provi- the cost of printing either in cash or services U.S.C. 501, the Bureau may, under cooperative sions of the Land and Water Conservation Fund and the Service determines the cooperator is ca- cost-sharing and partnership arrangements au- Act of 1965, as amended (16 U.S.C. 460l–4–11), pable of meeting accepted quality standards: thorized by law, procure printing services from including administrative expenses, and for ac- Provided further, That the United States Fish cooperators in connection with jointly-produced quisition of land or waters, or interest therein, and Wildlife Service may accept donated air- publications for which the cooperators share the in accordance with statutory authority applica- craft as replacements for existing aircraft: Pro- cost of printing either in cash or in services, and ble to the United States Fish and Wildlife Serv- vided further, That notwithstanding any other the Bureau determines the cooperator is capable ice, $36,900,000, to be derived from the Land and provision of law, the Secretary of the Interior of meeting accepted quality standards. Water Conservation Fund, to remain available may not spend any of the funds appropriated in this Act for the purchase of lands or interests in UNITED STATES FISH AND WILDLIFE SERVICE until expended. lands to be used in the establishment of any new RESOURCE MANAGEMENT COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND unit of the National Wildlife Refuge System un- For expenses necessary for scientific and eco- less the purchase is approved in advance by the For expenses necessary to carry out the provi- nomic studies, conservation, management, inves- House and Senate Committees on Appropria- sions of the Endangered Species Act of 1973 (16 tigations, protection, and utilization of fishery tions in compliance with the reprogramming U.S.C. 1531–1543), as amended by Public Law and wildlife resources, except whales, seals, and procedures contained in House Report 103–551: 100–478, $8,085,000 for grants to States, to be de- sea lions, and for the performance of other au- Provided further, That none of the funds made rived from the Cooperative Endangered Species thorized functions related to such resources; for available in this Act may be used by the U. S. Conservation Fund, and to remain available the general administration of the United States Fish and Wildlife Service to impede or delay the until expended. Fish and Wildlife Service; and for maintenance issuance of a wetlands permit by the U. S. Army of the herd of long-horned cattle on the Wichita NATIONAL WILDLIFE REFUGE FUND Corps of Engineers to the City of Lake Jackson, Mountains Wildlife Refuge; and not less than For expenses necessary to implement the Act Texas, for the development of a public golf $1,000,000 for high priority projects within the of October 17, 1978 (16 U.S.C. 715s), $10,779,000. course west of Buffalo Camp Bayou between the scope of the approved budget which shall be REWARDS AND OPERATIONS Brazos River and Highway 332: Provided fur- carried out by the Youth Conservation Corps as For expenses necessary to carry out the provi- ther, That the Director of the Fish and Wildlife authorized by the Act of August 13, 1970, as sions of the African Elephant Conservation Act Service may charge reasonable fees for expenses amended by Public Law 93–408, $499,100,000, to (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241– to the Federal Government for providing train- remain available for obligation until September 4245, and 1538), $600,000, to remain available ing by the National Education and Training 30, 1997, of which $2,000,000 shall be available until expended. Center: Provided further, That all training fees for activities under section 4 of the Endangered NORTH AMERICAN WETLANDS CONSERVATION FUND collected shall be available to the Director, until Species Act of 1973 (16 U.S.C. 1533), of which expended, without further appropriation, to be For expenses necessary to carry out the provi- $11,557,000 shall be available until expended for used for the costs of training and education pro- sions of the North American Wetlands Conserva- operation and maintenance of fishery mitigation vided by the National Education and Training tion Act, Public Law 101–233, $6,750,000, to re- facilities constructed by the Corps of Engineers Center: Provided further, That with respect to main available until expended. under the Lower Snake River Compensation lands leased for farming pursuant to Public Plan, authorized by the Water Resources Devel- LAHONTAN VALLEY AND PYRAMID LAKE FISH AND Law 88–567, if for any reason the Secretary dis- opment Act of 1976 (90 Stat. 2921), to compensate WILDLIFE FUND approves for use in 1996 or does not finally ap- for loss of fishery resources from water develop- For carrying out section 206(f) of Public Law prove for use in 1996 any pesticide or chemical ment projects on the Lower Snake River: Pro- 101–618, such sums as have previously been cred- which was approved for use in 1995 or had been vided, That unobligated and unexpended bal- ited or may be credited hereafter to the requested for use in 1996 by the submission of a ances in the Resource Management account at Lahontan Valley and Pyramid Lake Fish and pesticide use proposal as of September 19, 1995, the end of fiscal year 1995, shall be merged with Wildlife Fund, to be available until expended none of the funds in this Act may be used to de- and made a part of the fiscal year 1996 Resource without further appropriation. velop, implement, or enforce regulations or poli- Management appropriation, and shall remain RHINOCEROS AND TIGER CONSERVATION FUND cies (including pesticide use proposals) related available for obligation until September 30, 1997: to the use of chemicals and pest management For deposit to the Rhinoceros and Tiger Con- Provided further, That no monies appropriated that are more restrictive than the requirements servation Fund, $200,000, to remain available under this Act or any other law shall be used by of applicable State and Federal laws related to until expended, to be available to carry out the the Secretary of the Interior to issue final deter- the use of chemicals and pest management prac- provisions of the Rhinoceros and Tiger Con- minations under subsections (a), (b), (c), (e), (g) tices on non-Federal lands. or (i) of section 4 of the Endangered Species Act servation Act of 1994 (Public Law 103–391). of 1973 (16 U.S.C. 1533), until such time as legis- WILDLIFE CONSERVATION AND APPRECIATION NATIONAL PARK SERVICE lation reauthorizing the Act is enacted or until FUND OPERATION OF THE NATIONAL PARK SYSTEM the end of fiscal year 1996, whichever is earlier, For deposit to the Wildlife Conservation and For expenses necessary for the management, except that monies appropriated under this Act Appreciation Fund, $800,000, to remain avail- operation, and maintenance of areas and facili- may be used to delist or reclassify species pursu- able until expended. ties administered by the National Park Service ant to subsections 4(a)(2)(B), 4(c)(2)(B)(i), and ADMINISTRATIVE PROVISIONS (including special road maintenance service to 4(c)(2)(B)(ii) of the Endangered Species Act, and Appropriations and funds available to the trucking permittees on a reimbursable basis), may be used to issue emergency listings under United States Fish and Wildlife Service shall be and for the general administration of the Na- section 4(b)(7) of the Endangered Species Act. available for purchase of not to exceed 113 pas- tional Park Service, including not to exceed CONSTRUCTION senger motor vehicles; not to exceed $400,000 for $1,593,000 for the Volunteers-in-Parks program, For construction and acquisition of buildings payment, at the discretion of the Secretary, for and not less than $1,000,000 for high priority and other facilities required in the conservation, information, rewards, or evidence concerning projects within the scope of the approved budget management, investigation, protection, and uti- violations of laws administered by the United which shall be carried out by the Youth Con- lization of fishery and wildlife resources, and States Fish and Wildlife Service, and miscella- servation Corps as authorized by the Act of Au- the acquisition of lands and interests therein; neous and emergency expenses of enforcement gust 13, 1970, as amended by Public Law 93–408, $37,655,000, to remain available until expended. activities, authorized or approved by the Sec- $1,084,755,000, without regard to the Act of Au- NATURAL RESOURCE DAMAGE ASSESSMENT FUND retary and to be accounted for solely on his cer- gust 24, 1912, as amended (16 U.S.C. 451), of To conduct natural resource damage assess- tificate; repair of damage to public roads within which not to exceed $72,000,000, to remain avail- ment activities by the Department of the Interior and adjacent to reservation areas caused by op- able until expended is to be derived from the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00157 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2498 CONGRESSIONAL RECORD — SENATE March 20, 1996 special fee account established pursuant to title The National Park Service may enter into co- funds that the volunteers are not properly V, section 5201, of Public Law 100–203. operative agreements that involve the transfer of trained or that information gathered by the vol- NATIONAL RECREATION AND PRESERVATION National Park Service appropriated funds to unteers is not carefully verified: Provided fur- For expenses necessary to carry out recreation State, local and tribal governments, other public ther, That no later than April 1, 1996, the Direc- programs, natural programs, cultural programs, entities, educational institutions, and private tor of the United States Geological Survey shall environmental compliance and review, inter- nonprofit organizations for the public purpose issue agency guidelines for resource research national park affairs, statutory or contractual of carrying out National Park Service programs. that ensure that scientific and technical peer re- aid for other activities, and grant administra- The National Park Service shall, within exist- view is utilized as fully as possible in selection tion, not otherwise provided for, $37,649,000: ing funds, conduct a Feasibility Study for a of projects for funding and ensure the validity Provided, That $236,000 of the funds provided northern access route into Denali National Park and reliability of research and data collection herein are for the William O. Douglas Outdoor and Preserve in Alaska, to be completed within on Federal lands: Provided further, That no Education Center, subject to authorization. one year of the enactment of this Act and sub- funds available for resource research may be HISTORIC PRESERVATION FUND mitted to the House and Senate Committees on used for any activity that was not authorized For expenses necessary in carrying out the Appropriations and to the Senate Committee on prior to the establishment of the National Bio- provisions of the Historic Preservation Act of Energy and Natural Resources and the House logical Survey: Provided further, That once 1966 (80 Stat. 915), as amended (16 U.S.C. 470), Committee on Resources. The Feasibility Study every five years the National Academy of $36,212,000, to be derived from the Historic Pres- shall ensure that resource impacts from any Sciences shall review and report on the resource ervation Fund, established by section 108 of that plan to create such access route are evaluated research activities of the Survey: Provided fur- Act, as amended, to remain available for obliga- with accurate information and according to a ther, That if specific authorizing legislation is tion until September 30, 1997. process that takes into consideration park val- enacted during or before the start of fiscal year ues, visitor needs, a full range of alternatives, 1996, the resource research component of the CONSTRUCTION the viewpoints of all interested parties, includ- Survey should comply with the provisions of For construction, improvements, repair or re- ing the tourism industry and the State of Alas- that legislation: Provided further, That unobli- placement of physical facilities, $143,225,000, to ka, and potential needs for compliance with the gated and unexpended balances in the National remain available until expended: Provided, That National Environmental Policy Act. The Study Biological Survey, Research, inventories and not to exceed $4,500,000 of the funds provided shall also address the time required for develop- surveys account at the end of fiscal year 1995, herein shall be paid to the Army Corps of Engi- ment of alternatives and identify all associated shall be merged with and made a part of the neers for modifications authorized by section 104 costs. United States Geological Survey, Surveys, inves- of the Everglades National Park Protection and This Feasibility Study shall be conducted sole- tigations, and research account and shall re- Expansion Act of 1989: Provided further, That ly by the National Park Service planning per- main available for obligation until September 30, funds provided under this head, derived from sonnel permanently assigned to National Park 1996: Provided further, That the authority the Historic Preservation Fund, established by Service offices located in the State of Alaska in granted to the United States Bureau of Mines to the Historic Preservation Act of 1966 (80 Stat. consultation with the State of Alaska Depart- conduct mineral surveys and to determine min- 915), as amended (16 U.S.C. 470), may be avail- ment of Transportation. eral values by section 603 of Public Law 94–579 able until expended to render sites safe for visi- UNITED STATES GEOLOGICAL SURVEY is hereby transferred to, and vested in, the Di- tors and for building stabilization. SURVEYS, INVESTIGATIONS, AND RESEARCH rector of the United States Geological Survey. LAND AND WATER CONSERVATION FUND For expenses necessary for the United States ADMINISTRATIVE PROVISIONS (RESCISSION) Geological Survey to perform surveys, investiga- The amount appropriated for the United The contract authority provided for fiscal tions, and research covering topography, geol- States Geological Survey shall be available for year 1996 by 16 U.S.C. 460l–10a is rescinded. ogy, hydrology, and the mineral and water re- purchase of not to exceed 22 passenger motor ve- LAND ACQUISITION AND STATE ASSISTANCE sources of the United States, its Territories and hicles, for replacement only; reimbursement to For expenses necessary to carry out the provi- possessions, and other areas as authorized by the General Services Administration for security sions of the Land and Water Conservation Fund law (43 U.S.C. 31, 1332 and 1340); classify lands guard services; contracting for the furnishing of Act of 1965, as amended (16 U.S.C. 460l–4–11), as to their mineral and water resources; give en- topographic maps and for the making of geo- including administrative expenses, and for ac- gineering supervision to power permittees and physical or other specialized surveys when it is quisition of lands or waters, or interest therein, Federal Energy Regulatory Commission licens- administratively determined that such proce- in accordance with statutory authority applica- ees; administer the minerals exploration pro- dures are in the public interest; construction ble to the National Park Service, $49,100,000, to gram (30 U.S.C. 641); and publish and dissemi- and maintenance of necessary buildings and ap- be derived from the Land and Water Conserva- nate data relative to the foregoing activities; purtenant facilities; acquisition of lands for tion Fund, to remain available until expended, and to conduct inquiries into the economic con- gauging stations and observation wells; ex- and of which $1,500,000 is to administer the ditions affecting mining and materials proc- penses of the United States National Committee State assistance program: Provided, That any essing industries (30 U.S.C. 3, 21a, and 1603; 50 on Geology; and payment of compensation and funds made available for the purpose of acquisi- U.S.C. 98g(1)) and related purposes as author- expenses of persons on the rolls of the United tion of the Elwha and Glines dams shall be used ized by law and to publish and disseminate States Geological Survey appointed, as author- solely for acquisition, and shall not be expended data; $730,330,000, of which $62,130,000 shall be ized by law, to represent the United States in until the full purchase amount has been appro- available for cooperation with States or munici- the negotiation and administration of interstate priated by the Congress. palities for water resources investigations, and compacts: Provided, That activities funded by ADMINISTRATIVE PROVISIONS of which $137,000,000 for resource research and appropriations herein made may be accom- Appropriations for the National Park Service the operations of Cooperative Research Units plished through the use of contracts, grants, or shall be available for the purchase of not to ex- shall remain available until September 30, 1997, cooperative agreements as defined in 31 U.S.C. ceed 518 passenger motor vehicles, of which 323 and of which $16,000,000 shall remain available 6302, et seq. shall be for replacement only, including not to until expended for conducting inquiries into the exceed 411 for police-type use, 12 buses, and 5 economic conditions affecting mining and mate- MINERALS MANAGEMENT SERVICE ambulances: Provided, That none of the funds rials processing industries: Provided, That no appropriated to the National Park Service may part of this appropriation shall be used to pay ROYALTY AND OFFSHORE MINERALS MANAGEMENT be used to process any grant or contract docu- more than one-half the cost of any topographic For expenses necessary for minerals leasing ments which do not include the text of 18 U.S.C. mapping or water resources investigations car- and environmental studies, regulation of indus- 1913: Provided further, That none of the funds ried on in cooperation with any State or munici- try operations, and collection of royalties, as appropriated to the National Park Service may pality: Provided further, That funds available authorized by law; for enforcing laws and regu- be used to implement an agreement for the rede- herein for resource research may be used for the lations applicable to oil, gas, and other minerals velopment of the southern end of Ellis Island purchase of not to exceed 61 passenger motor ve- leases, permits, licenses and operating contracts; until such agreement has been submitted to the hicles, of which 55 are for replacement only: and for matching grants or cooperative agree- Congress and shall not be implemented prior to Provided further, That none of the funds avail- ments; including the purchase of not to exceed the expiration of 30 calendar days (not includ- able under this head for resource research shall eight passenger motor vehicles for replacement ing any day in which either House of Congress be used to conduct new surveys on private prop- only; $182,771,000, of which not less than is not in session because of adjournment of more erty, including new aerial surveys for the des- $70,105,000 shall be available for royalty man- than three calendar days to a day certain) from ignation of habitat under the Endangered Spe- agement activities; and an amount not to exceed the receipt by the Speaker of the House of Rep- cies Act, except when it is made known to the $15,400,000 for the Technical Information Man- resentatives and the President of the Senate of Federal official having authority to obligate or agement System and Related Activities of the a full and comprehensive report on the develop- expend such funds that the survey or research Outer Continental Shelf (OCS) Lands Activity, ment of the southern end of Ellis Island, includ- has been requested and authorized in writing by to be credited to this appropriation and to re- ing the facts and circumstances relied upon in the property owner or the owner’s authorized main available until expended, from additions to support of the proposed project. representative: Provided further, That none of receipts resulting from increases to rates in ef- None of the funds in this Act may be spent by the funds provided herein for resource research fect on August 5, 1993, from rate increases to fee the National Park Service for activities taken in may be used to administer a volunteer program collections for OCS administrative activities per- direct response to the United Nations Biodiver- when it is made known to the Federal official formed by the Minerals Management Service sity Convention. having authority to obligate or expend such over and above the rates in effect on September

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00158 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2499 30, 1993, and from additional fees for OCS ad- than those listed above, such functions shall not tions for the Office of Surface Mining Reclama- ministrative activities established after Sep- be transferred to the Secretary of Energy from tion and Enforcement may provide for the travel tember 30, 1993: Provided, That beginning in fis- those other locations: Provided further, That and per diem expenses of State and tribal per- cal year 1996 and thereafter, fees for royalty the Director of the Office of Management and sonnel attending Office of Surface Mining Rec- rate relief applications shall be established (and Budget, in consultation with the Secretary of lamation and Enforcement sponsored training. revised as needed) in Notices to Lessees, and Energy and the Secretary of the Interior, is au- ABANDONED MINE RECLAMATION FUND shall be credited to this account in the program thorized to make such determinations as may be For necessary expenses to carry out the provi- areas performing the function, and remain necessary with regard to the transfer of func- sions of title IV of the Surface Mining Control available until expended for the costs of admin- tions which relate to or are used by the Depart- and Reclamation Act of 1977, Public Law 95–87, istering the royalty rate relief authorized by 43 ment of the Interior, or component thereof af- as amended, including the purchase of not more U.S.C. 1337(a)(3): Provided further, That fected by this transfer of functions, and to make than 22 passenger motor vehicles for replace- $1,500,000 for computer acquisitions shall remain such dispositions of personnel, facilities, assets, ment only, $173,887,000, to be derived from re- available until September 30, 1997: Provided fur- liabilities, contracts, property, records, and un- ceipts of the Abandoned Mine Reclamation ther, That funds appropriated under this Act expended balances of appropriations, authoriza- Fund and to remain available until expended: shall be available for the payment of interest in tions, allocations, and other funds held, used, Provided, That grants to minimum program accordance with 30 U.S.C. 1721 (b) and (d): Pro- arising from, available to or to be made avail- States will be $1,500,000 per State in fiscal year vided further, That not to exceed $3,000 shall be able in connection with, the functions trans- 1996: Provided further, That of the funds herein available for reasonable expenses related to pro- ferred herein as are deemed necessary to accom- provided up to $18,000,000 may be used for the moting volunteer beach and marine cleanup ac- plish the purposes of this transfer: Provided fur- emergency program authorized by section 410 of tivities: Provided further, That notwithstanding ther, That all reductions in personnel com- Public Law 95–87, as amended, of which no any other provision of law, $15,000 under this plements resulting from the provisions of this more than 25 per centum shall be used for emer- head shall be available for refunds of overpay- Act shall, as to the functions transferred to the gency reclamation projects in any one State and ments in connection with certain Indian leases Secretary of Energy, be done by the Secretary of funds for Federally-administered emergency rec- in which the Director of the Minerals Manage- the Interior as though these transfers had not lamation projects under this proviso shall not ment Service concurred with the claimed refund taken place but had been required of the De- exceed $11,000,000: Provided further, That prior due, to pay amounts owed to Indian allottees or partment of the Interior by all other provisions year unobligated funds appropriated for the Tribes, or to correct prior unrecoverable erro- of this Act before the transfers of function be- emergency reclamation program shall not be neous payments: Provided further, That begin- came effective: Provided further, That the trans- subject to the 25 per centum limitation per State ning in fiscal year 1996 and thereafter, the Sec- fers of function to the Secretary of Energy shall and may be used without fiscal year limitation retary shall take appropriate action to collect become effective on the date specified by the Di- for emergency projects: Provided further, That unpaid and underpaid royalties and late pay- rector of the Office of Management and Budget, pursuant to Public Law 97–365, the Department ment interest owed by Federal and Indian min- but in no event later than 90 days after enact- of the Interior is authorized to utilize up to 20 eral lessees and other royalty payors on ment into law of this Act: Provided further, per centum from the recovery of the delinquent amounts received in settlement or other resolu- That the reference to ‘‘function’’ includes, but debt owed to the United States Government to tion of disputes under, and for partial or com- is not limited to, any duty, obligation, power, pay for contracts to collect these debts: Provided plete termination of, sales agreements for min- authority, responsibility, right, privilege, and further, That funds made available to States erals from Federal and Indian leases. activity, or the plural thereof, as the case may under title IV of Public Law 95–87 may be used, OIL SPILL RESEARCH be. at their discretion, for any required non-Federal For necessary expenses to carry out the pur- ADMINISTRATIVE PROVISIONS share of the cost of projects funded by the Fed- poses of title I, section 1016, title IV, sections The Secretary is authorized to accept lands, eral Government for the purpose of environ- 4202 and 4303, title VII, and title VIII, section buildings, equipment, other contributions, and mental restoration related to treatment or abate- 8201 of the Oil Pollution Act of 1990, $6,440,000, fees from public and private sources, and to ment of acid mine drainage from abandoned which shall be derived from the Oil Spill Liabil- prosecute projects using such contributions and mines: Provided further, That such projects ity Trust Fund, to remain available until ex- fees in cooperation with other Federal, State or must be consistent with the purposes and prior- pended. private agencies: Provided, That the Bureau of ities of the Surface Mining Control and Rec- BUREAU OF MINES Mines is authorized, during the current fiscal lamation Act. MINES AND MINERALS year, to sell directly or through any Government BUREAU OF INDIAN AFFAIRS For expenses necessary for, and incidental to, agency, including corporations, any metal or OPERATION OF INDIAN PROGRAMS the closure of the United States Bureau of mineral products that may be manufactured in For operation of Indian programs by direct ex- Mines, $64,000,000, to remain available until ex- pilot plants operated by the Bureau of Mines, penditure, contracts, cooperative agreements, pended, of which not to exceed $5,000,000 may be and the proceeds of such sales shall be covered compacts, and grants including expenses nec- used for the completion and/or transfer of cer- into the Treasury as miscellaneous receipts: Pro- essary to provide education and welfare services tain ongoing projects within the United States vided further, That notwithstanding any other for Indians, either directly or in cooperation Bureau of Mines, such projects to be identified provision of law, the Secretary is authorized to with States and other organizations, including by the Secretary of the Interior within 90 days convey, without reimbursement, title and all in- payment of care, tuition, assistance, and other of enactment of this Act: Provided, That there terest of the United States in property and fa- expenses of Indians in boarding homes, or insti- hereby are transferred to, and vested in, the cilities of the United States Bureau of Mines in tutions, or schools; grants and other assistance Secretary of Energy: (1) the functions per- Juneau, Alaska, to the City and Borough of Ju- to needy Indians; maintenance of law and taining to the promotion of health and safety in neau, Alaska; in Tuscaloosa, Alabama, to the order; management, development, improvement, mines and the mineral industry through re- University of Alabama; in Rolla, Missouri, to and protection of resources and appurtenant fa- search vested by law in the Secretary of the In- the University of Missouri-Rolla; and in other cilities under the jurisdiction of the Bureau of terior or the United States Bureau of Mines and localities to such university or government enti- Indian Affairs, including payment of irrigation performed in fiscal year 1995 by the United ties as the Secretary deems appropriate. assessments and charges; acquisition of water States Bureau of Mines at its Pittsburgh Re- OFFICE OF SURFACE MINING RECLAMATION AND rights; advances for Indian industrial and busi- search Center in Pennsylvania, and at its Spo- ENFORCEMENT ness enterprises; operation of Indian arts and kane Research Center in Washington; (2) the REGULATION AND TECHNOLOGY crafts shops and museums; development of In- functions pertaining to the conduct of inquiries, For necessary expenses to carry out the provi- dian arts and crafts, as authorized by law; for technological investigations and research con- sions of the Surface Mining Control and Rec- the general administration of the Bureau of In- cerning the extraction, processing, use and dis- lamation Act of 1977, Public Law 95–87, as dian Affairs, including such expenses in field posal of mineral substances vested by law in the amended, including the purchase of not to ex- offices; maintaining of Indian reservation roads Secretary of the Interior or the United States ceed 15 passenger motor vehicles for replacement as defined in section 101 of title 23, United Bureau of Mines and performed in fiscal year only; $95,470,000, and notwithstanding 31 U.S.C. States Code; and construction, repair, and im- 1995 by the United States Bureau of Mines 3302, an additional amount shall be credited to provement of Indian housing, $1,384,434,000, of under the minerals and materials science pro- this account, to remain available until ex- which not to exceed $100,255,000 shall be for wel- grams at its Pittsburgh Research Center in pended, from performance bond forfeitures in fare assistance grants and not to exceed Pennsylvania, and at its Albany Research Cen- fiscal year 1996: Provided, That notwith- $104,626,000 shall be for payments to tribes and ter in Oregon; and (3) the functions pertaining standing any other provision of law, the Sec- tribal organizations for contract support costs to mineral reclamation industries and the devel- retary of the Interior, pursuant to regulations, associated with ongoing contracts or grants or opment of methods for the disposal, control, pre- may utilize directly or through grants to States, compacts entered into with the Bureau of In- vention, and reclamation of mineral waste prod- moneys collected in fiscal year 1996 pursuant to dian Affairs prior to fiscal year 1996, as author- ucts vested by law in the Secretary of the Inte- the assessment of civil penalties under section ized by the Indian Self-Determination Act of rior or the United States Bureau of Mines and 518 of the Surface Mining Control and Reclama- 1975, as amended, and up to $5,000,000 shall be performed in fiscal year 1995 by the United tion Act of 1977 (30 U.S.C. 1268), to reclaim for the Indian Self-Determination Fund, which States Bureau of Mines at its Pittsburgh Re- lands adversely affected by coal mining prac- shall be available for the transitional cost of ini- search Center in Pennsylvania: Provided fur- tices after August 3, 1977, to remain available tial or expanded tribal contracts, grants, com- ther, That, if any of the same functions were until expended: Provided further, That notwith- pacts, or cooperative agreements with the Bu- performed in fiscal year 1995 at locations other standing any other provision of law, appropria- reau of Indian Affairs under the provisions of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00159 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2500 CONGRESSIONAL RECORD — SENATE March 20, 1996 the Indian Self-Determination Act; and of the positions of teachers and counselors (includ- Equality Banking Act of 1987 (Public Law 100– which not to exceed $330,711,000 for school oper- ing dormitory and homeliving counselors) at the 86 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to re- ations costs of Bureau-funded schools and other school at a level not less than that for com- store to Individual Indian Monies trust funds, education programs shall become available for parable positions in public school districts in the Indian Irrigation Systems, and Indian Power obligation on July 1, 1996, and shall remain same geographic area, to become effective on Systems accounts amounts invested in credit available for obligation until September 30, 1997; July 1, 1997: Provided further, That of the funds unions or defaulted savings and loan associa- and of which not to exceed $68,209,000 for higher available only through September 30, 1995, not tions and which were not Federally insured, education scholarships, adult vocational train- to exceed $8,000,000 in unobligated and unex- and (3) to reimburse Indian trust fund account ing, and assistance to public schools under the pended balances in the Operation of Indian holders for losses to their respective accounts Act of April 16, 1934 (48 Stat. 596), as amended Programs account shall be merged with and where the claim for said loss(es) has been re- (25 U.S.C. 452 et seq.), shall remain available for made a part of the fiscal year 1996 Operation of duced to a judgment or settlement agreement ap- obligation until September 30, 1997; and of Indian Programs appropriation, and shall re- proved by the Department of Justice. which not to exceed $71,854,000 shall remain main available for obligation for employee sever- TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES available until expended for housing improve- ance, relocation, and related expenses, until For payment of management and technical as- ment, road maintenance, attorney fees, litiga- September 30, 1996. sistance requests associated with loans and tion support, self-governance grants, the Indian CONSTRUCTION grants approved under the Indian Financing Self-Determination Fund, and the Navajo-Hopi For construction, major repair, and improve- Act of 1974, as amended, $500,000. Settlement Program: Provided, That tribes and ment of irrigation and power systems, buildings, INDIAN GUARANTEED LOAN PROGRAM ACCOUNT tribal contractors may use their tribal priority utilities, and other facilities, including architec- For the cost of guaranteed loans $4,500,000, as allocations for unmet indirect costs of ongoing tural and engineering services by contract; ac- contracts, grants or compact agreements: Pro- authorized by the Indian Financing Act of 1974, quisition of lands and interests in lands; and as amended: Provided, That such costs, includ- vided further, That funds made available to preparation of lands for farming, $100,833,000, to tribes and tribal organizations through con- ing the cost of modifying such loans, shall be as remain available until expended: Provided, That defined in section 502 of the Congressional tracts or grants obligated during fiscal year such amounts as may be available for the con- 1996, as authorized by the Indian Self-Deter- Budget Act of 1974, as amended: Provided fur- struction of the Navajo Indian Irrigation Project ther, That these funds are available to subsidize mination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 and for other water resource development activi- et seq.), or grants authorized by the Indian total loan principal, any part of which is to be ties related to the Southern Arizona Water Education Amendments of 1988 (25 U.S.C. 2001 guaranteed, not to exceed $35,914,000. Rights Settlement Act may be transferred to the and 2008A) shall remain available until ex- In addition, for administrative expenses nec- Bureau of Reclamation: Provided further, That pended by the contractor or grantee: Provided essary to carry out the guaranteed loan pro- not to exceed 6 per centum of contract authority further, That to provide funding uniformity gram, $500,000. available to the Bureau of Indian Affairs from within a Self-Governance Compact, any funds ADMINISTRATIVE PROVISIONS the Federal Highway Trust Fund may be used provided in this Act with availability for more Appropriations for the Bureau of Indian Af- to cover the road program management costs of than one year may be reprogrammed to one year fairs shall be available for expenses of exhibits, the Bureau of Indian Affairs: Provided further, availability but shall remain available within and purchase of not to exceed 275 passenger car- That any funds provided for the Safety of Dams the Compact until expended: Provided further, rying motor vehicles, of which not to exceed 215 program pursuant to 25 U.S.C. 13 shall be made That notwithstanding any other provision of shall be for replacement only. available on a non-reimbursable basis: Provided law, Indian tribal governments may, by appro- TERRITORIAL AND INTERNATIONAL AFFAIRS priate changes in eligibility criteria or by other further, That for the fiscal year ending Sep- means, change eligibility for general assistance tember 30, 1996, in implementing new construc- ASSISTANCE TO TERRITORIES or change the amount of general assistance pay- tion or facilities improvement and repair project For expenses necessary for assistance to terri- ments for individuals within the service area of grants in excess of $100,000 that are provided to tories under the jurisdiction of the Department such tribe who are otherwise deemed eligible for tribally controlled grant schools under Public of the Interior, $65,188,000, of which (1) general assistance payments so long as such Law 100–297, as amended, the Secretary of the $61,661,000 shall be available until expended for changes are applied in a consistent manner to Interior shall use the Administrative and Audit technical assistance, including maintenance as- individuals similarly situated: Provided further, Requirements and Cost Principles for Assistance sistance, disaster assistance, insular manage- That any savings realized by such changes shall Programs contained in 43 CFR part 12 as the ment controls, and brown tree snake control and be available for use in meeting other priorities of regulatory requirements: Provided further, That research; grants to the judiciary in American the tribes: Provided further, That any net in- such grants shall not be subject to section 12.61 Samoa for compensation and expenses, as au- crease in costs to the Federal Government which of 43 CFR; the Secretary and the grantee shall thorized by law (48 U.S.C. 1661(c)); grants to the result solely from tribally increased payment negotiate and determine a schedule of payments Government of American Samoa, in addition to levels for general assistance shall be met exclu- for the work to be performed: Provided further, current local revenues, for construction and sively from funds available to the tribe from That in considering applications, the Secretary support of governmental functions; grants to the within its tribal priority allocation: Provided shall consider whether the Indian tribe or tribal Government of the Virgin Islands as authorized further, That any forestry funds allocated to a organization would be deficient in assuring that by law; grants to the Government of Guam, as tribe which remain unobligated as of September the construction projects conform to applicable authorized by law; and grants to the Govern- 30, 1996, may be transferred during fiscal year building standards and codes and Federal, trib- ment of the Northern Mariana Islands as au- 1997 to an Indian forest land assistance account al, or State health and safety standards as re- thorized by law (Public Law 94–241; 90 Stat. established for the benefit of such tribe within quired by 25 U.S.C. 2005(a), with respect to or- 272); and (2) $3,527,000 shall be available for sal- the tribe’s trust fund account: Provided further, ganizational and financial management capa- aries and expenses of the Office of Insular Af- That any such unobligated balances not so bilities: Provided further, That if the Secretary fairs: Provided, That all financial transactions transferred shall expire on September 30, 1997: declines an application, the Secretary shall fol- of the territorial and local governments herein Provided further, That notwithstanding any low the requirements contained in 25 U.S.C. provided for, including such transactions of all other provision of law, no funds available to the 2505(f): Provided further, That any disputes be- agencies or instrumentalities established or uti- Bureau of Indian Affairs, other than the tween the Secretary and any grantee concerning lized by such governments, may be audited by amounts provided herein for assistance to public a grant shall be subject to the disputes provision the General Accounting Office, at its discretion, schools under the Act of April 16, 1934 (48 Stat. in 25 U.S.C. 2508(e). in accordance with chapter 35 of title 31, United 596), as amended (25 U.S.C. 452 et seq.), shall be INDIAN LAND AND WATER CLAIM SETTLEMENTS States Code: Provided further, That Northern available to support the operation of any ele- AND MISCELLANEOUS PAYMENTS TO INDIANS Mariana Islands Covenant grant funding shall mentary or secondary school in the State of For miscellaneous payments to Indian tribes be provided according to those terms of the Alaska in fiscal year 1996: Provided further, and individuals and for necessary administra- Agreement of the Special Representatives on Fu- That funds made available in this or any other tive expenses, $80,645,000, to remain available ture United States Financial Assistance for the Act for expenditure through September 30, 1997 until expended; of which $78,600,000 shall be Northern Mariana Islands approved by Public for schools funded by the Bureau of Indian Af- available for implementation of enacted Indian Law 99–396, or any subsequent legislation re- fairs shall be available only to the schools land and water claim settlements pursuant to lated to Commonwealth of the Northern Mar- which are in the Bureau of Indian Affairs Public Laws 87–483, 97–293, 101–618, 102–374, iana Islands Covenant grant funding: Provided school system as of September 1, 1995: Provided 102–441, 102–575, and 103–116, and for implemen- further, That of the amounts provided for tech- further, That no funds available to the Bureau tation of other enacted water rights settlements, nical assistance, sufficient funding shall be of Indian Affairs shall be used to support ex- including not to exceed $8,000,000, which shall made available for a grant to the Close Up panded grades for any school beyond the grade be for the Federal share of the Catawba Indian Foundation: Provided further, That the funds structure in place at each school in the Bureau Tribe of South Carolina Claims Settlement, as for the program of operations and maintenance of Indian Affairs school system as of October 1, authorized by section 5(a) of Public Law 103– improvement are appropriated to institutionalize 1995: Provided further, That notwithstanding 116; and of which $1,045,000 shall be available routine operations and maintenance of capital the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), pursuant to Public Laws 98–500, 99–264, and infrastructure in American Samoa, Guam, the upon the recommendation of a local school 100–580; and of which $1,000,000 shall be avail- Virgin Islands, the Commonwealth of the North- board for a Bureau of Indian Affairs operated able (1) to liquidate obligations owed tribal and ern Mariana Islands, the Republic of Palau, the school, the Secretary shall establish rates of individual Indian payees of any checks canceled Republic of the Marshall Islands, and the Fed- basic compensation or annual salary rates for pursuant to section 1003 of the Competitive erated States of Micronesia through assessments

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00160 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2501 of long-range operations and maintenance grantee: Provided further, That notwith- other equipment in connection with their use for needs, improved capability of local operations standing any other provision of law, the statute fire suppression purposes, such reimbursement and maintenance institutions and agencies (in- of limitations shall not commence to run on any to be credited to appropriations currently avail- cluding management and vocational education claim, including any claim in litigation pending able at the time of receipt thereof: Provided fur- training), and project-specific maintenance on the date of this Act, concerning losses to or ther, That for emergency rehabilitation and (with territorial participation and cost sharing mismanagement of trust funds, until the af- wildfire suppression activities, no funds shall be to be determined by the Secretary based on the fected tribe or individual Indian has been fur- made available under this authority until funds individual territory’s commitment to timely nished with the accounting of such funds from appropriated to the ‘‘Emergency Department of maintenance of its capital assets): Provided fur- which the beneficiary can determine whether the Interior Firefighting Fund’’ shall have been ther, That any appropriation for disaster assist- there has been a loss: Provided further, That ob- exhausted: Provided further, That all funds ance under this head in this Act or previous ap- ligated and unobligated balances provided for used pursuant to this section are hereby des- propriations Acts may be used as non-Federal trust funds management within ‘‘Operation of ignated by Congress to be ‘‘emergency require- matching funds for the purpose of hazard miti- Indian programs’’, Bureau of Indian Affairs are ments’’ pursuant to section 251(b)(2)(D) of the gation grants provided pursuant to section 404 hereby transferred to and merged with this ap- Balanced Budget and Emergency Deficit Con- of the Robert T. Stafford Disaster Relief and propriation. trol Act of 1985 and must be replenished by a Emergency Assistance Act (42 U.S.C. 5170c). ADMINISTRATIVE PROVISIONS supplemental appropriation which must be re- COMPACT OF FREE ASSOCIATION There is hereby authorized for acquisition quested as promptly as possible: Provided fur- For economic assistance and necessary ex- from available resources within the Working ther, That such replenishment funds shall be penses for the Federated States of Micronesia Capital Fund, 15 aircraft, 10 of which shall be used to reimburse, on a pro rata basis, accounts and the Republic of the Marshall Islands as for replacement and which may be obtained by from which emergency funds were transferred. provided for in sections 122, 221, 223, 232, and donation, purchase or through available excess SEC. 103. Appropriations made in this title 233 of the Compacts of Free Association, and for surplus property: Provided, That notwith- shall be available for operation of warehouses, economic assistance and necessary expenses for standing any other provision of law, existing garages, shops, and similar facilities, wherever the Republic of Palau as provided for in sections aircraft being replaced may be sold, with pro- consolidation of activities will contribute to effi- 122, 221, 223, 232, and 233 of the Compact of Free ceeds derived or trade-in value used to offset the ciency or economy, and said appropriations Association, $24,938,000, to remain available purchase price for the replacement aircraft: Pro- shall be reimbursed for services rendered to any until expended, as authorized by Public Law 99– vided further, That no programs funded with other activity in the same manner as authorized 239 and Public Law 99–658: Provided, That not- appropriated funds in ‘‘Departmental Manage- by sections 1535 and 1536 of title 31, United withstanding section 112 of Public Law 101–219 ment’’, ‘‘Office of the Solicitor’’, and ‘‘Office of States Code: Provided, That reimbursements for (103 Stat. 1873), the Secretary of the Interior Inspector General’’ may be augmented through costs and supplies, materials, equipment, and may agree to technical changes in the specifica- the Working Capital Fund or the Consolidated for services rendered may be credited to the ap- tions for the project described in the subsidiary Working Fund. propriation current at the time such reimburse- agreement negotiated under section 212(a) of the GENERAL PROVISIONS, DEPARTMENT OF ments are received. Compact of Free Association, Public Law 99–658, THE INTERIOR SEC. 104. Appropriations made to the Depart- ment of the Interior in this title shall be avail- or its annex, if the changes do not result in in- SEC. 101. Appropriations made in this title able for services as authorized by 5 U.S.C. 3109, creased costs to the United States. shall be available for expenditure or transfer when authorized by the Secretary, in total (within each bureau or office), with the ap- DEPARTMENTAL OFFICES amount not to exceed $500,000; hire, mainte- proval of the Secretary, for the emergency re- DEPARTMENTAL MANAGEMENT nance, and operation of aircraft; hire of pas- construction, replacement, or repair of aircraft, senger motor vehicles; purchase of reprints; pay- SALARIES AND EXPENSES buildings, utilities, or other facilities or equipment for telephone service in private residences For necessary expenses for management of the ment damaged or destroyed by fire, flood, storm, in the field, when authorized under regulations Department of the Interior, $57,340,000, of which or other unavoidable causes: Provided, That no approved by the Secretary; and the payment of not to exceed $7,500 may be for official reception funds shall be made available under this au- dues, when authorized by the Secretary, for li- and representation expenses. thority until funds specifically made available brary membership in societies or associations OFFICE OF THE SOLICITOR to the Department of the Interior for emer- which issue publications to members only or at gencies shall have been exhausted: Provided SALARIES AND EXPENSES a price to members lower than to subscribers further, That all funds used pursuant to this For necessary expenses of the Office of the So- who are not members. section are hereby designated by Congress to be licitor, $34,516,000. SEC. 105. Appropriations available to the De- ‘‘emergency requirements’’ pursuant to section OFFICE OF INSPECTOR GENERAL partment of the Interior for salaries and ex- 251(b)(2)(D) of the Balanced Budget and Emer- penses shall be available for uniforms or allow- SALARIES AND EXPENSES gency Deficit Control Act of 1985 and must be ances therefor, as authorized by law (5 U.S.C. For necessary expenses of the Office of In- replenished by a supplemental appropriation 5901–5902 and D.C. Code 4–204). spector General, $23,939,000. which must be requested as promptly as pos- SEC. 106. Appropriations made in this title CONSTRUCTION MANAGEMENT sible. shall be available for obligation in connection SEC. 102. The Secretary may authorize the ex- SALARIES AND EXPENSES with contracts issued for services or rentals for penditure or transfer of any no year appropria- periods not in excess of twelve months beginning For necessary expenses of the Office of Con- tion in this title, in addition to the amounts instruction Management, $500,000. at any time during the fiscal year. cluded in the budget programs of the several SEC. 107. Appropriations made in this title NATIONAL INDIAN GAMING COMMISSION agencies, for the suppression or emergency pre- from the Land and Water Conservation Fund SALARIES AND EXPENSES vention of forest or range fires on or threatening for acquisition of lands and waters, or interests For necessary expenses of the National Indian lands under the jurisdiction of the Department therein, shall be available for transfer, with the Gaming Commission, pursuant to Public Law of the Interior; for the emergency rehabilitation approval of the Secretary, between the following 100–497, $1,000,000: Provided, That on March 1, of burned-over lands under its jurisdiction; for accounts: Bureau of Land Management, Land 1996, the Chairman shall submit to the Secretary emergency actions related to potential or actual acquisition, United States Fish and Wildlife a report detailing those Indian tribes or tribal earthquakes, floods, volcanoes, storms, or other Service, Land acquisition, and National Park organizations with gaming operations that are unavoidable causes; for contingency planning Service, Land acquisition and State assistance. in full compliance, partial compliance, or non- subsequent to actual oilspills; response and nat- Use of such funds are subject to the reprogram- compliance with the provisions of the Indian ural resource damage assessment activities re- ming guidelines of the House and Senate Com- Gaming Regulatory Act (25 U.S.C. 2701, et seq.): lated to actual oilspills; for the prevention, sup- mittees on Appropriations. Provided further, That the information con- pression, and control of actual or potential SEC. 108. Prior to the transfer of Presidio tained in the report shall be updated on a con- grasshopper and Mormon cricket outbreaks on properties to the Presidio Trust, when author- tinuing basis. lands under the jurisdiction of the Secretary, ized, the Secretary may not obligate in any cal- pursuant to the authority in section 1773(b) of endar month more than 1⁄12 of the fiscal year OFFICE OF SPECIAL TRUSTEE FOR AMERICAN Public Law 99–198 (99 Stat. 1658); for emergency 1996 appropriation for operation of the Presidio: INDIANS reclamation projects under section 410 of Public Provided, That this section shall expire on De- FEDERAL TRUST PROGRAMS Law 95–87; and shall transfer, from any no year cember 31, 1995. For operation of trust programs for Indians by funds available to the Office of Surface Mining SEC. 109. Section 6003 of Public Law 101–380 is direct expenditure, contracts, cooperative agree- Reclamation and Enforcement, such funds as hereby repealed. ments, compacts, and grants, $16,338,000, of may be necessary to permit assumption of regu- SEC. 110. None of the funds appropriated or which $15,891,000 shall remain available until latory authority in the event a primacy State is otherwise made available by this Act may be ob- expended for trust funds management: Provided, not carrying out the regulatory provisions of the ligated or expended by the Secretary of the Inte- That funds made available to tribes and tribal Surface Mining Act: Provided, That appropria- rior for developing, promulgating, and there- organizations through contracts or grants obli- tions made in this title for fire suppression pur- after implementing a rule concerning rights-of- gated during fiscal year 1996, as authorized by poses shall be available for the payment of obli- way under section 2477 of the Revised Statutes. the Indian Self-Determination Act of 1975 (88 gations incurred during the preceding fiscal SEC. 111. No funds provided in this title may Stat. 2203; 25 U.S.C. 450 et seq.), shall remain year, and for reimbursement to other Federal be expended by the Department of the Interior available until expended by the contractor or agencies for destruction of vehicles, aircraft, or for the conduct of offshore leasing and related

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00161 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2502 CONGRESSIONAL RECORD — SENATE March 20, 1996 activities placed under restriction in the Presi- this subsection to be provided as set forth in until the Secretary notifies the Congress that dent’s moratorium statement of June 26, 1990, in subsection (c) until Congress otherwise provides the full amount of all funds necessary for reset- the areas of Northern, Central, and Southern by law. tlement at Rongelap has been provided.’’. California; the North Atlantic; Washington and ‘‘(c) The additional amounts referred to in TITLE II—RELATED AGENCIES Oregon; and the Eastern Gulf of Mexico south subsection (b) shall be made available to the DEPARTMENT OF AGRICULTURE of 26 degrees north latitude and east of 86 de- Secretary for obligation as follows: grees west longitude. ‘‘(1) for fiscal years 1996 through 2001, FOREST SERVICE SEC. 112. No funds provided in this title may $4,580,000 annually for capital infrastructure FOREST RESEARCH be expended by the Department of the Interior projects as Impact Aid for Guam under section For necessary expenses of forest research as for the conduct of leasing, or the approval or 104(c)(6) of Public Law 99–239; authorized by law, $177,757,000, to remain avail- permitting of any drilling or other exploration ‘‘(2) for fiscal year 1996, $7,700,000 shall be able until September 30, 1997. activity, on lands within the North Aleutian provided for capital infrastructure projects in Basin planning area. American Samoa; $4,420,000 for resettlement of STATE AND PRIVATE FORESTRY SEC. 113. No funds provided in this title may Rongelap Atoll; and For necessary expenses of cooperating with, ‘‘(3) for fiscal years 1997 and thereafter, all be expended by the Department of the Interior and providing technical and financial assist- such amounts shall be available solely for cap- for the conduct of preleasing and leasing activi- ance to States, Territories, possessions, and oth- ital infrastructure projects in Guam, the Virgin ties in the Eastern Gulf of Mexico for Outer ers and for forest pest management activities, Islands, American Samoa, the Commonwealth of Continental Shelf Lease Sale 151 in the Outer cooperative forestry and education and land the Northern Mariana Islands, the Republic of Continental Shelf Natural Gas and Oil Resource conservation activities, $136,695,000, to remain Palau, the Federated States of Micronesia and Management Comprehensive Program, 1992– available until expended, as authorized by law: the Republic of the Marshall Islands: Provided, 1997. Provided, That of funds available under this That, in fiscal year 1997, $3,000,000 of such SEC. 114. No funds provided in this title may heading for Pacific Northwest Assistance in this amounts shall be made available to the College be expended by the Department of the Interior or prior appropriations Acts, $200,000 shall be for the conduct of preleasing and leasing activi- of the Northern Marianas and beginning in fiscal year 1997, and in each year thereafter, not provided to the World Forestry Center for pur- ties in the Atlantic for Outer Continental Shelf poses of continuing scientific research and other Lease Sale 164 in the Outer Continental Shelf to exceed $3,000,000 may be allocated, as provided in appropriations Acts, to the Secretary of authorized efforts regarding the land exchange Natural Gas and Oil Resource Management efforts in the Umpqua River Basin Region. Comprehensive Program, 1992–1997. the Interior for use by Federal agencies or the NATIONAL FOREST SYSTEM SEC. 115. (a) Of the funds appropriated by this Commonwealth of the Northern Mariana Is- Act or any subsequent Act providing for appro- lands to address immigration, labor, and law en- For necessary expenses of the Forest Service, priations in fiscal years 1996 and 1997, not more forcement issues in the Northern Mariana Is- not otherwise provided for, for management, than 50 percent of any self-governance funds lands. The specific projects to be funded in protection, improvement, and utilization of the that would otherwise be allocated to each In- American Samoa shall be set forth in a five-year National Forest System, for ecosystem planning, dian tribe in the State of Washington shall ac- plan for infrastructure assistance developed by inventory, and monitoring, and for administra- tually be paid to or on account of such Indian the Secretary of the Interior in consultation tive expenses associated with the management of tribe from and after the time at which such tribe with the American Samoa Government and up- funds provided under the heads ‘‘Forest Re- shall— dated annually and submitted to the Congress search’’, ‘‘State and Private Forestry’’, ‘‘Na- (1) take unilateral action that adversely im- concurrent with the budget justifications for the tional Forest System’’, ‘‘Construction’’, ‘‘Fire pacts the existing rights to and/or customary Department of the Interior. In developing budg- Protection and Emergency Suppression’’, and uses of, nontribal member owners of fee simple et recommendations for capital infrastructure ‘‘Land Acquisition’’, $1,255,004,999, to remain land within the exterior boundary of the tribe’s funding, the Secretary shall indicate the highest available for obligation until September 30, 1997, reservation to water, electricity, or any other priority projects, consider the extent to which and including 65 per centum of all monies re- similar utility or necessity for the nontribal particular projects are part of an overall master ceived during the prior fiscal year as fees col- members’ residential use of such land; or plan, whether such project has been reviewed by lected under the Land and Water Conservation (2) restrict or threaten to restrict said owners the Corps of Engineers and any recommenda- Fund Act of 1965, as amended, in accordance use of or access to publicly maintained rights-of- tions made as a result of such review, the extent with section 4 of the Act (16 U.S.C. 460l–6a(i)), way necessary or desirable in carrying the utili- to which a set-aside for maintenance would en- of which not more than $81,249,999 shall be ties or necessities described above. hance the life of the project, the degree to which available for travel expenses: Provided, That (b) Such penalty shall not attach to the initi- a local cost-share requirement would be con- unobligated and unexpended balances in the ation of any legal actions with respect to such sistent with local economic and fiscal capabili- National Forest System account at the end of rights or the enforcement of any final judg- ties, and may propose an incremental set-aside, fiscal year 1995, shall be merged with and made ments, appeals from which have been exhausted, not to exceed $2,000,000 per year, to remain a part of the fiscal year 1996 National Forest with respect thereto. available without fiscal year limitation, as an System appropriation, and shall remain avail- SEC. 116. Within 30 days after the enactment emergency fund in the event of natural or other able for obligation until September 30, 1997: Pro- of this Act, the Department of the Interior shall disasters to supplement other assistance in the vided further, That up to $5,000,000 of the funds issue a specific schedule for the completion of repair, replacement, or hardening of essential provided herein for road maintenance shall be the Lake Cushman Land Exchange Act (Public facilities: Provided further, That the cumulative available for the planned obliteration of roads Law 102–436) and shall complete the exchange amount set aside for such emergency fund may which are no longer needed. not later than September 30, 1996. not exceed $10,000,000 at any time. WILDLAND FIRE MANAGEMENT ‘‘(d) Within the amounts allocated for infra- SEC. 117. Notwithstanding Public Law 90–544, For necessary expenses for forest fire structure pursuant to this section, and subject as amended, the National Park Service is au- presuppression activities on National Forest to the specific allocations made in subsection thorized to expend appropriated funds for main- System lands, for emergency fire suppression on (c), additional contributions may be made, as set tenance and repair of the Company Creek Road or adjacent to National Forest System lands or forth in appropriations Acts, to assist in the rein the Lake Chelan National Recreation Area: other lands under fire protection agreement, settlement of Rongelap Atoll: Provided, That the Provided, That appropriated funds shall not be and for emergency rehabilitation of burned over total of all contributions from any Federal expended for the purpose of improving the prop- National Forest System lands, $385,485,000, to source after enactment of this Act may not ex- erty of private individuals unless specifically remain available until expended: Provided, That ceed $32,000,000 and shall be contingent upon an authorized by law. unexpended balances of amounts previously ap- SEC. 118. Section 4(b) of Public Law 94–241 (90 agreement, satisfactory to the President, that propriated under any other headings for Forest Stat. 263) as added by section 10 of Public Law such contributions are a full and final settle- Service fire activities may be transferred to and 99–396 is amended by deleting ‘‘until Congress ment of all obligations of the United States to merged with this appropriation: Provided fur- otherwise provides by law.’’ and inserting in assist in the resettlement of Rongelop Atoll and ther, That such funds are available for repay- lieu thereof: ‘‘except that, for fiscal years 1996 that such funds will be expended solely on reset- ment of advances from other appropriations ac- through 2002, payments to the Commonwealth of tlement activities and will be properly audited counts previously transferred for such purposes. the Northern Mariana Islands pursuant to the and accounted for. In order to provide such con- multi-year funding agreements contemplated tributions in a timely manner, each Federal CONSTRUCTION under the Covenant shall be $11,000,000 annu- agency providing assistance or services, or con- For necessary expenses of the Forest Service, ally, subject to an equal local match and all ducting activities, in the Republic of the Mar- not otherwise provided for, $163,384,000, to re- other requirements set forth in the Agreement of shall Islands, is authorized to make funds avail- main available until expended, for construction the Special Representatives on Future Federal able through the Secretary of the Interior, to as- and acquisition of buildings and other facilities, Financial Assistance of the Northern Mariana sist in the resettlement of Rongelap. Nothing in and for construction and repair of forest roads Islands, executed on December 17, 1992 between this subsection shall be construed to limit the and trails by the Forest Service as authorized by the special representative of the President of the provision of ex gratia assistance pursuant to 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: United States and special representatives of the section 105(c)(2) of the Compact of Free Associa- Provided, That funds becoming available in fis- Governor of the Northern Mariana Islands with tion Act of 1985 (Public Law 99–239, 99 Stat. cal year 1996 under the Act of March 4, 1913 (16 any additional amounts otherwise made avail- 1770, 1792) including for individuals choosing U.S.C. 501) shall be transferred to the General able under this section in any fiscal year and not to resettle at Rongelap, except that no such Fund of the Treasury of the United States: Pro- not required to meet the schedule of payments in assistance for such individuals may be provided vided further, That not to exceed $50,000,000, to

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00162 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2503 remain available until expended, may be obli- two for replacement only, and acquisition of 20 incur necessary expenses for the nonmonetary gated for the construction of forest roads by tim- aircraft from excess sources; notwithstanding recognition of private individuals and organiza- ber purchasers: Provided further, That other provisions of law, existing aircraft being tions that make contributions to Forest Service $2,500,000 of the funds appropriated herein shall replaced may be sold, with proceeds derived or programs. be available for a grant to the ‘‘Non-Profit Citi- trade-in value used to offset the purchase price Notwithstanding any other provision of law, zens for the Columbia Gorge Discovery Center’’ for the replacement aircraft; (b) services pursu- money collected, in advance or otherwise, by the for the construction of the Columbia Gorge Dis- ant to the second sentence of section 706(a) of Forest Service under authority of section 101 of covery Center: Provided further, That the For- the Organic Act of 1944 (7 U.S.C. 2225), and not Public Law 93–153 (30 U.S.C. 185(1)) as reim- est Service is authorized to grant the unobli- to exceed $100,000 for employment under 5 bursement of administrative and other costs in- gated balance of funds appropriated in fiscal U.S.C. 3109; (c) purchase, erection, and alter- curred in processing pipeline right-of-way or year 1995 for the construction of the Columbia ation of buildings and other public improve- permit applications and for costs incurred in Gorge Discovery Center and related trail con- ments (7 U.S.C. 2250); (d) acquisition of land, monitoring the construction, operation, mainte- struction funds to the ‘‘Non-Profit Citizens for waters, and interests therein, pursuant to the nance, and termination of any pipeline and re- the Columbia Gorge Discovery Center’’ to be Act of August 3, 1956 (7 U.S.C. 428a); (e) for ex- lated facilities, may be used to reimburse the ap- used for the same purpose: Provided further, penses pursuant to the Volunteers in the Na- plicable appropriation to which such costs were That the Forest Service is authorized to convey tional Forest Act of 1972 (16 U.S.C. 558a, 558d, originally charged. the land needed for the construction of the Co- 558a note); and (f) for debt collection contracts Funds available to the Forest Service shall be lumbia Gorge Discovery Center without cost to in accordance with 31 U.S.C. 3718(c). available to conduct a program of not less than the ‘‘Non-Profit Citizens for the Columbia Gorge None of the funds made available under this $1,000,000 for high priority projects within the Discovery Center’’: Provided further, That not- Act shall be obligated or expended to change the scope of the approved budget which shall be withstanding any other provision of law, funds boundaries of any region, to abolish any region, carried out by the Youth Conservation Corps as originally appropriated under this head in Pub- to move or close any regional office for research, authorized by the Act of August 13, 1970, as lic Law 101–512 for the Forest Service share of a State and private forestry, or National Forest amended by Public Law 93–408. new research facility at the University of Mis- System administration of the Forest Service, De- None of the funds available in this Act shall souri, Columbia, shall be available for a grant to partment of Agriculture, or to implement any re- be used for timber sale preparation using the University of Missouri, as the Federal share organization, ‘‘reinvention’’ or other type of or- clearcutting in hardwood stands in excess of 25 in the construction of the new facility: Provided ganizational restructuring of the Forest Service, percent of the fiscal year 1989 harvested volume further, That agreed upon lease of space in the other than the relocation of the Regional Office in the Wayne National Forest, Ohio: Provided, new facility shall be provided to the Forest Serv- for Region 5 of the Forest Service from San That this limitation shall not apply to hard- ice without charge for the life of the building. Francisco to excess military property at Mare Is- wood stands damaged by natural disaster: Pro- vided further, That landscape architects shall LAND ACQUISITION land, Vallejo, California, without the consent of the House and Senate Committees on Appropria- be used to maintain a visually pleasing forest. For expenses necessary to carry out the provi- tions and the Committee on Agriculture, Nutri- Any money collected from the States for fire sions of the Land and Water Conservation Fund tion, and Forestry and the Committee on Energy suppression assistance rendered by the Forest Act of 1965, as amended (16 U.S.C. 460l–4–11), and Natural Resources in the United States Sen- Service on non-Federal lands not in the vicinity including administrative expenses, and for ac- ate and the Committee on Agriculture and the of National Forest System lands shall be used to quisition of land or waters, or interest therein, Committee on Resources in the United States reimburse the applicable appropriation and in accordance with statutory authority applica- House of Representatives. shall remain available until expended as the ble to the Forest Service, $41,200,000, to be de- Any appropriations or funds available to the Secretary may direct in conducting activities rived from the Land and Water Conservation Forest Service may be advanced to the Fire and authorized by 16 U.S.C. 2101 (note), 2101–2110, Fund, to remain available until expended. Emergency Suppression appropriation and may 1606, and 2111. ACQUISITION OF LANDS FOR NATIONAL FORESTS be used for forest firefighting and the emergency Of the funds available to the Forest Service, SPECIAL ACTS rehabilitation of burned-over lands under its ju- $1,500 is available to the Chief of the Forest For acquisition of lands within the exterior risdiction: Provided, That no funds shall be Service for official reception and representation boundaries of the Cache, Uinta, and Wasatch made available under this authority until funds expenses. National Forests, Utah; the Toiyabe National appropriated to the ‘‘Emergency Forest Service Notwithstanding any other provision of law, Forest, Nevada; and the Angeles, San Firefighting Fund’’ shall have been exhausted. the Forest Service is authorized to employ or Bernardino, Sequoia, and Cleveland National Any funds available to the Forest Service may otherwise contract with persons at regular rates Forests, California, as authorized by law, be used for retrofitting Mare Island facilities to of pay, as determined by the Service, to perform $1,069,000, to be derived from forest receipts. accommodate the relocation: Provided, That work occasioned by emergencies such as fires, storms, floods, earthquakes or any other un- ACQUISITION OF LANDS TO COMPLETE LAND funds for the move must come from funds other- avoidable cause without regard to Sundays, EXCHANGES wise available to Region 5: Provided further, That any funds to be provided for such purposes Federal holidays, and the regular workweek. For acquisition of lands, to be derived from shall only be available upon approval of the To the greatest extent possible, and in accord- funds deposited by State, county, or municipal House and Senate Committees on Appropria- ance with the Final Amendment to the Shawnee governments, public school districts, or other tions. National Forest Plan, none of the funds avail- public school authorities pursuant to the Act of Funds appropriated to the Forest Service shall able in this Act shall be used for preparation of December 4, 1967, as amended (16 U.S.C. 484a), be available for assistance to or through the timber sales using clearcutting or other forms of to remain available until expended. Agency for International Development and the even aged management in hardwood stands in RANGE BETTERMENT FUND Foreign Agricultural Service in connection with the Shawnee National Forest, Illinois. For necessary expenses of range rehabilita- forest and rangeland research, technical infor- Funds appropriated to the Forest Service shall tion, protection, and improvement, 50 per cen- mation, and assistance in foreign countries, and be available for interactions with and providing tum of all moneys received during the prior fis- shall be available to support forestry and re- technical assistance to rural communities for cal year, as fees for grazing domestic livestock lated natural resource activities outside the sustainable rural development purposes. on lands in National Forests in the sixteen United States and its territories and possessions, Notwithstanding any other provision of law, Western States, pursuant to section 401(b)(1) of including technical assistance, education and eighty percent of the funds appropriated to the Public Law 94–579, as amended, to remain avail- training, and cooperation with United States Forest Service in the National Forest System able until expended, of which not to exceed 6 and international organizations. and Construction accounts and planned to be per centum shall be available for administrative None of the funds made available to the For- allocated to activities under the ‘‘Jobs in the expenses associated with on-the-ground range est Service under this Act shall be subject to Woods’’ program for projects on National Forest rehabilitation, protection, and improvements. transfer under the provisions of section 702(b) of land in the State of Washington may be granted GIFTS, DONATIONS AND BEQUESTS FOR FOREST the Department of Agriculture Organic Act of directly to the Washington State Department of AND RANGELAND RESEARCH 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the Fish and Wildlife for accomplishment of planned projects. Twenty percent of said funds For expenses authorized by 16 U.S.C. 1643(b), proposed transfer is approved in advance by the shall be retained by the Forest Service for plan- $92,000, to remain available until expended, to House and Senate Committees on Appropria- ning and administering projects. Project selec- be derived from the fund established pursuant to tions in compliance with the reprogramming tion and prioritization shall be accomplished by the above Act. procedures contained in House Report 103–551. No funds appropriated to the Forest Service the Forest Service with such consultation with ADMINISTRATIVE PROVISIONS, FOREST SERVICE shall be transferred to the Working Capital the State of Washington as the Forest Service Appropriations to the Forest Service for the Fund of the Department of Agriculture without deems appropriate. current fiscal year shall be available for: (a) the approval of the Chief of the Forest Service. For one year after enactment of this Act, the purchase of not to exceed 183 passenger motor Notwithstanding any other provision of law, Secretary shall continue the current Tongass vehicles of which 32 will be used primarily for any appropriations or funds available to the Land Management Plan (TLMP) and may ac- law enforcement purposes and of which 151 Forest Service may be used to disseminate pro- commodate commercial tourism (if an agreement shall be for replacement; acquisition of 22 pas- gram information to private and public individ- is signed between the Forest Service and the senger motor vehicles from excess sources, and uals and organizations through the use of non- Alaska Visitors’ Association) except that during hire of such vehicles; operation and mainte- monetary items of nominal value and to provide this period, the Secretary shall maintain at least nance of aircraft, the purchase of not to exceed nonmonetary awards of nominal value and to the number of acres of suitable available and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00163 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2504 CONGRESSIONAL RECORD — SENATE March 20, 1996 suitable scheduled timber lands, and Allowable $148,786,000, to remain available until expended: cleaning of uniforms; and reimbursement to the Sale Quantity as identified in the Preferred Al- Provided, That the requirements of 10 U.S.C. General Services Administration for security ternative (Alternative P) in the Tongass Land 7430(b)(2)(B) shall not apply to fiscal year 1996: guard services. and Resources Management Plan and Final En- Provided further, That section 501 of Public From appropriations under this Act, transfers vironmental Impact Statement (dated October Law 101–45 is hereby repealed. of sums may be made to other agencies of the 1992) as selected in the Record of Decision Re- ENERGY CONSERVATION Government for the performance of work for which the appropriation is made. view Draft #3–2/93. Nothing in this paragraph For necessary expenses in carrying out energy shall be interpreted to mandate clear-cutting or None of the funds made available to the De- conservation activities, $553,240,000, to remain partment of Energy under this Act shall be used require the sale of timber and nothing in this available until expended, including, notwith- paragraph, including the ASQ identified in Al- to implement or finance authorized price sup- standing any other provision of law, the excess port or loan guarantee programs unless specific ternative P, shall be construed to limit the Sec- amount for fiscal year 1996 determined under retary’s consideration of new information or to provision is made for such programs in an ap- the provisions of section 3003(d) of Public Law propriations Act. prejudice future revision, amendment or modi- 99–509 (15 U.S.C. 4502), and of which $16,000,000 fication of TLMP based upon sound, verifiable The Secretary is authorized to accept lands, shall be derived from available unobligated bal- buildings, equipment, and other contributions scientific data. ances in the Biomass Energy Development ac- from public and private sources and to prosecute If the Forest Service determines in a Supple- count: Provided, That $140,696,000 shall be for mental Evaluation to an Environmental Impact projects in cooperation with other agencies, use in energy conservation programs as defined Federal, State, private, or foreign: Provided, Statement that no additional analysis under the in section 3008(3) of Public Law 99–509 (15 National Environmental Policy Act or section That revenues and other moneys received by or U.S.C. 4507) and shall not be available until ex- for the account of the Department of Energy or 810 of the Alaska National Interest Lands Con- cess amounts are determined under the provi- otherwise generated by sale of products in conservation Act is necessary for any timber sale or sions of section 3003(d) of Public Law 99–509 (15 nection with projects of the Department appro- offering which has been prepared for acceptance U.S.C. 4502): Provided further, That notwith- priated under this Act may be retained by the by, or award to, a purchaser after December 31, standing section 3003(d)(2) of Public Law 99–509 Secretary of Energy, to be available until ex- 1988, that has been subsequently determined by such sums shall be allocated to the eligible pro- pended, and used only for plant construction, the Forest Service to be available for sale or of- grams as follows: $114,196,000 for the weather- operation, costs, and payments to cost-sharing fering to one or more other purchaser, the ization assistance program and $26,500,000 for entities as provided in appropriate cost-sharing change of purchasers for whatever reason shall the State energy conservation program. contracts or agreements: Provided further, That not be considered a significant new cir- ECONOMIC REGULATION the remainder of revenues after the making of cumstance, and the Forest Service may offer or such payments shall be covered into the Treas- award such timber sale or offering to a different For necessary expenses in carrying out the activities of the Economic Regulatory Administra- ury as miscellaneous receipts: Provided further, purchaser or offeree, notwithstanding any other That any contract, agreement, or provision provision of law. A determination by the Forest tion and the Office of Hearings and Appeals, $6,297,000, to remain available until expended. thereof entered into by the Secretary pursuant Service pursuant to this paragraph shall not be to this authority shall not be executed prior to STRATEGIC PETROLEUM RESERVE subject to judicial review. the expiration of 30 calendar days (not includ- None of the funds appropriated under this Act (INCLUDING TRANSFER OF FUNDS) ing any day in which either House of Congress for the Forest Service shall be made available For necessary expenses for Strategic Petro- is not in session because of adjournment of more for the purpose of applying paint to rocks, or leum Reserve facility development and oper- than three calendar days to a day certain) from rock colorization: Provided, That notwith- ations and program management activities pur- the receipt by the Speaker of the House of Rep- standing any other provision of law, the Forest suant to the Energy Policy and Conservation resentatives and the President of the Senate of Service shall not require of any individual or Act of 1975, as amended (42 U.S.C. 6201 et seq.), a full comprehensive report on such project, in- entity, as part of any permitting process under $287,000,000, to remain available until expended, cluding the facts and circumstances relied upon its authority, or as a requirement of compliance of which $187,000,000 shall be derived by trans- in support of the proposed project. with the National Environmental Policy Act of fer of unobligated balances from the ‘‘SPR pe- No funds provided in this Act may be ex- 1969 (42 U.S.C. 4231 et seq.), the painting or troleum account’’ and $100,000,000 shall be de- pended by the Department of Energy to prepare, colorization of rocks. rived by transfer from the ‘‘SPR Decommis- issue, or process procurement documents for pro- DEPARTMENT OF ENERGY sioning Fund’’: Provided, That notwithstanding grams or projects for which appropriations have FOSSIL ENERGY RESEARCH AND DEVELOPMENT section 161 of the Energy Policy and Conserva- not been made. For necessary expenses in carrying out fossil tion Act, the Secretary shall draw down and sell DEPARTMENT OF HEALTH AND HUMAN energy research and development activities, up to seven million barrels of oil from the Stra- SERVICES under the authority of the Department of En- tegic Petroleum Reserve: Provided further, That INDIAN HEALTH SERVICE ergy Organization Act (Public Law 95–91), in- the proceeds from the sale shall be deposited INDIAN HEALTH SERVICES into a special account in the Treasury, to be es- cluding the acquisition of interest, including de- For expenses necessary to carry out the Act of tablished and known as the ‘‘SPR Decommis- feasible and equitable interests in any real prop- August 5, 1954 (68 Stat. 674), the Indian Self-De- sioning Fund’’, and shall be available for the erty or any facility or for plant or facility acqui- termination Act, the Indian Health Care Im- purpose of removal of oil from and decommis- sition or expansion, and for promoting health provement Act, and titles II and III of the Pub- sioning of the Weeks Island site and for other and safety in mines and the mineral industry lic Health Service Act with respect to the Indian purposes related to the operations of the Stra- through research (30 U.S.C. 3, 861(b), and Health Service, $1,747,842,000, together with tegic Petroleum Reserve. 951(a)), for conducting inquiries, technological payments received during the fiscal year pursu- investigations and research concerning the ex- SPR PETROLEUM ACCOUNT ant to 42 U.S.C. 300aaa–2 for services furnished traction, processing, use, and disposal of min- Notwithstanding 42 U.S.C. 6240(d) the United by the Indian Health Service: Provided, That of eral substances without objectionable social and States share of crude oil in Naval Petroleum Re- the funds provided, $800,000 shall be used for in- environmental costs (30 U.S.C. 3, 1602, and serve Numbered 1 (Elk Hills) may be sold or oth- halant abuse treatment programs to treat inhal- 1603), and for the development of methods for erwise disposed of to other than the Strategic ant abuse and to provide for referrals to special- the disposal, control, prevention, and reclama- Petroleum Reserve: Provided, That outlays in ized treatment facilities in the United States: tion of waste products in the mining, minerals, fiscal year 1996 resulting from the use of funds Provided further, That funds made available to metal, and mineral reclamation industries (30 in this account shall not exceed $5,000,000. tribes and tribal organizations through con- U.S.C. 3 and 21a), $417,092,000, to remain avail- ENERGY INFORMATION ADMINISTRATION tracts, grant agreements, or any other agree- able until expended: Provided, That no part of For necessary expenses in carrying out the ac- ments or compacts authorized by the Indian the sum herein made available shall be used for tivities of the Energy Information Administra- Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall be the field testing of nuclear explosives in the re- tion, $72,266,000, to remain available until ex- deemed to be obligated at the time of the grant covery of oil and gas. pended: Provided, That notwithstanding section or contract award and thereafter shall remain ALTERNATIVE FUELS PRODUCTION 4(d) of the Service Contract Act of 1965 (41 available to the tribe or tribal organization (INCLUDING TRANSFER OF FUNDS) U.S.C. 353(d)) or any other provision of law, without fiscal year limitation: Provided further, Monies received as investment income on the funds appropriated under this heading hereafter That $12,000,000 shall remain available until ex- principal amount in the Great Plains Project may be used to enter into a contract for end use pended, for the Indian Catastrophic Health Trust at the Norwest Bank of North Dakota, in consumption surveys for a term not to exceed Emergency Fund: Provided further, That such sums as are earned as of October 1, 1995, eight years: Provided further, That notwith- $350,564,000 for contract medical care shall re- shall be deposited in this account and imme- standing any other provision of law, hereafter main available for obligation until September 30, diately transferred to the General Fund of the the Manufacturing Energy Consumption Survey 1997: Provided further, That of the funds pro- Treasury. Monies received as revenue sharing shall be conducted on a triennial basis. vided, not less than $11,306,000 shall be used to from the operation of the Great Plains Gasifi- ADMINISTRATIVE PROVISIONS, DEPARTMENT OF carry out the loan repayment program under cation Plant shall be immediately transferred to ENERGY section 108 of the Indian Health Care Improve- the General Fund of the Treasury. Appropriations under this Act for the current ment Act, as amended: Provided further, That NAVAL PETROLEUM AND OIL SHALE RESERVES fiscal year shall be available for hire of pas- funds provided in this Act may be used for one- For necessary expenses in carrying out naval senger motor vehicles; hire, maintenance, and year contracts and grants which are to be per- petroleum and oil shale reserve activities, operation of aircraft; purchase, repair, and formed in two fiscal years, so long as the total

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00164 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2505 obligation is recorded in the year for which the tation: Provided further, That notwithstanding certified eligible relocatees who have selected funds are appropriated: Provided further, That any other law or regulation, funds transferred and received an approved homesite on the Nav- the amounts collected by the Secretary of Health from the Department of Housing and Urban De- ajo reservation or selected a replacement resi- and Human Services under the authority of title velopment to the Indian Health Service shall be dence off the Navajo reservation or on the land IV of the Indian Health Care Improvement Act administered under Public Law 86–121 (the In- acquired pursuant to 25 U.S.C. 640d–10. shall be available for two fiscal years after the dian Sanitation Facilities Act) and Public Law INSTITUTE OF AMERICAN INDIAN AND ALASKA fiscal year in which they were collected, for the 93–638, as amended: Provided further, That NATIVE CULTURE AND ARTS DEVELOPMENT purpose of achieving compliance with the appli- funds appropriated to the Indian Health Service PAYMENT TO THE INSTITUTE cable conditions and requirements of titles in this Act, except those used for administrative For payment to the Institute of American In- XVIII and XIX of the Social Security Act (ex- and program direction purposes, shall not be dian and Alaska Native Culture and Arts Devel- clusive of planning, design, or construction of subject to limitations directed at curtailing Fed- opment, as authorized by title XV of Public Law new facilities): Provided further, That of the eral travel and transportation: Provided fur- 99–498 (20 U.S.C. 4401 et seq.), $5,500,000. funds provided, $7,500,000 shall remain available ther, That the Indian Health Service shall nei- SMITHSONIAN INSTITUTION until expended, for the Indian Self-Determina- ther bill nor charge those Indians who may have tion Fund, which shall be available for the the economic means to pay unless and until SALARIES AND EXPENSES transitional costs of initial or expanded tribal such time as Congress has agreed upon a spe- For necessary expenses of the Smithsonian In- contracts, grants or cooperative agreements with cific policy to do so and has directed the Indian stitution, as authorized by law, including re- the Indian Health Service under the provisions Health Service to implement such a policy: Pro- search in the fields of art, science, and history; of the Indian Self-Determination Act: Provided vided further, That, notwithstanding any other development, preservation, and documentation further, That funding contained herein, and in provision of law, funds previously or herein of the National Collections; presentation of pub- any earlier appropriations Acts for scholarship made available to a tribe or tribal organization lic exhibits and performances; collection, prepa- programs under the Indian Health Care Im- through a contract, grant or agreement author- ration, dissemination, and exchange of informa- provement Act (25 U.S.C. 1613) shall remain ized by title I of the Indian Self-Determination tion and publications; conduct of education, available for obligation until September 30, 1997: and Education Assistance Act of 1975 (88 Stat. training, and museum assistance programs; Provided further, That amounts received by 2203; 25 U.S.C. 450), may be deobligated and re- maintenance, alteration, operation, lease (for tribes and tribal organizations under title IV of obligated to a self-governance funding agree- terms not to exceed thirty years), and protection the Indian Health Care Improvement Act, as ment under title III of the Indian Self-Deter- of buildings, facilities, and approaches; not to amended, shall be reported and accounted for mination and Education Assistance Act of 1975 exceed $100,000 for services as authorized by 5 and available to the receiving tribes and tribal and thereafter shall remain available to the U.S.C. 3109; up to 5 replacement passenger vehi- organizations until expended. tribe or tribal organization without fiscal year cles; purchase, rental, repair, and cleaning of INDIAN HEALTH FACILITIES limitation: Provided further, That none of the uniforms for employees; $308,188,000, of which For construction, repair, maintenance, im- funds made available to the Indian Health Serv- not to exceed $30,472,000 for the instrumentation provement, and equipment of health and related ice in this Act shall be used to implement the program, collections acquisition, Museum Sup- auxiliary facilities, including quarters for per- final rule published in the Federal Register on port Center equipment and move, exhibition re- sonnel; preparation of plans, specifications, and September 16, 1987, by the Department of Health installation, the National Museum of the Amer- drawings; acquisition of sites, purchase and and Human Services, relating to eligibility for ican Indian, the repatriation of skeletal remains erection of modular buildings, and purchases of the health care services of the Indian Health program, research equipment, information man- trailers; and for provision of domestic and com- Service until the Indian Health Service has sub- agement, and Latino programming shall remain munity sanitation facilities for Indians, as au- mitted a budget request reflecting the increased available until expended and, including such thorized by section 7 of the Act of August 5, 1954 costs associated with the proposed final rule, funds as may be necessary to support American (42 U.S.C. 2004a), the Indian Self-Determination and such request has been included in an ap- overseas research centers and a total of $125,000 Act and the Indian Health Care Improvement propriations Act and enacted into law: Provided for the Council of American Overseas Research Act, and for expenses necessary to carry out the further, That funds made available in this Act Centers: Provided, That funds appropriated Act of August 5, 1954 (68 Stat. 674), the Indian are to be apportioned to the Indian Health Serv- herein are available for advance payments to Self-Determination Act, the Indian Health Care ice as appropriated in this Act, and accounted independent contractors performing research Improvement Act, and titles II and III of the for in the appropriation structure set forth in services or participating in official Smithsonian Public Health Service Act with respect to envi- this Act: Provided further, That the appropria- presentations. ronmental health and facilities support activi- tion structure for the Indian Health Service may CONSTRUCTION AND IMPROVEMENTS, NATIONAL ties of the Indian Health Service, $238,958,000, to not be altered without advance approval of the ZOOLOGICAL PARK remain available until expended: Provided, That House and Senate Committees on Appropria- For necessary expenses of planning, construc- notwithstanding any other provision of law, tions. tion, remodeling, and equipping of buildings funds appropriated for the planning, design, DEPARTMENT OF EDUCATION and facilities at the National Zoological Park, construction or renovation of health facilities OFFICE OF ELEMENTARY AND SECONDARY by contract or otherwise, $3,250,000, to remain for the benefit of an Indian tribe or tribes may EDUCATION available until expended. be used to purchase land for sites to construct, INDIAN EDUCATION REPAIR AND RESTORATION OF BUILDINGS improve, or enlarge health or related facilities. For necessary expenses to carry out, to the ex- For necessary expenses of repair and restora- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH tent not otherwise provided, title IX, part A, tion of buildings owned or occupied by the SERVICE subpart 1 of the Elementary and Secondary Smithsonian Institution, by contract or other- Appropriations in this Act to the Indian Education Act of 1965, as amended, and section wise, as authorized by section 2 of the Act of Health Service shall be available for services as 215 of the Department of Education Organiza- August 22, 1949 (63 Stat. 623), including not to authorized by 5 U.S.C. 3109 but at rates not to tion Act, $52,500,000. exceed $10,000 for services as authorized by 5 exceed the per diem rate equivalent to the max- OTHER RELATED AGENCIES U.S.C. 3109, $33,954,000, to remain available imum rate payable for senior-level positions until expended: Provided, That contracts OFFICE OF NAVAJO AND HOPI INDIAN under 5 U.S.C. 5376; hire of passenger motor ve- awarded for environmental systems, protection RELOCATION hicles and aircraft; purchase of medical equip- systems, and exterior repair or restoration of ment; purchase of reprints; purchase, renova- SALARIES AND EXPENSES buildings of the Smithsonian Institution may be tion and erection of modular buildings and ren- For necessary expenses of the Office of Navajo negotiated with selected contractors and award- ovation of existing facilities; payments for tele- and Hopi Indian Relocation as authorized by ed on the basis of contractor qualifications as phone service in private residences in the field, Public Law 93–531, $20,345,000, to remain avail- well as price. when authorized under regulations approved by able until expended: Provided, That funds pro- CONSTRUCTION the Secretary; and for uniforms or allowances vided in this or any other appropriations Act therefor as authorized by law (5 U.S.C. 5901– are to be used to relocate eligible individuals For necessary expenses for construction, 5902); and for expenses of attendance at meet- and groups including evictees from District 6, $27,700,000, to remain available until expended. ings which are concerned with the functions or Hopi-partitioned lands residents, those in sig- NATIONAL GALLERY OF ART activities for which the appropriation is made or nificantly substandard housing, and all others SALARIES AND EXPENSES which will contribute to improved conduct, su- certified as eligible and not included in the pre- For the upkeep and operations of the National pervision, or management of those functions or ceding categories: Provided further, That none Gallery of Art, the protection and care of the activities: Provided, That in accordance with of the funds contained in this or any other Act works of art therein, and administrative ex- the provisions of the Indian Health Care Im- may be used by the Office of Navajo and Hopi penses incident thereto, as authorized by the provement Act, non-Indian patients may be ex- Indian Relocation to evict any single Navajo or Act of March 24, 1937 (50 Stat. 51), as amended tended health care at all tribally administered Navajo family who, as of November 30, 1985, was by the public resolution of April 13, 1939 (Public or Indian Health Service facilities, subject to physically domiciled on the lands partitioned to Resolution 9, Seventy-sixth Congress), including charges, and the proceeds along with funds re- the Hopi Tribe unless a new or replacement services as authorized by 5 U.S.C. 3109; payment covered under the Federal Medical Care Recov- home is provided for such household: Provided in advance when authorized by the treasurer of ery Act (42 U.S.C. 2651–53) shall be credited to further, That no relocatee will be provided with the Gallery for membership in library, museum, the account of the facility providing the service more than one new or replacement home: Pro- and art associations or societies whose publica- and shall be available without fiscal year limi- vided further, That the Office shall relocate any tions or services are available to members only,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00165 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2506 CONGRESSIONAL RECORD — SENATE March 20, 1996 or to members at a price lower than to the gen- 11(a)(3)(A) during the current and preceding fis- administrative expenses and for the orderly clo- eral public; purchase, repair, and cleaning of cal years for which equal amounts have not pre- sure of the Corporation, as well as operating uniforms for guards, and uniforms, or allow- viously been appropriated. and administrative expenses for the functions ances therefor, for other employees as author- NATIONAL ENDOWMENT FOR THE HUMANITIES transferred to the General Services Administra- ized by law (5 U.S.C. 5901–5902); purchase or tion. GRANTS AND ADMINISTRATION rental of devices and services for protecting (RESCISSION) For necessary expenses to carry out the Na- buildings and contents thereof, and mainte- Of the available balances under this heading, tional Foundation on the Arts and the Human- nance, alteration, improvement, and repair of $2,172,000 are rescinded. ities Act of 1965, as amended, $94,000,000, shall buildings, approaches, and grounds; and pur- UNITED STATES HOLOCAUST MEMORIAL COUNCIL chase of services for restoration and repair of be available to the National Endowment for the HOLOCAUST MEMORIAL COUNCIL works of art for the National Gallery of Art by Humanities for support of activities in the hu- contracts made, without advertising, with indi- manities, pursuant to section 7(c) of the Act, For expenses of the Holocaust Memorial viduals, firms, or organizations at such rates or and for administering the functions of the Act, Council, as authorized by Public Law 96–388, as prices and under such terms and conditions as to remain available until September 30, 1997. amended, $28,707,000; of which $1,575,000 for the the Gallery may deem proper, $51,844,000, of MATCHING GRANTS Museum’s repair and rehabilitation program which not to exceed $3,026,000 for the special ex- To carry out the provisions of section 10(a)(2) and $1,264,000 for the Museum’s exhibition prohibition program shall remain available until of the National Foundation on the Arts and the gram shall remain available until expended. expended. Humanities Act of 1965, as amended, $16,000,000, TITLE III—GENERAL PROVISIONS REPAIR, RESTORATION AND RENOVATION OF to remain available until September 30, 1997, of SEC. 301. The expenditure of any appropria- BUILDINGS which $10,000,000 shall be available to the Na- tion under this Act for any consulting service For necessary expenses of repair, restoration tional Endowment for the Humanities for the through procurement contract, pursuant to 5 and renovation of buildings, grounds and facili- purposes of section 7(h): Provided, That this ap- U.S.C. 3109, shall be limited to those contracts ties owned or occupied by the National Gallery propriation shall be available for obligation where such expenditures are a matter of public of Art, by contract or otherwise, as authorized, only in such amounts as may be equal to the record and available for public inspection, ex- $6,442,000, to remain available until expended: total amounts of gifts, bequests, and devises of cept where otherwise provided under existing Provided, That contracts awarded for environ- money, and other property accepted by the law, or under existing Executive order issued mental systems, protection systems, and exterior Chairman or by grantees of the Endowment pursuant to existing law. repair or renovation of buildings of the National under the provisions of subsections 11(a)(2)(B) SEC. 302. No part of any appropriation under Gallery of Art may be negotiated with selected and 11(a)(3)(B) during the current and pre- this Act shall be available to the Secretary of contractors and awarded on the basis of con- ceding fiscal years for which equal amounts the Interior or the Secretary of Agriculture for tractor qualifications as well as price. have not previously been appropriated. the leasing of oil and natural gas by non- INSTITUTE OF MUSEUM SERVICES competitive bidding on publicly owned lands JOHN F. KENNEDY CENTER FOR THE PERFORMING within the boundaries of the Shawnee National GRANTS AND ADMINISTRATION ARTS Forest, Illinois: Provided, That nothing herein OPERATIONS AND MAINTENANCE For carrying out title II of the Arts, Human- is intended to inhibit or otherwise affect the ities, and Cultural Affairs Act of 1976, as For necessary expenses for the operation, sale, lease, or right to access to minerals owned amended, $21,000,000, to remain available until maintenance and security of the John F. Ken- by private individuals. September 30, 1997. nedy Center for the Performing Arts, $10,323,000: SEC. 303. No part of any appropriation con- Provided, That 40 U.S.C. 193n is hereby amend- ADMINISTRATIVE PROVISIONS tained in this Act shall be available for any ac- ed by striking the word ‘‘and’’ after the word None of the funds appropriated to the Na- tivity or the publication or distribution of lit- ‘‘Institution’’ and inserting in lieu thereof a tional Foundation on the Arts and the Human- erature that in any way tends to promote public comma, and by inserting ‘‘and the Trustees of ities may be used to process any grant or con- support or opposition to any legislative proposal the John F. Kennedy Center for the Performing tract documents which do not include the text of on which congressional action is not complete. Arts,’’ after the word ‘‘Art,’’. 18 U.S.C. 1913: Provided, That none of the funds SEC. 304. No part of any appropriation contained in this Act shall remain available for ob- CONSTRUCTION appropriated to the National Foundation on the Arts and the Humanities may be used for offi- ligation beyond the current fiscal year unless For necessary expenses of capital repair and cial reception and representation expenses. expressly so provided herein. rehabilitation of the existing features of the SEC. 305. None of the funds provided in this building and site of the John F. Kennedy Center COMMISSION OF FINE ARTS Act to any department or agency shall be obli- for the Performing Arts, $8,983,000, to remain SALARIES AND EXPENSES gated or expended to provide a personal cook, available until expended. For expenses made necessary by the Act estab- chauffeur, or other personal servants to any of- WOODROW WILSON INTERNATIONAL CENTER FOR lishing a Commission of Fine Arts (40 U.S.C. ficer or employee of such department or agency SCHOLARS 104), $834,000. except as otherwise provided by law. SEC. 306. No assessments may be levied against SALARIES AND EXPENSES NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS any program, budget activity, subactivity, or For expenses necessary in carrying out the For necessary expenses as authorized by Pub- project funded by this Act unless notice of such provisions of the Woodrow Wilson Memorial Act lic Law 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), assessments and the basis therefor are presented of 1968 (82 Stat. 1356) including hire of pas- as amended, $6,000,000. to the Committees on Appropriations and are senger vehicles and services as authorized by 5 ADVISORY COUNCIL ON HISTORIC PRESERVATION approved by such Committees. U.S.C. 3109, $5,840,000. SALARIES AND EXPENSES SEC. 307. (a) COMPLIANCE WITH BUY AMER- NATIONAL FOUNDATION ON THE ARTS AND THE ICAN ACT.—None of the funds made available in For expenses necessary for the Advisory HUMANITIES this Act may be expended by an entity unless Council on Historic Preservation, $2,500,000. NATIONAL ENDOWMENT FOR THE ARTS the entity agrees that in expending the funds NATIONAL CAPITAL PLANNING COMMISSION GRANTS AND ADMINISTRATION the entity will comply with sections 2 through 4 SALARIES AND EXPENSES of the Act of March 3, 1933 (41 U.S.C. 10a–10c; For necessary expenses to carry out the Na- popularly known as the ‘‘Buy American Act’’). tional Foundation on the Arts and the Human- For necessary expenses, as authorized by the (b) SENSE OF CONGRESS; REQUIREMENT RE- ities Act of 1965, as amended, $82,259,000, shall National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized GARDING NOTICE.— be available to the National Endowment for the (1) PURCHASE OF AMERICAN-MADE EQUIPMENT Arts for the support of projects and productions by 5 U.S.C. 3109, $5,090,000: Provided, That all appointed members will be compensated at a AND PRODUCTS.—In the case of any equipment in the arts through assistance to groups and in- or product that may be authorized to be pur- dividuals pursuant to section 5(c) of the Act, rate not to exceed the rate for Executive Sched- ule Level IV. chased with financial assistance provided using and for administering the functions of the Act, funds made available in this Act, it is the sense to remain available until September 30, 1997. FRANKLIN DELANO ROOSEVELT MEMORIAL of the Congress that entities receiving the assist- MATCHING GRANTS COMMISSION ance should, in expending the assistance, pur- To carry out the provisions of section 10(a)(2) SALARIES AND EXPENSES chase only American-made equipment and prod- of the National Foundation on the Arts and the For necessary expenses of the Franklin Dela- ucts. Humanities Act of 1965, as amended, $17,235,000, no Roosevelt Memorial Commission, established (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In to remain available until September 30, 1997, to by the Act of August 11, 1955 (69 Stat. 694), as providing financial assistance using funds made the National Endowment for the Arts, of which amended by Public Law 92–332 (86 Stat. 401), available in this Act, the head of each Federal $7,500,000 shall be available for purposes of sec- $147,000, to remain available until September 30, agency shall provide to each recipient of the as- tion 5(p)(1): Provided, That this appropriation 1997. sistance a notice describing the statement made shall be available for obligation only in such in paragraph (1) by the Congress. PENNSYLVANIA AVENUE DEVELOPMENT amounts as may be equal to the total amounts (c) PROHIBITION OF CONTRACTS WITH PERSONS CORPORATION of gifts, bequests, and devises of money, and FALSELY LABELING PRODUCTS AS MADE IN other property accepted by the Chairman or by PUBLIC DEVELOPMENT AMERICA.—If it has been finally determined by grantees of the Endowment under the provisions Funds made available under this heading in a court or Federal agency that any person in- of section 10(a)(2), subsections 11(a)(2)(A) and prior years shall be available for operating and tentionally affixed a label bearing a ‘‘Made in

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00166 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2507 America’’ inscription, or any inscription with (3) Application of collected revenue to repay the National Park Service, Department of the the same meaning, to any product sold in or United States Treasury debt incurred by the Interior. The Pennsylvania Avenue National shipped to the United States that is not made in Pennsylvania Avenue Development Corporation Historic Site includes the parks, plazas, side- the United States, the person shall be ineligible in the course of acquiring real estate. walks, special lighting, trees, sculpture, and me- to receive any contract or subcontract made (4) Performing financial audits for projects in morials. with funds made available in this Act, pursuant which the Pennsylvania Avenue Development (2) Jurisdiction of Pennsylvania Avenue and to the debarment, suspension, and ineligibility Corporation has actual or potential revenue ex- all other roadways from curb to curb shall re- procedures described in sections 9.400 through pectation, as identified in paragraphs (1) and main with the District of Columbia but vendors 9.409 of title 48, Code of Federal Regulations. (2), in accordance with procedures described in shall not be permitted to occupy street space ex- SEC. 308. None of the funds in this Act may be applicable sale or lease agreements. cept during temporary special events. used to plan, prepare, or offer for sale timber (5) Disposition of real estate properties which (3) The National Park Service shall be respon- from trees classified as giant sequoia are or become available for sale and lease or sible for management, administration, mainte- (sequoiadendron giganteum) which are located other uses. nance, law enforcement, visitor services, re- on National Forest System or Bureau of Land (6) Payment of benefits in accordance with source protection, interpretation, and historic Management lands in a manner different than the Uniform Relocation Assistance and Real preservation at the Pennsylvania Avenue Na- such sales were conducted in fiscal year 1995. Property Acquisitions Policies Act of 1970 to tional Historic Site. SEC. 309. None of the funds made available by which persons in the project area squares are (4) The National Park Service may enter into this Act may be obligated or expended by the entitled as a result of the Pennsylvania Avenue contracts, cooperative agreements, or other National Park Service to enter into or implement Development Corporation’s acquisition of real transactions with any agency or instrumentality a concession contract which permits or requires estate. of the United States, the several States, or the the removal of the underground lunchroom at (7) Carrying out the responsibilities of the District of Columbia or with any person, firm, the Carlsbad Caverns National Park. Pennsylvania Avenue Development Corporation association, or corporation as may be deemed SEC. 310. Where the actual costs of construc- under the Federal Triangle Development Act (40 necessary or appropriate for the conduct of spe- tion projects under self-determination contracts, U.S.C. 1101–1109), including responsibilities for cial events, festivals, concerts, or other art and compacts, or grants, pursuant to Public Laws managing assets and liabilities of the Corpora- cultural programs at the Pennsylvania Avenue 93–638, 103–413, or 100–297, are less than the esti- tion under such Act. National Historic Site or may establish a non- mated costs thereof, use of the resulting excess (c) In carrying out the responsibilities of the profit foundation to solicit funds for such ac- funds shall be determined by the appropriate Pennsylvania Avenue Development Corporation tivities. Secretary after consultation with the tribes. transferred under this section, the Adminis- (e) Notwithstanding any other provision of SEC. 311. Notwithstanding Public Law 103–413, trator of the General Services Administration law, the responsibility for ensuring that devel- quarterly payments of funds to tribes and tribal shall have the following powers: opment or redevelopment in the Pennsylvania organizations under annual funding agreements (1) To acquire lands, improvements, and prop- Avenue area is carried out in accordance with pursuant to section 108 of Public Law 93–638, as erties by purchase, lease or exchange, and to the Pennsylvania Avenue Development Corpora- amended, may be made on the first business day sell, lease, or otherwise dispose of real or per- tion Plan—1974, as amended, is transferred to following the first day of a fiscal quarter. sonal property as necessary to complete the de- the National Capital Planning Commission or its SEC. 312. None of funds appropriated or other- velopment plan developed under section 5 of the successor commencing April 1, 1996. (f) SAVINGS PROVISIONS.— wise made available by this Act may be used for Pennsylvania Avenue Development Corporation the AmeriCorps program, unless the relevant (1) REGULATIONS.—Any regulations prescribed Act of 1972 (40 U.S.C. 874) if a notice of inten- by the Corporation in connection with the agencies of the Department of the Interior and/ tion to carry out such acquisition or disposal is or Agriculture follow appropriate reprogram- Pennsylvania Avenue Development Corporation first transmitted to the Committee on Transpor- Act of 1972 (40 U.S.C. 871–885) and the Federal ming guidelines: Provided, That if no funds are tation and Infrastructure and the Committee on provided for the AmeriCorps program by the Triangle Development Act (40 U.S.C. 1101–1109) Appropriations of the House of Representatives shall continue in effect until suspended by regu- VA–HUD and Independent Agencies fiscal year and the Committee on Environment and Public 1996 appropriations bill, then none of the funds lations prescribed by the Administrator of the Works and the Committee on Appropriations of General Services Administration. appropriated or otherwise made available by the Senate and at least 60 days elapse after the this Act may be used for the AmeriCorps pro- (2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS date of such transmission. NOT AFFECTED.—Subsection (a) shall not be con- grams. (2) To modify from time to time the plan re- strued as affecting the validity of any right, SEC. 313. (a) On or before April 1, 1996, the ferred to in paragraph (1) if such modification is Pennsylvania Avenue Development Corporation duty, or obligation of the United States or any first transmitted to the Committee on Transpor- other person arising under or pursuant to any shall— tation and Infrastructure and the Committee on (1) transfer and assign in accordance with contract, loan, or other instrument or agreement Appropriations of the House of Representatives this section all of its rights, title, and interest in which was in effect on the day before the date and the Committee on Environment and Public and to all of the leases, covenants, agreements, of the transfers under subsection (a). Works and the Committee on Appropriations of and easements it has executed or will execute by (3) CONTINUATION OF SUITS.—No action or the Senate and at least 60 days elapse after the March 31, 1996, in carrying out its powers and other proceeding commenced by or against the date of such transmission. duties under the Pennsylvania Avenue Develop- Corporation in connection with administration (3) To maintain any existing Pennsylvania ment Corporation Act (40 U.S.C. 871–885) and of the Pennsylvania Avenue Development Cor- Avenue Development Corporation insurance the Federal Triangle Development Act (40 poration Act of 1972 (40 U.S.C. 871–885) and the programs. Federal Triangle Development Act (40 U.S.C. U.S.C. 1101–1109) to the General Services Admin- (4) To enter into and perform such leases, con- istration, National Capital Planning Commis- 1101–1109) shall abate by reason of enactment tracts, or other transactions with any agency or and implementation of this Act, except that the sion, or the National Park Service; and instrumentality of the United States, the several (2) except as provided by subsection (d), trans- General Services Administration shall be sub- States, or the District of Columbia or with any fer all rights, title, and interest in and to all stituted for the Corporation as a party to any person, firm, association, or corporation as may property, both real and personal, held in the such action or proceeding. be necessary to carry out the responsibilities of name of the Pennsylvania Avenue Development (g) Section 3(b) of the Pennsylvania Avenue the Pennsylvania Avenue Development Corpora- Corporation to the General Services Administra- Development Corporation Act of 1972 (40 U.S.C. tion under the Federal Triangle Development tion. 872(b)) is amended as follows: (b) The responsibilities of the Pennsylvania Act (40 U.S.C. 1101–1109). ‘‘(b) The Corporation shall be dissolved on or (5) To request the Council of the District of Avenue Development Corporation transferred to before April 1, 1996. Upon dissolution, assets, Columbia to close any alleys necessary for the the General Services Administration under sub- obligations, indebtedness, and all unobligated completion of development in Square 457. section (a) include, but are not limited to, the and unexpended balances of the Corporation (6) To use all of the funds transferred from following: shall be transferred in accordance with the De- (1) Collection of revenue owed the Federal the Pennsylvania Avenue Development Corpora- partment of the Interior and Related Agencies Government as a result of real estate sales or tion or income earned on Pennsylvania Avenue Appropriations Act, 1996.’’. lease agreements entered into by the Pennsyl- Development Corporation property to complete SEC. 314. (a) Except as provided in subsection vania Avenue Development Corporation and any pending development projects. (b), no part of any appropriation contained in (d)(1)(A) On or before April 1, 1996, the Penn- private parties, including, at a minimum, with this Act or any other Act shall be obligated or sylvania Avenue Development Corporation shall respect to the following projects: expended for the operation or implementation of (A) The Willard Hotel property on Square 225. transfer all its right, title, and interest in and to the Interior Columbia Basin Ecosystem Manage- (B) The Gallery Row project on Square 457. the property described in subparagraph (B) to ment Project (hereinafter ‘‘Project’’). (C) The Lansburgh’s project on Square 431. the National Park Service, Department of the (b) From the funds appropriated to the Forest (D) The Market Square North project on Interior. Service and Bureau of Land Management: a Square 407. (B) The property referred to in subparagraph sum of $4,000,000 is made available for the Exec- (2) Collection of sale or lease revenue owed (A) is the property located within the Pennsyl- utive Steering Committee of the Project to pub- the Federal Government (if any) in the event vania Avenue National Historic Site depicted on lish, and submit to the Congress, by May 31, two undeveloped sites owned by the Pennsyl- a map entitled ‘‘Pennsylvania Avenue National 1996, an assessment of the National Forest Sys- vania Avenue Development Corporation on Historic Park’’, dated June 1, 1995, and num- tem lands and lands administered by the Bureau Squares 457 and 406 are sold or leased prior to bered 840–82441, which shall be on file and of Land Management within the area encom- April 1, 1996. available for public inspection in the offices of passed by the Project. The assessment shall be

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00167 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2508 CONGRESSIONAL RECORD — SENATE March 20, 1996 accompanied by two draft Environmental Im- (3) Each amendment prepared pursuant to available for expenditure without further appro- pact Statements that: are not decisional and not paragraph (1) shall be adopted on or before priation in accordance with paragraph (2)(C). subject to judicial review; contain a range of al- March 31, 1997, and no policy referred to in (D) For agencies other than the Fish and ternatives, without the identification of a pre- paragraph (1), or any provision of a plan or Wildlife Service, the balance to the special ac- ferred alternative or management recommenda- other planning document incorporating such count established pursuant to subparagraph (A) tion; and provide a methodology for conducting policy, shall be effective in any forest subject to of section 4(i)(1) of the Land and Water Con- any cumulative effects analysis required by sec- the Project on or after such date, or after an servation Fund Act, as amended. tion 102(2) of the National Environmental Policy amendment to the plan which applies to such (E) For the Fish and Wildlife Service, the bal- Act (42 U.S.C. 433(2)) in the preparation of forest is adopted pursuant to this subsection, ance shall be distributed in accordance with sec- amendments to resource management plans pur- whichever occurs first. tion 201(c) of the Emergency Wetlands Re- suant to subsection (c). The assessment shall in- (4) On the signing of a record of decision or sources Act. corporate all existing relevant scientific infor- equivalent document making an amendment for (2)(A) Expenditures from site specific special mation including, but not limited to, informa- the Clearwater National Forest pursuant to funds shall be for further activities of the area, tion on landscape dynamics, forest and range- paragraph (1), the requirement for revision re- site or project from which funds are collected, land health conditions, fisheries, and water- ferred to in this Stipulation of Dismissal dated and shall be accounted for separately. (B) Expenditures from agency specific special sheds and the implications of each as they relate September 13, 1993, applicable to such Forest is funds shall be for use on an agency-wide basis to federal forest and rangeland health. The as- deemed to be satisfied, and the interim manage- sessment and draft Environmental Impact State- and shall be accounted for separately. ment direction provisions contained in the Stip- (C) Expenditures from the fee collection sup- ments shall not be: the subject of consultation or ulation of Dismissal shall be of no further effect conferencing pursuant to section 7 of the En- port fund shall be used to cover fee collection with respect to such Forest. costs in accordance with section 4(i)(1)(B) of the dangered Species Act of 1973 (16 U.S.C. 1536); SEC. 315. RECREATIONAL FEE DEMONSTRATION accompanied by any record of decision or other Land and Water Conservation Fund Act, as PROGRAM.—(a) The Secretary of the Interior amended: Provided, That funds unexpended National Environmental Policy Act documenta- (acting through the Bureau of Land Manage- tion; or applied or used to regulate non-federal and unobligated at the end of the fiscal year ment, the National Park Service and the United shall not be deposited into the special account lands. The Executive Steering Committee shall States Fish and Wildlife Service) and the Sec- release the draft Environmental Impact State- established pursuant to section 4(i)(1)(A) of said retary of Agriculture (acting through the Forest Act and shall remain available for expenditure ments for a ninety day public comment period Service) shall each implement a fee program to and include a summary of the public comments without further appropriation. demonstrate the feasibility of user-generated (3) In order to increase the quality of the vis- received in the submission to Congress. cost recovery for the operation and maintenance itor experience at public recreational areas and (c)(1) From the funds appropriated to the For- of recreation areas or sites and habitat enhance- est Service and the Bureau of Land Manage- enhance the protection of resources, amounts ment projects on Federal lands. available for expenditure under this section may ment, based on the documents prepared pursu- (b) In carrying out the pilot program estab- ant to subsection (b) and any other guidance or only be used for the area, site or project con- lished pursuant to this section, the appropriate cerned, for backlogged repair and maintenance policy issued prior to the date of enactment of Secretary shall select from areas under the juris- this section, and in consultation with the af- projects (including projects relating to health diction of each of the four agencies referred to and safety) and for interpretation, signage, fected Governor, and county commissioners, in subsection (a) no fewer than 10, but as many each Forest Supervisor and District Manager habitat or facility enhancement, resource pres- as 50, areas, sites or projects for fee demonstra- ervation, annual operation (including fee collec- with responsibility for a national forest or a tion. For each such demonstration, the Sec- unit of land administered by the Bureau of tion), maintenance, and law enforcement relat- retary, notwithstanding any other provision of ing to public use. The agencywide accounts may Land Management (hereinafter ‘‘forest’’) within law— the area encompassed by the Project shall re- be used for the same purposes set forth in the (1) shall charge and collect fees for admission preceding sentence, but for areas, sites or view the resource management plan (hereinafter to the area or for the use of outdoor recreation ‘‘plan’’) for such forest and develop, by an projects selected at the discretion of the respec- sites, facilities, visitor centers, equipment, and tive agency head. amendment to such plan, a modification of or services by individuals and groups, or any com- alternative to any policy which is applicable to (d)(1) Amounts collected under this section bination thereof; shall not be taken into account for the purposes such plan upon the date of enactment of this (2) shall establish fees under this section section (whether or not such policy has been of the Act of May 23, 1908 and the Act of March based upon a variety of cost recovery and fair 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 added to such plan by amendment), including market valuation methods to provide a broad any policy which is, or is intended to be, of lim- (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. basis for feasibility testing; 1012), the Act of August 8, 1937 and the Act of ited duration, and which the Project addresses, (3) may contract, including provisions for rea- to meet the specific conditions of such forest. May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of sonable commissions, with any public or private June 14, 1926 (43 U.S.C. 869–4), chapter 69 of Each amendment shall: contain the modified or entity to provide visitor services, including res- alternative policy developed pursuant to this title 31, United States Code, section 401 of the ervations and information, and may accept serv- Act of June 15, 1935 (16 U.S.C. 715s), the Land paragraph, be directed solely to and affect only ices of volunteers to collect fees charged pursu- such plan; address the specific conditions of the and Water Conservation Fund Act of 1965 (16 ant to paragraph (1); U.S.C. 460l), and any other provision of law re- forest to which the plan applies and the rela- (4) may encourage private investment and tionship of the modified or alternative policy to lating to revenue allocation. partnerships to enhance the delivery of quality (2) Fees charged pursuant to this section shall such conditions; and, to the maximum extent customer services and resource enhancement, be in lieu of fees charged under any other provi- practicable, establish site-specific standards in and provide appropriate recognition to such sion of law. lieu of imposing general standards applicable to partners or investors; and (e) The Secretary of the Interior and the Sec- multiple sites. (5) may assess a fine of not more than $100 for retary of Agriculture shall carry out this section (2)(A) Each amendment prepared pursuant to any violation of the authority to collect fees for without promulgating regulations. paragraph (1) shall comply with any applicable admission to the area or for the use of outdoor (f) The authority to collect fees under this sec- requirements of section 102(2) of the National recreation sites, facilities, visitor centers, equip- tion shall commence on October 1, 1995, and end Environmental Policy Act, except that any cu- ment, and services. on September 30, 1998. Funds in accounts estab- mulative effects analysis conducted in accord- (c)(1) Amounts collected at each fee dem- lished shall remain available through September ance with the methodology provided pursuant to onstration area, site or project shall be distrib- 30, 2001. subsection (b) shall be deemed to meet any re- uted as follows: SEC. 316. Section 2001(a)(2) of Public Law 104– quirement of such Act for such analysis. (A) Of the amount in excess of 104% of the 19 is amended as follows: Strike ‘‘September 30, (B) Any policy adopted in an amendment pre- amount collected in fiscal year 1995, and there- 1997’’ and insert in lieu thereof ‘‘December 31, pared pursuant to paragraph (1) which is a after annually adjusted upward by 4%, eighty 1996’’. modification of or alternative to a policy re- percent to a special account in the Treasury for SEC. 317. None of the funds made available in ferred to in paragraph (1) upon which consulta- use without further appropriation, by the agen- this Act may be used for any program, project, tion or conferencing has occurred pursuant to cy which administers the site, to remain avail- or activity when it is made known to the Fed- section 7 of the Endangered Species Act of 1973 able for expenditures in accordance with para- eral entity or official to which the funds are shall not again be subject to the consultation or graph (2)(A). made available that the program, project, or ac- conferencing provisions of such section 7. Any (B) Of the amount in excess of 104% of the tivity is not in compliance with any applicable other consultation or conferencing required by amount collected in fiscal year 1995, and there- Federal law relating to risk assessment, the pro- such section 7 shall be conducted separately on after annually adjusted upward by 4%, twenty tection of private property rights, or unfunded each amendment prepared pursuant to para- percent to a special account in the Treasury for mandates. graph (1): Provided, That, except as provided in use without further appropriation, by the agen- SEC. 318. None of the funds provided in this this subparagraph, no other consultation shall cy which administers the site, to remain avail- Act may be made available for the Mississippi be undertaken on such amendments, on any able for expenditure in accordance with para- River Corridor Heritage Commission. project or activity which is consistent with an graph (2)(B). SEC. 319. GREAT BASIN NATIONAL PARK.—Sec- applicable amendment, on any policy referred to (C) For agencies other than the Fish and tion 3 of the Great Basin National Park Act of in paragraph (1), or on any portion of any plan Wildlife Service, up to 15% of current year col- 1986 (16 U.S.C. 410mm–1) is amended— related to such policy or the species to which lections of each agency, but not greater than fee (1) in the first sentence of subsection (e) by such policy applies. collection costs for that fiscal year, to remain striking ‘‘shall’’ and inserting ‘‘may’’; and

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(2) in subsection (f)— and pay the third-party contractor in accord- (b) APPRAISAL.—The properties so exchanged (A) by striking ‘‘At the request’’ and inserting ance with the standard procedures employed by either shall be approximately equal in fair mar- the following: the Bureau of Land Management in the reten- ket value or if they are not approximately equal, ‘‘(1) EXCHANGES.—At the request’’; tion of third-party contractors. shall be equalized by the payment of cash to the (B) by striking ‘‘grazing permits’’ and insert- SEC. 323. None of the funds appropriated or Corporation or to the Secretary as required or in ing ‘‘grazing permits and grazing leases’’; and otherwise made available by this Act may be the event the value of the Corporation’s lands is (C) by adding after ‘‘Federal lands.’’ the fol- used for the purposes of acquiring lands in the greater, the acreage may be reduced so that the lowing: counties of Lawrence, Monroe, or Washington, fair market value is approximately equal: Pro- ‘‘(2) ACQUISITION BY DONATION.— Ohio, for the Wayne National Forest. vided, That the Secretary shall order appraisals (A) IN GENERAL.—The Secretary may acquire SEC. 324. No part of any appropriation con- made of the fair market value of each tract of by donation valid existing permits and grazing tained in this Act or any other Act shall be ex- land included in the exchange without consider- leases authorizing grazing on land in the park. pended or obligated to fund the activities of the ation for improvements thereon: Provided fur- (B) TERMINATION.—The Secretary shall termi- Office of Forestry and Economic Development ther, That any cash payment received by the nate a grazing permit or grazing lease acquired after December 31, 1995. Secretary shall be covered in the Reclamation under subparagraph (A) so as to end grazing SEC. 325. Amend section 2001(k) of Public Law Fund and credited to the Columbia Basin previously authorized by the permit or lease.’’. 104–19 by striking ‘‘in fiscal years 1995 and project. SEC. 320. None of the funds made available in 1996’’ in paragraph (1) and adding paragraph (c) ADMINISTRATIVE COSTS.—Costs of con- this Act shall be used by the Department of En- (4) to read: ducting the necessary land surveys, preparing ergy in implementing the Codes and Standards ‘‘(4) TIMING AND CONDITIONS OF ALTERNATIVE the legal descriptions of the lands to be con- Program to propose, issue, or prescribe any new VOLUME.—For any sale subject to paragraph (2) veyed, performing the appraisals, and adminis- or amended standard: Provided, That this sec- of this subsection, the Secretary concerned trative costs incurred in completing the ex- tion shall expire on September 30, 1996: Provided shall, and for any other sale subject to this sub- change shall be borne by the Corporation. further, That nothing in this section shall pre- section, the Secretary concerned may, within 45 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.— clude the Federal Government from promul- days of the date of enactment of this paragraph, (1) The Secretary shall not acquire any lands gating rules concerning energy efficiency stand- reach agreement with the purchaser to identify under this Act if the Secretary determines that ards for the construction of new federally- and provide, by a date agreed to by the pur- such lands, or any portion thereof, have become owned commercial and residential buildings. chaser, a volume, value and kind of timber sat- contaminated with hazardous substances (as de- SEC. 321. None of the funds made available in isfactory to the purchaser to substitute for all or fined in the Comprehensive Environmental Re- this Act may be used (1) to demolish the bridge a portion of the timber subject to the sale, which sponse, Compensation, and Liability Act (42 between Jersey City, New Jersey, and Ellis Is- shall be subject to the original terms of the con- U.S.C. 9601)). land; or (2) to prevent pedestrian use of such tract except as otherwise agreed, and shall be (2) Notwithstanding any other provision of bridge, when it is made known to the Federal subject to paragraph (1). After the agreed date law, the United States shall have no responsi- official having authority to obligate or expend for providing alternative timber the purchaser bility or liability with respect to any hazardous such funds that such pedestrian use is con- may operate the original sale under the terms of wastes or other substances placed on any of the sistent with generally accepted safety stand- paragraph (1) until the Secretary concerned des- lands covered by this Act after their transfer to ards. ignates and the purchaser accepts alternative the ownership of any party, but nothing in this SEC. 322. (a) None of the funds appropriated timber under this paragraph. Any sale subject to Act shall be construed as either diminishing or or otherwise made available pursuant to this this subsection shall be awarded, released, and increasing any responsibility or liability of the Act shall be obligated or expended to accept or completed pursuant to paragraph (1) for a pe- United States based on the condition of such process applications for a patent for any mining riod equal to the length of the original contract, lands on the date of their transfer to the owner- or mill site claim located under the general min- and shall not count against current allowable ship of another party. The Corporation shall in- ing laws. sale quantities or timber sales to be offered demnify the United States for liabilities arising (b) The provisions of subsection (a) shall not under subsections (b) and (d).’’ under the Comprehensive Environmental Re- apply if the Secretary of the Interior determines ‘‘(5) BUY-OUT AUTHORIZATION.—The Secretary sponse, Compensation, and Liability Act (42 that, for the claim concerned: (1) a patent appli- concerned is authorized to permit a requesting U.S.C. 9601), and the Resource Conservation Re- cation was filed with the Secretary on or before purchaser of any sale subject to this subsection covery Act (42 U.S.C. 6901 et seq.). September 30, 1994, and (2) all requirements es- to return to the Government all or a specific vol- (e) AUTHORIZATION OF APPROPRIATIONS.— tablished under sections 2325 and 2326 of the Re- ume of timber under the sale contract, and shall There are authorized to be appropriated such vised Statutes (30 U.S.C. 29 and 30) for vein or pay to such purchaser upon tender of such vol- sums as may be necessary to carry out the pur- lode claims and sections 2329, 2330, 2331, and ume a buy-out payment for such volume from poses of this Act. 2333 of the Revised Statutes (30 U.S.C. 35, 36, any funds available to the Secretary concerned SEC. 327. TIMBER SALES PIPELINE RESTORA- and 37) for placer claims, and section 2337 of the except from accounts governing or related to TION FUNDS.—(a) The Secretary of Agriculture Revised Statutes (30 U.S.C. 42) for mill site forest land management, fire fighting, timber and the Secretary of the Interior shall each es- claims, as the case may be, were fully complied sale preparation, harvest administration, road tablish a Timber Sales Pipeline Restoration with by the applicant by that date. construction and maintenance, timber sale pro- Fund (hereinafter ‘‘Agriculture Fund’’ and ‘‘In- (c) PROCESSING SCHEDULE.—For those applica- gram support; any accounts associated with pre- terior Fund’’ or ‘‘Funds’’). Any revenues re- tions for patents pursuant to subsection (b) paring or administering the sale of timber from ceived from sales released under section 2001(k) which were filed with the Secretary of the Inte- any public lands under the jurisdiction of the of the fiscal year 1995 Supplemental Appropria- rior, prior to September 30, 1994, the Secretary of Secretary concerned, range or minerals manage- tions for Disaster Assistance and Rescissions the Interior shall— ment; or any permanent appropriation or trust Act, minus the funds necessary to make pay- (1) Within three months of the enactment of funds. Such volume and such payment shall be ments to States or local governments under this Act, file with the House and Senate Com- mutually agreed to by the Secretary and the other law concerning the distribution of reve- mittees on Appropriations and the Committee on purchaser. The authority provided by this para- nues derived from the affected lands, which are Resources of the House of Representatives and graph to reach such agreement shall expire 45 in excess of $37,500,000 (hereinafter ‘‘excess reve- the Committee on Energy and Natural Resources days after the enactment of this paragraph.’’ nues’’) shall be deposited into the Funds. The of the United States Senate a plan which details SEC. 326. (a) LAND EXCHANGE.—The Secretary distribution of excess revenues between the Agri- how the Department of the Interior will make a of the Interior (hereinafter referred to as the culture Fund and Interior Fund shall be cal- final determination as to whether or not an ap- ‘‘Secretary’’) is authorized to convey to the culated by multiplying the total of excess reve- plicant is entitled to a patent under the general Boise Cascade Corporation (hereinafter referred nues times a fraction with a denominator of the mining laws on at least 90 percent of such appli- to as the ‘‘Corporation’’), a corporation formed total revenues received from all sales released cations within five years of the enactment of under the statutes of the State of Delaware, under such section 2001(k) and numerators of this Act and file reports annually thereafter with its principal place of business at Boise, the total revenues received from such sales on with the same committees detailing actions Idaho, title to approximately seven acres of lands within the National Forest System and taken by the Department of the Interior to carry land, more or less, located in sections 14 and 23, the total revenues received from such sales on out such plan; and township 36 north, range 37 east, Willamette lands administered by the Bureau of Land Man- (2) Take such actions as may be necessary to Meridian, Stevens County, Washington, further agement, respectively: Provided, That revenues carry out such plan. identified in the records of the Bureau of Rec- or portions thereof from sales released under (d) MINERAL EXAMINATIONS.—In order to lamation, Department of the Interior, as Tract such section 2001(k), minus the amounts nec- process patent applications in a timely and re- No. GC–19860, and to accept from the Corpora- essary for State and local government payments sponsible manner, upon the request of a patent tion in exchange therefor, title to approximately and other necessary deposits, may be deposited applicant, the Secretary of the Interior shall one hundred and thirty-six acres of land located into the Funds immediately upon receipt thereof allow the applicant to fund a qualified third- in section 19, township 37 north, range 38 east and subsequently redistributed between the party contractor to be selected by the Bureau of and section 33, township 38 north, range 37 east, Funds or paid into the United States Treasury Land Managment to conduct a mineral exam- Willamette Meridian, Stevens County, Wash- as miscellaneous receipts as may be required ination of the mining claims or mill sites con- ington, and further identified in the records of when the calculation of excess revenues is made. tained in a patent application as set forth in the Bureau of Reclamation, Department of the (b)(1) From the funds deposited into the Agri- subsection (b). The Bureau of Land Manage- Interior, as Tract No. GC–19858 and Tract No. culture Fund and into the Interior Fund pursu- ment shall have the sole responsibility to choose GC–19859, respectively. ant to subsection (a)—

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00169 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2510 CONGRESSIONAL RECORD — SENATE March 20, 1996 (A) seventy-five percent shall be available, the contents of the season, including identified seminate, sponsor, or produce any material or without fiscal year limitation or further appro- programs and/or projects. performance that— priation, for preparation of timber sales, other SEC. 329. DELAY IN IMPLEMENTATION OF THE (1) denigrates the religious objects or religious than salvage sales as defined in section ADMINISTRATION’S RANGELAND REFORM PRO- beliefs of the adherents of a particular religion, 2001(a)(3) of the fiscal year 1995 Supplemental GRAM.—None of the funds made available under or Appropriations for Disaster Assistance and Re- this or any other Act may be used to implement (2) depicts or describes, in a patently offensive scissions Act, which— or enforce the final rule published by the Sec- way, sexual or excretory activities or organs, (i) are situated on lands within the National retary of the Interior on February 22, 1995 (60 is contrary to the express purposes of the Na- Forest System and lands administered by the Fed. Reg. 9894), making amendments to parts 4, tional Foundation on the Arts and the Human- Bureau of Land Management, respectively; and 1780, and 4100 of title 43, Code of Federal Regu- ities Act of 1965, as amended. (ii) are in addition to timber sales for which lations, to take effect August 21, 1995, until No- (c) PROHIBITION ON FUNDING THAT IS NOT funds are otherwise available in this Act or vember 21, 1995. None of the funds made avail- CONSISTENT WITH THE PURPOSES OF THE ACT.— other appropriations Acts; and able under this or any other Act may be used to (B) twenty-five percent shall be available, Notwithstanding any other provision of law, publish proposed or enforce final regulations none of the scarce funds which have been taken without fiscal year limitation or further appro- governing the management of livestock grazing priation, to expend on the backlog of recreation from all taxpayers of the United States and on lands administered by the Forest Service made available under this Act to the National projects on lands within the National Forest until November 21, 1995. System and lands administered by the Bureau of Endowment for the Arts may be used to pro- SEC. 330. Section 1864 of title 18, United States mote, disseminate, sponsor, or produce any ma- Land Management, respectively. Code, is amended— (2) Expenditures under this subsection for terial or performance that— (1) in subsection (b)— preparation of timber sales may include expend- (1) denigrates the religious objects or religious (A) in paragraph (2), by striking ‘‘twenty’’ itures for Forest Service activities within the beliefs of the adherents of a particular religion, and inserting ‘‘40’’; or forest land management budget line item and (B) in paragraph (3), by striking ‘‘ten’’ and associated timber roads, and Bureau of Land (2) depicts or describes, in a patently offensive inserting ‘‘20’’; way, sexual or excretory activities or organs, Management activities within the Oregon and (C) in paragraph (4), by striking ‘‘if damage and this prohibition shall be strictly applied California grant lands account and the forestry exceeding $10,000 to the property of any indi- management area account, as determined by the without regard to the content or viewpoint of vidual results,’’ and inserting ‘‘if damage to the Secretary concerned. the material or performance. property of any individual results or if avoid- (c) Revenues received from any timber sale (d) SECTION NOT TO AFFECT OTHER WORKS.— ance costs have been incurred exceeding $10,000, prepared under subsection (b) or under this sub- Nothing in this section shall be construed to af- in the aggregate,’’; and section, minus the amounts necessary for State fect in any way the freedom of any artist or per- (D) in paragraph (4), by striking ‘‘ten’’ and and local government payments and other nec- former to create any material or performance essary deposits, shall be deposited into the Fund inserting ‘‘20’’; (2) in subsection (c) by striking ‘‘ten’’ and in- using funds which have not been made available from which funds were expended on such sale. serting ‘‘20’’; under this Act to the National Endowment for Such deposited revenues shall be available for (3) in subsection (d), by— the Arts. preparation of additional timber sales and com- (A) striking ‘‘and’’ at the end of paragraph SEC. 332. For purposes related to the closure of pletion of additional recreation projects in ac- (2); the Bureau of Mines, funds made available to cordance with the requirements set forth in sub- (B) striking the period at the end of para- the United States Geological Survey, the United section (b). graph (3) and inserting ‘‘; and’’; and States Bureau of Mines, and the Bureau of (d) The Secretary concerned shall terminate Land Management shall be available for trans- all payments into the Agriculture Fund or the (C) adding at the end the following: ‘‘(4) the term ‘avoidance costs’ means costs in- fer, with the approval of the Secretary of the In- Interior Fund, and pay any unobligated funds curred by any individual for the purpose of— terior, among the following accounts: United in the affected Fund into the United States ‘‘(A) detecting a hazardous or injurious de- States Geological Survey, Surveys, investiga- Treasury as miscellaneous receipts, whenever vice; or tions, and research; Bureau of Mines, Mines the Secretary concerned makes a finding, pub- ‘‘(B) preventing death, serious bodily injury, and minerals; and Bureau of Land Manage- lished in the Federal Register, that sales suffi- bodily injury, or property damage likely to re- ment, Management of lands and resources. The cient to achieve the total allowable sales quan- sult from the use of a hazardous or injurious de- Secretary of Energy shall reimburse the Sec- tity of the National Forest System for the Forest vice in violation of subsection (a).’’; and retary of the Interior, in an amount to be deter- Service or the allowable sales level for the Or- (4) by adding at the end thereof the following: mined by the Director of the Office of Manage- egon and California grant lands for the Bureau ‘‘(e) Any person injured as the result of a vio- ment and Budget, for the expenses of the trans- of Land Management, respectively, have been lation of subsection (a) may commence a civil ferred functions between October 1, 1995 and the prepared. action on his own behalf against any person effective date of the transfers of function. Such (e) Any timber sales prepared and recreation who is alleged to be in violation of subsection transfers shall be subject to the reprogramming projects completed under this section shall com- (a). The district courts shall have jurisdiction, guidelines of the House and Senate Committees ply with all applicable environmental and nat- without regard to the amount in controversy or on Appropriations. ural resource laws and regulations. SEC. 333. No funds appropriated under this or (f) The Secretary concerned shall report an- the citizenship of the parties, in such civil ac- any other Act shall be used to review or modify nually to the Committees on Appropriations of tions. The court may award, in addition to mon- sourcing areas previously approved under sec- the United States Senate and the House of Rep- etary damages for any injury resulting from an tion 490(c)(3) of the Forest Resources Conserva- resentatives on expenditures made from the alleged violation of subsection (a), costs of liti- tion and Shortage Relief Act of 1990 (Public Fund for timber sales and recreation projects, gation, including reasonable attorney and ex- Law 101–382) or to enforce or implement Federal revenues received into the Fund from timber pert witness fees, to any prevailing or substan- regulations 36 CFR part 223 promulgated on sales, and timber sale preparation and recre- tially prevailing party, whenever the court de- September 8, 1995. The regulations and interim ation project work undertaken during the pre- termines such award is appropriate.’’. rules in effect prior to September 8, 1995 (36 CFR vious year and projected for the next year under SEC. 331. (a) PURPOSES OF NATIONAL ENDOW- 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 the Fund. Such information shall be provided MENT FOR THE ARTS.—Section 2 of the National CFR 223 Subpart F, and 36 CFR 261.6) shall refor each Forest Service region and Bureau of Foundation on the Arts and the Humanities Act main in effect. The Secretary of Agriculture or Land Management State office. of 1965, as amended (20 U.S.C. 951), sets out (g) The authority of this section shall termi- findings and purposes for which the National the Secretary of the Interior shall not adopt any nate upon the termination of both Funds in ac- Endowment for the Arts was established, among policies concerning Public Law 101–382 or exist- cordance with the provisions of subsection (d). which are— ing regulations that would restrain domestic SEC. 328. Of the funds provided to the Na- (1) ‘‘The arts and humanities belong to all the transportation or processing of timber from pri- tional Endowment for the Arts: people of the United States’’; vate lands or impose additional accountability (a) The Chairperson shall only award a grant (2) ‘‘The arts and humanities reflect the high requirements on any timber. The Secretary of to an individual if such grant is awarded to place accorded by the American people . . . to Commerce shall extend until September 30, 1996, such individual for a literature fellowship, Na- the fostering of mutual respect for the diverse the order issued under section 491(b)(2)(A) of tional Heritage Fellowship, or American Jazz beliefs and values of all persons and groups’’; Public Law 101–382 and shall issue an order Masters Fellowship. (3) ‘‘Public funding of the arts and human- under section 491(b)(2)(B) of such law that will (b) The Chairperson shall establish procedures ities is subject to the conditions that tradition- be effective October 1, 1996. to ensure that no funding provided through a ally govern the use of public money [and] such SEC. 334. The National Park Service, in ac- grant, except a grant made to a State or re- funding should contribute to public support and cordance with the Memorandum of Agreement gional group, may be used to make a grant to confidence in the use of taxpayer funds’’; and between the United States National Park Service any other organization or individual to conduct (4) ‘‘Public funds provided by the Federal and the City of Vancouver dated November 4, activity independent of the direct grant recipi- Government must ultimately serve public pur- 1994, shall permit general aviation on its portion ent. Nothing in this subsection shall prohibit poses the Congress defines’’. of Pearson Field in Vancouver, Washington payments made in exchange for goods and serv- (b) ADDITIONAL CONGRESSIONAL FINDINGS.— until the year 2022, during which time a plan ices. Congress further finds and declares that the use and method for transitioning from general avia- (c) No grant shall be used for seasonal support of scarce funds, which have been taken from all tion aircraft to historic aircraft shall be com- to a group, unless the application is specific to taxpayers of the United States, to promote, dis- pleted; such transition to be accomplished by

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that date. This action shall not be construed to expenses of construction, rehabilitation, and ac- FEDERAL UNEMPLOYMENT BENEFITS AND limit the authority of the Federal Aviation Ad- quisition of Job Corps centers; and of which ALLOWANCES ministration over air traffic control or aviation $95,000,000 shall be available from July 1, 1996 For payments during the current fiscal year of activities at Pearson Field or limit operations through September 30, 1997, for carrying out ac- trade adjustment benefit payments and allow- and airspace of Portland International Airport. tivities of the School-to-Work Opportunities Act: ances under part I, and for training, for allow- SEC. 335. The United States Forest Service ap- Provided, That $52,502,000 shall be for carrying ances for job search and relocation, and for re- proval of Alternative site 2 (ALT 2), issued on out section 401 of the Job Training Partnership lated State administrative expenses under part December 6, 1993, is hereby authorized and ap- Act, $69,285,000 shall be for carrying out section II, subchapters B and D, chapter 2, title II of proved and shall be deemed to be consistent 402 of such Act, $7,300,000 shall be for carrying the Trade Act of 1974, as amended, $346,100,000, with, and permissible under, the terms of Public out section 441 of such Act, $8,000,000 shall be together with such amounts as may be necessary Law 100–696 (the Arizona-Idaho Conservation for all activities conducted by and through the to be charged to the subsequent appropriation Act of 1988). National Occupational Information Coordi- for payments for any period subsequent to Sep- SEC. 336. Notwithstanding any other provision nating Committee under such Act, $745,700,000 tember 15 of the current year. of law, no funds made available to the Depart- shall be for carrying out title II, part A of such STATE UNEMPLOYMENT INSURANCE AND ment of the Interior or the Department of Agri- Act, and $126,672,000 shall be for carrying out EMPLOYMENT SERVICE OPERATIONS culture by this or any other act, through May title II, part C of such Act and $5,000,000 shall For activities authorized by the Act of June 6, 15, 1997, may be used to prepare, issue, or imple- be available for obligation for the period July 1, 1933, as amended (29 U.S.C. 49–49l–1; 39 U.S.C. ment regulations, rules, or policies pursuant to 1995 through June 30, 1996 for employment-re- 3202(a)(1)(E)); title III of the Social Security Title VIII of the Alaska National Interest Lands lated activities of the 1996 Paralympic Games: Act, as amended (42 U.S.C. 502–504); necessary Conservation Act to assert jurisdiction, manage- Provided further, That no funds from any other administrative expenses for carrying out 5 ment, or control over navigable waters trans- appropriation shall be used to provide meal U.S.C. 8501–8523, and sections 225, 231–235, 243– ferred to the State of Alaska pursuant to the services at or for Job Corps centers: Provided 244, and 250(d)(1), 250(d)(3), title II of the Trade Submerged Lands Act of 1953 or the Alaska further, That notwithstanding any other provi- Act of 1974, as amended; as authorized by sec- Statehood Act of 1959. sion of law, the Secretary of Labor may waive tion 7c of the Act of June 6, 1933, as amended, SEC. 337. Upon enactment of this Act, the fol- any of the requirements contained in sections 4, necessary administrative expenses under sec- lowing provisions of Public Law 104–92, Public 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301, tions 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), Law 104–91, and Public Law 104–99 that would 311, 313, 314, and 315 of the Job Training Part- (n)(1), and 218(g) (1), (2), and (3), and 258(c) of continue to have effect after March 15, 1996, are nership Act in order to assist States in improv- the Immigration and Nationality Act, as amend- superseded: ing State workforce development systems, pursued (8 U.S.C. 1101 et seq.); necessary administra- Section 101 of Public Law 104–92, as amended: ant to a request submitted by a State that has tive expenses to carry out section 221(a) of the (1) the paragraph dealing with general welfare prior to the date of enactment of this Act exe- Immigration Act of 1990, $117,328,000, together assistance payments and foster care payments cuted a Memorandum of Understanding with with not to exceed $3,104,194,000 (including not funded under the account heading ‘‘Operations the United States requiring such State to meet to exceed $1,653,000 which may be used for am- of Indian Programs’’; and (2) the paragraph agreed upon outcomes: Provided further, That ortization payments to States which had inde- dealing with the visitor services in the National funds used from this Act to carry out title III of pendent retirement plans in their State employ- Park System, the National Wildlife Refuges, the the Job Training Partnership Act shall not be ment service agencies prior to 1980, and includ- National Forests, the Smithsonian Institution subject to the limitation contained in subsection ing not to exceed $2,000,000 which may be obli- facilities, the National Gallery of Art, the John (b) of section 315 of such Act; that the waiver gated in contracts with non-State entities for F. Kennedy Center for the Performing Arts, and allowing a reduction in the cost limitation relat- activities such as occupational and test research the United States Holocaust Memorial. ing to retraining services described in subsection activities which benefit the Federal-State Em- Section 101(a) of Public Law 104–91: (1) the (a)(2) of such section 315 may be granted with ployment Service System), which may be ex- paragraph dealing with visitor services on the respect to funds from this Act if a substate pended from the Employment Security Adminis- public lands managed by the Bureau of Land grantee demonstrates to the Governor that such tration account in the Unemployment Trust Management; and (2) the paragraph dealing waiver is appropriate due to the availability of Fund, and of which the sums available in the with Self-Determination and Self-Governance low-cost retraining services, is necessary to fa- allocation for activities authorized by title III of projects and activities under the account head- cilitate the provision of needs-related payments the Social Security Act, as amended (42 U.S.C. ing ‘‘Operations of Indian Programs’’ and the to accompany long-term training, or is nec- 502–504), and the sums available in the alloca- account heading ‘‘Indian Health Service’’. essary to facilitate the provision of appropriate tion for necessary administrative expenses for Section 123 of Public Law 104–99. basic readjustment services and that funds used carrying out 5 U.S.C. 8501–8523, shall be avail- Section 124 of Public Law 104–99. from this Act to carry out the Secretary’s discre- able for obligation by the States through Decem- This Act may be cited as the ‘‘Department of tionary grants under part B of such title III ber 31, 1996, except that funds used for automa- the Interior and Related Agencies Appropria- may be used to provide needs-related payments tion acquisitions shall be available for obligations Act, 1996’’. to participants who, in lieu of meeting the re- tion by States through September 30, 1998; and (d) Such amounts as may be necessary for quirements relating to enrollment in training of which $115,452,000, together with not to ex- programs, projects or activities provided for in under section 314(e) of such Act, are enrolled in ceed $738,283,000 of the amount which may be the Departments of Labor, Health and Human training by the end of the sixth week after expended from said trust fund shall be available Services, and Education, and Related Agencies funds have been awarded: Provided further, for obligation for the period July 1, 1996, Appropriations Act, 1996 at a rate of operations That service delivery areas may transfer fund- through June 30, 1997, to fund activities under and to the extent and in the manner provided as ing provided herein under authority of title II– the Act of June 6, 1933, as amended, including follows, to be effective as if it had been enacted C of the Job Training Partnership Act to the the cost of penalty mail made available to States into law as the regular appropriations Act: program authorized by title II–B of that Act, if in lieu of allotments for such purpose, and of AN ACT such transfer is approved by the Governor: Pro- which $216,333,000 shall be available only to the Making appropriations for the Departments of vided further, That service delivery areas and extent necessary for additional State allocations Labor, Health and Human Services, and Edu- substate areas may transfer funding provided to administer unemployment compensation laws cation, and related agencies, for the fiscal year herein under authority of title II–A and title III to finance increases in the number of unemploy- ending September 30, 1996 and for other pur- of the Job Training Partnership Act between the ment insurance claims filed and claims paid or poses. programs authorized by those titles of the Act, if changes in a State law: Provided, That to the such transfer is approved by the Governor: Pro- TITLE I—DEPARTMENT OF LABOR extent that the Average Weekly Insured Unem- vided further, That, notwithstanding any other ployment (AWIU) for fiscal year 1996 is pro- EMPLOYMENT AND TRAINING ADMINISTRATION provision of law, any proceeds from the sale of jected by the Department of Labor to exceed TRAINING AND EMPLOYMENT SERVICES Job Corps Center facilities shall be retained by 2.785 million, an additional $28,600,000 shall be For expenses necessary to carry into effect the the Secretary of Labor to carry out the Job available for obligation for every 100,000 in- Job Training Partnership Act, as amended, in- Corps program. crease in the AWIU level (including a pro rata cluding the purchase and hire of passenger COMMUNITY SERVICE EMPLOYMENT FOR OLDER amount for any increment less than 100,000) motor vehicles, the construction, alteration, and AMERICANS from the Employment Security Administration repair of buildings and other facilities, and the To carry out the activities for national grants Account of the Unemployment Trust Fund: Pro- purchase of real property for training centers as or contracts with public agencies and public or vided further, That funds appropriated in this authorized by the Job Training Partnership Act; private nonprofit organizations under para- Act which are used to establish a national one- title II of the Civil Rights Act of 1991; the graph (1)(A) of section 506(a) of title V of the stop career center network may be obligated in Women in Apprenticeship and Nontraditional Older Americans Act of 1965, as amended, or to contracts, grants or agreements with non-State Occupations Act; National Skill Standards Act carry out older worker activities as subsequently entities: Provided further, That funds appro- of 1994; and the School-to-Work Opportunities authorized, $273,000,000. priated under this Act for activities authorized Act; $3,108,978,000 plus reimbursements, of To carry out the activities for grants to States under the Wagner-Peyser Act, as amended, and which $2,891,759,000 is available for obligation under paragraph (3) of section 506(a) of title V title III of the Social Security Act, may be used for the period July 1, 1996 through June 30, 1997; of the Older Americans Act of 1965, as amended, by the States to fund integrated Employment of which $121,467,000 is available for the period or to carry out older worker activities as subse- Service and Unemployment Insurance automa- July 1, 1996 through June 30, 1999 for necessary quently authorized, $77,000,000. tion efforts, notwithstanding cost allocation

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00171 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2512 CONGRESSIONAL RECORD — SENATE March 20, 1996 principles prescribed under Office of Manage- authorized to accept, retain, and spend, until available for transfer to Employment Standards ment and Budget Circular A–87. expended, in the name of the Department of Administration, Salaries and Expenses, and ADVANCES TO THE UNEMPLOYMENT TRUST FUND Labor, all sums of money ordered to be paid to $19,621,000 for transfer to Departmental Man- AND OTHER FUNDS the Secretary of Labor, in accordance with the agement, Salaries and Expenses, and $298,000 for transfer to Departmental Management, Of- For repayable advances to the Unemployment terms of the Consent Judgment in Civil Action fice of Inspector General, for expenses of oper- Trust Fund as authorized by sections 905(d) and No. 91–0027 of the United States District Court ation and administration of the Black Lung 1203 of the Social Security Act, as amended, and for the District of the Northern Mariana Islands Benefits program as authorized by section to the Black Lung Disability Trust Fund as au- (May 21, 1992): Provided further, That the Sec- 9501(d)(5)(A) of that Act: Provided, That in ad- thorized by section 9501(c)(1) of the Internal retary of Labor is authorized to establish and, dition, such amounts as may be necessary may Revenue Code of 1954, as amended; and for non- in accordance with 31 U.S.C. 3302, collect and be charged to the subsequent year appropriation repayable advances to the Unemployment Trust deposit in the Treasury fees for processing applications and issuing certificates under sections for the payment of compensation, interest, or Fund as authorized by section 8509 of title 5, other benefits for any period subsequent to Au- United States Code, and section 104(d) of Public 11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and gust 15 of the current year: Provided further, Law 102–164, and section 5 of Public Law 103– That in addition such amounts shall be paid 6, and to the ‘‘Federal unemployment benefits for processing applications and issuing registra- tions under Title I of the Migrant and Seasonal from this fund into miscellaneous receipts as the and allowances’’ account, to remain available Secretary of the Treasury determines to be the until September 30, 1997, $369,000,000. Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq. administrative expenses of the Department of In addition, for making repayable advances to the Treasury for administering the fund during SPECIAL BENEFITS the Black Lung Disability Trust Fund in the the current fiscal year, as authorized by section current fiscal year after September 15, 1996, for (INCLUDING TRANSFER OF FUNDS) 9501(d)(5)(B) of that Act. costs incurred by the Black Lung Disability For the payment of compensation, benefits, OCCUPATIONAL SAFETY AND HEALTH Trust Fund in the current fiscal year, such sums and expenses (except administrative expenses) ADMINISTRATION as may be necessary. accruing during the current or any prior fiscal SALARIES AND EXPENSES ADVANCES TO THE EMPLOYMENT SECURITY ADMIN- year authorized by title 5, chapter 81 of the For necessary expenses for the Occupational ISTRATION ACCOUNT OF THE UNEMPLOYMENT United States Code; continuation of benefits as Safety and Health Administration, $288,985,000 TRUST FUND provided for under the head ‘‘Civilian War Ben- including not to exceed $70,615,000 which shall (RESCISSION) efits’’ in the Federal Security Agency Appro- be the maximum amount available for grants to priation Act, 1947; the Employees’ Compensation Amounts remaining unobligated under this States under section 23(g) of the Occupational Commission Appropriation Act, 1944; and sec- heading as of September 30, 1995, are hereby re- Safety and Health Act, which grants shall be no tions 4(c) and 5(f) of the War Claims Act of 1948 scinded. less than fifty percent of the costs of State occu- (50 U.S.C. App. 2012); and 50 per centum of the PAYMENTS TO THE UNEMPLOYMENT TRUST FUND pational safety and health programs required to additional compensation and benefits required AND OTHER FUNDS be incurred under plans approved by the Sec- by section 10(h) of the Longshore and Harbor (RESCISSION) retary under section 18 of the Occupational Workers’ Compensation Act, as amended, Of the amounts remaining unobligated under Safety and Health Act of 1970; and, in addition, $218,000,000 together with such amounts as may this heading as of September 30, 1995, notwithstanding 31 U.S.C. 3302, the Occupa- be necessary to be charged to the subsequent $266,000,000 are hereby rescinded. tional Safety and Health Administration may year appropriation for the payment of com- retain up to $750,000 per fiscal year of training PROGRAM ADMINISTRATION pensation and other benefits for any period sub- For expenses of administering employment institute course tuition fees, otherwise author- sequent to August 15 of the current year: Pro- ized by law to be collected, and may utilize such and training programs and for carrying out sec- vided, That such sums as are necessary may be tion 908 of the Social Security Act, $83,054,000, sums for occupational safety and health train- used under section 8104 of title 5, United States ing and education grants: Provided, That none together with not to exceed $40,793,000, which Code, by the Secretary to reimburse an em- may be expended from the Employment Security of the funds appropriated under this paragraph ployer, who is not the employer at the time of shall be obligated or expended to prescribe, Administration account in the Unemployment injury, for portions of the salary of a reem- Trust Fund. issue, administer, or enforce any standard, rule, ployed, disabled beneficiary: Provided further, regulation, or order under the Occupational PENSION AND WELFARE BENEFITS That balances of reimbursements unobligated on Safety and Health Act of 1970 which is applica- ADMINISTRATION September 30, 1995, shall remain available until ble to any person who is engaged in a farming SALARIES AND EXPENSES expended for the payment of compensation, ben- operation which does not maintain a temporary For necessary expenses for Pension and Wel- efits, and expenses: Provided further, That in labor camp and employs ten or fewer employees: fare Benefits Administration, $65,198,000. addition there shall be transferred to this appro- Provided further, That no funds appropriated priation from the Postal Service and from any PENSION BENEFIT GUARANTY CORPORATION under this paragraph shall be obligated or ex- other corporation or instrumentality required pended to administer or enforce any standard, PENSION BENEFIT GUARANTY CORPORATION FUND under section 8147(c) of title 5, United States rule, regulation, or order under the Occupa- The Pension Benefit Guaranty Corporation is Code, to pay an amount for its fair share of the tional Safety and Health Act of 1970 with re- authorized to make such expenditures, includ- cost of administration, such sums as the Sec- spect to any employer of ten or fewer employees ing financial assistance authorized by section retary of Labor determines to be the cost of ad- who is included within a category having an oc- 104 of Public Law 96–364, within limits of funds ministration for employees of such fair share en- cupational injury lost workday case rate, at the and borrowing authority available to such Cor- tities through September 30, 1996: Provided fur- most precise Standard Industrial Classification poration, and in accord with law, and to make ther, That of those funds transferred to this ac- Code for which such data are published, less such contracts and commitments without regard count from the fair share entities to pay the cost than the national average rate as such rates are to fiscal year limitations as provided by section of administration, $19,383,000 shall be made most recently published by the Secretary, acting 104 of the Government Corporation Control Act, available to the Secretary of Labor for expendi- through the Bureau of Labor Statistics, in ac- as amended (31 U.S.C. 9104), as may be nec- tures relating to capital improvements in sup- cordance with section 24 of that Act (29 U.S.C. essary in carrying out the program through Sep- port of Federal Employees’ Compensation Act 673), except— tember 30, 1996, for such Corporation: Provided, administration, and the balance of such funds (1) to provide, as authorized by such Act, con- That not to exceed $10,603,000 shall be available shall be paid into the Treasury as miscellaneous sultation, technical assistance, educational and for administrative expenses of the Corporation: receipts: Provided further, That the Secretary training services, and to conduct surveys and Provided further, That expenses of such Cor- may require that any person filing a notice of studies; poration in connection with the collection of injury or a claim for benefits under Subchapter (2) to conduct an inspection or investigation premiums, the termination of pension plans, for 5, U.S.C., chapter 81, or under subchapter 33, in response to an employee complaint, to issue a the acquisition, protection or management, and U.S.C. 901, et seq. (the Longshore and Harbor citation for violations found during such inspec- investment of trust assets, and for benefits ad- Workers’ Compensation Act, as amended), pro- tion, and to assess a penalty for violations ministration services shall be considered as non- vide as part of such notice and claim, such iden- which are not corrected within a reasonable administrative expenses for the purposes hereof, tifying information (including Social Security abatement period and for any willful violations and excluded from the above limitation. account number) as such regulations may pre- found; EMPLOYMENT STANDARDS ADMINISTRATION scribe. (3) to take any action authorized by such Act BLACK LUNG DISABILITY TRUST FUND with respect to imminent dangers; SALARIES AND EXPENSES (4) to take any action authorized by such Act For necessary expenses for the Employment (INCLUDING TRANSFER OF FUNDS) with respect to health hazards; Standards Administration, including reimburse- For payments from the Black Lung Disability (5) to take any action authorized by such Act ment to State, Federal, and local agencies and Trust Fund, $996,763,000, of which $949,494,000 with respect to a report of an employment acci- their employees for inspection services rendered, shall be available until September 30, 1997, for dent which is fatal to one or more employees or $254,756,000, together with $978,000 which may payment of all benefits as authorized by section which results in hospitalization of two or more be expended from the Special Fund in accord- 9501(d) (1), (2), (4), and (7), of the Internal Rev- employees, and to take any action pursuant to ance with sections 39(c) and 44(j) of the enue Code of 1954, as amended, and interest on such investigation authorized by such Act; and Longshore and Harbor Workers’ Compensation advances as authorized by section 9501(c)(2) of (6) to take any action authorized by such Act Act: Provided, That the Secretary of Labor is that Act, and of which $27,350,000 shall be with respect to complaints of discrimination

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00172 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2513 against employees for exercising rights under 13, 1996, the Benefits Review Board shall make TITLE II—DEPARTMENT OF HEALTH AND such Act: a decision on an appeal of a decision under the HUMAN SERVICES Provided further, That the foregoing proviso Longshore and Harbor Workers’ Compensation HEALTH RESOURCES AND SERVICES shall not apply to any person who is engaged in Act (33 U.S.C. 901 et seq.) not later than 1 year ADMINISTRATION a farming operation which does not maintain a after the date the appeal to the Benefits Review temporary labor camp and employs ten or fewer Board was filed; however, if the Benefits Review HEALTH RESOURCES AND SERVICES employees. Board fails to make a decision within the 1-year period, the decision under review shall be con- For carrying out titles II, III, VII, VIII, X, MINE SAFETY AND HEALTH ADMINISTRATION XVI, XIX, and XXVI of the Public Health Serv- SALARIES AND EXPENSES sidered the final order of the Board for purposes of obtaining a review in the United States courts ice Act, section 427(a) of the Federal Coal Mine For necessary expenses for the Mine Safety of appeals. Health and Safety Act, title V of the Social Se- and Health Administration, $196,673,000, includ- WORKING CAPITAL FUND curity Act, the Health Care Quality Improve- ing purchase and bestowal of certificates and The language under this heading in Public ment Act of 1986, as amended, Public Law 101– trophies in connection with mine rescue and Law 85–67, as amended, is further amended by 527, and the Native Hawaiian Health Care Act first-aid work, and the hire of passenger motor adding the following before the last period: ‘‘: of 1988, as amended, $2,954,864,000, of which vehicles; the Secretary is authorized to accept Provided further, That within the Working Cap- $411,000 shall remain available until expended lands, buildings, equipment, and other contribu- ital Fund, there is established an Investment in for interest subsidies on loan guarantees made tions from public and private sources and to Reinvention Fund (IRF), which shall be avail- prior to fiscal year 1981 under part B of title VII prosecute projects in cooperation with other able to invest in projects of the Department de- of the Public Health Service Act: Provided, That agencies, Federal, State, or private; the Mine signed to produce measurable improvements in the Division of Federal Occupational Health Safety and Health Administration is authorized agency efficiency and significant taxpayer sav- may utilize personal services contracting to em- to promote health and safety education and ings. Notwithstanding any other provision of ploy professional management/administrative, training in the mining community through coop- law, the Secretary of Labor may retain up to and occupational health professionals: Provided erative programs with States, industry, and $3,900,000 of the unobligated balances in the De- further, That of the funds made available under safety associations; and any funds available to partment’s annual Salaries and Expenses ac- this heading, $858,000 shall be available until the Department may be used, with the approval counts as of September 30, 1995, and transfer expended for facilities renovations at the Gillis of the Secretary, to provide for the costs of mine those amounts to the IRF to provide the initial W. Long Hansen’s Disease Center: Provided fur- rescue and survival operations in the event of a capital for the IRF, to remain available until ex- ther, That in addition to fees authorized by sec- major disaster: Provided, That none of the pended, to make loans to agencies of the De- tion 427(b) of the Health Care Quality Improve- funds appropriated under this paragraph shall partment for projects designed to enhance pro- ment Act of 1986, fees shall be collected for the be obligated or expended to carry out section 115 ductivity and generate cost savings. Such loans full disclosure of information under the Act suf- of the Federal Mine Safety and Health Act of shall be repaid to the IRF no later than Sep- ficient to recover the full costs of operating the 1977 or to carry out that portion of section tember 30 of the fiscal year following the fiscal National Practitioner Data Bank, and shall re- 104(g)(1) of such Act relating to the enforcement year in which the project is completed. Such remain available until expended to carry out that of any training requirements, with respect to payments shall be deposited in the IRF, to be Act: Provided further, That no more than shell dredging, or with respect to any sand, available without further appropriation ac- $5,000,000 is available for carrying out the provi- gravel, surface stone, surface clay, colloidal tion.’’ sions of Public Law 102–501 as amended: Pro- phosphate, or surface limestone mine. vided further, That of the funds made available ASSISTANT SECRETARY FOR VETERANS BUREAU OF LABOR STATISTICS under this heading, $193,349,000 shall be for the EMPLOYMENT AND TRAINING program under title X of the Public Health Serv- SALARIES AND EXPENSES Not to exceed $170,390,000 may be derived from ice Act to provide for voluntary family planning For necessary expenses for the Bureau of the Employment Security Administration ac- projects: Provided further, That amounts pro- Labor Statistics, including advances or reim- count in the Unemployment Trust Fund to carry vided to said projects under such title shall not bursements to State, Federal, and local agencies out the provisions of 38 U.S.C. 4100–4110A and be expended for abortions, that all pregnancy and their employees for services rendered, 4321–4327, and Public Law 103–353, and which counseling shall be nondirective, and that such $292,462,000, of which $11,549,000 shall be for ex- shall be available for obligation by the States amounts shall not be expended for any activity penses of revising the Consumer Price Index and through December 31, 1996. (including the publication or distribution of lit- shall remain available until September 30, 1997, OFFICE OF INSPECTOR GENERAL together with not to exceed $49,997,000, which erature) that in any way tends to promote pub- For salaries and expenses of the Office of In- may be expended from the Employment Security lic support or opposition to any legislative pro- spector General in carrying out the provisions of Administration account in the Unemployment posal or candidate for public office: Provided the Inspector General Act of 1978, as amended, Trust Fund. further, That notwithstanding any other provi- $44,426,000, together with not to exceed DEPARTMENTAL MANAGEMENT sion of law, funds made available under this $3,615,000, which may be expended from the Em- heading may be used to continue operating the SALARIES AND EXPENSES ployment Security Administration account in Council on Graduate Medical Education estab- For necessary expenses for Departmental the Unemployment Trust Fund. lished by section 301 of Public Law 102–408: Pro- Management, including the hire of three sedans, GENERAL PROVISIONS vided further, That the Secretary shall use and including up to $4,358,000 for the Presi- SEC. 101. None of the funds appropriated in amounts available for section 2603(b) of the Pub- dent’s Committee on Employment of People With this title for the Job Corps shall be used to pay lic Health Service Act as necessary to ensure Disabilities, $140,077,000; together with not to the compensation of an individual, either as di- that fiscal year 1996 grant awards made under exceed $303,000, which may be expended from rect costs or any proration as an indirect cost, section 2603(a) of such Act to eligible areas that the Employment Security Administration ac- at a rate in excess of $125,000. received such grants in fiscal year 1995 are not count in the Unemployment Trust Fund: Pro- SEC. 102. None of the funds made available in less than the fiscal year 1995 level: Provided fur- vided, That no funds made available by this Act this Act may be used by the Occupational Safe- ther, That of the amounts available for Area may be used by the Solicitor of Labor to partici- ty and Health Administration to promulgate or Health Education Centers, $24,125,000 shall be pate in a review in any United States court of issue any proposed or final standard or guide- for section 746(i)(1)(A) of the Health Professions appeals of any decision made by the Benefits line regarding ergonomic protection. Nothing in Education Extension Amendments of 1992, not- Review Board under Section 21 of the Longshore this section shall be construed to limit the Occu- withstanding section 746(i)(1)(C). and Harbor Workers’ Compensation Act (33 pational Safety and Health Administration from U.S.C. 921) where such participation is pre- conducting any peer reviewed risk assessment MEDICAL FACILITIES GUARANTEE AND LOAN FUND cluded by the decision of the United States Su- activity regarding ergonomics, including con- FEDERAL INTEREST SUBSIDIES FOR MEDICAL preme Court in Director, Office of Workers’ ducting peer reviews of the scientific basis for FACILITIES Compensation Programs v. Newport News Ship- establishing any standard or guideline, direct or building, 115 S. Ct. 1278, (1995): Provided fur- contracted research, or other activity necessary For carrying out subsections (d) and (e) of ther, That no funds made available by this Act to fully establish the scientific basis for promul- section 1602 of the Public Health Service Act, may be used by the Secretary of Labor after gating any standard or guideline on ergonomic $8,000,000, together with any amounts received September 12, 1996, to review a decision under protection. by the Secretary in connection with loans and the Longshore and Harbor Workers’ Compensa- (TRANSFER OF FUNDS) loan guarantees under title VI of the Public tion Act (33 U.S.C. 901 et seq.) that has been ap- SEC. 103. Not to exceed 1 percent of any ap- Health Service Act, to be available without fis- pealed and that has been pending before the propriation made available for the current fiscal cal year limitation for the payment of interest Benefits Review Board for more than 12 months: year for the Department of Labor in this Act subsidies. During the fiscal year, no commit- Provided further, That any such decision pend- may be transferred between such appropria- ments for direct loans or loan guarantees shall ing a review by the Benefits Review Board for tions, but no such appropriation shall be in- be made. more than one year shall, if not acted upon by creased by more than 3 percent by any such HEALTH EDUCATION ASSISTANCE LOANS PROGRAM the Board before September 12, 1996, be consid- transfers: Provided, That the Appropriations ered affirmed by the Benefits Review Board on Committees of both Houses of Congress are noti- For the cost of guaranteed loans, such sums that date, and shall be considered the final fied at least fifteen days in advance of any as may be necessary to carry out the purpose of order of the Board for purposes of obtaining a transfers. the program, as authorized by title VII of the review in the United States courts of appeals: This title may be cited as the ‘‘Department of Public Health Service Act, as amended: Pro- Provided further, That beginning on September Labor Appropriations Act, 1996’’. vided, That such costs, including the cost of

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modifying such loans, shall be as defined in sec- PAYMENTS TO HEALTH CARE TRUST FUNDS additional $300,000,000 to remain available until tion 502 of the Congressional Budget Act of 1974: For payment to the Federal Hospital Insur- expended: Provided, That all of the funds avail- Provided further, That these funds are available ance and the Federal Supplementary Medical able under this paragraph are hereby des- to subsidize gross obligations for the total loan Insurance Trust Funds, as provided under sec- ignated by Congress to be emergency require- principal any part of which is to be guaranteed tions 217(g) and 1844 of the Social Security Act, ments pursuant to section 251(b)(2)(D) of the at not to exceed $210,000,000. In addition, for sections 103(c) and 111(d) of the Social Security Balanced Budget and Emergency Deficit Con- administrative expenses to carry out the guar- Amendments of 1965, section 278(d) of Public trol Act of 1985: Provided further, That these anteed loan program, $2,688,000. Law 97–248, and for administrative expenses in- funds shall be made available only after submis- VACCINE INJURY COMPENSATION PROGRAM TRUST curred pursuant to section 201(g) of the Social sion to Congress of a formal budget request by FUND Security Act, $63,313,000,000. the President that includes designation of the entire amount of the request as an emergency PROGRAM MANAGEMENT For payments from the Vaccine Injury Com- requirement as defined in the Balanced Budget pensation Program Trust Fund, such sums as For carrying out, except as otherwise pro- and Emergency Deficit Control Act of 1985. may be necessary for claims associated with vac- vided, titles XI, XVIII, and XIX of the Social REFUGEE AND ENTRANT ASSISTANCE cine-related injury or death with respect to vac- Security Act, and title XIII of the Public Health cines administered after September 30, 1988, pur- Service Act, the Clinical Laboratory Improve- For making payments for refugee and entrant suant to subtitle 2 of title XXI of the Public ment Amendments of 1988, and section 4005(e) of assistance activities authorized by title IV of the Health Service Act, to remain available until ex- Public Law 100–203, not to exceed $2,111,406,000, Immigration and Nationality Act and section pended: Provided, That for necessary adminis- together with all funds collected in accordance 501 of the Refugee Education Assistance Act of trative expenses, not to exceed $3,000,000 shall with section 353 of the Public Health Service 1980 (Public Law 96–422), $397,872,000: Provided, be available from the Trust Fund to the Sec- Act, the latter funds to remain available until That funds appropriated pursuant to section retary of Health and Human Services. expended, together with such sums as may be 414(a) of the Immigration and Nationality Act under Public Law 103–112 for fiscal year 1994 VACCINE INJURY COMPENSATION collected from authorized user fees and the sale shall be available for the costs of assistance pro- For payment of claims resolved by the United of data, which shall remain available until expended, the $2,111,406,000, to be transferred to vided and other activities conducted in such States Court of Federal Claims related to the ad- year and in fiscal years 1995 and 1996. ministration of vaccines before October 1, 1988, this appropriation as authorized by section CHILD CARE AND DEVELOPMENT BLOCK GRANT $110,000,000, to remain available until expended. 201(g) of the Social Security Act, from the Fed- eral Hospital Insurance and the Federal Supple- For carrying out sections 658A through 658R SUBSTANCE ABUSE AND MENTAL HEALTH mentary Medical Insurance Trust Funds: Pro- of the Omnibus Budget Reconciliation Act of SERVICES ADMINISTRATION vided, That all funds derived in accordance 1981 (The Child Care and Development Block SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES with 31 U.S.C. 9701 from organizations estab- Grant Act of 1990), $934,642,000, which shall be For carrying out titles V and XIX of the Pub- lished under title XIII of the Public Health available for obligation under the same statu- lic Health Service Act with respect to substance Service Act are to be credited to this appropria- tory terms and conditions applicable in the prior abuse and mental health services, the Protection tion. fiscal year. and Advocacy for Mentally Ill Individuals Act HEALTH MAINTENANCE ORGANIZATION LOAN AND SOCIAL SERVICES BLOCK GRANT of 1986, and section 301 of the Public Health LOAN GUARANTEE FUND For making grants to States pursuant to sec- Service Act with respect to program manage- For carrying out subsections (d) and (e) of tion 2002 of the Social Security Act, ment, $1,800,469,000. section 1308 of the Public Health Service Act, $2,380,000,000: Provided, That notwithstanding RETIREMENT PAY AND MEDICAL BENEFITS FOR any amounts received by the Secretary in con- section 2003(c) of such Act, the amount specified COMMISSIONED OFFICERS nection with loans and loan guarantees under for allocation under such section for fiscal year For retirement pay and medical benefits of title XIII of the Public Health Service Act, to be 1996 shall be $2,380,000,000. Public Health Service Commissioned Officers as available without fiscal year limitation for the CHILDREN AND FAMILIES SERVICES PROGRAMS authorized by law, and for payments under the payment of outstanding obligations. During fis- For carrying out, except as otherwise pro- Retired Serviceman’s Family Protection Plan cal year 1996, no commitments for direct loans or vided, the Runaway and Homeless Youth Act, and Survivor Benefit Plan and for medical care loan guarantees shall be made. the Developmental Disabilities Assistance and of dependents and retired personnel under the ADMINISTRATION FOR CHILDREN AND FAMILIES Bill of Rights Act, the Head Start Act, the Child Dependents’ Medical Care Act (10 U.S.C. ch. FAMILY SUPPORT PAYMENTS TO STATES Abuse Prevention and Treatment Act, the Fam- 55), and for payments pursuant to section 229(b) ily Violence Prevention and Services Act, the For making payments to States or other non- of the Social Security Act (42 U.S.C. 429(b)), Native American Programs Act of 1974, title II of Federal entities, except as otherwise provided, such amounts as may be required during the Public Law 95–266 (adoption opportunities), the under titles I, IV–A (other than section current fiscal year. Temporary Child Care for Children with Dis- 402(g)(6)) and D, X, XI, XIV, and XVI of the abilities and Crisis Nurseries Act of 1986, the AGENCY FOR HEALTH CARE POLICY AND Social Security Act, and the Act of July 5, 1960 Abandoned Infants Assistance Act of 1988, and RESEARCH (24 U.S.C. ch. 9), $13,614,307,000, to remain part B(1) of title IV of the Social Security Act; available until expended. HEALTH CARE POLICY AND RESEARCH for making payments under the Community For making, after May 31 of the current fiscal For carrying out titles III and IX of the Pub- Services Block Grant Act; and for necessary ad- year, payments to States or other non-Federal lic Health Service Act, and part A of title XI of ministrative expenses to carry out said Acts and entities under titles I, IV–A and D, X, XI, XIV, the Social Security Act, $65,390,000; in addition, titles I, IV, X, XI, XIV, XVI, and XX of the So- and XVI of the Social Security Act, for the last amounts received from Freedom of Information cial Security Act, the Act of July 5, 1960 (24 three months of the current year for unantici- Act fees, reimbursable and interagency agree- U.S.C. ch. 9), the Omnibus Budget Reconcili- pated costs, incurred for the current fiscal year, ments, and the sale of data tapes shall be cred- ation Act of 1981, title IV of the Immigration such sums as may be necessary. ited to this appropriation and shall remain and Nationality Act, section 501 of the Refugee For making payments to States or other non- available until expended: Provided, That the Education Assistance Act of 1980, and section Federal entities under titles I, IV–A (other than amount made available pursuant to section 126 and titles IV and V of Public Law 100–485, section 402(g)(6)) and D, X, XI, XIV, and XVI 926(b) of the Public Health Service Act shall not $4,585,546,000; of which $435,463,000 shall be for of the Social Security Act and the Act of July 5, exceed $63,080,000. making payments under the Community Services 1960 (24 U.S.C. ch. 9) for the first quarter of fis- Block Grant Act: Provided, That to the extent HEALTH CARE FINANCING ADMINISTRATION cal year 1997, $4,800,000,000, to remain available Community Services Block Grant funds are dis- GRANTS TO STATES FOR MEDICAID until expended. tributed as grant funds by a State to an eligible For carrying out, except as otherwise pro- JOB OPPORTUNITIES AND BASIC SKILLS entity as provided under the Act, and have not vided, titles XI and XIX of the Social Security For carrying out aid to families with depend- been expended by such entity, they shall remain Act, $55,094,355,000, to remain available until ex- ent children work programs, as authorized by with such entity for carryover into the next fis- pended. part F of title IV of the Social Security Act, cal year for expenditure by such entity con- For making, after May 31, 1996, payments to $1,000,000,000. sistent with program purposes. States under title XIX of the Social Security Act LOW INCOME HOME ENERGY ASSISTANCE In addition, $21,358,000, to be derived from the for the last quarter of fiscal year 1996 for unan- Violent Crime Reduction Trust Fund, for car- (INCLUDING RESCISSION) ticipated costs, incurred for the current fiscal rying out sections 40155, 40211, 40241, and 40251 year, such sums as may be necessary. Of the funds made available beginning on Oc- of Public Law 103–322. For making payments to States under title tober 1, 1995 under this heading in Public Law FAMILY PRESERVATION AND SUPPORT XIX of the Social Security Act for the first quar- 103–333, $100,000,000 are hereby rescinded. ter of fiscal year 1997, $26,155,350,000, to remain For making payments under title XXVI of the For carrying out section 430 of the Social Se- available until expended. Omnibus Budget Reconciliation Act of 1981, curity Act, $225,000,000. Payment under title XIX may be made for any $1,000,000,000, to be available for obligation in PAYMENTS TO STATES FOR FOSTER CARE AND quarter with respect to a State plan or plan the period October 1, 1996 through September 30, ADOPTION ASSISTANCE amendment in effect during such quarter, if sub- 1997. For making payments to States or other non- mitted in or prior to such quarter and approved For making payments under title XXVI of the Federal entities, under title IV–E of the Social in that or any subsequent quarter. Omnibus Budget Reconciliation Act of 1981, an Security Act, $4,322,238,000.

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ADMINISTRATION ON AGING 1340.2(d)(2)(ii) of title 45 of the Code of Federal section, the application shall be deemed ap- AGING SERVICES PROGRAMS Regulations. This provision expires upon the proved. date of enactment of the reauthorization of the SEC. 214. (a) REIMBURSEMENT OF CERTAIN For carrying out, to the extent not otherwise Child Abuse Prevention and Treatment Act or CLAIMS UNDER THE MEDICAID PROGRAM.—Not- provided, the Older Americans Act of 1965, as upon September 30, 1996, whichever occurs first. withstanding any other provision of law, and amended, $831,027,000: Provided, That notwith- SEC. 205. None of the funds appropriated in subject to subsection (b), in the case where pay- standing section 308(b)(1) of such Act, the this or any other Act for the National Institutes ment has been made by a State under title XIX amounts available to each State for administra- of Health and the Substance Abuse and Mental of the Social Security Act between December 31, tion of the State plan under title III of such Act Health Services Administration shall be used to 1993, and December 31, 1995, to a State-operated shall be reduced not more than 5 percent below pay the salary of an individual, through a psychiatric hospital for services provided di- the amount that was available to such State for grant or other extramural mechanism, at a rate rectly by the hospital or by providers under con- such purpose for fiscal year 1995. in excess of $125,000 per year. tract or agreement with the hospital, and the OFFICE OF THE SECRETARY Sec. 206. None of the funds appropriated in Secretary of Health and Human Services has GENERAL DEPARTMENTAL MANAGEMENT this Act may be expended pursuant to section notified the State that the Secretary intends to For necessary expenses, not otherwise pro- 241 of the Public Health Service Act, except for defer the determination of claims for reimburse- vided, for general departmental management, funds specifically provided for in this Act, prior ment related to such payment but for which a including hire of six medium sedans, and for to the Secretary’s preparation and submission of deferral of such claims has not been taken as of carrying out titles III, XVII, XX, and XXI of a report to the Committee on Appropriations of March 1, 1996, (or, if such claims have been de- the Public Health Service Act, $130,499,000, to- the Senate and of the House detailing the ferred as of such date, such claims have not gether with $6,628,000, to be transferred and ex- planned uses of such funds. been disallowed by such date), the Secretary pended as authorized by section 201(g)(1) of the (TRANSFER OF FUNDS) shall— (1) if, as of the date of the enactment of this Social Security Act from the Hospital Insurance SEC. 207. Of the funds appropriated or other- title, such claims have been formally deferred or Trust Fund and the Supplemental Medical In- wise made available for the Department of disallowed, discontinue any such action, and if surance Trust Fund. Health and Human Services, General Depart- a disallowance of such claims has been taken as OFFICE OF INSPECTOR GENERAL mental Management, for fiscal year 1996, the Secretary of Health and Human Services shall of such date, rescind any payment reductions For expenses necessary for the Office of In- transfer to the Office of the Inspector General effected; (2) not initiate any deferral or disallowance spector General in carrying out the provisions of such sums as may be necessary for any expenses proceeding related to such claims; and the Inspector General Act of 1978, as amended, with respect to the provision of security protec- $58,492,000, together with not to exceed (3) allow reimbursement of such claims. tion for the Secretary of Health and Human (b) LIMITATION ON RESCISSION OR REIMBURSE- $20,670,000, to be transferred and expended as Services. authorized by section 201(g)(1) of the Social Se- MENT OF CLAIMS.—The total amount of payment SEC. 208. Notwithstanding section 106 of Pub- reductions rescinded or reimbursement of claims curity Act from the Hospital Insurance Trust lic Law 104–91, appropriations for the National Fund and the Supplemental Medical Insurance allowed under subsection (a) shall not exceed Institutes of Health and the Centers for Disease $54,000,000. Trust Fund, together with any funds, to remain Control and Prevention shall be available for available until expended, that represent the eq- (c) OFFSET OF FUNDS.—Notwithstanding any fiscal year 1996 as specified in section 101 of other provision of this Act, the amounts on lines uitable share from the forfeiture of property in Public Law 104–91. investigations in which the Office of Inspector 5 and 8 of page 570 (relating to the Social Serv- (RESCISSION) General participated, and which are transferred ices Block Grant) shall each be reduced by SEC. 209. Of the amounts made available to the Office of the Inspector General by the De- $70,000,000. under the account heading ‘‘Disease Control, This title may be cited as the ‘‘Department of partment of Justice, the Department of the Research, and Training’’ under the Centers for Health and Human Services Appropriations Act, Treasury, or the United States Postal Service. Disease Control and Prevention, Department of 1996’’. OFFICE FOR CIVIL RIGHTS Health and Human Services in Public Law 103– TITLE III—DEPARTMENT OF EDUCATION For expenses necessary for the Office for Civil 333, Public Law 103–112, and Public Law 102–394 EDUCATION REFORM Rights, $16,153,000, together with not to exceed for immunization activities, $53,000,000 are here- For carrying out activities authorized by titles $3,314,000, to be transferred and expended as by rescinded. III and IV of the Goals 2000: Educate America authorized by section 201(g)(1) of the Social Se- SEC. 210. Of the funds provided for the ac- Act and the School-to-Work Opportunities Act, curity Act from the Hospital Insurance Trust count heading ‘‘Disease Control, Research, and $385,000,000, of which $290,000,000 for the Goals Fund and the Supplemental Medical Insurance Training’’ in Public Law 104–91, $31,642,000, to 2000: Educate America Act and $95,000,000 for Trust Fund. be derived from the Violent Crime Reduction the School-to-Work Opportunities Act which Trust Fund, is hereby available for carrying out POLICY RESEARCH shall become available on July 1, 1996, and re- sections 40151, 40261, and 40293 of Public Law For carrying out, to the extent not otherwise main available through September 30, 1997: Pro- 103–322 notwithstanding any provision of Public provided, research studies under section 1110 of vided, That notwithstanding section 311(e) of Law 104–91. the Social Security Act, $9,000,000. Public Law 103–227, the Secretary is authorized SEC. 211. The Director of the Centers for Dis- to grant up to six additional State education PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY ease Control and Prevention may redirect the agencies authority to waive Federal statutory or FUND total amount made available under the author- regulatory requirements for fiscal year 1996 and For expenses necessary to prepare to respond ity of Public Law 101–502, section 3, dated No- succeeding fiscal years. to the health and medical consequences of nu- vember 3, 1990, to activities the Director may so clear, chemical, or biologic attack in the United designate: Provided, That the Congress is to be EDUCATION FOR THE DISADVANTAGED States, $7,000,000, to remain available until ex- notified promptly of any such transfer. For carrying out title I of the Elementary and pended and, in addition, for clinical trials, ap- (TRANSFER OF FUNDS) Secondary Education Act of 1965, and section plying imaging technology used for missile guid- SEC. 212. Notwithstanding any other provision 418A of the Higher Education Act, ance and target recognition to new uses improv- of this Act or of Public Law 104–91, the Director $6,513,511,000, of which $6,497,172,000 shall being the early detection of breast cancer, of the Office of AIDS Research, National Insti- come available on July 1, 1996 and shall remain $2,000,000, to remain available until expended. tutes of Health, in consultation with the Direc- available through September 30, 1997: Provided, GENERAL PROVISIONS tor, National Institutes of Health, may transfer That $5,266,863,000 shall be available for basic SEC. 201. Funds appropriated in this title shall up to 3 percent among Institutes from the total grants under section 1124: Provided further, be available for not to exceed $37,000 for official amounts identified in each Institute for AIDS That up to $3,500,000 of these funds shall be reception and representation expenses when research: Provided, That such transfers shall be available to the Secretary on October 1, 1995, to specifically approved by the Secretary. within 30 days of enactment of this Act and be obtain updated local-educational-agency-level SEC. 202. The Secretary shall make available based on the scientific priorities established in census poverty data from the Bureau of the through assignment not more than 60 employees the plan developed by the Director in accord- Census: Provided further, That $692,341,000 of the Public Health Service to assist in child ance with section 2353 of Public Law 103–43: shall be available for concentration grants survival activities and to work in AIDS pro- Provided further, That the Congress is promptly under section 1124(A) and $3,370,000 shall be grams through and with funds provided by the notified of the transfer. available for evaluations under section 1501. Agency for International Development, the SEC. 213. If the Secretary fails to approve the IMPACT AID United Nations International Children’s Emer- application for waivers related to the Achieving For carrying out programs of financial assist- gency Fund or the World Health Organization. Change for Texans, a comprehensive reform of ance to federally affected schools authorized by SEC. 203. None of the funds appropriated the Texas Aid To Families With Dependent title VIII of the Elementary and Secondary Edu- under this Act may be used to implement section Children program designed to encourage work cation Act of 1965, $691,159,000, of which 399L(b) of the Public Health Service Act. instead of welfare, a request under section $581,170,000 shall be for basic support payments SEC. 204. None of the funds made available by 1115(a) of the Social Security Act submitted by under section 8003(b), $40,000,000 shall be for this Act may be used to withhold payment to the Texas Department of Human Services on payments for children with disabilities under any State under the Child Abuse Prevention September 30, 1995, by the date of enactment of section 8003(d), $50,000,000, to remain available and Treatment Act by reason of a determination this Act, notwithstanding the Secretary’s au- until expended, shall be for payments under sec- that the State is not in compliance with section thority to approve the applications under such tion 8003(f), $5,000,000 shall be for construction

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under section 8007, and $14,989,000 shall be for which $5,100,000 shall be available to carry out COLLEGE HOUSING AND ACADEMIC FACILITIES Federal property payments under section 8002. title VI of the National Literacy Act of 1991; and LOANS PROGRAM SCHOOL IMPROVEMENT PROGRAMS of which $1,254,969,000 shall become available on For administrative expenses to carry out the July 1, 1996 and shall remain available through For carrying out school improvement activities existing direct loan program of college housing September 30, 1997: Provided, That of the authorized by titles II, IV–A–1, V–A, VI, VII–B, and academic facilities loans entered into pur- amounts made available under the Carl D. Per- and titles IX, X and XIII of the Elementary and suant to title VII, part C, of the Higher Edu- kins Vocational and Applied Technology Edu- Secondary Education Act of 1965; the Stewart B. cation Act, as amended, $700,000. cation Act, $5,000,000 shall be for national pro- McKinney Homeless Assistance Act; and the COLLEGE HOUSING LOANS grams under title IV without regard to section Civil Rights Act of 1964; $948,987,000 of which Pursuant to title VII, part C of the Higher 451 and $350,000 shall be for evaluations under $775,760,000 shall become available on July 1, Education Act, as amended, for necessary ex- section 346(b) of the Act and no funds shall be 1996, and remain available through September penses of the college housing loans program, available for State councils under section 112. 30, 1997: Provided, That of the amount appro- previously carried out under title IV of the priated, $275,000,000 shall be for Eisenhower STUDENT FINANCIAL ASSISTANCE Housing Act of 1950, the Secretary shall make expenditures and enter into contracts without professional development State grants under For carrying out subparts 1, 3, and 4 of part regard to fiscal year limitation using loan re- title II–B and $275,000,000 shall be for innova- A, part C, and part E of title IV of the Higher payments and other resources available to this tive education program strategies State grants Education Act of 1965, as amended, account. Any unobligated balances becoming under title VI–A: Provided further, That not less $6,165,290,000, which shall remain available available from fixed fees paid into this account than $3,000,000 shall be for innovative programs through September 30, 1997: Provided, That not- under section 5111. pursuant to 12 U.S.C. 1749d, relating to payment withstanding section 401(a)(1) of the Act, there of costs for inspections and site visits, shall be BILINGUAL AND IMMIGRANT EDUCATION shall be not to exceed 3,634,000 Pell Grant recipi- available for the operating expenses of this ac- For carrying out, to the extent not otherwise ents in award year 1995–1996. count. provided, bilingual and immigrant education ac- The maximum Pell Grant for which a student HISTORICALLY BLACK COLLEGE AND UNIVERSITY tivities authorized by title VII of the Elementary shall be eligible during award year 1996–1997 CAPITAL FINANCING, PROGRAM ACCOUNT and Secondary Education Act, without regard shall be $2,440: Provided, That notwithstanding The total amount of bonds insured pursuant to section 7103(b), $150,000,000 of which section 401(g) of the Act, as amended, if the Sec- to section 724 of title VII, part B of the Higher $50,000,000 shall be for immigrant education pro- retary determines, prior to publication of the Education Act shall not exceed $357,000,000, and grams authorized by part C: Provided, That payment schedule for award year 1996–1997, the cost, as defined in section 502 of the Con- State educational agencies may use all, or any that the $4,814,000,000 included within this ap- gressional Budget Act of 1974, of such bonds part of, their part C allocation for competitive propriation for Pell Grant awards for award shall not exceed zero. grants to local educational agencies. year 1996–1997, and any funds available from For administrative expenses to carry out the SPECIAL EDUCATION the fiscal year 1995 appropriation for Pell Grant Historically Black College and University Cap- For carrying out parts B, C, D, E, F, G, and awards, are insufficient to satisfy fully all such ital Financing Program entered into pursuant to H and section 610(j)(2)(C) of the Individuals awards for which students are eligible, as cal- title VII, part B of the Higher Education Act, as with Disabilities Education Act, $3,245,447,000, culated under section 401(b) of the Act, the amended, $166,000. amount paid for each such award shall be re- of which $3,000,000,000 shall become available EDUCATION RESEARCH, STATISTICS, AND duced by either a fixed or variable percentage, for obligation on July 1, 1996, and shall remain IMPROVEMENT or by a fixed dollar amount, as determined in available through September 30, 1997: Provided, For carrying out activities authorized by the That the Republic of the Marshall Islands and accordance with a schedule of reductions established by the Secretary for this purpose. Educational Research, Development, Dissemina- the Federated States of Micronesia shall be con- tion, and Improvement Act; the National Edu- sidered jurisdictions for the purposes of section FEDERAL FAMILY EDUCATION LOAN PROGRAM cation Statistics Act; sections 2102, 3134, and 611(e)(1), of the Individuals with Disabilities ACCOUNT 3136, parts B, C, and D of title III, parts A, B, Education Act: Provided further, That notwith- For Federal administrative expenses to carry I, and K, and section 10601 of title X, part C of standing section 621(e), funds made available out guaranteed student loans authorized by title title XIII of the Elementary and Secondary for section 621 shall be distributed among each IV, part B, of the Higher Education Act, as Education Act of 1965, as amended, and title VI of the regional centers and the Federal center in amended, $30,066,000. of the Goals 2000: Educate America Act, proportion to the amount that each such center $328,268,000: Provided, That $4,000,000 shall be received in fiscal year 1995. HIGHER EDUCATION for section 10601 of the Elementary and Sec- REHABILITATION SERVICES AND DISABILITY For carrying out, to the extent not otherwise ondary Education Act: Provided further, That RESEARCH provided, parts A and B of title III, without re- $25,000,000 shall be for sections 3136 and 3141 of For carrying out, to the extent not otherwise gard to section 360(a)(1)(B)(ii), chapters I and II the Elementary and Secondary Education Act: provided, the Rehabilitation Act of 1973, the of subpart 2 and subpart 6 of part A of title IV, Provided further, That $51,000,000 shall be for Technology-Related Assistance for Individuals subpart 2 of part E of title V, parts A, B and C regional laboratories, $5,000,000 shall be for with Disabilities Act, and the Helen Keller Na- of title VI, title VII, parts C, D, and G of title International Education Exchange, and tional Center Act, as amended, $2,452,620,000. IX, part A and subpart 1 of part B of title X, $3,000,000 shall be for the elementary mathe- and part A of title XI of the Higher Education matics and science equipment projects under the SPECIAL INSTITUTIONS FOR PERSONS WITH Act of 1965, as amended, Public Law 102–423, fund for the improvement of education: Pro- DISABILITIES and the Mutual Educational and Cultural Ex- vided further That funds shall be used to extend AMERICAN PRINTING HOUSE FOR THE BLIND change Act of 1961; $836,964,000, of which star schools partnership projects that received For carrying out the Act of March 3, 1879, as $16,712,000 for interest subsidies under title VII continuation grants in fiscal year 1995. amended (20 U.S.C. 101 et seq.), $6,680,000. of the Higher Education Act, as amended, shall LIBRARIES NATIONAL TECHNICAL INSTITUTE FOR THE DEAF remain available until expended: Provided, That For carrying out, to the extent not otherwise For the National Technical Institute for the notwithstanding sections 419D, 419E, and 419H provided, titles I, II, and III of the Library Serv- Deaf under titles I and II of the Education of of the Higher Education Act, as amended, schol- ices and Construction Act, and title II–B of the the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), arships made under title IV, part A, subpart 6 Higher Education Act, $131,505,000, of which $42,180,000: Provided, That from the amount shall be prorated to maintain the same number $16,369,000 shall be used to carry out the provi- available, the Institute may at its discretion use of new scholarships in fiscal year 1996 as in fis- sions of title II of the Library Services and Con- funds for the endowment program as authorized cal year 1995. struction Act and shall remain available until under section 207. HOWARD UNIVERSITY expended; and $2,500,000 shall be for section 222 GALLAUDET UNIVERSITY and $2,000,000 shall be for section 223 of the For the Kendall Demonstration Elementary For partial support of Howard University (20 Higher Education Act: Provided, That $1,000,000 School, the Model Secondary School for the U.S.C. 121 et seq.), $174,671,000: Provided, That shall be awarded to a nonprofit foundation Deaf, and the partial support of Gallaudet Uni- from the amount available, the University may using multi-media technology to document and versity under titles I and II of the Education of at its discretion use funds for the endowment archive not less than 40,000 holocaust survivors’ the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), program as authorized under the Howard Uni- testimony: Provided further, That $1,000,000 $77,629,000: Provided, That from the amount versity Endowment Act (Public Law 98–480). shall be for the continued funding of an existing available, the University may at its discretion HIGHER EDUCATION FACILITIES LOANS demonstration project making information use funds for the endowment program as au- available for public use by connecting Internet The Secretary is hereby authorized to make thorized under section 207. to a multistate consortium. such expenditures, within the limits of funds VOCATIONAL AND ADULT EDUCATION available under this heading and in accord with DEPARTMENTAL MANAGEMENT For carrying out, to the extent not otherwise law, and to make such contracts and commit- PROGRAM ADMINISTRATION provided, the Carl D. Perkins Vocational and ments without regard to fiscal year limitation, For carrying out, to the extent not otherwise Applied Technology Education Act, the Adult as provided by section 104 of the Government provided, the Department of Education Organi- Education Act, and the National Literacy Act of Corporation Control Act (31 U.S.C. 9104), as zation Act, including rental of conference rooms 1991, $1,257,888,000, of which $4,869,000 shall be may be necessary in carrying out the program in the District of Columbia and hire of two pas- for the National Institute for Literacy, and of for the current fiscal year. senger motor vehicles, $327,319,000.

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OFFICE FOR CIVIL RIGHTS shall be available to the Secretary of Education Act, for the fiscal year 1998, $250,000,000: Pro- For expenses necessary for the Office for Civil to carry out section 8007 of the Elementary and vided, That no funds made available to the Cor- Rights, as authorized by section 203 of the De- Secondary Education Act of 1965 (20 U.S.C. poration for Public Broadcasting by this Act partment of Education Organization Act, 7707). shall be used to pay for receptions, parties, or $55,451,000. (b)(1) The Secretary of Education shall award similar forms of entertainment for Government the funds described in subsection (a)(1) to local officials or employees: Provided further, That OFFICE OF THE INSPECTOR GENERAL educational agencies, under such terms and none of the funds contained in this paragraph For expenses necessary for the Office of the conditions as the Secretary of Education deter- shall be available or used to aid or support any Inspector General, as authorized by section 212 mines appropriate, for the construction of public program or activity from which any person is of the Department of Education Organization elementary or secondary schools on Indian res- excluded, or is denied benefits, or is discrimi- Act, $28,654,000. ervations or in school districts that— nated against, on the basis of race, color, na- HEADQUARTERS RENOVATION (A) the Secretary of Education determines are tional origin, religion, or sex. For necessary expenses for the renovation of in dire need of construction funding; FEDERAL MEDIATION AND CONCILIATION SERVICE the Department of Education headquarters (B) contain a public elementary or secondary SALARIES AND EXPENSES building, $7,000,000, to remain available until school that serves a student population which is September 30, 1998. 90 percent Indian students; and For expenses necessary for the Federal Medi- ation and Conciliation Service to carry out the GENERAL PROVISIONS (C) serve students who are taught in inadequate or unsafe structures, or in a public ele- functions vested in it by the Labor Management SEC. 301. No funds appropriated in this Act mentary or secondary school that has been con- Relations Act, 1947 (29 U.S.C. 171–180, 182–183), may be used for the transportation of students demned. including hire of passenger motor vehicles; and or teachers (or for the purchase of equipment for (2) A local educational agency that receives for expenses necessary for the Labor-Manage- such transportation) in order to overcome racial construction funding under this subsection for ment Cooperation Act of 1978 (29 U.S.C. 175a); imbalance in any school or school system, or for fiscal year 1996 shall not be eligible to receive and for expenses necessary for the Service to the transportation of students or teachers (or any funds under section 8007 of the Elementary carry out the functions vested in it by the Civil for the purchase of equipment for such trans- and Secondary Education Act of 1965 (20 U.S.C. Service Reform Act, Public Law 95–454 (5 U.S.C. portation) in order to carry out a plan of racial 7707) for school construction for fiscal years 1996 chapter 71), $32,396,000 including $1,500,000, to desegregation of any school or school system. and 1997. remain available through September 30, 1997, for SEC. 302. None of the funds contained in this (3) As used in this subsection, the term ‘‘con- activities authorized by the Labor Management Act shall be used to require, directly or indi- struction’’ has the meaning given that term in Cooperation Act of 1978 (29 U.S.C. 175a): Pro- rectly, the transportation of any student to a section 8013(3) of the Elementary and Secondary vided, That notwithstanding 31 U.S.C. 3302, fees school other than the school which is nearest Education Act of 1965 (20 U.S.C. 7713(3)). charged for special training activities up to full- the student’s home, except for a student requir- (4) No request for construction funding under cost recovery shall be credited to and merged ing special education, to the school offering this subsection shall be approved unless the re- with this account, and shall remain available such special education, in order to comply with quest is received by the Secretary of Education until expended: Provided further, That the Di- title VI of the Civil Rights Act of 1964. For the not later than 30 days after the date of enact- rector of the Service is authorized to accept on purpose of this section an indirect requirement ment of this Act. behalf of the United States gifts of services and of transportation of students includes the trans- SEC. 306. (a) Section 428(n) of the Higher Edu- real, personal, or other property in the aid of portation of students to carry out a plan involv- cation Act of 1965 (20 U.S.C. 1078(n)) is amended any projects or functions within the Director’s ing the reorganization of the grade structure of by adding at the end the following new para- jurisdiction. schools, the pairing of schools, or the clustering graph: FEDERAL MINE SAFETY AND HEALTH REVIEW of schools, or any combination of grade restruc- ‘‘(5) APPLICABILITY TO PART D LOANS.—The COMMISSION turing, pairing or clustering. The prohibition provisions of this subsection shall apply to insti- SALARIES AND EXPENSES described in this section does not include the es- tutions of higher education participating in di- For expenses necessary for the Federal Mine tablishment of magnet schools. rect lending under part D with respect to loans Safety and Health Review Commission (30 SEC. 303. No funds appropriated under this made under such part, and for the purposes of U.S.C. 801 et seq.), $6,200,000. Act may be used to prevent the implementation this paragraph, paragraph (4) shall be applied of programs of voluntary prayer and meditation by inserting ‘or part D’ after ‘this part’.’’. NATIONAL COMMISSION ON LIBRARIES AND in the public schools. (b) The amendment made by subsection (a) INFORMATION SCIENCE SEC. 304. Notwithstanding any other provision shall take effect on July 1, 1996. SALARIES AND EXPENSES of law, funds available under section 458 of the This title may be cited as the ‘‘Department of For necessary expenses for the National Com- Higher Education Act shall not exceed Education Appropriations Act, 1996’’. mission on Libraries and Information Science, $460,000,000 for fiscal year 1996. The Department TITLE IV—RELATED AGENCIES established by the Act of July 20, 1970 (Public of Education shall pay (i) administrative cost ARMED FORCES RETIREMENT HOME Law 91–345, as amended by Public Law 102–95), allowances owed to guaranty agencies for fiscal $829,000. year 1995 estimated at $95,000,000. The Depart- For expenses necessary for the Armed Forces ment of Education shall pay administrative cost Retirement Home to operate and maintain the NATIONAL COUNCIL ON DISABILITY allowances to guaranty agencies, payable quar- United States Soldiers’ and Airmen’s Home and SALARIES AND EXPENSES terly, calculated on the basis of 0.85 percent of the United States Naval Home, to be paid from For expenses necessary for the National Coun- the total principal amount of loans upon which funds available in the Armed Forces Retirement cil on Disability as authorized by title IV of the insurance was issued on or after October 1, 1995 Home Trust Fund, $55,971,000, of which Rehabilitation Act of 1973, as amended, by such guaranty agency. Receipt of such funds $1,954,000 shall remain available until expended $1,793,000. and uses of such funds shall be in accordance for construction and renovation of the physical NATIONAL EDUCATION GOALS PANEL plants at the United States Soldiers’ and Air- with section 428(f). For expenses necessary for the National Edu- men’s Home and the United States Naval Home: Notwithstanding section 458 of the Higher cation Goals Panel, as authorized by title II, Provided, That this appropriation shall not be Education Act, the Secretary may not use funds part A of the Goals 2000: Educate America Act, available for the payment of hospitalization of available under that section or any other sec- $1,000,000. tion for subsequent fiscal years for administra- members of the Soldiers’ and Airmen’s Home in NATIONAL LABOR RELATIONS BOARD tive expenses of the William D. Ford Direct United States Army hospitals at rates in excess Loan Program during fiscal year 1996, nor may of those prescribed by the Secretary of the Army SALARIES AND EXPENSES the Secretary require the return of guaranty upon recommendation of the Board of Commis- For expenses necessary for the National Labor agency reserve funds during fiscal year 1996, ex- sioners and the Surgeon General of the Army. Relations Board to carry out the functions vest- cept after consultation with appropriate commit- CORPORATION FOR NATIONAL AND COMMUNITY ed in it by the Labor-Management Relations tees of Congress. SERVICE Act, 1947, as amended (29 U.S.C. 141–167), and No funds available to the Secretary may be DOMESTIC VOLUNTEER SERVICE PROGRAMS, other laws, $167,245,000: Provided, That no part used for payment of administrative fees relating OPERATING EXPENSES of this appropriation shall be available to orga- to the William D. Ford Direct Loan Program to nize or assist in organizing agricultural laborers For expenses necessary for the Corporation institutions of higher education. or used in connection with investigations, hear- for National and Community Service to carry SEC. 305. (a)(1) From any unobligated funds ings, directives, or orders concerning bargaining that are available to the Secretary of Education out the provisions of the Domestic Volunteer units composed of agricultural laborers as re- to carry out section 5 or 14 of the Act of Sep- Service Act of 1973, as amended, $201,294,000, of ferred to in section 2(3) of the Act of July 5, 1935 tember 23, 1950 (Public Law 815, 81st Congress) which $5,024,000 shall be available to carry out (29 U.S.C. 152), and as amended by the Labor- (as such Act was in effect on September 30, 1994) section 109 of the Domestic Volunteer Service Management Relations Act, 1947, as amended, not less than $11,500,000 shall be available to the Act of 1973. and as defined in section 3(f) of the Act of June Secretary of Education to carry out subsection CORPORATION FOR PUBLIC BROADCASTING 25, 1938 (29 U.S.C. 203), and including in said (b). For payment to the Corporation for Public definition employees engaged in the mainte- (2) Any unobligated funds described in para- Broadcasting, as authorized by the Communica- nance and operation of ditches, canals, res- graph (1) that remain unobligated after the Sec- tions Act of 1934, an amount which shall be ervoirs, and waterways when maintained or op- retary of Education carries out such paragraph available within limitations specified by that erated on a mutual, nonprofit basis and at least

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00177 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2518 CONGRESSIONAL RECORD — SENATE March 20, 1996 95 per centum of the water stored or supplied not to exceed $10,000 for official reception and plement, not supplant, existing resources de- thereby is used for farming purposes. representation expenses, not more than voted to such operations and improvements. NATIONAL MEDIATION BOARD $5,271,183,000 may be expended, as authorized LIMITATION ON THE OFFICE OF INSPECTOR by section 201(g)(1) of the Social Security Act or SALARIES AND EXPENSES GENERAL as necessary to carry out sections 9704 and 9706 For expenses necessary for the Office of In- For expenses necessary to carry out the provi- of the Internal Revenue Code of 1986 from any spector General for audit, investigatory and re- sions of the Railway Labor Act, as amended (45 one or all of the trust funds referred to therein: view activities, as authorized by the Inspector U.S.C. 151–188), including emergency boards ap- Provided, That reimbursement to the trust funds General Act of 1978, as amended, not more than pointed by the President, $7,837,000. under this heading for administrative expenses $5,673,000, to be derived from the railroad retire- OCCUPATIONAL SAFETY AND HEALTH REVIEW to carry out sections 9704 and 9706 of the Inter- ment accounts and railroad unemployment in- COMMISSION nal Revenue Code of 1986 shall be made, with surance account. interest, not later than September 30, 1997: Pro- SALARIES AND EXPENSES UNITED STATES INSTITUTE OF PEACE vided further, That unobligated balances at the For expenses necessary for the Occupational end of fiscal year 1996 shall remain available OPERATING EXPENSES Safety and Health Review Commission (29 until expended for a state-of-the-art computing For necessary expenses of the United States U.S.C. 661), $8,100,000. network, including related equipment and ad- Institute of Peace as authorized in the United PHYSICIAN PAYMENT REVIEW COMMISSION ministrative expenses associated solely with this States Institute of Peace Act, $11,500,000. SALARIES AND EXPENSES network. TITLE V—GENERAL PROVISIONS For expenses necessary to carry out section In addition to funding already available SEC. 501. The Secretaries of Labor, Health and 1845(a) of the Social Security Act, $2,923,000, to under this heading, and subject to the same Human Services, and Education are authorized be transferred to this appropriation from the terms and conditions, $407,000,000, for disability to transfer unexpended balances of prior appro- Federal Supplementary Medical Insurance caseload processing. priations to accounts corresponding to current Trust Fund. In addition to funding already available appropriations provided in this Act: Provided, under this heading, and subject to the same That such transferred balances are used for the PROSPECTIVE PAYMENT ASSESSMENT COMMISSION terms and conditions, $167,000,000, which shall same purpose, and for the same periods of time, SALARIES AND EXPENSES remain available until expended, to invest in a for which they were originally appropriated. For expenses necessary to carry out section state-of-the-art computing network, including SEC. 502. No part of any appropriation con- 1886(e) of the Social Security Act, $3,267,000, to related equipment and administrative expenses tained in this Act shall remain available for ob- be transferred to this appropriation from the associated solely with this network, for the So- ligation beyond the current fiscal year unless Federal Hospital Insurance and the Federal cial Security Administration and the State Dis- expressly so provided herein. Supplementary Medical Insurance Trust Funds. ability Determination Services, may be expended SEC. 503. (a) No part of any appropriation contained in this Act shall be used, other than SOCIAL SECURITY ADMINISTRATION from any or all of the trust funds as authorized by section 201(g)(1) of the Social Security Act. for normal and recognized executive-legislative PAYMENTS TO SOCIAL SECURITY TRUST FUNDS OFFICE OF INSPECTOR GENERAL relationships, for publicity or propaganda pur- For payment to the Federal Old-Age and Sur- For expenses necessary for the Office of In- poses, for the preparation, distribution, or use of vivors Insurance and the Federal Disability In- spector General in carrying out the provisions of any kit, pamphlet, booklet, publication, radio, surance trust funds, as provided under sections the Inspector General Act of 1978, as amended, television, or film presentation designed to sup- 201(m), 228(g), and 1131(b)(2) of the Social Secu- $4,816,000, together with not to exceed port or defeat legislation pending before the rity Act, $22,641,000. $21,076,000, to be transferred and expended as Congress, except in presentation to the Congress In addition, to reimburse these trust funds for authorized by section 201(g)(1) of the Social Se- itself. administrative expenses to carry out sections (b) No part of any appropriation contained in curity Act from the Federal Old-Age and Sur- 9704 and 9706 of the Internal Revenue Code of this Act shall be used to pay the salary or ex- vivors Insurance Trust Fund and the Federal 1986, $10,000,000, to remain available until expenses of any grant or contract recipient, or Disability Insurance Trust Fund. pended. agent acting for such recipient, related to any RAILROAD RETIREMENT BOARD SPECIAL BENEFITS FOR DISABLED COAL MINERS activity designed to influence legislation or ap- DUAL BENEFITS PAYMENTS ACCOUNT propriations pending before the Congress. For carrying out title IV of the Federal Mine For payment to the Dual Benefits Payments SEC. 504. The Secretaries of Labor and Edu- Safety and Health Act of 1977, $485,396,000, to Account, authorized under section 15(d) of the cation are each authorized to make available remain available until expended. Railroad Retirement Act of 1974, $239,000,000, not to exceed $15,000 from funds available for For making, after July 31 of the current fiscal which shall include amounts becoming available salaries and expenses under titles I and III, re- year, benefit payments to individuals under title in fiscal year 1996 pursuant to section spectively, for official reception and representa- IV of the Federal Mine Safety and Health Act of 224(c)(1)(B) of Public Law 98–76; and in addition expenses; the Director of the Federal Medi- 1977, for costs incurred in the current fiscal tion, an amount, not to exceed 2 percent of the ation and Conciliation Service is authorized to year, such amounts as may be necessary. amount provided herein, shall be available pro- make available for official reception and rep- For making benefit payments under title IV of portional to the amount by which the product of resentation expenses not to exceed $2,500 from the Federal Mine Safety and Health Act of 1977 recipients and the average benefit received ex- the funds available for ‘‘Salaries and expenses, for the first quarter of fiscal year 1997, ceeds $239,000,000: Provided, That the total Federal Mediation and Conciliation Service’’; $170,000,000, to remain available until expended. amount provided herein shall be credited in 12 and the Chairman of the National Mediation SUPPLEMENTAL SECURITY INCOME PROGRAM approximately equal amounts on the first day of Board is authorized to make available for offi- For carrying out titles XI and XVI of the So- each month in the fiscal year. cial reception and representation expenses not cial Security Act, section 401 of Public Law 92– FEDERAL PAYMENTS TO THE RAILROAD to exceed $2,500 from funds available for ‘‘Sala- 603, section 212 of Public Law 93–66, as amend- RETIREMENT ACCOUNTS ries and expenses, National Mediation Board’’. ed, and section 405 of Public Law 95–216, includ- SEC. 505. Notwithstanding any other provision For payment to the accounts established in ing payment to the Social Security trust funds of this Act, no funds appropriated under this the Treasury for the payment of benefits under for administrative expenses incurred pursuant Act shall be used to carry out any program of the Railroad Retirement Act for interest earned to section 201(g)(1) of the Social Security Act, distributing sterile needles for the hypodermic on unnegotiated checks, $300,000, to remain $18,595,012,000, to remain available until ex- injection of any illegal drug unless the Sec- available through September 30, 1997, which pended, of which $1,500,000 shall be for a dem- retary of Health and Human Services determines shall be the maximum amount available for pay- onstration program to foster economic independ- that such programs are effective in preventing ment pursuant to section 417 of Public Law 98– ence among people with disabilities through dis- the spread of HIV and do not encourage the use 76. ability sport, in connection with the Tenth of illegal drugs. Paralympic Games: Provided, That any portion LIMITATION ON ADMINISTRATION SEC. 506. (a) PURCHASE OF AMERICAN-MADE of the funds provided to a State in the current For necessary expenses for the Railroad Re- EQUIPMENT AND PRODUCTS.—It is the sense of fiscal year and not obligated by the State during tirement Board in administering the Railroad the Congress that, to the greatest extent prac- that year shall be returned to the Treasury. Retirement Act and the Railroad Unemployment ticable, all equipment and products purchased For making, after June 15 of the current fiscal Insurance Act, $89,094,000, to be derived as au- with funds made available in this Act should be year, benefit payments to individuals under title thorized by section 15(h) of the Railroad Retire- American-made. XVI of the Social Security Act, for unantici- ment Act and section 10(a) of the Railroad Un- (b) NOTICE REQUIREMENT.—In providing fi- pated costs incurred for the current fiscal year, employment Insurance Act, from the accounts nancial assistance to, or entering into any con- such sums as may be necessary. referred to in those sections. tract with, any entity using funds made available in this Act, the head of each Federal agen- For carrying out title XVI of the Social Secu- SPECIAL MANAGEMENT IMPROVEMENT FUND rity Act for the first quarter of fiscal year 1997, cy, to the greatest extent practicable, shall pro- To effect management improvements, includ- $9,260,000,000, to remain available until ex- vide to such entity a notice describing the state- ing the reduction of backlogs, accuracy of tax- pended. ment made in subsection (a) by the Congress. ation accounting, and debt collection, $659,000, SEC. 507. When issuing statements, press re- LIMITATION ON ADMINISTRATIVE EXPENSES to be derived from the railroad retirement ac- leases, requests for proposals, bid solicitations For necessary expenses, including the hire of counts and railroad unemployment insurance and other documents describing projects or pro- two medium size passenger motor vehicles, and account: Provided, That these funds shall sup- grams funded in whole or in part with Federal

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00178 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2519

money, all grantees receiving Federal funds, in- carry out the purpose of this part with respect VETERANS INSURANCE AND INDEMNITIES cluding but not limited to State and local gov- to students engaged in specialized training re- For military and naval insurance, national ernments and recipients of Federal research quiring exceptionally high costs of education, service life insurance, servicemen’s indemnities, grants, shall clearly state (1) the percentage of but the annual insurable limit per student shall service-disabled veterans insurance, and vet- the total costs of the program or project which not be deemed to be exceeded by a line of credit erans mortgage life insurance as authorized by will be financed with Federal money, (2) the under which actual payments by the lender to law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. dollar amount of Federal funds for the project the borrower will not be made in any years in 487), $24,890,000, to remain available until ex- or program, and (3) percentage and dollar excess of the annual limit.’’. pended. amount of the total costs of the project or pro- (b) EFFECTIVE DATE.—The amendments made GUARANTY AND INDEMNITY PROGRAM ACCOUNT gram that will be financed by nongovernmental by subsection (a) shall be effective for loans (INCLUDING TRANSFER OF FUNDS) sources. made to cover the cost of instruction for periods SEC. 508. None of the funds appropriated of enrollment beginning on or after July 1, 1996. For the cost of direct and guaranteed loans, under this Act shall be expended for any abor- This Act may be cited as the ‘‘Departments of such sums as may be necessary to carry out the tion except when it is made known to the Fed- Labor, Health and Human Services, and Edu- purpose of the program, as authorized by 38 eral entity or official to which funds are appro- cation, and Related Agencies Appropriations U.S.C. chapter 37, as amended: Provided, That priated under this Act that such procedure is Act, 1996’’. such costs, including the cost of modifying such necessary to save the life of the mother or that (e) Such amounts as may be necessary for pro- loans, shall be as defined in section 502 of the the pregnancy is the result of an act of rape or grams, projects or activities provided for in the Congressional Budget Act of 1974, as amended. incest. Departments of Veterans Affairs and Housing In addition, for administrative expenses to SEC. 509. Notwithstanding any other provision and Urban Development, and Independent carry out the direct and guaranteed loan proof law— Agencies Appropriations Act, 1996 at a rate of grams, $65,226,000, which may be transferred to (1) no amount may be transferred from an ap- and merged with the appropriation for ‘‘General propriation account for the Departments of operations and to the extent and in the manner provided as follows, to be effective as if it had operating expenses’’. Labor, Health and Human Services, and Edu- LOAN GUARANTY PROGRAM ACCOUNT cation except as authorized in this or any subse- been enacted into law as the regular appropria- (INCLUDING TRANSFER OF FUNDS) quent appropriation act, or in the Act estab- tions Act: lishing the program or activity for which funds AN ACT For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the are contained in this Act; Making appropriations for the Departments of purpose of the program, as authorized by 38 (2) no department, agency, or other entity, Veterans Affairs and Housing and Urban Devel- U.S.C. chapter 37, as amended: Provided, That other than the one responsible for administering opment, and for sundry independent agencies, such costs, including the cost of modifying such the program or activity for which an appropria- boards, commissions, corporations, and offices loans, shall be as defined in section 502 of the tion is made in this Act, may exercise authority for the fiscal year ending September 30, 1996, Congressional Budget Act of 1974, as amended. for the timing of the obligation and expenditure and for other purposes. of such appropriation, or for the purposes for In addition, for administrative expenses to which it is obligated and expended, except to TITLE I carry out the direct and guaranteed loan pro- the extent and in the manner otherwise pro- DEPARTMENT OF VETERANS AFFAIRS grams, $52,138,000, which may be transferred to vided in sections 1512 and 1513 of title 31, United VETERANS BENEFITS ADMINISTRATION and merged with the appropriation for ‘‘General States Code; and operating expenses’’. COMPENSATION AND PENSIONS (3) no funds provided under this Act shall be DIRECT LOAN PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) available for the salary (or any part thereof) of (INCLUDING TRANSFER OF FUNDS) For the payment of compensation benefits to an employee who is reassigned on a temporary For the cost of direct loans, such sums as may or on behalf of veterans as authorized by law detail basis to another position in the employing be necessary to carry out the purpose of the pro- (38 U.S.C. 107, chapters 11, 13, 51, 53, 55, and agency or department or in any other agency or gram, as authorized by 38 U.S.C. chapter 37, as 61); pension benefits to or on behalf of veterans department, unless the detail is independently amended: Provided, That such costs, including as authorized by law (38 U.S.C. chapters 15, 51, approved by the head of the employing depart- the cost of modifying such loans, shall be as de- ment or agency. 53, 55, and 61; 92 Stat. 2508); and burial benefits, fined in section 502 of the Congressional Budget SEC. 510. LIMITATION ON USE OF FUNDS.— emergency and other officers’ retirement pay, Act of 1974, as amended: Provided further, That None of the funds made available in this Act adjusted-service credits and certificates, pay- during 1996, within the resources available, not may be used for the expenses of an electronic ment of premiums due on commercial life insur- to exceed $300,000 in gross obligations for direct benefit transfer (EBT) task force. ance policies guaranteed under the provisions of loans are authorized for specially adapted hous- SEC. 511. None of the funds made available in Article IV of the Soldiers’ and Sailors’ Civil Re- this Act may be used to enforce the requirements ing loans (38 U.S.C. chapter 37). lief Act of 1940, as amended, and for other bene- In addition, for administrative expenses to of section 428(b)(1)(U)(iii) of the Higher Edu- fits as authorized by law (38 U.S.C. 107, 1312, cation Act of 1965 with respect to any lender carry out the direct loan program, $459,000, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 which may be transferred to and merged with when it is made known to the Federal official U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. having authority to obligate or expend such the appropriation for ‘‘General operating ex- 735; 76 Stat. 1198); $18,331,561,000, to remain penses’’. funds that the lender has a loan portfolio under available until expended: Provided, That not to EDUCATION LOAN FUND PROGRAM ACCOUNT part B of title IV of such Act that is equal to or exceed $25,180,000 of the amount appropriated less than $5,000,000. shall be reimbursed to ‘‘General operating ex- (INCLUDING TRANSFER OF FUNDS) SEC. 512. None of the funds made available in penses’’ and ‘‘Medical care’’ for necessary ex- For the cost of direct loans, $1,000, as author- this Act may be used for Pell Grants under sub- penses in implementing those provisions authorized by 38 U.S.C. 3698, as amended: Provided, part 1 of part A of title IV of the Higher Edu- ized in the Omnibus Budget Reconciliation Act That such costs, including the cost of modifying cation Act of 1965 to students attending an in- of 1990, and in the Veterans’ Benefits Act of such loans, shall be as defined in section 502 of stitution of higher education that is ineligible to 1992 (38 U.S.C. chapters 51, 53, and 55), the the Congressional Budget Act of 1974, as amend- participate in a loan program under such title funding source for which is specifically provided ed: Provided further, That these funds are as a result of a default determination under sec- as the ‘‘Compensation and pensions’’ appropria- available to subsidize gross obligations for the tion 435(a)(2) of such Act, unless such institution: Provided further, That such sums as may principal amount of direct loans not to exceed tion has a participation rate index (as defined be earned on an actual qualifying patient basis, $4,000. at 34 CFR 668.17) that is less than or equal to shall be reimbursed to ‘‘Medical facilities revolv- In addition, for administrative expenses nec- 0.0375. essary to carry out the direct loan program, SEC. 513. No more than 1 percent of salaries ing fund’’ to augment the funding of individual $195,000, which may be transferred to and appropriated for each Agency in this Act may be medical facilities for nursing home care provided merged with the appropriation for ‘‘General op- expended by that Agency on cash performance to pensioners as authorized by the Veterans’ erating expenses’’. awards: Provided, That of the budgetary re- Benefits Act of 1992 (38 U.S.C. chapter 55): Pro- sources available to Agencies in this Act for sal- vided further, That $12,000,000 previously trans- VOCATIONAL REHABILITATION LOANS PROGRAM aries and expenses during fiscal year 1996, ferred from ‘‘Compensation and pensions’’ to ACCOUNT $30,500,000, to be allocated by the Office of Man- ‘‘Medical facilities revolving fund’’ shall be (INCLUDING TRANSFER OF FUNDS) agement and Budget, are permanently canceled: transferred to this heading. For the cost of direct loans, $54,000, as au- Provided further, That the foregoing proviso READJUSTMENT BENEFITS thorized by 38 U.S.C. chapter 31, as amended: shall not apply to the Food and Drug Adminis- For the payment of readjustment and rehabili- Provided, That such costs, including the cost of tration and the Indian Health Service. tation benefits to or on behalf of veterans as au- modifying such loans, shall be as defined in sec- SEC. 514. (a) HIGH COST TRAINING EXCEP- thorized by law (38 U.S.C. chapters 21, 30, 31, tion 502 of the Congressional Budget Act of 1974, TION.—Section 428H(d)(2) of the Higher Edu- 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000, as amended: Provided further, That these funds cation Act of 1965 (20 U.S.C. 1078–8(d)(2)) is to remain available until expended: Provided, are available to subsidize gross obligations for amended by striking out the period at the end That funds shall be available to pay any court the principal amount of direct loans not to ex- thereof and inserting in lieu thereof a semicolon order, court award or any compromise settle- ceed $1,964,000. and the following: ment arising from litigation involving the voca- In addition, for administrative expenses nec- ‘‘except in cases where the Secretary determines, tional training program authorized by section 18 essary to carry out the direct loan program, that a higher amount is warranted in order to of Public Law 98–77, as amended. $377,000, which may be transferred to and

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00179 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2520 CONGRESSIONAL RECORD — SENATE March 20, 1996 merged with the appropriation for ‘‘General op- the ‘‘General post fund’’, as authorized by Pub- which has not been considered and approved by erating expenses’’. lic Law 102–54, section 8. the Congress in the budgetary process: Provided NATIVE AMERICAN VETERAN HOUSING LOAN DEPARTMENTAL ADMINISTRATION further, That funds provided in this appropria- PROGRAM ACCOUNT tion for fiscal year 1996, for each approved GENERAL OPERATING EXPENSES project shall be obligated (1) by the awarding of (INCLUDING TRANSFER OF FUNDS) For necessary operating expenses of the De- a construction documents contract by September For administrative expenses to carry out the partment of Veterans Affairs, not otherwise pro- 30, 1996, and (2) by the awarding of a construc- direct loan program authorized by 38 U.S.C. vided for, including uniforms or allowances tion contract by September 30, 1997: Provided chapter 37, subchapter V, as amended, $205,000, therefor, as authorized by law; not to exceed further, That the Secretary shall promptly re- which may be transferred to and merged with $25,000 for official reception and representation port in writing to the Comptroller General and the appropriation for ‘‘General operating ex- expenses; hire of passenger motor vehicles; and to the Committees on Appropriations any ap- penses’’. reimbursement of the General Services Adminis- proved major construction project in which obli- VETERANS HEALTH ADMINISTRATION tration for security guard services, and the De- gations are not incurred within the time limita- partment of Defense for the cost of overseas em- MEDICAL CARE tions established above; and the Comptroller ployee mail; $848,143,000: Provided, That of the For necessary expenses for the maintenance General shall review the report in accordance amount appropriated and any other funds made and operation of hospitals, nursing homes, and with the procedures established by section 1015 available from any other source for activities domiciliary facilities; for furnishing, as author- of the Impoundment Control Act of 1974 (title X funded under this heading, except reimburse- ized by law, inpatient and outpatient care and of Public Law 93–344): Provided further, That ments, not to exceed $214,109,000 shall be avail- treatment to beneficiaries of the Department of no funds from any other account except the able for General Administration; including not Veterans Affairs, including care and treatment ‘‘Parking revolving fund’’, may be obligated for to exceed (1) $50,000 for travel in the Office of in facilities not under the jurisdiction of the De- constructing, altering, extending, or improving a the Secretary, (2) $75,000 for travel in the Office partment of Veterans Affairs, and furnishing project which was approved in the budget proc- of the Assistant Secretary for Policy and Plan- recreational facilities, supplies, and equipment; ess and funded in this account until one year ning, (3) $33,000 for travel in the Office of the funeral, burial, and other expenses incidental after substantial completion and beneficial oc- Assistant Secretary for Congressional Affairs, thereto for beneficiaries receiving care in De- cupancy by the Department of Veterans Affairs and (4) $100,000 for travel in the Office of Assist- partment of Veterans Affairs facilities; adminis- of the project or any part thereof with respect to ant Secretary for Public and Intergovernmental trative expenses in support of planning, design, that part only: Provided further, That of the Affairs: Provided further, That during fiscal project management, real property acquisition funds made available under this heading in year 1996, notwithstanding any other provision and disposition, construction and renovation of Public Law 103–327, $7,000,000 shall be trans- of law, the number of individuals employed by any facility under the jurisdiction or for the use ferred to the ‘‘Parking revolving fund’’. of the Department of Veterans Affairs; over- the Department of Veterans Affairs (1) in other CONSTRUCTION, MINOR PROJECTS sight, engineering and architectural activities than ‘‘career appointee’’ positions in the Senior For constructing, altering, extending, and im- not charged to project cost; repairing, altering, Executive Service shall not exceed 6, and (2) in proving any of the facilities under the jurisdic- improving or providing facilities in the several schedule C positions shall not exceed 11: Pro- tion or for the use of the Department of Vet- hospitals and homes under the jurisdiction of vided further, That not to exceed $6,000,000 of erans Affairs, including planning, architectural the Department of Veterans Affairs, not other- the amount appropriated shall be available for and engineering services, maintenance or guar- wise provided for, either by contract or by the administrative expenses to carry out the direct antee period services costs associated with hire of temporary employees and purchase of and guaranteed loan programs under the Loan equipment guarantees provided under the materials; uniforms or allowances therefor, as Guaranty Program Account: Provided further, project, services of claims analysts, offsite utility authorized by law (5 U.S.C. 5901–5902); aid to That funds under this heading shall be avail- and storm drainage system construction costs, State homes as authorized by law (38 U.S.C. able to administer the Service Members Occupa- and site acquisition, or for any of the purposes 1741); and not to exceed $8,000,000 to fund cost tional Conversion and Training Act: Provided set forth in sections 316, 2404, 2406, 8102, 8103, comparison studies as referred to in 38 U.S.C. further, That none of the funds under this 8106, 8108, 8109, 8110, and 8122 of title 38, United 8110(a)(5); $16,564,000,000, plus reimbursements: heading may be obligated or expended for the States Code, where the estimated cost of a Provided, That of the funds made available acquisition of automated data processing equip- project is less than $3,000,000, $190,000,000, to re- under this heading, $789,000,000 is for the equipment and services for Department of Veterans main available until expended, along with un- ment and land and structures object classifica- Affairs regional offices to support Stage III of obligated balances of previous ‘‘Construction, tions only, which amount shall not become the automated data equipment modernization minor projects’’ appropriations which are here- available for obligation until August 1, 1996, program of the Veterans Benefits Administra- by made available for any project where the es- and shall remain available for obligation until tion. timated cost is less than $3,000,000: Provided, September 30, 1997. NATIONAL CEMETERY SYSTEM That funds in this account shall be available for MEDICAL AND PROSTHETIC RESEARCH For necessary expenses for the maintenance (1) repairs to any of the nonmedical facilities and operation of the National Cemetery System For necessary expenses in carrying out pro- under the jurisdiction or for the use of the De- not otherwise provided for, including uniforms grams of medical and prosthetic research and partment of Veterans Affairs which are nec- or allowances therefor, as authorized by law; development as authorized by law (38 U.S.C. essary because of loss or damage caused by any cemeterial expenses as authorized by law; pur- chapter 73), to remain available until September natural disaster or catastrophe, and (2) tem- chase of three passenger motor vehicles, for use 30, 1997, $257,000,000, plus reimbursements. porary measures necessary to prevent or to mini- in cemeterial operations; and hire of passenger MEDICAL ADMINISTRATION AND MISCELLANEOUS mize further loss by such causes. OPERATING EXPENSES motor vehicles, $72,604,000. PARKING REVOLVING FUND For necessary expenses in the administration OFFICE OF INSPECTOR GENERAL For the parking revolving fund as authorized of the medical, hospital, nursing home, domi- For necessary expenses of the Office of In- by law (38 U.S.C. 8109), income from fees col- ciliary, construction, supply, and research ac- spector General in carrying out the provisions of lected, to remain available until expended. Re- tivities, as authorized by law; administrative ex- the Inspector General Act of 1978, as amended, sources of this fund shall be available for all expenses in support of planning, design, project $30,900,000. penses authorized by 38 U.S.C. 8109 except oper- management, architectural, engineering, real CONSTRUCTION, MAJOR PROJECTS ations and maintenance costs which will be property acquisition and disposition, construc- (INCLUDING TRANSFER OF FUNDS) funded from ‘‘Medical care’’. tion and renovation of any facility under the For constructing, altering, extending and im- GRANTS FOR CONSTRUCTION OF STATE EXTENDED jurisdiction or for the use of the Department of proving any of the facilities under the jurisdic- CARE FACILITIES Veterans Affairs, including site acquisition; en- tion or for the use of the Department of Vet- For grants to assist the several States to ac- gineering and architectural activities not erans Affairs, or for any of the purposes set charged to project cost; and research and devel- quire or construct State nursing home and domi- forth in sections 316, 2404, 2406, 8102, 8103, 8106, ciliary facilities and to remodel, modify or alter opment in building construction technology; 8108, 8109, 8110, and 8122 of title 38, United $63,602,000, plus reimbursements. existing hospital, nursing home and domiciliary States Code, including planning, architectural facilities in State homes, for furnishing care to TRANSITIONAL HOUSING LOAN PROGRAM and engineering services, maintenance or guar- veterans as authorized by law (38 U.S.C. 8131– (INCLUDING TRANSFER OF FUNDS) antee period services costs associated with 8137), $47,397,000, to remain available until ex- For the cost of direct loans, $7,000, as author- equipment guarantees provided under the pended. ized by Public Law 102–54, section 8, which project, services of claims analysts, offsite utility GRANTS FOR THE CONSTRUCTION OF STATE shall be transferred from the ‘‘General post and storm drainage system construction costs, VETERANS CEMETERIES fund’’: Provided, That such costs, including the and site acquisition, where the estimated cost of For grants to aid States in establishing, ex- cost of modifying such loans, shall be as defined a project is $3,000,000 or more or where funds for panding, or improving State veteran cemeteries in section 502 of the Congressional Budget Act a project were made available in a previous as authorized by law (38 U.S.C. 2408), $1,000,000, of 1974, as amended: Provided further, That major project appropriation, $136,155,000, to re- to remain available until September 30, 1998. these funds are available to subsidize gross obli- main available until expended: Provided, That gations for the principal amount of direct loans except for advance planning of projects funded ADMINISTRATIVE PROVISIONS not to exceed $70,000. In addition, for adminis- through the advance planning fund and the de- (INCLUDING TRANSFER OF FUNDS) trative expenses to carry out the direct loan pro- sign of projects funded through the design fund, SEC. 101. Any appropriation for 1996 for gram, $54,000, which shall be transferred from none of these funds shall be used for any project ‘‘Compensation and pensions’’, ‘‘Readjustment

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00180 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2521 benefits’’, and ‘‘Veterans insurance and indem- and technical assistance, directly or indirectly, Reduction Act of 1992: Provided further, That nities’’ may be transferred to any other of the under grants, contracts, or cooperative agree- the Secretary may make up to $5,000,000 of any mentioned appropriations. ments, to assist in the oversight and manage- amount recaptured in this account available for SEC. 102. Appropriations available to the De- ment of public and Indian housing (whether or the development of performance and financial partment of Veterans Affairs for 1996 for sala- not the housing is being modernized with assist- systems. ries and expenses shall be available for services ance under this proviso) or tenant-based assist- Of the total amount provided under this head, as authorized by 5 U.S.C. 3109. ance, including, but not limited to, an annual $624,000,000, plus amounts recaptured from in- SEC. 103. No part of the appropriations in this resident survey, data collection and analysis, Act for the Department of Veterans Affairs (ex- training and technical assistance by or to offi- terest reduction payment contracts for section cept the appropriations for ‘‘Construction, cials and employees of the Department and of 236 projects whose owners prepay their mort- major projects’’, ‘‘Construction, minor projects’’, public housing agencies and to residents in con- gages during fiscal year 1996 (which amounts and the ‘‘Parking revolving fund’’) shall be nection with the public and Indian housing pro- shall be transferred and merged with this ac- available for the purchase of any site for or to- gram, or for carrying out activities under sec- count), shall be for use in conjunction with ward the construction of any new hospital or tion 6(j) of the Act: Provided further, That of properties that are eligible for assistance under home. the total amount provided under this head, the Low Income Housing Preservation and Resi- SEC. 104. No part of the foregoing appropria- $400,000,000 shall be for rental subsidy contracts dent Homeownership Act of 1990 (LIHPRHA) or tions shall be available for hospitalization or ex- under the section 8 existing housing certificate the Emergency Low-Income Housing Preserva- amination of any persons except beneficiaries program and the housing voucher program tion Act of 1987 (ELIHPA): Provided, That prior entitled under the laws bestowing such benefits under section 8 of the Act, except that such to August 15, 1996, funding to carry out plans of to veterans, unless reimbursement of cost is amounts shall be used only for units necessary action shall be limited to sales of projects to made to the appropriation at such rates as may to provide housing assistance for residents to be non-profit organizations, tenant-sponsored or- be fixed by the Secretary of Veterans Affairs. relocated from existing federally subsidized or ganizations, and other priority purchasers: Pro- SEC. 105. Appropriations available to the De- assisted housing, for replacement housing for vided further, That of the amount made avail- partment of Veterans Affairs for fiscal year 1996 units demolished or disposed of (including units able by this paragraph, up to $10,000,000 shall for ‘‘Compensation and pensions’’, ‘‘Readjust- to be disposed of pursuant to a homeownership be available for preservation technical assist- ment benefits’’, and ‘‘Veterans insurance and program under section 5(h) or title III of the indemnities’’ shall be available for payment of ance grants pursuant to section 253 of the Hous- United States Housing Act of 1937) from the ing and Community Development Act of 1987, as prior year accrued obligations required to be republic housing inventory, for funds related to corded by law against the corresponding prior amended: Provided further, That with respect to litigation settlements, for the conversion of sec- amounts made available by this paragraph, year accounts within the last quarter of fiscal tion 23 projects to assistance under section 8, for year 1995. after August 15, 1996, if the Secretary deter- public housing agencies to implement allocation mines that the demand for funding may exceed SEC. 106. Appropriations accounts available to plans approved by the Secretary for designated amounts available for such funding, the Sec- the Department of Veterans Affairs for fiscal housing, for funds to carry out the family unifi- retary (1) may determine priorities for distrib- year 1996 shall be available to pay prior year ob- cation program, and for the relocation of wit- uting available funds, including giving priority ligations of corresponding prior year appropria- nesses in connection with efforts to combat tions accounts resulting from title X of the Com- crime in public and assisted housing pursuant funding to tenants displaced due to mortgage petitive Equality Banking Act, Public Law 100– to a request from a law enforcement or prosecu- prepayment and to projects that have not yet 86, except that if such obligations are from trust tion agency: Provided further, That of the total been funded but which have approved plans of fund accounts they shall be payable from ‘‘Com- amount provided under this head, $4,350,862,000 action; and (2) may impose a temporary morato- pensation and pensions’’. shall be for assistance under the United States rium on applications by potential recipients of SEC. 108. Notwithstanding any other provision Housing Act of 1937 (42 U.S.C. 1437) for use in such funding: Provided further, That an owner of law, the Secretary of Veterans Affairs is au- connection with expiring or terminating section of eligible low-income housing may prepay the thorized to transfer, without compensation or 8 subsidy contracts, such amounts shall be mortgage or request voluntary termination of a reimbursement, the jurisdiction and control of a merged with all remaining obligated and unobli- mortgage insurance contract, so long as said parcel of land consisting of approximately 6.3 gated balances heretofore appropriated under owner agrees not to raise rents for sixty days acres, located on the south edge of the Depart- the heading ‘‘Renewal of expiring section 8 sub- after such prepayment: Provided further, That ment of Veterans Affairs Medical and Regional sidy contracts’’: Provided further, That not- an owner of eligible low-income housing who Office Center, Wichita, Kansas, including build- withstanding any other provision of law, assist- has not timely filed a second notice under sec- ings Nos. 8 and 30 and other improvements ance reserved under the two preceding provisos tion 216(d) prior to the effective date of this Act thereon, to the Secretary of Transportation for may be used in connection with any provision of may file such notice by April 15, 1996: Provided the purpose of expanding and modernizing Federal law enacted in this Act or after the en- further, That such developments have been de- United States Highway 54: Provided, That if actment of this Act that authorizes the use of termined to have preservation equity at least necessary, the exact acreage and legal descrip- rental assistance amounts in connection with equal to the lesser of $5,000 per unit or $500,000 tion of the real property transferred shall be de- such terminated or expired contracts: Provided termined by a survey satisfactory to the Sec- per project or the equivalent of eight times the further, That the Secretary may determine not most recently published fair market rent for the retary of Veterans Affairs and the Secretary of to apply section 8(o)(6)(B) of the Act to housing Transportation shall bear the cost of such sur- area in which the project is located as the ap- vouchers during fiscal year 1996: Provided fur- propriate unit size for all of the units in the eli- vey: Provided further, That the Secretary of ther, That of the total amount provided under Transportation shall be responsible for all costs gible project: Provided further, That the Sec- this head, $610,575,000 shall be for amendments retary may modify the regulatory agreement to associated with the transferred land and im- to section 8 contracts other than contracts for provements thereon, and compliance with all ex- permit owners and priority purchasers to retain projects developed under section 202 of the rental income in excess of the basic rental isting statutes and regulations: Provided fur- Housing Act of 1959, as amended; and charge in projects assisted under section 236 of ther, That the Secretary of Veterans Affairs and $209,000,000 shall be for section 8 assistance and the National Housing Act, for the purpose of the Secretary of Transportation may require rehabilitation grants for property disposition: preserving the low and moderate income char- such additional terms and conditions as each Provided further, That 50 per centum of the acter of the housing: Provided further, That the Secretary considers appropriate to effectuate amounts of budget authority, or in lieu thereof Secretary may give priority to funding and proc- this transfer of land. 50 per centum of the cash amounts associated TITLE II with such budget authority, that are recaptured essing the following projects provided that the DEPARTMENT OF HOUSING AND URBAN from projects described in section 1012(a) of the funding is obligated not later than September DEVELOPMENT Stewart B. McKinney Homeless Assistance 15, 1996: (1) projects with approved plans of ac- HOUSING PROGRAMS Amendments Act of 1988 (Public Law 100–628, tion to retain the housing that file a modified ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING 102 Stat. 3224, 3268) shall be rescinded, or in the plan of action no later than August 15, 1996 to For assistance under the United States Hous- case of cash, shall be remitted to the Treasury, transfer the housing; (2) projects with approved ing Act of 1937, as amended (‘‘the Act’’ herein) and such amounts of budget authority or cash plans of action that are subject to a repayment (42 U.S.C. 1437), not otherwise provided for, recaptured and not rescinded or remitted to the or settlement agreement that was executed be- $10,103,795,000, to remain available until ex- Treasury shall be used by State housing finance tween the owner and the Secretary prior to Sep- pended: Provided, That of the total amount pro- agencies or local governments or local housing tember 1, 1995; (3) projects for which submissions vided under this head, $160,000,000 shall be for agencies with projects approved by the Sec- were delayed as a result of their location in the development or acquisition cost of public retary of Housing and Urban Development for areas that were designated as a Federal disaster housing for Indian families, including amounts which settlement occurred after January 1, 1992, area in a Presidential Disaster Declaration; and for housing under the mutual help homeowner- in accordance with such section: Provided fur- (4) projects whose processing was, in fact or in ship opportunity program under section 202 of ther, That of the total amount provided under practical effect, suspended, deferred, or inter- the Act (42 U.S.C. 1437bb): Provided further, this head, $171,000,000 shall be for housing op- rupted for a period of twelve months or more be- That of the total amount provided under this portunities for persons with AIDS under title cause of differing interpretations, by the Sec- head, $2,500,000,000 shall be for modernization VIII, subtitle D of the Cranston-Gonzalez Na- retary and an owner or by the Secretary and a of existing public housing projects pursuant to tional Affordable Housing Act; and $65,000,000 State or local rent regulatory agency, con- section 14 of the Act (42 U.S.C. 1437l), including shall be for the lead-based paint hazard reduc- cerning the timing of filing eligibility or the ef- up to $20,000,000 for the inspection of public tion program as authorized under sections 1011 fect of a presumptively applicable State or local housing units, contract expertise, and training and 1053 of the Residential Lead-Based Hazard rent

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00181 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2522 CONGRESSIONAL RECORD — SENATE March 20, 1996 control law or regulation on the determination tion 811 of the Cranston-Gonzalez National Af- thorized under such section, to the fund author- of preservation value under section 213 of fordable Housing Act: Provided, That the Sec- ized under section 201(j) of the Housing and LIHPRHA, as amended, if the owner of such retary may designate up to 25 percent of the Community Development Amendments of 1978, project filed notice of intent to extend the low- amounts earmarked under this paragraph for as amended. income affordability restrictions of the housing, section 811 of the Cranston-Gonzalez National RENTAL HOUSING ASSISTANCE or transfer to a qualified purchaser who would Affordable Housing Act for tenant-based assist- (RESCISSION) extend such restrictions, on or before November ance, as authorized under that section, which 1, 1993: Provided further, That eligible low-in- assistance is five-years in duration: Provided The limitation otherwise applicable to the come housing shall include properties meeting further, That the Secretary may waive any pro- maximum payments that may be required in any the requirements of this paragraph with mort- vision of section 202 of the Housing Act of 1959 fiscal year by all contracts entered into under gages that are held by a State agency as a result and section 811 of the National Affordable section 236 of the National Housing Act (12 of a sale by the Secretary without insurance, Housing Act (including the provisions governing U.S.C. 1715z–1) is reduced in fiscal year 1996 by which immediately before the sale would have the terms and conditions of project rental assist- not more than $2,000,000 in uncommitted bal- been eligible low-income housing under ance) that the Secretary determines is not nec- ances of authorizations provided for this pur- LIHPRHA: Provided further, That notwith- essary to achieve the objectives of these propose in appropriations Acts: Provided, That up standing any other provision of law, subject to grams, or that otherwise impedes the ability to to $163,000,000 of recaptured section 236 budget the availability of appropriated funds, each un- develop, operate or administer projects assisted authority resulting from the prepayment of assisted low-income family residing in the hous- under these programs, and may make provision mortgages subsidized under section 236 of the ing on the date of prepayment or voluntary ter- for alternative conditions or terms where appro- National Housing Act (12 U.S.C. 1715z–1) shall mination, and whose rent, as a result of a rent priate. be rescinded in fiscal year 1996. increase occurring no later than one year after PUBLIC HOUSING DEMOLITION, SITE REVITALIZA- PAYMENTS FOR OPERATION OF LOW-INCOME the date of the prepayment, exceeds 30 percent TION, AND REPLACEMENT HOUSING GRANTS HOUSING PROJECTS of adjusted income, shall be offered tenant- For grants to public housing agencies for the For payments to public housing agencies and based assistance in accordance with section 8 or purposes of enabling the demolition of obsolete Indian housing authorities for operating sub- any successor program, under which the family public housing projects or portions thereof, the sidies for low-income housing projects as au- shall pay no less for rent than it paid on such revitalization (where appropriate) of sites (in- thorized by section 9 of the United States Hous- date: Provided further, That any family receiv- cluding remaining public housing units) on ing Act of 1937, as amended (42 U.S.C. 1437g), ing tenant-based assistance under the preceding which such projects are located, replacement $2,800,000,000. proviso may elect (1) to remain in the unit of the housing which will avoid or lessen concentra- housing and if the rent exceeds the fair market DRUG ELIMINATION GRANTS FOR LOW-INCOME tions of very low-income families, and tenant- HOUSING rent or payment standard, as applicable, the based assistance in accordance with section 8 of For grants to public and Indian housing rent shall be deemed to be the applicable stand- the United States Housing Act of 1937 for the ard, so long as the administering public housing agencies for use in eliminating crime in public purpose of providing replacement housing and agency finds that the rent is reasonable in com- housing projects authorized by 42 U.S.C. 11901– assisting tenants to be displaced by the demoli- parison with rents charged for comparable un- 11908, for grants for federally assisted low-in- tion, $380,000,000, to remain available until ex- assisted housing units in the market or (2) to come housing authorized by 42 U.S.C. 11909, and pended: Provided, That the Secretary of Hous- move from the housing and the rent will be sub- for drug information clearinghouse services au- ing and Urban Development shall award such ject to the fair market rent of the payment thorized by 42 U.S.C. 11921–11925, $290,000,000, funds to public housing agencies based upon, standard, as applicable, under existing program to remain available until expended, of which among other relevant criteria, the local and na- rules and procedures: Provided further, That $10,000,000 shall be for grants, technical assist- tional impact of the proposed demolition and re- rents and rent increases for tenants of projects ance, contracts and other assistance training, vitalization activities and the extent to which for which plans of action are funded under sec- program assessment, and execution for or on be- the public housing agency could undertake such tion 220(d)(3)(B) of LIHPRHA shall be governed half of public housing agencies and resident or- activities without the additional assistance to be in accordance with the requirements of the pro- ganizations (including the cost of necessary provided hereunder: Provided further, That eli- gram under which the first mortgage is insured travel for participants in such training) and of gible expenditures hereunder shall be those ex- or made (sections 236 or 221(d)(3) BMIR, as ap- which $2,500,000 shall be used in connection penditures eligible under section 8 and section propriate): Provided further, That the imme- with efforts to combat violent crime in public 14 of the United States Housing Act of 1937 (42 diately foregoing proviso shall apply hereafter and assisted housing under the Operation Safe U.S.C. 1437f and l): Provided further, That the to projects for which plans of action are to be Home program administered by the Inspector Secretary may impose such conditions and re- funded under such section 220(d)(3)(B), and General of the Department of Housing and quirements as the Secretary deems appropriate shall apply to any project that has been funded Urban Development: Provided, That the term to effectuate the purposes of this paragraph: under such section starting one year after the ‘‘drug-related crime’’, as defined in 42 U.S.C. Provided further, That the Secretary may re- date that such project was funded: Provided 11905(2), shall also include other types of crime quire an agency selected to receive funding to further, That up to $10,000,000 of the amount as determined by the Secretary: Provided fur- make arrangements satisfactory to the Secretary made available by this paragraph may be used ther, That notwithstanding section 5130(c) of for use of an entity other than the agency to at the discretion of the Secretary to reimburse the Anti-Drug Abuse Act of 1988 (42 U.S.C. carry out this program where the Secretary de- owners of eligible properties for which plans of 11909(c)), the Secretary may determine not to termines that such action will help to effectuate action were submitted prior to the effective date use any such funds to provide public housing the purpose of this paragraph: Provided further, of this Act, but were not executed for lack of youth sports grants: Provided further, That an That in the event an agency selected to receive available funds, with such reimbursement avail- additional $30,000,000, to be derived by transfer funding does not proceed expeditiously as deter- able only for documented costs directly applica- from unobligated balances from the Homeowner- mined by the Secretary, the Secretary shall ble to the preparation of the plan of action as ship and Opportunity for People Everywhere withdraw any funding made available pursuant determined by the Secretary, and shall be made Grants (HOPE Grants) account, shall be avail- to this paragraph that has not been obligated by available on terms and conditions to be estab- able for use for grants for federally-assisted low- the agency and distribute such funds to one or lished by the Secretary: Provided further, That, income housing, in addition to any other more other eligible agencies, or to other entities notwithstanding any other provision of law, ef- amount made available for this purpose under capable of proceeding expeditiously in the same fective October 1, 1996, the Secretary shall sus- this heading, without regard to any percentage locality with the original program: Provided fur- pend further processing of preservation applica- limitation otherwise applicable. ther, That of the foregoing $380,000,000, the Sec- tions which do not have approved plans of ac- HOME INVESTMENT PARTNERSHIPS PROGRAM tion. retary may use up to .67 per centum for tech- Of the total amount provided under this head, nical assistance, to be provided directly or indi- For the HOME investment partnerships pro- $780,190,000 shall be for capital advances, in- rectly by grants, contracts or cooperative agree- gram, as authorized under title II of the Cran- cluding amendments to capital advance con- ments, including training and cost of necessary ston-Gonzalez National Affordable Housing Act tracts, for housing for the elderly, as authorized travel for participants in such training, by or to (Public Law 101–625), as amended, by section 202 of the Housing Act of 1959, as officials and employees of the Department and $1,400,000,000, to remain available until ex- amended, and for project rental assistance, and of public housing agencies and to residents: Pro- pended. amendments to contracts for project rental as- vided further, That any replacement housing INDIAN HOUSING LOAN GUARANTEE FUND sistance, for supportive housing for the elderly provided with assistance under this head shall PROGRAM ACCOUNT under section 202(c)(2) of the Housing Act of be subject to section 18(f) of the United States For the cost of guaranteed loans, $3,000,000, 1959; and $233,168,000 shall be for capital ad- Housing Act of 1937, as amended by section as authorized by section 184 of the Housing and vances, including amendments to capital ad- 201(b)(2) of this Act. Community Development Act of 1992 (106 Stat. vance contracts, for supportive housing for per- FLEXIBLE SUBSIDY FUND 3739): Provided, That such costs, including the sons with disabilities, as authorized by section (INCLUDING TRANSFER OF FUNDS) costs of modifying such loans, shall be as de- 811 of the Cranston-Gonzalez National Afford- From the fund established by section 236(g) of fined in section 502 of the Congressional Budget able Housing Act; and for project rental assist- the National Housing Act, as amended, all un- Act of 1974, as amended: Provided further, That ance, and amendments to contracts for project committed balances of excess rental charges as these funds are available to subsidize total loan rental assistance, for supportive housing for of September 30, 1995, and any collections dur- principal, any part of which is to be guaran- persons with disabilities as authorized by sec- ing fiscal year 1996 shall be transferred, as au- teed, not to exceed $36,900,000.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00182 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2523

HOMELESS ASSISTANCE care: Provided further, That the Secretary shall POLICY DEVELOPMENT AND RESEARCH HOMELESS ASSISTANCE GRANTS require applicants to demonstrate firm commit- RESEARCH AND TECHNOLOGY For the emergency shelter grants program (as ments of funding or services from other sources: For contracts, grants, and necessary expenses authorized under subtitle B of title IV of the Provided further, That the Secretary shall select of programs of research and studies relating to Stewart B. McKinney Homeless Assistance Act public and Indian housing agencies to receive housing and urban problems, not otherwise pro- (Public Law 100–77), as amended); the sup- assistance under this head on a competitive vided for, as authorized by title V of the Hous- portive housing program (as authorized under basis, taking into account the quality of the ing and Urban Development Act of 1970, as subtitle C of title IV of such Act); the section 8 proposed program (including any innovative ap- amended (12 U.S.C. 1701z–1 et seq.), including moderate rehabilitation single room occupancy proaches), the extent of the proposed coordina- carrying out the functions of the Secretary program (as authorized under the United States tion of supportive services, the extent of commit- under section 1(a)(1)(i) of Reorganization Plan Housing Act of 1937, as amended) to assist ments of funding or services from other sources, No. 2 of 1968, $34,000,000, to remain available homeless individuals pursuant to section 441 of the extent to which the proposed program in- until September 30, 1997. cludes reasonably achievable, quantifiable goals the Stewart B. McKinney Homeless Assistance FAIR HOUSING AND EQUAL OPPORTUNITY for measuring performance under the program Act; and the shelter plus care program (as au- FAIR HOUSING ACTIVITIES thorized under subtitle F of title IV of such over a three-year period, the extent of success an agency has had in carrying out other com- For contracts, grants, and other assistance, Act), $823,000,000, to remain available until ex- not otherwise provided for, as authorized by pended. parable initiatives, and other appropriate criteria established by the Secretary. title VIII of the Civil Rights Act of 1968, as COMMUNITY PLANNING AND DEVELOPMENT Of the amount made available under this amended by the Fair Housing Amendments Act COMMUNITY DEVELOPMENT GRANTS heading, notwithstanding any other provision of 1988, and for contracts with qualified fair (INCLUDING TRANSFER OF FUNDS) of law, $12,000,000 shall be available for con- housing enforcement organizations, as authorized by section 561 of the Housing and Commu- For grants to States and units of general local tracts, grants, and other assistance, other than nity Development Act of 1987, as amended by government and for related expenses, not other- loans, not otherwise provided for, for providing the Housing and Community Development Act wise provided for, necessary for carrying out a counseling and advice to tenants and home- of 1992, $30,000,000, to remain available until community development grants program as au- owners both current and prospective, with re- September 30, 1997. thorized by title I of the Housing and Commu- spect to property maintenance, financial man- nity Development Act of 1974, as amended (42 agement, and such other matters as may be ap- MANAGEMENT AND ADMINISTRATION U.S.C. 5301), $4,600,000,000, to remain available propriate to assist them in improving their hous- SALARIES AND EXPENSES ing conditions and meeting the responsibilities until September 30, 1998: Provided, That (INCLUDING TRANSFERS OF FUNDS) of tenancy or homeownership, including provi- $50,000,000 shall be available for grants to In- For necessary administrative and nonadminis- dian tribes pursuant to section 106(a)(1) of the sions for training and for support of voluntary agencies and services as authorized by section trative expenses of the Department of Housing Housing and Community Development Act of and Urban Development, not otherwise provided 1974, as amended (42 U.S.C. 5301), $2,000,000 106 of the Housing and Urban Development Act of 1968, as amended, notwithstanding section for, including not to exceed $7,000 for official re- shall be available as a grant to the Housing As- ception and representation expenses, sistance Council, $1,000,000 shall be available as 106(c)(9) and section 106(d)(13) of such Act. Of the amount made available under this $962,558,000, of which $532,782,000 shall be pro- a grant to the National American Indian Hous- heading, notwithstanding any other provision vided from the various funds of the Federal ing Council, and $27,000,000 shall be available of law, $15,000,000 shall be available for the ten- Housing Administration, and $9,101,000 shall be for ‘‘special purpose grants’’ pursuant to section ant opportunity program. provided from funds of the Government National 107 of such Act: Provided further, That not to Of the amount made available under this Mortgage Association, and $675,000 shall be pro- exceed 20 per centum of any grant made with heading, notwithstanding any other provision vided from the Community Development Grants funds appropriated herein (other than a grant of law, $20,000,000 shall be available for Program account. made available under the preceding proviso to youthbuild program activities authorized by OFFICE OF INSPECTOR GENERAL the Housing Assistance Council or the National subtitle D of title IV of the Cranston-Gonzalez (INCLUDING TRANSFER OF FUNDS) American Indian Housing Council, or a grant National Affordable Housing Act, as amended, using funds under section 107(b)(3) of the Hous- For necessary expenses of the Office of In- and such activities shall be an eligible activity spector General in carrying out the provisions of ing and Community Development Act of 1974) with respect to any funds made available under shall be expended for ‘‘Planning and Manage- the Inspector General Act of 1978, as amended, this heading. $47,850,000, of which $11,283,000 shall be trans- ment Development’’ and ‘‘Administration’’ as Of the amount otherwise made available defined in regulations promulgated by the De- ferred from the various funds of the Federal under this heading in this Act, notwithstanding Housing Administration. partment of Housing and Urban Development: any other provision of law, $80,000,000 shall be OFFICE OF FEDERAL HOUSING ENTERPRISE Provided further, That section 105(a)(25) of such available for Economic Development Initiative OVERSIGHT Act, as added by section 907(b)(1) of the Cran- grants as authorized by section 232 of the Multi- ston-Gonzalez National Affordable Housing Act, family Housing Property Disposition Reform Act SALARIES AND EXPENSES shall continue to be effective after September 30, of 1994, Public Law 103–233, on a competitive (INCLUDING TRANSFER OF FUNDS) 1995, notwithstanding section 907(b)(2) of such basis as required by section 102 of the HUD Re- For carrying out the Federal Housing Enter- Act: Provided further, That section 916 of the form Act. prise Financial Safety and Soundness Act of Cranston-Gonzalez National Affordable Housing Of the amount made available under this 1992, $14,895,000, to remain available until ex- Act shall apply with respect to fiscal year 1996, heading, notwithstanding any other provision pended, from the Federal Housing Enterprise notwithstanding section 916(f) of that Act. of law, $13,000,000 shall be for a grant to Water- Oversight Fund: Provided, That such amounts Of the amount provided under this heading, town, South Dakota for the construction of shall be collected by the Director as authorized the Secretary of Housing and Urban Develop- wastewater treatment facilities. by section 1316 (a) and (b) of such Act, and de- ment may use up to $53,000,000 for grants to For the cost of guaranteed loans, $31,750,000, posited in the Fund under section 1316(f) of public housing agencies (including Indian hous- as authorized by section 108 of the Housing and such Act. ing authorities), nonprofit corporations, and Community Development Act of 1974: Provided, FEDERAL HOUSING ADMINISTRATION other appropriate entities for a supportive serv- That such costs, including the cost of modifying ices program to assist residents of public and as- such loans, shall be as defined in section 502 of FHA—MUTUAL MORTGAGE INSURANCE PROGRAM sisted housing, former residents of such housing the Congressional Budget Act of 1974, as amend- ACCOUNT receiving tenant-based assistance under section ed: Provided further, That these funds are (INCLUDING TRANSFERS OF FUNDS) 8 of such Act (42 U.S.C. 1437f), and other low- available to subsidize total loan principal, any During fiscal year 1996, commitments to guar- income families and individuals to become self- part of which is to be guaranteed, not to exceed antee loans to carry out the purposes of section sufficient: Provided, That the program shall $1,500,000,000: Provided further, That the Sec- 203(b) of the National Housing Act, as amended, provide supportive services, principally for the retary of Housing and Urban Development may shall not exceed a loan principal of benefit of public housing residents, to the elder- make guarantees not to exceed the immediately $110,000,000,000: Provided, That during fiscal ly and the disabled, and to families with chil- foregoing amount notwithstanding the aggre- year 1996, the Secretary shall sell assigned mort- dren where the head of the household would gate limitation on guarantees set forth in sec- gage notes having an unpaid principal balance benefit from the receipt of supportive services tion 108(k) of the Housing and Community De- of up to $4,000,000,000, which notes were origi- and is working, seeking work, or is preparing velopment Act of 1974. In addition, for adminis- nally insured under section 203(b) of the Na- for work by participating in job training or edu- trative expenses to carry out the guaranteed tional Housing Act: Provided further, That the cational programs: Provided further, That the loan program, $675,000 which shall be trans- Secretary may use any negative subsidy supportive services shall include congregate ferred to and merged with the appropriation for amounts from the sale of such assigned mort- services for the elderly and disabled, service co- departmental salaries and expenses. gage notes during fiscal year 1996 for the dis- ordinators, and coordinated educational, train- The amount made available for fiscal year position of properties or notes under this heading, and other supportive services, including 1995 for a special purpose grant for the renova- ing. academic skills training, job search assistance, tion of the central terminal in Buffalo, New During fiscal year 1996, obligations to make assistance related to retaining employment, vo- York, shall be made available for the central direct loans to carry out the purposes of section cational and entrepreneurship development and terminal and for other public facilities in Buf- 204(g) of the National Housing Act, as amended, support programs, transportation, and child falo, New York. shall not exceed $200,000,000: Provided, That the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00183 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2524 CONGRESSIONAL RECORD — SENATE March 20, 1996 foregoing amount shall be for loans to nonprofit amended (12 U.S.C. 1721(g)), shall not exceed funds would otherwise be subject to section 6(d) and governmental entities in connection with $110,000,000,000. of the Housing Act of 1937. sales of single family real properties owned by For administrative expenses necessary to ‘‘(4) If an entity that owns or operates a the Secretary and formerly insured under sec- carry out the guaranteed mortgage-backed secu- mixed-income project under this subsection en- tion 203 of such Act. rities program, $9,101,000, to be derived from the ters into a contract with a public housing agen- For administrative expenses necessary to GNMA—guarantees of mortgage-backed securi- cy, the terms of which obligate the entity to op- carry out the guaranteed and direct loan pro- ties guaranteed loan receipt account, of which erate and maintain a specified number of units gram, $341,595,000, to be derived from the FHA- not to exceed $9,101,000 shall be transferred to in the project as public housing units in accord- mutual mortgage insurance guaranteed loans the appropriation for departmental salaries and ance with the requirements of this Act for the receipt account, of which not to exceed expenses. period required by law, such contractual terms $334,483,000 shall be transferred to the appro- ADMINISTRATIVE PROVISIONS may provide that, if, as a result of a reduction priation for departmental salaries and expenses; (INCLUDING TRANSFER OF FUNDS) in appropriations under section 9, or any other and of which not to exceed $7,112,000 shall be change in applicable law, the public housing EXTEND ADMINISTRATIVE PROVISIONS FROM THE transferred to the appropriation for the Office agency is unable to fulfill its contractual obliga- RESCISSION ACT of Inspector General. tions with respect to those public housing units, SEC. 201. (a) PUBLIC AND INDIAN HOUSING that entity may deviate, under procedures and FHA—GENERAL AND SPECIAL RISK PROGRAM MODERNIZATION.— requirements developed through regulations by ACCOUNT (1) EXPANSION OF USE OF MODERNIZATION the Secretary, from otherwise applicable restric- (INCLUDING TRANSFERS OF FUNDS) FUNDING.—Subsection 14(q) of the United States tions under this Act regarding rents, income eli- For the cost of guaranteed loans, as author- Housing Act of 1937 is amended to read as fol- gibility, and other areas of public housing man- ized by sections 238 and 519 of the National lows: agement with respect to a portion or all of those Housing Act (12 U.S.C. 1715z–3 and 1735c), in- ‘‘(q)(1) In addition to the purposes enumer- public housing units, to the extent necessary to cluding the cost of modifying such loans, ated in subsections (a) and (b), a public housing preserve the viability of those units while main- $85,000,000, to remain available until expended: agency may use modernization assistance pro- taining the low-income character of the units, to Provided, That such costs shall be as defined in vided under section 14, and development assist- the maximum extent practicable.’’. section 502 of the Congressional Budget Act of ance provided under section 5(a) that was not 1974, as amended: Provided further, That these allocated, as determined by the Secretary, for (2) APPLICABILITY.—Section 14(q) of the funds are available to subsidize total loan prin- priority replacement housing, for any eligible United States Housing Act of 1937, as amended cipal any part of which is to be guaranteed of activity authorized by this section, by section 5, by subsection (a) of this section, shall be effec- not to exceed $17,400,000,000: Provided further, or by applicable Appropriations Acts for a pub- tive only with respect to assistance provided That during fiscal year 1996, the Secretary shall lic housing agency, including the demolition, re- from funds made available for fiscal year 1996 or sell assigned notes having an unpaid principal habilitation, revitalization, and replacement of any preceding fiscal year. balance of up to $4,000,000,000, which notes were existing units and projects and, for up to 10 per- (3) APPLICABILITY TO IHAS.—In accordance originally obligations of the funds established cent of its allocation of such funds in any fiscal with section 201(b)(2) of the United States Hous- under sections 238 and 519 of the National Hous- year, for any operating subsidy purpose author- ing Act of 1937, the amendment made by this ing Act: Provided further, That the Secretary ized in section 9. Except for assistance used for subsection shall apply to public housing devel- may use any negative subsidy amounts from the operating subsidy purposes under the preceding oped or operated pursuant to a contract between sale of such assigned mortgage notes during fis- sentence, assistance provided to a public hous- the Secretary of Housing and Urban Develop- cal year 1996, in addition to amounts otherwise ing agency under this section shall principally ment and an Indian housing authority. provided, for the disposition of properties or be used for the physical improvement, replace- (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC notes under this heading (including the credit ment of public housing, other capital purposes, AND INDIAN HOUSING.— subsidy for the guarantee of loans or the reduc- and for associated management improvements, (1) EXTENDED AUTHORITY.—Section 1002(d) of tion of positive credit subsidy amounts that and such other extraordinary purposes as may Public Law 104–19 is amended to read as fol- would otherwise be required for the sale of such be approved by the Secretary. Low-income and lows: properties or notes), and for any other purpose very low-income units assisted under this para- ‘‘(d) Subsections (a), (b), and (c) shall be ef- under this heading: Provided further, That any graph shall be eligible for operating subsidies, fective for applications for the demolition, dis- amounts made available in any prior appropria- unless the Secretary determines that such units position, or conversion to homeownership of tion Act for the cost (as such term is defined in or projects do not meet other requirements of public housing approved by the Secretary, and section 502 of the Congressional Budget Act of this Act. other consolidation and relocation activities of 1974) of guaranteed loans that are obligations of ‘‘(2) A public housing agency may provide as- public housing agencies undertaken, on, before, the funds established under section 238 or 519 of sistance to developments that include units for or after September 30, 1995 and before September the National Housing Act that have not been other than units assisted under this Act (except 30, 1996.’’. obligated or that are deobligated shall be avail- for units assisted under section 8 hereof) (‘mixed (2) Section 18(f) of the United States Housing able to the Secretary of Housing and Urban De- income developments’), in the form of a grant, Act of 1937 is amended by adding at the end the velopment in connection with the making of loan, operating assistance, or other form of in- following new sentence: such guarantees and shall remain available vestment which may be made to— ‘‘No one may rely on the preceding sentence as until expended, notwithstanding the expiration ‘‘(A) a partnership, a limited liability com- the basis for reconsidering a final order of a of any period of availability otherwise applica- pany, or other legal entity in which the public court issued, or a settlement approved by, a ble to such amounts. housing agency or its affiliate is a general part- court.’’. Gross obligations for the principal amount of ner, managing member, or otherwise participates (3) APPLICABILITY.—In accordance with sec- direct loans, as authorized by sections 204(g), in the activities of such entity; or tion 201(b)(2) of the United States Housing Act 207(l), 238(a), and 519(a) of the National Hous- ‘‘(B) any entity which grants to the public of 1937, the amendments made by this subsection ing Act, shall not exceed $120,000,000; of which housing agency the option to purchase the de- and by sections 1002 (a), (b), and (c) of Public not to exceed $100,000,000 shall be for bridge fi- velopment within 20 years after initial occu- Law 104–19 shall apply to public housing devel- nancing in connection with the sale of multi- pancy in accordance with section 42(i)(7) of the oped or operated pursuant to a contract between family real properties owned by the Secretary Internal Revenue Code of 1986, as amended. the Secretary of Housing and Urban Develop- and formerly insured under such Act; and of ‘‘Units shall be made available in such devel- ment and an Indian housing authority. opments for periods of not less than 30 years, by which not to exceed $20,000,000 shall be for CONVERSION OF CERTAIN PUBLIC HOUSING TO master contract or by individual lease, for occu- loans to nonprofit and governmental entities in VOUCHERS connection with the sale of single-family real pancy by low-income and very low-income fami- SEC. 203. (a) IDENTIFICATION OF UNITS.—Each properties owned by the Secretary and formerly lies referred from time to time by the public public housing agency shall identify any public insured under such Act. housing agency from its central or site-based housing developments— In addition, for administrative expenses nec- waiting list. The number of such units shall be: essary to carry out the guaranteed and direct ‘‘(i) in the same proportion to the total num- (1) that are on the same or contiguous sites; loan programs, $202,470,000, of which ber of units in such development that the total (2) that total more than— $198,299,000 shall be transferred to the appro- financial commitment provided by the public (A) 300 dwelling units; or priation for departmental salaries and expenses; housing agency bears to the value of the total (B) in the case of high-rise family buildings or and of which $4,171,000 shall be transferred to financial commitment in the development, or substantially vacant buildings; 300 dwelling the appropriation for the Office of Inspector ‘‘(ii) not be less than the number of units that units; General. could have been developed under the conven- (3) that have a vacancy rate of at least 10 per- tional public housing program with the assist- cent for dwelling units not in funded, on sched- GOVERNMENT NATIONAL MORTGAGE ASSOCIATION ance involved, or ule modernization programs; GUARANTEES OF MORTGAGE-BACKED SECURITIES ‘‘(iii) as may otherwise be approved by the (4) identified as distressed housing that the LOAN GUARANTEE PROGRAM ACCOUNT Secretary. public housing agency cannot assure the long- (INCLUDES TRANSFER OF FUNDS) ‘‘(3) A mixed income development may elect to term viability as public housing through reason- During fiscal year 1996, new commitments to have all units subject only to the applicable able revitalization, density reduction, or issue guarantees to carry out the purposes of local real estate taxes, notwithstanding that the achievement of a broader range of household in- section 306 of the National Housing Act, as low-income units assisted by public housing come; and

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(5) for which the estimated cost of continued suant to the formula for allocating such assist- PUBLIC HOUSING/SECTION 8 MOVING TO WORK operation and modernization of the develop- ance to the development removed from the in- DEMONSTRATION ments as public housing exceeds the cost of pro- ventory of that agency; and SEC. 206. (a) PURPOSE.—The purpose of this viding tenant-based assistance under section 8 (C) in the case of an agency receiving assist- demonstration is to give public housing agencies of the United States Housing Act of 1937 for all ance for the major reconstruction of obsolete and the Secretary of Housing and Urban Devel- families in occupancy, based on appropriate in- projects, any amounts obligated by the Sec- opment the flexibility to design and test various dicators of cost (such as the percentage of total retary for the major reconstruction of the devel- approaches for providing and administering development cost required for modernization). opment pursuant to section 5 of such Act, housing assistance that: reduce cost and achieve (b) IMPLEMENTATION AND ENFORCEMENT.— to the tenant-based assistance program or ap- greater cost effectiveness in Federal expendi- (1) STANDARDS FOR IMPLEMENTATION.—The propriate site revitalization of such agency. tures; give incentives to families with children Secretary shall establish standards to permit im- (6) CESSATION OF UNNECESSARY SPENDING.— where the head of household is working, seeking plementation of this section in fiscal year 1996. Notwithstanding any other provision of law, if, work, or is preparing for work by participating (2) CONSULTATION.—Each public housing in the determination of the Secretary, a develop- in job training, educational programs, or pro- agency shall consult with the applicable public ment meets or is likely to meet the criteria set grams that assist people to obtain employment housing tenants and the unit of general local forth in subsection (a), the Secretary may direct and become economically self-sufficient; and in- government in identifying any public housing the public housing agency to cease additional crease housing choices for low-income families. developments under subsection (a). spending in connection with the development, (b) PROGRAM AUTHORITY.—The Secretary of (3) FAILURE OF PHAS TO COMPLY WITH SUB- except to the extent that additional spending is Housing and Urban Development shall conduct SECTION (a).—Where the Secretary determines necessary to ensure decent, safe, and sanitary a demonstration program under this section be- that— housing until the Secretary determines or ap- ginning in fiscal year 1996 under which up to 30 (A) a public housing agency has failed under proves an appropriate course of action with republic housing agencies (including Indian hous- subsection (a) to identify public housing devel- spect to such development under this section. ing authorities) administering the public or In- opments for removal from the inventory of the (d) CONVERSION TO TENANT-BASED ASSIST- dian housing program and the section 8 housing agency in a timely manner; ANCE.— assistance payments program may be selected by (B) a public housing agency has failed to (1) The Secretary shall make authority avail- the Secretary to participate. The Secretary shall identify one or more public housing develop- able to a public housing agency to provide ten- provide training and technical assistance during ments which the Secretary determines should ant-based assistance pursuant to section 8 to the demonstration and conduct detailed evalua- have been identified under subsection (a); or families residing in any development that is re- tions of up to 15 such agencies in an effort to (C) one or more of the developments identified moved from the inventory of the public housing identify replicable program models promoting by the public housing agency pursuant to sub- agency and the annual contributions contract the purpose of the demonstration. Under the section (a) should not, in the determination of pursuant to subsection (b). demonstration, notwithstanding any provision (2) Each conversion plan under subsection (c) the Secretary, have been identified under that of the United States Housing Act of 1937 except shall— subsection; (A) require the agency to notify families resid- as provided in subsection (e), an agency may the Secretary may designate the developments to ing in the development, consistent with any combine operating assistance provided under be removed from the inventory of the public guidelines issued by the Secretary governing section 9 of the United States Housing Act of housing agency pursuant to this section. such notifications, that the development shall be 1937, modernization assistance provided under (c) REMOVAL OF UNITS FROM THE INVENTORIES removed from the inventory of the public hous- section 14 of such Act, and assistance provided OF PUBLIC HOUSING AGENCIES.— ing agency and the families shall receive tenant- under section 8 of such Act for the certificate (1) Each public housing agency shall develop based or project-based assistance, and to provide and voucher programs, to provide housing as- and carry out a plan in conjunction with the any necessary counseling for families; and sistance for low-income families, as defined in Secretary for the removal of public housing (B) ensure that all tenants affected by a de- section 3(b)(2) of the United States Housing Act units identified under subsection (a) or sub- termination under this section that a develop- of 1937, and services to facilitate the transition section (b)(3), over a period of up to five years, ment shall be removed from the inventory of a to work on such terms and conditions as the from the inventory of the public housing agency public housing agency shall be offered tenant- agency may propose and the Secretary may ap- and the annual contributions contract. The based or project-based assistance and shall be prove. plan shall be approved by the relevant local of- relocated, as necessary, to other decent, safe, (c) APPLICATION.—An application to partici- ficial as not inconsistent with the Comprehen- sanitary, and affordable housing which is, to pate in the demonstration— (1) shall request authority to combine assist- sive Housing Affordability Strategy under title I the maximum extent practicable, housing of ance under sections 8, 9, and 14 of the United of the Housing and Community Development their choice. States Housing Act of 1937; Act of 1992, including a description of any dis- (e) IN GENERAL.— (2) shall be submitted only after the public position and demolition plan for the public (1) The Secretary may require a public hous- housing agency provides for citizen participa- housing units. ing agency to provide such information as the tion through a public hearing and, if appro- (2) The Secretary may extend the deadline in Secretary considers necessary for the administration of this section. priate, other means; paragraph (1) for up to an additional five years (3) shall include a plan developed by the where the Secretary makes a determination that (2) As used in this section, the term ‘‘development’’ shall refer to a project or projects, or to agency that takes into account comments from the deadline is impracticable. the public hearing and any other public com- (3) The Secretary shall take appropriate ac- portions of a project or projects, as appropriate. (3) Section 18 of the United States Housing ments on the proposed program, and comments tions to ensure removal of developments identi- from current and prospective residents who fied under subsection (a) or subsection (b)(3) Act of 1937 shall not apply to the demolition of developments removed from the inventory of the would be affected, and that includes criteria from the inventory of a public housing agency, for— if the public housing agency fails to adequately public housing agency under this section. STREAMLINING SECTION 8 TENANT-BASED (A) families to be assisted, which shall require develop a plan under paragraph (1), or fails to that at least 75 percent of the families assisted adequately implement such plan in accordance ASSISTANCE SEC. 204. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Sec- by participating demonstration public housing with the terms of the plan. authorities shall be very low-income families, as (4) To the extent approved in appropriations tion 8(t) of the United States Housing Act of 1937 is hereby repealed. defined in section 3(b)(2) of the United States Acts, the Secretary may establish requirements Housing Act of 1937; and provide funding under the Urban Revital- (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR THE CERTIFICATE AND VOUCHER PRO- (B) establishing a reasonable rent policy, ization Demonstration program for demolition which shall be designed to encourage employ- and disposition of public housing under this sec- GRAMS.—Section 8(c) of such Act is amended— (1) in paragraph (8), by inserting after ‘‘sec- ment and self-sufficiency by participating fami- tion. tion’’ the following: ‘‘(other than a contract for lies, consistent with the purpose of this dem- (5) Notwithstanding any other provision of assistance under the certificate or voucher pro- onstration, such as by excluding some or all of law, if a development is removed from the inven- gram)’’; and a family’s earned income for purposes of deter- tory of a public housing agency and the annual (2) in the first sentence of paragraph (9), by mining rent; contributions contract pursuant to paragraph striking ‘‘(but not less than 90 days in the case (C) continuing to assist substantially the same (1), the Secretary may authorize or direct the of housing certificates or vouchers under sub- total number of eligible low-income families as transfer of— section (b) or (o))’’ and inserting ‘‘, other than would have been served had the amounts not (A) in the case of an agency receiving assist- a contract under the certificate or voucher pro- been combined; ance under the comprehensive improvement as- gram’’. (D) maintaining a comparable mix of families sistance program, any amounts obligated by the (c) ENDLESS LEASE.—Section 8(d)(1)(B) of (by family size) as would have been provided Secretary for the modernization of such develop- such Act is amended— had the amounts not been used under the dem- ment pursuant to section 14 of the United States (1) in clause (ii), by inserting ‘‘during the term onstration; and Housing Act of 1937; of the lease,’’ after ‘‘(ii)’’; and (E) assuring that housing assisted under the (B) in the case of an agency receiving public (2) in clause (iii), by striking ‘‘provide that’’ demonstration program meets housing quality and Indian housing modernization assistance by and inserting ‘‘during the term of the lease,’’. standards established or approved by the Sec- formula pursuant to section 14 of the United (d) APPLICABILITY.—The provisions of this retary; and States Housing Act of 1937, any amounts pro- section shall be effective for fiscal year 1996 (4) may request assistance for training and vided to the agency which are attributable pur- only. technical assistance to assist with design of the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00185 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2526 CONGRESSIONAL RECORD — SENATE March 20, 1996 demonstration and to participate in a detailed (B) to up to 10 agencies selected to receive maximum extent practicable, that the debt serv- evaluation. training and technical assistance pursuant to ice and operating expenses, including adequate (d) SELECTION.—In selecting among applica- subsection (c)(4), to assist them in implementing reserves, attributable to such multifamily tions, the Secretary shall take into account the the approved program; and projects can be supported with or without mort- potential of each agency to plan and carry out (2) to conduct detailed evaluations of the ac- gage insurance under the National Housing Act a program under the demonstration, the relative tivities of the public housing agencies under and with or without above-market rents and performance by an agency under the public paragraph (1)(B), directly or by contract. utilizing project-based assistance or, with the housing management assessment program under EXTENSION OF MULTIFAMILY HOUSING FINANCE consent of the property owner, tenant-based as- section 6(j) of the United States Housing Act of PROGRAM sistance, while taking into account the need for 1937, and other appropriate factors as deter- SEC. 208. (a) The first sentence of section assistance of low- and very low-income families mined by the Secretary. 542(b)(5) of the Housing and Community Devel- in such projects. In carrying out this demonstra- (e) APPLICABILITY OF 1937 ACT PROVISIONS.— opment Act of 1992 (12 U.S.C. 1707 note) is tion, the Secretary may use arrangements with (1) Section 18 of the United States Housing amended by striking ‘‘on not more than 15,000 third parties, under which the Secretary may Act of 1937 shall continue to apply to public units over fiscal years 1993 and 1994’’ and in- provide for the assumption by the third parties housing notwithstanding any use of the housing serting ‘‘on not more than 7,500 units during fis- (by delegation, contract, or otherwise) of some under this demonstration. cal year 1996’’. or all of the functions, obligations, and benefits (2) Section 12 of such Act shall apply to hous- (b) The first sentence of section 542(c)(4) of of the Secretary. ing assisted under the demonstration, other the Housing and Community Development Act (1) GOALS.—The Secretary of Housing and than housing assisted solely due to occupancy of 1992 (12 U.S.C. 1707 note) is amended by strik- Urban Development shall carry out the dem- by families receiving tenant-based assistance. ing ‘‘on not to exceed 30,000 units over fiscal onstration programs under this section in a (f) EFFECT ON SECTION 8, OPERATING SUB- years 1993, 1994, and 1995’’ and inserting ‘‘on manner that— SIDIES, AND COMPREHENSIVE GRANT PROGRAM not more than 10,000 units during fiscal year (A) will protect the financial interests of the ALLOCATIONS.—The amount of assistance re- 1996’’. Federal Government; ceived under section 8, section 9, or pursuant to FORECLOSURE OF HUD-HELD MORTGAGES (B) will result in significant discretionary cost section 14 by a public housing agency partici- THROUGH THIRD PARTIES savings through debt restructuring and subsidy pating in the demonstration under this part SEC. 209. During fiscal year 1996, the Sec- reduction; and shall not be diminished by its participation. (C) will, in the least costly fashion, address (g) RECORDS, REPORTS, AND AUDITS.— retary of Housing and Urban Development may delegate to one or more entities the authority to the goals of— (1) KEEPING OF RECORDS.—Each agency shall (i) maintaining existing housing stock in a de- keep such records as the Secretary may pre- carry out some or all of the functions and responsibilities of the Secretary in connection cent, safe, and sanitary condition; scribe as reasonably necessary to disclose the (ii) minimizing the involuntary displacement amounts and the disposition of amounts under with the foreclosure of mortgages held by the Secretary under the National Housing Act. of tenants; this demonstration, to ensure compliance with (iii) restructuring the mortgages of such RESTRUCTURING OF THE HUD MULTIFAMILY the requirements of this section, and to measure projects in a manner that is consistent with MORTGAGE PORTFOLIO THROUGH STATE HOUS- performance. local housing market conditions; ING FINANCE AGENCIES (2) REPORTS.—Each agency shall submit to (iv) supporting fair housing strategies; the Secretary a report, or series of reports, in a SEC. 210. During fiscal year 1996, the Sec- (v) minimizing any adverse income tax impact form and at a time specified by the Secretary. retary of Housing and Urban Development may on property owners; and Each report shall— sell or otherwise transfer multifamily mortgages (vi) minimizing any adverse impact on resi- (A) document the use of funds made available held by the Secretary under the National Hous- dential neighborhoods. under this section; ing Act to a State housing finance agency in (B) provide such data as the Secretary may connection with a program authorized under In determining the manner in which a mortgage request to assist the Secretary in assessing the section 542 (b) or (c) of the Housing and Com- is to be restructured or the subsidy reduced, the demonstration; and munity Development Act of 1992 without regard Secretary may balance competing goals relating (C) describe and analyze the effect of assisted to the unit limitations in section 542(b)(5) or to individual projects in a manner that will fur- activities in addressing the objectives of this 542(c)(4) of such Act. ther the purposes of this section. (2) DEMONSTRATION APPROACHES.—In car- part. TRANSFER OF SECTION 8 AUTHORITY rying out the demonstration programs, subject (3) ACCESS TO DOCUMENTS BY THE SEC- SEC. 211. Section 8 of the United States Hous- to the appropriation in subsection (f), the Sec- RETARY.—The Secretary shall have access for ing Act of 1937 is amended by adding the fol- retary may use one or more of the following ap- the purpose of audit and examination to any lowing new subsection at the end: proaches: books, documents, papers, and records that are ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If (A) Joint venture arrangements with third pertinent to assistance in connection with, and an assistance contract under this section, other parties, under which the Secretary may provide the requirements of, this section. than a contract for tenant-based assistance, is for the assumption by the third parties (by dele- (4) ACCESS TO DOCUMENTS BY THE COMP- terminated or is not renewed, or if the contract gation, contract, or otherwise) of some or all of TROLLER GENERAL.—The Comptroller General of expires, the Secretary shall, in order to provide the functions, obligations, and benefits of the the United States, or any of the duly authorized continued assistance to eligible families, includ- Secretary. representatives of the Comptroller General, shall ing eligible families receiving the benefit of the (B) Subsidization of the debt service of the have access for the purpose of audit and exam- project-based assistance at the time of the termi- project to a level that can be paid by an owner ination to any books, documents, papers, and nation, transfer any budget authority remaining receiving an unsubsidized market rent. records that are pertinent to assistance in con- in the contract to another contract. The transfer (C) Renewal of existing project-based assist- nection with, and the requirements of, this sec- shall be under such terms as the Secretary may ance contracts where the Secretary shall ap- tion. prescribe.’’. (h) EVALUATION AND REPORT.— prove proposed initial rent levels that do not ex- DOCUMENTATION OF MULTIFAMILY REFINANCINGS (1) CONSULTATION WITH PHA AND FAMILY REP- ceed the greater of 120 percent of fair market EC RESENTATIVES.—In making assessments through- S . 212. Notwithstanding the 16th paragraph rents or comparable market rents for the rel- out the demonstration, the Secretary shall con- under the item relating to ‘‘administrative provi- evant metropolitan market area or at rent levels sult with representatives of public housing sions’’ in title II of the Departments of Veterans under a budget-based approach. agencies and residents. Affairs and Housing and Urban Development, (D) Nonrenewal of expiring existing project- (2) REPORT TO CONGRESS.—Not later than 180 and Independent Agencies Appropriations Act, based assistance contracts and providing ten- days after the end of the third year of the dem- 1995 (Public Law 103–327; 108 Stat. 2316), the ant-based assistance to previously assisted onstration, the Secretary shall submit to the amendments to section 223(a)(7) of the National households. Congress a report evaluating the programs car- Housing Act made by the 15th paragraph of (b) For purposes of carrying out demonstra- ried out under the demonstration. The report such Act shall be effective during fiscal year tion programs under subsection (a)— shall also include findings and recommenda- 1996 and thereafter. (1) the Secretary may manage and dispose of tions for any appropriate legislative action. FHA MULTIFAMILY DEMONSTRATION AUTHORITY multifamily properties owned by the Secretary (i) FUNDING FOR TECHNICAL ASSISTANCE AND SEC. 213. (a) On and after October 1, 1995, and as of October 1, 1995 and multifamily mortgages EVALUATION.—From amounts appropriated for before October 1, 1997, the Secretary of Housing held by the Secretary as of October 1, 1995 for assistance under section 14 of the United States and Urban Development shall initiate a dem- properties assisted under section 8 with rents Housing Act of 1937 for fiscal years 1996, 1997, onstration program with respect to multifamily above 110 percent of fair market rents without and 1998, the Secretary may use up to a total of projects whose owners agree to participate and regard to any other provision of law; and $5,000,000— whose mortgages are insured under the National (2) the Secretary may delegate to one or more (1) to provide, directly or by contract, training Housing Act and that are assisted under section entities the authority to carry out some or all of and technical assistance— 8 of the United States Housing Act of 1937 and the functions and responsibilities of the Sec- (A) to public housing agencies that express an whose present section 8 rents are, in the aggre- retary in connection with the foreclosure of interest to apply for training and technical as- gate, in excess of the fair market rent of the lo- mortgages held by the Secretary under the Na- sistance pursuant to subsection (c)(4), to assist cality in which the project is located. These pro- tional Housing Act. them in designing programs to be proposed for grams shall be designed to test the feasibility (c) For purposes of carrying out demonstra- the demonstration; and and desirability of the goal of ensuring, to the tion programs under subsection (a), subject to

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00186 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2527 such third party consents (if any) as are nec- describing and assessing the programs carried West Virginia, relating to the public facilities essary including but not limited to (i) consent by out under the demonstrations. The Secretary loan for Project Number WV–46–PFL0031, issued the Government National Mortgage Association shall also submit a final report to the Congress under title II of the Housing Amendments of where it owns a mortgage insured by the Sec- not later than six months after the end of the 1955. Such public service district is relieved of all retary; (ii) consent by an issuer under the mort- demonstrations. The reports shall include find- liability to the Government for the outstanding gage-backed securities program of the Associa- ings and recommendations for any legislative principal balance on such loan, for the amount tion, subject to the responsibilities of the issuer action appropriate. The reports shall also in- of accrued interest on such loan, and for any to its security holders and the Association under clude a description of the status of each multi- fees and charges payable in connection with such program; and (iii) parties to any contrac- family housing project selected for the dem- such loan. tual agreement which the Secretary proposes to onstrations under this section. The final report CLARIFICATIONS modify or discontinue, and subject to the appro- may include— SEC. 219. For purposes of Federal law, the priation in subsection (c), the Secretary or one (1) the size of the projects; Paul Mirabile Center in San Diego, California, or more third parties designated by the Sec- (2) the geographic locations of the projects, by including areas within such Center that are de- retary may take the following actions: State and region; voted to the delivery of supportive services, has (1) Notwithstanding any other provision of (3) the physical and financial condition of the been determined to satisfy the ‘‘continuum of law, and subject to the agreement of the project projects; care’’ requirements of the Department of Hous- owner, the Secretary or third party may remove, (4) the occupancy profile of the projects, in- ing and Urban Development, and shall be treat- relinquish, extinguish, modify, or agree to the cluding the income, family size, race, and ethnic ed as— removal of any mortgage, regulatory agreement, origin of current tenants, and the rents paid by (a) consisting solely of residential units that project-based assistance contract, use agree- such tenants; (i) contain sleeping accommodations and kitch- ment, or restriction that had been imposed or re- (5) a description of actions undertaken pursu- en and bathroom facilities, (ii) are located in a quired by the Secretary, including restrictions ant to this section, including a description of building that is used exclusively to facilitate the on distributions of income which the Secretary the effectiveness of such actions and any im- transition of homeless individuals (within the or third party determines would interfere with pediments to the transfer or sale of multifamily meaning of section 103 of the Stewart B. McKin- the ability of the project to operate without housing projects; ney Homeless Assistance Act (42 U.S.C. 11302), above market rents. The Secretary or third party (6) a description of the extent to which the as in effect on December 19, 1989) to inde- may require an owner of a property assisted demonstrations under this section have dis- pendent living within 24 months, (iii) are suit- under the section 8 new construction/substantial placed tenants of multifamily housing projects; able for occupancy, with each cubicle consti- rehabilitation program to apply any accumu- (7) a description of any of the functions per- tuting a separate bedroom and residential unit, lated residual receipts toward effecting the pur- formed in connection with this section that are (iv) are used on other than a transient basis, poses of this section. transferred or contracted out to public or pri- and (v) shall be originally placed in service on (2) Notwithstanding any other provision of vate entities or to States; November 1, 1995; and law, the Secretary of Housing and Urban Devel- (8) a description of the impact to which the (b) property that is entirely residential rental opment may enter into contracts to purchase re- demonstrations under this section have affected property, namely, a project for residential rental insurance, or enter into participations or other- the localities and communities where the se- property. wise transfer economic interest in contracts of lected multifamily housing projects are located; EMPLOYMENT LIMITATIONS and insurance or in the premiums paid, or due to be SEC. 220. (a) By the end of fiscal year 1996 the paid, on such insurance to third parties, on (9) a description of the extent to which the Department of Housing and Urban Development such terms and conditions as the Secretary may demonstrations under this section have affected shall employ no more than eight Assistant Sec- determine. the owners of multifamily housing projects. retaries, notwithstanding section 4(a) of the De- (3) The Secretary may offer project-based as- ASSESSMENT COLLECTION DATES FOR OFFICE OF partment of Housing and Urban Development sistance with rents at or below fair market rents FEDERAL HOUSING ENTERPRISE OVERSIGHT Act. for the locality in which the project is located SEC. 216. Section 1316(b) of the Housing and (b) By the end of fiscal year 1996 the Depart- and may negotiate such other terms as are ac- Community Development Act of 1992 (12 U.S.C. ment of Housing and Urban Development shall ceptable to the Secretary and the project owner. 4516(b)) is amended by striking paragraph (2) employ no more than 85 schedule C and 20 non- (4) The Secretary may offer to pay all or a and inserting the following new paragraph: career senior executive service employees. portion of the project’s debt service, including ‘‘(2) TIMING OF PAYMENT.—The annual assess- USE OF FUNDS payments monthly from the appropriate Insur- ment shall be payable semiannually for each fis- SEC. 221. (a) Of the $93,400,000 earmarked in ance Fund, for the full remaining term of the in- cal year, on October 1 and April 1.’’. Public Law 101–144 (103 Stat. 850), as amended sured mortgage. MERGER LANGUAGE FOR ASSISTANCE FOR THE RE- by Public Law 101–302 (104 Stat. 237), for special (5) Notwithstanding any other provision of NEWAL OF EXPIRING SECTION 8 SUBSIDY CON- law, the Secretary may forgive and cancel any projects and purposes, any amounts remaining TRACTS AND ANNUAL CONTRIBUTIONS FOR AS- of the $500,000 made available to Bethlehem FHA-insured mortgage debt that a demonstra- SISTED HOUSING tion program property cannot carry at market House in Highland, California, for site planning SEC. 217. All remaining obligated and unobli- rents while bearing full operating costs. and loan acquisition shall instead be made gated balances in the Renewal of Expiring Sec- (6) For demonstration program properties that available to the County of San Bernardino in tion 8 Subsidy Contracts account on September cannot carry full operating costs (excluding debt California to assist with the expansion of the 30, 1995, shall immediately thereafter be trans- service) at market rents, the Secretary may ap- Los Padrinos Gang Intervention Program and ferred to and merged with the obligated and un- prove project-based rents sufficient to carry the Unity Home Domestic Violence Shelter. obligated balances, respectively, of the Annual such full operating costs and may offer to pay (b) The amount made available for fiscal year Contributions for Assisted Housing account. the full debt service in the manner provided in 1995 for the removal of asbestos from an aban- paragraph (4). DEBT FORGIVENESS doned public school building in Toledo, Ohio (d) COMMUNITY AND TENANT INPUT.—In car- SEC. 218. (a) The Secretary of Housing and shall be made available for the renovation and rying out this section, the Secretary shall de- Urban Development shall cancel the indebted- rehabilitation of an industrial building at the velop procedures to provide appropriate and ness of the Hubbard Hospital Authority of Hub- University of Toledo in Toledo, Ohio. timely notice to officials of the unit of general bard, Texas, relating to the public facilities loan LEAD-BASED PAINT ABATEMENT local government affected, the community in for Project Number PFL–TEX–215, issued under SEC. 222. (a) Section 1011 of Title X—Residen- which the project is situated, and the tenants of title II of the Housing Amendments of 1955. tial Lead-Based Paint Hazard Reduction Act of the project. Such hospital authority is relieved of all liabil- 1992 is amended as follows: Strike ‘‘priority (e) LIMITATION ON DEMONSTRATION AUTHOR- ity to the Government for the outstanding prin- housing’’ wherever it appears in said section ITY.—The Secretary may carry out demonstra- cipal balance on such loan, for the amount of and insert ‘‘housing’’. tion programs under this section with respect to accrued interest on such loan, and for any fees (b) Section 1011(a) shall be amended as fol- mortgages not to exceed 15,000 units. The dem- and charges payable in connection with such lows: At the end of the subsection after the pe- onstration authorized under this section shall loan. riod, insert: ‘‘Grants shall only be made under not be expanded until the reports required (b) The Secretary of Housing and Urban De- this section to provide assistance for housing under subsection (g) are submitted to the Con- velopment shall cancel the indebtedness of the which meets the following criteria— gress. Groveton Texas Hospital Authority relating to ‘‘(1) for grants made to assist rental housing, (f) APPROPRIATION.—For the cost of modifying the public facilities loan for Project Number at least 50 percent of the units must be occupied loans held or guaranteed by the Federal Hous- TEX–41–PFL0162, issued under title II of the by or made available to families with incomes at ing Administration, as authorized by this sub- Housing Amendments of 1955. Such hospital au- or below 50 percent of the area median income section (a)(2) and subsection (c), $15,000,000, to thority is relieved of all liability to the Govern- level and the remaining units shall be occupied remain available until September 30, 1997: Pro- ment for the outstanding principal balance on or made available to families with incomes at or vided, That such costs shall be as defined in sec- such loan, for the amount of accrued interest on below 80 percent of the area median income tion 502 of the Congressional Budget Act of 1974, such loan, and for any fees and charges payable level, and in all cases the landlord shall give as amended. in connection with such loan. priority in renting units assisted under this sec- (g) REPORT TO CONGRESS.—The Secretary (c) The Secretary of Housing and Urban De- tion, for not less than 3 years following the com- shall submit to the Congress every six months velopment shall cancel the indebtedness of the pletion of lead abatement activities, to families after the date of enactment of this Act a report Hepzibah Public Service District of Hepzibah, with a child under the age of six years, except

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00187 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2528 CONGRESSIONAL RECORD — SENATE March 20, 1996 that buildings with five or more units may have Rights Act of 1968, as amended by the Fair Commission, including the acquisition of land or 20 percent of the units occupied by families with Housing Amendments Act of 1988, and the Fair interest in land in foreign countries; purchases incomes above 80 percent of area median income Housing Act, including any rights guaranteed and repair of uniforms for caretakers of na- level; under the Fair Housing Act (including any tional cemeteries and monuments outside of the ‘‘(2) for grants made to assist housing owned functions relating to the Fair Housing Initia- United States and its territories and possessions; by owner-occupants, all units assisted with tives program under section 561 of the Housing rent of office and garage space in foreign coun- grants under this section shall be the principal and Community Development Act of 1987), are tries; purchase (one for replacement only) and residence of families with income at or below 80 hereby transferred to the Attorney General of hire of passenger motor vehicles; and insurance percent of the area median income level, and not the United States effective April 1, 1997: Pro- of official motor vehicles in foreign countries, less than 90 percent of the units assisted with vided, That none of the aforementioned author- when required by law of such countries; grants under this section shall be occupied by a ity or responsibility for enforcement of the Fair $20,265,000, to remain available until expended: child under the age of six years or shall be units Housing Act shall be transferred to the Attorney Provided, That where station allowance has where a child under the age of six years spends General until adequate personnel and resources been authorized by the Department of the Army a significant amount of time visiting; and allocated to such activity at the Department of for officers of the Army serving the Army at cer- ‘‘(3) notwithstanding paragraphs (1) and (2), Housing and Urban Development are trans- tain foreign stations, the same allowance shall Round II grantees who receive assistance under ferred to the Department of Justice. be authorized for officers of the Armed Forces this section may use such assistance for priority SEC. 224. None of the funds provided in this assigned to the Commission while serving at the housing.’’. Act may be used during fiscal year 1996 to inves- same foreign stations, and this appropriation is EXTENSION PERIOD FOR SHARING UTILITY COST tigate or prosecute under the Fair Housing Act hereby made available for the payment of such SAVINGS WITH PHAS (42 U.S.C. 3601, et seq.) any otherwise lawful ac- allowance: Provided further, That when trav- SEC. 223. Section 9(a)(3)(B)(i) of the United tivity engaged in by one or more persons, in- eling on business of the Commission, officers of States Housing Act of 1937 is amended by strik- cluding the filing or maintaining of non-frivo- the Armed Forces serving as members or as Sec- ing ‘‘for a period not to exceed 6 years’’. lous legal action, that is engaged in solely for retary of the Commission may be reimbursed for the purposes of achieving or preventing action MORTGAGE NOTE SALES expenses as provided for civilian members of the by a Government official, entity, or court of Commission: Provided further, That the Com- SEC. 223A. The first sentence of section competent jurisdiction. 221(g)(4)(C)(viii) of the National Housing Act is mission shall reimburse other Government agen- SEC. 225. None of the funds provided in this cies, including the Armed Forces, for salary, amended by striking ‘‘September 30, 1995’’ and Act many be used to take any enforcement ac- inserting in lieu thereof ‘‘September 30, 1996’’. pay, and allowances of personnel assigned to it. tion with respect to a complaint of discrimina- DEPARTMENT OF THE TREASURY REPEAL OF FROST-LELAND tion under the Fair Housing Act (42 U.S.C. 3601, COMMUNITY DEVELOPMENT FINANCIAL SEC. 223B. Section 415 of the Department of et seq.) on the basis of familial status and which INSTITUTIONS FUND Housing and Urban Development—Independent involves an occupancy standard established by Agencies Appropriations Act, 1988 (Public Law the housing provider except to the extent that it PROGRAM ACCOUNT 100–202; 101 Stat. 1329–213) is repealed effective is found that there has been discrimination in For grants, loans, and technical assistance to the date of enactment of Public Law 104–19. The contravention of the standards provided in the qualifying community development financial in- Secretary is authorized to demolish the struc- March 20, 1991 Memorandum from the General stitutions, and administrative expenses of the tures identified in such section. The Secretary is Counsel of the Department of Housing and Fund, $50,000,000, to remain available until Sep- also authorized to compensate those local gov- Urban Development to all Regional Counsel or tember 30, 1997: Provided, That of the funds ernments which, due to this provision, expended until such time that HUD issues a final rule in made available under this heading not to exceed local revenues demolishing the developments accordance with section 553 of title 5, United $4,000,000 may be used for the cost of direct identified in such provision. States Code. loans, and not to exceed $400,000 may be used FHA SINGLE-FAMILY ASSIGNMENT PROGRAM CDBG ELIGIBLE ACTIVITIES for administrative expenses to carry out the direct loan program: Provided further, That the REFORM SEC. 226. Section 105(a) of the Housing and cost of direct loans, including the cost of modi- SEC. 223C. (a) CORRECTION TO FORECLOSURE Community Development Act of 1974 (42 U.S.C. fying such loans, shall be defined as in section AVOIDANCE PROVISION.— The penultimate pro- 5305(a)) is amended— viso of section 204(a) of the National Housing (1) in paragraph (4)— 502 of the Congressional Budget Act of 1974: Act (12 U.S.C. 1710(a)). As added by section (A) by inserting ‘‘reconstruction,’’ after ‘‘re- Provided further, That such funds are available 407(a) of the Balanced Budget Downpayment moval,’’; and to subsidize gross obligations for the principal Act, I, is amended by striking ‘‘special fore- (B) by striking ‘‘acquisition for rehabilitation, amount of direct loans not to exceed $31,600,000: closure’’ and inserting in lieu thereof ‘‘special and rehabilitation’’ and inserting ‘‘acquisition Provided further, That none of these funds shall forebearance’’. for reconstruction or rehabilitation, and recon- be used to supplement existing resources provided to the Department for activities such as (b) CORRECTION TO SAVINGS PROVISION.—Sec- struction or rehabilitation’’; tion 230(d) of the National Housing Act, as (2) in paragraph (13), by striking ‘‘and’’ at external affairs, general counsel, administra- amended by section 407(b) of the Balanced the end; tion, finance, or office of inspector general: Pro- (3) by striking paragraph (19); vided further, That none of these funds shall be Budget Downpayment Act, I, is amended to read (4) in paragraph (24), by striking ‘‘and’’ at as follows: available for expenses of an Administrator as the end; defined in section 104 of the Community Devel- ‘‘(d) SAVINGS PROVISION.—Any mortgage for (5) in paragraph (25), by striking the period at opment Banking and Financial Institutions Act which the mortgagor has applied to the Sec- the end and inserting ‘‘; and’’; retary, before March 15, 1996, for assignment of 1994 (CDBFI Act): Provided further, That (6) by redesignating paragraphs (20) through notwithstanding any other provision of law, for pursuant to subsection (b) of this section as in (25) as paragraphs (19) through (24), respec- effect before enactment of the Balanced Budget purposes of administering the Community Devel- tively; and opment Financial Institutions Fund, the Sec- Downpayment Act, I, shall continue to be gov- (7) by redesignating paragraph (21) (as added retary of the Treasury shall have all powers and erned by the provisions of this section as in ef- by section 1012(f)(3) of the Housing and Commu- rights of the Administrator of the CDBFI Act fect immediately before enactment of the Bal- nity Development Act of 1992) as paragraph and the Fund shall be within the Department of anced Budget Downpayment Act, I.’’ (25). the Treasury. (c) CORRECTION TO DATE FOR REGULATIONS.— SEC. 227. (a) The second sentence of section Section 407(d) of the Balanced Budget Down- 236(f)(1) of the National Housing Act, as amend- CONSUMER PRODUCT SAFETY COMMISSION payment Act, I, is amended to read as follows: ed by section 405(d)(1) of The Balanced Budget SALARIES AND EXPENSES ‘‘(d) REGULATIONS.—Not later than April 15, Downpayment Act, I, is amended— For necessary expenses of the Consumer Prod- 1996, the Secretary of Housing and Urban De- (1) by striking ‘‘or (ii)’’ and inserting ‘‘(ii)’’; uct Safety Commission, including hire of pas- velopment shall issue interim regulations to im- and senger motor vehicles, services as authorized by plement this section and the amendments made (2) by striking ‘‘located,’’ and inserting: ‘‘lo- 5 U.S.C. 3109, but at rates for individuals not to by this section.’’ cated, or (iii) the actual rent (as determined by exceed the per diem rate equivalent to the rate SPENDING LIMITATIONS the Secretary) paid for a comparable unit in for GS–18, purchase of nominal awards to recog- comparable unassisted housing in the market SEC. 223D. (a) None of the funds in this Act nize non-Federal officials’ contributions to Com- may be used by the Secretary to impose any area in which the housing assisted under this mission activities, and not to exceed $500 for of- sanction, or penalty because of the enactment of section is located,’’. ficial reception and representation expenses, (b) The first sentence of section 236(g) of the any State or local law or regulation declaring $40,000,000. National Housing Act is amended by inserting English as the official language. CORPORATION FOR NATIONAL AND COMMUNITY the phrase ‘‘on a unit-by-unit basis’’ after ‘‘col- (b) No part of any appropriation contained in SERVICE lected’’. this Act shall be used for lobbying activities as NATIONAL AND COMMUNITY SERVICE PROGRAMS prohibited by law. TITLE III OPERATING EXPENSES TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF INDEPENDENT AGENCIES (INCLUDING TRANSFER OF FUNDS) JUSTICE AMERICAN BATTLE MONUMENTS COMMISSION For necessary expenses for the Corporation SEC. 223E. All functions, activities and respon- SALARIES AND EXPENSES for National and Community Service (referred to sibilities of the Secretary of Housing and Urban For necessary expenses, not otherwise pro- in the matter under this heading as the ‘‘Cor- Development relating to title VIII of the Civil vided for, of the American Battle Monuments poration’’) in carrying out programs, activities,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00188 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2529 and initiatives under the National and Commu- cational awards provided under subtitle D of determination that the Kalamazoo Water Rec- nity Service Act of 1990 (referred to in the mat- title 1, and shall reduce the total Federal cost lamation Plant will provide treatment and pol- ter under this heading as the ‘‘Act’’) (42 U.S.C. per participant in all programs. lution removal equivalent to or better than that 12501 et seq.), $383,500,000, of which $234,000,000 OFFICE OF INSPECTOR GENERAL which would be required through a combination shall be available for obligation from September For necessary expenses of the Office of In- of pretreatment by such industrial discharger 1, 1996, through August 21, 1997: Provided, That spector General in carrying out the provisions of and treatment by the Kalamazoo Water Rec- not more than $25,000,000 shall be available for the Inspector General Act of 1978, $2,000,000. lamation Plant in the absence of the exemption, administrative expenses authorized under sec- COURT OF VETERANS APPEALS and tion 501(a)(4) of the Act (42 U.S.C. 12681(a)(4)): SALARIES AND EXPENSES (3) compliance with paragraph (2) is ad- Provided further, That not more than $2,500 For necessary expenses for the operation of dressed by the provisions and conditions of a shall be for official reception and representation the United States Court of Veterans Appeals as permit issued to the Kalamazoo Water Reclama- expenses: Provided further, That not more than tion Plant under section 402 of such Act, and $59,000,000, to remain available without fiscal authorized by 38 U.S.C. sections 7251–7292, $9,000,000, of which not to exceed $678,000, to re- there exists an operative financial contract be- year limitation, shall be transferred to the Na- tween the City of Kalamazoo and the industrial tional Service Trust account for educational main available until September 30, 1997, shall be available for the purpose of providing financial user and an approved local pretreatment pro- awards authorized under subtitle D of title I of gram, including a joint monitoring program and the Act (42 U.S.C. 12601 et seq.): Provided fur- assistance as described, and in accordance with the process and reporting procedures set forth, local controls to prevent against interference ther, That not more than $175,000,000 of the and pass through. amount provided under this heading shall be under this head in Public Law 102–229. available for grants under the National Service DEPARTMENT OF DEFENSE—CIVIL OFFICE OF INSPECTOR GENERAL Trust program authorized under subtitle C of CEMETERIAL EXPENSES, ARMY For necessary expenses of the Office of In- title I of the Act (42 U.S.C. 12571 et seq.) (relat- SALARIES AND EXPENSES spector General in carrying out the provisions of ing to activities including the Americorps pro- For necessary expenses, as authorized by law, the Inspector General Act of 1978, as amended, gram): Provided further, That not more than for maintenance, operation, and improvement of and for construction, alteration, repair, reha- $3,500,000 of the funds made available under Arlington National Cemetery and Soldiers’ and bilitation, and renovation of facilities, not to ex- this heading shall be made available for the Airmen’s Home National Cemetery, and not to ceed $75,000 per project, $28,500,000. Points of Light Foundation for activities au- exceed $1,000 for official reception and represen- BUILDINGS AND FACILITIES thorized under title III of the Act (42 U.S.C. tation expenses; $11,946,000, to remain available For construction, repair, improvement, exten- 12661 et seq.): Provided further, That not more until expended. than $40,000,000 of the funds made available sion, alteration, and purchase of fixed equip- ENVIRONMENTAL PROTECTION AGENCY under this heading may be used to administer, ment or facilities of, or use by, the Environ- reimburse, or support any national service pro- SCIENCE AND TECHNOLOGY mental Protection Agency, $60,000,000, to remain gram authorized under section 121(d)(2) of such For science and technology, including re- available until expended. Act (42 U.S.C. 12581(d)(2)), and none of such search and development activities, which shall HAZARDOUS SUBSTANCE SUPERFUND funds shall be available for national service pro- include research and development activities (INCLUDING TRANSFER OF FUNDS) grams run by Federal agencies authorized under under the Comprehensive Environmental Re- section 121(b) of such Act (42 U.S.C. 12581(b)): sponse, Compensation and Liability Act of 1980 For necessary expenses to carry out the Com- Provided further, That, to the maximum extent (CERCLA), as amended; necessary expenses for prehensive Environmental Response, Compensa- feasible, funds appropriated in the preceding personnel and related costs and travel expenses, tion and Liability Act of 1980 (CERCLA), as proviso shall be provided in a manner that is including uniforms, or allowances therefore, as amended, including sections 111 (c)(3), (c)(5), consistent with the recommendations of peer re- authorized by 5 U.S.C. 5901–5902; services as au- (c)(6), and (e)(4) (42 U.S.C. 9611), and for con- view panels in order to ensure that priority is thorized by 5 U.S.C. 3109, but at rates for indi- struction, alteration, repair, rehabilitation, and given to programs that demonstrate quality, in- viduals not to exceed the per diem rate equiva- renovation of facilities, not to exceed $75,000 per novation, replicability, and sustainability: Pro- lent to the rate for GS–18; procurement of lab- project; not to exceed $1,263,400,000, to remain vided further, That not more than $18,000,000 of oratory equipment and supplies; other operating available until expended, consisting of the funds made available under this heading expenses in support of research and develop- $1,013,400,000 as authorized by section 517(a) of shall be available for the Civilian Community ment; construction, alteration, repair, rehabili- the Superfund Amendments and Reauthoriza- Corps authorized under subtitle E of title I of tation and renovation of facilities, not to exceed tion Act of 1986 (SARA), as amended by Public the Act (42 U.S.C. 12611 et seq.): Provided fur- $75,000 per project; $525,000,000, which shall re- Law 101–508 (of which, $100,000,000 shall not be- ther, That not more than $43,000,000 shall be main available until September 30, 1997. come available until September 1, 1996), and available for school-based and community-based ENVIRONMENTAL PROGRAMS AND MANAGEMENT $250,000,000 as a payment from general revenues service-learning programs authorized under sub- For environmental programs and manage- to the Hazardous Substance Superfund as au- title B of title I of the Act (42 U.S.C. 12521 et ment, including necessary expenses, not other- thorized by section 517(b) of SARA, as amended seq.): Provided further, That not more than wise provided for, for personnel and related by Public Law 101–508: Provided, That funds $15,000,000 shall be available for quality and in- costs and travel expenses, including uniforms, appropriated under this heading may be allo- novation activities authorized under subtitle H or allowances therefore, as authorized by 5 cated to other Federal agencies in accordance of title I of the Act (42 U.S.C. 12653 et seq.): Pro- U.S.C. 5901–5902; services as authorized by 5 with section 111(a) of CERCLA: Provided fur- vided further, That not more than $5,000,000 U.S.C. 3109, but at rates for individuals not to ther, That $11,000,000 of the funds appropriated shall be available for audits and other evalua- exceed the per diem rate equivalent to the rate under this heading shall be transferred to the tions authorized under section 179 of the Act (42 for GS–18; hire of passenger motor vehicles; hire, Office of Inspector General appropriation to re- U.S.C. 12639), of which up to $500,000 shall be maintenance, and operation of aircraft; pur- main available until September 30, 1996: Pro- available for a study by the National Academy chase of reprints; library memberships in soci- vided further, That notwithstanding section of Public Administration on the structure, orga- eties or associations which issue publications to 111(m) of CERCLA or any other provision of nization, and management of the Corporation members only or at a price to members lower law, not to exceed $59,000,000 of the funds ap- and activities supported by the Corporation, in- than to subscribers who are not members; con- propriated under this heading shall be available cluding an assessment of the quality, innova- struction, alteration, repair, rehabilitation, and to the Agency for Toxic Substances and Disease tion, replicability, and sustainability without renovation of facilities, not to exceed $75,000 per Registry to carry out activities described in sec- Federal funds of such activities, and the Fed- project; and not to exceed $6,000 for official re- tions 104(i), 111(c)(4), and 111(c)(14) of CERCLA eral and non-federal cost of supporting partici- ception and representation expenses; and section 118(f) of the Superfund Amendments pants in community service activities: Provided $1,590,300,000, which shall remain available and Reauthorization Act of 1986: Provided fur- further, That no funds from any other appro- until September 30, 1997: Provided, That, not- ther, That none of the funds appropriated priation, or from funds otherwise made avail- withstanding any other provision of law, for under this heading shall be available for the able to the Corporation, shall be used to pay for this fiscal year and hereafter, an industrial dis- Agency for Toxic Substances and Disease Reg- personnel compensation and benefits, travel, or charger that is a pharmaceutical manufacturing istry to issue in excess of 40 toxicological profiles any other administrative expense for the Board facility and discharged to the Kalamazoo Water pursuant to section 104(i) of CERCLA during of Directors, the Office of the Chief Executive Reclamation Plant (an advanced wastewater fiscal year 1996: Provided further, That none of Officer, the Office of the Managing Director, treatment plant with activated carbon) prior to the funds made available under this heading the Office of the Chief Financial Officer, the the date of enactment of this Act may be ex- may be used by the Environmental Protection Office of National and Community Service Pro- empted from categorical pretreatment standards Agency to propose for listing or to list any addi- grams, the Civilian Community Corps, or any under section 307(b) of the Federal Water Pollu- tional facilities on the National Priorities List field office or staff of the Corporation working tion Control Act, as amended, if the following established by section 105 of the Comprehensive on the National and Community Service or Ci- conditions are met: Environmental Response, Compensation and Li- vilian Community Corps programs: Provided (1) the owner or operator of the Kalamazoo ability Act (CERCLA), as amended (42 U.S.C. further, That to the maximum extent prac- Water Reclamation Plant applies to the State of 9605), unless the Administrator receives a writ- ticable, the Corporation shall increase signifi- Michigan for an exemption for such industrial ten request to propose for listing or to list a fa- cantly the level of matching funds and in-kind discharger, cility from the Governor of the State in which contributions provided by the private sector, (2) the State or Administrator, as applicable, the facility is located, or unless legislation to re- shall expand significantly the number of edu- approves such exemption request based upon a authorize CERCLA is enacted.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00189 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2530 CONGRESSIONAL RECORD — SENATE March 20, 1996

LEAKING UNDERGROUND STORAGE TANK TRUST title VI of the Federal Water Pollution Control by auction or public sale, and to apply any FUND Act, as amended, if no drinking water State refunds received to costs related to the transfer of (INCLUDING TRANSFER OF FUNDS) volving fund legislation is enacted by June 1, the real property authorized hereunder. 1996: Provided further, That of the funds made For necessary expenses to carry out leaking EXECUTIVE OFFICE OF THE PRESIDENT available under this heading for capitalization underground storage tank cleanup activities au- OFFICE OF SCIENCE AND TECHNOLOGY POLICY grants for State Revolving Funds under title VI thorized by section 205 of the Superfund Amend- For necessary expenses of the Office of of the Federal Water Pollution Control Act, as ments and Reauthorization Act of 1986, and for Science and Technology Policy, in carrying out amended, $50,000,000 shall be for wastewater construction, alteration, repair, rehabilitation, the purposes of the National Science and Tech- treatment in impoverished communities pursu- and renovation of facilities, not to exceed nology Policy, Organization, and Priorities Act ant to section 102(d) of H.R. 961 as approved by $75,000 per project, $45,827,000, to remain avail- of 1976 (42 U.S.C. 6601 and 6671), hire of pas- the United States House of Representatives on able until expended: Provided, That no more senger motor vehicles, services as authorized by May 16, 1995: Provided further, That of the than $7,000,000 shall be available for adminis- 5 U.S.C. 3109, not to exceed $2,500 for official refunds appropriated in the Construction Grants trative expenses: Provided further, That $500,000 ception and representation expenses, and rental and Water Infrastructure/State Revolving shall be transferred to the Office of Inspector of conference rooms in the District of Columbia, Funds accounts since the appropriation for the General appropriation to remain available until $4,981,000: Provided, That the Office of Science fiscal year ending September 30, 1992, and here- September 30, 1996. and Technology Policy shall reimburse other after, for making grants for wastewater treat- agencies for not less than one-half of the per- OIL SPILL RESPONSE ment works construction projects, portions may sonnel compensation costs of individuals de- (INCLUDING TRANSFER OF FUNDS) be provided by the recipients to States for man- tailed to it. For expenses necessary to carry out the Envi- aging construction grant activities, on condition ronmental Protection Agency’s responsibilities that the States agree to reimburse the recipients COUNCIL ON ENVIRONMENTAL QUALITY AND under the Oil Pollution Act of 1990, $15,000,000, from State funding sources: Provided further, OFFICE OF ENVIRONMENTAL QUALITY to be derived from the Oil Spill Liability trust That the funds made available in Public Law For necessary expenses to continue functions fund, and to remain available until expended: 103–327 for a grant to the City of Mt. Arlington, assigned to the Council on Environmental Qual- Provided, That not more than $8,000,000 of these New Jersey, in accordance with House Report ity and Office of Environmental Quality pursu- funds shall be available for administrative ex- 103–715, shall be available for a grant to that ant to the National Environmental Policy Act of penses. city for water and sewer improvements. 1969, the Environmental Improvement Act of STATE AND TRIBAL ASSISTANCE GRANTS ADMINISTRATIVE PROVISIONS 1970 and Reorganization Plan No. 1 of 1977, $2,180,000. For environmental programs and infrastruc- SEC. 301. None of the funds provided in this ture assistance, including capitalization grants Act may be used within the Environmental Pro- FEDERAL EMERGENCY MANAGEMENT AGENCY for State revolving funds and performance part- tection Agency for any final action by the Ad- DISASTER RELIEF nership grants, $2,423,000,000, to remain avail- ministrator or her delegate for signing and pub- For necessary expenses in carrying out the able until expended, of which $1,500,000,000 lishing for promulgation of a rule concerning functions of the Robert T. Stafford Disaster Re- shall be for making capitalization grants for any new standard for radon in drinking water. lief and Emergency Assistance Act (42 U.S.C. State revolving funds to support water infra- SEC. 302. None of the funds provided in this 5121 et seq.), $222,000,000, to remain available structure financing; $100,000,000 for architec- Act may be used during fiscal year 1996 to sign, until expended. tural, engineering, design, construction and re- promulgate, implement or enforce the require- DISASTER ASSISTANCE DIRECT LOAN PROGRAM lated activities in connection with the construc- ment proposed as ‘‘Regulation of Fuels and Fuel ACCOUNT tion of high priority water and wastewater fa- Additives: Individual Foreign Refinery Baseline For the cost of direct loans, $2,155,000, as au- cilities in the area of the United States-Mexico Requirements for Reformulated Gasoline’’ at thorized by section 319 of the Robert T. Stafford Border, after consultation with the appropriate volume 59 of the Federal Register at pages 22800 Disaster Relief and Emergency Assistance Act border commission; $50,000,000 for grants to the through 22814. (42 U.S.C. 5121 et seq.): Provided, That such State of Texas, which shall be matched by an SEC. 303. None of the funds appropriated to costs, including the cost of modifying such equal amount of State funds from State re- the Environmental Protection Agency for fiscal loans, shall be as defined in section 502 of the sources, for the purpose of improving waste- year 1996 may be used to implement section Congressional Budget Act of 1974, as amended: water treatment for colonias; $15,000,000 for 404(c) of the Federal Water Pollution Control Provided further, That these funds are available grants to the State of Alaska, subject to an ap- Act, as amended. No pending action by the En- to subsidize gross obligations for the principal propriate cost share as determined by the Ad- vironmental Protection Agency to implement amount of direct loans not to exceed $25,000,000. ministrator, to address wastewater infrastruc- section 404(c) with respect to an individual per- In addition, for administrative expenses to ture needs of rural and Alaska Native villages; mit shall remain in effect after the date of en- carry out the direct loan program, $95,000. and $100,000,000 for making grants for the con- actment of this Act. SALARIES AND EXPENSES struction of wastewater treatment facilities and SEC. 304. None of the funds appropriated For necessary expenses, not otherwise pro- the development of groundwater in accordance under this Act may be used to implement the re- vided for, including hire and purchase of motor with the terms and conditions specified for such quirements of section 186(b)(2), section 187(b) or vehicles (31 U.S.C. 1343); uniforms, or allow- grants in the Conference Report accompanying section 211(m) of the Clean Air Act (42 U.S.C. ances therefor, as authorized by 5 U.S.C. 5901– this Act (H.R. 2099): Provided, That beginning 7512(b)(2), 7512a(b), or 7545(m)) with respect to 5902; services as authorized by 5 U.S.C. 3109, but in fiscal year 1996 and each fiscal year there- any moderate nonattainment area in which the at rates for individuals not to exceed the per after, and notwithstanding any other provision average daily winter temperature is below 0 de- diem rate equivalent to the rate for GS–18; ex- of law, the Administrator is authorized to make grees Fahrenheit. The preceding sentence shall penses of attendance of cooperating officials grants annually from funds appropriated under not be interpreted to preclude assistance from and individuals at meetings concerned with the this heading, subject to such terms and condi- the Environmental Protection Agency to the work of emergency preparedness; transportation tions as the Administrator shall establish, to State of Alaska to make progress toward meeting in connection with the continuity of Govern- any State or federally recognized Indian tribe the carbon monoxide standard in such areas ment programs to the same extent and in the for multimedia or single media pollution preven- and to resolve remaining issues regarding the same manner as permitted the Secretary of a tion, control and abatement and related envi- use of oxygenated fuels in such areas. Military Department under 10 U.S.C. 2632; and ronmental activities at the request of the Gov- SEC. 305. Notwithstanding any other provision not to exceed $2,500 for official reception and ernor or other appropriate State official or the of law, the Environmental Protection Agency representation expenses; $168,900,000. tribe: Provided further, That from funds appro- shall: (1) transfer all real property acquired in priated under this heading, the Administrator Bay City, Michigan, for the creation of the Cen- OFFICE OF THE INSPECTOR GENERAL may make grants to federally recognized Indian ter for Ecology, Research and Training (CERT) For necessary expenses of the Office of the In- governments for the development of multimedia to the City of Bay City or other local public or spector General in carrying out the provisions of environmental programs: Provided further, That municipal entity; and (2) make a grant in fiscal the Inspector General Act of 1978, as amended, of the $1,500,000,000 for capitalization grants for year 1996 to the recipient of the property of not $4,673,000. State revolving funds to support water infra- less than $3,000,000 from funds previously ap- EMERGENCY MANAGEMENT PLANNING AND structure financing, $325,000,000 shall be for propriated for the CERT project for the purpose ASSISTANCE drinking water State revolving funds, but if no of environmental remediation and rehabilitation For necessary expenses, not otherwise pro- drinking water State revolving fund legislation of real property included in the boundaries of vided for, to carry out activities under the Na- is enacted by June 1, 1996, these funds shall im- the CERT project. The disposition of property tional Flood Insurance Act of 1968, as amended, mediately be available for making capitalization shall be by donation or no-cost transfer and and the Flood Disaster Protection Act of 1973, grants under title VI of the Federal Water Pol- shall be made to the City of Bay City, Michigan as amended (42 U.S.C. 4001 et seq.), the Robert lution Control Act, as amended: Provided fur- or other local public or municipal entity. T. Stafford Disaster Relief and Emergency As- ther, That of the funds made available in Public Further, notwithstanding any other provision sistance Act (42 U.S.C. 5121 et seq.), the Earth- Law 103–327 and in Public Law 103–124 for cap- of law, the agency shall have the authority to quake Hazards Reduction Act of 1977, as amend- italization grants for State revolving funds to demolish or dispose of any improvements on ed (42 U.S.C. 7701 et seq.), the Federal Fire Pre- support water infrastructure financing, such real property, or to donate, sell, or transfer vention and Control Act of 1974, as amended (15 $225,000,000 shall be made available for capital- any personal property or improvements on such U.S.C. 2201 et seq.), the Defense Production Act ization grants for State revolving funds under real property to members of the general public, of 1950, as amended (50 U.S.C. App. 2061 et

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00190 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2531 seq.), sections 107 and 303 of the National Secu- tion of real and personal property, and acquisi- 30, 1996 and may be used to enter into contracts rity Act of 1947, as amended (50 U.S.C. 404–405), tion or condemnation of real property, as au- for training, investigations, cost associated with and Reorganization Plan No. 3 of 1978, thorized by law; space flight, spacecraft control personnel relocation, and for other services, to $203,044,000. and communications activities including oper- be provided during the next fiscal year. EMERGENCY FOOD AND SHELTER PROGRAM ations, production, and services; and purchase, The unexpired balances of prior appropria- There is hereby appropriated $100,000,000 to lease, charter, maintenance, and operation of tions to NASA for activities for which funds are the Federal Emergency Management Agency to mission and administrative aircraft; provided under this Act may be transferred to carry out an emergency food and shelter pro- $5,456,600,000, to remain available until Sep- the new account established for the appropria- gram pursuant to title III of Public Law 100–77, tember 30, 1997. tion that provides funds for such activity under as amended: Provided, That total administrative SCIENCE, AERONAUTICS AND TECHNOLOGY this Act. Balances so transferred may be merged costs shall not exceed three and one-half per For necessary expenses, not otherwise pro- with funds in the newly established account centum of the total appropriation. vided for, for the conduct and support of and thereafter may be accounted for as one NATIONAL FLOOD INSURANCE FUND science, aeronautics, and technology research fund to be available for the same purposes and For activities under the National Flood Insur- and development activities, including research; under the same terms and conditions. ance Act of 1968, the Flood Disaster Protection development; operations; services; maintenance; Upon the determination by the Administrator Act of 1973, and the National Flood Insurance construction of facilities including repair, reha- that such action is necessary, the Administrator Reform Act of 1994, not to exceed $20,562,000 for bilitation and modification of real and personal may, with the approval of the Office of Manage- salaries and expenses associated with flood miti- property, and acquisition or condemnation of ment and Budget, transfer not to exceed gation and flood insurance operations, and not real property, as authorized by law; space $50,000,000 of funds made available in this Act to exceed $70,464,000 for flood mitigation, in- flight, spacecraft control and communications to the National Aeronautics and Space Adminis- cluding up to $12,000,000 for expenses under sec- activities including operations, production, and tration between such appropriations or any sub- tion 1366 of the National Flood Insurance Act of services; and purchase, lease, charter, mainte- division thereof, to be merged with and to be 1968, as amended, which amount shall be avail- nance, and operation of mission and adminis- available for the same purposes, and for the able until September 30, 1997. In fiscal year 1996, trative aircraft; $5,845,900,000, to remain avail- same time period, as the appropriation to which no funds in excess of (1) $47,000,000 for oper- able until September 30, 1997. transferred: Provided, That such authority to transfer may not be used unless for higher priating expenses, (2) $292,526,000 for agents’ com- MISSION SUPPORT missions and taxes, and (3) $3,500,000 for inter- ority items, based on unforeseen requirements, For necessary expenses, not otherwise pro- than those for which originally appropriated: est on Treasury borrowings shall be available vided for, in carrying out mission support for from the National Flood Insurance Fund with- Provided further, That the Administrator of the human space flight programs and science, aero- National Aeronautics and Space Administration out prior notice to the Committees on Appropria- nautical, and technology programs, including tions. shall notify the Congress promptly of all trans- research operations and support; space commu- fers made pursuant to this authority. ADMINISTRATIVE PROVISION nications activities including operations, pro- The Director of the Federal Emergency Man- duction, and services; maintenance; construc- NATIONAL CREDIT UNION ADMINISTRATION agement Agency shall promulgate through rule- tion of facilities including repair, rehabilitation, CENTRAL LIQUIDITY FACILITY making a methodology for assessment and col- and modification of facilities, minor construc- During fiscal year 1996, gross obligations of lection of fees to be assessed and collected begin- tion of new facilities and additions to existing the Central Liquidity Facility for the principal ning in fiscal year 1996 applicable to persons facilities, facility planning and design, environ- amount of new direct loans to member credit subject to the Federal Emergency Management mental compliance and restoration, and acquisi- unions as authorized by the National Credit Agency’s radiological emergency preparedness tion or condemnation of real property, as au- Union Central Liquidity Facility Act (12 U.S.C. regulations. The aggregate charges assessed thorized by law; program management; per- 1795) shall not exceed $600,000,000: Provided, pursuant to this section during fiscal year 1996 sonnel and related costs, including uniforms or That administrative expenses of the Central Li- shall approximate, but not be less than, 100 per allowances therefor, as authorized by law (5 quidity Facility in fiscal year 1996 shall not ex- centum of the amounts anticipated by the Fed- U.S.C. 5901–5902); travel expenses; purchase, ceed $560,000. eral Emergency Management Agency to be obli- lease, charter, maintenance, and operation of NATIONAL SCIENCE FOUNDATION gated for its radiological emergency prepared- mission and administrative aircraft; not to ex- RESEARCH AND RELATED ACTIVITIES ness program for such fiscal year. The method- ceed $35,000 for official reception and represen- For necessary expenses in carrying out the ology for assessment and collection of fees shall tation expenses; and purchase (not to exceed purposes of the National Science Foundation be fair and equitable, and shall reflect the full thirty-three for replacement only) and hire of Act of 1950, as amended (42 U.S.C. 1861–1875), amount of costs of providing radiological emer- passenger motor vehicles; $2,502,200,000, to re- and the Act to establish a National Medal of gency planning, preparedness, response and as- main available until September 30, 1997. Science (42 U.S.C. 1880–1881); services as author- sociated services. Such fees will be assessed in a OFFICE OF INSPECTOR GENERAL ized by 5 U.S.C. 3109; maintenance and oper- manner that reflects the use of agency resources For necessary expenses of the Office of the In- ation of aircraft and purchase of flight services for classes of regulated persons and the adminis- spector General in carrying out the provisions of for research support; acquisition of aircraft; trative costs of collecting such fees. Fees re- the Inspector General Act of 1978, as amended, $2,274,000,000, of which not to exceed ceived pursuant to this section shall be depos- $16,000,000. $235,000,000 shall remain available until ex- ited in the general fund of the Treasury as off- ADMINISTRATIVE PROVISIONS pended for Polar research and operations sup- setting receipts. Assessment and collection of port, and for reimbursement to other Federal such fees are only authorized during fiscal year (INCLUDING TRANSFER OF FUNDS) agencies for operational and science support 1996. Notwithstanding the limitation on the avail- and logistical and other related activities for the GENERAL SERVICES ADMINISTRATION ability of funds appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and technology’’, United States Antarctic program; the balance to CONSUMER INFORMATION CENTER or ‘‘Mission support’’ by this appropriations remain available until September 30, 1997: Pro- For necessary expenses of the Consumer Infor- Act, when any activity has been initiated by the vided, That receipts for scientific support serv- mation Center, including services authorized by incurrence of obligations for construction of fa- ices and materials furnished by the National Re- 5 U.S.C. 3109, $2,061,000, to be deposited into the cilities as authorized by law, the amount avail- search Centers and other National Science Consumer Information Center Fund: Provided, able for such activity shall remain available Foundation supported research facilities may be That the appropriations, revenues and collec- until expended. This provision does not apply to credited to this appropriation: Provided further, tions deposited into the fund shall be available the amounts appropriated in ‘‘Mission support’’ That to the extent that the amount appropriated for necessary expenses of Consumer Information pursuant to the authorization for repair, reha- is less than the total amount authorized to be Center activities in the aggregate amount of bilitation and modification of facilities, minor appropriated for included program activities, all $7,500,000. Administrative expenses of the Con- construction of new facilities and additions to amounts, including floors and ceilings, specified sumer Information Center in fiscal year 1996 existing facilities, and facility planning and de- in the authorizing Act for those program activi- shall not exceed $2,602,000. Appropriations, rev- sign. ties or their subactivities shall be reduced pro- enues, and collections accruing to this fund dur- Notwithstanding the limitation on the avail- portionally. ing fiscal year 1996 in excess of $7,500,000 shall ability of funds appropriated for ‘‘Human space MAJOR RESEARCH EQUIPMENT remain in the fund and shall not be available flight’’, ‘‘Science, aeronautics and technology’’, For necessary expenses in carrying out major for expenditure except as authorized in appro- or ‘‘Mission support’’ by this appropriations construction projects, and related expenses, pur- priations Acts. Act, the amounts appropriated for construction suant to the purposes of the National Science NATIONAL AERONAUTICS AND SPACE of facilities shall remain available until Sep- Foundation Act of 1950, as amended (42 U.S.C. ADMINISTRATION tember 30, 1998. 1861–1875), $70,000,000, to remain available until HUMAN SPACE FLIGHT Notwithstanding the limitation on the avail- expended. For necessary expenses, not otherwise pro- ability of funds appropriated for ‘‘Mission sup- ACADEMIC RESEARCH INFRASTRUCTURE vided for, in the conduct and support of human port’’ and ‘‘Office of Inspector General’’, For necessary expenses in carrying out an space flight research and development activities, amounts made available by this Act for per- academic research infrastructure program pur- including research; development; operations; sonnel and related costs and travel expenses of suant to the purposes of the National Science services; maintenance; construction of facilities the National Aeronautics and Space Adminis- Foundation Act of 1950, as amended (42 U.S.C. including repair, rehabilitation, and modifica- tration shall remain available until September 1861–1875), including services as authorized by 5

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00191 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2532 CONGRESSIONAL RECORD — SENATE March 20, 1996 U.S.C. 3109 and rental of conference rooms in corporation or agency and in accord with law, the payee or payees and the items or services for the District of Columbia, $100,000,000, to remain and to make such contracts and commitments which such expenditure is being made, or available until September 30, 1997. without regard to fiscal year limitations as pro- (B) the expenditure of funds pursuant to such EDUCATION AND HUMAN RESOURCES vided by section 104 of the Act as may be nec- certification, and without such a voucher or ab- For necessary expenses in carrying out science essary in carrying out the programs set forth in stract, is specifically authorized by law; and and engineering education and human resources the budget for 1996 for such corporation or (2) unless such expenditure is subject to audit programs and activities pursuant to the pur- agency except as hereinafter provided: Provided, by the General Accounting Office or is specifi- poses of the National Science Foundation Act of That collections of these corporations and agen- cally exempt by law from such audit. SEC. 506. None of the funds provided in this 1950, as amended (42 U.S.C. 1861–1875), includ- cies may be used for new loan or mortgage pur- Act to any department or agency may be ex- ing services as authorized by 5 U.S.C. 3109 and chase commitments only to the extent expressly pended for the transportation of any officer or rental of conference rooms in the District of Co- provided for in this Act (unless such loans are in support of other forms of assistance provided employee of such department or agency between lumbia, $599,000,000, to remain available until his domicile and his place of employment, with September 30, 1997: Provided, That to the extent for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage the exception of any officer or employee author- that the amount of this appropriation is less ized such transportation under title 31, United insurance or guaranty operations of these cor- than the total amount authorized to be appro- States Code, section 1344. porations, or where loans or mortgage purchases priated for included program activities, all SEC. 507. None of the funds provided in this amounts, including floors and ceilings, specified are necessary to protect the financial interest of Act may be used for payment, through grants or in the authorizing Act for those program activi- the United States Government. contracts, to recipients that do not share in the ties or their subactivities shall be reduced pro- RESOLUTION TRUST CORPORATION cost of conducting research resulting from pro- portionally. OFFICE OF INSPECTOR GENERAL posals not specifically solicited by the Govern- SALARIES AND EXPENSES For necessary expenses of the Office of In- ment: Provided, That the extent of cost sharing For necessary salaries and expenses in car- spector General in carrying out the provisions of by the recipient shall reflect the mutuality of in- rying out the purposes of the National Science the Inspector General Act of 1978, as amended, terest of the grantee or contractor and the Gov- Foundation Act of 1950, as amended (42 U.S.C. $11,400,000. ernment in the research. 1861–1875); services authorized by 5 U.S.C. 3109; TITLE V SEC. 508. None of the funds provided in this hire of passenger motor vehicles; not to exceed GENERAL PROVISIONS Act may be used, directly or through grants, to $9,000 for official reception and representation pay or to provide reimbursement for payment of SEC. 501. Where appropriations in titles I, II, expenses; uniforms or allowances therefor, as the salary of a consultant (whether retained by and III of this Act are expendable for travel ex- authorized by law (5 U.S.C. 5901–5902); rental of the Federal Government or a grantee) at more penses and no specific limitation has been conference rooms in the District of Columbia; re- than the daily equivalent of the rate paid for placed thereon, the expenditures for such travel imbursement of the General Services Administra- Level IV of the Executive Schedule, unless spe- expenses may not exceed the amounts set forth tion for security guard services; $127,310,000: cifically authorized by law. therefor in the budget estimates submitted for Provided, That contracts may be entered into SEC. 509. None of the funds in this Act shall the appropriations: Provided, That this section under salaries and expenses in fiscal year 1996 be used to pay the expenses of, or otherwise shall not apply to travel performed by uncom- for maintenance and operation of facilities, and compensate, non-Federal parties intervening in pensated officials of local boards and appeal for other services, to be provided during the next regulatory or adjudicatory proceedings. Nothing boards of the Selective Service System; to travel fiscal year. herein affects the authority of the Consumer performed directly in connection with care and OFFICE OF INSPECTOR GENERAL Product Safety Commission pursuant to section treatment of medical beneficiaries of the Depart- 7 of the Consumer Product Safety Act (15 U.S.C. For necessary expenses of the Office of In- ment of Veterans Affairs; to travel performed in 2056 et seq.). spector General in carrying out the provisions of connection with major disasters or emergencies SEC. 510. Except as otherwise provided under the Inspector General Act of 1978, as amended, declared or determined by the President under existing law or under an existing Executive $4,490,000, to remain available until September the provisions of the Robert T. Stafford Disaster order issued pursuant to an existing law, the ob- 30, 1997. Relief and Emergency Assistance Act; to travel ligation or expenditure of any appropriation NATIONAL SCIENCE FOUNDATION HEADQUARTERS performed by the Offices of Inspector General in under this Act for contracts for any consulting RELOCATION connection with audits and investigations; or to service shall be limited to contracts which are For necessary support of the relocation of the payments to interagency motor pools where sep- (1) a matter of public record and available for National Science Foundation, $5,200,000: Pro- arately set forth in the budget schedules: Pro- public inspection, and (2) thereafter included in vided, That these funds shall be used to reim- vided further, That if appropriations in titles I, a publicly available list of all contracts entered burse the General Services Administration for II, and III exceed the amounts set forth in budg- into within twenty-four months prior to the date services and related acquisitions in support of et estimates initially submitted for such appro- on which the list is made available to the public relocating the National Science Foundation. priations, the expenditures for travel may cor- and of all contracts on which performance has NEIGHBORHOOD REINVESTMENT CORPORATION respondingly exceed the amounts therefor set not been completed by such date. The list re- PAYMENT TO THE NEIGHBORHOOD REINVESTMENT forth in the estimates in the same proportion. quired by the preceding sentence shall be up- CORPORATION SEC. 502. Appropriations and funds available dated quarterly and shall include a narrative For payment to the Neighborhood Reinvest- for the administrative expenses of the Depart- description of the work to be performed under ment Corporation for use in neighborhood rein- ment of Housing and Urban Development and each such contract. SEC. 511. Except as otherwise provided by law, vestment activities, as authorized by the Neigh- the Selective Service System shall be available in no part of any appropriation contained in this borhood Reinvestment Corporation Act (42 the current fiscal year for purchase of uniforms, Act shall be obligated or expended by any exec- U.S.C. 8101–8107), $38,667,000. or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor vehi- utive agency, as referred to in the Office of Fed- SELECTIVE SERVICE SYSTEM cles; and services as authorized by 5 U.S.C. 3109. eral Procurement Policy Act (41 U.S.C. 401 et SALARIES AND EXPENSES SEC. 503. Funds of the Department of Housing seq.) for a contract for services unless such exec- For necessary expenses of the Selective Service and Urban Development subject to the Govern- utive agency (1) has awarded and entered into System, including expenses of attendance at ment Corporation Control Act or section 402 of such contract in full compliance with such Act meetings and of training for uniformed per- the Housing Act of 1950 shall be available, with- and the regulations promulgated thereunder, sonnel assigned to the Selective Service System, out regard to the limitations on administrative and (2) requires any report prepared pursuant as authorized by law (5 U.S.C. 4101–4118) for ci- expenses, for legal services on a contract or fee to such contract, including plans, evaluations, vilian employees; and not to exceed $1,000 for of- basis, and for utilizing and making payment for studies, analyses and manuals, and any report ficial reception and representation expenses; services and facilities of Federal National Mort- prepared by the agency which is substantially $22,930,000: Provided, That during the current gage Association, Government National Mort- derived from or substantially includes any re- fiscal year, the President may exempt this ap- gage Association, Federal Home Loan Mortgage port prepared pursuant to such contract, to con- propriation from the provisions of 31 U.S.C. Corporation, Federal Financing Bank, Resolu- tain information concerning (A) the contract 1341, whenever he deems such action to be nection Trust Corporation, Federal Reserve banks pursuant to which the report was prepared, and essary in the interest of national defense: Pro- or any member thereof, Federal Home Loan (B) the contractor who prepared the report pur- vided further, That none of the funds appro- banks, and any insured bank within the mean- suant to such contract. priated by the Act may be expended for or in ing of the Federal Deposit Insurance Corpora- SEC. 512. Except as otherwise provided in sec- connection with the induction of any person tion Act, as amended (12 U.S.C. 1811–1831). tion 506, none of the funds provided in this Act into the Armed Forces of the United States. SEC. 504. No part of any appropriation con- to any department or agency shall be obligated or expended to provide a personal cook, chauf- TITLE IV tained in this Act shall remain available for obligation beyond the current fiscal year unless feur, or other personal servants to any officer or CORPORATIONS expressly so provided herein. employee of such department or agency. Corporations and agencies of the Department SEC. 505. No funds appropriated by this Act SEC. 513. None of the funds provided in this of Housing and Urban Development which are may be expended— Act to any department or agency shall be obli- subject to the Government Corporation Control (1) pursuant to a certification of an officer or gated or expended to procure passenger auto- Act, as amended, are hereby authorized to make employee of the United States unless— mobiles as defined in 15 U.S.C. 2001 with an such expenditures, within the limits of funds (A) such certification is accompanied by, or is EPA estimated miles per gallon average of less and borrowing authority available to each such part of, a voucher or abstract which describes than 22 miles per gallon.

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SEC. 514. Such sums as may be necessary for gress as an emergency requirement pursuant to in the Balanced Budget and Emergency Deficit fiscal year 1996 pay raises for programs funded section 251(b)(2)(D)(i) of the Balanced Budget Control Act of 1985, as amended, is transmitted by this Act shall be absorbed within the levels and Emergency Deficit Control Act of 1985, as by the President to Congress: Provided further, appropriated in this Act. amended. That the entire amount is designated by Con- SEC. 515. None of the funds appropriated in CONSOLIDATED FARM SERVICE AGENCY gress as an emergency requirement pursuant to title I of this Act shall be used to enter into any EMERGENCY CONSERVATION PROGRAM section 251(b)(2)(D)(i) of the Balanced Budget new lease of real property if the estimated an- For necessary expenses to carry into effect the and Emergency Deficit Control Act of 1985, as nual rental is more than $300,000 unless the Sec- program authorized in sections 401, 402, and 404 amended. retary submits, in writing, a report to the Com- of title IV of the Agricultural Credit Act of 1978 ADMINISTRATIVE PROVISION mittees on Appropriations of the Congress and a (16 U.S.C. 2201–2205) for expenses resulting from With the prior approval of the House and Sen- period of 30 days has expired following the date floods in the Pacific Northwest and other nat- ate Committees on Appropriations, funds appro- on which the report is received by the Commit- ural disasters, $30,000,000, to remain available priated to the Department of Agriculture under tees on Appropriations. until expended, as authorized by 16 U.S.C. 2204: this chapter may be transferred by the Secretary SEC. 516. (a) PURCHASE OF AMERICAN-MADE Provided, That the entire amount shall be avail- of Agriculture between accounts of the Depart- EQUIPMENT AND PRODUCTS.—It is the sense of able only to the extent that an official budget ment of Agriculture included in this Act to sat- the Congress that, to the greatest extent prac- request for a specific dollar amount, that in- isfy emergency disaster funding requirements. ticable, all equipment and products purchased cludes designation of the entire amount of the CHAPTER 2 with funds made available in this Act should be request as an emergency requirement as defined DEPARTMENTS OF COMMERCE, JUSTICE, American-made. in the Balanced Budget and Emergency Deficit AND STATE, THE JUDICIARY, AND RE- (b) NOTICE REQUIREMENT.—In providing fi- Control Act of 1985, as amended, is transmitted LATED AGENCIES nancial assistance to, or entering into any con- by the President to Congress: Provided further, tract with, any entity using funds made avail- That the entire amount is designated by Con- DEPARTMENT OF COMMERCE able in this Act, the head of each Federal agen- gress as an emergency requirement pursuant to ECONOMIC DEVELOPMENT ADMINISTRATION cy, to the greatest extent practicable, shall pro- section 251(b)(2)(D)(i) of the Balanced Budget ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS vide to such entity a notice describing the state- and Emergency Deficit Control Act of 1985, as For an additional amount for emergency ex- ment made in subsection (a) by the Congress. amended. SEC. 517. None of the funds appropriated in penses resulting from flooding in the Pacific this Act may be used to implement any cap on RURAL HOUSING AND COMMUNITY DEVELOPMENT Northwest, and in the Devils Lake Basin in reimbursements to grantees for indirect costs, ex- SERVICE North Dakota $25,000,000, to remain available cept as published in Office of Management and RURAL HOUSING INSURANCE FUND PROGRAM until expended for grants and related expenses Budget Circular A–21. ACCOUNT pursuant to the Public Works and Economic De- SEC. 518. None of the funds made available in For an additional amount for the ‘‘Rural velopment Act of 1965, as amended; and in addi- this Act may be used for any program, project, Housing Insurance Fund Program Account’’ for tion, $2,500,000 for administrative expenses to re- or activity, when it is made known to the Fed- the cost of direct loans to assist in the recovery main available until expended, which may be eral entity or official to which the funds are from floods in the Pacific Northwest and other transferred to and merged with the appropria- made available that the program, project, or ac- natural disasters, to remain available until ex- tions for ‘‘Salaries and expenses’’: Provided, tivity is not in compliance with any Federal law pended, $5,000,000 for the cost of section 502 di- That the entire amount is hereby designated by relating to risk assessment, the protection of pri- rect loans; and $1,500,000 for the cost of section Congress as an emergency requirement pursuant vate property rights, or unfunded mandates. 504 housing repair loans: Provided, That the en- to section 251(b)(2)(D)(i) of the Balanced Budget SEC. 519. In fiscal year 1996, the Director of tire amount shall be available only to the extent and Emergency Deficit Control Act of 1985, as the Federal Emergency Management Agency that an official budget request for a specific dol- amended: Provided further, That the entire shall sell the disaster housing inventory of mo- lar amount, that includes designation of the en- amount shall be available only to the extent an bile homes and trailers, and the proceeds thereof tire amount of the request as an emergency re- official budget request, for a specific dollar shall be deposited in the Treasury. quirement as defined in the Balanced Budget amount, that includes designation of the entire SEC. 520. Such funds as may be necessary to and Emergency Deficit Control Act of 1985, as amount of the request as an emergency require- carry out the orderly termination of the Office amended, is transmitted by the President to ment as defined in the Balanced Budget and of Consumer Affairs shall be made available Congress: Provided further, That the entire Emergency Deficit Control Act of 1985, as from funds appropriated to the Department of amount is designated by Congress as an emer- amended, is transmitted to Congress. Health and Human Services for fiscal year 1996. gency requirement pursuant to section NATIONAL OCEANIC AND ATMOSPHERIC This Act may be cited as the ‘‘Departments of 251(b)(2)(D)(i) of the Balanced Budget and ADMINISTRATION Veterans Affairs and Housing and Urban Devel- Emergency Deficit Control Act of 1985, as CONSTRUCTION opment, and Independent Agencies Appropria- amended. For an additional amount for ‘‘Construction’’ tions Act, 1996’’. VERY LOW-INCOME HOUSING REPAIR GRANTS for emergency expenses resulting from flooding TITLE II—EMERGENCY SUPPLEMENTAL For an additional amount for ‘‘Very Low-In- in the Pacific Northwest and other natural dis- APPROPRIATIONS FOR THE FISCAL come Housing Repair Grants’’ to make housing asters, $10,000,000, to remain available until ex- YEAR ENDING SEPTEMBER 30, 1996 repairs needed as a result of floods and other pended: Provided, That the entire amount is natural disasters, pursuant to Section 504 of the CHAPTER 1 hereby designated by Congress as an emergency Housing Act of 1949, as amended, $1,100,000, to requirement pursuant to section 251(b)(2)(D)(i) DEPARTMENT OF AGRICULTURE remain available until expended: Provided, That of the Balanced Budget and Emergency Deficit NATURAL RESOURCES CONSERVATION SERVICE the entire amount shall be available only to the Control Act of 1985, as amended. extent that an official budget request for a spe- WATERSHED AND FLOOD PREVENTION OPERATIONS RELATED AGENCY cific dollar amount, that includes designation of For an additional amount for ‘‘Watershed and SMALL BUSINESS ADMINISTRATION Flood Prevention Operations’’ to repair damages the entire amount of the request as an emer- DISASTER LOANS PROGRAM ACCOUNT to waterways and watersheds resulting from gency requirement as defined in the Balanced For an additional amount for ‘‘Disaster Loans flooding in the Pacific Northwest, the Northeast Budget and Emergency Deficit Control Act of Program Account’’, $69,700,000 for the cost of di- blizzards and floods, and other natural disas- 1985, as amended, is transmitted by the Presi- rect loans, to remain available until expended: ters, $107,514,000, to remain available until ex- dent to Congress: Provided further, That the en- Provided, That such costs, including the cost of pended: Provided, That if the Secretary deter- tire amount is designated by Congress as an modifying such loans, shall be as defined in sec- mines that the cost of land and farm structures emergency requirement pursuant to section tion 502 of the Congressional Budget Act of 1974; restoration exceeds the fair market value of an 251(b)(2)(D)(i) of the Balanced Budget and and for administrative expenses to carry out the affected cropland, the Secretary may use suffi- Emergency Deficit Control Act of 1985, as direct loan program, $30,300,000, to remain cient amounts from funds provided under this amended. available until expended: Provided, That both heading to accept bids from willing sellers to RURAL UTILITIES SERVICE amounts are hereby designated by Congress as provide conservation easements for such crop- RURAL UTILITIES ASSISTANCE PROGRAM emergency requirements pursuant to section land inundated by floods as provided for by the For an additional amount for the ‘‘Rural Util- 251(b)(2)(D)(i) of the Balanced Budget and Wetlands Reserve Program, authorized by sub- ities Assistance Program’’ for the cost of direct Emergency Deficit Control Act of 1985, as chapter C of chapter 1 of subtitle D of title XII loans and grants to assist in the recovery from amended. of the Food Security Act of 1985 (16 U.S.C. 3837): floods in the Pacific Northwest and other nat- Provided further, That the entire amount shall ural disasters, $11,000,000, to remain available CHAPTER 3 be available only to the extent that an official until expended: Provided, That such funds may ENERGY AND WATER DEVELOPMENT budget request for a specific dollar amount, that be available for emergency community water as- DEPARTMENT OF DEFENSE—CIVIL includes designation of the entire amount of the sistance grants as authorized by 7 U.S.C. 1926b: DEPARTMENT OF THE ARMY request as an emergency requirement as defined Provided further, That the entire amount shall in the Balanced Budget and Emergency Deficit be available only to the extent that an official CORPS OF ENGINEERS—CIVIL Control Act of 1985, as amended, is transmitted budget request for a specific dollar amount, that OPERATION AND MAINTENANCE, GENERAL by the President to Congress: Provided further, includes designation of the entire amount of the For an additional amount for ‘‘Operation and That the entire amount is designated by Con- request as an emergency requirement as defined Maintenance, General’’, $30,000,000, to remain

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00193 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2534 CONGRESSIONAL RECORD — SENATE March 20, 1996 available until expended: Provided, That the en- tion of the entire amount of the request as an gress as an emergency requirement pursuant to tire amount shall be available only to the extent emergency requirement as defined in the Bal- section 251(b)(2)(D)(i) of the Balanced Budget that an official budget request for a specific dol- anced Budget and Emergency Deficit Control and Emergency Deficit Control Act of 1985, as lar amount, that includes designation of the en- Act of 1985, as amended, is transmitted by the amended. tire amount of the request as an emergency re- President to Congress: Provided further, That BUREAU OF INDIAN AFFAIRS quirement as defined in the Balanced Budget the entire amount is designated by Congress as OPERATION OF INDIAN PROGRAMS and Emergency Deficit Control Act of 1985, as an emergency requirement pursuant to section For an additional amount for ‘‘Operation of amended, is transmitted by the President to 251(b)(2)(D)(i) of the Balanced Budget and Indian Programs’’, $500,000, to remain available Congress: Provided further, That the entire Emergency Deficit Control Act of 1985, as until September 30, 1998, for emergency oper- amount is designated by Congress as an emer- amended. ations and repairs related to winter floods: Pro- gency requirement pursuant to section UNITED STATES FISH AND WILDLIFE SERVICE vided, That the entire amount shall be available 251(b)(2)(D)(i) of the Balanced Budget and RESOURCE MANAGEMENT only to the extent that an official budget request Emergency Deficit Control Act of 1985, as For an additional amount for Resource Man- for a specific dollar amount, that includes des- amended. agement, $1,600,000, to remain available until ignation of the entire amount of the request as FLOOD CONTROL AND COASTAL EMERGENCIES expended, to provide technical assistance to the an emergency requirement as defined in the Bal- For an additional amount for ‘‘Flood Control Natural Resource Conservation Service, the Fed- anced Budget and Emergency Deficit Control and Coastal Emergencies’’, $135,000,000, to re- eral Emergency Management Agency, the Act of 1985, as amended, is transmitted by the main available until expended: Provided, That United States Army Corps of Engineers and President to Congress: Provided further, That the entire amount shall be available only to the other agencies on fish and wildlife habitat the entire amount is designated by Congress as extent that an official budget request for a spe- issues related to damage caused by floods, an emergency requirement pursuant to section cific dollar amount, that includes designation of storms and other acts of nature: Provided, That 251(b)(2)(D)(i) of the Balanced Budget and the entire amount of the request as an emer- the entire amount shall be available only to the Emergency Deficit Control Act of 1985, as gency requirement as defined in the Balanced extent that an official budget request for a spe- amended. Budget and Emergency Deficit Control Act of cific dollar amount, that includes designation of CONSTRUCTION 1985, as amended, is transmitted by the Presi- the entire amount of the request as an emer- For an additional amount for ‘‘Construction’’, dent to Congress: Provided further, That the en- gency requirement as defined in the Balanced $16,500,000, to remain available until expended, tire amount is designated by Congress as an Budget and Emergency Deficit Control Act of for emergency repairs related to winter floods: emergency requirement pursuant to section 1985, as amended, is transmitted by the Presi- Provided, That the entire amount shall be avail- 251(b)(2)(D)(i) of the Balanced Budget and dent to Congress: Provided further, That the enable only to the extent that an official budget Emergency Deficit Control Act of 1985, as tire amount is designated by Congress as an request for a specific dollar amount, that in- amended. emergency requirement pursuant to section cludes designation of the entire amount of the DEPARTMENT OF THE INTERIOR 251(b)(D)(i) of the Balanced Budget and Emer- request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit BUREAU OF RECLAMATION gency Deficit Control Act of 1985, as amended. CONSTRUCTION Control Act of 1985, as amended, is transmitted CONSTRUCTION PROGRAM For an additional amount for ‘‘Construction’’, by the President to Congress: Provided further, For an additional amount for the ‘‘Construc- That the entire amount is designated by Con- $37,300,000, to remain available until expended, tion Program’’, $18,000,000, to remain available gress as an emergency requirement pursuant to to repair damage caused by hurricanes, floods until expended: Provided, That the entire section 251(b)(2)(D)(i) of the Balanced Budget and other acts of nature, and to protect natural amount shall be available only to the extent and Emergency Deficit Control Act of 1985, as resources in the Devils Lake Basin in North Da- that an official budget request for a specific dol- amended. kota: Provided, That the entire amount shall be lar amount, that includes designation of the en- available only to the extent that an official TERRITORIAL AND INTERNATIONAL AFFAIRS tire amount of the request as an emergency re- budget request for a specific dollar amount, that ASSISTANCE TO TERRITORIES quirement as defined in the Balanced Budget includes designation of the entire amount of the For an additional amount for ‘‘Assistance to and Emergency Deficit Control Act of 1985, as request as an emergency requirement as defined Territories’’, $13,000,000, to remain available amended, is transmitted by the President to in the Balanced Budget and Emergency Deficit until expended, for recovery efforts from Hurri- Congress: Provided further, That the entire Control Act of 1985, as amended, is transmitted cane Marilyn: Provided, That the entire amount amount is designated by Congress as an emer- by the President to Congress: Provided further, shall be available only to the extent that an of- gency requirement pursuant to section That the entire amount is designated by Con- ficial budget request for a specific dollar 251(b)(2)(D)(i) of the Balanced Budget and gress as an emergency requirement pursuant to amount, that includes designation of the entire Emergency Deficit Control Act of 1985, as section 251(b)(2)(D)(i) of the Balanced Budget amount of the request as an emergency require- amended. and Emergency Deficit Control Act of 1985, as ment as defined in the Balanced Budget and CHAPTER 4 amended. Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to DEPARTMENT OF THE INTERIOR AND NATIONAL PARK SERVICE RELATED AGENCIES Congress: Provided further, That the entire CONSTRUCTION DEPARTMENT OF THE INTERIOR amount is designated by Congress as an emer- For an additional amount for ‘‘Construction’’, gency requirement pursuant to section BUREAU OF LAND MANAGEMENT $47,000,000, to remain available until expended, 251(b)(2)(D)(i) of the Balanced Budget and CONSTRUCTION AND ACCESS to repair damage caused by hurricanes, floods Emergency Deficit Control Act of 1985, as For an additional amount for ‘‘Construction and other acts of nature: Provided, That the en- amended. and Access’’, $5,000,000, to remain available tire amount shall be available only to the extent DEPARTMENT OF AGRICULTURE that an official budget request for a specific dol- until expended, to repair roads, culverts, NATIONAL FOREST SYSTEM lar amount, that includes designation of the en- bridges, facilities, fish and wildlife protective For an additional amount for ‘‘National For- tire amount of the request as an emergency re- structures, and recreation sites, damaged due to est System’’, $26,600,000, to remain available quirement as defined in the Balanced Budget the Pacific Northwest flooding: Provided, That until expended, to repair damage caused by hur- and Emergency Deficit Control Act of 1985, as the entire amount shall be available only to the ricanes, floods and other acts of nature, includ- amended, is transmitted by the President to extent that an official budget request for a spe- ing $300,000 for the costs associated with re- Congress: Provided further, That the entire cific dollar amount, that includes designation of sponse and rehabilitation, including access re- amount is designated by Congress as an emer- the entire amount of the request as an emer- pairs, at the Amalgamated Mill site in the Wil- gency requirement pursuant to section gency requirement as defined in the Balanced lamette National Forest containing sulphur-rich 251(b)(2)(D)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act of and other mining tailings in order to prevent 1985, as amended, is transmitted by the Presi- Emergency Deficit Control Act of 1985, as contamination of Battle Ax Creek, and the Lit- dent to Congress: Provided further, That the en- amended. tle North Fork of the Santiam River, from which tire amount is designated by Congress as an UNITED STATES GEOLOGICAL SURVEY the City of Salem, Oregon, obtains its municipal emergency requirement pursuant to section SURVEYS, INVESTIGATIONS, AND RESEARCH water supply: Provided, That the entire amount 251(b)(2)(D)(i) of the Balanced Budget and For an additional amount for ‘‘Surveys, inves- shall be available only to the extent that an of- Emergency Deficit Control Act of 1985, as tigations, and research’’, $2,000,000, to remain ficial budget request for a specific dollar amended. available until September 30, 1997, for the costs amount, that includes designation of the entire OREGON AND CALIFORNIA GRANT LANDS related to hurricanes, floods and other acts of amount of the request as an emergency require- For an additional amount for ‘‘Oregon and nature: Provided, That the entire amount shall ment as defined in the Balanced Budget and California Grant Lands’’, $35,000,000, to remain be available only to the extent that an official Emergency Deficit Control Act of 1985, as available until expended, to repair roads, cul- budget request for a specific dollar amount, that amended, is transmitted by the President to verts, bridges, facilities, fish and wildlife protec- includes designation of the entire amount of the Congress: Provided further, That the entire tive structures, and recreation sites, damaged request as an emergency requirement as defined amount is designated by Congress as an emer- due to the Pacific Northwest flooding: Provided, in the Balanced Budget and Emergency Deficit gency requirement pursuant to section That the entire amount shall be available only Control Act of 1985, as amended, is transmitted 251(b)(2)(D)(i) of the Balanced Budget and to the extent that an official budget request for by the President to Congress: Provided further, Emergency Deficit Control Act of 1985, as a specific dollar amount, that includes designa- That the entire amount is designated by Con- amended.

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CONSTRUCTION Budget and Emergency Deficit Control Act of gency requirement pursuant to section For an additional amount for ‘‘Construction’’, 1985, as amended, is transmitted by the Presi- 251(b)(2)(D)(i) of the Balanced Budget and $60,800,000, to remain available until expended: dent to Congress: Provided further, That the en- Emergency Deficit Control Act of 1985, as Provided, That the entire amount shall be avail- tire amount is designated by Congress as an amended. able only to the extent that an official budget emergency requirement pursuant to section CHAPTER 7 251(b)(2)(D)(i) of the Balanced Budget and request for a specific dollar amount, that in- FOREIGN OPERATIONS, EXPORT Emergency Deficit Control Act of 1985, as cludes designation of the entire amount of the FINANCING, AND RELATED AGENCIES request as an emergency requirement as defined amended: Provided further, That all funds made in the Balanced Budget and Emergency Deficit available under this head are to remain avail- FUNDS APPROPRIATED TO THE Control Act of 1985, as amended, is transmitted able until September 30, 1997. PRESIDENT by the President to Congress: Provided further, FEDERAL TRANSIT ADMINISTRATION UNANTICIPATED NEEDS That the entire amount is designated by Con- MASS TRANSIT CAPITAL FUND UNANTICIPATED NEEDS FOR DEFENSE gress as an emergency requirement pursuant to OF ISRAEL AGAINST TERRORISM section 251(b)(2)(D)(i) of the Balanced Budget (LIQUIDATION OF CONTRACT AUTHORIZATION) For emergency expenses necessary to meet un- and Emergency Deficit Control Act of 1985, as (HIGHWAY TRUST FUND) anticipated needs for the acquisition and provi- amended. For an additional amount for payment of obli- sion of goods, services, and/or grants for Israel CHAPTER 5 gations incurred in carrying out 49 U.S.C. 5338(b) administered by the Federal Transit Ad- necessary to support the eradication of terrorism DEPARTMENT OF TRANSPORTATION ministration, $375,000,000, to be derived from the in and around Israel, $50,000,000: Provided, OFFICE OF THE SECRETARY Highway Trust Fund and to remain available That none of the funds appropriated in this PAYMENTS TO AIR CARRIERS until expended. paragraph shall be available for obligation except through the regular notification procedures The first proviso under the head ‘‘Payments CHAPTER 6 to Air Carriers’’ in Title I of the Department of of the Committees on Appropriations: Provided DEPARTMENTS OF VETERANS AFFAIRS Transportation and Related Agencies Appro- further, That the entire amount is designated by AND HOUSING AND URBAN DEVELOP- priations Act, 1996 (Public Law 104–50), is Congress as an emergency requirement pursuant MENT AND INDEPENDENT AGENCIES amended to read as follows: ‘‘Provided, That to section 251(b)(2)(D)(i) of the Balanced Budget none of the funds in this Act shall be available DEPARTMENT OF HOUSING AND URBAN and Emergency Deficit Control Act of 1985, as for the implementation or execution of programs DEVELOPMENT amended. in excess of $22,600,000 from the Airport and Air- COMMUNITY PLANNING AND DEVELOPMENT AGENCY FOR INTERNATIONAL DEVELOPMENT way Trust Fund for the Payments to Air Car- COMMUNITY DEVELOPMENT GRANTS ASSISTANCE FOR EASTERN EUROPE AND THE riers program in fiscal year 1996:’’. For an additional amount for ‘‘Community BALTIC STATES FEDERAL HIGHWAY ADMINISTRATION development grants’’, $100,000,000, to remain For an additional amount for ‘‘Assistance for FEDERAL-AID HIGHWAYS available until September 30, 1998, for emergency Eastern Europe and the Baltic States’’ for Bos- nia and Herzegovina, including demining assist- (HIGHWAY TRUST FUND) expenses and repairs related to recent Presi- ance, $200,000,000, of which amount $5,000,000 For the Emergency Fund authorized by 23 dentially declared disaster areas, including up shall be used for the administrative expenses of U.S.C. 125 to cover expenses arising from the to $10,000,000 which may be made for rental sub- the U.S. Agency for International Development: January 1996 flooding in the Mid-Atlantic, sidy contracts under the section 8 existing hous- Provided, That not to exceed $5,000,000 of such Northeast, and Northwest States and other dis- ing certificate program and the housing voucher funds and any other funds appropriated under asters, $300,000,000, to be derived from the High- program under section 8 of the United States the same heading for fiscal year 1996 is available way Trust Fund and to remain available until Housing Act of 1937, as amended, except that for the cost of modifying direct loans and loan expended: Provided, That the entire amount such amount shall be available only for tem- guarantees, as defined in section 502 of the Con- shall be available only to the extent that an of- porary housing assistance, not in excess of one gressional Budget Act of 1974: Provided further, ficial budget request for a specific dollar year in duration, and shall not be subject to re- That contracts to carry out programs using such amount, that includes designation of the entire newal: Provided, That the entire amount shall funds shall, to the maximum extent practicable, amount of the request as an emergency require- be available only to the extent that an official be entered into with companies organized under ment as defined in the Balanced Budget and budget request for a specific dollar amount, that the laws of a State of the United States and or- Emergency Deficit Control Act of 1985, as includes designation of the entire amount of the ganizations (including community chests, funds, amended, is transmitted by the President to request as an emergency requirement as defined foundations, non-incorporated businesses, and Congress: Provided further, That such amount in the Balanced Budget and Emergency Deficit other institutions) organized in the United is designated by Congress as an emergency re- Control Act of 1985, as amended, is transmitted States: Provided further, That none of the funds quirement pursuant to section 251(b)(2)(D)(i) of by the President to Congress: Provided further, appropriated or otherwise made available under the Balanced Budget and Emergency Deficit That the entire amount is designated by Con- this heading shall be obligated except through Control Act of 1985, as amended: Provided fur- gress as an emergency requirement pursuant to the regular notification procedures of the Com- ther, That the provisions of 23 U.S.C. 125(b)(1) section 251(b)(2)(D)(i) of the Balanced Budget mittees on Appropriations: Provided further, shall not apply to projects relating to the Janu- and Emergency Deficit Control Act of 1985, as That the entire amount appropriated is des- ary 1996 flooding in the Mid-Atlantic, North- amended. ignated by Congress as an emergency require- east, and Northwest States. FEDERAL EMERGENCY MANAGEMENT AGENCY ment pursuant to section 251(b)(2)(D)(i) of the FEDERAL RAILROAD ADMINISTRATION DISASTER RELIEF Balanced Budget and Emergency Deficit Con- LOCAL RAIL FREIGHT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) trol Act of 1985, as amended: Provided further, For expenses pursuant to subtitle 5 of the De- For an additional amount for ‘‘Disaster Re- That funds appropriated by this Act for eco- partment of Transportation Act (49 U.S.C.), to lief’’, $150,000,000, to remain available until ex- nomic reconstruction may only be made avail- repair and rebuild rail lines of other than class pended, which, in whole or in part, may be able for projects, activities, or programs within I railroads as defined by the Surface Transpor- transferred to the Disaster Assistance Direct the sector assigned to American forces of the tation Board or railroads owned or controlled by Loan Program Account for the cost of direct NATO Military Implementation Force (IFOR) a class I railroad, having carried 5 million gross loans as authorized under section 417 of the and Sarajevo: Provided further, That priority ton miles or less per mile during the prior year, Robert T. Stafford Disaster Relief and Emer- consideration shall be given to projects and ac- and damaged as a result of the floods of 1996, gency Assistance Act (42 U.S.C. 5121 et seq.): tivities designated in the IFOR ‘‘Task Force $10,000,000: Provided, That for the purposes of Provided, That such transfer may be made to Eagle civil military project list’’: Provided fur- administering this emergency relief, the Sec- subsidize gross obligations for the principal ther, That no funds made available under this retary of Transportation shall have authority to amount of direct loans not to exceed $170,000,000 Act, or any other Act, may be obligated for the make funds available notwithstanding section under section 417 of the Stafford Act: Provided purposes of rebuilding or repairing housing in 22101, (a)(1) and (3) and (d), sections 22102 to further, That any such transfer of funds shall areas where refugees or displaced persons are 22104, section 22105(a) and section 22108, (a) and be made only upon certification by the Director refused the right of return by Federation or (b) of 49 U.S.C. as the Secretary deems appro- of the Federal Emergency Management Agency local authorities due to ethnicity or political priate and shall consider the extent to which the that all requirements of section 417 of the Staf- party affiliation: Provided further, That no State has available unexpended local rail freight ford Act will be complied with: Provided further, funds may be made available under this heading assistance funds or available repaid loan funds: That the entire amount of this appropriation in this Act, or any other Act, to any banking or Provided further, That, notwithstanding 49 shall be available only to the extent that an of- financial institution in Bosnia and Herzegovina U.S.C. chapter 221, the Secretary may prescribe ficial budget request for a specific dollar unless such institutions agree in advance, and the form and time for applications for assistance amount, that includes designation of the entire in writing, to allow the United States General made available herein: Provided further, That amount of the request as an emergency require- Accounting Office access for the purposes of the entire amount shall be available only to the ment as defined in the Balanced Budget and audit of the use of United States assistance: extent that an official budget request for a spe- Emergency Deficit Control Act of 1985, as Provided further, That effective ninety days cific dollar amount, that includes designation of amended, is transmitted by the President to after the date of enactment of this Act, none of the entire amount of the request as an emer- Congress: Provided further, That the entire the funds appropriated under this heading may gency requirement as defined in the Balanced amount is designated by Congress as an emer- be made available for the purposes of

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economic reconstruction in Bosnia and craft/NDAA may be used for multiyear procure- ‘‘(5) EMPLOYMENT OPPORTUNITY OUTREACH.— Herzegovina unless the President determines ment contracts for C–17 aircraft: Provided, That The Secretary shall take appropriate actions to and certifies in writing to the Committee on Ap- the duration of multiyear contracts awarded make available to recipients of scholarships or propriations that the aggregate bilateral con- under the authority of this section may be for a fellowships under the program information on tributions pledged by non-United States donors period not to exceed seven program years, not- employment opportunities in the departments for economic reconstruction are at least equiva- withstanding section 2306b(1) of title 10, United and agencies of the Federal Government having lent to the United States bilateral contributions States Code: Provided further, That the author- responsibility for national security matters.’’. made under this Act and in the fiscal year 1995 ity under this section may not be used to enter SEC. 808. (a)(1) Section 1177 of title 10, United and fiscal year 1996 Foreign Operations, Export into a multiyear procurement contract until the States Code, relating to mandatory discharge or Financing and Related Programs Appropria- earlier of (1) May 24, 1996, or (2) the day after retirement of members of the Armed Forces in- tions bills. the date of the enactment of an Act that con- fected with HIV–1 virus, is repealed. Except for funds made available for demining tains a provision authorizing the Department of (2) The table of sections at the beginning of activities, no funds may be provided under this Defense to enter into a multiyear contract for chapter 59 of such title is amended by striking heading in this Act until the President certifies the C–17 aircraft program. out the item relating to section 1177. to the Committees on Appropriations that: SEC. 804. (a) In addition to the amounts made (b) Subsection (b) of section 567 of the Na- (1) The Federation of Bosnia and Herzegovina available in Public Law 104–61 under the head- tional Defense Authorization Act for Fiscal is in compliance with Article III, Annex 1A of ing ‘‘Research, Development, Test and Evalua- Year 1996 is repealed. the Dayton Agreement; and tion, Defense-Wide’’, $50,000,000 is hereby made (TRANSFER OF FUNDS) (2) Intelligence cooperation on training, inves- available to continue the activities of the semi- SEC. 809. Of the funds appropriated or other- tigations, or related activities between Iranian conductor manufacturing consortium known as wise made available in title IV of the Depart- officials and Bosnian officials has been termi- Sematech. ment of Defense Appropriations Act, 1996 (Pub- nated. (b) Of the funds made available in Public Law lic Law 104–61) under the paragraph ‘‘RE- MILITARY ASSISTANCE 104–61 under the heading ‘‘Research, Develop- SEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE’’, $44,900,000 are transferred to and FOREIGN MILITARY FINANCING PROGRAM ment, Test and Evaluation, Army’’, $7,000,000 are rescinded. merged with funds appropriated or otherwise For an additional amount for ‘‘Foreign Mili- (c) Of the funds made available in Public Law made available under title II of that Act under tary Financing Program’’ for grants for Jordan 104–61 under the heading ‘‘Research, Develop- the paragraph ‘‘OPERATION AND MAINTENANCE, pursuant to section 23 of the Arms Export Con- ment, Test and Evaluation, Navy’’, $12,500,000 AIR FORCE’’ and shall be available for obliga- trol Act, $70,000,000: Provided, That such funds are rescinded. tion and expenditure for the operation and may be used for Jordan to finance transfers by (d) Of the funds made available in Public Law maintenance of 94 B–52H bomber aircraft in ac- lease of defense articles under chapter 6 of such 104–61 under the heading ‘‘Research, Develop- tive status or in attrition reserve. Act. ment, Test and Evaluation, Air Force’’, SEC. 810. Of the funds made available in Pub- CHAPTER 8 $16,000,000 are rescinded. lic Law 104–61 under the heading ‘‘RESEARCH, DEPARTMENT OF DEFENSE (e) Of the funds made available in Public Law DEVELOPMENT, TEST AND EVALUATION, DE- FENSE-WIDE’’, $500,000 of the funds provided for MILITARY PERSONNEL 104–61 under the heading ‘‘Research, Develop- ment, Test and Evaluation, Defense-Wide’’, the Advanced Research Projects Agency may be MILITARY PERSONNEL, ARMY $14,500,000 are rescinded. available to purchase photographic technology For an additional amount for ‘‘Military Per- (f) Of the funds rescinded under subsection (e) to support research in detonation physics: Pro- sonnel, Army’’, $244,400,000. of this provision, none of the reduction shall be vided, That the Director of Defense Research MILITARY PERSONNEL, NAVY applied to the Ballistic Missile Defense Organi- and Engineering shall provide the congressional defense committees on appropriations with a For an additional amount for ‘‘Military Per- zation. plan for the acquisition and use of this instru- sonnel, Navy’’, $11,700,000. SEC. 805. Of the funds appropriated in title II of Public Law 104–61, under the heading ‘‘Over- ment no later than April 29, 1996. MILITARY PERSONNEL, MARINE CORPS SEC. 811. Of the funds made available in Pub- seas Humanitarian, Disaster, and Civic Aid’’, lic Law 104–61 under the heading ‘‘RESEARCH, For an additional amount for ‘‘Military Per- for training and activities related to the clearing DEVELOPMENT, TEST AND EVALUATION, DE- sonnel, Marine Corps’’, $2,600,000. of landmines for humanitarian purposes, up to FENSE-WIDE’’, up to $2,000,000 of the funds pro- MILITARY PERSONNEL, AIR FORCE $15,000,000 may be transferred to ‘‘Operations vided for the Joint DoD-DoE Munitions Tech- For an additional amount for ‘‘Military Per- and Maintenance, Defense Wide’’, to be avail- nology Development program element shall be sonnel, Air Force’’, $27,300,000. able for the payment of travel, transportation used to develop and test an open-architecture and subsistence expenses of Department of De- OPERATION AND MAINTENANCE machine tool controller. fense personnel incurred in carrying out hu- OPERATION AND MAINTENANCE, ARMY manitarian assistance activities related to the CHAPTER 9 For an additional amount for ‘‘Operation and detection and clearance of landmines. DEPARTMENT OF DEFENSE Maintenance, Army’’, $195,000,000. SEC. 806. Notwithstanding any other provision MILITARY CONSTRUCTION OPERATION AND MAINTENANCE, MARINE CORPS of law, $15,000,000 made available for ‘‘Oper- NORTH ATLANTIC TREATY ORGANIZATION For an additional amount for ‘‘Operation and ations and Maintenance, Army’’ in P.L. 104–61 SECURITY INVESTMENT PROGRAM Maintenance, Marine Corps’’, $900,000. shall be obligated for the remediation of envi- For an additional amount for ‘‘North Atlantic ronmental contamination at the National Presto OPERATION AND MAINTENANCE, AIR FORCE Treaty Organization Security Investment Pro- Industries, Inc. site in Eau Claire, Wisconsin. gram’’, $37,500,000, to remain available until ex- For an additional amount for ‘‘Operation and These funds shall be obligated only for the im- Maintenance, Air Force’’, $190,000,000. pended: Provided, That the Secretary of Defense plementation and execution of the 1988 agree- may make additional contributions for the OPERATION AND MAINTENANCE, DEFENSE-WIDE ment between the Department of the Army and North Atlantic Treaty Organization as provided For an additional amount for ‘‘Operation and National Presto Industries, Inc. in section 2806 of title 10, United States Code: Maintenance, Defense-Wide’’, $79,800,000. SEC. 807. (a) Subsection (b) of section 802 of Provided further, That the entire amount is des- PROCUREMENT the David L. Boren National Security Education ignated by Congress as an emergency require- Act of 1991 (50 U.S.C. 1902) is amended by add- OTHER PROCUREMENT, AIR FORCE ment pursuant to section 251(b)(2)(D)(i) of the ing after paragraph (3), flush to the subsection Balanced Budget and Emergency Deficit Con- For an additional amount for ‘‘Other Procure- margin, the following: trol Act of 1985, as amended. ment, Air Force’’, $26,000,000. ‘‘Notwithstanding any other provision of law, GENERAL PROVISIONS GENERAL PROVISION including the matter under the heading ‘NA- SEC. 901. LAND CONVEYANCE, ARMY RESERVE (TRANSFER OF FUNDS) TIONAL SECURITY EDUCATION TRUST FUND’ in CENTER, GREENSBORO, ALABAMA. SEC. 801. Section 8005 of the Department of title VII of Public Law 104–61, the work of an (a) CONVEYANCE AUTHORIZED.—The Secretary Defense Appropriations Act, 1996 (Public Law individual accepting a scholarship or fellowship of the Army may convey, without consideration, 104–61), is amended by striking out under the program shall be the work specified in to Hale County, Alabama, all right, title, and ‘‘$2,400,000,000’’ and inserting in lieu thereof paragraph (2), or such other work as the indi- interest of the United States in and to a parcel ‘‘$2,700,000,000’’. vidual and the Secretary agree upon under an of real property consisting of approximately 5.17 SEC. 802. Notwithstanding any other provision agreement having modified service requirements acres and located at the Army Reserve Center, of law, funds appropriated in the Department of pursuant to subsection (f).’’. Greensboro, Alabama, that was conveyed by Defense Appropriations Act, 1996 (Public Law (b) Such section is further amended by adding Hale County, Alabama, to the United States by 104–61) under the heading ‘‘Aircraft Procure- at the end the following: warranty deed dated September 12, 1988. ment, Air Force’’ may be obligated for advance ‘‘(f) AUTHORITY TO MODIFY SERVICE AGREE- (b) DESCRIPTION OF PROPERTY.—The exact procurement and procurement of F–15E aircraft. MENT REQUIREMENTS.—The Secretary shall have acreage and legal description of the property SEC. 803. Funds appropriated under the head- sole authority to modify, amend, or revise the conveyed under subsection (a) shall be as de- ing, ‘‘Aircraft Procurement, Air Force,’’ in Pub- requirements under subsection (b) that apply to scribed in the deed referred to in that sub- lic Laws 104–61, 103–335, and 103–139 that are or service agreements.’’. section. remain available for C–17 airframes, C–17 air- (c) Subsection (a) of such section is amended (c) ADDITIONAL TERMS AND CONDITIONS.—The craft engines, and complementary widebody air- by adding at the end the following: Secretary may require such additional terms

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00196 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2537 and conditions in connection with the convey- that such waiver is required to facilitate the ob- Congress that the effects of those restrictions ance under this section as the Secretary con- ligation and use of such funds would not be in- would be that the demand for family planning siders appropriate to protect the interests of the consistent with the overall purpose of the stat- services would be less likely to be met and that United States. ute or regulation. there would be a significant increase in abor- CHAPTER 10 SEC. 1202. No part of any appropriation con- tions than would otherwise be the case in the tained in this title shall remain available for ob- absence of such restrictions. RESCINDING CERTAIN BUDGET ligation beyond the current fiscal year unless SEC. 3002. Section 308(d) of the Interjurisdic- AUTHORITY expressly so provided herein. tional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is FOREIGN OPERATIONS, EXPORT SEC. 1203. ALLOCATION OF FUNDS. amended— FINANCING, AND RELATED PROGRAMS Notwithstanding any other provision of this (1) in the heading, by striking ‘‘GRANTS’’ and EXPORT AND INVESTMENT ASSISTANCE title, funds made available under this title for inserting ‘‘ASSISTANCE’’; EXPORT-IMPORT BANK OF THE UNITED STATES emergency or disaster assistance programs of the (2) in paragraph (1), by striking ‘‘award grants to persons engaged in commercial fish- SUBSIDY APPROPRIATION Department of Agriculture, Department of Housing and Urban Development, Economic De- eries, for uninsured losses determined by the (RESCISSION) velopment Administration, National Park Serv- Secretary to have been suffered’’ and inserting Of the funds made available under this head- ice, Small Business Administration, and United ‘‘assist persons engaged in commercial fisheries ing in Public Law 104–107, $25,000,000 are re- States Fish and Wildlife Service shall be allo- by providing direct assistance to those persons scinded. cated in accordance with the established or by providing indirect assistance to those per- DEPARTMENT OF DEFENSE—MILITARY prioritization process of the respective Depart- sons through assistance to agencies of States and political subdivisions thereof and to non- PROCUREMENT ment, Administration, or Service. profit organizations, for projects or other meas- DEPARTMENT OF JUSTICE MISSILE PROCUREMENT, AIR FORCE ures designed to alleviate harm that the Sec- (RESCISSION) FEDERAL BUREAU OF INVESTIGATION retary determines was incurred’’; Of the funds made available under this head- SALARIES AND EXPENSES (3) in paragraph (3), by striking ‘‘a grant’’ ing in Public Law 103–335, $310,000,000 are re- For an additional amount for emergency ex- and inserting ‘‘direct assistance to a person’’; scinded. penses necessary to enhance the Federal Bureau (4) by striking ‘‘gross revenues annually,’’ in paragraph (3) and inserting ‘‘net annual rev- OTHER PROCUREMENT, AIR FORCE of Investigation’s efforts in the United States to combat Middle Eastern terrorism, $7,000,000, to enue from commercial fisheries,’’; (RESCISSION) remain available until expended: Provided, That (5) by striking paragraph (4) and inserting the Of the funds made available under this head- such activities shall include efforts to enforce following: ing in Public Law 103–335, $265,000,000 are re- Executive Order 12947 (‘‘Prohibiting Trans- ‘‘(4) Assistance may not be provided under scinded. actions with Terrorists Who Threaten to Disrupt this subsection as part of a fishing capacity re- RESEARCH, DEVELOPMENT, TEST AND the Middle East Peace Process’’) to prevent duction program in a fishery unless the Sec- EVALUATION fundraising in the United States on the behalf retary determines that— RESEARCH, DEVELOPMENT, TEST AND of organizations that support terror to under- ‘‘(A) adequate conservation and management EVALUATION, AIR FORCE mine the peace process: Provided further, That measures are in place in that fishery; and the entire amount is hereby designated by Con- ‘‘(B) adequate measures are in place to pre- (RESCISSION) vent the replacement of fishing capacity elimi- Of the funds made available under this head- gress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget nated by the program in that fishery.’’; and ing in Public Law 103–335, $245,000,000 are re- (6) in paragraph (5), by striking ‘‘for award- scinded. and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire ing grants’’ and all that follows through the CHAPTER 11 amount shall be available only to the extent an end of the paragraph and inserting ‘‘for pro- TREASURY, POSTAL SERVICE AND official budget request, for a specific dollar viding assistance under this subsection.’’. GENERAL GOVERNMENT amount, that includes designation of the entire SEC. 3003. BONNEVILLE POWER ADMINISTRATION amount of the request as an emergency require- REFINANCING. EXECUTIVE OFFICE OF THE PRESIDENT (a) DEFINITIONS.— AND ment as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as For the purposes of this section— FUNDS APPROPRIATED TO THE amended, is transmitted to Congress. (1) ‘‘Administrator’’ means the Administrator PRESIDENT of the Bonneville Power Administration; DEPARTMENT OF THE TREASURY OFFICE OF NATIONAL DRUG CONTROL POLICY (2) ‘‘capital investment’’ means a capitalized DEPARTMENTAL OFFICES cost funded by Federal appropriations that— SALARIES AND EXPENSES SALARIES AND EXPENSES (A) is for a project, facility, or separable unit (INCLUDING TRANSFER OF FUNDS) For an additional amount for emergency ex- or feature of a project or facility; For an additional amount for ‘‘Salaries and penses necessary to enhance the Office of For- (B) is a cost for which the Administrator is re- Expenses,’’ $3,900,000. eign Assets Control’s efforts in the United States quired by law to establish rates to repay to the INDEPENDENT AGENCIES to combat Middle Eastern terrorism, $3,000,000, United States Treasury through the sale of elec- GENERAL SERVICES ADMINISTRATION to remain available until expended: Provided, tric power, transmission, or other services; (C) excludes a Federal irrigation investment; FEDERAL BUILDINGS FUND That such activities shall include efforts to enforce Executive Order 12947 (‘‘Prohibiting and LIMITATIONS ON AVAILABILITY OF REVENUE Transactions with Terrorists Who Threaten to (D) excludes an investment financed by the (RESCISSION) Disrupt the Middle East Peace Process’’) to pre- current revenues of the Administrator or by Of the funds made available for installment vent fundraising in the United States on the be- bonds issued and sold, or authorized to be acquisition payments under this heading in half of organizations that support terror to un- issued and sold, by the Administrator under sec- Public Law 104–52, $3,500,000 are rescinded: Pro- dermine the peace process: Provided further, tion 13 of the Federal Columbia River Trans- vided, That of the funds made available for ad- That the entire amount is hereby designated by mission System Act (16 U.S.C. 838k); vance design under this heading in Public Law Congress as an emergency requirement pursuant (3) ‘‘new capital investment’’ means a capital 104–52, $200,000 are rescinded: Provided further, to section 251(b)(2)(D)(i) of the Balanced Budget investment for a project, facility, or separable That the aggregate amount made available to and Emergency Deficit Control Act of 1985, as unit or feature of a project or facility, placed in the Fund shall be $5,062,449,000. amended: Provided further, That the entire service after September 30, 1996; (4) ‘‘old capital investment’’ means a capital UNITED STATES TAX COURT amount, shall be available only to the extent an official budget request, for a specific dollar investment the capitalized cost of which— SALARIES AND EXPENSES (A) was incurred, but not repaid, before Octo- amount, that includes designation of the entire ber 1, 1996, and (RESCISSION) amount of the request as an emergency require- (B) was for a project, facility, or separable Of the funds made available under this head- ment as defined in the Balanced Budget and unit or feature of a project or facility, placed in ing in public law 104–52, $200,000 are rescinded. Emergency Deficit Control Act of 1985, as service before October 1, 1996; CHAPTER 12 amended, is transmitted to Congress. (5) ‘‘repayment date’’ means the end of the pe- This title may be cited as the ‘‘Emergency GENERAL PROVISIONS riod within which the Administrator’s rates are Supplemental Appropriations Act of 1996’’. SEC. 1201. In administering funds provided to assure the repayment of the principal amount herein for domestic assistance, the Secretary of TITLE III—MISCELLANEOUS PROVISIONS of a capital investment; and any involved department may waive or specify SEC. 3001. The President may make available (6) ‘‘Treasury rate’’ means— alternative requirements for any provision of funds for population planning activities or other (A) for an old capital investment, a rate deter- any statute or regulation that the Secretary ad- population assistance pursuant to programs mined by the Secretary of the Treasury, taking ministers in connection with the obligation by under title II and title IV of the Foreign Oper- into consideration prevailing market yields, dur- the Secretary or any use of the recipient of these ations, Export Financing, and Related Programs ing the month preceding October 1, 1996, on out- funds, except for the requirement related to civil Appropriations Act, 1996, Public Law 104–107, standing interest-bearing obligations of the rights, fair housing and nondiscrimination, the notwithstanding the provisions of section 518A United States with periods to maturity com- environment, and labor standards, upon finding of such Act, if he determines and reports to the parable to the period between October 1, 1996,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00197 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2538 CONGRESSIONAL RECORD — SENATE March 20, 1996 and the repayment date for the old capital in- amounts of old capital investments, as estab- (2) apart from charges necessary to repay the vestment; and lished under subsection (b), that the Adminis- new principal amount of an old capital invest- (B) for a new capital investment, a rate deter- trator may pay before their respective repayment as established under subsection (b) and to mined by the Secretary of the Treasury, taking ment dates shall not exceed $100,000,000. pay the interest on the principal amount under into consideration prevailing market yields, dur- (f) INTEREST RATES FOR NEW CAPITAL INVEST- subsection (c), no amount may be charged for ing the month preceding the beginning of the MENTS DURING CONSTRUCTION.— return to the United States Treasury as repay- fiscal year in which the related project, facility, (1) NEW CAPITAL INVESTMENT.—The principal ment for or return on an old capital investment, or separable unit or feature is placed in service, amount of a new capital investment includes in- whether by way of rate, rent, lease payment, as- on outstanding interest-bearing obligations of terest in each fiscal year of construction of the sessment, user charge, or any other fee; the United States with periods to maturity com- related project, facility, or separable unit or fea- (3) amounts provided under section 1304 of parable to the period between the beginning of ture at a rate equal to the one-year rate for the title 31, United States Code, shall be available to the fiscal year and the repayment date for the fiscal year on the sum of— pay, and shall be the sole source for payment of, new capital investment. (A) construction expenditures that were made a judgment against or settlement by the Admin- (b) NEW PRINCIPAL AMOUNTS.— from the date construction commenced through istrator or the United States on a claim for a (1) PRINCIPAL AMOUNT.—Effective October 1, the end of the fiscal year, and breach of the contract provisions required by 1996, an old capital investment has a new prin- (B) accrued interest during construction. this Part; and cipal amount that is the sum of— (2) PAYMENT.—The Administrator is not re- (4) the contract provisions specified in this (A) the present value of the old payment quired to pay, during construction of the Part do not— amounts for the old capital investment, cal- project, facility, or separable unit or feature, the (A) preclude the Administrator from recov- culated using a discount rate equal to the interest calculated, accrued, and capitalized ering, through rates or other means, any tax Treasury rate for the old capital investment; under subsection (f)(1). that is generally imposed on electric utilities in (3) ONE-YEAR RATE.—For the purposes of this and the United States, or (B) an amount equal to $100,000,000 multiplied section, ‘‘one-year rate’’ for a fiscal year means (B) affect the Administrator’s authority under by a fraction whose numerator is the principal a rate determined by the Secretary of the Treas- applicable law, including section 7(g) of the Pa- amount of the old payment amounts for the old ury, taking into consideration prevailing market cific Northwest Electric Power Planning and capital investment and whose denominator is yields, during the month preceding the begin- Conservation Act (16 U.S.C. 839e(g)), to— the sum of the principal amounts of the old pay- ning of the fiscal year, on outstanding interest- (i) allocate costs and benefits, including but ment amounts for all old capital investments. bearing obligations of the United States with pe- not limited to fish and wildlife costs, to rates or (2) DETERMINATION.—With the approval of the riods to maturity of approximately one year. resources, or Secretary of the Treasury based solely on con- (g) INTEREST RATES FOR NEW CAPITAL INVEST- (ii) design rates. sistency with this section, the Administrator MENTS.— (j) SAVINGS PROVISIONS.— The unpaid balance on the principal amount shall determine the new principal amounts (1) REPAYMENT.—This subchapter does not af- under subsection (b) and the assignment of in- of a new capital investment bears interest at the fect the obligation of the Administrator to repay terest rates to the new principal amounts under Treasury rate for the new capital investment the principal associated with each capital in- subsection (c). from the date the related project, facility, or vestment, and to pay interest on the principal, (3) OLD PAYMENT AMOUNTS.—For the purposes separable unit or feature is placed in service only from the ‘‘Administrator’s net proceeds,’’ of this subsection, ‘‘old payment amounts’’ until the earlier of the date the new capital in- as defined in section 13 of the Federal Columbia means, for an old capital investment, the an- vestment is repaid or the repayment date for the River Transmission System Act (16 U.S.C. nual interest and principal that the Adminis- new capital investment. 838k(b)). (h) CREDITS TO ADMINISTRATOR’S REPAYMENT trator would have paid to the United States (2) PAYMENT OF CAPITAL INVESTMENT.—Except Treasury from October 1, 1996, if this section TO THE UNITED STATES TREASURY.— as provided in subsection (e), this section does The Confederated Tribe of the Colville Res- had not been enacted, assuming that— not affect the authority of the Administrator to ervation Grand Coulee Dam Settlement Act (A) the principal were repaid— pay all or a portion of the principal amount as- (Public Law No. 103–436; 108 Stat. 4577) is (i) on the repayment date the Administrator sociated with a capital investment before the re- amended by striking section 6 and inserting the assigned before October 1, 1994, to the old cap- payment date for the principal amount. ital investment, or following: SEC. 3004. Notwithstanding any other provi- (ii) with respect to an old capital investment ‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAY- sion of law, of the amounts made available for which the Administrator has not assigned a MENT TO THE UNITED STATES under the Federal Transit Administration’s Dis- repayment date before October 1, 1994, on a re- TREASURY cretionary Grants program for Kauai, Hawaii in payment date the Administrator shall assign to So long as the Administrator makes annual Public Law 103–122 and Public Law 103–311, the old capital investment in accordance with payments to the tribes under the settlement $3,250,000 shall be transferred to and adminis- paragraph 10(d)(1) of the version of Department agreement, the Administrator shall apply tered in accordance with 49 U.S.C. 5307 and of Energy Order RA 6120.2 in effect on October against amounts otherwise payable by the Ad- made available for operating expenses to Kauai, 1, 1994; and ministrator to the United States Treasury a Hawaii. (B) interest were paid— credit that reduces the Administrator’s payment, (i) at the interest rate the Administrator as- in the amount and for each fiscal year as fol- SEC. 3005. The Secretary shall advance emer- signed before October 1, 1994, to the old capital lows: $15,860,000 in fiscal year 1997; $16,490,000 gency relief funds to the State of Missouri for investment, or in fiscal year 1998; $17,150,000 in fiscal year the replacement in kind of the Hannibal Bridge (ii) with respect to an old capital investment 1999; $17,840,000 in fiscal year 2000; $18,550,000 on the Mississippi River damaged by the 1993 for which the Administrator has not assigned an in fiscal year 2001; and $4,600,000 in each suc- floods notwithstanding the provisions of section interest rate before October 1, 1994, at a rate de- ceeding fiscal year.’’. 125 of title 23, United States Code: Provided, termined by the Secretary of the Treasury, tak- (i) CONTRACT PROVISIONS.— That this provision shall be subject to the Fed- ing into consideration prevailing market yields, In each contract of the Administrator that eral Share provisions of section 120, title 123, during the month preceding the beginning of the provides for the Administrator to sell electric United States Code. fiscal year in which the related project, facility, power, transmission, or related services, and SEC. 3006. (a) SURFACE TRANSPORTATION PRO- or separable unit or feature is placed in service, that is in effect after September 30, 1996, the Ad- GRAM.—Notwithstanding section 133 of title 23, on outstanding interest-bearing obligations of ministrator shall offer to include, or as the case United States Code, for fiscal year 1996 and the United States with periods to maturity com- may be, shall offer to amend to include, provi- each subsequent fiscal year, the State of parable to the period between the beginning of sions specifying that after September 30, 1996— Vermont may obligate funds apportioned to the the fiscal year and the repayment date for the (1) the Administrator shall establish rates and State for the surface transportation program es- old capital investment. charges on the basis that— tablished under section 133 of the title for— (c) INTEREST RATE FOR NEW PRINCIPAL (A) the principal amount of an old capital in- (1) construction, reconstruction, rehabilita- AMOUNTS.— vestment shall be no greater than the new prin- tion, resurfacing, restoration, and operational As of October 1, 1996, the unpaid balance on cipal amount established under subsection (b); improvements for railroads, including any such the new principal amount established for an old (B) the interest rate applicable to the unpaid construction or reconstruction necessary to ac- capital investment under subsection (b) bears in- balance of the new principal amount of an old commodate other transportation modes; terest annually at the Treasury rate for the old capital investment shall be no greater than the (2) all eligible activities under section 5311 of capital investment until the earlier of the date interest rate established under subsection (c); title 49, United States Code, and publicly owned that the new principal amount is repaid or the (C) any payment of principal of an old capital rail passenger terminals and facilities, including repayment date for the new principal amount. investment shall reduce the outstanding prin- terminals and facilities owned by the National (d) REPAYMENT DATES.— cipal balance of the old capital investment in Railroad Passenger Corporation; As of October 1, 1996, the repayment date for the amount of the payment at the time the pay- (3) capital costs for passenger rail services; the new principal amount established for an old ment is tendered; and and capital investment under subsection (b) is no (D) any payment of interest on the unpaid (4) beginning in fiscal year 1997, operating earlier than the repayment date for the old cap- balance of the new principal amount of an old costs for passenger rail services. ital investment assumed in subsection (b)(3)(A). capital investment shall be a credit against the (b) CONGESTION MITIGATION AND AIR QUALITY (e) PREPAYMENT LIMITATIONS.— appropriate interest account in the amount of IMPROVEMENT PROGRAM.—Notwithstanding sec- During the period October 1, 1996, through the payment at the time the payment is tention 149 of title 23, United States Code, for fiscal September 30, 2001, the total new principal dered; year 1996 and each subsequent fiscal year, the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00198 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2539 State of Vermont may obligate funds appor- ‘‘(3) the entity attends (or attended) a post- (5) LIHEAP program funding has been sub- tioned to the State for the congestion mitigation graduate physician training program, or any stantially reduced in recent years, and cannot and air quality improvement program estab- other program of training in the health profes- sustain any further spending cuts if the pro- lished under the section for a transportation sions, that does not (or did not) perform induced gram is to remain a viable means of meeting the project or program that— abortions or require, provide or refer for train- home heating and other energy-related needs of (1) is for an area in the State described in the ing in the performance of induced abortions, or low-income people in cold-weather States. matter preceding paragraph (1) of section 149(b) make arrangements for the provision of such (6) Traditionally, LIHEAP has received ad- of the title; and training. vance appropriations for the next fiscal year. (2) will have air quality benefits through con- ‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSI- This allows States to properly plan for the up- struction of, and operational improvements for, CIAN TRAINING PROGRAMS.— coming winter and best serve the energy needs intercity passenger rail facilities, operation of ‘‘(1) IN GENERAL.—In determining whether to of low-income families. intercity passenger rail trains, and acquisition grant a legal status to a health care entity (in- (7) Congress was not able to pass an appro- of rolling stock for intercity passenger rail serv- cluding a license or certificate), or to provide priations bill for the Departments of Labor, ice, except that not more than 50 percent of the such entity with financial assistance, services or Health and Human Services, and Education by amount received by the State for a fiscal year other benefits, the Federal Government, or any the beginning of this fiscal year and it was only under this subsection may be obligated for oper- State or local government that receives Federal because LIHEAP received advance appropria- ating support. financial assistance, shall deem accredited any tions last fiscal year that the President was able SEC. 3007. Any funds heretofore appropriated postgraduate physician training program that to release the $578,000,000 he did in December— and made available in Public Law 102–104 and would be accredited but for the accrediting the bulk of the funds made available to the Public Law 102–377 to carry out the provisions agency’s reliance upon an accreditation stand- States this winter. for the project for navigation, St. Louis Harbor, ards that requires an entity to perform an in- (8) There is currently available to the Presi- Missouri and Illinois; may be utilized by the duced abortion or require, provide, or refer for dent up to $300,000,000 in emergency LIHEAP Secretary of the Army in carrying out the Upper training in the performance of induced abor- funding, which could be made available imme- Mississippi and Illinois Waterway System Navi- tions, or make arrangements for such training, gation Study, Iowa, Illinois, Missouri, Wis- diately, on a targeted basis, to meet the urgent regardless of whether such standard provides consin, Minnesota, in fiscal year 1996 or until home heating needs of eligible persons who oth- exceptions or exemptions. The government in- expended. erwise could be faced with heating-related emer- volved shall formulate such regulations or other SEC. 3008. The Secretary of Health and gencies, including shut-offs, in the coming Human Services shall grant a waiver of the re- mechanisms, or enter into such agreements with weeks. quirements set forth in section 1903(m)(2)(A)(ii) accrediting agencies, as are necessary to comply (b) Therefore, it is the sense of the Senate of the Social Security Act to D.C. Chartered with this subsection. that— Health Plan, Inc. of the District of Columbia: ‘‘(2) RULES OF CONSTRUCTION.— (1) the President should release immediately a ‘‘(A) IN GENERAL.—With respect to subclauses Provided, That such waiver shall be deemed to substantial portion of available emergency fund- (I) and (II) of section 705(a)(2)(B)(i) (relating to have been in place for all contract periods from ing for the Low Income Home Energy Assistance October 1, 1991 through the current contract pe- a program of insured loans for training in the Program for fiscal year 1996, to help meet con- riod or October 1, 1999, whichever shall be later. health professions), the requirements in such tinuing urgent needs for home heating assist- SEC. 3009. Of the funds appropriated by Pub- subclauses regarding accredited internship or ance during this unusually cold winter; and lic Law 104–37 or otherwise made available to residency programs are subject to paragraph (1) (2) not less than the $1,000,000,000 in regular the Food Safety and Inspection Service for fiscal of this subsection. advance-appropriated LIHEAP funding for next year 1996, not less than $363,000,000 shall be ‘‘(B) EXCEPTIONS.—This section shall not— winter provided for in this bill should be re- available for salaries and benefits of in-plant ‘‘(i) prevent any health care entity from vol- tained in a House-Senate conference on this personnel: Provided, That this limitation shall untarily electing to be trained, to train, or to ar- measure. range for training in the performance of, to per- not apply if the Secretary of Agriculture cer- SEC. 3015. LAND EXCHANGE form, or to make referrals for induced abortions; tifies to the House and Senate Committees on (a) SHORT TITLE.—This section may be cited Appropriations that a lesser amount will be ade- or ‘‘(ii) prevent an accrediting agency or a Fed- as the ‘‘Greens Creek Land Exchange Act of quate to fully meet in-plant inspection require- eral, State or local government from establishing 1996’’. ments for the fiscal year. (b) FINDINGS.—The Congress makes the fol- SEC. 3010. The appropriation for the Arms standards of medical competency applicable only to those individuals who have voluntarily lowing findings: Control and Disarmament Agency in Public (1) The Alaska National Interest Lands Con- Law 103–317 (108 Stat. 1768) is amended by delet- elected to perform abortions. ‘‘(c) DEFINITIONS.—For purposes of this sec- servation Act established the Admiralty Island ing after ‘‘until expended’’ the following: ‘‘only National Monument and sections 503 and 504 of for activities related to the implementation of tion: ‘‘(1) The term ‘financial assistance’, with re- that Act provided special provisions under the Chemical Weapons Convention’’: Provided, spect to a government program, includes govern- which the Greens Creek Claims would be devel- That amounts made available shall not be used mental payments provided as reimbursement for oped. The provisions supplemented the general to undertake new programs or to increase em- carrying out health-related activities. mining laws under which these claims were ployment above levels on board at the time of ‘‘(2) The term ‘health care entity’ includes an staked. enactment of this Act. individual physician, a postgraduate physician (2) The Kennecott Greens Creek Mining Com- SEC. 3011. Section 347(b)(3) of the Department training program, and a participant in a pro- pany, Inc., currently holds title to the Greens of Transportation and Related Agencies Appro- Creek Claims, and the area surrounding these priations Act, 1996 (P.L. 104–50), is amended to gram of training in the health professions. ‘‘(3) The term ‘postgraduate physician train- claims has further mineral potential which is read as follows: yet unexplored. ‘‘(3) chapter 71, relating to labor-management ing program’ includes a residency training program.’’. (3) Negotiations between the United States relations,’’. Forest Service and the Kennecott Greens Creek SEC. 3012. Within its Mission to Planet Earth SEC. 3014. (a) The Senate finds that: Mining Company, Inc., have resulted in an program, NASA is urged to fund Phase A stud- (1) Record low temperatures across the coun- agreement by which the area surrounding the ies for a radar satellite initiative. try this winter, coupled with record snowfalls in many areas, have generated substantial and Greens Creek Claims could be explored and de- SEC. 3013. ESTABLISHMENT OF PROHIBITION veloped under terms and conditions consistent AGAINST ABORTION-RELATED DIS- sustained demand among eligible low-income CRIMINATION IN TRAINING AND LI- Americans for home heating assistance, and put with the protection of the values of the Admi- CENSING OF PHYSICIANS. many who face heating-related crises at risk. ralty Island National Monument. Part B of title II of the Public Health Service (2) Home heating assistance for working and (4) The full effectuation of the Agreement, by Act (42 U.S.C. 238 et seq.) is amended by adding low-income families with children, the elderly its terms, requires the approval and ratification at the end the following section: on fixed incomes, the disabled, and others who by Congress. ‘‘ABORTION-RELATED DISCRIMINATION IN GOVERN- need such help is a critical part of the social (c) DEFINITIONS.—As used in this section— MENTAL ACTIVITIES REGARDING TRAINING AND safety net in cold-weather areas. (1) the term ‘‘Agreement’’ means the document LICENSING OF PHYSICIANS (3) The President has released approximately entitled the ‘‘Greens Creek Land Exchange ‘‘SEC. 245. (a) IN GENERAL.—The Federal Gov- $900,000,000 in regular Low Income Home En- Agreement’’ executed on December 14, 1994, by ernment, and any State or local government ergy Assistance Program (LIHEAP) funding for the Under Secretary of Agriculture for Natural that receives Federal financial assistance, may this year, compared to a funding level of Resources and Environment on behalf of the not subject any health care entity to discrimina- $1,319,000,000 last year, and a large LIHEAP United States and the Kennecott Greens Creek tion on the basis that— funding shortfall remains which has adversely Mining Company and Kennecott Corporation; ‘‘(1) the entity refuses to undergo training in affected eligible recipients in many cold-weather (2) the term ‘‘ANILCA’’ means the Alaska Na- the performance of induced abortions, to require States. tional Interest Lands Conservation Act, Public or provide such training, to perform such abor- (4) LIHEAP is a highly targeted, cost-effective Law 96–487 (94 Stat. 2371); tions, or to provide referrals for such training or way to help approximately 6 million low-income (3) the term ‘‘conservation system unit’’ has such abortions; Americans to pay their energy bills. More than the same meaning as defined in section 102(4) of ‘‘(2) the entity refuses to make arrangements two-thirds of LIHEAP-eligible households have ANILCA; for any of the activities specified in paragraph annual incomes of less than $8,000; more than (4) the term ‘‘Greens Creek Claims’’ means (1); or one-half have annual incomes below $6,000. those patented mining claims of Kennecott

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00199 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2540 CONGRESSIONAL RECORD — SENATE March 20, 1996 Greens Creek Mining Company within the environment, nor shall implementation require Congress and the relevant committees of the Monument recognized pursuant to section 504 of further consideration pursuant to the National Senate shall examine the manner in which Fed- ANILCA; Historic Preservation Act, title VIII of ANILCA, eral disaster assistance is provided and develop (5) the term ‘‘KGCMC’’ means the Kennecott or any other law. a long-term funding plan for the budgetary Greens Creek Mining Company, Inc., a Dela- (f) RECISION RIGHTS.—Within 60 days of the treatment of any Federal assistance, providing ware corporation; enactment of this section, KGCMC and for such funds out of existing budget allocation (6) the term ‘‘Monument’’ means the Admi- Kennecott Corporation shall have a right to re- rather than taking the expenditures off budget ralty Island National Monument in the State of scind all rights under the Agreement and this and adding to the Federal deficit. Alaska established by section 503 of ANILCA; section. Recision shall be effected by a duly au- SEC. 3020. None of the funds made available (7) the term ‘‘Royalty’’ means Net Island Re- thorized resolution of the Board of Directors of by this Act or any previous Act shall be ex- ceipts Royalty as that latter term is defined in either KGCMC or Kennecott Corporation and pended if such expenditure would cause total Exhibit C to the Agreement; and delivered to the Chief of the Forest Service at fiscal year 1996 non-defense discretionary ex- (8) the term ‘‘Secretary’’ means the Secretary the Chief’s principal office in Washington. Dis- penditures for: of Agriculture. trict of Columbia. In the event of a recision, the (1) Agriculture, rural development and related (d) RATIFICATION OF THE AGREEMENT.—The status quo ante provisions of the Agreement programs or activities contained in this or prior Agreement is hereby ratified and confirmed as to shall apply. year Acts to exceed $13,581,000,000; the duties and obligations of the United States SEC. 3016. SEAFOOD SAFETY. (2) Commerce, Justice, State, the Judiciary and its agencies, and KGCMC and Kennecott Notwithstanding any other provision of law, and related programs or activities contained in Corporation, as a matter of Federal law. The any domestic fish or fish product produced in this or prior year Acts to exceed $23,762,000,000; agreement may be modified or amended, without compliance with food safety standards or proce- (3) Energy and water development programs further action by the Congress, upon written dures accepted by the Food and Drug Adminis- or activities contained in this or prior year Acts agreement of all parties thereto and with notifi- tration as satisfying the requirements of the to exceed $9,272,000,000; cation in writing being made to the appropriate ‘‘Procedures for the Safe and Sanitary Proc- (4) Foreign operations programs or activities committees of the Congress. essing and Importing of Fish and Fish Prod- contained in this or prior year Acts to exceed (e) IMPLEMENTATION OF THE AGREEMENT.— $13,867,000,000; (1) LAND ACQUISITION.—Without diminishment ucts’’ (published by the Food and Drug Admin- (5) Interior and related programs or activities of any other land acquisition authority of the istration as a final regulation in the Federal contained in this or prior year Acts to exceed Secretary in Alaska and in furtherance of the Register of December 18, 1995), shall be deemed $13,215,000,000; purposes of the Agreement, the Secretary is au- to have met any inspection requirements of the (6) Labor, Health and Human Services, Edu- thorized to acquire lands and interests in land Department of Agriculture or other Federal cation and related programs or activities con- within conservation system units in the Tongass agency for any Federal commodity purchase tained in this or prior year Acts to exceed National Forest, and any land or interest in program, including the program authorized $68,565,000,000; land so acquired shall be administered by the under section 32 of the Act of August 24, 1935 (7 (7) Transportation and related programs or Secretary as part of the National Forest System U.S.C. 612c) except that the Department of Agri- activities contained in this or prior year Acts to and any conservation system unit in which it is culture or other Federal agency may utilize lot exceed $36,756,000,000; and located. Priority shall be given to acquisition of inspection to establish a reasonable degree of (8) Veterans Affairs, Housing and inde- non-Federal lands within the Monument. certainty that fish or fish products purchased pendent agencies’ programs or activities con- (2) ACQUISITION FUNDING.—There is hereby es- under a Federal commodity purchase program, tained in this or prior year Acts to exceed tablished in the Treasury of the United States including the program authorized under section $74,270,000,000: Provided, That the President an account entitled the ‘Greens Creek Land Ex- 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall report to the Committees on Appropria- change Account’ into which shall be deposited meet Federal product specifications. tions within 30 days of the enactment into law the first $5,000,000 in royalties received by the SEC. 3017. CONTINUED OPERATION OF AN EXIST- of this Act on the implementation of this sec- United States under part 6 of the Agreement ING HYDROELECTRIC FACILITY IN tion: Provided further, That no more than 50 after the distribution of the amounts pursuant MONTANA. percent of the funds appropriated or otherwise to paragraph (3) of this subsection. Such mon- (a) Notwithstanding section 10(e)(1) of the made available for obligation for non-defense eys in the special account in the Treasury may, Federal Power Act (16 U.S.C. 803(e)(1)) or any programs and activities in TITLE II—EMER- to the extent provided in appropriations Acts, be other law requiring payment to the United GENCY APPROPRIATIONS—of this Act and used for land acquisition pursuant to paragraph States of an annual or other charge for the use, containing an emergency designation shall be (1) of this subsection. occupancy, and enjoyment of land by the holder expended until the report mentioned in the pre- (3) TWENTY-FIVE PERCENT FUND.—All royalties of a license issued by the Federal Energy Regu- ceding proviso is transmitted to the Committees paid to the United States under the Agreement latory Commission under part I of the Federal on Appropriations. shall be subject to the 25 percent distribution Power Act (16 U.S.C. 792 et seq.) for project provisions of the Act of May 23, 1908, as amend- numbered 1473: Provided, That the current li- SEC. 3021. WALLA WALLA MEDICAL CENTER. ed (16 U.S.C. 500) relating to payments for roads censee receives no payment or consideration for (a) Designation.—The Walla Walla Veterans and schools. the transfer of the license a political subdivision Medical Center located at 77 Wainwright Drive, (4) MINERAL DEVELOPMENT.—Notwithstanding of the State of Montana that accepts the li- Walla Walla, Washington, shall be known and any provision of ANILCA to the contrary, the cense— designated as the ‘‘Jonathan M. Wainwright lands and interests in lands being conveyed to (1) shall not be required to pay such charges Memorial VA Medical Center’’. KGCMC pursuant to the Agreement shall be during the 5-year period following the date of (b) References.—Any reference in a law, map, available for mining and related activities sub- acceptance; and regulation, document, paper, or other record of ject to and in accordance with the terms of the (2) after that 5-year period, and for so long as the United States to the Walla Walla Veterans Agreement and conveyances made thereunder. the political subdivision holds the license, shall Medical Center referred to in subsection (a) (5) ADMNISTRATION.—The Secretary of Agri- not be required to pay such charges that exceed shall be deemed to be a reference to the ‘‘Jona- culture is authorized to implement and admin- 100 percentum of the net revenues derived from than M. Wainwright Memorial VA Medical Cen- ister the rights and obligations of the Federal the sale of electric power from the project. ter’’. Government under the Agreement, including (b) The provisions of subsection (a) shall not SEC. 3022. PLAN FOR ALLOCATION OF HEALTH monitoring the Government’s interests relating be effective if— CARE RESOURCES BY DEPARTMENT to extralateral rights, collecting royalties, and (1) a competing license application is filed OF VETERANS AFFAIRS. conducting audits. The Secretary may enter into within 90 days of the date of enactment of this (a) PLAN.—(1) The Secretary of Veterans Af- cooperative arrangements with other Federal Act; or fairs shall develop a plan for the allocation of agencies for the performance of any Federal (2) the Federal Energy Regulatory Commission health care resources (including personnel and rights or obligations under the Agreement or issues an order within 90 days of the date of en- funds) of the Department of Veterans Affairs this Act. actment of this Act which makes a determina- among the health care facilities of the Depart- (6) REVERSIONS.—Before reversion to the tion that in the absence of the reduction in ment so as to ensure that veterans having simi- United States of KGCMC properties located on charges provided by subsection (a) the license lar economic status, eligibility priority and, or, Admiralty Island, KGCMC shall reclaim the sur- transfer will occur. similar medical conditions who are eligible for face disturbed in accordance with an approved SEC. 3018. SENSE OF THE SENATE REGARDING medical care in such facilities have similar ac- plan of operations and applicable laws and reg- THE BUDGET TREATMENT OF FEDERAL DISASTER cess to such care in such facilities regardless of ulations. Upon reversion to the United States of ASSISTANCE.—It is the sense of the Senate that the region of the United States in which such KGCMC properties located on Admiralty, those the conference on S. 1594, making omnibus con- veterans reside. properties located within the Monument shall solidated rescissions and appropriations for the (2) The Plan shall reflect, to the maximum ex- become part of the Monument and those prop- fiscal year ending September 30, 1996, and for tent possible, the Veterans Integrated Service erties lying outside the Monument shall be man- other purposes, shall find sufficient funding re- Network, as well as the Resource Planning and aged as part of the Tongass National Forest. ductions to offset the costs of providing any Management System developed by the Depart- (7) SAVINGS PROVISIONS.—Implementation of Federal disaster assistance. ment of Veterans Affairs to account for forecasts the Agreement in accordance with this section SEC. 3019. SENSE OF THE SENATE REGARDING in expected workload and to ensure fairness to shall not be deemed a major Federal action sig- THE BUDGET TREATMENT OF FEDERAL DISASTER facilities that provide cost-efficient health care, nificantly affecting the quality of the human ASSISTANCE.—It is the sense of the Senate that and shall include procedures to identify reasons

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00200 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2541 for variations in operating costs among similar States Missions and under the same terms and $60,000,000 shall be for the Goals 2000: Educate facilities and ways to improve the allocation of conditions as are applicable to those funds Act and $91,000,000 shall be for the School-to- resources so as to promote efficient use of re- under this Act, $8,500,000, to remain available Work Opportunities Act. sources and provision of quality health care. until expended. Under the heading ‘‘Education for the Dis- (3) The Secretary shall prepare the plan in INTERNATIONAL ORGANIZATIONS AND advantaged’’, $814,489,000, which shall become consultation with the Under Secretary of Health CONFERENCES available for obligation on October 1, 1996 and of the Department of Veterans Affairs. shall remain available through September 30, CONTRIBUTIONS TO INTERNATIONAL (b) PLAN ELEMENTS.—The plan under sub- 1997: Provided, That $700,228,000 shall be avail- ORGANIZATIONS section (a) shall set forth— able for basic grants and $114,261,000 shall be In addition to funds provided elsewhere in (1) milestones for achieving the goal referred for concentration grants. this Act for Contributions to International Or- to in that subsection; and Under the heading ‘‘School Improvement Pro- ganizations and under the same terms and con- (2) a means of evaluating the success of the grams’’, $208,000,000, which shall become avail- ditions as are applicable to those funds under Secretary in meeting the goals through the plan. able for obligation on October 1, 1996 and shall this Act, $223,000,000. (c) SUBMITTAL TO CONGRESS.—The Secretary remain available through September 30, 1997. shall submit to Congress the plan developed CONTRIBUTIONS FOR INTERNATIONAL Under the heading ‘‘Vocational and Adult under subsection (a) not later than 180 days PEACEKEEPING ACTIVITIES Education’’, $82,750,000, which shall become after the date of the enactment of this Act. In addition to funds provided elsewhere in available for obligation on October 1, 1996 and (d) PLAN IMPLEMENTATION.—The Secretary this Act for Contributions for International shall remain available through September 30, shall implement the plan developed under sub- Peacekeeping Activities and under the same 1997. section (a) within 60 days of submitting such terms and conditions as are applicable to those Under the heading ‘‘Student Financial Assist- plan to Congress under subsection (b), unless funds under this Act, $215,000,000. ance’’, the maximum Pell Grant for which a stu- within such period the Secretary notifies the ap- RELATED AGENCY dent shall be eligible during award year 1996– propriate Committees of Congress that such plan LEGAL SERVICES CORPORATION 1997 shall be increased by $60.00: Provided, That will not be implemented along with an expla- PAYMENT TO THE LEGAL SERVICES CORPORATION funding for title IV, part E shall be increased by nation of why such plan will not be imple- $58,000,000 and funding for title IV, part A, sub- In addition to funds provided elsewhere in mented. part 4 shall be increased by $32,000,000. this Act, for payment to the Legal Services Cor- SEC. 3023. COMPOSITION OF NATIONAL COMMIS- Under the heading ‘‘Education Research, Sta- poration to carry out the purposes of the Legal SION ON RESTRUCTURING THE IN- tistics, and Improvement’’, $10,000,000 which Services Corporation Act of 1974, as amended, TERNAL REVENUE SERVICE. shall become available for obligation on October $9,000,000 for basic field programs. (a) IN GENERAL.—Section 637(b)(2) of the 1, 1996 and shall remain available through Sep- Treasury, Postal Service, and General Govern- CHAPTER 2 tember 30, 1997, shall be for sections 3136 and ment Appropriations Act, 1996 (Public Law 104– DEPARTMENT OF THE INTERIOR 3141 of the Elementary and Secondary Edu- 52, 109 Stat. 509) is amended— BUREAU OF LAND MANAGEMENT cation Act. (1) by striking ‘‘thirteen’’ and inserting ‘‘sev- PAYMENTS IN LIEU OF TAXES SUBCHAPTER B—ADDITIONAL AMOUNTS enteen’’, and (2) in subparagraphs (B) and (D)— In addition to funds provided elsewhere in In addition to the amounts provided in Title I (A) by striking ‘‘Two’’ and inserting ‘‘Four’’, this Act, $12,500,000. of this Act for the Department of Labor: and NATIONAL PARK SERVICE Under the heading ‘‘Departmental Manage- (B) by striking ‘‘one from private life’’ and in- OPERATIONS OF THE NATIONAL PARK SYSTEM ment, Salaries and Expenses’’, $12,000,000, of which $10,000,000 shall be only for terminal serting ‘‘three from private life’’. In addition to funds provided elsewhere in leave, severance pay, and other costs directly re- (b) EFFECTIVE DATE.—The amendments made this Act, $35,000,000. by this section shall take effect as if included in lated to the reduction of the number of employ- BUREAU OF INDIAN AFFAIRS the provisions of the Treasury, Postal Service, ees in the Department. and General Government Appropriations Act, OPERATION OF INDIAN PROGRAMS In addition to the amounts provided for in 1996. In addition to funds provided elsewhere in Title I of this Act for the Department of Health this Act, $35,000,000, to remain available until and Human Services: TITLE IV—CONTINGENCY expended. Under the heading ‘‘Health Resources and APPROPRIATIONS DEPARTMENT OF ENERGY Services’’, $55,256,000: Provided, That $52,000,000 CHAPTER 1 of such funds shall be used only for State AIDS ENERGY CONSERVATION DEPARTMENTS OF COMMERCE, JUSTICE, Drug Assistance Programs authorized by section AND STATE, THE JUDICIARY, AND RE- In addition to funds provided elsewhere in 2616 of the Public Health Service Act and shall LATED AGENCIES this Act, $35,000,000, to remain available until be distributed to States as authorized by section expended. DEPARTMENT OF COMMERCE 2618(b)(2) of such Act; and CHAPTER 3 Under the heading ‘‘Substance Abuse and NATIONAL INSTITUTE OF STANDARDS AND Mental Health Services’’, $134,107,000. TECHNOLOGY DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, SUBCHAPTER C—GENERAL PROVISIONS INDUSTRIAL TECHNOLOGY SERVICES AND RELATED AGENCIES In addition to funds provided elsewhere in Notwithstanding any other provision of this this Act, for necessary expenses of the Advanced SUBCHAPTER A—AMOUNTS Act, section 4002 shall not apply to part 1 of Technology Program of the National Institute of In addition to the amounts provided in Title I chapter 3 of title IV. Standards and Technology, $235,000,000, to re- of this Act for the Department of Labor: ADMINISTRATION FOR CHILDREN AND FAMILIES main available until expended: Provided, That Under the heading ‘‘Training and Employ- JOB OPPORTUNITIES AND BASIC SKILLS none of the funds made available under this ment Services’’, $1,213,300,000, of which (RESCISSION) heading in this or any other Act may be used for $487,300,000 is available for obligation for the the purposes of carrying out additional program period July 1, 1996 through June 30, 1997, and of Of the funds made available under this head- competitions under the Advanced Technology which $91,000,000 is available from July 1, 1996, ing elsewhere in this Act, there is rescinded an Program: Provided further, That any unobli- through September 30, 1997, for carrying out ac- amount equal to the total of the funds within gated balances from carryover of current and tivities of the School-to-Work Opportunities Act, each State’s limitation for fiscal year 1996 that prior year appropriations under the Advanced and of which $635,000,000 is for carrying out are not necessary to pay such State’s allowable Technology Program may be used only for the title II, part B of the Job Training Partnership claims for such fiscal year. purposes of providing continuation grants. Act; Section 403(k)(3)(F) of the Social Security Act Under the heading ‘‘State Unemployment In- (as amended by Public Law 100–485) is amended TECHNOLOGY ADMINISTRATION surance and Employment Service Operations’’, by adding: ‘‘reduced by an amount equal to the UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF $18,000,000, which shall be available for obliga- total of those funds that are within each State’s TECHNOLOGY POLICY tion for the period July 1, 1996 through June 30, limitation for fiscal year 1996 that are not nec- SALARIES AND EXPENSES 1997; essary to pay such State’s allowable claims for In addition to funds provided elsewhere in In addition to the amounts provided for in such fiscal year (except that such amount for this Act, $2,000,000, to remain available until Title I of this Act for the Department of Health such year shall be deemed to be $1,000,000,000 October 30, 1997, for grants to be awarded by the and Human Services: for the purpose of determining the amount of United States-Israel Science and Technology Under the heading ‘‘Children and Families the payment under subsection (1) to which each Commission. Services Programs’’, $136,700,000. State is entitled),’’. DEPARTMENT OF STATE In addition to the amounts provided for in FEDERAL AVIATION ADMINISTRATION Title I of this Act for the Department of Edu- GRANTS-IN-AID FOR AIRPORTS ADMINISTRATION OF FOREIGN AFFAIRS cation: SECURITY AND MAINTENANCE OF UNITED STATES Under the heading ‘‘Education Reform’’, (AIRPORT AND AIRWAY TRUST FUND) MISSIONS $151,000,000, which shall become available on (RESCISSION OF CONTRACT AUTHORIZATION) In addition to funds provided elsewhere in October 1, 1996 and shall remain available Of the available contract authority balances this Act for Security and Maintenance of United through September 30, 1997: Provided, That under this account, $616,000,000 are rescinded.

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SUBCHAPTER D—UNITED STATES ENRICHMENT accordance with, and having the effects pro- SEC. 406. TRANSFERS TO THE PRIVATE CORPORA- CORPORATION PRIVATIZATION vided under, the law of the State of incorpora- TION. SEC. 401. SHORT TITLE. tion of the private corporation, as if the Cor- Concurrent with privatization, the Corpora- This subchapter may be cited as the ‘‘USEC poration were incorporated thereunder). tion shall transfer to the private corporation— Privatization Act’’. (b) BOARD DETERMINATION.—The Board, with (1) the lease of the gaseous diffusion plants in the approval of the Secretary of the Treasury, accordance with section 407, SEC. 402. DEFINITIONS. shall select the method of transfer and establish (2) all personal property and inventories of For purposes of this subchapter: terms and conditions for the transfer that will the Corporation, (1) The term ‘‘AVLIS’’ means atomic vapor provide the maximum proceeds to the Treasury (3) all contracts, agreements, and leases under laser isotope separation technology. of the United States and will provide for the section 408(a), (2) The term ‘‘Corporation’’ means the United long-term viability of the private corporation, (4) the Corporation’s right to purchase power States Enrichment Corporation and, unless the the continued operation of the gaseous diffusion from the Secretary under section 408(b), context otherwise requires, includes the private plants, and the public interest in maintaining (5) such funds in accounts of the Corporation corporation and any successor thereto following reliable and economical domestic uranium min- held by the Treasury or on deposit with any privatization. ing and enrichment industries. bank or other financial institution as approved (3) The term ‘‘gaseous diffusion plants’’ (c) ADEQUATE PROCEEDS.—The Secretary of by the Secretary of the Treasury, and means the Paducah Gaseous Diffusion Plant at the Treasury shall not allow the privatization of (6) all of the Corporation’s records, including Paducah, Kentucky and the Portsmouth Gas- the Corporation unless before the sale date the all of the papers and other documentary mate- eous Diffusion Plant at Piketon, Ohio. Secretary of the Treasury determines that the (4) The term ‘‘highly enriched uranium’’ rials, regardless of physical form or characteris- method of transfer will provide the maximum tics, made or received by the Corporation. means uranium enriched to 20 percent or more proceeds to the Treasury consistent with the of the uranium-235 isotope. SEC. 407. LEASING OF GASEOUS DIFFUSION FA- principles set forth in section 403(a). CILITIES. (5) The term ‘‘low-enriched uranium’’ means (d) APPLICATION OF SECURITIES LAWS.—Any (a) TRANSFER OF LEASE.—Concurrent with uranium enriched to less than 20 percent of the offering or sale of securities by the private cor- uranium-235 isotope, including that which is de- poration shall be subject to the Securities Act of privatization, the Corporation shall transfer to rived from highly enriched uranium. 1933 (15 U.S.C. 77a et seq.), the Securities Ex- the private corporation the lease of the gaseous (6) The term ‘‘low-level radioactive waste’’ change Act of 1934 (15 U.S.C. 78a et seq.), and diffusion plants and related property for the re- has the meaning given such term in section 2(9) the provisions of the Constitution and laws of mainder of the term of such lease in accordance of the Low-Level Radioactive Waste Policy Act any State, territory, or possession of the United with the terms of such lease. (42 U.S.C. 2021b(9)). States relating to transactions in securities. (b) RENEWAL.—The private corporation shall (7) The term ‘‘private corporation’’ means the (e) EXPENSES.—Expenses of privatization shall have the exclusive option to lease the gaseous corporation established under section 405. be paid from Corporation revenue accounts in diffusion plants and related property for addi- (8) The term ‘‘privatization’’ means the trans- the United States Treasury. tional periods following the expiration of the fer of ownership of the Corporation to private SEC. 405. ESTABLISHMENT OF PRIVATE COR- initial term of the lease. investors. PORATION. (c) EXCLUSION OF FACILITIES FOR PRODUCTION (9) The term ‘‘privatization date’’ means the (a) INCORPORATION.—(1) The directors of the OF HIGHLY ENRICHED URANIUM.—The Secretary date on which 100 percent of the ownership of Corporation shall establish a private for-profit shall not lease to the private corporation any the Corporation has been transferred to private corporation under the laws of a State for the facilities necessary for the production of highly investors. purpose of receiving the assets and obligations enriched uranium but may, subject to the re- (10) The term ‘‘public offering’’ means an un- of the Corporation at privatization and con- quirements of the Atomic Energy Act of 1954 (42 derwritten offering to the public of the common tinuing the business operations of the Corpora- U.S.C. 2011 et seq.), grant the Corporation ac- stock of the private corporation pursuant to section following privatization. cess to such facilities for purposes other than tion 404. (2) The directors of the Corporation may serve the production of highly enriched uranium. (11) The ‘‘Russian HEU Agreement’’ means as incorporators of the private corporation and (d) DOE RESPONSIBILITY FOR PREEXISTING the Agreement Between the Government of the shall take all steps necessary to establish the CONDITIONS.—The payment of any costs of de- United States of America and the Government of private corporation, including the filing of arti- contamination and decommissioning, response the Russian Federation Concerning the Disposi- cles of incorporation consistent with the provi- actions, or corrective actions with respect to tion of Highly Enriched Uranium Extracted sions of this subchapter. conditions existing before July 1, 1993, at the from Nuclear Weapons, dated February 18, 1993. (3) Employees and officers of the Corporation gaseous diffusion plants shall remain the sole (12) The term ‘‘Secretary’’ means the Sec- (including members of the Board of Directors) responsibility of the Secretary. retary of Energy. acting in accordance with this section on behalf (e) ENVIRONMENTAL AUDIT.—For purposes of (13) The ‘‘Suspension Agreement’’ means the of the private corporation shall be deemed to be subsection (d), the conditions existing before Agreement to Suspend the Antidumping Inves- acting in their official capacities as employees July 1, 1993, at the gaseous diffusion plants tigation on Uranium from the Russian Federa- or officers of the Corporation for purposes of shall be determined from the environmental tion, as amended. section 205 of title 18, United States Code. audit conducted pursuant to section 1403(e) of (14) The term ‘‘uranium enrichment’’ means (b) STATUS OF THE PRIVATE CORPORATION.— the Atomic Energy Act of 1954 (42 U.S.C. 2297c– the separation of uranium of a given isotopic (1) The private corporation shall not be an 2(e)). content into 2 components, 1 having a higher agency, instrumentality, or establishment of the (f) TREATMENT UNDER PRICE-ANDERSON PRO- percentage of a fissile isotope and 1 having a United States, a Government corporation, or a VISIONS.—Any lease executed between the Sec- lower percentage. Government-controlled corporation. retary and the Corporation or the private cor- (2) Except as otherwise provided by this sub- SEC. 403. SALE OF THE CORPORATION. poration, and any extension or renewal thereof, chapter, financial obligations of the private cor- (a) AUTHORIZATION.—The Board of Directors under this section shall be deemed to be a con- poration shall not be obligations of, or guaran- of the Corporation, with the approval of the tract for purposes of section 170d. of the Atomic teed as to principal or interest by, the Corpora- Secretary of the Treasury, shall transfer the in- Energy Act of 1954 (42 U.S.C. 2210(d)). tion or the United States, and the obligations terest of the United States in the United States (g) WAIVER OF EIS REQUIREMENT.—The exe- shall so plainly state. cution or transfer of the lease between the Sec- Enrichment Corporation to the private sector in (3) No action under section 1491 of title 28, retary and the Corporation or the private cor- a manner that provides for the long-term viabil- United States Code, shall be allowable against poration, and any extension or renewal thereof, ity of the Corporation, provides for the continu- the United States based on actions of the private shall not be considered to be a major Federal ac- ation by the Corporation of the operation of the corporation. Department of Energy’s gaseous diffusion (c) APPLICATION OF POST-GOVERNMENT EM- tion significantly affecting the quality of the plants, provides for the protection of the public PLOYMENT RESTRICTIONS.—Beginning on the human environment for purposes of section 102 interest in maintaining a reliable and economi- privatization date, the restrictions stated in sec- of the National Environmental Policy Act of cal domestic source of uranium mining, enrich- tion 207 (a), (b), (c), and (d) of title 18, United 1969 (42 U.S.C. 4332). ment and conversion services, and, to the extent States Code, shall not apply to the acts of an in- SEC. 408. TRANSFER OF CONTRACTS. not inconsistent with such purposes, secures the dividual done in carrying out official duties as (a) TRANSFER OF CONTRACTS.—Concurrent maximum proceeds to the United States. a director, officer, or employee of the private with privatization, the Corporation shall trans- (b) PROCEEDS.—Proceeds from the sale of the corporation, if the individual was an officer or fer to the private corporation all contracts, United States’ interest in the Corporation shall employee of the Corporation (including a direc- agreements, and leases, including all uranium be deposited in the general fund of the Treas- tor) continuously during the 45 days prior to the enrichment contracts, that were— ury. privatization date. (1) transferred by the Secretary to the Cor- SEC. 404. METHOD OF SALE. (d) DISSOLUTION.—In the event that the pri- poration pursuant to section 1401(b) of the (a) AUTHORIZATION.—The Board of Directors vatization does not occur, the Corporation will Atomic Energy Act of 1954 (42 U.S.C. 2297c(b)), of the Corporation, with the approval of the provide for the dissolution of the private cor- or Secretary of the Treasury, shall transfer owner- poration within 1 year of the private corpora- (2) entered into by the Corporation before the ship of the assets and obligations of the Cor- tion’s incorporation unless the Secretary of the privatization date. poration to the private corporation established Treasury or his delegate, upon the Corpora- (b) NONTRANSFERABLE POWER CONTRACTS.— under section 405 (which may be consummated tion’s request, agrees to delay any such dissolu- The Corporation shall transfer to the private through a merger or consolidation effected in tion for an additional year. corporation the right to purchase power from

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00202 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2543 the Secretary under the power purchase con- (6) The Attorney General shall represent the fected employee of an operating contractor at ei- tracts for the gaseous diffusion plants executed United States in any action seeking to impose li- ther plant who was an employee at such plant by the Secretary before July 1, 1993. The Sec- ability under this subsection. on July 1, 1993, as a Department of Energy em- retary shall continue to receive power for the (b) LIABILITY OF THE CORPORATION.—Not- ployee for purposes of sections 3161 and 3162 of gaseous diffusion plants under such contracts withstanding any provision of any agreement to the National Defense Authorization Act for Fis- and shall continue to resell such power to the which the Corporation is a party, the Corpora- cal Year 1993 (42 U.S.C. 7274h–7274i). private corporation at cost during the term of tion shall not be considered in breach, default, (6)(A) The Secretary and the private corpora- such contracts. or violation of any agreement because of the tion shall cause the post-retirement health bene- (c) EFFECT OF TRANSFER.—(1) Notwith- transfer of such agreement to the private cor- fits plan provider (or its successor) to continue standing subsection (a), the United States shall poration under section 408 or any other action to provide benefits for eligible persons, as de- remain obligated to the parties to the contracts, the Corporation is required to take under this scribed under subparagraph (B), employed by agreements, and leases transferred under sub- subchapter. an operating contractor at either of the gaseous section (a) for the performance of its obligations (c) LIABILITY OF THE PRIVATE CORPORA- diffusion plants in an economically efficient under such contracts, agreements, or leases dur- TION.—Except as provided in this subchapter, manner and at substantially the same level of ing their terms. Performance of such obligations the private corporation shall be liable for any li- coverage as eligible retirees are entitled to re- by the private corporation shall be considered abilities arising out of its operations after the ceive on the privatization date. performance by the United States. privatization date. (B) Persons eligible for coverage under sub- (2) If a contract, agreement, or lease trans- (d) LIABILITY OF OFFICERS AND DIRECTORS.— paragraph (A) shall be limited to: ferred under subsection (a) is terminated, ex- (1) No officer, director, employee, or agent of the (i) persons who retired from active employ- tended, or materially amended after the privat- Corporation shall be liable in any civil pro- ment at one of the gaseous diffusion plants on ization date— ceeding to any party in connection with any ac- or before the privatization date as vested par- (A) the private corporation shall be respon- tion taken in connection with the privatization ticipants in a pension plan maintained either by sible for any obligation arising under such con- if, with respect to the subject matter of the ac- the Corporation’s operating contractor or by a tract, agreement, or lease after any extension or tion, suit, or proceeding, such person was acting contractor employed prior to July 1, 1993, by the material amendment, and within the scope of his employment. Department of Energy to operate a gaseous dif- (B) the United States shall be responsible for (2) This subsection shall not apply to claims fusion plant; and any obligation arising under the contract, arising under the Securities Act of 1933 (15 (ii) persons who are employed by the Corpora- agreement, or lease before the termination, ex- U.S.C. 77a. et seq.), the Securities Exchange Act tion’s operating contractor on or before the pri- tension, or material amendment. of 1934 (15 U.S.C. 78a. et seq.), or under the vatization date and are vested participants in a (3) The private corporation shall reimburse Constitution or laws of any State, territory, or pension plan maintained either by the Corpora- the United States for any amount paid by the possession of the United States relating to trans- tion’s operating contractor or by a contractor United States under a settlement agreement en- actions in securities. employed prior to July 1, 1993, by the Depart- ment of Energy to operate a gaseous diffusion tered into with the consent of the private cor- SEC. 410. EMPLOYEE PROTECTIONS. plant. poration or under a judgment, if the settlement (a) CONTRACTOR EMPLOYEES.—(1) Privatiza- (C) The Secretary shall fund the entire cost of or judgment— tion shall not diminish the accrued, vested pen- post-retirement health benefits for persons who (A) arises out of an obligation under a con- sion benefits of employees of the Corporation’s retired from employment with an operating contract, agreement, or lease transferred under sub- operating contractor at the two gaseous diffu- section (a), and tractor prior to July 1, 1993. sion plants. (D) The Secretary and the Corporation shall (B) arises out of actions of the private cor- (2) In the event that the private corporation poration between the privatization date and the fund the cost of post-retirement health benefits terminates or changes the contractor at either or for persons who retire from employment with an date of a termination, extension, or material both of the gaseous diffusion plants, the plan amendment of such contract, agreement, or operating contractor on or after July 1, 1993, in sponsor or other appropriate fiduciary of the proportion to the retired person’s years and lease. pension plan covering employees of the prior op- (d) PRICING.—The Corporation may establish months of service at a gaseous diffusion plant erating contractor shall arrange for the transfer under their respective management. prices for its products, materials, and services of all plan assets and liabilities relating to ac- provided to customers on a basis that will allow (7)(A) Any suit under this subsection alleging crued pension benefits of such plan’s partici- a violation of an agreement between an em- it to attain the normal business objectives of a pants and beneficiaries from such plant to a profit making corporation. ployer and a labor organization shall be brought pension plan sponsored by the new contractor in accordance with section 301 of the Labor SEC. 409. LIABILITIES. or the private corporation or a joint labor-man- Management Relations Act (29 U.S.C. 185). (a) LIABILITY OF THE UNITED STATES.—(1) Ex- agement plan, as the case may be. (B) Any charge under this subsection alleging cept as otherwise provided in this subchapter, (3) In addition to any obligations arising an unfair labor practice violative of section 8 of all liabilities arising out of the operation of the under the National Labor Relations Act (29 the National Labor Relations Act (29 U.S.C. 158) uranium enrichment enterprise before July 1, U.S.C. 151 et seq.), any employer (including the shall be pursued in accordance with section 10 1993, shall remain the direct liabilities of the private corporation if it operates a gaseous dif- of the National Labor Relations Act (29 U.S.C. Secretary. fusion plant without a contractor or any con- 160). (2) Except as provided in subsection (a)(3) or tractor of the private corporation) at a gaseous (C) Any suit alleging a violation of any provi- otherwise provided in a memorandum of agree- diffusion plant shall— sion of this subsection, to the extent it does not ment entered into by the Corporation and the (A) abide by the terms of any unexpired col- allege a violation of the National Labor Rela- Office of Management and Budget prior to the lective bargaining agreement covering employees tions Act, may be brought in any district court privatization date, all liabilities arising out of in bargaining units at the plant and in effect on of the United States having jurisdiction over the the operation of the Corporation between July 1, the privatization date until the stated expiration parties, without regard to the amount in con- 1993, and the privatization date shall remain the or termination date of the agreement; or troversy or the citizenship of the parties. direct liabilities of the United States. (B) in the event a collective bargaining agree- (b) FORMER FEDERAL EMPLOYEES.—(1)(A) An (3) All liabilities arising out of the disposal of ment is not in effect upon the privatization employee of the Corporation that was subject to depleted uranium generated by the Corporation date, have the same bargaining obligations either the Civil Service Retirement System (re- between July 1, 1993, and the privatization date under section 8(d) of the National Labor Rela- ferred to in this section as ‘‘CSRS’’) or the Fed- shall become the direct liabilities of the Sec- tions Act (29 U.S.C. 158(d)) as it had imme- eral Employees’ Retirement System (referred to retary. diately before the privatization date. in this section as ‘‘FERS’’) on the day imme- (4) Any stated or implied consent for the (4) If the private corporation replaces its oper- diately preceding the privatization date shall United States, or any agent or officer of the ating contractor at a gaseous diffusion plant, elect— United States, to be sued by any person for any the new employer (including the new contractor (i) to retain the employee’s coverage under ei- legal, equitable, or other relief with respect to or the private corporation if it operates a gas- ther CSRS or FERS, as applicable, in lieu of any claim arising from any action taken by any eous diffusion plant without a contractor) coverage by the Corporation’s retirement system, agent or officer of the United States in connec- shall— or tion with the privatization of the Corporation is (A) offer employment to non-management em- (ii) to receive a deferred annuity or lump-sum hereby withdrawn. ployees of the predecessor contractor to the ex- benefit payable to a terminated employee under (5) To the extent that any claim against the tent that their jobs still exist or they are quali- CSRS or FERS, as applicable. United States under this section is of the type fied for new jobs, and (B) An employee that makes the election otherwise required by Federal statute or regula- (B) abide by the terms of the predecessor con- under subparagraph (A)(ii) shall have the option to be presented to a Federal agency or offi- tractor’s collective bargaining agreement until tion to transfer the balance in the employee’s cial for adjudication or review, such claim shall the agreement expires or a new agreement is Thrift Savings Plan account to a defined con- be presented to the Department of Energy in ac- signed. tribution plan under the Corporation’s retire- cordance with procedures to be established by (5) In the event of a plant closing or mass lay- ment system, consistent with applicable law and the Secretary. Nothing in this paragraph shall off (as such terms are defined in section 2101(a) the terms of the Corporation’s defined contribu- be construed to impose on the Department of (2) and (3) of title 29, United States Code) at ei- tion plan. Energy liability to pay any claim presented pur- ther of the gaseous diffusion plants, the Sec- (2) The Corporation shall pay to the Civil suant to this paragraph. retary of Energy shall treat any adversely af- Service Retirement and Disability Fund—

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00203 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2544 CONGRESSIONAL RECORD — SENATE March 20, 1996 (A) such employee deductions and agency series of transactions pursuant to which 100 per- agreement to take delivery of the natural ura- contributions as are required by sections 8334, cent of the ownership of the Corporation is nium component of any low-enriched uranium, 8422, and 8423 of title 5, United States Code, for transferred to private investors, and for a period as contemplated in paragraph (3), within 90 those employees who elect to retain their cov- of three years thereafter, no person may ac- days of the date such low-enriched uranium is erage under either CSRS or FERS pursuant to quire, directly or indirectly, beneficial owner- delivered to the United States Executive Agent, paragraph (1); ship of securities representing more than 10 per- or upon request of the Russian Executive Agent, (B) such additional agency contributions as cent of the total votes of all outstanding voting then the United States Executive Agent shall are determined necessary by the Office of Per- securities of the Corporation. The foregoing lim- engage an independent entity through a com- sonnel Management to pay, in combination with itation shall not apply to— petitive selection process to auction an amount (1) any employee stock ownership plan of the the sums under subparagraph (A), the ‘‘normal of uranium hexafluoride or U3O8 (in the event cost’’ (determined using dynamic assumptions) Corporation, that the conversion component of such (2) members of the underwriting syndicate of retirement benefits for those employees who hexafluoride has previously been sold) equiva- purchasing shares in stabilization transactions elect to retain their coverage under CSRS pursu- lent to the natural uranium component of such in connection with the privatization, or ant to paragraph (1), with the concept of ‘‘nor- (3) in the case of shares beneficially held in low-enriched uranium. An agreement executed mal cost’’ being used consistent with generally the ordinary course of business for others, any pursuant to a request of the Russian Executive accepted actuarial standards and principles; commercial bank, broker-dealer, or clearing Agent, as contemplated in this paragraph, may and agency. pertain to any deliveries due during any period (C) such additional amounts, not to exceed SEC. 412. URANIUM TRANSFERS AND SALES. remaining under the Russian HEU Agreement. two percent of the amounts under subpara- (a) TRANSFERS AND SALES BY THE SEC- Such independent entity shall sell such uranium graphs (A) and (B), as are determined necessary RETARY.—The Secretary shall not provide en- hexafluoride in one or more lots to any person by the Office of Personnel Management to pay richment services or transfer or sell any ura- or entity to maximize the proceeds from such the cost of administering retirement benefits for nium (including natural uranium concentrates, sales, for disposition consistent with the limita- employees who retire from the Corporation after natural uranium hexafluoride, or enriched ura- tions set forth in this subsection. The inde- the privatization date under either CSRS or nium in any form) to any person except as con- pendent entity shall pay to the Russian Execu- FERS, for their survivors, and for survivors of sistent with this section. tive Agent the proceeds of any such auction less employees of the Corporation who die after the (b) RUSSIAN HEU.—(1) On or before December all reasonable transaction and other administra- privatization date (which amounts shall be 31, 1996, the United States Executive Agent tive costs. The quantity of such uranium available to the Office of Personnel Manage- under the Russian HEU Agreement shall trans- hexafluoride auctioned shall be based on a tails ment as provided in section 8348(a)(1)(B) of title fer to the Secretary without charge title to an assay of 0.30 U235. Title to uranium hexafluoride 5, United States Code). amount of uranium hexafluoride equivalent to auctioned pursuant to this paragraph shall (3) The Corporation shall pay to the Thrift the natural uranium component of low-enriched transfer to the buyer of such material upon de- Savings Fund such employee and agency con- uranium derived from at least 18 metric tons of livery of such material to the buyer. Uranium tributions as are required by section 8432 of title highly enriched uranium purchased from the hexafluoride auctioned pursuant to this para- 5, United States Code, for those employees who Russian Executive Agent under the Russian graph shall be deemed under United States law elect to retain their coverage under FERS pur- HEU Agreement. The quantity of such uranium for all purposes to be of Russian origin. suant to paragraph (1). hexafluoride delivered to the Secretary shall be (5) Except as provided in paragraphs (6) and (4) Any employee of the Corporation who was based on a tails assay of 0.30 U235. Uranium (7), uranium hexafluoride delivered to the Rus- subject to the Federal Employee Health Benefits hexafluoride transferred to the Secretary pursu- sian Executive Agent under paragraph (3) or Program (referred to in this section as ant to this paragraph shall be deemed under auctioned pursuant to paragraph (4), may not ‘‘FEHBP’’) on the day immediately preceding United States law for all purposes to be of Rus- be delivered for consumption by end users in the the privatization date and who elects to retain sian origin. coverage under either CSRS or FERS pursuant (2) Within 7 years of the date of enactment of United States either directly or indirectly prior to paragraph (1) shall have the option to receive this Act, the Secretary shall sell, and receive to January 1, 1998, and thereafter only in ac- health benefits from a health benefit plan estab- payment for, the uranium hexafluoride trans- cordance with the following schedule: lished by the Corporation or to continue without ferred to the Secretary pursuant to paragraph Annual Maximum Deliveries to End Users interruption coverage under the FEHBP, in lieu (1). Such uranium hexafluoride shall be sold— of coverage by the Corporation’s health benefit (A) at any time for use in the United States (millions lbs. U3O8 system. for the purpose of overfeeding; Year: (5) The Corporation shall pay to the Employ- (B) at any time for end use outside the United equivalent) ees Health Benefits Fund— States; 1998 ...... 2 (A) such employee deductions and agency (C) in 1995 and 1996 to the Russian Executive 1999 ...... 4 contributions as are required by section 8906 Agent at the purchase price for use in matched (a)–(f) of title 5, United States Code, for those sales pursuant to the Suspension Agreement; or, 2000 ...... 6 (D) in calendar year 2001 for consumption by employees who elect to retain their coverage 2001 ...... 8 end users in the United States not prior to Janu- under FEHBP pursuant to paragraph (4); and 2002 ...... 10 ary 1, 2002, in volumes not to exceed 3,000,000 (B) such amounts as are determined necessary 2003 ...... 12 by the Office of Personnel Management under pounds U3O8 equivalent per year. (3) With respect to all enriched uranium deliv- 2004 ...... 14 paragraph (6) to reimburse the Office of Per- ered to the United States Executive Agent under sonnel Management for contributions under sec- 2005 ...... 16 the Russian HEU Agreement on or after Janu- tion 8906(g)(1) of title 5, United States Code, for 2006 ...... 17 ary 1, 1997, the United States Executive Agent those employees who elect to retain their cov- shall, upon request of the Russian Executive 2007 ...... 18 erage under FEHBP pursuant to paragraph (4). 2008 ...... 19 (6) The amounts required under paragraph Agent, enter into an agreement to deliver con- 2009 and each year there- (5)(B) shall pay the Government contributions currently to the Russian Executive Agent an after ...... 20. for retired employees who retire from the Cor- amount of uranium hexafluoride equivalent to poration after the privatization date under ei- the natural uranium component of such ura- (6) Uranium hexafluoride delivered to the ther CSRS or FERS, for survivors of such retired nium. An agreement executed pursuant to a re- Russian Executive Agent under paragraph (3) or employees, and for survivors of employees of the quest of the Russian Executive Agent, as con- auctioned pursuant to paragraph (4) may be Corporation who die after the privatization templated in this paragraph, may pertain to any sold at any time as Russian-origin natural ura- date, with said amounts prorated to reflect only deliveries due during any period remaining nium in a matched sale pursuant to the Suspen- that portion of the total service of such employ- under the Russian HEU Agreement. The quan- sion Agreement, and in such case shall not be ees and retired persons that was performed for tity of such uranium hexafluoride delivered to counted against the annual maximum deliveries the Corporation after the privatization date. the Russian Executive Agent shall be based on set forth in paragraph (5). a tails assay of 0.30 U235. Title to uranium SEC. 411. OWNERSHIP LIMITATIONS. (7) Uranium hexafluoride delivered to the hexafluoride delivered to the Russian Executive (a) SECURITIES LIMITATIONS.—No director, of- Russian Executive Agent under paragraph (3) or Agent pursuant to this paragraph shall transfer ficer, or employee of the Corporation may ac- auctioned pursuant to paragraph (4) may be to the Russian Executive Agent upon delivery of quire any securities, or any rights to acquire sold at any time for use in the United States for such material to the Russian Executive Agent, any securities of the private corporation on the purpose of overfeeding in the operations of with such delivery to take place at a North terms more favorable than those offered to the enrichment facilities. American facility designated by the Russian Ex- general public— (8) Nothing in this subsection (b) shall restrict (1) in a public offering designed to transfer ecutive Agent. Uranium hexafluoride delivered the sale of the conversion component of such ownership of the Corporation to private inves- to the Russian Executive Agent pursuant to this uranium hexafluoride. tors, paragraph shall be deemed under U.S. law for (2) pursuant to any agreement, arrangement, all purposes to be of Russian origin. Such ura- (9) The Secretary of Commerce shall have re- or understanding entered into before the privat- nium hexafluoride may be sold to any person or sponsibility for the administration and enforce- ization date, or entity for delivery and use in the United States ment of the limitations set forth in this sub- (3) before the election of the directors of the only as permitted in subsections (b)(5), (b)(6) section. The Secretary of Commerce may require private corporation. and (b)(7) of this section. any person to provide any certifications, infor- (b) OWNERSHIP LIMITATION.—Immediately fol- (4) In the event that the Russian Executive mation, or take any action that may be nec- lowing the consummation of the transaction or Agent does not exercise its right to enter into an essary to enforce these limitations. The United

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00204 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2545 States Customs Service shall maintain and pro- sult of the treatment of such wastes at a loca- SEC. 415. APPLICATION OF CERTAIN LAWS. vide any information required by the Secretary tion other than the gaseous diffusion plants, or (a) OSHA.—(1) As of the privatization date, of Commerce and shall take any action re- (B) any person licensed by the Nuclear Regu- the private corporation shall be subject to and quested by the Secretary of Commerce which is latory Commission to operate a uranium enrich- comply with the Occupational Safety and necessary for the administration and enforcement facility under sections 53, 63, and 193 of Health Act of 1970 (29 U.S.C. 651 et seq.). ment of the uranium delivery limitations set the Atomic Energy Act of 1954 (42 U.S.C. 2073, (2) The Nuclear Regulatory Commission and forth in this section. 2093, and 2243). the Occupational Safety and Health Adminis- (10) The President shall monitor the actions of (2) Except as provided in paragraph (3), the tration shall, within 90 days after the date of the United States Executive Agent under the generator shall reimburse the Secretary for the enactment of this Act, enter into a memorandum Russian HEU Agreement and shall report to the disposal of low-level radioactive waste pursuant of agreement to govern the exercise of their au- Congress not later than December 31 of each to paragraph (1) in an amount equal to the Sec- thority over occupational safety and health year on the effect the low-enriched uranium de- retary’s costs, including a pro rata share of any hazards at the gaseous diffusion plants, includ- livered under the Russian HEU Agreement is capital costs, but in no event more than an ing inspection, investigation, enforcement, and having on the domestic uranium mining, conver- amount equal to that which would be charged rulemaking relating to such hazards. sion, and enrichment industries, and the oper- by commercial, State, regional, or interstate (b) ANTITRUST LAWS.—For purposes of the ation of the gaseous diffusion plants. Such re- compact entities for disposal of such waste. antitrust laws, the performance by the private port shall include a description of actions taken (3) In the event depleted uranium were ulti- corporation of a ‘‘matched import’’ contract or proposed to be taken by the President to pre- mately determined to be low-level radioactive under the Suspension Agreement shall be con- vent or mitigate any material adverse impact on waste, the generator shall reimburse the Sec- sidered to have occurred prior to the privatiza- such industries or any loss of employment at the retary for the disposal of depleted uranium pur- tion date, if at the time of privatization, such gaseous diffusion plants as a result of the Rus- suant to paragraph (1) in an amount equal to contract had been agreed to by the parties in all sian HEU Agreement. the Secretary’s costs, including a pro rata share material terms and confirmed by the Secretary (c) TRANSFERS TO THE CORPORATION.—(1) The of any capital costs. of Commerce under the Suspension Agreement. (c) ENERGY REORGANIZATION ACT REQUIRE- Secretary shall transfer to the Corporation with- (b) AGREEMENTS WITH OTHER PERSONS.—The out charge up to 50 metric tons of enriched ura- generator may also enter into agreements for the MENTS.—(1) The private corporation and its con- nium and up to 7,000 metric tons of natural ura- disposal of low-level radioactive waste subject to tractors and subcontractors shall be subject to nium from the Department of Energy’s stockpile, subsection (a) with any person other than the the provisions of section 211 of the Energy Reor- subject to the restrictions in subsection (c)(2). Secretary that is authorized by applicable laws ganization Act of 1974 (42 U.S.C. 5851) to the (2) The Corporation shall not deliver for com- and regulations to dispose of such wastes. same extent as an employer subject to such section. mercial end use in the United States— (c) STATE OR INTERSTATE COMPACTS.—Not- (2) With respect to the operation of the facili- (A) any of the uranium transferred under this withstanding any other provision of law, no ties leased by the private corporation, section subsection before January 1, 1998; State or interstate compact shall be liable for the 206 of the Energy Reorganization Act of 1974 (42 (B) more than 10 percent of the uranium (by treatment, storage, or disposal of any low-level U.S.C. 5846) shall apply to the directors and of- uranium hexafluoride equivalent content) trans- radioactive waste (including mixed waste) at- ficers of the private corporation. ferred under this subsection or more than tributable to the operation, decontamination, 4,000,000 pounds, whichever is less, in any cal- and decommissioning of any uranium enrich- SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT. endar year after 1997; or ment facility. (a) REPEAL.—(1) Chapters 22 through 26 of the (C) more than 800,000 separative work units SEC. 414. AVLIS. Atomic Energy Act of 1954 (42 U.S.C. 2297–2297e– contained in low-enriched uranium transferred (a) EXCLUSIVE RIGHT TO COMMERCIALIZE.— 7) are repealed as of the privatization date. under this subsection in any calendar year. The Corporation shall have the exclusive com- (2) The table of contents of such Act is amend- (d) INVENTORY SALES.—(1) In addition to the mercial right to deploy and use any AVLIS pated as of the privatization date by striking the transfers authorized under subsections (c) and ents, processes, and technical information items referring to sections repealed by para- (e), the Secretary may, from time to time, sell owned or controlled by the Government, upon graph (1). natural and low-enriched uranium (including completion of a royalty agreement with the Sec- (b) NRC LICENSING.—(1) Section 11v. of the low-enriched uranium derived from highly en- retary. Atomic Energy Act of 1954 (42 U.S.C. 2014v.) is riched uranium) from the Department of Ener- (b) TRANSFER OF RELATED PROPERTY TO COR- amended by striking ‘‘or the construction and gy’s stockpile. PORATION.— operation of a uranium enrichment facility (2) Except as provided in subsections (b), (c), (1) IN GENERAL.—To the extent requested by using Atomic Vapor Laser Isotope Separation and (e), no sale or transfer of natural or low-en- the Corporation and subject to the requirements technology’’. riched uranium shall be made unless— of the Atomic Energy Act of 1954 (42 U.S.C. 2011, (2) Section 193 of the Atomic Energy Act of (A) the President determines that the material et seq.), the President shall transfer without 1954 (42 U.S.C. 2243) is amended by adding at is not necessary for national security needs, charge to the Corporation all of the right, title, the end the following: (B) the Secretary determines that the sale of or interest in and to property owned by the ‘‘(f) LIMITATION.—No license or certificate of the material will not have an adverse material United States under control or custody of the compliance may be issued to the United States impact on the domestic uranium mining, conver- Secretary that is directly related to and materi- Enrichment Corporation or its successor under sion, or enrichment industry, taking into ac- ally useful in the performance of the Corpora- this section or sections 53, 63, or 1701, if the count the sales of uranium under the Russian tion’s purposes regarding AVLIS and alter- Commission determines that— HEU Agreement and the Suspension Agreement, native technologies for uranium enrichment, in- ‘‘(1) the Corporation is owned, controlled, or and cluding— dominated by an alien, a foreign corporation, or (C) the price paid to the Secretary will not be (A) facilities, equipment, and materials for re- a foreign government; or less than the fair market value of the material. search, development, and demonstration activi- ‘‘(2) the issuance of such a license or certifi- (e) GOVERNMENT TRANSFERS.—Notwith- ties; and cate of compliance would be inimical to— standing subsection (d)(2), the Secretary may (B) all other facilities, equipment, materials, ‘‘(A) the common defense and security of the transfer or sell enriched uranium— processes, patents, technical information of any United States; or ‘‘(B) the maintenance of a reliable and eco- (1) to a Federal agency if the material is kind, contracts, agreements, and leases. nomical domestic source of enrichment serv- transferred for the use of the receiving agency (2) EXCEPTION.—Facilities, real estate, im- ices.’’. without any resale or transfer to another entity provements, and equipment related to the gas- (3) Section 1701(c)(2) of the Atomic Energy Act and the material does not meet commercial spec- eous diffusion, and gas centrifuge, uranium en- of 1954 (42 U.S.C. 2297f(c)(2)) is amended to read ifications; richment programs of the Secretary shall not as follows: (2) to any person for national security pur- transfer under paragraph (1)(B). poses, as determined by the Secretary; or ‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE (3) EXPIRATION OF TRANSFER AUTHORITY.— OF COMPLIANCE.—The Corporation shall apply (3) to any State or local agency or nonprofit, The President’s authority to transfer property charitable, or educational institution for use to the Nuclear Regulatory Commission for a cer- under this subsection shall expire upon the pri- tificate of compliance under paragraph (1) peri- other than the generation of electricity for com- vatization date. mercial use. odically, as determined by the Commission, but (c) LIABILITY FOR PATENT AND RELATED not less than every 5 years. The Commission (f) SAVINGS PROVISION.—Nothing in this sub- CLAIMS.—With respect to any right, title, or in- shall review any such application and any de- chapter shall be read to modify the terms of the terest provided to the Corporation under sub- Russian HEU Agreement. termination made under subsection (b)(2) shall section (a) or (b), the Corporation shall have be based on the results of any such review.’’. SEC. 413. LOW-LEVEL WASTE. sole liability for any payments made or awards (4) Section 1702(a) of the Atomic Energy Act of (a) RESPONSIBILITY OF DOE.—(1) The Sec- under section 157 b. (3) of the Atomic Energy 1954 (42 U.S.C. 2297f–1(a)) is amended— retary, at the request of the generator, shall ac- Act of 1954 (42 U.S.C. 2187(b)(3)), or any settle- (1) by striking ‘‘other than’’ and inserting cept for disposal low-level radioactive waste, in- ments or judgments involving claims for alleged ‘‘including’’, and cluding depleted uranium if it were ultimately patent infringement. Any royalty agreement (2) by striking ‘‘sections 53 and 63’’ and in- determined to be low-level radioactive waste, under subsection (a) of this section shall provide serting ‘‘sections 53, 63, and 193’’. generated by— for a reduction of royalty payments to the Sec- (c) JUDICIAL REVIEW OF NRC ACTIONS.—Sec- (A) the Corporation as a result of the oper- retary to offset any payments, awards, settle- tion 189b. of the Atomic Energy Act of 1954 (42 ations of the gaseous diffusion plants or as a re- ments, or judgments under this subsection. U.S.C. 2239(b)) is amended to read as follows:

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00205 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2546 CONGRESSIONAL RECORD — SENATE March 20, 1996 ‘‘b. The following Commission actions shall be National Affordable Housing Act: Provided fur- tablish and construct a consolidated research subject to judicial review in the manner pre- ther, That all such sums shall be available only facility at Research Triangle Park, North Caro- scribed in chapter 158 of title 28, United States to provide for rental subsidy terms of a longer lina, at a maximum total construction cost of Code, and chapter 7 of title 5, United States duration than would otherwise be permitted by $232,000,000, and to obligate such monies as are Code: this Act. made available by this Act, and hereafter, for ‘‘(1) Any final order entered in any pro- PUBLIC HOUSING DEMOLITION, SITE REVITALIZA- this purpose. ceeding of the kind specified in subsection (a). TION, AND REPLACEMENT HOUSING GRANTS STATE AND TRIBAL ASSISTANCE GRANTS ‘‘(2) Any final order allowing or prohibiting a In addition to funds provided elsewhere in In addition to funds provided elsewhere in facility to begin operating under a combined this Act, $120,000,000, to remain available until this Act, $100,000,000, to remain available until construction and operating license. expended. expended, for capitalization grants for State re- ‘‘(3) Any final order establishing by regula- PAYMENTS FOR OPERATION OF LOW-INCOME volving funds to support water infrastructure fi- tion standards to govern the Department of En- HOUSING PROJECTS nancing: Provided, That of the funds made ergy’s gaseous diffusion uranium enrichment In addition to funds provided elsewhere in available by this paragraph, $50,000,000 shall be plants, including any such facilities leased to a this Act, $50,000,000. for drinking water State revolving funds, but if corporation established under the USEC Privat- MANAGEMENT AND ADMINISTRATION no drinking water State revolving fund legisla- ization Act. DEPARTMENTAL RESTRUCTURING FUND tion is enacted by June 1, 1996, these funds shall ‘‘(4) Any final determination under section In addition to funds provided elsewhere in immediately be available for making capitaliza- 1701(c) relating to whether the gaseous diffusion this Act, $20,000,000, to remain available until tion grants under title VI of the Federal Water plants, including any such facilities leased to a September 30, 1997, to facilitate the down-sizing, Pollution Control Act, as amended. corporation established under the USEC Privat- streamlining, and restructuring of the Depart- ization Act, are in compliance with the Commis- NATIONAL AERONAUTICS AND SPACE ment of Housing and Urban Development, and sion’s standards governing the gaseous diffusion ADMINISTRATION to reduce overall departmental staffing to 7,500 plants and all applicable laws.’’. SPACE, AERONAUTICS AND TECHNOLOGY full-time equivalents in fiscal year 2000: Pro- (d) CIVIL PENALTIES.—Section 234 a. of the In addition to funds provided elsewhere in Atomic Energy Act of 1954 (42 U.S.C. 2282(a) is vided, That such sum shall be available only for this Act, $83,000,000, to remain available until amended by— personnel training (including travel associated September 30, 1997. with such training), costs associated with the (1) striking ‘‘any licensing provision of section NATIONAL SCIENCE FOUNDATION 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109’’ transfer of personnel from headquarters and re- RESEARCH AND RELATED ACTIVITIES and inserting: ‘‘any licensing or certification gional offices to the field, and for necessary provision of section 53, 57, 62, 63, 81, 82, 101, 103, costs to acquire and upgrade information system In addition to funds provided elsewhere in 104, 107, 109, or 1701’’; and infrastructure in support of Departmental field this Act, $40,000,000, to remain available until (2) by striking ‘‘any license issued there- staff: Provided further, That not less than 60 September 30, 1997. under’’ and inserting: ‘‘any license or certifi- days following enactment of this Act, the Sec- GENERAL PROVISIONS retary shall transmit to the Appropriations Com- cation issued thereunder’’. SEC. 4001. No part of any appropriation con- mittees of the Congress a report which specifies (e) REFERENCES TO THE CORPORATION.—Fol- tained in this title shall remain available for ob- a plan and schedule for the utilization of these lowing the privatization date, all references in ligation beyond the current fiscal year unless funds for personnel reductions and transfers in the Atomic Energy Act of 1954 to the United expressly so provided herein. order to reduce headquarters on-board staffing States Enrichment Corporation shall be deemed SEC. 4002. No part of any appropriation con- levels to 3,100 by December 31, 1996, and 2,900 by to be references to the private corporation. tained in this title shall be made available for October 1, 1997: Provided further, That by Feb- SEC. 417. AMENDMENTS TO OTHER LAWS. obligation or expenditure, nor any authority ruary 1, 1997 the Secretary shall certify to the (a) DEFINITION OF GOVERNMENT CORPORA- granted herein be effective, until the enactment Congress that headquarters on-board staffing TION.—As of the privatization date, section into law of a subsequent Act entitled ‘‘An Act levels did not exceed 3,100 on December 31, 1996 9101(3) of title 31, United States Code, is amend- Incorporating an Agreement Between the Presi- and submit a report which details obligations ed by striking subparagraph (N) as added by dent and Congress Relative to Federal Expendi- and expenditures of funds made available here- section 902(b) of Public Law 102–486. tures in Fiscal Year 1996 and Future Fiscal under: Provided further, That if the certifi- (b) DEFINITION OF THE CORPORATION.—Section Years’’. cation of headquarters personnel reductions re- 1018(1) of the Energy Policy Act of 1992 (42 SEC. 4003. (a) This section may be cited as the quired by this Act is not made by February 1, U.S.C. 2296b–7(1) is amended by inserting ‘‘or its ‘‘Federal Prohibition of Female Genital Mutila- 1997, all remaining unobligated funds available successor’’ before the period. tion Act of 1996’’. under this paragraph shall be rescinded. SUBCHAPTER E—STRATEGIC PETROLEUM (b) Congress finds that— CLARIFICATION OF BLOCK GRANTS IN NEW YORK RESERVE (1) the practice of female genital mutilation is (a) All funds allocated for the State of New carried out by members of certain cultural and SEC. 431. SALE OF WEEKS ISLAND OIL. York for fiscal years 1995, 1996, and all subse- religious groups within the United States; Notwithstanding section 161 of the Energy quent fiscal years, under the HOME investment (2) the practice of female genital mutilation Policy and Conservation Act (42 U.S.C. 6241), partnerships program, as authorized under title often results in the occurrence of physical and the Secretary of Energy shall draw down and II of the Cranston-Gonzalez National Affordable psychological health effects that harm the sell in fiscal year 1996, $292,000,000 worth of oil Housing Act (Public law 101–625) shall be made women involved; formerly contained in the Weeks Island Stra- available to the Chief Executive Officer of the (3) such mutilation infringes upon the guar- tegic Petroleum Reserve. State, or an entity designated by the Chief Exec- antees of rights secured by Federal and State CHAPTER 4 utive Officer, to be used for activities in accord- law, both statutory and constitutional; DEPARTMENTS OF VETERANS AFFAIRS ance with the requirements of the HOME invest- (4) the unique circumstances surrounding the AND HOUSING AND URBAN DEVELOP- ment partnerships program, notwithstanding practice of female genital mutilation place it be- MENT, AND INDEPENDENT AGENCIES the Memorandum from the General Counsel of yond the ability of any single State or local ju- the Department of Housing and Urban Develop- DEPARTMENT OF VETERANS AFFAIRS risdiction to control; ment dated March 5, 1996. (5) the practice of female genital mutilation DEPARTMENTAL ADMINISTRATION (b) The Secretary of Housing and Urban De- can be prohibited without abridging the exercise CONSTRUCTION, MAJOR PROJECTS velopment shall award funds made available for of any rights guaranteed under the First In addition to funds provided elsewhere in fiscal year 1996 for grants allocated for the State Amendment to the Constitution or under any this Act, $16,000,000, to remain available until of New York for a community development other law; and expended: Provided, That notwithstanding any grants program as authorized by title I of the (6) Congress has the affirmative power under other provision of law, the Secretary of Veterans Housing and Community Development Act of section 8 of article I of the Constitution, as well Affairs is authorized to carry out the design and 1974, as amended (42 U.S.C. 5301), in accordance as under section 5 of the Fourteenth Amend- construction of a medical research addition at with the requirements established under the No- ment to the Constitution, to enact such legisla- the Department of Veterans Affairs Medical tice of Funding Availability for fiscal year 1995 tion. Center in Portland, Oregon in the amount of for the New York State Small Cities Community (c) It is the purpose of this section to protect $32,100,000. Development Block Grant Program. and promote the public safety and health and DEPARTMENT OF HOUSING AND URBAN INDEPENDENT AGENCIES activities affecting interstate commerce by estab- DEVELOPMENT ENVIRONMENTAL PROTECTION AGENCY lishing Federal criminal penalties for the per- HOUSING PROGRAMS ENVIRONMENTAL PROGRAMS AND MANAGEMENT formance of female genital mutilation. (d)(1) Chapter 7 of title 18, United States ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING In addition to funds provided elsewhere in Code, is amended by adding at the end the fol- In addition to funds provided elsewhere in this Act, $12,000,000, to remain available until lowing new section: this Act, $200,000,000, to remain available until September 30, 1997. expended: Provided, That $150,000,000 of such BUILDINGS AND FACILITIES ‘‘§ 116. Female genital mutilation sum shall be available for purposes authorized In addition to funds provided elsewhere in ‘‘(a) Except as provided in subsection (b), by section 202 of the Housing Act of 1959, and this Act, $50,000,000, to remain available until whoever knowingly circumcises, excises, or $50,000,000 shall be available for purposes au- expended: Provided, That notwithstanding any infibulates the whole or any part of the labia thorized by section 811 of the Cranston-Gonzalez other provision of law, EPA is authorized to es- majora or labia minora or clitoris of another

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00206 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2547

person who has not attained the age of 18 years BUILDINGS AND FACILITIES Provided further, That not more than $5,500,000 shall be fined under this title or imprisoned not In addition to funds provided elsewhere in of the funds made available under this heading more than 5 years, or both. this Act, $50,000,000, to remain available until shall be made available for the Points of Light ‘‘(b) A surgical operation is not a violation of expended, for the construction of a consolidated Foundation for activities authorized under title this section if the operation is— research facility at Research Triangle Park, III of the Act (42 U.S.C. 12661 et seq.): Provided ‘‘(1) necessary to the health of the person on North Carolina: Provided, That pursuant to the further, That no funds shall be available for na- whom it is performed, and is performed by a per- provisions of section 7(a) of the Public Buildings tional service programs run by Federal agencies son licensed in the place of its performance as a Act of 1959 (40 U.S.C. 606(a)), that no funds authorized under section 121(b) of such Act (42 medical practitioner; or shall be made available for construction of such U.S.C. 12581(b)): Provided further, That, to the ‘‘(2) performed on a person in labor or who project prior to April 19, 1996, unless such maximum extent feasible, funds appropriated in has just given birth and is performed for medical project is approved by resolutions of the Senate the preceding proviso shall be provided in a purposes connected with that labor or birth by Committee on Environment and Public Works manner that is consistent with the recommenda- a person licensed in the place it is performed as and the House Committee on Transportation tions of peer review panels in order to ensure a medical practitioner, midwife, or person in that priority is given to programs that dem- training to become such a practitioner or mid- and Infrastructure, respectively: Provided further, That in no case shall funds be made avail- onstrate quality, innovation, replicability, and wife. sustainability: Provided further, That not more ‘‘(c) In applying subsection (b)(1), no account able for construction of such project if prior to April 19, 1996, the project has been disapproved than $18,000,000 of the funds made available shall be taken of the effect on the person on under this heading shall be available for the Ci- whom the operation is to be performed of any by either the Senate Committee on Environment and Public Works or the House Committee on vilian Community Corps authorized under sub- belief on the part of that or any other person title E of title I of the Act (42 U.S.C. 12611 et that the operation is required as a matter of cus- Transportation and Infrastructure: Provided further, That notwithstanding any other provi- seq.): Provided further, That not more than tom or ritual. $43,000,000 shall be available for school-based ‘‘(d) Whoever knowingly denies to any person sion of this Act, the paragraph under this head- and community-based service-learning programs medical care or services or otherwise discrimi- ing in chapter 4 of title IV of this Act shall not authorized under subtitle B of title I of the Act nates against any person in the provision of become effective. (41 U.S.C. 12521 et seq.): Provided further, That medical care or services, because— STATE AND TRIBAL ASSISTANCE GRANTS not more than $30,000,000 shall be available for ‘‘(1) that person has undergone female cir- In addition to funds provided elsewhere in quality and innovation activities authorized cumcision, excision, or infibulation; or this Act, $200,000,000, to remain available until ‘‘(2) that person has requested that female cir- under subtitle H of title I of the Act (42 U.S.C. expended, for capitalization grants for State re- 12853 et seq.): Provided further, That not more cumcision, excision, or infibulation be performed volving funds to support water infrastructure fi- on any person; than $5,000,000 shall be available for audits and nancing: Provided, That of the funds made other evaluations authorized under section 179 shall be fined under this title or imprisoned not available by this paragraph, $125,000,000 shall of the Act (42 U.S.C. 12639), of which up to more than one year, or both.’’. be for drinking water State revolving funds, but $500,000 shall be available for a study by the (2) The table of sections at the beginning of if no drinking water State revolving fund legis- National Academy of Public Administration on chapter 7 of title 18, United States Code, is lation is enacted by June 1, 1996, these funds the structure, organization, and management of amended by adding at the end the following shall immediately be available for making cap- the Corporation and activities supported by the new item: italization grants under title VI of the Federal Corporation, including an assessment of the ‘‘116. Female genital mutilation.’’. Water Pollution Control Act, as amended. quality, innovation, replicability, and sustain- (e)(1) The Secretary of Health and Human HAZARDOUS SUBSTANCE SUPERFUND ability without Federal funds of such activities, Services shall do the following: In addition to funds provided elsewhere in and the Federal and non-Federal cost of sup- (A) Compile data on the number of females this Act, $50,000,000, to remain available until porting participants in community service ac- living in the United States who have been sub- expended. tivities: Provided further, That no funds from jected to female genital mutilation (whether in any other appropriation, or from funds other- GENERAL PROVISIONS the United States or in their countries of origin), wise made available to the Corporation, shall be including a specification of the number of girls SEC. 5001. Notwithstanding any other provi- used to pay for personnel compensation and under the age of 18 who have been subjected to sion of this Act, amounts provided in title IV of benefits, travel, or any other administrative ex- such mutilation. this Act for the Environmental Protection Agen- pense for the Board of Directors, the Office of (B) Identify communities in the United States cy, with the exception of amounts appropriated the Chief Executive Officer, the Office of the that practice female genital mutilation, and de- under the heading ‘‘BUILDINGS AND FACILITIES’’, Managing Director, the Office of the Chief Fi- sign and carry out outreach activities to educate shall become available immediately upon enact- nancial Officer, the Office of National and Com- individuals in the communities on the physical ment of this Act. munity Service Programs, the Civilian Commu- and psychological health effects of such prac- CORPORATION FOR NATIONAL AND COMMUNITY nity Corps, or any field office or staff of the tice. Such outreach activities shall be designed SERVICE Corporation working on the National and Com- and implemented in collaboration with rep- NATIONAL AND COMMUNITY SERVICE PROGRAMS munity Service or Civilian Community Corps resentatives of the ethnic groups practicing such programs: Provided further, That to the max- OPERATING EXPENSES mutilation and with representatives of organiza- imum extent practicable, the Corporation shall tions with expertise in preventing such practice. (INCLUDING TRANSFER OF FUNDS) increase significantly the level of matching (C) Develop recommendations for the edu- For necessary expenses for the Corporation funds and in-kind contributions provided by the cation of students of schools of medicine and os- for National and Community Service (referred to private sector, shall expand significantly the teopathic medicine regarding female genital mu- in the matter under this heading as the ‘‘Cor- number of educational awards provided under tilation and complications arising from such poration’’) in carrying out programs, activities, subtitle D of title I, and shall reduce the total mutilation. Such recommendations shall be dis- and initiatives under the National and Commu- Federal cost per participant in all programs: seminated to such schools. Provided further, That prior to September 30, (2) For purposes of this subsection, the term nity Service Act of 1990 (referred to in the mat- 1996, the General Accounting Office shall report ‘‘female genital mutilation’’ means the removal ter under this heading as the ‘‘Act’’) (42 U.S.C. to the Congress the results of a study of State or infibulation (or both) of the whole or part of 12501 et seq.), $400,500,000, of which $265,000,000 commission programs which evaluates the cost the clitoris, the labia minor, or the labia major. shall be available for obligation from September (f) Subsection (e) shall take effect on the date 1, 1996, through September 30, 1997: Provided, per participant, the commissions’ ability to over- of enactment of this Act, and the Secretary of That not more than $25,000,000 shall be avail- see the programs, and other relevant consider- Health and Human Services shall commence car- able for administrative expenses authorized ations: Provided further, That the matter under rying out such section not later than 90 days under section 501(a)(4) of the Act (42 U.S.C. this heading in title I of this Act shall not be ef- after the date of the enactment of this Act. Sub- 12671(a)(4)): Provided further, That not more fective. section (d) shall take effect on the date that is than $2,500 shall be for official reception and SENSE OF CONGRESS 180 days after the date of the enactment of this representation expenses: Provided further, That It is the sense of the Congress that accounting Act. not more than $59,000,000, to remain available for taxpayers’ funds must be a top priority for This title may be cited as the ‘‘Contingency without fiscal year limitation, shall be trans- all Federal agencies and Government corpora- Appropriations Act, 1996’’. ferred to the National Service Trust account for tions. The Congress is deeply concerned about TITLE V—ENVIRONMENTAL INITIATIVES educational awards authorized under subtitle D the findings of the recent audit of the Corpora- of title I of the Act (42 U.S.C. 12601 et seq.): Pro- tion for National and Community Service re- CHAPTER 1—DEPARTMENTS OF VETERANS vided further, That not more than $215,000,000 quired under the Government Corporation Con- AFFAIRS AND HOUSING AND URBAN DE- of the amount provided under this heading shall trol Act of 1945. The Congress urges the Presi- VELOPMENT, AND INDEPENDENT AGEN- be available for grants under the National Serv- dent to expeditiously nominate a qualified Chief CIES ice Trust program authorized under subtitle C of Financial Officer for the Corporation. Further, INDEPENDENT AGENCY title I of the Act (42 U.S.C. 12571 et seq.) (relat- to the maximum extent practicable and as quick- ENVIRONMENTAL PROTECTION AGENCY ing to activities including the Americorps pro- ly as possible, the Corporation should implement ENVIRONMENTAL PROGRAMS AND MANAGEMENT gram), of which not more than $40,000,000 may the recommendations of the independent audi- In addition to funds provided elsewhere in be used to administer, reimburse or support any tors contracted for by the Corporation’s Inspec- this Act, $75,000,000, to remain available until national service program authorized under sector General, as well as the Chief Financial Offi- September 30, 1997. tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): cer, to improve the financial management of

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00207 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2548 CONGRESSIONAL RECORD — SENATE March 20, 1996 taxpayers’ funds. Should the Chief Financial ‘‘(A) for the amount of the offset on the basis procedures as the Secretary of the Treasury Officer determine that additional resources are that the underlying obligation, represented by deems necessary to carry out the purposes of needed to implement these recommendations, the the payment before the offset was taken, was this subsection. The Secretary shall consult with Corporation should submit a reprogramming not satisfied; or the heads of affected agencies in the develop- proposal for up to $3,000,000 to carry out reforms ‘‘(B) for failure to provide timely notice under ment of such rules, regulations, and procedures. of the financial management system. paragraph (8). ‘‘(7)(A) Any Federal agency that is owed by a FUNDING ADJUSTMENT ‘‘(3)(A) Notwithstanding any other provision named person a past-due legally enforceable The total amount appropriated under the of law (including sections 207 and 1631(d)(1) of non-tax debt that is over 180 days delinquent heading ‘‘Department of Housing and Urban the Act of August 14, 1935 (42 U.S.C. 407 and (other than any past-due support), including Development, Housing Programs, Annual con- 1383(d)(1)), section 413(b) of Public Law 91–173 non-tax debt administered by a third party act- tribution for assisted housing’’, in title I of this (30 U.S.C. 923(b)), and section 14 of the Act of ing as an agent for the Federal Government, Act is reduced by $17,000,000, and the amount August 29, 1935 (45 U.S.C. 231m)), all payments shall notify the Secretary of the Treasury of all otherwise made available under said heading for due under the Social Security Act, Part B of the such non-tax debts for purposes of offset under section 8 assistance and rehabilitation grants Black Lung Benefits Act, or under any law ad- this subsection. for property disposition is reduced to ministered by the Railroad Retirement Board ‘‘(B) An agency may delay notification under $192,000,000. shall be subject to offset under this section. subparagraph (A) with respect to a debt that is CHAPTER 2—SPENDING OFFSETS ‘‘(B) An amount of $10,000 which a debtor secured by bond or other instruments in lieu of may receive under Federal benefit programs bond, or for which there is another specific re- SUBCHAPTER A—DEBT COLLECTION cited under subparagraph (A) within a 12- payment source, in order to allow sufficient time SEC. 5101. SHORT TITLE. month period shall be exempt from offset under to either collect the debt through normal collec- This subchapter may be cited as the ‘‘Debt this subsection. In applying the $10,000 exemption processes (including collection by internal Collection Improvement Act of 1996’’. tion, the disbursing official shall— administrative offset) or render a final decision SEC. 5102. EFFECTIVE DATE. ‘‘(i) apply a prorated amount of the exemption on any protest filed against the claim. Except as otherwise provided in this sub- to each periodic benefit payment to be made to ‘‘(8) The disbursing official conducting the chapter, the provisions of this subchapter and the debtor during the applicable 12-month pe- offset shall notify the payee in writing of— the amendments made by this subchapter shall riod; and ‘‘(A) the occurrence of an offset to satisfy a be effective on the date of enactment of this Act. ‘‘(ii) consider all benefit payments made dur- past-due legally enforceable debt, including a PART I—GENERAL DEBT COLLECTION ing the applicable 12-month period which are description of the type and amount of the pay- INITIATIVES exempt from offset under this subsection as part ment otherwise payable to the debtor against Subpart A—General Offset Authority of the $10,000 exemption. which the offset was executed; ‘‘(B) the identity of the creditor agency re- For purposes of the preceding sentence, the SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE questing the offset; and OFFSET AUTHORITY. amount of a periodic benefit payment shall be ‘‘(C) a contact point within the creditor agen- (a) Section 3701(c) of title 31, United States the amount after any reduction or deduction re- cy that will handle concerns regarding the off- Code, is amended to read as follows: quired under the laws authorizing the program set.’’. ‘‘(c) In sections 3716 and 3717 of this title, the under which such payment is authorized to be term ‘person’ does not include an agency of the made (including any reduction or deduction to Where the payment to be offset is a periodic United States Government, or of a unit of gen- recover any overpayment under such program). benefit payment, the disbursing official shall eral local government.’’. ‘‘(C) The Secretary of the Treasury shall ex- take reasonable steps, as determined by the Sec- (b) Section 3716 of title 31, United States Code, empt means-tested programs when notified by retary of the Treasury, to provide the notice to is amended— the head of the respective agency. The Secretary the payee not later than the date on which the (1) by amending subsection (b) to read as fol- may exempt other payments from offset under payee is otherwise scheduled to receive the pay- lows: this subsection upon the written request of the ment, or as soon as practical thereafter, but no ‘‘(b) Before collecting a claim by administra- head of a payment certifying agency. A written later than the date of the offset. Notwith- tive offset, the head of an executive, legislative, request for exemption of other payments must standing the preceding sentence, the failure of or judicial agency must either— provide justification for the exemption under the debtor to receive such notice shall not im- ‘‘(1) adopt regulations on collecting by admin- thestandards prescribed by the Secretary. Such pair the legality of such offset. ‘‘(9) A levy pursuant to the Internal Revenue istrative offset promulgated by the Department standards shall give due consideration to Code of 1986 shall take precedence over requests of Justice, the General Accounting Office and/or whether offset would tend to interfere substan- for offset received from other agencies.’’. the Department of the Treasury without tially with or defeat the purposes of the pay- (c) Section 3701(a) of title 31, United States change; or ment certifying agency’s program. ‘‘(2) prescribe independent regulations on col- Code, is amended by adding at the end the fol- ‘‘(D) The provisions of sections 205(b)(1) and lecting by administrative offset consistent with lowing new paragraph: 1631(c)(1) of the Social Security Act shall not the regulations promulgated under paragraph ‘‘(8) ‘non-tax claim’ means any claim from apply to any offset executed pursuant to this (1).’’; any agency of the Federal Government other section against benefits authorized by either (2) by amending subsection (c)(2) to read as than a claim by the Internal Revenue Service title II or title XVI of the Social Security Act. follows: under the Internal Revenue Code of 1986.’’. ‘‘(4) The Secretary of the Treasury is author- ‘‘(2) when a statute explicitly prohibits using SEC. 5202. HOUSE OF REPRESENTATIVES AS LEG- administrative ‘offset’ or ‘setoff’ to collect the ized to charge a fee sufficient to cover the full ISLATIVE AGENCY. claim or type of claim involved.’’; cost of implementing this subsection. The fee (a) Section 3701 of title 31, United States Code, (3) by redesignating subsection (c) as sub- may be collected either by the retention of a por- is amended by adding at the end the following section (d); and tion of amounts collected pursuant to this sub- new subsections: (4) by inserting after subsection (b) the fol- section, or by billing the agency referring or ‘‘(e) For purposes of subchapters I and II of lowing new subsection: transferring the claim. Fees charged to the chapter 37 of title 31, United States Code (relat- ‘‘(c)(1)(A) Except as provided in subparagraph agencies shall be based only on actual offsets ing to claims of or against United States Gov- (B) or (C), a disbursing official of the Depart- completed. Fees charged under this subsection ernment), the United States House of Represent- ment of the Treasury, the Department of De- concerning delinquent claims may be considered atives shall be considered to be a legislative fense, the United States Postal Service, or any as costs pursuant to section 3717(e) of this title. agency (as defined in section 3701(a)(4) of such disbursing official of the United States des- Fees charged under this subsection shall be de- title), and the Clerk of the House of Representa- ignated by the Secretary of the Treasury, is au- posited into the ‘Account’ determined by the tives shall be deemed to be the head of such leg- thorized to offset the amount of a payment Secretary of the Treasury in accordance with islative agency. which a payment certifying agency has certified section 3711(g) of this title, and shall be col- ‘‘(f) Regulations prescribed by the Clerk of the to the disbursing official for disbursement by an lected and accounted for in accordance with the House of Representatives pursuant to section amount equal to the amount of a claim which a provisions of that section. 3716 of title 31, United States Code, shall not be- creditor agency has certified to the Secretary of ‘‘(5) The Secretary of the Treasury may dis- come effective until they are approved by the the Treasury pursuant to this subsection. close to a creditor agency the current address of Committee on Rules of the House of Representa- ‘‘(B) An agency that designates disbursing of- any payee and any data related to certifying tives.’’. and authorizing such payment in accordance ficials pursuant to section 3321(c) of this title is SEC. 5203. EXEMPTION FROM COMPUTER MATCH- not required to certify claims arising out of its with section 552a of title 5, United States Code, ING REQUIREMENTS UNDER THE operations to the Secretary of the Treasury be- even when the payment has been exempt from PRIVACY ACT OF 1974. fore such agency’s disbursing officials offset offset. Where payments are made electronically, Section 552a(a) of title 5, United States Code, such claims. the Secretary is authorized to obtain the current is amended in paragraph (8)(B)— ‘‘(C) Payments certified by the Department of address of the debtor/payee from the institution (1) by striking ‘‘or’’ at the end of clause (vi); Education under a program administered by the receiving the payment. Upon request by the Sec- (2) by inserting ‘‘or’’ at the end of clause (vii); Secretary of Education under title IV of the retary, the institution receiving the payment and Higher Education Act of 1965, as amended, shall shall report the current address of the debtor/ (3) by adding after clause (vii) the following not be subject to offset under this subsection. payee to the Secretary. new clause: ‘‘(2) Neither the disbursing official nor the ‘‘(6) The Secretary of the Treasury is author- ‘‘(viii) matches for administrative offset or payment certifying agency shall be liable— ized to prescribe such rules, regulations, and claims collection pursuant to subsection 3716(c)

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00208 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2549 of title 31, section 5514 of this title, or any other be the head of the agency. Regulations pre- ‘‘§ 3720B. Barring delinquent Federal debtors payment intercept or offset program authorized scribed by the Clerk of the House of Representa- from obtaining Federal loans or loan guar- by statute;’’. tives pursuant to subsection (b)(1) shall be sub- antees SEC. 5204. TECHNICAL AND CONFORMING AMEND- ject to the approval of the Committee on Rules ‘‘(a) Unless waived by the head of the agency, MENTS. of the House of Representatives. no person may obtain any Federal financial as- (a) Title 31, United States Code, is amended— ‘‘(4) For purposes of this section, the Sec- sistance in the form of a loan or a loan guar- (1) in section 3322(a), by inserting ‘‘section retary of the Senate shall be deemed to be the antee if such person has an outstanding Federal 3716 and section 3720A of this title, section 6331 head of the agency. Regulations prescribed by non-tax debt which is in a delinquent status, as of title 26, and’’ after ‘‘Except as provided in’’; the Secretary of the Senate pursuant to sub- determined under the standards prescribed by (2) in section 3325(a)(3), by inserting ‘‘or pur- section (b)(1) shall be subject to the approval of the Secretary of the Treasury, with a Federal suant to payment intercepts or offsets pursuant the Committee on Rules and Administration of agency. Any such person may obtain additional to section 3716 or 3720A, or pursuant to levies the Senate.’’; and Federal financial assistance only after such de- executed under section 6331 of the Internal Rev- (3) by adding after subsection (c) the fol- linquency is resolved, pursuant to these stand- enue Code of 1986 (26 U.S.C. 6331),’’ after lowing new subsection: ards. This section shall not apply to loans or ‘‘voucher’’; and ‘‘(d) A levy pursuant to the Internal Revenue loan guarantees where a statute specifically (3) in sections 3711, 3716, 3717, and 3718, by Code of 1986 shall take precedence over requests permits extension of Federal financial assistance striking ‘‘the head of an executive or legislative for offset received from other agencies.’’. to borrowers in delinquent status. agency’’ each place it appears and inserting in- Subpart C—Taxpayer Identifying Numbers ‘‘(b) The head of the agency may delegate the stead ‘‘the head of an executive, judicial, or leg- waiver authority described in subsection (a) to islative agency’’. SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING the Chief Financial Officer of the agency. The (b) Subsection 6103(l)(10) of title 26, United NUMBERS; BARRING DELINQUENT waiver authority may be redelegated only to the States Code, is amended— DEBTORS FROM CREDIT ASSIST- ANCE. Deputy Chief Financial Officer of the agency. (1) in subparagraph (A), by inserting ‘‘and to ‘‘(c) For purposes of this section, ‘person’ Section 4 of the Debt Collection Act of 1982 officers and employees of the Department of the means an individual; or sole proprietorship, (Public Law 97–365, 96 Stat. 1749, 26 U.S.C. 6103 Treasury in connection with such reduction’’ partnership, corporation, non-profit organiza- note) is amended— adding after ‘‘6402’’; and tion, or any other form of business associa- (1) in subsection (b), by striking ‘‘For pur- (2) in subparagraph (B), by adding ‘‘and to tion.’’. officers and employees of the Department of the poses of this section’’ and inserting instead ‘‘For (b) The table of sections for subchapter II of Treasury in connection with such reduction’’ purposes of subsection (a)’’; and chapter 37 of title 31, United States Code, is after ‘‘agency’’. (2) by adding at the end thereof the following amended by inserting after the item relating to new subsections: Subpart B—Salary Offset Authority section 3720A the following new item: ‘‘(c) FEDERAL AGENCIES.—Each Federal agen- ‘‘3720B. Barring delinquent Federal debtors SEC. 5221. ENHANCEMENT OF SALARY OFFSET cy shall require each person doing business with from obtaining Federal loans or AUTHORITY. that agency to furnish to that agency such per- loan guarantees.’’. Section 5514 of title 5, United States Code, is son’s taxpayer identifying number. amended— ‘‘(1) For purposes of this subsection, a person Subpart D—Expanding Collection Authorities (1) in subsection (a)— is considered to be ‘doing business’ with a Fed- and Governmentwide Cross-Servicing (A) by adding at the end of paragraph (1) the eral agency if the person is— SEC. 5241. EXPANDING COLLECTION AUTHORI- following: ‘‘All Federal agencies to which debts ‘‘(A) a lender or servicer in a Federal guaran- TIES UNDER THE DEBT COLLECTION are owed and are delinquent in repayment, shall teed or insured loan program; ACT OF 1982. (a) Subsection 8(e) of the Debt Collection Act participate in a computer match at least annu- ‘‘(B) an applicant for, or recipient of— ally of their delinquent debt records with of 1982 (Public Law 97–365, 31 U.S.C. 3701(d) ‘‘(i) a Federal guaranteed, insured, or direct records of Federal employees to identify those and 5 U.S.C. 5514 note) is repealed. loan; or employees who are delinquent in repayment of (b) Section 5 of the Social Security Domestic ‘‘(ii) a Federal license, permit, right-of-way, those debts. Matched Federal employee records Employment Reform Act of 1994 (Public Law grant, benefit payment or insurance; shall include, but shall not be limited to, active 103–387) is repealed. ‘‘(C) a contractor of the agency; Civil Service employees government-wide, mili- (c) Section 631 of the Tariff Act of 1930 (19 tary active duty personnel, military reservists, ‘‘(D) assessed a fine, fee, royalty or penalty U.S.C. 1631), is repealed. United States Postal Service employees, and by that agency; (d) Title 31, United States Code, is amended— records of seasonal and temporary employees. ‘‘(E) in a relationship with a Federal agency (1) in section 3701— The Secretary of the Treasury shall establish that may give rise to a receivable due to that (A) by amending subsection (a)(4) to read as and maintain an interagency consortium to im- agency, such as a partner of a borrower in or a follows: ‘‘(4) ‘executive, judicial or legislative agency’ plement centralized salary offset computer guarantor of a Federal direct or insured loan; means a department, military department, agen- matching, and promulgate regulations for this and cy, court, court administrative office, or instru- program. Agencies that perform centralized sal- ‘‘(F) is a joint holder of any account to which mentality in the executive, judicial or legislative ary offset computer matching services under this Federal benefit payments are transferred elec- branches of government, including government subsection are authorized to charge a fee suffi- tronically. corporations.’’; and cient to cover the full cost for such services.’’; ‘‘(2) Each agency shall disclose to the person (B) by inserting after subsection (c) the fol- (B) by redesignating paragraphs (3) and (4) as required to furnish a taxpayer identifying number under this subsection its intent to use such lowing new subsection: paragraphs (4) and (5), respectively; ‘‘(d) Sections 3711(f) and 3716–3719 of this title (C) by inserting after paragraph (2) the fol- number for purposes of collecting and reporting on any delinquent amounts arising out of such do not apply to a claim or debt under, or to an lowing new paragraph: amount payable under, the Internal Revenue ‘‘(3) The provisions of paragraph (2) shall not persons’s relationship with the government. ‘‘(3) For purposes of this subsection: Code of 1986.’’; apply to routine intra-agency adjustments of (2) by amending section 3711(f) to read as fol- pay that are attributable to clerical or adminis- ‘‘(A) The term ‘taxpayer identifying number’ has the meaning given such term in section 6109 lows: trative errors or delays in processing pay docu- ‘‘(f)(1) When trying to collect a claim of the of title 26, United States Code. ments that have occurred within the four pay Government, the head of an executive or legisla- ‘‘(B) The term ‘person’ means an individual, periods preceding the adjustment and to any ad- tive agency may disclose to a consumer report- sole proprietorship, partnership, corporation, justment that amounts to $50 or less, provided ing agency information from a system of records nonprofit organization, or any other form of that at the time of such adjustment, or as soon that an individual is responsible for a claim if business association, but with the exception of thereafter as practical, the individual is pro- notice required by section 552a(e)(4) of title 5, debtors owing claims resulting from petroleum vided written notice of the nature and the United States Code, indicates that information pricing violations does not include debtors amount of the adjustment and a point of con- in the system may be disclosed to a consumer re- under third party claims of the United States. tact for contesting such adjustment.’’; and porting agency. (D) by amending paragraph (5)(B) (as redesig- ‘‘(d) ACCESS TO SOCIAL SECURITY NUMBERS.— ‘‘(2) The information disclosed to a consumer nated) to read as follows: Notwithstanding section 552a of title 5, United reporting agency shall be limited to— ‘‘(B) For purposes of this section ‘agency’ in- States Code, creditor agencies to which a delin- ‘‘(A) information necessary to establish the cludes executive departments and agencies, the quent claim is owed, and their agents, may identity of the individual, including name, ad- United States Postal Service, the Postal Rate match their debtor records with the Social Secu- dress and taxpayer identifying number; Commission, the United States Senate, the rity Administration records to verify name, ‘‘(B) the amount, status, and history of the United States House of Representatives, and name control, Social Security number, address, claim; and any court, court administrative office, or instru- and date of birth.’’. ‘‘(C) the agency or program under which the mentality in the judicial or legislative branches SEC. 5232. BARRING DELINQUENT FEDERAL claim arose.’’; and of government, and government corporations.’’; DEBTORS FROM OBTAINING FED- (3) in section 3718— (2) by adding at the end of subsection (b) the ERAL LOANS OR LOAN GUARANTEES. (A) in subsection (a), by striking the first sen- following new paragraphs: (a) Title 31, United States Code, is amended tence and inserting instead the following: ‘‘(3) For purposes of this section, the Clerk of by adding after section 3720A the following new ‘‘Under conditions the head of an executive, leg- the House of Representatives shall be deemed to section: islative or judicial agency considers appropriate,

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00209 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2550 CONGRESSIONAL RECORD — SENATE March 20, 1996 the head of an agency may make a contract ‘‘(5) Not later than January 1 of each year, (b) This section shall be effective as of October with a person for collection service to recover in- there shall be deposited into the Treasury as 1, 1995. debtedness owed, or to locate or recover assets miscellaneous receipts, an amount equal to the Subpart E—Federal Civil Monetary Penalties of, the United States Government. No head of amount of unobligated balances remaining in SEC. 5251. ADJUSTING FEDERAL CIVIL MONETARY an agency may enter into a contract to locate or the Account at the close of business on Sep- PENALTIES FOR INFLATION. recover assets of the United States held by a tember 30 of the preceding year minus any part (a) The Federal Civil Penalties Inflation Ad- State government or financial institution unless of such balance that the executive department justment Act of 1990 (Public Law 101–410, 104 that agency has established procedures ap- or agency operating the debt collection center Stat. 890; 28 U.S.C. 2461 note) is amended— proved by the Secretary of the Treasury to iden- determines is necessary to cover or defray the (1) by amending section 4 to read as follows: tify and recover such assets.’’; and costs under this subsection for the fiscal year in ‘‘SEC. 4. The head of each agency shall, not (B) in subsection (d), by inserting ‘‘, or to lo- which the deposit is made. later than 180 days after the date of enactment ‘‘(6)(A) The head of an executive, legislative, cate or recover assets of,’’ after ‘‘owed’’. of the Debt Collection Improvement Act of 1996, or judicial agency shall transfer to the Secretary SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING. and at least once every 4 years thereafter, by of the Treasury all non-tax claims over 180 days Section 3711 of title 31, United States Code, is regulation adjust each civil monetary penalty delinquent for additional collection action and/ amended by adding at the end the following provided by law within the jurisdiction of the or closeout. A taxpayer identification number new subsection: Federal agency, except for any penalty under shall be included with each claim provided if it ‘‘(g)(1) At the discretion of the head of an ex- title 26, United States Code, by the inflation ad- is in the agency’s possession. ecutive, judicial or legislative agency, referral of justment described under section 5 of this Act ‘‘(B) Subparagraph (A) shall not apply— a non-tax claim may be made to any executive and publish each such regulation in the Federal department or agency operating a debt collec- ‘‘(i) to claims that— ‘‘(I) are in litigation or foreclosure; Register.’’; tion center for servicing and collection in ac- ‘‘(II) will be disposed of under the loan sales (2) in section 5(a), by striking ‘‘The adjust- cordance with an agreement entered into under program of a Federal department or agency; ment described under paragraphs (4) and (5)(A) paragraph (2). Referral or transfer of a claim ‘‘(III) have been referred to a private collec- of section 4’’ and inserting ‘‘The inflation ad- may also be made to the Secretary of the Treas- tion contractor for collection; justment’’; and ury for servicing, collection, compromise, and/or ‘‘(IV) are being collected under internal offset (3) by adding at the end the following new suspension or termination of collection action. procedures; section: Non-tax claims referred or transferred under ‘‘(V) have been referred to the Department of ‘‘SEC. 7. Any increase to a civil monetary pen- this section shall be serviced, collected, com- the Treasury, the Department of Defense, the alty resulting from this Act shall apply only to promised, and/or collection action suspended or United States Postal Service, or a disbursing of- violations which occur after the date any such terminated in accordance with existing statu- ficial of the United States designated by the Sec- increase takes effect.’’. tory requirements and authorities. retary of the Treasury for administrative offset; (b) The initial adjustment of a civil monetary ‘‘(2) Executive departments and agencies oper- ‘‘(VI) have been retained by an executive penalty made pursuant to section 4 of Federal ating debt collection centers are authorized to agency in a debt collection center; or Civil Penalties Inflation Adjustment Act of 1990 enter into agreements with the heads of execu- ‘‘(VII) have been referred to another agency (as amended by subsection (a)) may not exceed tive, judicial, or legislative agencies to service for collection; 10 percent of such penalty. and/or collect non-tax claims referred or trans- ‘‘(ii) to claims which may be collected after Subpart F—Gain Sharing ferred under this subsection. The heads of other the 180-day period in accordance with specific executive departments and agencies are author- SEC. 5261. DEBT COLLECTION IMPROVEMENT AC- statutory authority or procedural guidelines, COUNT. ized to enter into agreements with the Secretary provided that the head of an executive, legisla- (a) Title 31, United States Code, is amended of the Treasury for servicing or collection of re- tive, or judicial agency provides notice of such by inserting after section 3720B the following ferred or transferred non-tax claims or other claims to the Secretary of the Treasury; and new section: Federal agencies operating debt collection cen- ‘‘(iii) to other specific class of claims as deter- ters to obtain debt collection services from those mined by the Secretary of the Treasury at the ‘‘§ 3720C. Debt Collection Improvement Ac- agencies. request of the head of an agency or otherwise. count ‘‘(3) Any agency to which non-tax claims are ‘‘(C) The head of an executive, legislative, or ‘‘(a)(1) There is hereby established in the referred or transferred under this subsection is judicial agency shall transfer to the Secretary of Treasury a special fund to be known as the authorized to charge a fee sufficient to cover the the Treasury all non-tax claims on which the ‘Debt Collection Improvement Account’ (herein- full cost of implementing this subsection. The agency has ceased collection activity. The Sec- after referred to as the ‘Account’). agency transferring or referring the non-tax retary may exempt specific classes of claims from ‘‘(2) The Account shall be maintained and claim shall be charged the fee, and the agency this requirement, at the request of the head of managed by the Secretary of the Treasury, who charging the fee shall collect such fee by retain- an agency, or otherwise. The Secretary shall re- shall ensure that programs are credited with the ing the amount of the fee from amounts col- view transferred claims to determine if addi- amounts described in subsection (b) and with al- lected pursuant to this subsection. Agencies may tional collection action is warranted. The Sec- locations described in subsection (c). agree to pay through a different method, or to retary may, in accordance with section 6050P of ‘‘(b)(1) Not later than 30 days after the end of fund the activity from another account or from title 26, United States Code, report to the Inter- a fiscal year, an agency other than the Depart- revenue received from Section 701. Amounts nal Revenue Service on behalf of the creditor ment of Justice is authorized to transfer to the charged under this subsection concerning delin- agency any claims that have been discharged Account a dividend not to exceed five percent of quent claims may be considered as costs pursu- within the meaning of such section. the debt collection improvement amount as de- ant to section 3717(e) of this title. ‘‘(7) At the end of each calendar year, the scribed in paragraph (3). ‘‘(4) Notwithstanding any other law con- head of an executive, legislative, or judicial ‘‘(2) Agency transfers to the Account may in- cerning the depositing and collection of Federal agency which, regarding a claim owed to the clude collections from— payments, including section 3302(b) of this title, agency, is required to report a discharge of in- ‘‘(A) salary, administrative and tax referral agencies collecting fees may retain the fees from debtedness as income under the 6050P of title 26, offsets; amounts collected. Any fee charged pursuant to United States Code, shall either complete the ‘‘(B) automated levy authority; this subsection shall be deposited into an ac- appropriate form 1099 or submit to the Secretary ‘‘(C) the Department of Justice; and count to be determined by the executive depart- of the Treasury such information as is necessary ‘‘(D) private collection agencies. ment or agency operating the debt collection for the Secretary of the Treasury to complete the ‘‘(3) For purposes of this section, the term center charging the fee (hereafter referred to in appropriate form 1099. The Secretary of the ‘debt collection improvement amount’ means the this section as the ‘Account’). Amounts depos- Treasury shall incorporate this information into amount by which the collection of delinquent ited in the Account shall be available until ex- the appropriate form and submit the informa- debt with respect to a particular program during pended to cover costs associated with the imple- tion to the taxpayer and Internal Revenue Serv- a fiscal year exceeds the delinquent debt base- mentation and operation of government-wide ice. line for such program for such fiscal year. The debt collection activities. Costs properly charge- ‘‘(8) To carry out the purposes of this sub- Office of Management and Budget shall deter- able to the Account include, but are not limited section, the Secretary of the Treasury is author- mine the baseline from which increased collec- to— ized— tions are measured over the prior fiscal year, ‘‘(A) the costs of computer hardware and soft- ‘‘(A) to prescribe such rules, regulations, and taking into account the recommendations made ware, word processing and telecommunications procedures as the Secretary deems necessary; by the Secretary of the Treasury in consultation equipment, other equipment, supplies, and fur- and with creditor agencies. niture; ‘‘(B) to designate debt collection centers oper- ‘‘(c)(1) The Secretary of the Treasury is au- ‘‘(B) personnel training and travel costs; ated by other Federal agencies.’’. thorized to make payments from the Account ‘‘(C) other personnel and administrative costs; SEC. 5243. COMPROMISE OF CLAIMS. solely to reimburse agencies for qualified ex- ‘‘(D) the costs of any contract for identifica- (a) Section 3711(a)(2) of title 31, United States penses. For agencies with franchise funds, pay- tion, billing, or collection services; and Code, is amended by striking out ‘‘$20,000 (ex- ments may be credited to subaccounts des- ‘‘(E) reasonable costs incurred by the Sec- cluding interest)’’ and inserting in lieu thereof ignated for debt collection. retary of the Treasury, including but not limited ‘‘$100,000 (excluding interest) or such higher ‘‘(2) For purposes of this paragraph, the term to, services and utilities provided by the Sec- amount as the Attorney General may from time ‘qualified expenses’ means expenditures for the retary, and administration of the Account. to time prescribe. improvement of tax administration and agency

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00210 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2551 debt collection and debt recovery activities in- United States, and includes a government cor- Subpart I—Reporting cluding, but not limited to, account servicing poration (as such term is defined in section 103 SEC. 5291. MONITORING AND REPORTING. (including cross-servicing under section 502 of of title 5, United States Code).’’. (a) The Secretary of the Treasury, in con- the Debt Collection Improvement Act of 1996), SEC. 5273. EXPANDING AUTHORITY TO COLLECT sultation with concerned Federal agencies, is automatic data processing equipment acquisi- PAST-DUE SUPPORT. authorized to establish guidelines, including in- tions, delinquent debt collection, measures to (a) Section 3720A(a) of title 31, United States formation on outstanding debt, to assist agen- minimize delinquent debt, asset disposition, and Code, is amended to read as follows: cies in the performance and monitoring of debt training of personnel involved in credit and debt ‘‘(a) Any Federal agency that is owed by a collection activities. management. named person a past-due, legally enforceable (b) Not later than three years after the date of ‘‘(3) Payments made to agencies pursuant to debt (including past-due support and debt ad- enactment of this Act, the Secretary of the paragraph (1) shall be in proportion to their ministered by a third party acting as an agent Treasury shall report to the Congress on collec- contributions to the Account. for the Federal Government) shall, in accord- tion services provided by Federal agencies or en- ‘‘(4)(A) Amounts in the Account shall be ance with regulations issued pursuant to sub- tities collecting debt on behalf of other Federal available to the Secretary of the Treasury to the sections (b) and (d), notify the Secretary of the agencies under the authorities contained in sec- extent and in the amounts provided in advance Treasury at least once a year of the amount of tion 3711(g) of title 31, United States Code. in appropriation Acts, for purposes of this sec- such debt.’’. (c) Section 3719 of title 31, United States Code, tion. Such amounts are authorized to be appro- (b) Section 464(a) of the Social Security Act is amended— priated without fiscal year limitation. (42 U.S.C. 664(a)) is amended— (1) in subsection (a)— ‘‘(B) As soon as practicable after the end of (A) by amending the first sentence to read as third fiscal year after which appropriations are (1) in paragraph (1), by adding at the end thereof the following: ‘‘This subsection may be follows: ‘‘In consultation with the Comptroller made pursuant to this section, and every 3 years General, the Secretary of the Treasury shall thereafter, any unappropriated balance in the implemented by the Secretary of the Treasury in accordance with section 3720A of title 31, United prescribe regulations requiring the head of each account as determined by the Secretary of the agency with outstanding non-tax claims to pre- Treasury in consultation with agencies, shall be States Code.’’; and (2) in paragraph (2)(A), by adding at the end pare and submit to the Secretary at least once a transferred to the Treasury general fund as mis- year a report summarizing the status of loans cellaneous receipts. thereof the following: ‘‘This subsection may be implemented by the Secretary of the Treasury in and accounts receivable managed by the head of ‘‘(d) For direct loan and loan guarantee pro- the agency.’’; and grams subject to title V of the Congressional accordance with section 3720A of title 31, United States Code.’’. (B) in paragraph (3), by striking ‘‘Director’’ Budget Act of 1974, amounts credited in accord- and inserting ‘‘Secretary’’; and ance with subsection (c) shall be considered ad- Subpart H—Definitions, Due Process Rights, (2) in subsection (b), by striking ‘‘Director’’ ministrative costs and shall not be included in and Severability and inserting ‘‘Secretary’’. the estimated payments to the Government for SEC. 5281. TECHNICAL AMENDMENTS TO DEFINI- (d) Notwithstanding any other provision of the purpose of calculating the cost of such pro- TIONS. law, the Secretary of the Treasury is authorized grams. Section 3701 of title 31, United States Code, is to consolidate all reports concerning debt collec- ‘‘(e) The Secretary of the Treasury shall pre- amended— tion into one annual report. scribe such rules, regulations, and procedures as (1) by amending subsection (a)(1) to read as the Secretary deems necessary or appropriate to PART II—JUSTICE DEBT MANAGEMENT follows: carry out the purposes of this section.’’. Subpart A—Private Attorneys (b) The table of sections for subchapter II of ‘‘(1) ‘administrative offset’ means withholding money payable by the United States (including SEC. 5301. EXPANDED USE OF PRIVATE ATTOR- chapter 37 of title 31, United States Code, is NEYS. money payable by the United States on behalf of amended by inserting after the item relating to (a) Section 3718(b)(1)(A) of title 31, United a State government) to, or held by the United section 3720B the following new item: States Code, is amended by striking the fourth States for, a person to satisfy a claim.’’; sentence. ‘‘3720C. Debt Collection Improvement Ac- (2) by amending subsection (b) to read as fol- (b) Sections 3 and 5 of the Federal Debt Re- count.’’. lows: Subpart G—Tax Refund Offset Authority covery Act (Public Law 99–578, 100 Stat. 3305) ‘‘(b)(1) The term ‘claim’ or ‘debt’ means any are hereby repealed. SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY amount of money or property that has been de- DISBURSING OFFICIALS. termined by an appropriate official of the Fed- Subpart B—Nonjudicial Foreclosure Section 3720A(h) of title 31, United States eral Government to be owed to the United States SEC. 5311. NONJUDICIAL FORECLOSURE OF Code, is amended to read as follows: by a person, organization, or entity other than MORTGAGES. ‘‘(h)(1) The term ‘Secretary of the Treasury’ another Federal agency. A claim includes, with- Chapter 176 of title 28 of the United States may include the disbursing official of the De- out limitation, money owed on account of loans Code is amended by adding at the end thereof partment of the Treasury. insured or guaranteed by the Government, non- the following: ‘‘(2) The disbursing official of the Department appropriated funds, over-payments, any amount ‘‘SUBCHAPTER E—NONJUDICIAL of the Treasury— the United States is authorized by statute to col- FORECLOSURE ‘‘(A) shall notify a taxpayer in writing of— lect for the benefit of any person, and other ‘‘Sec. ‘‘(i) the occurrence of an offset to satisfy a amounts of money or property due the Govern- ‘‘3401. Definitions. past-due legally enforceable non-tax debt; ment. ‘‘3402. Rules of construction. ‘‘(ii) the identity of the creditor agency re- ‘‘(2) For purposes of section 3716 of this title, ‘‘3403. Election of procedure. questing the offset; and the term ‘claim’ also includes an amount of ‘‘3404. Designation of foreclosure trustee. ‘‘(iii) a contact point within the creditor agen- money or property owed by a person to a State, ‘‘3405. Notice of foreclosure sale; statute of limi- cy that will handle concerns regarding the off- the District of Columbia, American Samoa, the tations. set; United States Virgin Islands, the Common- ‘‘3406. Service of notice of foreclosure sale. ‘‘(B) shall notify the Internal Revenue Service wealth of the Northern Mariana Islands, or the ‘‘3407. Cancellation of foreclosure sale. on a weekly basis of— Commonwealth of Puerto Rico where there is ‘‘3408. Stay. ‘‘(i) the occurrence of an offset to satisfy a also a Federal monetary interest or in cases of ‘‘3409. Conduct of sale; postponement. past-due legally enforceable non-tax debt; court ordered child support.’’; and ‘‘3410. Transfer of title and possession. ‘‘(ii) the amount of such offset; and (3) by adding after subsection (f) (as added in ‘‘3411. Record of foreclosure and sale. ‘‘(iii) any other information required by regu- section 5202(a)) the following new subsection: ‘‘3412. Effect of sale. lations; and ‘‘(g) In section 3716 of this title— ‘‘3413. Disposition of sale proceeds. ‘‘(C) shall match payment records with re- ‘‘3414. Deficiency judgment. quests for offset by using a name control, tax- ‘‘(1) ‘creditor agency’ means any entity owed payer identifying number (as defined in 26 a claim that seeks to collect that claim through ‘‘§ 3401. Definitions U.S.C. 6109), and any other necessary identi- administrative offset; and ‘‘As used in this subchapter— fiers.’’. ‘‘(2) ‘payment certifying agency’ means any ‘‘(1) ‘agency’ means— Federal department, agency, or instrumentality SEC. 5272. EXPANDING TAX REFUND OFFSET AU- ‘‘(A) an executive department as defined in THORITY. and government corporation, that has trans- section 101 of title 5, United States Code; (a) Section 3720A of title 31, United States mitted a voucher to a disbursing official for dis- ‘‘(B) an independent establishment as defined Code, is amended by adding after subsection (h) bursement.’’. in section 104 of title 5, United States Code (ex- the following new subsection: SEC. 5282. SEVERABILITY. cept that it shall not include the General Ac- ‘‘(i) An agency subject to section 9 of the Act If any provision of this title, or the amend- counting Office); of May 18, 1933 (16 U.S.C. 831h) may implement ments made by this title, or the application of ‘‘(C) a military department as defined in sec- this section at its discretion.’’. any provision to any entity, person, or cir- tion 102 of title 5, United States Code; and (b) Section 6402(f) of title 26, United States cumstance is for any reason adjudged by a court ‘‘(D) a wholly owned government corporation Code, is amended to read as follows: of competent jurisdiction to be invalid, the reas defined in section 9101(3) of title 31, United ‘‘(f) FEDERAL AGENCY.—For purposes of this mainder of this title, and the amendments made States Code; section, the term ‘Federal agency’ means a de- by this title, or its application shall not be af- ‘‘(2) ‘agency head’ means the head and any partment, agency, or instrumentality of the fected. assistant head of an agency, and may upon the

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00211 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2552 CONGRESSIONAL RECORD — SENATE March 20, 1996 designation by the head of an agency include which acceleration or foreclosure is authorized. ‘‘(3) the street address or location of the secu- the chief official of any principal division of an An agency head may not institute foreclosure rity property, and a generally accepted designa- agency or any other employee of an agency; proceedings on the mortgage under any other tion used to describe the security property, or so ‘‘(3) ‘bona fide purchaser’ means a purchaser provision of law, or refer such mortgage for liti- much thereof as is to be offered for sale, suffi- for value in good faith and without notice of gation, during the pendency of foreclosure pro- cient to identify the property to be sold; any adverse claim who acquires the seller’s in- ceedings pursuant to this subchapter. ‘‘(4) the date of the mortgage, the office in terest free of any adverse claim; ‘‘(b) EFFECT OF CANCELLATION OF SALE.—If a which the mortgage is filed, and the location of ‘‘(4) ‘debt instrument’ means a note, mortgage foreclosure sale is canceled pursuant to section the filing of the mortgage; bond, guaranty or other instrument creating a 3407, the agency head may thereafter foreclose ‘‘(5) the default or defaults upon which fore- debt or other obligation, including any instru- on the security property in any manner author- closure is based, and the date of the accelera- ment incorporated by reference therein and any ized by law. tion of the debt instrument; instrument or agreement amending or modifying ‘‘§ 3404. Designation of foreclosure trustee ‘‘(6) the date, time, and place of the fore- a debt instrument; ‘‘(a) IN GENERAL.—An agency head shall des- closure sale; ‘‘(5) ‘file’ or ‘filing’ means docketing, index- ignate a foreclosure trustee who shall supersede ‘‘(7) a statement that the foreclosure is being ing, recording, or registering, or any other re- any trustee designated in the mortgage. A fore- conducted in accordance with this subchapter; quirement for perfecting a mortgage or a judg- closure trustee designated under this section ‘‘(8) the types of costs, if any, to be paid by ment; shall have a nonjudicial power of sale pursuant the purchaser upon transfer of title; and ‘‘(6) ‘foreclosure trustee’ means an individual, to this subchapter. ‘‘(9) the terms and conditions of sale, includ- partnership, association, or corporation, or any ‘‘(b) DESIGNATION OF FORECLOSURE TRUST- ing the method and time of payment of the fore- employee thereof, including a successor, ap- EE.— closure purchase price. pointed by the agency head to conduct a fore- ‘‘(1) An agency head may designate as fore- ‘‘§ 3406. Service of notice of foreclosure sale closure trustee— closure sale pursuant to this subchapter; ‘‘(a) RECORD NOTICE.—At least 21 days prior ‘‘(A) an officer or employee of the agency; ‘‘(7) ‘mortgage’ means a deed of trust, deed to to the date of the foreclosure sale, the notice of secure debt, security agreement, or any other ‘‘(B) an individual who is a resident of the State in which the security property is located; foreclosure sale required by section 3405 shall be form of instrument under which any interest in filed in the manner authorized for filing a notice real property, including leaseholds, life estates, or ‘‘(C) a partnership, association, or corpora- of an action concerning real property according reversionary interests, and any other estates to the law of the State where the security prop- under applicable law is conveyed in trust, mort- tion, provided such entity is authorized to transact business under the laws of the State in erty is located or, if none, in the manner au- gaged, encumbered, pledged or otherwise ren- thorized by section 3201 of this chapter. dered subject to a lien, for the purpose of secur- which the security property is located. ‘‘(2) The agency head is authorized to enter ‘‘(b) NOTICE BY MAIL.— ing the payment of money or the performance of into personal services and other contracts not ‘‘(1) At least 21 days prior to the date of the any other obligation; inconsistent with this subchapter. foreclosure sale, the notice set forth in section ‘‘(8) ‘of record’ means an interest recorded ‘‘(c) METHOD OF DESIGNATION.—An agency 3405 shall be sent by registered or certified mail, pursuant to Federal or State statutes that pro- head shall designate the foreclosure trustee in return receipt requested— vide for official recording of deeds, mortgages writing. The foreclosure trustee may be des- ‘‘(A) to the current owner of record of the se- and judgments, and that establish the effect of ignated by name, title, or position. An agency curity property as the record appears on the such records as notice to creditors, purchasers, head may designate one or more foreclosure date that the notice of foreclosure sale is re- and other interested persons; trustees for the purpose of proceeding with mul- corded pursuant to subsection (a); ‘‘(9) ‘owner’ means any person who has an tiple foreclosures or a class of foreclosures. ‘‘(B) to all debtors, including the mortgagor, ownership interest in property and includes ‘‘(d) AVAILABILITY OF DESIGNATION.—An assignees of the mortgagor and guarantors of heirs, devisees, executors, administrators, and agency head may designate such foreclosure the debt instrument; other personal representatives, and trustees of trustees as the agency head deems necessary to ‘‘(C) to all persons having liens, interests or testamentary trusts if the owner of record is de- carry out the purposes of this subchapter. encumbrances of record upon the security prop- ceased; ‘‘(e) MULTIPLE FORECLOSURE TRUSTEES AU- erty, as the record appears on the date that the ‘‘(10) ‘sale’ means a sale conducted pursuant THORIZED.—An agency head may designate mul- notice of foreclosure sale is recorded pursuant to to this subchapter, unless the context requires tiple foreclosure trustees for different tracts of a subsection (a); and otherwise; and secured property. ‘‘(D) to any occupants of the security prop- ‘‘(11) ‘security property’ means real property, ‘‘(f) REMOVAL OF FORECLOSURE TRUSTEES; erty. If the names of the occupants of the secu- or any interest in real property including lease- SUCCESSOR FORECLOSURE TRUSTEES.—An agen- rity property are not known to the agency, or holds, life estates, reversionary interests, and cy head may, with or without cause or notice, the security property has more than one dwell- any other estates under applicable State law remove a foreclosure trustee and designate a ing unit, the notice shall be posted at the secu- that secure a mortgage. successor trustee as provided in this section. The rity property. ‘‘§ 3402. Rules of construction foreclosure sale shall continue without prejudice ‘‘(2) The notice shall be sent to the debtor at ‘‘(a) IN GENERAL.—If an agency head elects to notwithstanding the removal of the foreclosure the address, if any, set forth in the debt instru- proceed under this subchapter, this subchapter trustee and designation of a successor fore- ment or mortgage as the place to which notice is shall apply and the provisions of this sub- closure trustee. Nothing in this section shall be to be sent, and if different, to the debtor’s last chapter shall govern in the event of a conflict construed to prohibit a successor foreclosure known address as shown in the mortgage record with any other provision of Federal law or State trustee from postponing the foreclosure sale in of the agency. The notice shall be sent to any law. accordance with this subchapter. person other than the debtor to that person’s ‘‘(b) LIMITATION.—This subchapter shall not ‘‘§ 3405. Notice of foreclosure sale; statute of address of record or, if there is no address of be construed to supersede or modify the oper- limitations record, to any address at which the agency in ation of— ‘‘(a) IN GENERAL.— good faith believes the notice is likely to come to ‘‘(1) the lease-back/buy-back provisions under ‘‘(1) Not earlier than 21 days nor later than that person’s attention. section 1985 of title 7, United States Code, or ten years after acceleration of a debt instrument ‘‘(3) Notice by mail pursuant to this sub- regulations promulgated thereunder; or or demand on a guaranty, the foreclosure trust- section shall be effective upon mailing. ‘‘(2) The Multifamily Mortgage Foreclosure ee shall serve a notice of foreclosure sale in ac- ‘‘(c) NOTICE BY PUBLICATION.—The notice of Act of 1981 (chapter 38 of title 12, United States cordance with this subchapter. the foreclosure sale shall be published at least Code). ‘‘(2) For purposes of computing the time pe- once a week for each of three successive weeks ‘‘(c) EFFECT ON OTHER LAWS.—This sub- riod under paragraph (1), there shall be ex- prior to the sale in at least one newspaper of chapter shall not be construed to curtail or limit cluded all periods during which there is in ef- general circulation in any county or counties in the rights of the United States or any of its fect— which the security property is located. If there agencies— ‘‘(A) a judicially imposed stay of foreclosure; is no newspaper published at least weekly that ‘‘(1) to foreclose a mortgage under any other or has a general circulation in at least one county provision of Federal law or State law; or ‘‘(B) a stay imposed by section 362 of title 11, in which the security property is located, copies ‘‘(2) to enforce any right under Federal law or United States Code. of the notice of foreclosure sale shall instead be State law in lieu of or in addition to foreclosure, ‘‘(3) In the event of partial payment or writ- posted at least 21 days prior to the sale at the including any right to obtain a monetary judg- ten acknowledgement of the debt after accelera- courthouse of any county or counties in which ment. tion of the debt instrument, the right to fore- the property is located and the place where the ‘‘(d) APPLICATION TO MORTGAGES.—The provi- closure shall be deemed to accrue again at the sale is to be held. time of each such payment or acknowledgement. sions of this subchapter may be used to foreclose ‘‘§ 3407. Cancellation of foreclosure sale any mortgage, whether executed prior or subse- ‘‘(b) NOTICE OF FORECLOSURE SALE.—The no- ‘‘(a) IN GENERAL.—At any time prior to the quent to the effective date of this subchapter. tice of foreclosure sale shall include— ‘‘(1) the name, title, and business address of foreclosure sale, the foreclosure trustee shall ‘‘§ 3403. Election of procedure the foreclosure trustee as of the date of the no- cancel the sale— ‘‘(a) SECURITY PROPERTY SUBJECT TO FORE- tice; ‘‘(1) if the debtor or the holder of any subordi- CLOSURE.—An agency head may foreclose a ‘‘(2) the names of the original parties to the nate interest in the security property tenders the mortgage upon the breach of a covenant or con- debt instrument and the mortgage, and any as- performance due under the debt instrument and dition in a debt instrument or mortgage for signees of the mortgagor of record; mortgage, including any amounts due because

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00212 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2553 of the exercise of the right to accelerate, and the closure trustee deems appropriate. The notice for the transfer of title to the security property expenses of proceeding to foreclosure incurred to shall be served by publication, mailing, and by the foreclosure trustee’s deed shall be im- the time of tender; posting in accordance with section 3406 (b) and posed upon or collected from the foreclosure ‘‘(2) if the security property is a dwelling of (c), except that publication may be made on any trustee or the purchaser by any State or polit- four units or fewer, and the debtor— of three separate days prior to the new date of ical subdivision thereof. ‘‘(A) pays or tenders all sums which would the foreclosure sale, and mailing may be made ‘‘§ 3411. Record of foreclosure and sale have been due at the time of tender in the ab- at any time at least 7 days prior to the new date ‘‘(a) RECITAL REQUIREMENTS.—The fore- sence of any acceleration; of the foreclosure sale. closure trustee shall recite in the deed to the ‘‘(B) performs any other obligation which IABILITY OF SUCCESSFUL BIDDER WHO ‘‘(d) L purchaser, or in an addendum to the foreclosure would have been required in the absence of any FAILS TO COMPLY.—The foreclosure trustee may trustee’s deed, or shall prepare an affidavit stat- acceleration; and require a bidder to make a cash deposit before ing— ‘‘(C) pays or tenders all costs of foreclosure the bid is accepted. The amount or percentage of incurred for which payment from the proceeds ‘‘(1) the date, time, and place of sale; the cash deposit shall be stated by the fore- ‘‘(2) the date of the mortgage, the office in of the sale would be allowed; or closure trustee in the notice of foreclosure sale. which the mortgage is filed, and the location of ‘‘(3) for any reason approved by the agency A successful bidder at the foreclosure sale who head. the filing of the mortgage; fails to comply with the terms of the sale shall ‘‘(3) the persons served with the notice of fore- ‘‘(b) LIMITATION.—The debtor may not, with- forfeit the cash deposit or, at the election of the out the approval of the agency head, cure the closure sale; foreclosure trustee, shall be liable to the agency ‘‘(4) the date and place of filing of the notice default under subsection (a)(2) if, within the on a subsequent sale of the property for all net preceding 12 months, the debtor has cured a de- of foreclosure sale under section 3406(a); losses incurred by the agency as a result of such ‘‘(5) that the foreclosure was conducted in ac- fault after being served with a notice of fore- failure. cordance with the provisions of this subchapter; closure sale pursuant to this subchapter. ‘‘(e) EFFECT OF SALE.—Any foreclosure sale and ‘‘(c) NOTICE OF CANCELLATION.—The fore- held in accordance with this subchapter shall be ‘‘(6) the sale amount. closure trustee shall file a notice of the cancella- conclusively presumed to have been conducted ‘‘(b) EFFECT OF RECITALS.—The recitals set tion in the same place and manner provided for in a legal, fair, and commercially reasonable forth in subsection (a) shall be prima facie evi- the filing of the notice of foreclosure sale under manner. The sale price shall be conclusively pre- dence of the truth of such recitals. Compliance section 3406(a). sumed to constitute the reasonably equivalent with the requirements of subsection (a) shall ‘‘§ 3408. Stay value of the security property. create a conclusive presumption of the validity ‘‘If, prior to the time of sale, foreclosure pro- ‘‘§ 3410. Transfer of title and possession of the sale in favor of bona fide purchasers and ceedings under this subchapter are stayed in ‘‘(a) DEED.—After receipt of the purchase encumbrancers for value without notice. any manner, including the filing of bankruptcy, price in accordance with the terms of the sale as ‘‘(c) DEED TO BE ACCEPTED FOR FILING.—The no person may thereafter cure the default under provided in the notice of foreclosure sale, the register of deeds or other appropriate official of the provisions of section 3407(a)(2). If the de- foreclosure trustee shall execute and deliver to the county or counties where real estate deeds fault is not cured at the time a stay is termi- the purchaser a deed conveying the security are regularly filed shall accept for filing and nated, the foreclosure trustee shall proceed to property to the purchaser that grants and con- shall file the foreclosure trustee’s deed and affi- sell the security property as provided in this veys title to the security property without war- davit, if any, and any other instruments sub- subchapter. ranty or covenants to the purchaser. The execu- mitted for filing in relation to the foreclosure of ‘‘§ 3409. Conduct of sale; postponement tion of the foreclosure trustee’s deed shall have the security property under this subchapter. ‘‘(a) SALE PROCEDURES.—Foreclosure sale the effect of conveying all of the right, title, and ‘‘§ 3412. Effect of sale pursuant to this subchapter shall be at public interest in the security property covered by the ‘‘A sale conducted under this subchapter to a auction and shall be scheduled to begin at a mortgage. Notwithstanding any other law to the bona fide purchaser shall bar all claims upon time between the hours of 9:00 a.m. and 4:00 contrary, the foreclosure trustee’s deed shall be the security property by— p.m. local time. The foreclosure sale shall be a conveyance of the security property and not a ‘‘(1) any person to whom the notice of fore- held at the location specified in the notice of quitclaim. No judicial proceeding shall be re- closure sale was mailed as provided in this sub- foreclosure sale, which shall be a location where quired ancillary or supplementary to the proce- chapter who claims an interest in the property real estate foreclosure auctions are customarily dures provided in this subchapter to establish subordinate to that of the mortgage, and the held in the county or one of the counties in the validity of the conveyance. heir, devisee, executor, administrator, successor, which the property to be sold is located or at a ‘‘(b) DEATH OF PURCHASER PRIOR TO CON- or assignee claiming under any such person; courthouse therein, or upon the property to be SUMMATION OF SALE.—If a purchaser dies before ‘‘(2) any person claiming any interest in the sold. Sale of security property situated in two or execution and delivery of the deed conveying property subordinate to that of the mortgage, if more counties may be held in any one of the the security property to the purchaser, the fore- such person had actual knowledge of the sale; counties in which any part of the security prop- closure trustee shall execute and deliver the ‘‘(3) any person so claiming, whose assign- erty is situated. The foreclosure trustee may des- deed to the representative of the purchaser’s es- ment, mortgage, or other conveyance was not ignate the order in which multiple tracts of se- tate upon payment of the purchase price in ac- filed in the proper place for filing, or whose curity property are sold. cordance with the terms of sale. Such delivery to judgment or decree was not filed in the proper ‘‘(b) BIDDING REQUIREMENTS.—Written one- the representative of the purchaser’s estate shall place for filing, prior to the date of filing of the price sealed bids shall be accepted by the fore- have the same effect as if accomplished during notice of foreclosure sale as required by section closure trustee, if submitted by the agency head the lifetime of the purchaser. 3406(a), and the heir, devisee, executor, adminis- or other persons for entry by announcement by ‘‘(c) PURCHASER CONSIDERED BONA FIDE PUR- trator, successor, or assignee of such a person; the foreclosure trustee at the sale. The sealed CHASER WITHOUT NOTICE.—The purchaser of or bids shall be submitted in accordance with the property under this subchapter shall be pre- ‘‘(4) any other person claiming under a statu- terms set forth in the notice of foreclosure sale. sumed to be a bona fide purchaser without no- tory lien or encumbrance not required to be filed The agency head or any other person may bid at tice of defects, if any, in the title conveyed to and attaching to the title or interest of any per- the foreclosure sale, even if the agency head or the purchaser. son designated in any of the foregoing sub- other person previously submitted a written one- ‘‘(d) POSSESSION BY PURCHASER; CONTINUING sections of this section. price bid. The agency head may bid a credit INTERESTS.—A purchaser at a foreclosure sale ‘‘§ 3413. Disposition of sale proceeds against the debt due without the tender or pay- conducted pursuant to this subchapter shall be ‘‘(a) DISTRIBUTION OF SALE PROCEEDS.—The ment of cash. The foreclosure trustee may serve entitled to possession upon passage of title to foreclosure trustee shall distribute the proceeds as auctioneer, or may employ an auctioneer who the security property, subject to any interest or of the foreclosure sale in the following order— may be paid from the sale proceeds. If an auc- interests senior to that of the mortgage. The ‘‘(1)(A) to pay the commission of the fore- tioneer is employed, the foreclosure trustee is right to possession of any person without an in- closure trustee, other than an agency employee, not required to attend the sale. The foreclosure terest senior to the mortgage who is in posses- the greater of— trustee or an auctioneer may bid as directed by sion of the property shall terminate immediately ‘‘(i) the sum of— the agency head. upon the passage of title to the security prop- ‘‘(I) 3 percent of the first $1,000 collected, plus ‘‘(c) POSTPONEMENT OF SALE.—The fore- erty, and the person shall vacate the security ‘‘(II) 1.5 percent on the excess of any sum col- closure trustee shall have discretion, prior to or property immediately. The purchaser shall be lected over $1,000; or at the time of sale, to postpone the foreclosure entitled to take any steps available under Fed- ‘‘(ii) $250; and sale. The foreclosure trustee may postpone a eral law or State law to obtain possession. ‘‘(B) the amounts described in subparagraph sale to a later hour the same day by announcing ‘‘(e) RIGHT OF REDEMPTION; RIGHT OF POSSES- (A)(i) shall be computed on the gross proceeds of or posting the new time and place of the fore- SION.—This subchapter shall preempt all Fed- all security property sold at a single sale; closure sale at the time and place originally eral and State rights of redemption, statutory, ‘‘(2) to pay the expense of any auctioneer em- scheduled for the foreclosure sale. The fore- or common law. Upon conclusion of the public ployed by the foreclosure trustee, if any, except closure trustee may instead postpone the fore- auction of the security property, no person shall that the commission payable to the foreclosure closure sale for not fewer than 9 nor more than have a right of redemption. trustee pursuant to paragraph (1) shall be re- 31 days, by serving notice that the foreclosure ‘‘(f) PROHIBITION OF IMPOSITION OF TAX ON duced by the amount paid to an auctioneer, un- sale has been postponed to a specified date, and CONVEYANCE BY THE UNITED STATES OR AGENCY less the agency head determines that such re- the notice may include any revisions the fore- THEREOF.—No tax, or fee in the nature of a tax, duction would adversely affect the ability of the

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agency head to retain qualified foreclosure SUBCHAPTER B—FAA GRANTS-IN-AID FOR duced or delivered for introduction into inter- trustees or auctioneers; AIRPORTS state commerce; or ‘‘(3) to pay for the costs of foreclosure, includ- FEDERAL AVIATION ADMINISTRATION GRANTS-IN- ‘‘(ii) requires licensing by the Secretary under ing— AID FOR AIRPORTS section 351 of the Public Health Service Act or ‘‘(A) reasonable and necessary advertising by the Secretary of Agriculture under the Act of (AIRPORT AND AIRWAY TRUST FUND) costs and postage incurred in giving notice pur- March 4, 1913 (known as the Virus-Serum Toxin suant to section 3406; (RESCISSION OF CONTRACT AUTHORITY) Act) before it may be introduced or delivered for ‘‘(B) mileage for posting notices and for the Of the available contract authority balances introduction into interstate commerce; and foreclosure trustee’s or auctioneer’s attendance under this account, $48,000,000 are hereby re- ‘‘(B) does not have such approval or license, at the sale at the rate provided in section 1921 scinded, in addition to any such sums otherwise is not exempt from such sections or Act, and is of title 28, United States Code, for mileage by rescinded by this Act. introduced or delivered for introduction into the most reasonable road distance; TITLE VI—FOOD AND DRUG EXPORT interstate commerce; or ‘‘(C) reasonable and necessary costs actually REFORM ‘‘(2) which, in the case of a device— incurred in connection with any search of title SEC. 6001. SHORT TITLE, REFERENCE. ‘‘(A) does not comply with an applicable re- and lien records; and (a) SHORT TITLE.—This title may be cited as quirement under section 514 or 515; ‘‘(D) necessary costs incurred by the fore- the ‘‘FDA Export Reform and Enhancement Act ‘‘(B) under section 520(g) is exempt from either closure trustee to file documents; of 1996’’. such section; or ‘‘(4) to pay valid real property tax liens or as- (b) REFERENCE.—Wherever in this title (other ‘‘(C) is a banned device under section 516, sessments, if required by the notice of fore- than in section 6004) an amendment or repeal is is adulterated, misbranded, and in violation of closure sale; expressed in terms of an amendment to, or re- such sections or Act unless the export of the ‘‘(5) to pay any liens senior to the mortgage, peal of, a section or other provision, the ref- drug or device is authorized under subsection if required by the notice of foreclosure sale; erence shall be considered to be made to a sec- (b), (c), (d), or (e), or under section 801(e)(2). If ‘‘(6) to pay service charges and advancements tion or other provision of the Federal Food, a drug (including a biological product) or device for taxes, assessments, and property insurance Drug, and Cosmetic Act. (21 U.S.C. 321 et seq.) described in paragraphs (1) and (2) may be ex- premiums; and SEC. 6002. EXPORT OF DRUGS AND DEVICES. ported under subsection (b) and if an applica- ‘‘(7) to pay late charges and other administration for such drug or device under section 505 or (a) EXPORT AND IMPORTS.—Section 801 (21 tive costs and the principal and interest bal- 514 or section 351 of the Public Health Service ances secured by the mortgage, including ex- U.S.C. 381) is amended— (1) in subsection (d), by adding at the end Act was disapproved, the Secretary shall notify penditures for the necessary protection, preser- the appropriate public health official of the vation, and repair of the security property as thereof the following new paragraphs: ‘‘(3) No component, part, or accessory of a country to which such drug will be exported of authorized under the debt instrument or mort- drug, biological product, or device, including a such disapproval. gage and interest thereon if provided for in the drug in bulk inform, shall be excluded from im- ‘‘(b)(1) Except as otherwise provided in this debt instrument or mortgage, pursuant to the portation into the United States under subsection, a drug (including a biological product) agency’s procedure. section (a) if— or device may be exported to any country, if the ‘‘(b) INSUFFICIENT PROCEEDS.—In the event drug or device complies with the laws of that there are no proceeds of sale or the proceeds are ‘‘(A) the importer affirms at the time of initial importation that such component, part, or ac- country and has valid marketing authorization insufficient to pay the costs and expenses set by the appropriate approval authority— forth in subsection (a), the agency head shall cessory is intended to be incorporated by the initial owner or consignee into a drug, biological ‘‘(A) in Australia, Canada, Israel, Japan, New pay such costs and expenses as authorized by Zealand, Switzerland, or South Africa; or applicable law. product, or device that will be exported by such owner or consignee from the United States in ‘‘(B) in the European Union or a country in ‘‘(c) SURPLUS MONIES.— the European Economic Area (the countries in ‘‘(1) After making the payments required by accordance with subsection 801(e) or section 802 of this Act or section 351(h) of the Public Health the European Union and the European Free subsection (a), the foreclosure trustee shall— Trade Association) if the drug or device is mar- ‘‘(A) distribute any surplus to pay liens in the Service Act; ‘‘(B) the initial owner or consignee responsible keted in that country or the drug or device is order of priority under Federal law or the law of authorized for general marketing in the Euro- the State where the security property is located; for such imported articles maintains records that identify the use of such imported articles pean Economic Area. and ‘‘(2) The Secretary may designate an addi- ‘‘(B) pay to the person who was the owner of and upon request of the Secretary submits a report that provides an accounting of the expor- tional country or countries to be included in the record on the date the notice of foreclosure sale list of countries described in subparagraphs (A) was filed the balance, if any, after any pay- tation or the disposition of the imported articles, including portions that have been destroyed, and (B) of paragraph (1). The Secretary shall ments made pursuant to paragraph (1). not delegate the authority granted under this ‘‘(2) If the person to whom such surplus is to and the manner in which such person complied with the requirements of this paragraph; and paragraph. be paid cannot be located, or if the surplus ‘‘(3) An appropriate country official, manu- available is insufficient to pay all claimants and ‘‘(C) any imported component, part or accessory not so incorporated is destroyed or exported facturer, or exporter may request the Secretary the claimants cannot agree on the distribution to designate an additional country or countries of the surplus, that portion of the sale proceeds by the owner or consignee.’’ ‘‘(4) The importation into the United States of to be included in the list of countries described may be deposited by the foreclosure trustee with in subparagraphs (A) and (B) of paragraph (1) an appropriate official authorized under law to blood, blood components, source plasma, and source leukocytes, is not permitted pursuant to by submitting documentation to the Secretary in receive funds under such circumstances. If such support of such designation. Any person other a procedure for the deposit of disputed funds is paragraph (3) unless the importation complies with section 351(a) of the Public Health Service than a country requesting such designation not available, and the foreclosure trustee files a shall include along with the request a letter bill of interpleader or is sued as a stakeholder to Act. The importation of tissue is not permitted pursuant to paragraph (3) unless the importa- from the country indicating the desire of such determine entitlement to such funds, the fore- country to be designated. closure trustee’s necessary costs in taking or de- tion complies with section 361 of the Public Health Service Act.’’; ‘‘(4) The Secretary shall designate a country fending such action shall be deducted first from or countries to be included in the list of coun- the disputed funds. (2) in subsection (e)(1), by striking the second sentence; tries described in subparagraphs (A) and (B) of ‘‘§ 3414. Deficiency judgment (3) in subsection (e)(2)— paragraph (1) if the Secretary finds that the ‘‘(a) IN GENERAL.—If after deducting the dis- (A) by striking ‘‘the Secretary’’ and inserting valid marketing authorization system in such bursements described in section 3413, the price at ‘‘either (i) the Secretary’’; and country or countries is equivalent to the systems which the security property is sold at a fore- (B) by inserting before the period at the end in the countries described in subparagraphs (A) closure sale is insufficient to pay the unpaid thereof the following: ‘‘or (ii) the device is eligi- and (B) of paragraph (1). balance of the debt secured by the security prop- ble for export under section 802’’; and ‘‘(c) A drug or device intended for investiga- erty, counsel for the United States may com- (4) in subsection (e), by adding at the end tional use in any country described in sub- mence an action or actions against any or all thereof the following new paragraph:; section (b) may be exported in accordance with debtors to recover the deficiency, unless specifi- ‘‘(3) A new animal drug that requires ap- the laws of that country and shall be exempt cally prohibited by the mortgage. The United proval under section 512 shall not be exported from regulation under section 505(i) or 520(g). States is also entitled to recover any amount au- pursuant to paragraph (1) if such drug has been ‘‘(d) A drug or device intended for formula- thorized by section 3011 and costs of the action. banned in the United States.’’. tion, filling, packaging, labeling, or further ‘‘(b) LIMITATION.—Any action commenced to (b) EXPORT OF CERTAIN UNAPPROVED DRUGS processing in anticipation of market authoriza- recover the deficiency shall be brought within 6 AND DEVICES.—Section 802 (21 U.S.C. 382) is tion in any country described in paragraph years of the last sale of security property. amended to read as follows: (1)(A) or (B) of subsection (b) may be exported ‘‘(c) CREDITS.—The amount payable by a pri- ‘‘EXPORTS OF CERTAIN UNAPPROVED PRODUCTS to those countries for use in accordance with vate mortgage guaranty insurer shall be credited ‘‘SEC. 802. (a) A drug (including a biological the laws of that country. to the account of the debtor prior to the com- product) intended for human use or a device for ‘‘(e)(1) A drug (including a biological product) mencement of an action for any deficiency owed human use— or device which is to be used in the prevention by the debtor. Nothing in this subsection shall ‘‘(1) which, in the case of a drug— or treatment of a tropical disease or other dis- curtail or limit the subrogation rights of a pri- ‘‘(A)(i) requires approval by the Secretary ease not prevalent in the United States and vate mortgage guaranty insurer.’’. under section 505 before such drug may be intro- which does not otherwise qualify for export

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00214 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2555 under this section may, upon approval of an ap- ‘‘(i) the holder of an approved application ‘‘(4) the drug or device is not labeled or pro- plication submitted under paragraph (2), be ex- under paragraph (2) is exporting a drug or de- moted— ported if— vice from the United States to an importer; ‘‘(A) in accordance with the requirements and ‘‘(A) the Secretary finds, based on credible sci- ‘‘(ii) such importer is exporting the drug or de- conditions for use in— entific evidence, including clinical investiga- vice to a country for which the Secretary cannot ‘‘(i) the country in which the drug or device tions, that the drug or device is safe and effec- make a finding under paragraph (1)(A); and received a valid marketing authorization under tive in the country to which the drug or device ‘‘(iii) such export presents an imminent haz- subsection (b)(2); and is to be exported in the prevention or treatment ard to the public health in such country, of a tropical disease or other disease not preva- the Secretary shall immediately prohibit the ex- ‘‘(ii) the country to which the drug or device lent in the United States in such country; port of the drug or device to such importer, pro- would be exported; and ‘‘(B) the drug or device is manufactured, proc- vide the person exporting the drug or device ‘‘(B) in the language of the country or des- essed, packaged, and held in conformity with from the United States prompt notice of the de- ignated by the country to which the drug or de- current good manufacturing practice and is not termination, and afford such person an oppor- vice would be exported. adulterated under subsection (a)(1), (a)(2)(A), tunity for an expedited hearing. A determina- ‘‘In making a finding under paragraph (3)(B), (a)(3), (c), or (d) of section 501; tion by the Secretary under this subparagraph the Secretary shall, to the maximum extent pos- ‘‘(C) the outside of the shipping package is la- may not be stayed pending final action by a re- sible, consult with the appropriate public health beled with the following statement: ‘This drug viewing court. The authority conferred by this official in the affected country. or device may be sold or offered for sale only in subparagraph shall not be delegated by the Sec- the following countries: llllll’, the blank retary. ‘‘(g) The exporter of a drug or device exported space being filled with a list of the countries to ‘‘(C) If the Secretary, or in the absence of the under this section shall provide a simple notifi- which export of the drug or device is authorized Secretary, the official designated to act on be- cation to the Secretary when the exporter first under this subsection; half of the Secretary, determines that the holder begins to export such drug or device to a coun- ‘‘(D) the drug or device is not the subject of a of an approved application under paragraph (2) try and shall maintain records of all products notice by the Secretary or the Secretary of Agri- is exporting a drug or device to a country for exported pursuant to this section. culture of a determination that the manufacture which the Secretary cannot make a finding ‘‘(h) For purposes of this section— of the drug or device in the United States for ex- under paragraph (1)(A), and that the export of the drug or device presents an imminent hazard, (1) a reference to the Secretary shall in the port to a country is contrary to the public case of a biological product which is required to health and safety of the United States; and the Secretary shall immediately prohibit the export of the drug or device to such country, give be licensed under the Act of March 4, 1913 (37 ‘‘(E) the requirements of subparagraphs (A) the holder prompt notice of the determination, Stat. 832-833) (commonly known as the Virus- through (D) of section 801(e)(1) have been met. and afford the holder an opportunity for an ex- Serum Toxin Act) be considered to be a reference ‘‘(2) Any person may apply to have a drug or pedited hearing. A determination by the Sec- to the Secretary of Agriculture, and device exported under paragraph (1). The appli- retary under this subparagraph may not be (2) the term ‘‘drug’’ includes drugs for human cation shall— stayed pending final action by a reviewing use as well as biologicals under section 351 of ‘‘(A) describe the drug or device to be ex- court. The authority conferred by this subpara- the Public Health Service Act or the Act of ported; graph shall not be delegated by the Secretary. March 4, 1913 (37 Stat. 832-833) (commonly ‘‘(B) list each country to which the drug or ‘‘(D) If the Secretary receives credible evi- known as the Virus-Serum Toxin Act).’’ device is to be exported; dence that the holder of an application ap- ‘‘(C) contain a certification by the applicant proved under paragraph (2) is exporting a drug SEC. 6003. PROHIBITED ACT. that the drug or device will not be exported to or device to a country for which the Secretary Section 301 (21 U.S.C. 331) is amended— a country for which the Secretary cannot make cannot make a finding under paragraph (1)(A), (1) by redesignating the second subsection (u) a finding described in paragraph (1)(A); the Secretary shall give the holder 60 days to as subsection (v); and ‘‘(D) identify the establishments in which the provide information to the Secretary respecting (2) by adding at the end thereof the following drug or device is manufactured; and such evidence and shall provide the holder an new subsection: ‘‘(E) demonstrate to the Secretary that the opportunity for an informal hearing on such drug or device meets the requirements of para- evidence. Upon the expiration of such 60 days, ‘‘(w)(1) The failure to maintain records as re- graph (1). the Secretary shall prohibit the export of such quired by section 801(d)(3), the making of a ‘‘(3) The holder of an approved application drug or device to such country if the Secretary knowing false statement in any record or report for the export of a drug or device under this determines the holder is exporting the drug or required or requested under section 801(d)(3), subsection shall report to the Secretary— device to a country for which the Secretary can- the release into interstate commerce of any arti- ‘‘(A) the receipt of any information indicating not make a finding under paragraph (1)(A). cle imported into the United States under sec- that the drug or device is being or may have ‘‘(E) If the Secretary receives credible evidence tion 801(d)(3) or any finished product made from been exported from a country for which the Sec- that an importer is exporting a drug or device to such article (except for export in accordance retary made a finding under paragraph (1)(A) to a country for which the Secretary cannot make with subsection 801(e) or section 802 of the Act a country for which the Secretary cannot make a finding under paragraph (1)(A), the Secretary or section 351(h) of the Public Health Service such a finding; and shall notify the holder of the application au- Act), or the failure to export or destroy any ‘‘(B) the receipt of any information indicating thorizing the export of such drug or device of component, part or accessory not incorporated any adverse reactions to such drug. such evidence and shall require the holder to in- into a drug, biological product or device that ‘‘(4)(A) If the Secretary determines that— vestigate the export by such importer and to re- will be exported in accordance with subsection ‘‘(i) a drug or device for which an application port to the Secretary within 14 days of the re- 801(e) or section 802 of this Act or section 351(h) is approved under paragraph (2) does not con- ceipt of such notice the findings of the holder. of the Public Health Service Act.’’ If the Secretary determines that the importer tinue to meet the requirements of paragraph (1); SEC. 6004. PARTIALLY PROCESSED BIOLOGICAL ‘‘(ii) the holder of such application has not has exported a drug or device to such a country, PRODUCTS. made the report required by paragraph (3); or the Secretary shall prohibit such holder from ex- ‘‘(iii) the manufacture of such drug or device porting such drug or device to the importer un- Subsection (h) of section 351 of the Public in the United States for export is contrary to the less the Secretary determines that the export by Health Service Act (42 U.S.C. 262) is amended to public health and safety of the United States the importer was unintentional. read as follows: and an application for the export of such drug ‘‘(f) A drug or device may not be exported ‘‘(h) A partially processed biological product or device has been approved under paragraph under this section if— which— (2), ‘‘(1) the drug or device is not manufactured, ‘‘(1) is not in a form applicable to the preven- processed, packaged, and held in conformity then before taking action against the holder of tion, treatment, or cure of diseases or injuries of with current good manufacturing practice or is man; an application for which a determination was adulterated under paragraph (1), (2)(A), or (3) made under clause (i), (ii), or (iii), the Secretary of section 501(a) or subsection (c) or (d) of sec- ‘‘(2) is not intended for sale in the United shall notify the holder in writing of the deter- tion 501; States; and mination and provide the holder 30 days to take ‘‘(2) the requirements of subparagraphs (A) ‘‘(3) is intended for further manufacture into such action as may be required to prevent the through (D) of section 801(e)(1) have not been final dosage form outside the United States, Secretary from taking action against the holder met; under this subparagraph. If the Secretary takes ‘‘(3)(A) the drug or device is the subject of a shall be subject to no restriction on the export of action against such holder because of such a de- notice by the Secretary or the Secretary of Agri- the product under this Act or the Federal Food, termination, the Secretary shall provide the culture of a determination that the possibility of Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) if holder a written statement specifying the rea- reimportation of the exported drug or device the product is manufactured, processed, pack- sons for such determination and provide the would present an imminent hazard to the public aged, and held in conformity with current good holder, on request, an opportunity for an infor- health and safety of the United States and the manufacturing practice and meets the require- mal hearing with respect to such determination. only means of limiting the hazard is to prohibit ments in section 801(e)(1) of the Federal Food, ‘‘(B) If at any time the Secretary, or in the the export of the drug or device; Drug, and Cosmetic Act (21 U.S.C. 381(e)).’’. absence of the Secretary, the official designated ‘‘(B) the drug or device presents an imminent This Act may be cited as the ‘‘Omnibus Con- to act on behalf of the Secretary, determines hazard to the public health of the country to solidated Rescissions and Appropriations Act of that— which the drug or device would be exported; or 1996’’.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00215 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2556 CONGRESSIONAL RECORD — SENATE March 20, 1996 NINTH CIRCUIT COURT OF SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR The Senator from Alaska [Mr. MUR- APPEALS REORGANIZATION ACT JUDGES. KOWSKI], for Mrs. FEINSTEIN, for herself, Mr. Each judge who is a senior judge of the former REID, Mr. BURNS, Mr. BIDEN, Mr. KENNEDY, Mr. MURKOWSKI. Mr. President, I ninth circuit on the day before the effective date and Mr. AKAKA, proposes an amendment ask unanimous consent that the Sen- of this Act may elect to be assigned to the new numbered 3558. ninth circuit or to the twelfth circuit and shall ate proceed to the immediate consider- The text of the amendment follows: ation of calendar No. 260, S. 956, regard- notify the Director of the Administrative Office of the United States Courts of such election. Strike all after the enacting clause and in- ing the ninth circuit. sert; The PRESIDING OFFICER. The SEC. 7. SENIORITY OF JUDGES. The seniority of each judge— COMMISSION ON STRUCTURAL ALTERNATIVES clerk will report. FOR THE FEDERAL COURTS OF AP- (1) who is assigned under section 5 of this Act; The legislative clerk read as follows: PEALS or A bill (S. 956) to amend title 28, United SECTION 1. ESTABLISHMENT AND FUNCTIONS OF (2) who elects to be assigned under section 6 of COMMISSION. States Code, to divide the ninth judicial cir- this Act; (a) ESTABLISHMENT.—There is established a cuit of the United States into two circuits, shall run from the date of commission of such Commission on Structural Alternatives for and for other purposes. judge as a judge of the former ninth circuit. the Federal Courts of Appeals (hereinafter The PRESIDING OFFICER. Is there SEC. 8. APPLICATION TO CASES. referred to as the ‘‘Commission’’). objection to the immediate consider- The provisions of the following paragraphs of (b) FUNCTIONS.—The function of the Com- ation of the bill? this section apply to any case in which, on the mission shall be to— There being no objection, the Senate day before the effective date of this Act, an ap- (1) study the present division of the United proceeded to consider the bill which peal or other proceeding has been filed with the States into the several judicial circuits; had been reported from the Committee former ninth circuit: (2) study the structure and alignment of on the Judiciary, with an amendment (1) If the matter has been submitted for deci- the Federal courts of appeals with particular sion, further proceedings in respect of the mat- reference to the Ninth Circuit; and to strike all after the enacting clause ter shall be had in the same manner and with (3) report to the President and the Con- and inserting in lieu thereof the fol- the same effect as if this Act had not been en- gress its recommendations for such changes lowing: acted. in circuit boundaries or structure as may be SECTION 1. SHORT TITLE. (2) If the matter has not been submitted for appropriate for the expeditious and effective This Act may be cited as the ‘‘Ninth Circuit decision, the appeal or proceeding, together disposition of the caseload of the Federal Court of Appeals Reorganization Act of 1995’’. with the original papers, printed records, and Courts of Appeals, consistent with funda- SEC. 2. NUMBER AND COMPOSITION OF CIR- record entries duly certified, shall, by appro- mental concepts of fairness and due process. CUITS. priate orders, be transferred to the court to SEC. 2. MEMBERSHIP. Section 41 of title 28, United States Code, is which it would have gone had this Act been in (a) COMPOSITION.—The Commission shall be amended— full force and effect at the time such appeal was composed of eleven members appointed as (1) in the matter before the table, by striking taken or other proceeding commenced, and fur- follows: out ‘‘thirteen’’ and inserting in lieu thereof ther proceedings in respect of the case shall be (1) Two members appointed by the Presi- ‘‘fourteen’’; had in the same manner and with the same ef- dent of the United States. (2) in the table, by striking out the item relat- fect as if the appeal or other proceeding had (2) Three members appointed by the Major- ing to the ninth circuit and inserting in lieu been filed in such court. ity Leader, in consultation with the Minor- thereof the following new item: (3) A petition for rehearing or a petition for ity Leader of the Senate. ‘‘Ninth ...... California, Hawaii, Guam, rehearing en banc in a matter decided before the (3) Three members appointed by the Speak- Northern Mariana Is- effective date of this Act, or submitted before the er of the House of Representatives in con- lands.’’; effective date of this Act and decided on or after sultation with the Minority Leader of the and the effective date as provided in paragraph (1) House of Representatives. (3) between the last 2 items of the table, by in- of this section, shall be treated in the same man- (4) Three members appointed by the Chief serting the following new item: ner and with the same effect as though this Act Justice of the United States. had not been enacted. If a petition for rehearing ‘‘Twelfth ...... Alaska, Arizona, Idaho, (b) VACANCY.—Any vacancy in the Commis- Montana, Nevada, Or- en banc is granted, the matter shall be reheard sion shall be filled in the same manner as the egon, Washington.’’ by a court comprised as though this Act had not original appointment. SEC. 3. NUMBER OF CIRCUIT JUDGES. been enacted. (c) CHAIR.—The Commission shall elect a The table in section 44(a) of title 28, United SEC. 9. DEFINITIONS. Chair and Vice Chair from among its mem- States Code, is amended— For purposes of this Act, the term— bers. (1) by striking out the item relating to the (1) ‘‘former ninth circuit’’ means the ninth ju- (d) QUORUM.—Six members of the Commis- ninth circuit and inserting in lieu thereof the dicial circuit of the United States as in existence sion shall constitute a quorum, but three following new item: on the day before the effective date of this Act; may conduct hearings. (2) ‘‘new ninth circuit’’ means the ninth judi- ‘‘Ninth ...... 15’’; SEC. 3. COMPENSATION. and cial circuit of the United States established by the amendment made by section 2(2) of this Act; (a) IN GENERAL.—Members of the Commis- (2) by inserting between the last 2 items at the sion who are officers, or full-time employees, end thereof the following new item: and (3) ‘‘twelfth circuit’’ means the twelfth judi- of the United States shall receive no addi- ‘‘Twelfth ...... 13’’. cial circuit of the United States established by tional compensation for their services; but SEC. 4. PLACES OF CIRCUIT COURT. the amendment made by section 2(3) of this Act. shall be reimbursed for travel, subsistence, The table in section 48 of title 28, United and other necessary expenses incurred in the SEC. 10. ADMINISTRATION. States Code, is amended— performance of duties vested in the Commis- The court of appeals for the ninth circuit as (1) by striking out the item relating to the sion, but not exceeding the maximum constituted on the day before the effective date ninth circuit and inserting in lieu thereof the amounts authorized under section 456 of title of this Act may take such administrative action following new item: 28, United States Code. as may be required to carry out this Act. Such (b) PRIVATE MEMBERS.—Members of the ‘‘Ninth ...... San Francisco, Los Ange- court shall cease to exist for administrative pur- les.’’; Commission from private life shall receive poses on July 1, 1997. and $200 per diem for each day (including travel- SEC. 11. EFFECTIVE DATE. (2) by inserting between the last 2 items at the time) during which the member is engaged in This Act and the amendments made by this end thereof the following new item: the actual performance of duties vested in Act shall take effect 60 days after the date of the Commission, plus reimbursement for ‘‘Twelfth ...... Portland, Seattle, Phoe- the enactment of this Act. nix.’’. travel, subsistence, and other necessary ex- SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES AND AMENDMENT NO. 3558 penses incurred in the performance of such CLERK OF THE COURT. (Purpose: To establish a Commission on duties, but not in excess of the maximum (a) CIRCUIT JUDGES.—No later than 60 days Structural Alternatives for the Federal amounts authorized under section 456 of title after the date of the enactment of this Act, the Courts of Appeals) 28, United States Code. judicial council for the former ninth circuit Mr. MURKOWSKI. Mr. President, on SEC. 4. PERSONNEL. shall make assignments of the circuit judges of behalf of Senators FEINSTEIN, REID, (a) EXECUTIVE DIRECTOR.—The Commission may appoint an Executive Director who shall the former ninth circuit to the new ninth circuit BURNS, and others, I send a substitute receive compensation at a rate not exceeding and the twelfth circuit, consistent with the pro- amendment to the desk and I ask for visions of this Act. the rate prescribed for level V of the Execu- (b) CLERK OF THE COURT.—The Clerk of the its immediate consideration. tive Schedule under section 5316 of title 5, Court for the Twelfth Circuit United States The PRESIDING OFFICER. The United States Code. Court of Appeals shall be located in Phoenix, clerk will report. (b) STAFF.—The Executive Director, with Arizona. The legislative clerk read as follows: approval of the Commission, may appoint

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00216 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2557 and fix the compensation of such additional COMMISSION ON STRUCTURAL ALTER- maximum rate of basic pay for a position personnel as he determines necessary, with- NATIVES FOR THE FEDERAL COURTS above GS–15 of the General Schedule under out regard to the provisions of title 5, United OF APPEALS section 5108 of title 5, United States Code. (c) EXPERTS AND CONSULTANTS.—The Direc- States Code, governing appointments in the SECTION. 1. ESTABLISHMENT AND FUNCTIONS competitive service or the provisions of OF COMMISSION. tor may procure personal services of experts chapter 51 and subchapter III of chapter 53 of (a) ESTABLISHMENT.—There is established a and consultants as authorized by section 3109 such title relating to classification and Gen- Commission on Structural Alternatives for of title 5, United States Code, at rates not to eral Schedule pay rates. Compensation under the Federal Courts of Appeals (hereinafter exceed the highest level payable under the this subsection shall not exceed the annual referred to as the ‘‘Commission’’). General Schedule pay rates under section 5332 of title 5, United States Code. maximum rate of basic pay for a position (b) FUNCTIONS.—The function of the Com- (d) SERVICES.—The Administrative Office above GS–15 of the General Schedule under mission shall be to— of the United States Courts shall provide ad- section 5108 of title 5, United States Code. (1) study the present division of the United ministrative services, including financial (c) EXPERTS AND CONSULTANTS.—The Direc- States into the several judicial circuits; and budgeting services, for the Commission tor may procure personal services of experts (2) study the structure and alignment of on a reimbursable basis. The Federal Judi- and consultants as authorized by section 3109 the Federal courts of appeals with particular cial Center shall provide necessary research of title 5, United States Code, at rates not to reference to the ninth circuit; and services on a reimbursable basis. exceed the highest level payable under the (3) report to the President and the Con- General Schedule pay rates under section gress its recommendations for such changes SEC. 5. INFORMATION. 5332 of title 5, United States Code. in circuit boundaries or structure as may be The Commission is authorized to request (d) SERVICES.—The Administrative Office appropriate for the expeditious and effective from any department, agency, or inde- of the United States Courts shall provide ad- disposition of the caseload of the Federal pendent instrumentality of the Government ministrative services, including financial Courts of Appeal, consistent with funda- any information and assistance it determines necessary to carry out its functions and budgeting services, for the Commission mental concepts of fairness and due process. on a reimbursable basis. The Federal Judi- under this title and each such department, SEC. 2. MEMBERSHIP. agency, and independent instrumentality is cial Center shall provide necessary research (a) COMPOSITION.—The Commission shall be services on a reimbursable basis. authorized to provide such information and composed of eleven members appointed as assistance to the extent permitted by law SEC. 5. INFORMATION. follows: when requested by the Chair of the Commis- The Commission is authorized to request (1) Two members appointed by the Presi- sion. from any department, agency, or inde- dent of the United States. SEC. 6. REPORT. pendent instrumentality of the Government (2) Three members appointed by the Major- The Commission shall transmit its report any information and assistance it deter- ity Leader of the Senate, in consultation to the President and the Congress no later mines necessary to carry out its functions with the Minority Leader of the Senate. than February 28, 1997. The Commission under this title and each such department, (3) Three members appointed by the Speak- shall terminate ninety days after the date of agency, and independent instrumentality is er of the House of Representatives, in con- the submission of its report. authorized to provide such information and sultation with the Minority Leader of the SEC. 7. AUTHORIZATION OF APPROPRIATIONS. House of Representatives. assistance to the extent permitted by law There are authorized to be appropriated to (4) Three members appointed by the Chief when requested by the Chair of the Commis- the Commission such sums, not to exceed Justice of the United States. sion. $500,000, as may be necessary to carry out the (b) VACANCY.—Any vacancy in the Commis- SEC. 6. REPORT. purposes of this title. Such sums as are ap- sion shall be filled in the same manner as the The Commission shall transmit its report propriated shall remain available until ex- original appointment. to the President and the Congress no later pended. (c) CHAIR.—The Commission shall elect a than February 28, 1997. The Commission SEC. 8. CONGRESSIONAL CONSIDERATION. shall terminate ninety days after the date of Chair and Vice Chair from among its members. Within sixty days of the transmission of the submission of its report. the report, the Committee on the Judiciary (d) QUORUM.—Six members of the Commis- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. sion shall constitute a quorum, but three of the Senate shall act on the report. There are authorized to be appropriated to may conduct hearings. Mr. MURKOWSKI. Mr. President, I the Commission such sums, not to exceed SEC. 3. COMPENSATION. ask unanimous consent that the title $500,000, as may be necessary to carry out the (a) IN GENERAL.—Members of the Commis- be amended to read: ‘‘A bill to Estab- purposes of this title. Such sums as are ap- sion who are officers, or full-time employees, propriated shall remain available until ex- lish a Commission on Structural Alter- of the United States shall receive no addi- pended. natives for the Federal Courts of Ap- tional compensation for their services, but peals.’’ SEC. 8. CONGRESSIONAL CONSIDERATION. shall be reimbursed for travel, subsistence, Within sixty days of the transmission of The PRESIDING OFFICER. Without and other necessary expenses incurred in the objection, it is so ordered. the report, the Committee on the Judiciary performance of duties vested in the Commis- of the Senate shall act on the report. The title was amended so as to read: sion, but not exceeding the maximum ‘‘A bill to establish a Commission on The PRESIDING OFFICER. Without amounts authorized under section 456 of title objection, the amendment is agreed to. 28, United States Code. Structural Alternatives for the Federal So the amendment (No. 3558) was (b) PRIVATE MEMBERS.—Members of the Courts of Appeals.’’ agreed to. Commission from private life shall receive f Mr. MURKOWSKI. Mr. President, I $200 per diem for each day (including travel- time) during which the member is engaged in PROVISION FOR A JOINT CON- move to reconsider the vote and lay the actual performance of duties vested in GRESSIONAL COMMITTEE ON IN- that motion on the table. the Commission, plus reimbursement for AUGURAL CEREMONIES The motion to lay on the table was travel, subsistence, and other necessary ex- agreed to. penses incurred in the performance of such The PRESIDING OFFICER. The bill duties, but not in excess of the maximum AUTHORIZING THE USE OF THE is open to further amendment. If there amounts authorized under section 456 of title ROTUNDA OF THE U.S. CAPITOL be no further amendment to be pro- 28, United States Code. ON JANUARY 20, 1997 posed, the question is on agreeing to SEC. 4. PERSONNEL. Mr. MURKOWSKI. Mr. President, I the committee amendment in the na- (a) EXECUTIVE DIRECTOR.—The Commission ask unanimous consent that the Sen- ture of a substitute, as amended. may appoint an Executive Director who shall receive compensation at a rate not exceeding ate proceed to the immediate consider- The committee amendment in the the rate prescribed for level V of the Execu- ation of Senate Concurrent Resolution nature of a substitute, as amended, was tive Schedule under section 5316 of title 5, 47 and Senate Concurrent Resolution agreed to. United States Code. 48, en bloc, resolutions submitted ear- The PRESIDING OFFICER. The (b) STAFF.—The Executive Director, with lier by Senators WARNER and FORD. I question is on the engrossment and approval of the Commission, may appoint further ask unanimous consent that third reading of the bill. and fix the compensation of such additional the resolutions be considered and The bill was ordered to engrossed for personnel as he determines necessary, with- agreed to en bloc, the motions to re- a third reading, was read the third out regard to the provisions of title 5, United consider be laid upon the table en bloc, States Code, governing appointments in the time, and passed, as follows: competitive service or the provisions of and that any statements relating to S. 956 chapter 51 and subchapter III of chapter 53 of those resolutions appear at the appro- Be it enacted by the Senate and House of Rep- such title relating to classification and Gen- priate place in the RECORD. resentatives of the United States of America in eral Schedule pay rates. Compensation under The PRESIDING OFFICER. Without Congress assembled, this subsection shall not exceed the annual objection, it is so ordered.

VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00217 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2558 CONGRESSIONAL RECORD — SENATE March 20, 1996 So the concurrent resolutions (S. sume the grazing fee bill, S. 1459, under MEDICAL SERVICE CORPS Con. Res. 47 and S. Con. Res. 48) were a previous order. There will be 75 min- JAMES R. SANDMAN, 000–00–0000 agreed to, as follows: utes of debate on the pending Bumpers GERRY D. STOVER, 000–00–0000 BIO-MEDICAL SCIENCE CORPS S. CON. RES. 47 amendment regarding increased fees Resolved by the Senate (the House of Rep- with a vote occurring at approximately JOHN J. BARLETTANO, 000–00–0000 resentatives concurring), That a Joint Con- 2 p.m. on Thursday. Additional votes IN THE ARMY gressional Committee on Inaugural Cere- could therefore occur during Thurs- THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE monies consisting of 3 Senators and 3 Rep- day’s session of the Senate. Also, the DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED resentatives, to be appointed by the Presi- IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF Senate could be asked to consider a TITLE 10, U.S.C. THE OFFICERS MARKED BY AN ASTERISK dent of the Senate and the Speaker of the (*) ARE ALSO NOMINATED FOR REGULAR APPOINTMENT House of Representatives, respectively, is au- short-term continuing resolution if ap- IN ACCORDANCE WITH SECTION 531 OF TITLE 10, U.S.C. thorized to make the necessary arrange- proved in the House of Representatives. To be lieutenant colonel ments for the inauguration of the President- f DANIEL F. ABAHAZY, 000–00–0000 elect and Vice President-elect of the United CATHERINE E. ABBOTT, 000–00–0000 States on the 20th day of January 1997. ADJOURNMENT UNTIL 9 A.M. CHRISTIAN A. ABBOTT, 000–00–0000 TOMORROW DALE M. ABERNATHY, 000–00–0000 MARK H. ABERNATHY, 000–00–0000 S. CON. RES. 48 Mr. MURKOWSKI. If there is no fur- JAMES C. ABNEY, 000–00–0000 Resolved by the Senate (the House of Rep- DAVID J. ABRAMOWITZ, 000–00–0000 ther business to come before the Sen- STEVEN D. ACENBRAK, 000–00–0000 resentatives concurring), That (a) the rotunda ate, I now ask unanimous consent that DOUGLASS S. ADAMS, 000–00–0000 of the United States Capitol is hereby au- KAREN S. ADAMS, 000–00–0000 thorized to be used on January 20, 1997, by the Senate stand in adjournment under JOHN F. AGOGLIA, 000–00–0000 the previous order. KENNETH B. AGOSTA, 000–00–0000 the Joint Congressional Committee on Inau- DEWAYNE AHNER, 000–00–0000 gural Ceremonies (the ‘‘Joint Committee’’) There being no objection, the Senate, MARK W. AKIN, 000–00–0000 at 7:44 p.m., adjourned until Thursday, GEORGE AKINS, JR., 000–00–0000 in connection with the proceedings and cere- *JOSE R. ALBINO, 000–00–0000 monies conducted for the inauguration of the March 21, 1996, at 9 a.m. RICHARD A. ALBRECHT, 000–00–0000 President-elect and Vice President-elect of ELI T. ALFORD, 000–00–0000 f ROBERT ALGERMISSEN, 000–00–0000 the United States. KERRY C. ALLEN, 000–00–0000 (b) The Joint Committee is authorized to NOMINATIONS BRADLEY G. ANDERSON, 000–00–0000 utilize appropriate equipment and the serv- DAVID S. ANDERSON, 000–00–0000 ices of appropriate personnel of departments Executive nominations received by JOEL D. ANDERSON, 000–00–0000 the Senate March 20, 1996: MARK C. ANDERSON, 000–00–0000 and agencies of the Federal Government, JEFFREY R. ANDREWS, 000–00–0000 under arrangements between such Com- SMALL BUSINESS ADMINISTRATION JOHN L. ARATA, 000–00–0000 mittee and the heads of such departments THOMAS M. ARIELLY, 000–00–0000 GINGER ELN LEW, OF CALIFORNIA, TO BE DEPUTY DI- JOHN S. ARNOLD, 000–00–0000 and agencies, in connection with such pro- RECTOR OF THE SMALL BUSINESS ADMINISTRATION, ROGER A. ARNZEN, 000–00–0000 ceedings and ceremonies. The Joint Com- VICE CASSANDRA M. PULLEY, RESIGNED. JOHN M. ATKINS, 000–00–0000 mittee may accept gifts and donations of NATIONAL COUNCIL ON DISABILITY MARK F. AVERILL, 000–00–0000 MARK W. AVERY, 000–00–0000 goods and services to carry out its respon- GINA MCDONALD, OF KANSAS, TO BE A MEMBER OF STEPHEN BACHINSKI, 000–00–0000 sibilities. THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- JOE T. BACK, JR., 000–00–0000 PIRING SEPTEMBER 17, 1998, VICE LARRY BROWN, JR., MARK D. BAEHRE, 000–00–0000 f TERM EXPIRED. MICHAEL D. BAEHRE, 000–00–0000 JAMES D. BAGWELL, 000–00–0000 ORDERS FOR THURSDAY, MARCH IN THE NAVY DON W. BAILEY, 000–00–0000 21, 1996 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN DAVID B. BAKER, 000–00–0000 THE NAVY OF THE UNITED STATES TO THE GRADE INDI- JOHN P. BAKER, II, 000–00–0000 Mr. MURKOWSKI. I ask unanimous CATED UNDER TITLE 10 UNITED STATES CODE, SECTION THOMAS M. BAKER, 000–00–0000 624: DANIEL L. BANKSTON, 000–00–0000 consent that when the Senate com- GARY A. BARBER, 000–00–0000 pletes its business today, it stand in SUPPLY CORPS CARLOS E. BARBOSA, 000–00–0000 WALTER R. BARFIELD, 000–00–0000 adjournment until the hour of 9 a.m. To be rear admiral ROBERT D. BARGERON, 000–00–0000 on Thursday, March 21; further, that REAR ADM. (LH) EDWARD R. CHAMBERLIN, 000–00–0000 CAROL A. BARKALOW, 000–00–0000 PETER R. BARNES, 000–00–0000 immediately following the prayer, the SENIOR HEALTH CARE EXECUTIVE THOMAS E. BARNES, 000–00–0000 Journal of proceedings be deemed ap- To be rear admiral MICHEAL A. BARNETT, 000–00–0000 proved to date, no resolutions come MARK A. BAROWSKI, 000–00–0000 REAR ADM. (LH) NOEL K. DYSART, JR., 000–00–0000 GERALD G. BARRETT, 000–00–0000 over under the rule, the call of the cal- REAR ADM. (LH) DENNIS I. WRIGHT, 000–00–0000 MICHAEL J. BARRON, 000–00–0000 ROBERT F. BARRY, 000–00–0000 endar be dispensed with, the morning IN THE AIR FORCE RONALD F. BARRY, 000–00–0000 hour be deemed to have expired and the FRANK L. BARTH, 000–00–0000 THE FOLLOWING MIDSHIPMEN, U.S. NAVAL ACADEMY DONALD BARTHOLOMEW, 000–00–0000 time for the two leaders be reserved for FOR APPOINTMENT AS SECOND LIEUTENANT IN THE JEFFREY BASILOTTA, 000–00–0000 their use later in the day; and the Sen- REGULAR AIR FORCE, UNDER THE PROVISIONS OF SEC- CHARLES A. BASS, 000–00–0000 TIONS 531 AND 541, TITLE 10, UNITED STATES CODE, WITH DEBBIE V. BAZEMORE, 000–00–0000 ate then proceed to the consideration DATES OF RANK TO BE DETERMINED BY THE SEC- GREGORY E. BEACH, 000–00–0000 of the conference report to accom- RETARY OF THE AIR FORCE. STEVEN F. BEAL, 000–00–0000 BRIAN H. BENEDICT, 000–00–0000 MICHAEL K. BEANS, 000–00–0000 panying H.R. 956, the product liability SEAN P. BOLES, 000–00–0000 YVONNE A. BEATTY, 000–00–0000 bill, as under the previous order. FRANCHESCA J. MALZAHN, 000–00–0000 REGINALD B. BEATY, 000–00–0000 The PRESIDING OFFICER. Without DANIEL K. ROBERTS, 000–00–0000 GREGORY T. BECK, 000–00–0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ROBERT C. BECKINGER, 000–00–0000 objection, it is so ordered. STATES OFFICERS FOR PROMOTION IN THE RESERVE OF ROGER A. BEHRINGER, 000–00–0000 Mr. MURKOWSKI. I ask unanimous THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS ANTHONY B. BELL, 000–00–0000 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE. DAVID K. BELL, 000–00–0000 consent that the cloture vote with re- PROMOTIONS MADE UNDER SECTION 8379 AND CON- DAVID J. BENDER, 000–00–0000 spect to the Special Committee to In- FIRMED BY THE SENATE UNDER SECTION 12203 SHALL WILLIAM E. BENNER, 000–00–0000 BEAR AN EFFECTIVE DATE ESTABLISHED IN ACCORD- KATHLEEN R. BENNETT, 000–00–0000 vestigate Whitewater occur imme- ANCE WITH SECTION 8374, TITLE 10 OF THE UNITED GUY C. BEOUGHER, 000–00–0000 STATES CODE. JAMES L. BERG, 000–00–0000 diately following the vote on adoption JON K. BERLIN, 000–00–0000 of the product liability conference re- LINE JANICE M. BERRY, 000–00–0000 CAROLE N. BEST, 000–00–0000 port. To be lieutenant colonel JODY L. BEVILLE, 000–00–0000 The PRESIDING OFFICER. Without MICHAEL G. COLANGELO, 000–00–0000 LEON A. BICKFORD, 000–00–0000 objection, it is so ordered. GAYLORD G. H. DOWSON, 000–00–0000 GEORGE M. BILAFER, 000–00–0000 KATHLEEN L. EASTBURN, 000–00–0000 VICTOR M. BIRD, 000–00–0000 f KEVIN J. FISCHER, 000–00–0000 MICHAEL J. BIZER, 000–00–0000 FRANCISCO A. FERNANDEZ, 000–00–0000 GARY L. BLACK, 000–00–0000 PROGRAM ELDRIDGE J. JOHNSON, JR., 000–00–0000 JERZELL L. BLACK, 000–00–0000 RICKY A. MANTEL, 000–00–0000 ROBERT J. BLACK, 000–00–0000 Mr. MURKOWSKI. Mr. President, for JAMES A. MC GOVERN, 000–00–0000 FREDDIE N. BLAKELY, 000–00–0000 the information of all Senators, the THOMAS G. MURGATROYD, 000–00–0000 JOHN D. BLASSER, 000–00–0000 DAVID B. MUZZY, 000–00–0000 GARY L. BLISS, 000–00–0000 Senate will debate the product liability DONALD W. PITTS, 000–00–0000 JAMES A. BLISS, 000–00–0000 conference report at 9 a.m. until 12 THOMAS F. ROUNDTREE, 000–00–0000 KEITH C. BLOWE, 000–00–0000 HURLEY R. TAYLOR, 000–00–0000 JAMES W. BOARDMAN, 000–00–0000 noon on Thursday. At 12 noon, a vote JILL L. BOARDMAN, 000–00–0000 JUDGE ADVOCATE GENERALS DEPARTMENT HAROLD J. BOCHSLER, 000–00–0000 will occur on adoption of the product JIM D. BODENHEIMER, 000–00–0000 liability conference report. CARLOS E. RODRIGUEZ, 000–00–0000 EDWARD F. BODLING, 000–00–0000 Mr. President, following the two CHAPLAIN CORPS KENNETH L. BOEGLEN, 000–00–0000 ALAN F. BOHNWAGNER, 000–00–0000 back-to-back votes, the Senate will re- DENNIS E. YOCUM, 000–00–0000 ROBERT W. BOISVERT, 000–00–0000

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CHRISTOPHER BOLAN, 000–00–0000 *MARY J. CLARK, 000–00–0000 MICHAEL EDRINGTON, 000–00–0000 JAMES L. BOLING, 000–00–0000 JILL K. CLEAVER, 000–00–0000 FRANK M. EDWARDS, 000–00–0000 CLIFF F. BOLTZ, 000–00–0000 GEORGE P. CLEMENTS, 000–00–0000 KELLY M. EDWARDS, 000–00–0000 DONNA G. BOLTZ, 000–00–0000 RICK L. COALWELL, 000–00–0000 OWEN T. EDWARDS, 000–00–0000 GWEND BONEYJOHNSON, 000–00–0000 JAMES P. COATES, 000–00–0000 ROBERT E. EDWARDS, 000–00–0000 DAVID J. BONGI, 000–00–0000 GARY P. COBB, 000–00–0000 ADRIAN A. EICHHORN, 000–00–0000 LEWIS M. BOONE, 000–00–0000 MICHAEL J. COGER, 000–00–0000 KENT W. EISELE, 000–00–0000 FELIX V. BOUGHTON, 000–00–0000 RUDOLPH R. COHEN, 000–00–0000 RICHARD K. EISSLER, 000–00–0000 STEVE G. BOUKEDES, 000–00–0000 PATRICK T. COHN, 000–00–0000 STEVEN C. ELDRIDGE, 000–00–0000 MARK A. BOUNDS, 000–00–0000 DAVID W. COKER, 000–00–0000 ELY E. ELEFANTE, 000–00–0000 REGINALD BOURGEOIS, 000–00–0000 WADE C. COLE, 000–00–0000 PETER R. ELIASON, 000–00–0000 GEORGE E. BOWEN, 000–00–0000 RICKEY L. COLEMAN, 000–00–0000 MICHAEL D. ELLERBE, 000–00–0000 EDWARD L. BOWIE, 000–00–0000 JEFFREY G. COLLEY, 000–00–0000 CONWAY S. ELLERS, 000–00–0000 JAMES F. BOWIE, 000–00–0000 RICKY B. COMBS, 000–00–0000 RONNIE T. ELLIS, 000–00–0000 MICHAEL M. BOWMAN, 000–00–0000 JAMES H. COMISH, 000–00–0000 TRACY L. ELLIS, 000–00–0000 *ROBERT J. BOYD, 000–00–0000 WILLIAM A. COMLEY, 000–00–0000 KEITH D. EMBERTON, 000–00–0000 MARK A. BOYLE, 000–00–0000 MICHAEL K. CONNELL, 000–00–0000 JAMES H. EMBREY, 000–00–0000 THOMAS J. BOYLE, 000–00–0000 MICHAEL C. CONNOLLY, 000–00–0000 JOHN S. EMMERSON, 000–00–0000 THOMAS G. BRADBEER, 000–00–0000 ARTHUR W. CONNOR, 000–00–0000 BRUCE E. EMPRIC, 000–00–0000 WOODROW BRADLEY, JR., 000–00–0000 MARY W. CONYERS, 000–00–0000 RICHARD A. ENDERLE, 000–00–0000 DONALD H. BRANNON, 000–00–0000 JAMES O. COOGLE, 000–00–0000 THOMAS J. ENDRES, 000–00–0000 JEFFREY L. BRANT, 000–00–0000 ROBERT T. COOK, 000–00–0000 DONALD W. ENGEN, 000–00–0000 LINDA K. BRATCHER, 000–00–0000 THOMAS M. COOKE, 000–00–0000 MICHAEL D. ENNEKING, 000–00–0000 LEAMON C. BRATTON, 000–00–0000 CORTEZ A. COOPER, 000–00–0000 CLINTON D. ESAREY, 000–00–0000 WILLIAM G. BRAUN, 000–00–0000 STEPHEN P. COOPER, 000–00–0000 BETTIE J. EVANS, 000–00–0000 JAMES G. BRAY, 000–00–0000 ALFRED A. COPPOLA, 000–00–0000 GEORGE D. EVELAND, 000–00–0000 ROBERT E. BREWSTER, 000–00–0000 MICHAEL F. CORBIN,* 000–00–0000 WILLIAM S. EWELL, 000–00–0000 DONALD W. BRIDGE, 000–00–0000 JOSEPH W. CORMACK, 000–00–0000 LARRY D. FALLEN, 000–00–0000 STEVEN J. BRIGGS, 000–00–0000 JERRY L. CORNELL, 000–00–0000 THOMAS N. FALLIN, 000–00–0000 BERTHA M. BRILEY, 000–00–0000 TIMOTHY R. CORNETT, 000–00–0000 MICHAEL A. FANT, 000–00–0000 JONATHAN BROCKMAN, 000–00–0000 RICARDO T. CORONADO,* 000–00–0000 DAVID C. FARNER, 000–00–0000 ANTHONY BROGNA, 000–00–0000 RENNIE M. CORY, 000–00–0000 DENNIS FEHRENBACH, 000–00–0000 GORDON B. BROOKS, 000–00–0000 GREGORY J. COSGROVE, 000–00–0000 MICHAEL W. FEIL, 000–00–0000 JAMES E. BROOKS, 000–00–0000 JAMES F. COSTIGAN, 000–00–0000 JOHN G. FINLEY, 000–00–0000 JEANNE M. BROOKS, 000–00–0000 MICHAEL P. COURTS, 000–00–0000 EDWARD J. FISHER, 000–00–0000 PAUL A. BROUGH, 000–00–0000 KENNETH J. COX, 000–00–0000 MARSHALL P. FITE, 000–00–0000 CARLTON E. BROWN, 000–00–0000 KENNY R. COX, 000–00–0000 DANIEL FITZGERALD, 000–00–0000 ELMER G. BROWN, 000–00–0000 RANDALL G. COX, 000–00–0000 TIMOTHY FITZGERALD, 000–00–0000 GILBERT Z. BROWN, 000–00–0000 BRIAN M. CRADDOCK, 000–00–0000 KELLY FITZPATRICK, 000–00–0000 HEIDI V. BROWN, 000–00–0000 GARY J. CRAFTON, 000–00–0000 ERIC A. FLAGG, 000–00–0000 JEFFREY V. BROWN, 000–00–0000 JESSIE CRAWFORD, JR., 000–00–0000 RICKIE G. FLEMING, 000–00–0000 MICHAEL A. BROWN, 000–00–0000 PAUL M. CRAWFORD, 000–00–0000 LARRY W. FLENIKEN, 000–00–0000 ROBERT B. BROWN, 000–00–0000 WID S. CRAWFORD, 000–00–0000 RICHARD A. FLOREK, 000–00–0000 ROBERT P. BROWN, 000–00–0000 JAMES L. CREIGHTON, 000–00–0000 *HARVEST A. FLOYD, 000–00–0000 STANLEY J. BROWN, 000–00–0000 SCOTT H. CRIZER, 000–00–0000 MICHAEL J. FLYNN, 000–00–0000 MICHAEL L. BRUHN, 000–00–0000 JOEL C. CROMWELL, 000–00–0000 MICHAEL D. FORMICA, 000–00–0000 IRBY W. BRYAN, JR., 000–00–0000 JAMES B. CRONIN, 000–00–0000 ALLEN N. FORTE, 000–00–0000 JACKIE J. BRYANT, 000–00–0000 FREDERICK A. CROSS, 000–00–0000 JAMES M. FOSTER, 000–00–0000 FREDERICK W. BUCHER, 000–00–0000 REGINALD B. CROSSON, 000–00–0000 MARK J. FOSTER, 000–00–0000 PAUL A. BUCKHOUT, 000–00–0000 CLARENCE A. CRUSE, 000–00–0000 WALTER N. FOUNTAIN, 000–00–0000 JAMES M. BUCKINGHAM, 000–00–0000 ANTHON CRUTCHFIELD, 000–00–0000 EDWARD J. FRANCIS, 000–00–0000 BELINDA L. BUCKMAN, 000–00–0000 ANTHONY S. CUCCIA, 000–00–0000 THOMAS A. FRANKE, 000–00–0000 MELISSA BUCKMASTER, 000–00–0000 KENNETH J. CULL, 000–00–0000 KELLY R. FRASER, 000–00–0000 MARK S. BUJNO, 000–00–0000 JAMES P. CUMMINGS, 000–00–0000 KENT E. FRIEDERICH, 000–00–0000 WILLIAM E. BULEN, 000–00–0000 JOHN P. CUMMINGS, 000–00–0000 GREGORY J. FRITZ, 000–00–0000 DONALD C. BULEY, 000–00–0000 ROBERT CUNNINGHAM, 000–00–0000 PETER D. FROMM, 000–00–0000 MICHAEL BUMGARNER, 000–00–0000 HOWARD R. CUOZZI, 000–00–0000 WILLIAM R. FRUNZI, 000–00–0000 DENNIS D. BUNDY, 000–00–0000 CHRISTOPHER CURRAN, 000–00–0000 GEORGE J. FUKUMOTO, 000–00–0000 THEODORE BURFICT, 000–00–0000 NANCY J. CURRIE, 000–00–0000 PETER N. FULLER, 000–00–0000 RALPH C. BURKART, 000–00–0000 ROBERT L. CURSIO, 000–00–0000 JACQUES L. FUQUA, 000–00–0000 DONALD J. BURNETT, 000–00–0000 JOSEPH G. CURTIN, 000–00–0000 GARY G. FURNEAUX, 000–00–0000 PETER L. BURNETT, 000–00–0000 ANTHONY J. CUSIMANO,* 000–00–0000 DOUGLAS L. GABEL, 000–00–0000 MICHAEL R. BURNEY, 000–00–0000 PETER G. DAGNES, 000–00–0000 BOYD D. GAINES, 000–00–0000 JOHN C. BURNS, 000–00–0000 ROBERT DALESSANDRO, 000–00–0000 STEVEN E. GALING, 000–00–0000 AARON W. BUSH, 000–00–0000 JOY S. DALLAS, 000–00–0000 TIMOTHY GALLAGHER, 000–00–0000 ROGER D. BUSHNER, 000–00–0000 BRIAN J. DANDO, 000–00–0000 WILLIAM GALLAGHER, 000–00–0000 PATRICIA J. BUSHWAY, 000–00–0000 SHARAN L. DANIEL, 000–00–0000 MICHAEL GALLOUCIS, 000–00–0000 BRIAN P. BUSICK, 000–00–0000 GARY N. DANLEY, 000–00–0000 TIMOTHY P. GANNON, 000–00–0000 HAROLD L. BUTCHER, 000–00–0000 OTIS M. DARDEN, 000–00–0000 DUANE P. GAPINSKI, 000–00–0000 STEPHEN H. BUTTON, 000–00–0000 JERRY M. DARNELL, 000–00–0000 DARY I. GARCIA, 000–00–0000 MICHAEL A. BYRD, 000–00–0000 JAMES E. DAVIDSON, 000–00–0000 JACOB A. GARCIA, 000–00–0000 MICHAEL A. BYRD, 000–00–0000 BROOKS S. DAVIS, 000–00–0000 WILLIAM B. GARRETT, 000–00–0000 PETER J. CAFARO, 000–00–0000 DARRELL R. DAVIS, 000–00–0000 GREGORY P. GASS, 000–00–0000 TIMOTHY J. CAHILL, 000–00–0000 JAMES L. DAVIS, 000–00–0000 MICHAEL D. GAYLE, 000–00–0000 WILLIAM R. CAIN, 000–00–0000 JOHN A. DAVIS, 000–00–0000 CARLTON E. GAYLES, 000–00–0000 WILLIAM T. CAIN, 000–00–0000 ROBERT J. DAVIS, 000–00–0000 RANDY E. GEIGER, 000–00–0000 JEFFREY S. CAIRNS, 000–00–0000 DARRYL C. DEAN, 000–00–0000 ARNOLD H. GEISLER, 000–00–0000 DEAN A. CAMARELLA, 000–00–0000 CRAIG A. DEARE, 000–00–0000 DONALD E. GENTRY, 000–00–0000 BRYAN E. CAMPBELL, 000–00–0000 FRANK L. DECKER, 000–00–0000 DOUGLAS H. GERMANN, 000–00–0000 VERNON L. CAMPBELL, 000–00–0000 JOSEPH DELLASILVA, 000–00–0000 LEWIS A. GERMANN, 000–00–0000 BRIAN T. CAMPERSON, 000–00–0000 JAMES F. DELRE, 000–00–0000 WILLIAM J. GILLEN, 000–00–0000 MICHAEL M. CANNON, 000–00–0000 JOHN P. DEUTSCH, 000–00–0000 REGINALD R. GILLIS, 000–00–0000 AMADOR L. CANO, 000–00–0000 THOMAS J. DEVINE, 000–00–0000 THOMAS P. GLEASON, 000–00–0000 JOHN R. CANTLON, 000–00–0000 DAVID L. DEVRIES, 000–00–0000 JOHN J. GNIADEK, 000–00–0000 MICAHEL E. CANTOR, 000–00–0000 LETA S. DEYERLE, 000–00–0000 GREGORY L. GOEHRING, 000–00–0000 MICAHEL R. CARAM, 000–00–0000 PETER DIAZ, 000–00–0000 CHARLES R. GOERTZ, 000–00–0000 EDWARD C. CARDON, 000–00–0000 WILLIAM E. DICKENS, 000–00–0000 PATRICK M. GOMEZ, 000–00–0000 CONSTANC CARPENTER, 000–00–0000 VICTOR DIEGOALLARD, 000–00–0000 ALB GONZALEZCASTRO, 000–00–0000 LARRY A. CARPENTER, 000–00–0000 MAX J. DIETRICH, 000–00–0000 MIKE D. GOODWIN, 000–00–0000 ROBERT M. CARPENTER, 000–00–0000 GARY F. DIGESU, 000–00–0000 GEORGE O. GORE, 000–00–0000 ROBERT A. CARR, 000–00–0000 ROLAND M. DIXON, 000–00–0000 MATTHEW L. GOREVIN, 000–00–0000 THOMAS H. CARR, 000–00–0000 DAVID M. DOBSON, 000–00–0000 FRANK J. GORSKI, 000–00–0000 JOHN C. CARRANO, 000–00–0000 JOHN J. DOLAC, 000–00–0000 STEVEN K. GOSNELL, 000–00–0000 ROBERT CARRINGTON 000–00–0000 MICHAEL I. DOLBY, 000–00–0000 MICHALE G. GOULD, 000–00–0000 JAYNE A. CARSON 000–00–0000 ANITA M. DOMINGO, 000–00–0000 ROBERT E. GRAF, 000–00–0000 DON C. CARTER 000–00–0000 BRIAN J. DONAHUE, 000–00–0000 MICHAEL W. GRANT, 000–00–0000 JOE N. CARTER, 000–00–0000 PATRICK J. DONAHUE, 000–00–0000 PETER T. GRASS, 000–00–0000 LORENZO CARTER, 000–00–0000 JOHN T. DOOLEY, 000–00–0000 MARK O. GRASSE, 000–00–0000 MARIANNE A. CARTER, 000–00–0000 MICHAEL T. DOOLEY, 000–00–0000 CHARLES T. GRAUL, 000–00–0000 *SAMUEL C. CARTER, 000–00–0000 ALEX C. DORNSTAUDER, 000–00–0000 REID E. GRAWE, 000–00–0000 PATRICK J. CASSIDY, 000–00–0000 DOROTHY S. DOYLE, 000–00–0000 DAVID R. GRAY, 000–00–0000 ALBERT A. CASTALDO, 000–00–0000 KEVIN J. DOYLE, 000–00–0000 THOMAS A. GRAY, 000–00–0000 RAYMOND CASTILLO, 000–00–0000 SAM D. DOYLE, 000–00–0000 THOMAS F. GRECO, 000–00–0000 DANIEL E. CAVANAUGH, 000–00–0000 GORDON C. DRAKE, 000–00–0000 ALLEN L. GREEN, 000–00–0000 JEFFREY P. CAVANO, 000–00–0000 MICHAEL W. DRUMM, 000–00–0000 DAVID K. GREEN, 000–00–0000 BRADLEY D. CHAIN, 000–00–0000 EMMETT H. DUBOSE, 000–00–0000 STEVEN M. GREEN, 000–00–0000 MICHAEL R. CHAMBERS, 000–00–0000 JAMES W. DUFFY, 000–00–0000 HAROLD J. GREENE, 000–00–0000 WALTER W. CHANDLER, 000–00–0000 KENT B. DUFFY, 000–00–0000 BRYON E. GREENWALD, 000–00–0000 VICTOR CHARGUALAF, 000–00–0000 SUSAN R. DUFFY, 000–00–0000 JEFFREY G. GREGSON, 000–00–0000 CHRISTOPHE CHARLES 000–00–0000 RONALD M. DUCAN, 000–00–0000 RICHARD A. GREWE, 000–00–0000 DEBORAH J. CHASE, 000–00–0000 KIMBERLY K. DURR, 000–00–0000 STANLEY A. GREZLIK, 000–00–0000 BRUCE D. CHESNE, 000–00–0000 STEPHEN R. DWYER, 000–00–0000 GEORGE A. GRIFFIN, 000–00–0000 HARRY K. CHING, 000–00–0000 KAREN E. DYSON, 000–00–0000 GILBERT A. GRIFFIN, 000–00–0000 MICHAEL F. CHURA, 000–00–0000 ELIZABETH A. EARLY, 000–00–0000 JOHN S. GRIFFIN, 000–00–0000 CAROL D. CLAIR, 000–00–0000 JOHN A. ECONOM, 000–00–0000 WILLIAM F. GRIMSLEY, 000–00–0000 BEN C. CLAPSADDLE, 000–00–0000 ARVEL J. EDENS, JR., 000–00–0000 JOHN W. GROEFSEMA, 000–00–0000 JAMES K. CLARK, 000–00–0000 BRANT D. EDMISTER, 000–00–0000 REGINALD C. GROOMS, 000–00–0000

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KARL D. GUSTAFSON, 000–00–0000 BILLIE W. KEELER, 000–00–0000 REUBEN W. MAYNARD, 000–00–0000 DONALD A. GUTKNECHT, 000–00–0000 BARRY L. KEITH, 000–00–0000 ROBERT D. MAYR, 000–00–0000 THOMAS GWIAZDOWSKI, 000–00–0000 CHARLES H. KELLAR, 000–00–0000 WILLIAM C. MAYVILLE, 000–00–0000 JEFFREY L. GWILLIAM, 000–00–0000 HARRY S. KELLAR, 000–00–0000 MARK A. MC ALISTER, 000–00–0000 WILLIAM H. HAIGHT, 000–00–0000 SUS KELLETTFORSYTH, 000–00–0000 MARILYN MC ALLISTER, 000–00–0000 BARRY G. HALVERSON, 000–00–0000 MICHAEL P. KELLIHER, 000–00–0000 DENNIS P. MC AULIFFE, 000–00–0000 STEVEN HAMMERSTONE, 000–00–0000 KEVIN W. KELLY, 000–00–0000 PATRICK G. MC CARTHY, 000–00–0000 RONALD J. HANSEN, 000–00–0000 PATRICK KELLY III, 000–00–0000 MATTHEW MC CARVILLE, 000–00–0000 ERIC J. HANSON, 000–00–0000 PAUL J. KELLY, 000–00–0000 RICHARD MC CAUGHEY, 000–00–0000 WILLIAM R. HANSON, 000–00–0000 PAUL W. KELLY, 000–00–0000 JACK R. MC CLANAHAN, 000–00–0000 RALPH V. HARDMAN, 000–00–0000 *WILLIAM P. KELLY, 000–00–0000 MARTIN C. MC CLEARY, 000–00–0000 JEFFREY S. HARLEY, 000–00–0000 RICHARD J. KEMPF, 000–00–0000 EDWARD D. MC COY, 000–00–0000 CYNTHIA HARRIS, 000–00–0000 JOHN F. KENDALL, 000–00–0000 MARY B. MC CULLOUGH, 000–00–0000 DYFIERD A. HARRIS, 000–00–0000 ROBERT W. KENNEALLY, 000–00–0000 JAMES C. MC CUNE, 000–00–0000 MICHAEL J. HARRIS, 000–00–0000 KEVIN B. KENNY, 000–00–0000 LLOYD E. MC DANIELS, 000–00–0000 JAMES W. HARRISON, 000–00–0000 JOHN M. KIDD, 000–00–0000 COLLEEN L. MC GUIRE, 000–00–0000 KENNET HARSHBARGER, 000–00–0000 JOHN Y. KIM, 000–00–0000 DONALD V. MC GUIRE, 000–00–0000 THOMAS A. HARVEY, 000–00–0000 BEVERLEY R. KINCAID, 000–00–0000 DAVID J. MC KENNA, 000–00–0000 ALDENE HATCHER, 000–00–0000 GARY S. KINNE, 000–00–0000 MARSHALL MC KINNEY, 000–00–0000 CHRISTOPHER HATLEY, 000–00–0000 MARK A. KINNIBURGH, 000–00–0000 RICHARD T. MC KINNEY, 000–00–0000 KEVIN C. HAWKINS, 000–00–0000 JAMES D. KIRBY, 000–00–0000 LAWRENCE MC LAUGHLIN, 000–00–0000 RONALD J. 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VerDate Aug 31 2005 04:32 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00220 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S20MR6.REC S20MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 20, 1996 CONGRESSIONAL RECORD — SENATE S2561

CHRISTOPHER OWENS, 000–00–0000 JAMES G. ROSE, 000–00–0000 JAMES A. STONE, 000–00–0000 ALFRED J. PADDEN, 000–00–0000 MARK D. ROSENGARD, 000–00–0000 JESSE M. STONE, 000–00–0000 HECTOR E. PAGAN, 000–00–0000 HAROLD S. ROSENTHAL, 000–00–0000 JANN E. STOVALL, 000–00–0000 WILBUR P. PALECZNY, 000–00–0000 ROBERT N. ROSSI, 000–00–0000 KEVIN P. STRAMARA, 000–00–0000 *SAMUEL L. PALMER, 000–00–0000 GREGORY A. ROSTEN, 000–00–0000 ARTHUR A. STRANGE, 000–00–0000 JAMES PALSHA, 000–00–0000 MICHAEL E. ROUNDS, 000–00–0000 JOHN C. STRATIS, 000–00–0000 STEVEN W. PANTON, 000–00–0000 JOHN S. ROVEGNO, 000–00–0000 ANDA L. STRAUSS, 000–00–0000 THOMAS M. PAPPAS, 000–00–0000 JOHN L. ROVERO, 000–00–0000 MARK R. STRICKER, 000–00–0000 RICHARD A. PARADISO, 000–00–0000 GEORGE R. RUFF, 000–00–0000 JEFFER STRINGFIELD, 000–00–0000 JOEL R. PARKER, JR., 000–00–0000 *RICHARD J. RUFFIN, 000–00–0000 STEVEN M. STUBAN, 000–00–0000 RICHARD H. PARKER, 000–00–0000 VAL L. RUFFO, 000–00–0000 DAVID J. STYLES, 000–00–0000 WILBUR A. 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SHAW, 000–00–0000 PED TORRESCHAMORRO, 000–00–0000 GEORGE PROHODA, 000–00–0000 JOHN M. SHAY, 000–00–0000 KARLA C. TORREZ, 000–00–0000 JERRY G. PRUITT, 000–00–0000 TIMOTHY C. SHEA, 000–00–0000 RICHARD A. TOTLEBEN, 000–00–0000 STANLEY PRUSINSKI, 000–00–0000 THOMAS R. SHELTON, 000–00–0000 SCOTT W. TOUSLEY, 000–00–0000 LARRY R. PRYOR, 000–00–0000 RICHARD J. SHERLOCK, 000–00–0000 TIMOTHY TOUZINSKY, 000–00–0000 ANTHONY J. PUCKETT, 000–00–0000 RODNEY D. SHERMAN, 000–00–0000 JOHN W. TOWERS, 000–00–0000 DANIEL PUSTY, 000–00–0000 FRANKLIN SHEWBERT, 000–00–0000 LINDELL B. TOWNSEL, 000–00–0000 WENDY R. PUSTY, 000–00–0000 MIRIAM D. SHIELDS, 000–00–0000 BARBARA L. TREHARNE, 000–00–0000 DAVID E. QUANTOCK, 000–00–0000 BARRY L. SHOOP, 000–00–0000 ERBIN L. TROUTMAN, 000–00–0000 BRIAN F. QUIGLEY, 000–00–0000 JAMES W. SHUFELT, 000–00–0000 THOMAS G. TROBRIDGE, 000–00–0000 FLOYD A. QUINTANA, 000–00–0000 RICHARD C. SHUMARD, 000–00–0000 ALBERT J. TURGEON, 000–00–0000 VICTORIA RADCLIFFE, 000–00–0000 WILLIAM F. SHURTZ, 000–00–0000 HENRY C. TURNER, 000–00–0000 TORSTEN E. RAMIREZ, 000–00–0000 FRANCI SIENKIEWICZ, 000–00–0000 RODERICK G. TURNER, 000–00–0000 MARTHA E. RANKIN, 000–00–0000 JACK D. SILVERS, 000–00–0000 MICHAEL G. URBAN, 000–00–0000 DARRELL S. RANSOM, 000–00–0000 JACQUELIN SIMCHICK, 000–00–0000 PETER D. UTLEY, 000–00–0000 ANTHONY M. RAPER, 000–00–0000 RICHARD L. SIMIS, 000–00–0000 PETER J. UZELAC, 000–00–0000 JOSEPH A. RAPONE, 000–00–0000 MARK P. SIMMS, 000–00–0000 THOMAS D. VAIL, 000–00–0000 EDWARD M. RATCLIFFE, 000–00–0000 PATRICK V. SIMON, 000–00–0000 OSCAR B. VALENT, 000–00–0000 THEODORE K. RAUSCH, 000–00–0000 *PETER O. SIMON, 000–00–0000 THOMAS S. VANDAL, 000–00–0000 GEORGE D. RAY, 000–00–0000 RICHARD P. SIRNEY, 000–00–0000 NEVILLE VANDERBURG, 000–00–0000 WAYMOND L. RAY, 000–00–0000 JAMES R. SKELTON, 000–00–0000 MARION H. VANFOSSON, 000–00–0000 ROBERT REDDINGTON, 000–00–0000 *RICHARD A. SMART, 000–00–0000 MARK D. VANUS, 000–00–0000 STEPHEN A. REDMOND, 000–00–0000 ANDRE L. SMITH, 000–00–0000 REY A. VELEZ, 000–00–0000 ANDREW A. REESE, 000–00–0000 CAROLYN S. SMITH, 000–00–0000 STEVEN D. VOLKMAN, 000–00–0000 TIMOTHY R. REESE, 000–00–0000 DAVID SMITH, 000–00–0000 CHRISTIA VONJACOBI, 000–00–0000 DONALD K. REEVES, 000–00–0000 KEVIN W. SMITH, 000–00–0000 JEFFREY D. WADDELL, 000–00–0000 JOHN S. REGAN, 000–00–0000 MICHAEL F. SMITH, 000–00–0000 CHRISTOPHER WAGNER, 000–00–0000 STEPHEN L. REGO, 000–00–0000 MICHAEL J. SMITH, 000–00–0000 KENNETH S. WAGNER, 000–00–0000 FREDERICK REICHERT, 000–00–0000 MICHAEL N. SMITH, 000–00–0000 RICHARD A. WAGNER, 000–00–0000 WILLIAM P. REINER, 000–00–0000 NATHANIEL SMITH, 000–00–0000 ROBERT J. WAGNER, 000–00–0000 DONALD G. REININGER, 000–00–0000 PAUL D. SMITH, 000–00–0000 PAUL S. WALCZAK, 000–00–0000 KURT C. REITINGER, 000–00–0000 PHILIP J. SMITH, 000–00–0000 JOSEPH A. WALDRON, 000–00–0000 JAMES D. RENBARGER, 000–00–0000 THOMAS J. SMITH, 000–00–0000 CAREY W. WALKER, 000–00–0000 CHRISTOPHE REORDAN, 000–00–0000 WILLIAM H. SMITH, 000–00–0000 MICHAEL T. WALKER, 000–00–0000 PAUL J. REOYO, 000–00–0000 EDWARD W. SNEAD, 000–00–0000 HENRY H. WALLER, 000–00–0000 MICHAEL S. REPASS, 000–00–0000 WILLIAM A. SNEAD, 000–00–0000 GUY J. WALSH, 000–00–0000 MICHAEL RESTY, JR., 000–00–0000 AUDY R. SNODGRASS, 000–00–0000 LESLIE B. WALSH, 000–00–0000 DANE K. REVES, 000–00–0000 CHARLES R. SNYDER, 000–00–0000 RICHARD K. WALTERS, 000–00–0000 JAMES B. RHOADS, 000–00–0000 ARTHUR A. SOBERS, 000–00–0000 WALLY Z. WALTERS, 000–00–0000 MICHAEL A. RHODEN, 000–00–0000 JOSEPH A. SOKOL, 000–00–0000 BRAD M. WARD, 000–00–0000 MICHAEL RICHARDSON, 000–00–0000 MICHAEL T. SOLOMON, 000–00–0000 HARALD H. WARD, 000–00–0000 ROSS E. RIDGE, 000–00–0000 MICHAEL E. SOUDER, 000–00–0000 JOHN R. WARD, 000–00–0000 AMY L. RIDGEWAY, 000–00–0000 RICHARD D. SPEARMAN, 000–00–0000 MARION M. WARD, 000–00–0000 WILLIAM R. RIEGER, 000–00–0000 PATRICIA M. SPENCER, 000–00–0000 DAVID E. WARDLAW, 000–00–0000 WILLIAM A. RIGBY, 000–00–0000 MICHAEL G. SPIGHT, 000–00–0000 EUGENE C. WARDYNSKI, 000–00–0000 WILLIAN E. RIKER, 000–00–0000 CHARLES D. SQUIRES, 000–00–0000 *KEVIN W. WARTHON, 000–00–0000 FRANK L. RINDONE, 000–00–0000 THOMAS H. STANTON, 000–00–0000 BETTE R. WASHINGTON, 000–00–0000 RHETT A. RISHER, 000–00–0000 BRIAN P. STAPLETON, 000–00–0000 GEORGE WASHINGTON, 000–00–0000 JOHN P. RITCHEY, 000–00–0000 JAMES J. STARSHAK, 000–00–0000 BRIAN F. WATERS, 000–00–0000 ROBERT J. RIVAS, 000–00–0000 JAMES A. STAUFFER, 000–00–0000 ALAN G. WATSON, 000–00–0000 PETER J. ROBERTS, 000–00–0000 TERENCE L. STEED, 000–00–0000 CHARLOTTE L. WATSON, 000–00–0000 PATRICK M. ROBEY, 000–00–0000 MARK A. STEENBERG, 000–00–0000 MICHAEL WAWRZYNIAK, 000–00–0000 HUGH G. ROBINSON, 000–00–0000 KURT J. STEIN, 000–00–0000 JEFFREY M. WEART, 000–00–0000 WILLIAM G. ROBINSON, 000–00–0000 BARNEY J. STENKAMP, 000–00–0000 JOHN W. WEATHERFORD, 000–00–0000 SUSAN M. ROCHA, 000–00–0000 EDDIE A. STEPHENS, 000–00–0000 CHARLES M. WEBB, 000–00–0000 RUSSELL C. ROCHTE, 000–00–0000 BRIAN P. STEPHENSON, 000–00–0000 EDWARD L. WEINBERG, 000–00–0000 MICHAEL R. ROCQUE, 000–00–0000 EDWARD STEPHENSON, 000–00–0000 IVAN B. WELCH II, 000–00–0000 STEVE C. RODIS, 000–00–0000 MICHAEL STEPHENSON, 000–00–0000 PAUL L. WENTZ, 000–00–0000 *GILBERTO RODRIGUEZ, 000–00–0000 MARK R. STEVENS, 000–00–0000 DENNIS A. WESTBERG, 000–00–0000 MICHAEL J. ROESNER, 000–00–0000 CARLTON STEVENSON, 000–00–0000 JOHN P. WESTBROOK, 000–00–0000 DAVID J. ROHRER, 000–00–0000 BEVERLY M. STIPE, 000–00–0000 STEVEN D. WESTPHAL, 000–00–0000 CHRISTOPHER ROMIG, 000–00–0000 STEPHEN C. STOCKMAN, 000–00–0000 JOHN F. WHARTON, 000–00–0000 *PEDRO J. ROSARIO, 000–00–0000 GEORGE F. STONE, 000–00–0000 WILLIAM A. WHATLEY, 000–00–0000

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WILLIAM M. WHEATLEY, 000–00–0000 EDWARD J. LESNOWICZ, JR., 000–00–0000 CALVIN R. DIXON, 000–00–0000 FRANK E. WHEELER, 000–00–0000 GARRY W. LEWIS, 000–00–0000 JAMES G. DIXON, JR., 000–00–0000 BRENDA Y. WHITE, 000–00–0000 DAVID R. MALTBY, 000–00–0000 MARK C. DOBBS, 000–00–0000 DON M. WHITECOTTON, 000–00–0000 JOSEPH J. MC MENAMIN, 000–00–0000 JOHN D. DONAHUE, 000–00–0000 STUART A. WHITEHEAD, 000–00–0000 MARK S. MC TAGUE, 000–00–0000 JOE D. DOWDY, 000–00–0000 CRAIG M. WHITEHILL, 000–00–0000 TIMOTHY P. MINIHAN, 000–00–0000 ERIK N. DOYLE, 000–00–0000 STUART A. WHITFIELD, 000–00–0000 THOMAS E. MINOR, 000–00–0000 WARREN I. DRIGGERS, 000–00–0000 GREGORY J. WICK, 000–00–0000 RICHARD MONREAL, 000–00–0000 GREGORY R. DUNLAP, 000–00–0000 MARK R. WILCOX, 000–00–0000 WILLIAM J. NIEMASIK, 000–00–0000 JOHN J. DUPRAS, 000–00–0000 RICHARD I. WILES, 000–00–0000 THOMAS M. O’LEARY, 000–00–0000 PAUL K. DURKIN, 000–00–0000 THOMAS P. WILHELM, 000–00–0000 JOHN M. PAXTON, JR., 000–00–0000 MICHAEL A. DYER, 000–00–0000 MARK S. WILKINS, 000–00–0000 EARL W. POWERS, 000–00–0000 LAURIN P. ECK, 000–00–0000 STEPHEN M. WILKINS, 000–00–0000 JOHN R. PRIDDY, 000–00–0000 GREGORY J. EHRMANN, 000–00–0000 DOUGLAS W. WILLARD, 000–00–0000 DOUGLAS C. RAPE, 000–00–0000 PAUL A. EVANS, 000–00–0000 JEFFREY D. WILLEY, 000–00–0000 ROLAND G. RICHARDELLA, 000–00–0000 JEFFREY D. EVEREST, 000–00–0000 AARON J. WILLIAMS, 000–00–0000 JAMES D. RIEMER, 000–00–0000 WILLIAM L. EZELL, 000–00–0000 GARLAND H. WILLIAMS, 000–00–0000 RONALD P. ROOK, 000–00–0000 HARRY W. FARMER, JR., 000–00–0000 JEFFREY N. WILLIAMS, 000–00–0000 RICHARD C. ROTEN, 000–00–0000 ROBERT W. FERGUSON, JR., 000–00–0000 MICHAEL S. WILLIAMS, 000–00–0000 GLEN R. SACHTLEBEN, 000–00–0000 KEITH B. FERRELL, 000–00–0000 JENNIE WILLIAMSON, 000–00–0000 RICHARD F. SCHALK, 000–00–0000 JUAN A. FIGUEROA, 000–00–0000 CHARLES A. WILSON, 000–00–0000 PHILIP F. SHUTLER II, 000–00–0000 MICHAEL E. FINNIE, 000–00–0000 WILLIAM D. WILSON, 000–00–0000 LUCIANO S. SILVA, 000–00–0000 CHRISTOPHER M. FLECK, 000–00–0000 JUAN J. WINTELS, 000–00–0000 WILLIAM L. SMITH, 000–00–0000 GEORGE E. FLEMING III, 000–00–0000 JAYME WINTERS, 000–00–0000 HARRY C. SPIES, 000–00–0000 EDMUND F. FLORES, 000–00–0000 DOUGLAS WISNIOSKI, 000–00–0000 RICHARD E. ST PIERRE, 000–00–0000 WARREN J. FOERSCH, 000–00–0000 WILLIAM G. WITHERS, 000–00–0000 JOHN F. SWEET, 000–00–0000 GARY P. FONTAINE, 000–00–0000 LEONARD WONG, 000–00–0000 DUANE D. THIESSEN, 000–00–0000 WILLIAM A. FRANCHI, 000–00–0000 BENNY E. WOODARD, 000–00–0000 JAMES E. THIGPEN, 000–00–0000 ADRIENNE F. FRASERDARLING, 000–00–0000 ANDRE G. WOODS, 000–00–0000 RALPH F. TICE, 000–00–0000 KEVIN M. FRENCH, 000–00–0000 LAWRENCE W. FRYER, JR., 000–00–0000 EDWIN P. WOODS, 000–00–0000 STEVEN J. TOMISEK, 000–00–0000 GEORGE J. TRAUTMAN III, 000–00–0000 RAYMOND P. GANAS, 000–00–0000 GEORGE J. WOODS, 000–00–0000 PAUL A. TULLY, 000–00–0000 DAVID C. GARZA, 000–00–0000 ROBERTA A. WOODS, 000–00–0000 WILLIAM D. TYRA III, 000–00–0000 ROBERT A. GEARHART, JR., 000–00–0000 WILLIS A. WOODS, 000–00–0000 ROBERT M. WELTER, 000–00–0000 THOMAS D. GEHRKI, 000–00–0000 ARTHUR W. WOOLFREY, 000–00–0000 PHILIP R. WESTCOTT III, 000–00–0000 PAUL C. GIBBONS, 000–00–0000 JAMES C. WORKMAN, 000–00–0000 WILLIE J. WILLIAMS, 000–00–0000 HAROLD R. GIELOW, 000–00–0000 BRIAN A. WRIGHT, 000–00–0000 ROBERT O. WORK, 000–00–0000 EDWARD T. GILHOOLEY, 000–00–0000 PAUL E. WRIGHT, 000–00–0000 RICHARD H. ZALES, 000–00–0000 PAUL F. GILLIS, 000–00–0000 JIMMY R. WYRICK, 000–00–0000 RICHARD C. ZILMER, 000–00–0000 THOMAS E. GLAZER, 000–00–0000 LOWELL S. YARBROUGH, 000–00–0000 TERRANCE A. GOULD, 000–00–0000 LEON N. YATES, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE- ROBERT S. GRAHAM, 000–00–0000 MARK A. YESHNIK, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE OF LIEU- WILLIAM W. GRIFFEN, JR., 000–00–0000 CHET C. YOUNG, 000–00–0000 TENANT COLONEL IN THE U.S. MARINE CORPS IN AC- JAMES M. GRIFFIN, JR., 000–00–0000 LAVERM YOUNG JR., 000–00–0000 CORDANCE WITH SECTION 624 OF TITLE 10, UNITED GREGORY L. HARBAC, 000–00–0000 RICHARD A. YOUNG, 000–00–0000 STATES CODE. MARY M. HARBAC, 000–00–0000 SAMUEL R. YOUNG, 000–00–0000 To be lieutenant colonel WILLIAM J. HARTIG, 000–00–0000 LOUIS G. YUENGERT, 000–00–0000 MARK L. HASKETT, 000–00–0000 STEPHEN V. ZAAT, 000–00–0000 WILLIAM S. AITKEN, 000–00–0000 MICHAEL L. HAWKINS, 000–00–0000 DANIEL L. ZAJAC, 000–00–0000 GREGORY S. AKERS, 000–00–0000 DAVID E. HEILAND, 000–00–0000 STEPHEN J. ZAPPALLA, 000–00–0000 LARRY D. ALEXANDER, 000–00–0000 RICHARD B. HENSEL, 000–00–0000 JERRY D. ZAYAS, 000–00–0000 JOHN M. ALLISON, 000–00–0000 EUGENE A. HERRERA, 000–00–0000 JACK C. ZEIGLER, 000–00–0000 TERRY D. AMYX, 000–00–0000 KEVIN G. HERRMANN, 000–00–0000 DONALD A. ZIMMER, 000–00–0000 PHILIP ANDERSON, 000–00–0000 JOSEPH F. HIGGINS, 000–00–0000 MARTIN T. ZIOBRO, 000–00–0000 SCOTT M. ANDERSON, 000–00–0000 DONALD H. HILDEBRAND, JR., 000–00–0000 JOHN T. ZOCCOLA, 000–00–0000 WILLIAM J. ANDERSON, 000–00–0000 LLOYD C. HOLBERT, 000–00–0000 WILLIAM C. ZOLP, 000–00–0000 JUAN G. AYALA, 000–00–0000 JOHN P. HOLDEN, 000–00–0000 IN THE MARINE CORPS ROBERT J. BADER, 000–00–0000 DARRELL A. HONEA, 000–00–0000 GREGORY A. BALLARD, 000–00–0000 TIMOTHY W. HOONAN, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE- MARK H. BAMBERGER, 000–00–0000 GLENN M. HOPPE, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE OF COLONEL BRUCE K. BANCROFT, 000–00–0000 GREGG H. HORSTMAN, 000–00–0000 IN THE U.S. MARINE CORPS IN ACCORDANCE WITH SEC- RICHARD A. BARFIELD, 000–00–0000 JAMES R. HOWCROFT, 000–00–0000 TION 624 OF TITLE 10, UNITED STATES CODE. THOMAS G. BARTON, 000–00–0000 STEPHEN P. HUBBLE, 000–00–0000 To be colonel PATRICK L. BEEKMAN, 000–00–0000 WILLIAM D. HUGHES III, 000–00–0000 LORINE E. BERGERON III, 000–00–0000 TIMOTHY L. HUNTER, 000–00–0000 MICHAEL C. ALBANO, 000–00–0000 BRENT D. BIELENBERG, 000–00–0000 PETER J. HURAL, 000–00–0000 JAMES C. APLIN, 000–00–0000 DEBRA M BIELY, 000–00–0000 RICHARD F. INGLETT, 000–00–0000 HENRY ATTANASIO, 000–00–0000 PAUL R. BLESS, 000–00–0000 DANIEL T. JACKSON, 000–00–0000 RANDY B. BELL, 000–00–0000 ROBERT J. BLEWIS, 000–00–0000 JOHN J. JACKSON, 000–00–0000 THOMAS A. BENES, 000–00–0000 ELVIS E. BLUMENSTOCK, 000–00–0000 RODNEY J. JARVIS, 000–00–0000 MICHAEL D. BOYD, 000–00–0000 ROBERT BOLAND III, 000–00–0000 LEONARD A. JASCZAK, 000–00–0000 RANDY W. BRICKELL, 000–00–0000 THOMAS G. BOODRY, 000–00–0000 CARL J. JENKINS, 000–00–0000 PAMELA A. BRILLS, 000–00–0000 RICHARD A. BOWEN, 000–00–0000 DOUGLAS J. JEROTHE, 000–00–0000 STEPHEN A. CARNES, 000–00–0000 FRANK R. BOYNTON, 000–00–0000 RONALD J. JOHNSON, 000–00–0000 LYNN M. CHAMPAGNE, 000–00–0000 TERRANCE C. BRADY, 000–00–0000 DAVID S. JONAS, 000–00–0000 ROCKY J. CHAVEZ, 000–00–0000 THOMAS BRANDL, 000–00–0000 KEVIN L. JONES, 000–00–0000 JOHN T. COGGIN, 000–00–0000 JOHN M. BRANUM, 000–00–0000 MICHAEL A. JONES, 000–00–0000 MARK E. CONDRA, 000–00–0000 ROBERT J. BRENNAN, 000–00–0000 STEVEN M. JONES, 000–00–0000 CHARLES E. COOKE, 000–00–0000 RAYMOND T. BRIGHT, 000–00–0000 WILLIE C. JONES, 000–00–0000 DONALD K. COOPER, 000–00–0000 WILLIE J. BROWN, 000–00–0000 RAYMOND B. JOSEPH, 000–00–0000 MICHAEL L. COOPER, 000–00–0000 JOSEPH A. BRUDER IV, 000–00–0000 ROBERT E. JOSLIN, 000–00–0000 CHRISTIAN B. COWDREY, 000–00–0000 PAUL A. BRYGIDER, 000–00–0000 TIMOTHY E. JUNMETTE, 000–00–0000 GLENN K. CUNNINGHAM, 000–00–0000 KENNETH R. BUNNING, 000–00–0000 KEVIN M. KACHMAR, 000–00–0000 CHARLES K. CURCIO, 000–00–0000 BERNARD T. BURCHELL JR, 000–00–0000 STEPHEN R. KACZMAR, 000–00–0000 JAMES W. DAVIS, JR., 000–00–0000 CATKIN M. BURTON, 000–00–0000 STEVEN M. KEIM, 000–00–0000 ROBERT K. DOBSON, JR., 000–00–0000 DANIEL T. BUTTON, 000–00–0000 RUSSELL A. KELLER, 000–00–0000 KENNETH D. DUNN, 000–00–0000 BARETT R. BYRD, 000–00–0000 KENNETH W. KEVERLINE, 000–00–0000 RICHARD C. DUNN, 000–00–0000 JOHN M. BYZEWSKI, 000–00–0000 LAWRENCE M. KING, JR., 000–00–0000 GEORGE P. FENTON, 000–00–0000 CARLOS J. CAMARENA, 000–00–0000 JOHN W. KIRKLAND III, 000–00–0000 FLETCHER W. FERGUSON, JR., 000–00–0000 JOHN J. CANHAM, JR., 000–00–0000 CHAD E. KIRKLEY, 000–00–0000 DONALD E. FLEMING, JR., 000–00–0000 MICHAEL G. CANTERBURY, 000–00–0000 LAWRENCE D. KNOSP, 000–00–0000 JAMES F. FLOCK, 000–00–0000 BRADLEY E. CANTRELL, 000–00–0000 JOHN G. KORAN III, 000–00–0000 GEORGE J. FLYNN, 000–00–0000 THOMAS L. CARIKER, 000–00–0000 THOMAS R. KOVACH, JR., 000–00–0000 MARC E. FREITAS, 000–00–0000 GARY L. CARTER, 000–00–0000 BRUCE T. KOWALSKI, 000–00–0000 JOHN M. GARNER, 000–00–0000 JEFFREY L. CASPERS, 000–00–0000 ROBERT A. KUHNERT, 000–00–0000 WALTER E. GASKIN, SR., 000–00–0000 EDWIN B. CASSADY, 000–00–0000 MICHAEL D. KUSZEWSKI, 000–00–0000 ROBERT E. GERLAUGH, 000–00–0000 JOSEPH D. CASSEL, JR., 000–00–0000 JOSEPH M. LANCE III, 000–00–0000 KENNETH J. GLUECK, JR., 000–00–0000 RONALD E. CHEZEM, JR., 000–00–0000 JAMES B. LASTER, 000–00–0000 HENRY T. GOBAR, 000–00–0000 WILLIAM M. CIASTON, 000–00–0000 KEITH A. LAWLESS, 000–00–0000 BARNEY A. GRIMES, III, 000–00–0000 GUY M. CLOSE, 000–00–0000 KEVIN M. LEAHY, 000–00–0000 JOHN L. GRIMMETT, 000–00–0000 NORMAN R. COBB, 000–00–0000 TIMOTHY G. LEARN, 000–00–0000 EDWARD J. HAMILTON, 000–00–0000 WILLIAM C. COLLEY, 000–00–0000 BEVELY G. LEE, 000–00–0000 ROBERT L. HAYES, III, 000–00–0000 MICHAEL J. CONKLIN, 000–00–0000 ALAN R. LEWIS, 000–00–0000 ELLEN B. HEALEY, 000–00–0000 THOMAS M. CONNERS, 000–00–0000 MARC C. LIEBER, 000–00–00001 ALAN P. HEIM, 000–00–0000 JAMES M. CONNOLLY, JR., 000–00–0000 CHAD LIENAU 000–00–0000 DENNIS J. HEJLIK, 000–00–0000 LAWRENCE P. CORBETT, 000–00–0000 ERIC T. LITAKER, 000–00–0000 MICHAEL K. HICKS, 000–00–0000 GARY A. CORREIA, 000–00–0000 DANIEL M. LIZZUL, 000–00–0000 RICHARD J. INGOLD, 000–00–0000 STEPHEN R. COTE, 000–00–0000 ROBERT G. LONGINO, 000–00–0000 CARL B. JENSEN, 000–00–0000 ROBERT E. CRANK, 000–00–0000 ROBERT M. LOTTIE, 000–00–0000 MICHAEL J. JINNETT, 000–00–0000 CARL M. CRIBBS, 000–00–0000 MICHAEL E. LOVE, 000–00–0000 WILLIAM D. JOHNSON, 000–00–0000 RICHARD J. CRUSH, 000–00–0000 JEFFREY G. LUCAS, 000–00–0000 THOMAS R. KELLY, 000–00–0000 RICHARD C. DANIELS, 000–00–0000 STEPHEN P. LYNCH, 000–00–0000 DAVID B. KIRKWOOD, 000–00–0000 MATTHEW A. DAPSON, 000–00–0000 JOHN F. LYNN, 000–00–0000 KENT D. KOEBKE, 000–00–0000 DIANNE S. DAVIS, 000–00–0000 WILLIAM P. MACECEVIC, JR., 000–00–0000 RICHARD W. KOKKO, 000–00–0000 KEVIN J. DELMOUR, 000–00–0000 JEAN T. MALONE, 000–00–0000 ANDREW KOWALSKI, 000–00–0000 JAMES R. DERDA, 000–00–0000 THOMAS F. MANLEY II, 000–00–0000 JOHN D. LEHOCKEY, 000–00–0000 RICHARD L. DETRIQUET, 000–00–0000 JEFFERY L. MARSHALL, 000–00–0000 SCOTT E. LEITCH, 000–00–0000 DOUGLAS J. DIEHL, 000–00–0000 EDDIE D. MARTIN, 000–00–0000

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LYNETTE M. MARTIN, 000–00–0000 LYNN A. PRICE, 000–00–0000 SUSAN G. SWEATT, 000–00–0000 CARL D. MATTER, 000–00–0000 KAREN S. PROKOP, 000–00–0000 PETER J. TALLERI, 000–00–0000 FRANK D. MAZUR, 000–00–0000 JOHN C. PROSS, 000–00–0000 WILLIAM E. TAYLOR, 000–00–0000 SCOTT E. MC CLAY 000–00–0000 THOMAS F. QUALLS, JR., 000–00–0000 DAVID G. THOMPSON, 000–00–0000 EDWARD M. MC CUE, II, 000–00–0000 WILLIAM A. REED, JR., 000–00–0000 ROBERT L. THOMPSON, 000–00–0000 LAWRENCE J. MC ENROE, JR., 000–00–0000 PATRICK C. REGAN, 000–00–0000 DONALD J. THORNLEY, 000–00–0000 RICK T. MC FADDEN, 000–00–0000 RICHARD C. REINECKE, 000–00–0000 DAVID H. TIERNEY, 000–00–0000 BERNARD W. MC GOWAN, JR., 000–00–0000 BRUCE A. REXROAD, 000–00–0000 CHRISTOPHER M. TILTON, 000–00–0000 KENNETH F. MC KENZIE, JR., 000–00–0000 JACKIE L. RICKMAN, 000–00–0000 DWIGHT E. TRAFTON, 000–00–0000 DENNIS M. MC NULTY, 000–00–0000 VICKI A. RILEY, 000–00–0000 RAYMOND R. TROMBADORE JR., 000–00–0000 CRAIG M. MC VAY, 000–00–0000 WILLIAM H. RITCHIE III, 000–00–0000 ROBERT S. TROUT, 000–00–0000 JERRY G. MENGELKOCH, 000–00–0000 JOSE E. RIVERA, 000–00–0000 PETER T. UNDERWOOD, 000–00–0000 LEO A. MERCADO, JR., 000–00–0000 WILLIAM E. RIZZIO, JR., 000–00–0000 HENRY G. VANWINKLE II, 000–00–0000 JONATHAN G. MICLOT, 000–00–0000 GRADY H. ROBY, JR., 000–00–0000 GREGORY J. VAUGHAN, 000–00–0000 GEORGE F. MILBURN III, 000–00–0000 DAVID L. ROGERS, 000–00–0000 STEVEN E. VEYNA, 000–00–0000 WALTER L. MILLER, 000–00–0000 THOMAS L. ROLLANDINI, 000–00–0000 BRIAN J. VINCENT, 000–00–0000 GREGORY E. MINKS, 000–00–0000 GLENN W. ROSENBERGER, 000–00–0000 RONALD E. VONLEMBKE, 000–00–0000 DAVID J. MOLLAHAN, 000–00–0000 MICHAEL O. ROWELL, 000–00–0000 RODERICK K. VONLIPSEY, 000–00–0000 JOHN E. MONTEMAYOR, 000–00–0000 ROGER R. ROYSTON, 000–00–0000 GLENN L. WAGNER, 000–00–0000 MEDIO MONTI, 000–00–0000 ROBERT L. RUSCH, 000–00–0000 ROBERT P. WAGNER III, 000–00–0000 GARRETT W. MOORE, 000–00–0000 DENNIS G. SABAL, 000–00–0000 ROBERT E. WALDEN, 000–00–0000 JOHN A. MORROW, 000–00–0000 MICHAEL L. SAUNDERS, 000–00–0000 ALAN W. WALLACE, 000–00–0000 THOMAS M. MURRAY, 000–00–0000 MICHAEL L. SAWYERS, 000–00–0000 EDWARD M. WALSH, 000–00–0000 CHARLES R. MYERS, 000–00–0000 WILLIAM A. SAWYERS, 000–00–0000 ROBERT S. WALSH, 000–00–0000 GORDON F. MYERS, 000–00–0000 HUBERT J. SCALLON, 000–00–0000 STEVEN L. WALSH, 000–00–0000 CHAD F. NELSON, 000–00–0000 SHEILA M. SCANLON, 000–00–0000 DAVID L. WALTER, 000–00–0000 JAMES L. NELSON, JR., 000–00–0000 STEVEN J. SCHAD, 000–00–0000 GLENN M. WALTERS, 000–00–0000 SCOTT D. NELSON, 000–00–0000 MICHAEL H. SCHMITT, 000–00–0000 GARY A. WARNER, 000–00–0000 PAUL J. NUNEZ, 000–00–0000 CHRISTOPHER P. SCHUCHARDT, 000–00–0000 PATRICIA F. WARREN, 000–00–0000 ROBERT E. NUNLEY, 000–00–0000 DOUGLAS E. SCHUMICK, 000–00–0000 KENNETH L. WARTICK, 000–00–0000 CHRISTOPHER E. O’CONNOR, 000–00–0000 JOEL G. SCHWANKL, 000–00–0000 STEPHEN L. WATTERS, 000–00–0000 KEITH A. OLIVER, 000–00–0000 KEITH A. SEIWELL, 000–00–0000 MICHAEL M. WEBER, 000–00–0000 ROGER J. OLTMAN, 000–00–0000 DAVID L. SEMPLE, 000–00–0000 LESLIE S. WEINHARDT, 000–00–0000 BERNARD E. O’NEIL, 000–00–0000 MARK S. SHAFER, 000–00–0000 STUART D. WEINSTEIN, 000–00–0000 MICHAEL E. O’NEIL, 000–00–0000 JAMES K. SHANNON, 000–00–0000 JAMES L. WELSH, 000–00–0000 MICHAEL E. OSTAPIEJ, 000–00–0000 THOMAS R. SHAW, 000–00–0000 ANTHONY J. WENDEL III, 000–00–0000 CHARLES E. OWENS, 000–00–0000 STEPHEN M. SHEEHAN, 000–00–0000 MARTIN M. WESTPHAL, 000–00–0000 ANTHONY B. PAIS, 000–00–0000 ROLF A. SIEGEL, 000–00–0000 DERMOT C. WHELEHAN, 000–00–0000 LEON M. PAPPA, 000–00–0000 BRANTLEY O. SMITH III, 000–00–0000 GLEN WHITE, 000–00–0000 JON E. PARIS, 000–00–0000 ROBERT L. SMITH, 000–00–0000 BRUCE A. WHITEHOUSE II, 000–00–0000 WILLIAM E. PARRISH, 000–00–0000 JERRY W. SNEED, 000–00–0000 WILLIAM W. WIGGINS, 000–00–0000 DARRYL B. PATTON, 000–00–0000 CHRISTOPHER H. SONNTAG, 000–00–0000 ROBERT A. WILKINS, 000–00–0000 MICHAEL J. PAULOVICH, 000–00–0000 COSMAS R. SPOFFORD, 000–00–0000 GREGORY K. WILKINSON, 000–00–0000 ROBERT L. PELON, 000–00–0000 ESTA L. STAPLES, 000–00–0000 JEFFREY R. WILLIS, 000–00–0000 CURTIS A. PERRY, 000–00–0000 LAWRENCE P. STAWICKI, 000–00–0000 GARY L. WILLISON, 000–00–0000 DANIEL J. PETERS, 000–00–0000 BYRON F. STEBBINS, 000–00–0000 DAVID L. WILSON, 000–00–0000 RICHARD J. PETROFF, 000–00–0000 WILLIAM T. STOOKSBURY, 000–00–0000 SANDRA L. WILSON, 000–00–0000 TIMOTHY A. PHILLIPS, 000–00–0000 JAMES D. STOREY, 000–00–0000 TIMOTHY B. WILSON, 000–00–0000 ALLAN C. POLLEY, 000–00–0000 THOMAS K. SUDBECK, 000–00–0000 ALEC F. YASINSAC, 000–00–0000 BRIAN L. POOLER, 000–00–0000 MARTIN J. SULLIVAN, 000–00–0000 DOUGLAS P. YUROVICH, 000–00–0000

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